Droving Act 1894 (WA)

58 VICTORIA. No. 34 The Droving Act, 1894

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO OCTAVO

VICTORIA; REGIME

No. 34

An Act to regulate the Droving of Travelling Stock.

[Assented to 28th November, 1894.

lative Assembly of Western Australia, in this present Parliament BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis-

assembled, and by the authority of the same, as follows :-

Short title and 1. This Act may be cited as The Droving Act, 1894,' and shall

commencement come into operation on the first day of January, 1895.

Interpretation 2. In this Act, unless the context otherwise indicates, the following

terms have the meanings set against them respectively

Drover '—The proprietor or any other person driving or in

possession or charge of any travelling stock.

`Inspector'—Any person appointed as an inspector under any

Act for the time being regulating the branding of stock.

`Manager '—The person for the time being in principal charge

of any run.

Constable '—Any officer or member of the Police Force.

Proprietor '—The owner or proprietor, jointly or in severalty,

of any stock.

Run '—Any run, station, farm, freehold, or leasehold, where

stock are kept or depastured.

' Stock '—Any horse, mare, gelding, colt, filly, ass, mule, camel, bull, cow, ox, heifer, steer, calf, ram, ewe, wether, lamb, or goat.

Travelling Stock '—Any stock taken or driven, or about to be taken or driven, to any place more than forty miles from the run upon which such stock were depastured previous to starting.

Proprietor of

travelling stock 3. (1) Whenever the actual proprietor of any stock, or the manager

to provide him-

of any such proprietor, intends to act as the drover thereof, he shall

self with way

bill

provide himself with a way bill in the form contained in the First

First Schedule

Schedule to this Act, and signed by such proprietor or manager, in the

presence of a subscribing witness.

Proprietor to (2) Whenever any person, other than the actual proprietor, or

provide drover the manager of any such proprietor of any stock, acts as the drover

with delivery

note thereof, such proprietor or manager shall complete, sign in the presence Second Schedule of a subscribing witness, and deliver to such person a delivery note in

the form contained in the Second Schedule to this Act.

58 VICTORDE. No. 34 The Droving Act, 1894

(3) If the way bill or delivery note of any such travelling stock In event of loss

is accidentally lost or destroyed, the drover in charge thereof shall Ti'ifenolvicirqo

forthwith apply in writing to the nearest Justice of the Peace, or apply for interim	inspector, or to the officer in charge of the nearest police station, for way billor note
an interim way bill or delivery note, as the case may be.

(4) Such Justice of the Peace, inspector, or officer shall, on Jus tice of tie

satisfactory proof of such loss, grant an interim way bill or delivery roarnP,Zt4).;

note for such stock, in the form contained in the Third Schedule to this grant interim

Act, and the person so applying shall, for such interim way bill or way billor note

delivery note, pay to such Justice of the Peace, or inspector, or officer Third Schedule

the sum of One pound.

(5) Any Justice of the Peace, or constable, or inspector, or Way bill or

agent of an inspector, duly authorised by an inspector on that behalf, darrettlorinteay

or any occupier of any run, through or along which such stock is, or be inspected

has been travellincr, may inspect any travelling stock, and compare the

brands or marks thereof with the brands or marks set forth in any b

such way bill or delivery note, or interim way bill or delivery note.

(6) The drover of any such stock shall, on being requested so Drover to sub- mit stock to

to do, submit the stock in his charge to such inspection accordingly,

Inspection

and shall, when required, produce his way bill or delivery note, or

interim way bill or delivery note, as the case may be.

(7) Any proprietor, manager, or drover who fails to comply Penalty

with any of the requirements of this section, or fails to assist in the inspection of such stock, shall be summarily punishable before any two or more Justices of the Peace, and liable, on conviction, for every such offence, to a penalty not exceeding Fifty pounds.

4. (1) Any Justice of the Peace, constable, inspector, or agent Endorsement of

inspecting travelling stock as aforesaid, and being satisfied with the w ay bill no or

delivery te

correctness of the way bill or delivery note, or interim way bill or delivery note thereof, shall endorse thereon his name, designation, and address.

(2) Any Justice of the Peace, upon the complaint or information Drover may in

on oath by the Justice of the Peace, constable, inspector, or agent ``'tale arsesbe c

inspe ting such stock, that the drover had in his charge or possession summarily

stock not fully and accurately described in such way bill or delivery note, or did not produce the way bill or delivery note, or interim way bill or delivery note, relating to such stock, when required as aforesaid, may issue a summons to such drover, to appear at a time and place mentioned in such summons, before any two or more Justices of the Peace, and such drover shall be summarily punishable before such Justices, and liable, on conviction, for every such offence, to a penalty not exceeding Fifty pounds.

(3) Any person purchasing or receiving from any such drover any stock not described, or incorrectly described in any such way bill

Penalty for

purchasing stock

incorrectly

or delivery note, or interim way bill or delivery note, or from any

way bill or

described in any

drover who has not produced a written authority from the proprietor

delivery note

of such stock, or his manager, to sell, or otherwise dispose of the same, shall be summarily punishable, before two or more Justices of the Peace, and liable, on conviction, to a penalty not exceeding Fifty pounds.

VOL. III. M t.f

58 VICTORDE. No. 34

The Droving Act, 1894

to be moved5. All travelling stock shall, if consisting of horses, mares, geldings,	Travelling stock.
certain distances colts, fillies, asses, mules or camels, or of bulls, cows, oxen, heifers, per diem steers, or calves, be moved not less than eight miles per diem, and if

consisting of sheep, rams, ewes, wethers, lambs, or goats, not less than five, or when through enclosed lands seven, miles per diem, towards

Prmviso their destination. Provided, however, that if it should be made to appear to the satisfaction of any Justice of the Peace, or inspector, or the occupier of the run through or along which such stock are travel- ling, that owing to some unforeseen cause the compliance with the foregoing provisions would entail unnecessary hardship, it shall be competent for any of such persons to give a written permission varying the requirements of this section in such manner as they may deem expedient.

Drovers to give

notice before	6. (1) Every drover, before allowing any travelling stock to approach within ten miles of the head station or homestead on any run, or the headquarters of any person in charge of stock on any part of a run, shall give the occupier of such run, or person in charge as aforesaid, not less than twenty-four hours' nor more than three days' notice of his approach, by leaving such notice at such head station, homestead, or headquarters, as the case may require, and such notice shall specify by what route such stock are about to be driven across such run. Provided further, that such notice shall not be necessary in case of horses, camels, or cattle bona fide used for saddle, packing, or draught, or where the number of horses, camels, cattle, or other stock (excepting sheep) shall not exceed twenty.
entering a. run
Penalty	(2) Any drover neglecting to give the notice required by this section shall be summarily punishable before any two or more Justices of the Peace, and liable, on conviction, to a penalty not exceeding Fifty pounds.
Travelling sheep
to be bnintled T	7. Every proprietor of travelling sheep shall cause the same to be legibly branded with the letter T on the rump with some suitable composition, such letter to be at least three inches in length, and shall keep such sheep so branded until their arrival at their destination. Every proprietor neglecting the provisions of this section shall be summarily punishable before any two or more Justices of the Peace, and liable, on conviction, to a penalty not exceeding Twenty pounds.

Sheep or cattle returning to8. (1) If any travelling sheep or cattle be brought back to the run same district to from which they started to travel, or to any run in the same district, pay a travelling the proprietor of such sheep or cattle shall pay to an inspector forcharge

such district, or to the Resident Magistrate thereof, a travelling charge at the rate of Twopence per one hundred sheep, and Twopence per ten head of cattle per mile, for the whole distance such sheep or cattle shall have travelled from the time they started as aforesaid until they were brought back to either of such runs. Provided always, that the

vomption provisions of this section shall not apply to any sheep or cattle being bond fide moved to another run of the same owner for change of pasture, nor to any sheep or cattle sent bona fide to and returning unsold from market.

Application of

Charges

(2) All moneys received by inspectors or Resident Magistrates

for travelling charges under this Act shall be paid by them to the

Colonial Treasurer for the public uses of the Colony, and all such

58 VICTORI.E. No. 34 The Droving Act, 1894

moneys payable by any proprietor may be recovered summarily before	Recovery of
charges
any Justice of the Peace in Petty Sessions, or by seizure and sale, under the written order of the Resident Magistrate, of the sheep or cattle so brought back as aforesaid.
9. Sections A, E, F, G, and H of ' The Shortening Ordinance, 1853,' shall be incorporated with, and taken to form part of this Act	Sections of
Shortening
Ordinance to be
to all intents and purposes, and in as full and ample a manner as if	incorporated
the said sections have been introduced and fully set forth in this Act.

IV. C. F. ROBINSON,

GOVERNOR.

FIRST SCHEDULE	Section 3
DROVING ACT, 1891'
Proprietor's Way Bill

, do solemnly and sincerely declare that I am the

actual proprietor [or the manager of the proprietor; of the stock named in the schedule below consisting of (number in words) (description of stock) which are travelling from

to by

Signed at this day of 18

Before me (Signature)

(Witness) Proprietor or Manager.

SCHEDULE REFERRED TO ABOVE

Number Description of Stock Brands or Harks of Stock

(Signature)

Superintendent or Proprietor.

SECOND SCHEDULE	Section 3
DROVING ACT, 1894'

Delivery Note

This is to certify that I have here this day delivered into the charge of

, as my drover, the (state number in words) (description

m m 2

58 VICTORI/E. No. 34 The Droving Act, 1894

of stock) mentioned in the schedule below, for the purpose of their being

at

_ by him to

Signed at this day of (Signature)

Proprietor or Manager.

Before me,

(Witness)

SCHEDULE REFERRED TO ABOVE

Number Description of Stock Brands or Marks

(Signature)

Proprietor or Manager.

Section 3	THIRD SCHEDULE
DROVING ACT, 1894'

Interim Way Bill (or Delivery Note)

18

It having been represented to me that , the drover of the (state

number in words) (description of stock) belonging to

mentioned in the schedule below, has accidentally lost his way bill [or delivery

note] while travelling from to , this interim

way bill [or delivery note] is hereby granted to such drover for such stock.

(Signature)

Inspector or Officer.

SCHEDULE ABOVE REPERRED TO

Number Description of Stock Brands or Marks

(Signature)

•

Inspector or Officer.