Impounding Act 1858 (SA)

A.D. 1858. be o ,-S

No. 8.

AIL Act to co?zsolidute nttd amend the Laws relatiag to the Im~mmdin,q

of' Cattle. 7

[Assented to, 24th Dcccmber, 1858.1 [,,qy/ c$9b ,---- - - --

4 RE.iS it is expedient to consolidate and amend the Laws

by the Governor-in-Chicf of the Province of South Australia, W"" relating to the inlpounding of cattle-Be it therefore Enacted	with the advice and consent of the Legislative Council and
House of Assembly of the said Province, in this present Parliament
assembled, as follows:

1. From and after the commencement of this Act, an Act, No. 8, ~; ~; ! ? ~ ~ ~ ~ f ~

of the third year of the reign of' fIer present bTajesty, irhtuled 3 Vict., NO. 3, 1847,

An Act to prevent Entire llorsev being suffercd to stray or run 41 ' 856.

at large ;" and also an Ordinance, No. 3 of 1847, " To amend the Laws relating to the Impounding of Cattle ;" and also an Act, No. 4 of 1856, to amend the said Ordinance, shall be and the same are

hereby repealed, but the repeal of the same shall not have the effect

of reviving any Act or Ordinance which was by the aforesaid Acts

and Ordinance repealed.

2. In the construction and for the purposes of this Act (if not Inte~retat ion of

inconsistent with the context), the word "Owner" shall include

occupier of land, and also agent, overseer, bailiff, a d manager of 4- S ' 57'c51 - &-l .

land, or of cattle; and the word "Cattle" shall include the several	* Et *.{,G.
animals described in the Schedules hereto, marked A and B res-

pectively; and words importing the singular number shall include Ca	- U - *
the plural number, and shall apply to a plurality of persons or ani- mals; and words denoting the masculine gender shall apply to per- sons and animals of the feminine gender.

I 3. Every

3. Every Municipal Corporation and District Council shall, within the boundary of their respective limits, carry into cxccution the several prov&ious of this &t, in relation to tl;e erection and main- tenance of pounds, and thc appointment and retnoval of' pound- keepers, and in relation to the varying of the sums to be received

The trict POwera Councils. to

by poundkeepers as fees on the impounding of cattle, and for the

sustenance of such cattle while impounded, and in relation to re-

cognizanccs to be entered into by poundkccpers.

Appointment of

pounds and pound-	4. It shall be lawful for BIunicipal Corporations and District Councils to establish within their respective liwits one or more public pou~lds, and to appoint fit and proper persons to be li-eepers of' such pounds, and with regard to those portions of the said Province which do not come within the limits of any Municipal Corporstion or District Council, it shall be lawful for the Governor to establish public
keepers.
pounds and to appoint poi~ndkeepers at such places as may be deemed,
necessary; and it shall be lawful for the Governor, or for snch 3funicipl Corporation or District Council, respectively, to rcnlove suck poundkeepers.

Notification in CO- 5. ,4

notification of the appointment or renloval of any public all Justices of the Peace, in the said Yrovii~cc, and for all intents and purposes, be deenled and taken to btl evidence that such pound

cel-nnzent G ~ r e t t e to be

of appoint- pound or poundkeeper, as the case p nay bc, s l d l be iusertcd iu the

men$ or removal of a	Gocernnzent Gazette, and snch notice shall in all Courts, ancl before
pound or poundkeeper.
or pounclkeepcr hat11 becn legally appoiuted or rornoved as in sncli
notification is mentioned.

ranger tobp

same time a pound-	6. No person holding t21r office of ranger nnrlcr the Crown or under any R/lunicipal Corporation or I>istinict Cmncil, or holding a publican's licence, shall at the same time fill the situation of' poundlreeper.
keeper.

Pound to be fenced, 7, Every public pound shall be properly fenced and encloscd

enclosed, and kept and adapted, so far as may be, for keepiug cattle infected with ally

undiilrcpair,	contagious or infectious disease, separate and a,pii-tr.t froill other
cattle, and shall be kept in good repair and cleaned by the keepcr thereof; and if the keeper of any public pound shall not Beep the same clean and in good repair, or rillall knowiilgly licey or pern~it
to be kept m y cattle infected with any contagious or infectious discase in the same ellclosure with cattle not so infected, or shall not keep the cattle which shall from time to time be impounded therein supplied with a sufficiency of wholesome food and water, at least twice a day, between the hours of eight and uiue o'clock in the forenoon, and the hours of four and five o'clock in the afternoon, every such poundkeeper shall, upon conviction of any such neglect, incur a penalty not exceeding Five Pounds, to hc recovered and applied ss hereinafter mentioned.

Constant supply of

water to be main-	8. There shall be a constant supply of wholesome water in every pound, supplied either by troughs or in any other manner, that shall afford the animals impounded free access to the water at all times.
tained.

9, It

Feas to be paid to

9. Tt shall be lawful for every pouridkeeper to charge aud receive, for cattle inlpourirlerl under thc provisions of tliis Act, the rates or fees specified in the Sc&$ule hereto, marked A; and to charge and receive, for the daily sustenance of such cattle while impounded, the rates or fees, in respect of such sustenance, specified in the Schedule hereto, marked B; and such several rates or fees shall be charged according to the description of cnttle contained in the said Sche- dules, and for each da, or part of a day, during which sucli cattle poundkeqw.

slittll renlnm impoun - cd. ___;41

10. The owner of cattle im ounded for damage by ti.espass shall pay the rates for trespass sljecl Bates for trespass.

-%X-- e m the Schedule hereto, marked

.. *

B, accordillg to the' dcs&iption of cattle, and according- to tlre

description of land or crop contained in such Scliedule; regard

being had to the description -- of fences hereinafter mentioned. -

Jmticc9 to have a	h	- E -
table of charges for

of f u d, and estimate ,&,(,L*

erk rates of ordillary damage, subject to -, d 3

me allowance, &C., of

asGovsmur. 6 ~ 5 - 4 7 r T

ru?cnrat within tlic boundaries of Municipal Corporations or District .. -4

;a " '-1

Co~~ricils, to vary the rates specified in the said Schedule marked A, ancl also the rates specified in the said Schedule marked R; and also to vary the rates fbr tlie daily sustenance of cattle while impounded; arid also to vary the mtcs spccificd in the said Schedule marked B, for t lx ordinary damage and trespass of sucli cattle; and such rates,

when so varied, sllall be respectively notified in the Govertzment

Cwettc, and s l d and may, when so varicd from time to time, be law- fd ly cllargecl m c l recovered, according to the provisions of tliis Act.

12. Every poundkeeper shall be bound by recognizancc, himself Poundkeeper to entei into recognizance

in the sum of One I-Iundred Pout&, and one or more sureties, to with sureties.

be npproved of by the Justice of t11e'~ence taking the same, o r by the Ben& of llngistrntes at any Local Court or full jurisdiction	within the said Province, in the further sum of Twenty-five Pounds,	in the form and with the co~~dition contained in the Scliedule here-
unto annexed, marked D, wllicli recognizance any Justice of the I'eace or Bench of RSagistmtes is hereby authorized and empowered to take, conditioned for the faithful performance by such person of his duty as poundkeeper, and of every act, matter, and thing; by him
req~~ired to be done and performed by virtue and according to the
provisions of this Act; and in case of forfeiture, the sum payable
by virtue of sucl.1 mcognizancc shall be payable to the Treasurer for
the public uses of the said Province and the support of the Govern- ment thereof, if the forfeiture shall not have occurred within the limits of a hfunicipal Corporation or of a District Council, or for the benefit of such Municipal Corporation or District Council, as the case may be, if it shall have occurred within the limits thereof.

thc owner, tcnant, occupier, agent, orer- Party aggriend map on which any cattle, the owner whereof impound, on his own land, cattle tres-

shall passing.

s l d l be known to him, may be feud trespassing, to inlpourd and detail1 the same in any convenient place upon l& own Inlid: Provided that Ire shall, within twenty-four hours of such iinpouildin8, give or cause to be given to the owner of the said cattle, or leare at his usual or last known place of abode in the said Province, the like notice i t s is

-.c after required to be give11 to the keeper of any public pound by any

person sending cattlc thereto: And provided that hc shall feed and maintain the cattle while so impounded, and shall not keep then1 impounded longer than three whole days of twenty-four hours each, and at the expiration of that time if not sooner released, upon

His duty, and lawful payment of the rates which by this Act are chargeable by the charges. keeper of the nearest public pound for feeding and maintaining

such cattle, to lead or drive the same cattle to such pound.

Of 14. I t shall bc lawful for any person, or the tenant, agent, overseer,

cattle trespassing, a d

duty of the p e r m	or bailiff of any person;pon	whose land any cattlc sllnll he found trcs-
sending them to the

pound.

passing, or for any ranger, to lead or drive such cattle to the public

pound nearest to the said land, and the person inlpoundieg any suc l~

cattle shall give a notice to the keeper of the said pound specifying

the number and kinds of the cattle impounded, and the rlanle of the

owner, if he he known, or of the suppoaud owner, or that he is

wholly unknown, and also specifying the place where tllc cattle wcre

trespassing, and the amount of damage claimed for the trespass, arid

Penalty for impound- the charges, if any, for the sustenance thereof, and if any ow~icr	or
ing contrary to t h s

A C ~.	occupier of land, or tenant, his a p t, overseer, or bailiff, shall im- p o ~ ~ n d m y cattle u i l l a w f u l ~ or in any Iace_llrtt. -- a u d i o ~ i z z by this
Act, he . . shall incur a penalty-%t exceec ing Ten Pounds for rvery
R U C ~ offence.

Pounllkeep~r to have

a copy of this Act and 15. The keeper of every public pound shall be provided by the au-

to have a pound thority appointing him with, and shall preserve near to the said pound

book and the re- a copy of this Act, and also a pound book, in the form i l l tllc Sclwlule

quisites of the latter. hereto marked C, and he shall enter iu each column in the said W-" ...- -

pound book in a legible hnndwntlng, the' particulars of all cattle lodged in the said pound, specifying. the day and hour as near as nray be, when, and the cause for wlmh the same mere resy~ectively

impounded, and by whom they wcre sent, the time and illode of

giving notice of the said impounding, as by this Act required, and also when and in what manner the same were rclcased, and by whose order and to whom delivered, and shall obtain the signature of the person to whom they were delivered, and his place of residence, and, if sold, the particulars of sales, by whose order the same were made, and the amount received as the proceeds thereof, as well as for maintenance and fees and cllarg~s under distinct columns, and the mid entries shall be made: but not after any dispute concerning any such entry shall have arisen; and such pound book shall be and remain public property, and sliall be delivered up to the authority appointing the poundkeeper, by every poundkeeper on his ceasing to hold that ofice, or sooner if demanded; and a copy of this Act and the said pound book shall at all reasonable times bc produced by tlle said poulid-

keeper

1ccrper to, and bc opeu for the illspcction of, my person desiring to see the snme; and the said poundkeeper sl~all, if required, grant ex- tracts (signed by llilnself) from the said pouad book upon ynynient of ~ i x p n & for every such extract not exceeding ouo llmldred words,

xrid of Sixpence for every sulmqucnt number of words not exceeding

onc hundred; and tllc said poundlieeper shall file and preserve, for not less than two years, d l orders made by any Justice of the Peace concerning any cattle impounded, aud every pouildkeepcr shall on the last day of c:tch 111011th transmit to the Treasurer of tlie said Pro- vince, or of the Nu~i i c ip l Corporation or the District Council, as

tlie case m:ty h, R true copy of dl the entries in tlie said po~znd

hook during such n~ontli, alld if any poundlwqwr sllall neglect or

refuse to p~oduce for the iilspectioir of any person desiring to sec tlie same, a copy of this Act free of chargel or tlie snicl pound book,-^^^^ shall ncg-l~ct to 11mkf: any such elltry tlicrem, as hereinbefore directed, s u i i poundkeeper slinll incur, f'or every such neglect or refusal, a penalty not exceeding Twenty Shillings, arid if any such pound- keeper shall wilf~~lly delay making any entry, or shall lmowingly ~ilake iLny false elltry in tlie said pound book, or shall erase or cfestroy any entry previously made tllcreiu, he shall incur for every such off'ence a pellalty of 're11 Po~~uds.

1 G. The lieeper of every puldic p o u d shall, within fourteen days Poundkeeper to keep a board of fws and

nest nfter 11;s ;tppointnllent, erect or put up and ~liniiitain, in sonle ,harFTce, and rates or

conspicnolw part of the said potl~ld, n board li,zvillg painted thereon, oldiliary damage.

in lcgildc black cl~aractcrs on A white g r o u ~ ~ d, 3 tahlc of all sue11

la\vf'ul fecs ailcl cl~nrgcs :as hc is by tliis Act :iuthorized to demnrid, take, and rtlccivc, togetl2er with all rates of ordinary damages as csti- mated, awsseci, :illcl allowed under nucl by virtue of tlie same; a~itl if' he s ld l f l d to erect or put up the said bonrcl, or to Beep the s:tlnc? it1

proper repair, and the letters and fecs ~unrlicd there011 in a Icqil~le

conditiol~, after it has bccn erected nricl put 1113, or to ninlre any alte'i-a- tion tilereill mllich may afterwards become necessary, witlhi >L r c a w i l - able time gf'ter the said alterations ought to be made, or sll:dl lil~o\.;-

ingly paint or cause to be paintcc1 tl~eseo~i any false statcnlent, I I C sli;~11

forfeit arid pay as a penalty for every day that such bo:wcl shall i lot ljc erected or put up, except during such reasonable time as the smne

s l d l bc taken clo~v11 for alteration or repair, m d for cvcry day t l ~ t

not made aftcr a reasona1)le ti tne fbr making the sarilc respect ively,	sucli I3o:ird sllall not Ile mhtnirlec' in proper repair, or :lltcmtion he
shall have clnpsecl, the sum of' Two Sliillir~gs arid Sixpence, and h r. every day Ire shall linowingly suffcr any false statenicnt to I-ciliniti 011
the board tlle s ~ m of' Five Shillings,

17. The lreeper of every p b l i c pound shall receive and detain my R U ~ rcsponsi-

in his ctlstody any cattlc lodged in the pound, and sllall be "l@ofp"uud""er.

respoiisible to tllo owner thereof for loss or damage s~wtaiucd 1 2	llc?
by his milhl act or neglect, or his servants, but not otlierwise; nud thc said poundkceper sllall and nmy detain a11 cattle so impountled until the snlne sliall be liberatcd according to the provisions of this Act, or until the sum for which they were impounded,

K together

together with his lttarful fees and charges, sllnll be paid, or ten- dered or sec~ued to be paid in the manner hereinafter provided, or until he shall receive the written order of the person in~pounding

such cattle to deliver the same, and shall receive from such persou his lawful fees and charges; and upon sucll payment, as afvesaicl, being made or tendered, or secured as hereinafter provided, or such order being received from the pcrson impounding, togetller with the fees and charges aforesaid, tlie said poundkeeper shall imnlediately deliver such cattle to the owner thcreof, or his agent, overseer, or bailiff, or other person duly authorized by such owner to receive tlie same, and if such poundkeeper shall fail to delivcr such cattle as hereby required and directed, he s ldl incur a penalty for evcry such

affence of not less than Two Pounds nor more tl~nn Five Pounds.

Cattle not to be

delivered except from 18. No poundkeeper shall be required to deliver any cattle,

eunrise to sunset. except between the hours of sunrise and sunset.

Partyimpoundillgnot 19. The party inlpoundin,_~. cattle shall not be liable to pay to the

liable for fcc8. poundkeeper any fees or charges iu respect of the saruc.

Stray cattle not to be 20.

It shall not be lawful for any person to drive any cattlc from giving notice to wach last-mentioned person, his overseer, or bailiff, of the tinw hc intends to drive away such cattle; and any person who shall fail to give such notice as hereby required, or wlio shall enter upon m y other person's lands fbr the purpose of driving any cattle, or shall attempt to drive any cattle, without giving such notice, or who shall drive away any cattle otlier thnu his own, OF his master's, or employer's, from the land and out of t l l ~ lierds of any other person, shall, oa convictioll for ewry such offence, forfeit and pay the sum of not less than Five Pounds nor more than Twenty Pounds: Provided that nothing hereiu contailled shnll ope- rate to prevent any carrier from depasturing auy cattle upon auy Waste Lands of fhc Crown while ~ctual ly enlployed fur the purposes ~f traffic,

taken away without

notice toownerof	the land, or out of the herds of any other person, without first
landwhere they are.

Party using cattle 2 1.

Any Fersoll who shall, without the authority or conseilt of the owner thereof, work or use any horse, mare, gelding, bull, bullock, steer, or heifer, or who, not being a poundkeeper, shall, vitllout such authority or consent, milk any cow, shall for each such offeuce forfeit and pay a penalty of not less than One Pound and not more than

without consent of

owncr.

Twenty Pounds, together with such sum as the Magistrates, at the

hearing of the complaint, shall adjudge just and reasonable, to be paid to the prosecutor or complainant for his compensation and costs in that behalf.

may be destroyed. person in charge of any enclosed garden or enclosed land, to destroy G~at~,pig.s,fowla,&c., 22. It shall be lawful for the proprietor or occupier, or any

by any means, except by the use of poison, and in six hours after-

wards, if not claimed by the owner, to reniove or bury any goats, pigs, dogs, poultry, or rabbits found trespassing tlweiu: Yrovided

that

that the proprietor or occupier, or person in charge of siicll garden or land, shall have given notice of such his intention in writing to the owner of any goats, pigs, dogs, poultry, or rabbits, so tres- passing, or sliall previously have advertised twice in any two or more of the public newspapers of the said Provincc, such his intention to destroy all goats, pigs, dogs, poultry, or rabbits found trespassing 0x1 such garden or etlclosed land, as aforesaid.

Form of security to

23. If tlie sum pilyable for damages, rates, fees, and charges, be not paid forthwith, the same sliall be secured to the poundlreeper	poundkeeper on
releasing cattle.
by an undertaking i11 writing, in the form, or to the effect mentioned,
in the Schedule hereto marked E, signed by the owner of the ini- pounded cattle, or his figent, overseer, or bailiff, and the sum men- tio!:ed in evel-v such sccurity or uridertaking shall be paid a t the time and placE tllert~in mentioned, without any further notice or tiemrznd for such purpose; and upon failure of such payment, the alilount or sum secured by snch security or undertaking may be rc.corered by sunlnmry pilocess of distress and sale of the goods of the omncr of the cattle so iinpoui~ded, to be issued by any Justicc of the P(:;xcc (mllicli process sucll Justice is hereby authorized and rccluiretl to issue) upon tllc prod~lctiou before such Justice of such sec~wity or undertnkii~g, and upon the oat11 of the poundkeeper that tile sum secured by such security or uadertakiug is still due and ui~satisficd.

24. The ltccper of every puldic pound, wllenevcr and so soon as	Poundkccpcr to post
notice at the pound

ally c~ttlc: sh:111 be in~poulichd tl~crein slrall post a written notice all cattle under hie

oil :t bo:arti on solile corrspicuous part of the said pound, scttitig forth	charge.
n descrivtiou of such cattle mid such notice shall remain so ~ o s t e d
11ntil &l1 cattle sllall have been released or otl~erwisc disposed of
nccordiilg to the provisions of this Act; and every pouudlreeper, who
s l d 11c.glec.t to post such notice or to keep tlle same so posted as ahrcsaid, s l d for every sucll neglect forfeit and pay a fine not exceeding Two Pounds.

2 5. If m y ilnponncled cattle s l d l not be claimed by the owner Poultdkeepers to give notice to owners of

thereof, or sonic one on his behalf, within twe~ty-four hours af- cattle impounded.

ter the same shnll have been impounded, the keeper of the poulld A, 4ty 4' r g x -

s l d, aitllin forty-r&$t hours, give or cause to be givcn notice in

writing to such on-ncr, if he be lcnown to him and shall reside (; c h ? (;i H .-J

within ten miles of tlie &id Gound, or tn his ogeoToverseer, or ,/' 4 * q > f-,

1

bailiff, if tile said owner shall reside a t a greater distance and A' - 2 )ly A l l - - -

have n known agent, overseer, or bailiff, residing within ten miles , A , . , .( , ; -

of tlie snid po~~iid, which notice sllall contain the'same particulars P

as are required to he given to the poundkeeper by the person 6 .sdL 2.5;' .'; ..

impo~zndin,rr	such cattle; and shnll also contain notick of the time
a i d place gf	t11c sslc of the said cattle if ilot sooner released from

the said ponnt3, and shall also state the sun1 for wl~ich the same

were impo~~nclcd; and the said notice sl~all, within the distance aforesaid, be dclivcred xxsonally to the snid owner, agent, overseer, or bailiff, or be lcft for 11m1 l-7- at 11s usual or last lrnown place of abode in the said Province; a i d if the said owner, agent, overseer, or bailiff, be

knowri

known and shdl reside at a greater distance than ten miles from the mid pund, then tbe said poundkeeper shall send the like notice ad- dreseed to theowner, agent, overseer, or bailiff, bythe earliest post nfter tbe expirati~n of twwty-four hours from the time of impounding;

arrd if neither awner, agent, averseer, or bailie be known to the said

undkeeper, then he shall cause the notice in the form of the Schedule Ereto marked F to be inserted in the Government Gazstte, which shall be published next after the expiration of the said twenty-four hours in which it shall be possible to cause the same to be in- serted; and every poundkeeper is hereby required to keep a file af the Government Gazette, a copy of which shall in each week be furnished to him by the Government Printer; and s~zeh copy of the Gazette may be inspected by any person, during the hours from SW- rise to sunset, free of charge: Provided always that when the cattle impouuded under the provisions of this Act shall consist of sljeep, goats, swine, or calves, and be not more than two in number, it r;hall not be necessary to give any other notice of such impound-

ing than the affixing: of notice thereof on the pound in the manner

h&einbefore directed; and if m y poundkeepe; shall, yithout sufi-

cient excuse, the mf whereof shall rest on the &keeper,

iE5orrectly or in an insufficient manner describe such impoundect

caft?le, in any noticeor advertisement required by this Act, such

oundkeeper shall forfeit and pay a fine of not more than Ten Founds; and if any poondkcepcr shdl G r r o r incorrectly describe any cattle, the same shall be re-advertised, and nfter such re-adver- tisement shall be kept tlw. full time in pound, as hereinafter provided, and any additional costs for advertising, fees, xud maintenance arising from such error, shall be paid by the pouudkeeper.

Every poundkeeper may charge, for delivering or sending such last-mentioned notice, and causing the same to be posted m the Post Office and inserted in the Government Gazette, the sum of One Shilling; and may also charge for personal delivery, by him- self or by a person to be empldyed by him for that purpose, of such notice, the sum of Sixpence er mile for every mile of the distance of the place at which suc 1 notice shall be served from

26.

POundkeepertOchwe for service of notice.

impounded: Provided always, that when the owner, agent, over- the pound wherein the cattle to which such notice relates are

seer, or bailiff of any impounded cattle, shall reside at a greater

&distance fiom such pound than the nearest Post Office through which any notice may be conveyed to him, the poundkeeper may charge for putting such notice into such Post Office $ixpence per mile for every mile of the distance of such Post Office from the pound to which such notice shall relate, and m

. more.

Pound fees and	27.	The keeper of every pound, not situate within the boundary of a
ohargee how to be

recounted for.	Municipal Corporation or District Council, shall duly and faithfully, on
the last day of every month render an account to the Treasurer of all
fees received by him, and of all unclaimed woceeds of the sale of ,cattle; and also shall then pay over to the kreasurer, for disposal

by

by him, as hereinafter mentioned, so much of the prameds af the sales af cattle as shall have remained in his hands one month. without being claimed by the owner; and every poundkeeper whose pound shall be situate within the boundary of s Municipal Corporation or District Council, shall, on the last day of every month, duly and faithfully account to such Municipal Corporation or District Council for all fees received by him rand for all un- claimed proceeds of the sale of cattle; and shall, on the last day of every month, pay over to such Municipal Corporation or District Council so much of the proceeds of the sales of cattle as shall have remained in his hands one month without having been claimed by the owner of such cattle; and such Municipal Corpomhn OZ District Cauncil shall retain all proceeds of the sales of cattle, for the period of two years, for the use of the respective owners of such cattle, and shall pay over the same to such owners on the order of a Justice of the Peace, to, or to the order of, the respective owners of such cattle, and after such period of two years, in case the same shaI1 not have been paid over, shall apply the same proceeds in aid of the funds of such Municipal Corporation or District Council.

28. If the owner of any cattle impounded shall release the same AB to release of cattle

upon payiizent to the keeper of the pound of the sum of money for impounded ment of the on sum pay- of

which the said cattle were impounded, the said poundkeeper shall money or amount of

pay such money to the party who impounded the said cattle, on his damages claimed.

demand thereof and every poundkeeper who sliall fail to do so shall

incur a penalty ro; every such offence not exceeding Five Pounds.

29. If any poundkceper shall receive any greater sum thau he Penal@ on pound-

fail duly to accormt for and pay any sum of money as by this Act to take, or neglecting

is authorized to receive, under the provisions of this Act, or shall ~~~;,"$~;~;ed

directed, he shall incur n penalty for every such offence not exceed- to awO"nt*

ing Five Pounds.

30. If any impounded cattle shall not be released from the pound poundkeeper Proceeding of respect- the

within seven days after notice, ss hereby required, or within twenty- ,	g	u,,w,,d
the Post Office, or inserted in the Government Gazette, as the case

one days after such notice shall have been dispatched through orto to sale.

may require, which periods of seven days and twentyone days respectively, shall be reckoned exclusive of the day upon which the notice shall have been delivered or dispatched, or inserted as aforesaid, the poundlreeper shall apply to a Justice of the Peace, not being a party interested in the matter, fo an order for the sale of the said cattle, and the said pou~dkeepw shall, at the timo of such application, produce and show to such Justice the pwnd book kept by him as by this Act directed, or an extract of eo much thereof as may apply to the case, and shall produce on oath euch other proofs as such Justice may require, that he llaa complied with the terms and provisions of this Act; and thereupon lsuch Justice shall, if he be satisfied that such terns and provisions have been complied with, make an order under his hand authorizing the sale of the said cattle an the day whereof notice shall have been

L	gives
3 1

given ss aforesaid-; or otherwise shall direct such acts to be done as may have been omitted, and shall thereupon suspend the order for such sale until a future day to be ap ointed by him, until such terms and

provisions shall have been comp ed with; notice of which suspension Pi	and future time of sale shall be given by the said poundkeeper to the
owner of the a i d cattle, or his agent, overseer, or bailiff, personally or at his usual or last known place of abode, in the said Province, or through the Post m c e, or bp insertion in the Government Gazette, as the case may require, and in the same manner as by this Act provided for giving the original notice: and if any such delay and suspenlvion of sale shall have become necessary in consequence of
the neglect of the poundkeeper, the costa of all proceedings and
notices thereby incurred, ss well as of the ft~ture feeding and maintaining of the said cattle, shall be borne by the pound- keeper.

Time and mode of

sale of impounded	31. A11 sales of impounded cattle shall take place not less than cases where notice of impounding shall have been given to the owner, or his agent, overseer, or bailiff personally, or by leaving the same at his usual or last known place of abode in the said Pro- vince; and in all other cases, not less than twenty4four clear days after such notice shall have been dispatched through the Yost Ofice, or inserted in the Gowrnmmt Gazette, and all such sales shall. take
wttle, and who map	ten clear days after such cattle shall have been impounded, in all
not p u r c ~ a e.

&gF&	(%;-S	place at the public ljound where the said cattle shall have been impounded, and shall commence at the hour of noon, aud not more than ten head of sheep, or goats, or five pigs, or more than one animal of any other description, shall be put up in one lot, and for all the purposes of this Act, a suckling, under six months old, with its mother shall be considered as one animal, and neither the person who impounded the said cattle; nor the keeper of the said pound, nor his servant, nor his surety, nor the Justice of the Peace who made the
person

person d u b licensed as an auctioneer for that purpoae by the Gover- nor: Provided nevertheless that it shall be lawful for the Governor, from time to time to revoke any such licence.

shall be bound to prove that such sale was regular, or that the terms d e. 33. No purchaser of cattle sold under the provisions of this Act E$:?&$$;$

and conditions required by this Act were complied with, or be

affected by any default or irregularity in respect of such sale.

34. I t shall be lawful for every poundkeeper to receive the price A e to the application

of money arising from

of any cattle impounded, which shall be sold under and by vlrtue e of cattle im-

of this Act, and to apply the same first, in payment to the licenced pounded-

auctioneer, not being a poundkeeper, of a colun~ission of five per L1& 437s X z--

cent. on the gross amout realized; secondly, in payment to himself of all lawful fees and chatges; thirdly, in payment of the sum due to the party at whose instance the same were impounded, and the residue he shall pay over to the owner of the cattle sold, where he is known, or to his krtown agent, overseer, qr bailiff upon the same being demanded; and if the owner of the cattle sold shall be unknown and have no known agent, overseer, or bailie, the keeper of every pound, not being within the boundary of a Municipal Corpora- tion or District Council, shall within one calendar month after the sale pay the amount into the hands of the Treasurer, in trust for the p a ~ t y entitled thereto, and the receipt of the Treasurer shall be R legal discharge to the said poundkeeper for the amount specified therein: Provided that, at m y time within two years next after the said money shall have been so paid into the hands of the Treasurer, it shall be lawful for any Justice of the Peace, on proof of ownership to his satisfaction, to make an order authorizing payment of the said money to the party entitled thereto, and the said Treasurer shall make payment accordingly, and shall be by such order indemnified against all adverse claims in respect to the said money; and in case no claim to the same shall be duly made within two years next after the said money shall have been so paid into the hands of the Treasurer, the same may be applied to

the public uses of the said Province, and to the support of the Government thereof.

35. Every poundkeeper, whose pound shall be situate within tlie kmlication of 8 2 1 ~ s

limits of any Municipal Corporatiou or nistrict Council, shall pay proceeds pound situate of sale, within W ere 8

over to such Municipal Corporation or District Council all moneys district.

directed by this Act to be paid to them respectively, and the said	l$w	9 5 S	C	1-
Municipal Corporation or District Council shall hold such moneys for the period of two years for the use of the owner of the ca,ttle by the sale whereof the same shall have been produced, and shall pay over the same in pursuance of any order of a Justice of the Peace, as by this Act authorized, to, or to the order of, the owner of such cattle, and after such period of two years, shall a ply the ration or District Council. same moneys to the general purposes of the said Municipal e orpora-

f20vc1nor~

Corporation, 3funicipa1 or Dis- 36. I t shall be lawful for the Governor, or for any Municipal Cor-

trict Council may	poration or District Council to close any pound, a s against the reccipt
close pound.	of any more cattle; and thc keeper of tlic said pound, slinll, under n penalty of Fifty Pounds, do and perform all the duties of his ofice rc- lating to the hispossl of the cattle impounded itt the date of srreh closing of the pound bei~lg ofkinlly notified to hiin; and upon tllc said pound so becoining empty in course of law, the appoiutnlent of s~zch
Poundluxper shall cease and determine, cxceyt in so far as relates to his liability to render accounts ancl pay owr moneys, as prescribed by this Act: Provided that every such closing of a Pound and in- tended cancelnlent of the appointnmnt of the keeper tllcreof s l d l be duly notified iu the Government Guzetfc prior to or on even date with
the delivery of the notification to the said keeper.
pound rescues or	37. If any person, at any time shall rescue or release, or ntteinpt to release, any cattle lawfUy seized for the purpose of' being inl- pounded, or shall in*jure any poulicl legally constructed, or any lock or bolt belonging thereto, whether any cnttle shall be impounded thereiu or not, or shall coinillit any pound-breach wl~creby my cattle shall escape from any such po~md, cvcry person so offexiding shall, upon conviction of such offence before arly two of Iler Majesty's
bleaches.
Penalty.	Justices of the Peace, forfeit and pay any sum not exceedinq Five Pounds, together with rcasonnble charges ancl expenses, or In clc- fault of payrncnt be committed by sncll Justices, by M-arrmt ulder their l~ands and seals, to the conmon gaol of the said Province,

<I therc to be lrcpt to hard labor for any time not exceeding three calerldar months nor less than fourteen days, unless sucli penalty and costs ,as aforesaid shall be sooner paid, and it sllall be lawfd for tllc said Justices to award the whole or ally portion of such penalty to the owner of such cattle.

Penalt onany bullor	38. If any bullabove the age of one year shall stray at li~rse,	the
entire tome at large.

owner shall be liable to pay a penalty not exceeding Two Pounds, and if any entirc horse above the age of one year shall stray at lwwe P , the ovner slinll be liable to pay a penalty of not more than Flve

Pounds; and such penalties rcspectively shall be incurred and shall

be payable at the suit of any person, in addition to all other sums which, under the provisions of this Act, may become payable for damage by trespass by such bull or entire horse.

Ranger may impound 39, I t shall be lawful for the ranger duly appointed in that behalf

off Crown Lands or <.

i h e i t i t to impound any cattle found trespassmg upon the Waste Lands of the

Crown, or upon any road within any district; and it shall be lawful

r5%4 for any occupier of any fenced land, whether within such district or not, to ilnpozmd anv cnttle found wandering, straying, being fed, al-

p	L++	thong1;ll tailed, or l$ng
diatcly adjacent or fronting to the fcnced land of such occupier; and

on p r t s of the main or district roads imme-

*&J

the owner of such cattle shall pay for each of such cattle, if

impouiided, tlic fccs specified in the Scllcdule hcrcto, marked A,

and also the rates for sustenance speciiied in the Schedule hereto,

marked B, according to the description of such cnttle; and the

same

same cattle, and the money to arise from the sale thereof (if sold), shall reinaiii and be subject to such and the same provisions as are by this Act made applicable to cattle impounded for damage by trespass, and to the rnoaey arisixig from the sale thereof.

40. If any cattle shall be found trespassing upon any unfencedJaud after the expiration of t h e e dws after notice not to trespjss upon any -.."-. such lard by or on beltalf of the owner or occupier thereof shall have been served'qon the owner of such cattle, or lift for him at his usual or last lrnown place of abode in the said Province, or after fourteen cla~s ' notice not to trespasson such land, describing%e sandby th'e

Cattle trespassing

after notice.

numbers of th&e&8ns, or o t lm precise and accurate description, shall

have been inserted in the &ut/~~usfralian Goaom~+t Gazette, tlic owner : !

or oecupier of sucG l a i ~ i ~ E i n y - - d e Z a n f i - n ? l ~ _ v _ e r in re-

spect of such cattle, one-fourth of the same r&e as though the land

upon which such cittle shall be found trespassing was. cnclosed ---

with a fence, and the owner of such unfenced land shaT1 bc autho- rized to reco'ver by action, as and for ordinary damage, by trespass of cattle, one-fourth - - on& of the rate specified in the Schedule bereto mark<d $ accoElGg to the description of cattle trespassing	-	---7
thereon.

41. Any person who shall unlawfully remove or take down any P d t y for own rails, or opening

fence, rail or slip-pannel, or open any gate for tlie purpose of allowing gates, to let cattlc mto

cattle to trespass upon or escape from any enclosed land, shall be fenced lund.

guilty of .z misdemeanor, and bcing convicted thereof ' k- I & P; ~ S ~ L $ /

, slldl be liable to a penalty not exceeding Te - S .2 -.

to inipriso~~inent with hard labor for any period not exceeding three

42. It shall not be lawful for any person to suffer any cattle belonging to him or under his charge to stmy, or be at large, or to strccts of tuxns or

be tetliered or depastured in any street or public place within my vi l l a~cy.

town, village, or district, and any pcrson who shall so offend, shall

incur a penalty not exceeding Two Pounds; and it shall be lawful

for any person to seize arid impound in the nearest pound any such	I
like nianner as cattle impounded when found wandering or straying cattle, there to remain subject to the provisions of this Act, in	a t large upon main or district roads: Provided that this clause
&all not apply to any town or village, which slidl. not have been brought under the operation thereof by Proclamation in the South Australian Government Gazette.

out, nothing in this Act contained shall prevent the driving cuvtoruary lincsof 43. Until public lines of road shall have been defined and marked ~~ti~~~;;;~,.'~;o,l,

of cattle to market or travelling from one part of tlle said 'Oad-

Province to another, along customary lines of road, in the imme-

d& vici ereof: Provided that nothing in this clause shall

a u t h o r i z e z e r s o n to remove or injure any fence.

44. It shall be lawful for anv two Justices of the Peace, not in- : ;E ; , , eo $$ : ; ; : ; ;

M terested

diction in	arising out of the im- matters terested in the matter in dispute, to take cognizance of and decide
pounding of cattle, in in a summary way all complaints and causes of action arising out of causes under Twenty t.
Pounb. e irnpomding of cattle for trespass, or arising out of the trespass

neither the party who:e cattle are impounded i i G 7

impounding the cattle claims any greater amount of

Twenty Pounds, and also in like manner to decide

all questions of damages to qn amount to which any poundkeeper

shall be subject by reason o f-9 11s own neglect or dcfhlt.

f f esceesive damages

claimed, owner may	45. It shall be lawful for any person whose cattle are impounded for any claim which such person may deem excessive, to pay to the poundkeeper the amount of such claim, under protest, in writiug, and within one month from the date of such navnient. to institute proceedings in the nearest Local Court of ~ u f l jurisdiction for the recovery of the amount so paid, or such part thereof as may be deemed excessive; and, in every case of such payment,, the pound- keeper shall forthwith release such cattle.
pay under protest.
As to delivery of cattle

,y,n,ofs, 46. If the owner of any cattle impounded for any claim not

trespass. to be excessive, shall pay to the poundkeeper the sum so claimed, olaimedfordamageby exceeding Twenty Pounds, and which claim such owner shall deem

and also all fees and charges due to such poundliceper in respect of such cattle, and at the same time hand to the poundkeeper a notice stating his intention to prosecute his suit against the poundkecper or the party impounding such cattle, and to abide by and perform the

,. . judgment of any two Justices of the Peace, such poundkeeper shall

firthwith release such cattle, and in case sue11 owner shall cause a summons to be issued and served upon such party or poundkeeper within a reasonable time after releasing such cattle, it shall be lawful for such Justices to direct the poundkeeper or person who impounded the cattle, to return to such owner all sums of money paid by him over and above the lawful rates, fees, and charges due in respect of such cattle.

As t3 order for de-

livery of cattle on 47. If the owner of any cattle impounded for any claim not cx-

recognizance without ceeding Twenty Pounds shall take out a summons in prosecution	payment of damages.	of his suit in a summary way, and enter into a recognizance with one sufficient surety before any Justice of the Peace, in the form
and with the condition set forth in the Sehedule hereto marked G,
it shall be lawful for such Justice to make an order on the pound-
keeper to liberate such cattle, and thereupon such poundkeeper shall, on payment of all fees and charges due to him in respect of such cattle, liberate the same in pursuance of such order.

to for 48. Nothing in this Act contained shall prevent the owner or occu-

compensation for

zespass.	pier of any lands trespassed on by cattle from suing, in the Supreme Court or in a, loca l Court, for compensation for ordinary cjamages, specified in the Schedule hereto, marked B, or varied or allowed as hereinbefore provided, or for special dam? es by the trespass of cattle: Providrd that no action o i suit in t 1 ~ 2 ~ ~ e ---_ court shall belG6ught
to recover special damages by such trespass until seven days next after +.llr notice

notice in writing shall have been delivered to the party complained against personally or left at his usual or last known place of abode h the saidProvince,in which notice shall be expressed the cause of action or complaint, the name and place of abode of the person bringing the same, and the amount of compensation claimed; and it shall be lawful for the party to whom such notice shall be given, at any time within the seven days, to tender arneuds to the party compllainit~g ar to his attorney or agent; and, in case the same is not accepted, to plead such tender in bar to any such action or complaint, and the party com- plained against shall have also such benefit of paying money into Court and of pleading as is given to defendants in personal actions by the, _d, wm, Iv,,

Statute passed in the Fourth year of His late Majesty King William op. 42.

the Fourth, intituled U An Act for the further amendment of the Lam and the better advancement of Justice:" Provided that in actions brought in _any Court t

damages for the trespass of cattle,

except for damages sustained withi

commencement of such actions.

pleaded in bar of any suit, action, or information which shall be A&. 49. A judgment or conviction duly made under this Act may be E;;",;:JuA~$~

commenced, instituted, or prosecuted for the same cause or offence

in any other Court.

50. All fences mentioned in this Act shall consist of ood and ~; ~ $ i ~ e p ~ ~ ~

substantial fences or enclosures; and in every case b r o u g h = e v'

&itice-e Peace, where any dispute shall arise as to the suffi- be 4 i o .

ciency of any fence or enclosure, the question shall be settled by

such Justice?.

5 1. All penalties incurred under this Act, may be recovered by HecOveq pendtieh

summary proceeding, as provided by an Ordinance, No. 6 of 1850,

for regulating summary proceedings before Justices of the Peace.

Except where otherwise provided, a11 penalties recovered under this Act, if incurred within the boundary of any Municipal Corpora-

5 2.

tion or District Council, shall be paid to such Municipal Corporation -

or District Council in aid of the funds of such Municipal Corporation or District Council, as the case may be; and it hall be lawful for every Municipal Corporation or District Council to remit such penalties, in whole or in part, as such Municipal Corporation or District Council may deem expedient; and such penalties as shsllnot be incurred within any such boundary shall be paid to the Treasurer, for the public uses

of the said Province and the support of the Government thereof,

and such last mentioned penalties may be remitted, in whole or in

part, by the Governor, as he may deem expedient.

53. If any person shall be aggrieved by any adjudication, con- *~peda.

viction, or order made in pursuance of this Act, where the sum to be paid on adjudication,,conviction, or order shall exceed the sum of Ten Pounds, he shall be entitled to appeal therefrom in manner and

form

form and on the terms prescribed by the Ordinance No. 6 of

1850.

Commencement. 54. This Act shall take effect from and after the 1st day of

March, 1859.

short title of A C ~. 55. This Act may be cited as The Impoandiug Act of 1858."

SCHEDULE

*

SCHEDULE

!le, other than Sz~cli lings u d e r the age o f six mmzth* K e s for

J + % ~ I I ~ ~ ~ y r d *g

S, d.

For every entire horse above the age of twelve months .. .. .. .. 2 6 ' 1 l h. 5 -

For every mare, gelding, colt, filly, foal, mule, ass, and camel. .. .. .	0 6	&Q	.
For every goat and pig. .. .. .. .. .. .. .. .. .. .. .	1 0
For cvery bull above the age of twelve months. .. .. .. .. .. .	1 0
Vor every ox, cow, steer, heifer, calf, and deer of the first ten. .. .. .	0 6

L 6 C L G C the next tcn .. .. .. .. 0 4

c c < C c the next thirty .. , ,. ,. . 0 3

c( L L L < all others above fifty .. .. 0 2

For every ram, ewe, wether, and lamb, of the first twenty. .. .. .. . 0 2

L + 6 G L L the next thirty 0 If

.. .. .. ..

L & 6 L G' the next fifty 0 1

.. .. .. ..

L < C L L L all others above one hundred .. 0 05

SCIIEDULE B.

Tabk of Rntes fn h rhnryed for t~espass of Cattle, a d f07* the suatennnce thereof u4ilst

i nyound~d, a d no additional daily charye to be made till the expiration oftwenty-

.four hours from the impowzdi~ig of the Cattle, and no charge to be made for the

szistenunce of Suckling Aninaals wzder the age of six nzonths.

Trespass in any qn.

c sed grptri~-

'revnu in unenclOsed ~ m e s p u s in mu z- I o& lmiiTi or any mount to

forest, pas5iT&Zl, paddock 01 ! ~ardell or enclosure be CharRed

~Psr,ril,tiol* Of sattle. &tuhblc, after-gras$, mea ow of grass or whmcc the asop has daily for

Or other uneuclohed / not been rcmoved, or sustenance.

land. 1 I in an\. enclosed nub- -

I I I j lic cemetery. I I

Por erer?. horse, mare, gelding, filly, asR, mule, bull, ox, steer, heifer, cow, cnlf, colt, fod, camel, and deer

for cvery ram, eve, sheep, wether, and

lamb .....................

For every goat ............

For every pig ............

SCHEDULE

Form of Poundkeeper's Book.

PO whom de-

livered or

*rucee& paid.

3y whose order

Whether re-

Date and time. i ' leased or sold. I

Time and mode

of g i d g no-

tice.

Owner or sup-

posed owner.

For what cauae. !

By whom h-

Description of cattle, colors, and brands.	pounded. l
Date and time. I i

F o r m of Recognizance to be entered into by a Poundkeeper, with one or more Sureties.

South Australia, BE IT REMENBERPD, that, on the day of

(to wit. j ) 18 , A B. of , C.D. of , and E. F, of

, came personally before mc, ,

and severally acknowledged themselves to owe to our Sovereign Lady the Queen, to wit, the said A.B. the sam of One Hundred Pounds, and the said C.D. (or the said C.D. and E.F.) the sum of Twenty-five Pounds, to be levied of their respective goods and chattels, lands and tenements, to the use of her Majesty, Her heirs and successors, if the said A.S. shall make default in the performance of the condition hereunder written: Now the condition of this recognizance is such that if the said A.B. shall well and faithfully perforn~ his dnty as poundkeeper, and every act, matter, and thing by him required and directed to be done and performed by virtue and according to the provi- sions of the Impounding Act of 1858, then this recognizance to be void, otherwise to remain in full force.

Taken and acknowledged the day and year above written before me.

I, A.R. (describing thp residence of flre owner of the cattle iwyozwled), hereby prolnise

to pay, within thirty days hereof, to C.D. fth~poundkeeperj at (naming either the

POt~,ld, or place and wsidence of the potlnclkeeper, as may be requbedj, the sum of

(.ecifYi~zg the ficll anzount of poundage, as well as the fees und charges thereon), without any deduction whatsoever; and in default thereof, I consent that the said sum, together with the costs necessarily incurred by such default, shall be levied by distress and sale of my goods and effects whcresoever found.

Dated at :his day of 18 .

(Signed)

A. R.

Or, for A. B., C. I),

Overseer of the said A. R,

SCHEDULE F.

Form of Advertisement in the Government Gazette.

Impounded at (here state the place, describe the cattle, the number and kind

and where and Ibow branded,)

If not claimed, will be sold on

A. B., Poundkeeper.

Where there is no brand, the animals are to be shortly described, stating age, color, and any particular mark.

SCHEDULE

/&W- SCHEDULE G.

Form of Recognizance to abide by JJupnent o f Justices.

Xoufh AustraZia BE XT REMEMBERED, That on the day of , 18

wit.) ] *.B. a f , in the Province of South Australia,

and CB. of , in the aid Province, personally came before

me, Esquire, one of Her Majesty's Justices of the Peacc for the said Province, and acknowledged themselves jointly and severally to owe to our Sovereign Lady the Queen, the sum of Pounds to be levied of their respective goods and chattels, lands and tenements, to the use of Her Majesty, Her heirs and-aucccssors, if the said A.B. shall fail in the condition hereunder written: Whereas the said C.D. bath taken out a summons against, i n prosecution of a certain suit, in a summary way, under the provisions of the Impounding Act of 1858, in respect of the taking and unjustly impounding o f his cattle, to wit (here state the substance as in the summons): Now, thc condition of' this racognizance is such, that if the said A.B. shall duly prosecute such suit with effect and without delay, and make a return of the said cattle, if a re.turn thereof shall bc adjudged, and in all respects abide by and perform the judgment of thc Justices of the Peace before whom such suit shall be heard, then this present recognizance hall bc void; or else shall remain in full force.

A.B.

C.D.

Taken and acknowlcdgcd at

bcforc me,

- - -----p. --

Adelaide. Printed by authority by W. C Cox,