Droving Act Amendment Act 1919 (WA)

1919.] Droving. [No. 41.

DROVING.

10° GEO. V., NO, XXIX.

No. 41 of 1919.

AN ACT to amend the Droving Act, 1902.

[Assented to 17th December, 1919.]

B E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:-

1. This Act may be cited as the Droving Act Amendment Short title.

Act, 1919, and shall be read as one with the Droving Act,

1902, hereinafter referred to as the principal Act.

2.    Section three of the principal Act is hereby amended temotment of

by omitting the words "taken or driven or about to be taken or," in the interpretation .of the term "travelling stock.".

3.    Section five of the principal Act is repealed, and a sec- alt2vaggi,

tion is inserted in place thereof, as follows:— of new section.

5. (1.) Whenever any person, other than the actualnil tt, 1:to. ).oce orrot° ver

proprietor or the manager of any such proprietor of any shot delivery

stock, acts as the drover thereof on behalf of such pro-

prietor or manager, the proprietor or manager shall make

out in duplicate and sign, in the presence of a subscribing

witness, a delivery note in the form contained in the second

Second Schedule. Schedule.

(2.) Whenever the drover acts for himself or as the

agent of some other party, the proprietor or manager

shall make out in duplicate and sign, in like manner as

aforesaid, a delivery note in the form contained in the

Third Schedule. Such form shall be signed by both	Third Schedule.
parties in the presence of a subscribing witness.

No. 41.] Droving. [1919.

Duplicate to be	(3.) One of such duplicate delivery notes shall be de- livered to the drover, and the other shall, at the same time, be sent by the proprietor or manager to the Chief Inspector of Stock in Perth, by posting the same as a letter.
Inspector of
Stock.

sent to Chief

Section seven of the principal Act is hereby amended,

by substituting the words "fourth schedule" for "third sche-

dule."

Amendment of 4.

Sec. 7.

Amendment of

Section nine of the principal Act is hereby amended, by

omitting the word "occupier," in line three, and inserting the

word "manager" in place thereof.

Sec. 0. 5.

Section ten of the principal Act is hereby amended, by inserting, in line two, after the word "do," the words "yard to same when a yard is available within two miles when not travelling on a stock route, or at the leaseholder's last gate when travelling on a stock route, and shall"; and by adding a proviso, as follows :—"Provided that the yard shall be in the direction the stock are travelling, and in the case of stock travelling on a stock route the yard is provided by the lessee at the last gate on his run"; and by adding to the section the following words :—"Any drover failing to comply with any provision of this section shall be guilty of an offence against this Act."

Amendment of 6.

Sec. 10.

Amendment of 7.

Section twelve of the principal Act is hereby amended, by inserting before the word "agent," in line three, the word "his," and by inserting after the word "agent," in line three, the words "or the manager or other person acting on his behalf."

See. 12.

Amendment of 8.

Section fourteen of the principal Act is hereby amended,

by omitting the word "occupier," in the second line of the

proviso, and inserting the word "manager" in place thereof.

Sec. 14.

Amendment of 9.

Section fifteen of the principal Act is hereby amended by adding a subsection, as follows :-

Sec. 15.

(4.) The owner or lessee of a run into which any travelling stock enter shall keep the route clear of his own stock after receiving such notice as aforesaid while the travelling stock are crossing the run.

1919.] Droving. [No. 41.

10. A section is hereby inserted in the principal Act as New Section.

section eighteen (a), as follows:—

18a. No stock shall be driven through or over any run Stock to be

kept to stock

on which is a lawfully reserved stock route, except along tontes

such route:

Provided that tins section shall not apply

(a)

where stock is being driven to a destination

which cannot be reached by such stock route;

(b)

where the drover has obtained the written per- mission of the owner or manager of the run to leave the stock route;

but in every case the drover shall drive the stock on the stock route to the nearest point thereon to his ultimate destination.

Any drover committing a breach of this section shall be guilty of an offence against this Act; and shall be liable, also, to be proceeded against by the owner of any run, in any court of competent jurisdiction, for recovery of any damages arising from such breach.

11. Section twenty of the principal Act is hereby amended Amendment of

by omitting the figures "1898" and inserting "1918" in place Sec

thereof.

12. A section is hereby inserted in the principal Act as Application of South.

section twenty-one, as follows :— west Division.

21. (1.) This Act, except section fifteen thereof, shall not apply within the South-West Division of the State as defined by the Land Act, 1898, except when travelling stock are required to cross land held under pastoral lease.

(2.) In the application of section fifteen to the South- West division of the State paragraphs (b) and (c) of subsection (1) thereof shall not apply, and the words "twelve hours" shall be read in lieu of "eighteen hours," and the section shall be subject to a proviso, as follows:—"Provided that it shall not be necessary for notice to be given if the stock are driven over a main road fenced on both sides thereof."

No. 41.] Droving. [1919.

Insertion of a

new schedule. 13. A schedule is hereby inserted in the principal Act as the Third Schedule, as follows:—

THIRD SCHEDULE.

THE DROVING ACT, 1902.

Delivery Note.

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

of , as drover, the stock

mentioned below, as (state whether as the purchaser or lessee thereof or as

agent for	, of
or how otherwise).

And I the said (drover), , certify

that I am about to drive such stock to (state place)

for (state whether for his own account or for delivery to

Number. Description of Stock. Brands or Marks.

Signed at , this day

of , 19 .

Signature (proprietor or manager)

(Address)

Signature (drover)

Before me—

(witness)

Amendment of 14.

The Third Schedule to the principal Act is hereby

amended, by substituting the word "Fourth" for the word

"Third."

Third Schedule.

Reprinting of

All copies of the principal Act printed by the Govern- ment Printer shall be printed as amended by this Act under the supervision of the Clerk of Parliaments and all necessary references made in the margin. In such reprint section eighteen (a) of this Act may be numbered section nineteen, and the following sections of the principal Act may be renum- bered accordingly.

principal Act 15.

with amend-

ments.