Impounding Act 1856 (SA)

No. 4.

An Act to amend an Ordinance, No. 3 of 1847, " To amend the

Laws relating to the Impounding of Cattle."

[Assented to, l) ecember 11, 1856.1

HEREAS it is expedient to amend an Ordinance, No. 3 of Preamble.

one thousand eight hundred and forty-seven, " To amend the

Laws relating to the Impounding of Cattle3'--Be it therefore enacted,

by the Governor-in-Chief of the Province of South Australia, with

the advice and consent of the Legislative Council thereof, as

follows:

1. When any cattle shall be found trespassing upon land in Cattlehpunaed to be taken to nearcst

any district constituted under the authority of an Act No. 16 in or

of one thousand eight hundred and fifty-two To appoint if none, then to near-

District Councils, and to define the Powers thereof," it shall est pound.

be lawful for the person, by the said Ordinance authorized, to drive and lodge the same in the public pound within such district nearest to the said land; and if there be no public pound within such district, then to the public pound nearest to the said land.

2. I t shall be lawful for any poundkeeper to charge, for the per- Poundkeepertoohew for service of notice

sonal delivery of any notice by the said Ordinance required to be one shillingpermile,

given by him to the owner of any impounded cattle, or his agent, for first tenmiles, and sixpence per mile

the sum of one shilling for every mile not exceeding ten miles, and bepond.

of sixpence for every mile exceeding ten miles of the distance of the

glace, at which such notice shall be served, from the pound wherein

the cattle, to which such notice shall relate, are impounded: Pro- P,,~,,,

vided always, that, when the owner or agent of any impounded cattle may reside at a greater distance from such pound than the nearest Post Office through which apy notice nay be readily con- veyed to such owner or agent, the sum chargeable for delivery of such notice shall be calculated on the distance to such Post Office.

D 3. No

"Ot t"b"e- 3. NO poundkeeper shall be bound or required to deliver out

liverable excepting .

from sunrise to sun-	any cattle excepting between sunrise and sunset.
set.
Poundkeepers in dis-
trict may sell without	4. When any pound shall be situated within a district, constituted as aforesaid, it shall not be necessary for the poundkeeper, before proceeding to the sale of any cattle impounded therein, to obtain the order of any Justice of the Peace authorizing such sale, as in
order of Justices.
Ijeclaration.	the said Ordinance required: Provided, that every such pound- keeper shall annex to any return of cattle sold by him, as such poundkeeper, made to any District Council, a declaration under his hand, that all the terms and provisions of the said Ordinance have been complied with; and any poundkeeper omitting to make such declaration, or making such declaration falsely, shall be guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding three calendar months, besides being liable to make good any loss or damage occasioned by reason of his having omitted to comply with the said Ordinance.

Councilmay 5. 'Whenever it shall be made to appear, to any District Council, that any cattle impounded in any pound within the district of such Council are not of sufficient value to defray the poundage fees and charges and expenses of keep- ing the same, if detained for the time by the said Ordinance prescribed, it shall be lawful for such District Council to authorize the sale of such cattle on such earlier day, and after such notice to the owner or his agent when known, and by advertisement or other- wise as may to such Council appear reasonable and expedient.

order earlier salc of

cattle impounded.

Purchaser not bound

to prove regularity ef	6. No purchaser of cattle sold by any poundkeeper by virtue or under colour of the said Ordinance shall be bound to prove that such sale was regular, or that the te rm and conditions of the said Ordinance had been complied with, or be affected by any default or irregularity on the part of the poundkeeper of which such purchaser shall not have had notice before or at the time of the sale of such
W ~ C.
S1lrp'usproceeds
cattle.
be paid over to Diatriot	7. Every poundkeeper whose pound shall be situate within any district constituted as aforesaid shall pay over to the District Council of such district all moneys by the said Ordinance directed to be
Councils.
paid to the Colonial Treasurer, and the said District Council shall
hold such moneys for the period of two years for the use of the ownex of the cattle producing the same, and shall pay over the same in pursuance of any order of a Justice as by the said Ordinance authorized, to or to the order of the owner of such cattle, and after such period of two years shall ap@y the same moneys to the general purposes of the said Council.
Party impounding

not liable for fees. 8. The party impounding any cattle shall not be liable to make

pod to the poundkeeper any fees or cha~ges in respeot of the

9. Any

any- cattle other than his own, or his master's, or employer's, from 9. Any person who shall knowingly and wilfully drive away ~';Z::%;;;;Y

any land other than his own, or his master's, or employer's, shall, on con- viction of every such offence, forfeit and pay the sum of Five Pounds.

10. It shall be lawful for the proprietor or occupier, or any person Goats~pim fowls, kc.9

may bc destroyed.

in charge of any enclosed garden or enclosed land, to destroy, by any means, except by the use of poison, any goats, pigs, fowls, or rabbits, found trespassing therein: Provided that the proprietor or occupicr, or person in charge of the garden or land, shall have given notice in writing to thc owner of any goats, or pigs, or fowls, or mbbits, so trespassing, or have advertised twicc in the public news- papers of the Province, his intention to destroy all goats, or pigs, or fowls. or rabbits, found trespassing on his garden, or enclosed land, as aforesaid.

11. Notwithstanding anything contained in the said Ordinance, N o t n c c e s ~ a ~ t o prove

that fence is good and

or in any table of rates fixcd by the Justices of the said Province, in Suficient.

purs~~ance thereof, it shall not he necessary for the owner or

occupicr of any P I ~ C I ~ S C ~ pa(ldo~k, or meadow, or garden, to prove that the same was enclosed with u good and substantial fcnce, and the Schedule U to the said Ordinance, and any table of rates so made, or hereafter to be made, shall be rcad and construed as though the words " good and substantial " were omitted therefrorn.

12. KO person holding the office of rxnaer untler the Crown or No ranppr to be at tlle t! same time pound-

anv District Council shall at thc samo t m e fill the situation of keeper.

po;ndkeeljer in any District of the Province.

13. It, shall bc lawful for any rangel. or other person appointcc2 P m n s appointrri by District Countils may

in that behalf by thc Council of any district, constituted as afore- impolmd	Crown
said, to impound any cattle found trespassing up00 the waste and	P , ,' , +

", <,. ,, .=- , l", ~ ' u r - - * - d '

unsold conmon lands of the Crown, or upon the main or district - / l

; F * , P -L- C c , I. >

&ads within such cliS.tri'ct; and it shall be lawful for any occupier y-+-.-, -, -

-

of any fenced-in land within such district to impound any cattle L - / -. c - &=L

J /L ' '7-

found straying without any one in charge on the main or district 8 /

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roads irn&d&tcly atljtjacerk or frontingWto the fenced-in land of the

said occupicr; and all rates payable in respect of such cattle shall

be paid to the said Council for the use of the district.

land, after the expiration of three days after notice not to trespass aftcr notrce. 14. If any cattle shall be found trespassing upon any unfcnced Cattle try~passiri~

upon such land, by or on behalf of the owner or occupier thereof, shall have been served upon the owner of such cattle, or left for him at his last known place of abode, or after fourteen days' notice not to trespass on such land, describing the same by the number of the Sections, or other precise and :-tccurate c'rescription shall have been

inserted in the 8outh Australinn Government Gazette, the owner or

occupier of such land may lawfully demand and recover, in respect

of such cattle, one-third of the same rate as though the land upon

which such cattle shall be found trespassing were enclosed with a

fence. 15, Any

Penalty for taking

down raileto let cattle 15. Any person who shall unlawfully remove or take down any

into fencod land,	rail, or slip panel, or fencing, for the purpose of allowing cattle to trespass upon, or escape from, any enclosed land, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to a. penalty not exceeding Ten Pounds, or to imprisonment with hard labor for any period not exceeding three calendar months,
Act to be construed

aa one with ~ x q x m ~ ~ d - 16. This Act and the said Ordinance shall be read and construed

ing A C ~. as one Act.

U

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Aqelaide : Printed by authority, by W, C. Cox, Government Printer, Victoria-sqqa~,