No. II.
An Act to regulate the Impounding of Live Stock.
[20th June, 1865.]
| W H E R E A S | it | is expedient to m a k e be t te r provision | for t h e | Im- |
| p o u n d i n g of Live Stock | Be it therefore enacted by t h e Queen ' s |
Mos t Exce l l en t Majesty by and wi th t h e advice a n d consent of t he Legis la t ive Counci l and Legis la t ive Assembly of New South "Wales in P a r l i a m e n t assembled a n d by t h e au thor i ty of t h e same as follows :—
| 1. | The A c t | n ine t een th | Vic tor ia | n u m b e r | th i r ty-s ix | be ing | t h e |
| Sessions. | " O c c u p a n t " |
| " I m p o u n d i n g | A c t | of | 1 8 5 5 " is hereby | repealed. |
| 2. F o r t he purposes of th i s A c t t he following t e rms in | inver ted |
| commas shall unless t h e context otherwise indicate bear t h e | m e a n i n g s |
| set agains t t h e m | respect ively— |
| " C a t t l e " — B u l l s | cows oxen | heifers | steers a n d | calves. |
| " H o r s e s " — H o r s e s | marcs | geldings | colts and fillies asses | mules |
| " S h e e p " — H a m s | ewes | we thers | a n d | l ambs . |
| " A n i m a l " — C a t t l e | horses sheep goats and | swine | w h e t h e r | one |
| " P o u n d k e e p e r " — A n y | person hav ing | the | author ized | charge | of |
any publ ic pound .
"Sufficient f ence"—Such a fence or other means of enclosure n a t u r a l or artificial as t h e P e t t y Sessions shal l deem to be sufficient to p reven t t respass by animals ordinar i ly control lable .
| " J u s t i c e " — A n y | Jus t i ce | of | the | Peace . |
| " P e t t y | Sess ions"—The | Jus t i ces assembled a t a Cour t | of | P e t t y |
| " O c c u p a n t " — A n y | holder or occupier of | l and u n d e r | whatever |
t e n u r e or a n y super in tenden t overseer or o ther duly au thor ized person ac t ing for and on behalf of any such occupant .
| " O w n e r " — A n y | propr ie tor of an imals or any agen t or | overseer |
of any such propr ie tor .
| " M i n i s t e r " — T h e | Min i s te r | for | t h e | t ime | being | admin is te r ing |
| 3 . | The Min i s te r | m a y | on t h e | recommendat ion of t h e Cour t of |
| P e t t y Sessions of any Dis t r ic t by notice in t h e Gazette | fix | upon | a n d |
| de te rmine | convenient | places in | such Dis t r ic ts for es tabl ishing publ ic |
| pounds . |
4. To every such p o u n d t he r e shall be a poundkeeper who shal l be appoin ted by the major i ty of t h e Jus t i ces assembled in t h e Cour t of P e t t y Sessions assembled for t h a t purpose neares t to t h e said p o u n d A n d every poundkeeper before ac t ing u n d e r such appo in tmen t shall enter in to a bond to H e r Majesty wi th sufficient sureties in such a m o u n t as m a y be deemed reasonable by such Jus t i ces t h a t he shall well and t r u l y perform t h e dut ies of such poundkeeper a n d account for a n d pay over all moneys received by h i m in such capacity as by
5. The Min i s te r may by not ice in t he Gazette fix some one day
in every week on which sales of impounded animals m a y t ake place
a t noon a t every pound in t h e Colony A n d every such sale shall t ake
| place on such day only unless i t be Good F r i d a y Chr is tmas D a y | or |
| any Pub l i c Hol iday and t h e n on t h e nex t business day not be ing | such. |
| 6. Eve ry poundkeeper shall be supplied by t h e Governmen t w i t h a copy of th is A c t and also w i t h a pound book in such form | as |
| shal l be de te rmined by t h e Min is te r bo th which | and | also | al l | p r in t ed |
| ins t ruc t ions from | t ime to t ime t r ansmi t t ed | to | such | poundkeeper | h e |
| shal l keep at his p o u n d | A n d he shall en te r legibly in wr i t ing in | such |
| book | t h e | pa r t i cu la r s | of | all | m a t t e r s | referred | to | the re in | u n d e r | the i r |
| p roper heads | a t | t h e | t i m e | of | such | m a t t e r s occur r ing | or be ing | done |
| respectively or as soon thereaf ter as possible | A n d the said pound book |
a n d such ins t ruc t ions shall once in every m o n t h be p roduced to the P e t t y Sessions and wi th th i s A c t be open a t t he pound a t a l l reasonable t imes to any J u s t i c e or Police Officer or t o any person author ized in t h a t behalf by t h e Min i s te r free of charge and to any other person on p a y m e n t of s ixpence a n d t h e poundkeeper shall supply ex t rac t s the re
| from signed by himself a t t he r a t e of one shil l ing for one | h u n d r e d |
| words or less a n d sixpence for all addi t ional words no t above one |
h u n d r e d A n d every poundkeeper shall a t the t ime of his ceasing to hold such office deliver u p such pound book A c t and ins t ruc t ions to
| t h e | P e t t y | Sessions. |
7. Eve ry poundkeeper shal l also keep a book in which he shall
| from time to t i m e en te r t h e | descriptions | of all s t ray an imals coming |
| u n d e r his observat ion wi th | t h e | names | a n d | addresses of the i r Owners |
| if | known | to h i m | a n d such o ther pa r t i cu la r s as m a y | lead to | t h e |
recovery of t h e m b y the i r propr ie tors a n d such book shall a t a l l reasonable hour s be open to t he inspect ion of any person on p a y m e n t of a fee of one shil l ing.
8. E v e r y poundkeeper shall a t h is Own cost keep the pound to which he is appoin ted clean a n d in good repai r and shall supply t h e an imals impounded the re in wi th sufficient and wholesome food a n d wa te r hav ing regard to the capabili t ies of t h e district and the c i r cum stances of t h e season—the charges for such care and sus tenance to be fixed for each p o u n d from t i m e to t i m e by t h e majori ty of Ju s t i ce s assembled for t h a t purpose in the Cour t of Pe t ty Sessions and publ i shed in t he Gazette—and the poundkeeper may send such an ima l s out of
his
his pound at fit t imes and to fit places for graz ing or wa te r ing Provided t h a t every poundkeeper shall be responsible to t he owner of a n y impounded animals for every loss or damage occasioned by any wilful ac t or neglect of himself or his servants .
9. Every poundkeeper m a y demand and re ta in for h is own use for all animals impounded the following fees—For t h e first or only head of goats or swine sixpence and for every addi t ional head thereof not exceeding t e n impounded at t h e same t ime and by t h e same person three-pence and for every addi t ional head so impounded one penny—for t h e first or only head of ca t t le s ixpence and for every addi t ional head no t exceeding ten three-pence a n d for every addi t ional head so impounded one penny—for t he first or only horse one shil l ing a n d for every addi t ional horse not exceeding t en so impounded six pence and for every addi t ional head th ree -pence—and for t h e first or only sheep three-pence and for every addi t ional sheep no t exceeding t en one p e n n y a n d for every addi t ional sheep exceeding ten one far th ing.
10. Eve ry poundkeeper shall keep on or near to some con spicuous pa r t of t he pound a board conta in ing in legible whi t e le t ters on a b lack g round a table of all fees a n d charges which he is au tho rized to demand unde r th i s A c t and all ra tes of damage fixed by the first Schedule here to A n d if he tail to keep such board in proper repa i r or neglect to m a k e necessary a l tera t ions there in wi th in a reasonable t ime or allow any false s ta tement to be thereon he shall be liable for every day of such offending to a pena l ty n o t exceeding five pounds .
1 1 . A n y occupant impound ing any animals in t h e publ ic pound
may charge and receive for t h e m respectively to his own use t he ra tes of damage fixed by such first Schedule a n d rates pe r mile for dr iv ing t h e m according to t h e scale fixed in t h e second Schedule here to as well as all tolls or ferry dues incur red in such dr iving.
12. I n every case in which t h e same an imal shall be found t respassing on the same land more t h a n once and any such t respass shal l t ake place wi th in twenty-one days after a preceding one such trespass t he r e shal l be charged for t h e second and every other such t respass twice t h e r a t e of damage author ized by t h e first Schedule toge ther with dr iv ing fees as by t h e second Schedule as well as all tolls or ferry dues incur red in such driving.
| 13 . W i t h i n | twenty-four hours | after | t h e | i m p o u n d i n g | of | any |
| animals t h e poundkeeper shall post a wr i t t en notice on t h e ga te or on |
| some other conspicuous p a r t of t h e pound set t ing forth | a | descript ion |
of such animals wi th the i r b rands and m a r k s and such not ice shall r e m a i n so posted un t i l such animals shall have been claimed or other wise disposed of according to this Ac t A n d every poundkeeper who shall neglect to post such not ice or keep the same so posted shal l for every day of such neglect be liable to a pena l ty not exceeding forty shil l ings.
14. W h e n any cat t le horses or sheep impounded in a publ ic p o u n d shall no t be immedia te ly claimed by t h e owner or some one on his behalf t h e poundkeeper shall w i th in twenty-four hours thereafter send a not ice to t he owner if k n o w n a n d res iding wi th in
| t en miles of t h e pound and if | res iding a t a grea ter dis tance t h e n by a |
| registered le t ter t h r o u g h the genera l pos t—such | not ice | to | conta in | a |
| descript ion of such an imals w i th the i r | b rands | and | m a r k s — t h e | place |
from which t hey are impounded and by w h o m — t h e da te of t he i r impound ing—a s ta tement of t he t ime and place of the i r in tended sale if no t duly released and the sum which shal l a t t h e da te of such notice be lawfully chargeable on t h e same Provided t h a t every owner residing wi th in t e n miles of a pound m a y ins t ruc t t h e pound- keeper in wr i t ing by which of such modes such not ice shal l be sent
a n d
a n d t h e poundkeeper shal l act a c c o r d i n g l y . Provided also t h a t when the poundkeeper knows t h e owner of any impounded goats or swine res iding wi th in th ree miles of t h e pound he shal l for thwith send h im notice of t h e impound ing .
15 . I f t h e owner of any animals be no t k n o w n the poundkeepe r
shall wi th in twenty-four hours after t he impound ing post a l ike not ice a t t h e nea res t Cour t of P e t t y Sessions if w i th in twenty-five miles of
| t h e place of i m p o u n d i n g and if no t | t h e n | wi th | reasonable | speed | a n d |
| shal l w i t h all possible dispatch inser t t he same in | t h e | Gazette | a n d | a |
16. Eve ry poundkeeper shall demand a n d receive for every not ice duly sent by post one shi l l ing and if sent otherwise a t t h e ra te of s ixpence per mi le of such distance t ravel led in proceeding to t h e residence of such owner w i t h t he ac tua l costs of inse r t ing any not ice in t h e
| Gazette | and local newspaper | Provided t h a t one not ice only shall be |
| charged | for | any n u m b e r of an imals be longing to t h e same owner a n d |
| impounded | a t t h e | same t i m e Provided | also t h a t every poundkeepe r |
| m a y | de ta in all an imals impounded un t i l all fees | a n d charges | au thor ized |
by th i s A c t shal l be pa id or t endered or u n t i l the i r sale.
| 17. E v e r y | poundkeeper | who shall t ake or demand any s u m for |
a n y t h i n g done b y h i m unde r th i s A c t otherwise t han is hereby au tho r ized—or shal l fail t o pay to t h e occupan t on demand any damages received by h i m from t h e owner of impounded an imals—or shal l fail du ly to provide sus tenance to any such an imals—or shall work any ca t t le or horses impounded—or shall as such poundkeeper con t ra ry to th i s A c t do or neglect a n y t h i n g whereby damage is incur red by t h e Crown or by any person m a y be ordered by any competent Cour t to m a k e compensat ion for such damage and shall also be liable to a
| pena l ty n o t exceeding t e n | pounds . |
| 18 . | The | poundkeeper | no twi th s t and ing | a n y t h i n g | in | th is | Ac t |
| conta ined may wi thou t o ther p re l iminary t h a n an order obtained | from |
a J u s t i c e sell a t t h e n e x t appoin ted day of sale any u n b r a n d e d ca t t le or horses above t h e age of twelve m o n t h s which have been impounded a n d shall pay over two- th i rds of t h e proceeds of t he i r sale to t h e occupant so impound ing .
| 19. | A n y | poundkeeper | m a y u n d e r t h e wr i t t en au thor i ty of any |
| owner of impounded animals sell t h e same a t t h e t h e n n e x t | appoin ted |
| day of sale. |
| 20. Al l sales of impounded animals u n d e r | th i s A c t shall be |
| he ld at noon by auct ion a t t h e publ ic pound by t h e poundkeepe r | w h o |
m a y so sell w i thou t an auct ioneer ' s l icense and no auct ion du ty shal l be paid and before every such sale a sufficient hand-bel l shall be r u n g for fifteen minutes a t t he least Provided t h a t no t more t h a n t e n sheep or goats or five swine shal l be p u t u p in one lot nor more t h a n one horse or one head of ca t t le un less in t he case of a cow wi th he r calf
| or | a | m a r e | wi th he r foal such calf or foal be ing u n d e r six m o n t h s old |
a n d t h e poundkeeper or his su re ty or any J u s t i c e order ing the sale shall if he purchase any an imal sold be liable to a pena l ty n o t
| exceeding | t w e n t y | pounds . |
2 1 . Eve ry poundkeeper shall apply t he proceeds of all sales
of impounded an imals in p a y m e n t first of t h e pound fees of t h e charges for sending notices and for adver t i s ing and for sus tenance all which he m a y keep to h i s own use A n d he shall wi th in t en days
| after t h e end of every m o n t h | furnish | to t h e Clerk of P e t t y | Sessions |
a t r ansc r ip t from t h e p o u n d book for t h e previous m o n t h a n d shal l a t t h e same t ime pay to such Clerk t he r emainder of such proceeds and o the r charges author ized by th i s A c t except ing t respass damages lawfully due to t h e person impound ing if claimed previously to m a k i n g any m o n t h l y p a y m e n t A n d such Clerk on receipt of such t r ansc r ip t
and
a n d moneys shall compare and verify t h e same and cause any error or omission the re in to be rectified by such poundkeeper a n d on being satisfied of thei r accuracy shal l for thwi th forward t h e same w i t h a certificate of such accuracy to t he Colonial Treasurer toge the r wi th such moneys and also all o ther moneys t h e n in his hands ar is ing from penal t ies u n d e r th i s A c t a n d shall affix a copy of such t ranscr ip t
| on some conspicuous pa r t | of t he | Cour t H o u s e for a t least one m o n t h |
| for general information. |
22. A n y occupant upon whose l and any an imals shall t respass may drive or otherwise t ake or send t h e same to t h e publ ic pound neares t by a pract icable road, or h ighway to t h e land where t h e same were t respass ing or if such l and be equidis tant or near ly so from two pounds t h e n to e i ther thereof a n d m a y on any business day be tween sunr ise and sunset deliver t h e m to t h e poundkeeper to be impounded Provided t h a t should t he r e be no poundkeeper a t t h e neares t pound
| t h e n | a t t he neares t p o u n d hav ing a | poundkeeper . |
23. A n y occupant upon whose land any animals are found t respass ing m a y if he know the i r owner temporar i ly i m p o u n d the same in any convenient place on his own premises for a per iod n o t exceeding four days Provided tha t he shall w i th in twenty-four hour s give l ike not ice to such owner as hereinbefore enacted to be given by t h e poundkeeper in t h e case of an imals no t immedia te ly claimed and shall feed and ma in t a in such animals while so impounded a n d m a y a t t h e expi ra t ion of such t ime if no t sooner duly released deliver t h e m to t h e poundkeeper to be impounded in t h e neares t publ ic
| p o u n d | Provided also t h a t he may m a k e a charge for such | feeding |
| and | ma in t a in ing | t h e m | a n d for sending not ice no t exceeding | such | as |
m i g h t by law be m a d e by the neares t poundkeeper b u t shall no t be ent i t led to any compensat ion for damage except for such as was done before t h e t emporary impound ing Provided always t h a t any occupant
| con templa t ing i m p o u n d i n g may deta in an imals | on | his | own | premises |
| for twenty-four hour s pr ior there to . |
| 24. A n y occupan t | m a y send any an imals found t respassing on |
| his l and to any convenient place nea r t h e residence of t h e owner | a n d |
| a t t h e same t i m e m a y demand p a y m e n t of t he damage done | according |
to t h e r a t e fixed by the first Schedule of th i s A c t together w i t h t h e charges for dr iv ing as fixed by t h e second Schedule of th i s A c t a n d the reupon such owner shall pay the same as satisfaction of such t respass or in default thereof t he occupant m a y recover t h e same as a debt in
| t h e neares t competen t Cour t wi th reasonable costs of | suit . |
25. A n y occupant m a y deta in any animals t respass ing on his
| l and and give not ice to the owner thereof of such detent ion | s ta t ing |
where t h e y arc and requ i r ing h i m to remove t h e m a n d m a y demand damages according to t he ra te in t he first Schedule and costs of sending such not ice a n d if no t released wi th in twenty-four hours after such not ice he m a y t u r n a t la rge such an imals a n d m a y recover in a compe ten t Cour t such damages and charges for not ice as a re here inbefore provided to be paid to a poundkeeper for similar service.
26. A n y person duly author ized by t h e Min i s te r by any
Mag i s t r a t e or by any Police Officer in t h a t behalf m a y lodge a n y animals lawfully in possession or custody of such person in any publ ic pound for safe cus tody and m a y remove or author ize t he removal of t h e same a t his discret ion A n d in every such case t h e only charge
m a d e by t h e poundkeeper shall be t h e cost of sus ta in ing such animals according to t h e scale for sus tenance as aforesaid.
27. The occupan t of any lands enclosed by a fence sufficient for cat t le and horses ordinar i ly controllable may destroy any goats or swine found t respassing thereon .
| 28. A n y occupan t | finding | any unb randed cat t le or horses above |
t h e age of two years t respass ing on his land m a y destroy the same.
| 29. W h e r e any cat t le horses or sheep impounded in a | publ ic |
p o u n d shall n o t be duly released wi th in four days after not ice duly served on t h e k n o w n owner thereof—or in case t he owner is n o t k n o w n wi th in fourteen days after such not ice shall have been duly advert ised such per iods respectively be ing reckoned exclusive of t h e day of such service or of t he first adver t i sement thereof—any J u s t i c e
| upon be ing satisfied t h a t t h e poundkeeper has complied wi th | t h e |
provisions of th i s Ac t m a y b y order u n d e r his h a n d author ize t h e sale of such cat t le horses or sheep and such sale m a y t ake place on a sale day to be advert ised A n d any goats or swine impounded m a y be sold on any business day of which not ice shall have been posted on t h e pound not be ing less t h a n th ree days after being impounded .