Impounding Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-

GESIMO NON0

A.D. '1895.

No. 625.

An Act to amend " The Impounding Act of 1858."

[Assented to, December zoth, 1895.1

E it Enacted by the Governor of the Province of South Council and House of Assembly of the said province, in this	B Australia, with the advice and consent of the Legislative
present Parliament assembled, as follows:

l, This Act may be cited as '' The Impounding Act Amendment short title.

Act, 1895."

2, Any Justice of the Peace, after inspecting any cattle impounded Justice may order destruction of dying

in any pound, if, in his opinion, such cattle are in a dying state or &eased cattle

or so weak as not to be likely to recover, niay order such cattle,

if not claimed within twenty-four hours, to be killed, and the carcases

sold or otherwise disposed of; and every such order shall be in

writing, and shall be delivered to the poundkeeper, who shall retain

the samc; and the proceeds of thc sale of any such carcases shall

be applied in the manner directed by sections 34 and 35 of The

Impounding Act of 1858."

3, Section 11 of The Impounding Act of 1858 " is hereby Amendment of aectiou 1 l and Schedule A of

amended by striking out all the words from the beginning down to I mpounding A C ~.

and including not" in the sixth line, and inserting in lieu thereof

the following-" It shall be lawful for the Governor, by notice in the Gouemment Gazette, so far as concerns any pound not within the boundaries of any Municipal Corporation or District Council, and for cvery Municipal Corporation and District Council, so far as concerns every pound."

626 4. 8chedule

58" & 59' VICTChRIAi,, No. 625.

Amendment of

Bchedule A of' 4. Schedule A of the said Act is amended by inserting the

Impounding ~ o t.	word '' daily " before	fees for poundage."
Notioe under provieo"

to me. 31 need not be	5. The notice to be given pursuant to the proviso to section 31 of The Impounding Act of 1858 " need not be gazet ted or adver- tised unless so required by the order made pursuant to the said section.
advertid.
Justice ma order

umld cattle to be 6. If any impounded cattle offered for sale shall not be sold, it

destroyed.	shall be lawful for a Justice of thc Peace to certify that he does not consider such cattle of sufficient value to pay the cost of further maintaining the same, and to order that such cattle shall forthwith
be destroyed.
Poundkeeper may
mover feee asd	7, If any impounded cattle offered for sale shall not be sold, or lawful fees and charges, the poundkeeper may recover such fees and charges, or the portion thereof that shall remain unpaid, from the owner of the cattle by action in any Court of competent juris- diction, or in a summary manner before any Justice of the Peace
charges from owner	if the sale of such cattle shall not realise a sufficient sum to pay the
of cattle.
under any Act for the -time being in force regulating summary
proceedings before Justices: Provided that it shall be a sufficient defence to any such action if i t be shown that notice has not been given by the poundkeeper to the owner, pursuant to section 25 of

The Impounding Act of 1858."

Power corporations 8. The council of any municipality under " The Municipal Cor-

to license auctioneers. poritions Act of 1890 " shall, as to any pound within the municipality,

have all the powers mentioned in section 32 of "The Impounding Act of 1858 " as to licensing or revoking thc licence of any person as an auctioneer for selling impounded cattle, and any person so licensed shall, during the continuance of the licence, have the same power to sell any such cattle as a person licensed by the Governor,

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. FOWEL'L BUXTON, Governor.

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Adelaide : By authority, C. E. BRI~~TOW, Go~ernment Printer, North-terrace.