Impounding Act Amendment Act of 1879 No 19a (NSW)

2. I n case t he owner of any an imal impounded shall d ispute
t he damages c la imed or t he impound ing as no t be ing in accordance
wi th the provisions of t he Pr incipal Ac t or if t he owner of any ent ire horse

No. XXIII.

An Act to amend the " I m p o u n d i n g Act of

1865." [28th May, 1879.]

Majesty by and wi th the advice and consent of t he Legis la t ive Council	W H E R E A S 1 8 6 5 " Re it therefore enacted by the Queen 's Most Exce l len t
and Legislative Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as fol lows:—

it is desirable to amend the " I m p o u n d i n g Ac t of

1. This Ac t m a y be cited as t he " I m p o u n d i n g A c t A m e n d m e n t

Ac t of 1879" t h e t e rm " Pr inc ipa l A c t " shall m e a n the " I m p o u n d i n g Ac t of 1 8 6 5 " and the word " damages" whensoever used or appear ing in this Ac t shall unless t he contex t otherwise indicate be t a k e n to signify or include rates for dr iving tolls ferry dues or other charges authorized by the Pr incipal Act .

horse or hu l l impounded and for which special damages are claimed under t h e thirty-first section of t he said A c t shall dispute t h a t any such damages did or could accrue from t h e trespass of such ent ire horse or bul l he m a y in any such case m a k e his complaint in m a n n e r hereinaf ter provided and may ei ther allow the an imal to r emain in the pound or pay to t he poundkeeper t he pound fees and charges demand- able by h i m as well as the damages claimed (if any) and release the an imal and in e i ther case shall give the poundkeeper notice in wr i t ing of his in ten t ion to complain and upon receipt of such notice the poundkeeper shall no t pay over any such damages (if any) b u t keep the same in his possession un t i l t h e decision of t h e Jus t i ces shall be made

known to h i m in manne r or un t i l t h e expira t ion of the t ime	hereinafter
ment ioned.

3. The owner aforesaid m a y m a k e his complaint in wr i t ing wi th in fourteen days of t he date of t h e said not ice to any Jus t i ce of t h e Peace who shall the reupon issue a summons to t he impounder to appear before two or more Jus t ices a t the Cour t of P e t t y Sessions neares t to t h e pound where t h e an imal shal l have been impounded and the Jus t ices t h e n assembled shall summar i ly hear and de te rmine such compla in t and if it shall appear to t h e m t h a t t h e damages if any claimed are or t h e impound ing was cont rary to t h e provisions of t he Pr inc ipa l A c t or if special damages have been claimed under t h e thir ty-f irs t section of t he said A c t for t h e trespass of an ent i re horse or bul l t h a t no such damages did or could accrue therefrom they shall adjudge accordingly and may make such order for costs and expenses which shall include any pound fees which the owner has paid or will have to pay as t hey shall t h i n k fit and shall issue an order to the poundkeeper for t h e release of t he an imal impounded on p a y m e n t by t h e owner of t h e pound fees a n d charges due u p to t he day of release or for t h e r e t u r n of any damages which m a y have been paid to h i m as t h e case m a y be Provided tha t no th ing in th is A c t contained shall he

t a k e n to give jur isdict ion to any	Jus t i ces in any m a t t e r where t he	t i t le
to land is in question.

4. I f on t h e h e a r i n g of any compla in t as aforesaid t he Jus t i ces

shal l dismiss t h e same they shal l deliver a m i n u t e of such dismissal to t he impounder on receipt of which m i n u t e by t h e poundkeeper if t h e an imal impounded shall have been left in t he pound he shall t ake t he same course in regard to t h e detent ion of t h e an imal and its sale as if the animal had been re ta ined under ordinary circumstances except t h a t i t shal l no t be released un t i l p a y m e n t shall have been made of t he

pound fees and charges due u p to the day of release b u t if t h e an imal	shall have been released the poundkeeper shall pay over to t he im­
pounder any damages which h e may have received and the Jus t ices
m a y m a k e such order for costs and expenses as they shall t h i n k fit.
5. I f after a wr i t t en not ice of in tent ion to complain as herein­ before provided has been given to any poundkeeper he shall no t have received a n order or m i n u t e as aforesaid wi th in one m o n t h from t h e date of such not ice he shall ac t and proceed in regard to t he an imal impounded or t h e damages if any paid to h i m as if no such notice had been given to h im.
6. The l iabil i ty of t h e owner of any ent i re horse or b u l l to pay damages unde r t he thir ty-first section of t he Pr inc ipa l A c t shall no t be incurred if t h e land trespassed upon was no t enclosed by a sufficient fence a t t he t ime of trespass.
7. A n y poundkeeper or o ther person wilfully doing any act or t h i n g contrary to t he provisions of this or t he Pr inc ipa l A c t or wilfully neglec t ing to comply wi th any r equ i r emen t or condi t ion of t he said Ac t s for which no other pun i shmen t is provided shall in each case be liable to a pena l ty not exceeding five pounds.

8. A n y person unlawful ly and wilfully leaving open any gate or sl ip-panel or m a k i n g any gap in any fence thereby permi t t ing or caus ing any an imal to trespass or otherwise wilfully causing any an imal to trespass or who shall i l legally i m p o u n d any cat t le or shall drive any

cat t le wi thou t proper au tho r i t y on or from t h e land of any o ther person

shal l i n each case be l iable to a pena l ty no t exceeding five pounds.

9. A n y person impounding any an imal shall in wr i t ing inform

t h e poundkeeper of the place where t h e an imal was t respassing w h e n seized for impound ing t h e k ind of fence (if any) round i t t h e crop (if any) upon i t t h e a m o u n t of trespass a n d o ther charges claimed by h i m on such an imal and the n a m e and address if k n o w n to t h e impounder of t he owner or supposed owner of such an imal and failing to do so or wilfully m a k i n g any miss ta tement thereof shall in any such respect be liable to a penal ty not exceeding five pounds .

10. The owner of any an imal which shal l have been seized for trespass or any person in his behalf any t ime before t he an imal shall have been placed in a pound or otherwise disposed of in accordance wi th t h e Pr inc ipa l A c t may release t h e same by pay ing t h e damages lawfully chargeable u p to t he t ime of release which damages the person in charge of t he an imal shall m a k e k n o w n on demand and on his failing to do so or to give u p t h e an imal on tender of t he damages s tated to be claimed h e shall be liable to a pena l ty no t exceeding five pounds.

1 1 . A n y costs and expenses awarded under sections th ree and

four of th is A c t shall be recoverable by distress and sale of t he goods and chat te ls of the person ordered to pay the same and in default of sufficient distress he shall be liable to impr i sonment wi th or w i thou t h a r d labour for any t ime not exceeding one m o n t h unless such costs and expenses shall be sooner paid.
12. N o poundkeeper or person authorized b y h i m shall impound
a n y an imal in t h e pound of which he is t he keeper unless t h e same

was t respassing upon land occupied b y h im unde r a penal ty not

exceeding t w e n t y pounds.

13 . N o charge for t he sustenance of animals which shall have been impounded shall be demanded by t h e poundkeeper for t he day on which t h e same were so impounded unless such animals shall have been impounded and fed and watered or sent out to pas ture before th ree p .m. of t h a t day nor shall such charge be payable for t he day on which the animals are released if t h e same are released before n ine a.m. of t h a t day.

14. The Minis te r may appoint Inspectors of pounds wi thou t

salary who shall subject to his ins t ruct ions have t h e supervision and
control of pounds and poundkeepers as may from t ime to t ime by
not ice in t h e Gazette be commit ted to the i r charge and such Inspectors m a y en te r a t a n y t ime on any land to inspect any animals impounded or detained for t h e purpose of be ing impounded a n d any person refusing to allow an Inspec tor to en te r as aforesaid or h inder ing or impeding h i m in t h e execut ion of his du ty shall be l iable to a pena l ty not exceeding t en pounds.
15 . If t he occupant of any land hav ing an insufficient dividing fence fails to m a k e or repair his share thereof and the occupant of t he adjoining land has erected or k e p t in repair his port ion such last- ment ioned land shall be deemed to have a sufficient fence as agains t t h e trespass thereon of any an imal of which the first-mentioned occupant is t he owner.

16. Eve ry penal ty under this or t he Pr inc ipa l Ac t not otherwise provided for m a y be imposed and recovered in a s u m m a r y way by and before two or more Jus t ices of t h e Peace .

No . X X I V .