Impounding of Cattle Act 1840 (SA)

AN ACT to suthorise and regulate the Impounding of Cattle.

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W H E R E A S it is expdent to make provision for the crectioa of pounds

for replating the impounding of cattle and for prsent ing the vesarious

- Smpoundirig tl~ereof-

S r r TirEnmons EXACTED by His Exccllcney Lieutenant-Colonel G e o n o ~

A W m l Knight of the Ropl Hmoverian Guelphic Ordcr Governor and Con-

in-Chief of the Province of South Austra!in by and with the advica a d

of the Legislative Council thereof as follow^ that is to say-

T ~ A T from and &er the first day of BIay nest this pwsent Act shall

encc and take erect. .

11. That it &all and may be lanful for thc Justices a t any meeting of the

p r p e of whi& due notice slid1 ' h v c bccn oivcn for any district within the

proT.inec or the major plri of thrm S I ~ I ~ L ' C ~ t0 the s~rp ro \ l l of lIis EX-

rpilenc). t?,e Govrrnor to appoint one or more coor~n i~x i t lilccc or places ad-

mipcd

joining to s3nlo highsay for citnblisllinr and r C t a public pound

or pounds fix the said district and dso a fit and p r q c r prrron to bc the

of any sllel pound at suell rcsonab!~ and suflieicat anlnrg as IIis Xsee%ncg

the Ciovcrl~or may bo plcaszd from time to time to appoint and for the grentcr eon- rmiencc of resort thereto to cause m y such p0~11d to rcmored to and crccted

jo any other plnm and also from timz to timc to disphac and rumorr t!ls kecpa; ef any such pound upon re.sonablc ceaurc and to appoillt anotllcr fit and proper

person in his place.

111. And be it ftli[l,cr cnlctcd that r notification of t h i appointment o;

or por:ndLrcprr 3s t l ~ cnrc nlng be rhnll be

mmaval of any public

iprprt~d &C GOYcInmCn: CdLtlfe by ordcr the Justices R9 afor~s.tid and

aigncJ by the Clcrk to tllc h1:tgistratcs for the district in which such pound

&ill be situate ar pou~tclkccper appoir~tcd and sach notification shall be Gcemcd

m d taken in all courts in this Provitm and for all intents and purposes to bo evidence that such pound or poundkceper 113th bccn lcgally appointed or

rcmovd ss in tha said notification is mentioned. 1

IV. And bo it furt l~cr enacted that i t shall bc lawful for the Governor :a

advancc and issue if rcquircd any ncccssslry sum for thc erection and maintaining

of sucll pour& aforesaid and cvcry pound crcctzd as afor'csaid shall bc pro- perly fcnccd and cnclosecl and adapted as far as ma7 bc for keeping cattlc infccted with any c o n t n g i o ~ disease separate and apart from those in hcalth and if any poundkecpcr shall not keep up and maintain the said enclosures in propcr repair or shall knowingly kccp or permit to bekept any cattlc infected with disease in the name enclosure with cattle not so infected or shall not kecp the said pound clcan and in good order or the cattle which from time to time shall be impounded therein supplied

with asuficicncy of wholesome food and water every such poundkeeper shdl upoa

~onviction of any such neglect forfeit and pay o sum not exceeding flvc pounds

aor less than oue pound.

V. And be it further enictcd that it shall and may be lawful for the Justices

er the major part of them at any sue~h mccting as aforesaid to specify all such rmsonablc fees m shdl be taken and charged by any poundkeeper far any

matter or thing rcquircd to bc done by him undcr and by virtue of this act and not herein spe:ially providarl for and also from time to time as the smno may bncame ncccssnry to appoint fix and vary the price which it shall be lawful for the kccper of every such pound ns aforesaid to charge and rcccivc

for the sustenancc of the cattle of whatever description wliich shall be coin-

mitted to any such potlnd and also to estimate and assess reasonable rates for the general or ordinary damages whIch shall and may bc demanded and ,recorered in a summary way by tlm owncr of any lands without proof of - special damage fot the treapass of any cattle thereon which rates shall be

proportioned according to the r e s p d v c duscriptions and value of the crops groming upon the lzntls trcspassccl upon and the manner in which the sam.

are fenced or L ' I ~ O S L ' ~ or according to the valuc of the natural pastures on

unencfc~iod land3 ancl a190 to thr rcspnctivc descriptions and nature of the

trcspq~ing and to frame a table of such fecs price or rates as near as may ba

accorJiug to the form of t!lc ~chcdule h h2rewl:o X ' m l d such Fees prier: and

rates being nevertllcIcss sul~ject to t l ~ &ration or SisrJlo~vancc of t l x C ; J ~ ~ ~ ~ ~ ~

for the time being rnd the same aftcr ha\-ing becn so n!tcrcd or alIo~*;:.td ar:d

much alteration or al101mncc notified in t ! ~ G J Z ' ? ~ I ~ C U ~ Gcxtte s!idl and lllay be

lawfully talicn and chargcd dcnnndod a d recovered respcctircly as aforesaiJ.

L

, l, e m oftbe d&dr of the asid poundkrcper in any of the premises the said

&h& bo forfeited a d m y bz fort'tiwit!~ put in sait for the recover,

& m, penaltics incurred ;urd for the boacfic of say party or parties aggicved

Q defsult u the case may be.

t-11. And be it further enacted that it shall and may be t w f u l for any person

t h c ~ p n t ovcrsecr orbailiff of any person upon whose land any cattle the owner where-

.fshal1 b h o ~ m to him may bc found trespassing to impound acd dctain the same

h p-ny convenient pla?e upon his lands if be shall think fit to do so: Provided that

, h* within twenty-four hourrt of such last mentioned impounding give or cause ra be given to tho ommr of the mid cattle thn like notice as is hereinafter +m&& to bf given to the keeper of m y such puhlic pound by any person, cattle thereto add provided that he shall feed and maintain thc same cattle whilst 'm ;mpolillded and shdl not keep them impounded longer than thrce whole days

t w e n t p f ~ hours each but ~ h d l at the espiration of the said time if not

*ner released upon payment of his lirwful charges drive or cause the same to

driven to the nearest public pound and lodged therein in manner hereinnfter

Provided dso that any person impounding cattle on his own land

foresaid or his agent or overseer shall not be entitled to demand or reccive

-7 compensation for damap done by the said cattle save and except for such &inage as was donc before their first mentioned impounding and shall not be

atihed to demand or receive any fee or charge for the said impounding except

rueh as shall be by I m chargeable by the keeper af the nearest public pound for

feeding and maintaining.

V I K And be it &her enacted that it shall amd may be lawful for any

peMn OF the agent overseer or bailiff of any person upon trhoic land any cattle

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bc found trespassing to drive and lodge or cause the same to be driven or

loclgcd in the public round nearest to the said land and the person impounding

such cclttlc s i d specify in writing to the keeper of the said pound the

" number and kinds af the cattle impounded and the name of the owner if he

be Gown or supposcd owner OF that he is wllolly unknown the place whcre the ' raid cattle w r c tre~pmsing and the amount of damage claimed for the trespcsr

and if any owner or oncupicr of land or his agent or overseer shal! im~otlnJ my cattle in nny'pot~nd or place not authorised by this act or in my u:annor eontra~g to thc directions and provisions thereof ci-cry pcraox so o!T''::ding shall

upon conviction forfeit and pay a f i x not c~cccdi .~; ten ~:olir:ds and no; lcsr

&m fivc pounds for cverx such oRcncc. "

IX. And bc i t furthcr ennntcd that the keeper of cvrry pub1ic 1:ound s!dl

have and priscrvz at or w a r to tllc said pound a copy of tllis act, and a!so a pound boik ruled nad dividzd into column; as near au m:ly be in the f,jr::l in t!12 53h3%1?2 l3 1lcz.canto annxed ancl he s!i.tll cntcr i:lt t112 said pouii.l Look in a lqible innrl-writin2 th.- pdculnr3 of 311 c:rtttc! loJ;cd ia the said ;~ou;:d upz~ifyinz tlzc c iy and 11mr as nc:u m may Le when and t!~c czusc for

which the sanc were rcsptivcly ir;ipo+~r;clc-rl ant1 by whom they vicre sent , -

th:! tinic and n~odc of glvi*lg notice of the ~:,i{l ir \~~:oimlii~g by !Ills Act

mquired as also wlmt and in w h t muitwr :he s:l:n;	wcrc rc1c:iic.J ad by
dtusc order aid to who:n clcli-~crcd tllc p?.rti-::l,lrs	of salts a i d of the

proxxds tltercof nnd by whose ortlcr tht. sLr:x:c wcrz made and, tbc enid c n t r i c ~

dldl bc made at the time tllo cl act? were rcq-ctivcly done or ny s o m ;urtcr

2 m

a	u possilha but not dtcr any dispute concerning such entry thal hart a r i r u and a copy of this act and of the said pound book shall a t a11 reasonable timer be produced by the said pound kccper to and bc opcll for the inspection of any person dxiring to scc thc same u?on payment to the said poundkccper of the suln of sixpence for every such inspection and the said poundkcepcr rhall grant extracts (signed by himself) from the said pound book upor
'	payment of onz shilling for every such extract not exceeding one hundred words and for cvcry. subscqucnt number of words not exceeding one hundred
rixpcncc: And thc said po~lndkce~er shall preserve and kccp for not less t h ~.
h e l v e calendar mo!lths all orders made by Justices concerning any 1
cattle impounded and if any poundkeeper shall neglect or refuse to produce o copy of this Act or the said poundhook for the inspection of any person desirous to see thc aornc upon his lawful fee for tllc saine Icing first p i d or offered to be paid or shall neglect to make any lawful entry thcrcin ha shall forfeit and pay

%	for every such default a sum not exceeding twenty shillings and if any poundkeeper rhd l wilfully delay making any entry or shall knowingly n~alie any K.ke entry in
the said poundbook or shall wrongfully erase or destroy acy c n t y previouslj
made therein he shdl forfeit and pay for every such offence a sum of ten pound#.

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X. And be it further enacted that the keeper of every such public pound

shall erect and maintain in some conspicuous part of the said pound a board

bavins painted thercron in legible black cl~aractcrs on n whitc ground a tobh

I of all such lawful fccs ancl cllnrps as he is by this act authorlscd to demand have and reccivc to22thcr with all rates of ordinary damages as estimated slssesscd

' and alloi~cd under and by virtue of the same and if he shall f i l to erect the

t .	raid b o x d or to keep and maintain the smna in pro2er rep& aficr it has been
erected or to ndic any lawful alteration therein wliic!l Inay aftsr~sards become,
necessary k t G n a reasond!~ time after tllc said alterations ouz?lt to be made or skill knowingly paint or cause to be painted any fa!sc statement thcrcon he shall forfeit and pay for every d ~ y that such board sllall not be crcctcd except
during s u A rcnsonnblc time as t ! ~ sanls shall be takcn down for alteration or

- repair nrld f o ~ every day that such board shall not be maintained in proper

reparr or lawful alt;.mtion hc not mxl t aftcr a rcasonab!e timz for making tile same rc3pectivcly shdl hnvc clapied as a:oresnid the sum of two shillings and sixpcncc and for every day that be sliall knowingly suffer any fr?!sc statc~nent to

remain on the boarcl tlie s u n of five slii1Iings.

XI. And be i t further enacted that tlic keeper of every such pubtic pound

shall receive and detain in his custody any cattle lodged in such Found and almll bc rcsponsiblc to the m n c r tllercof for every loss or damage snstained by the h f ~ d act or the neglect of su-h poundkccpcr or IJs 'scivnnts but- not othcrr~ise and the said ponndkccpcr s l d and may detain all cattle so impoundecl nntil the snmc s l d he rcp?cvictl in due courx of law or until the sum far which thc samc wcrc impounded togctlm with his lawful fccs and clinrges shall bc picl or tcndcred or sccurccl to bc paid i n the manncr licrcinnftcr providd or until Ilc shdl rcccivc the written order of t h ~ p r m n impounding such cattle to dclivcr the same togcthcr with hia lawful fccs and charges arid upoil such pnylncnt as .aforcsnid bcing ten- dcrcd or paid or secured as hcxinaftcr provided or such order being rcceivcd from ,tic pcrvon impounding togctllcr with his fcca and chargcr

S

I

&or&d the said poundkeeper shall immediately delit er auch cattlt: to die

owner thereof or his agent or ovaracer or other person duly authoris:d by

owner t3 rezeiva tlla same and if s.1~11 poundkc2pcr s h d c ~ i l t 3

d&et

such cattle aa hereinbeforc required and directed he shall f u r h i t and

fur every such offencc a fine of not less t h n forty stiillings nur more

five pounds. c

XI[. And ba it further enactzd thnt the scur i ty h o r e i n ' 3 ~ 5 r ~ m?ntIonxl

h a U be an undertaking in writing and shall b~ in the f ~ r i n a:id to the efkct rnZntioned in the schedule heremto annexed murkcd with th? l2ttzr D and s h f l be signed by the owner of such impounded cattlc or his a p l t or oversccr 2nd

=very agent or overseer who s h d s i p such note whsreby such c n i h 5h311 be &ltsed from pound shall be deemed to be the a u t h o r i d agent of his ern;doq-2:

withol-tt any further proof being required theieof and e v x y such security or tlndsrtjking shall be paid at all events at t!le t i m an4 p1222 thzrcinbc'rore m;\n-

tianed without any further notice or dzmxd filr s x h p.1r13353 3114 ;1--on f.;i!xre

of such payment the mount or sum $_d~ar$d by S X ! ~ :u&rt&ii~g h 1 1

and may b3 rezovered by summary proz2ss distrzss and sd:: t o br? i s n e d by aoy Justice of the Peace (which such Justic? i s l ~ s r e b ~ autho;ised and r c y i r c d W h o e ) upon the production of such undzrtakinz or szcurity before suc!l Justke and the oath of the poundkezper that the s m c is still due a!ld unaatishl aginst

the g o d s and elTectu of the owner of thc crritlc so impounded.

XIII. And bc i t further enacted that t ! ~ 1;ec;:cr of c r q pA!i,- p,>'ii~d

whenever and as often m any cattle sliall be impounded t3erein f ~ r tres;.;ls sl:dl

post a written notice on the gate or on somz otlicr cor~spiciious part af t!:: s. . 3

pound iletting forth a description of the cattle so imilorrndcd or i n liiv po;sc.>:~i~

and such notice shall remain so posted until such ca~ t l e s!dl h ~ v e bcca clzinicd

or otherwise diqosed of by due coursc of Inw and evcry poundkeepcr ulio shLl

neglect to post.such notice as zfwesaid shall for evcry s ~ c h neglect forfcit 2nd

pay a fine of forty shillings.

known to thc said pou:!d\.scper thcn he shall cause the like notice to bc roster1 at tllc nenrcst church p):;! oG:c or policc station and the notice in the schedule marked 15 hcrewito z i ~ n e x c d to be inserted in the Gorernnzent Gazette which rhsll be publishcc1 nest nftcr tlic expiration of the said twcnty-four hours and in which it sh!l be ~o,;i?,:c to cmsc tlic sxnc to bc inscrted: Provided alwayI that when the cattle impou~lded under tlw provisions of this act sliall consist of rheep gnats swine or calves and 1)c not more than two in nun~bor it shall not ,be neccessary to give any other notice of such impounding than by aifixing notice thereof on the pound in tlic manncr hereinbefore directed,

XV. And be i t furtllci- enacted that from and after the comrncncemc~~, of !Iris

act it shall and may be lawful for the keeper of every p u n d in this provinct: lawfully coristitutetl by virtuc of this act to demand and rcceive as pound fees for the cattle of the several descriptions which shall be impounded therein tllc tteveral and respective sunls tvhich may from time t:, time bc appointed by the raid Justices in manner and subject to the provisions before mentioned: And it shall and may be lawful for the keeper of any public pound to demand have and receive for the impounding of any cattle and for feeding and maintaining the

same ~vhilst impounded and for giving notice thereof to the owner and fcr all &er

mcttcrs and things which are by this act required to be done by him all such fees and charges as ~sliall at any timc bc autllorised to be taken and charged aa in this act is mentioned and which fecs and charges the said poundkeeper shall duly and faithfully account for and pay at least once in every' quarter of a year on or

-before the first days of January April July and October respectively to the

-,.	Colonial Treasurer to be applied to the public uses of the Prorince and support
of the Government tllereof and if any ~oundkeeper shall demand or take any
greater sum for the impour.cling of any cattle or doing any act matter or thing

I

than such p m l k e c p c r is so autlioriscd to demand or take or shall fail duly to

account ar:d ray as afcrcsaid ewry such ~ ~ u n c ' k e r p c r shall forfeit ~ n d ~ z y for

oKence a 6um not exceeding five rounds nor less than one 1;ound.

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XVI. And be it furtlicr enacted that if the owcer of any cattlc imrou&d shall

re]ease the same upon p q n ~ c n t to the k q e r of the said Found of tile sum of

money for s l~ ic l l the said cattle w r e i m ~ m m k d the said ~oundkcepcr shall pay

the same to the pmty \{l10 impunded the said cattle on his dcmanil thereof and

if he shall fail so to do he shall forfeit a ~ d	ay for his dcfault the sum of five
pounds.

p& by the oath of thc said ~oundkecl er or otlicrs as thc said Justice may require hat ho ha complied with thc terms and provisions of this Act ant1 thereupon ,ho Justice shall and may if he bc satisfied that such terms and provisions haye been complied with make an order under his hand authorising the sale of

cattle or otherwise shall direct such acts to be d o l ~ as shall have beell

omitted snd in the mean time shall suspend the order for the said sde until

a future day to be appointed anew By him and until the said terms shall haye

been complied with notice of'mhich suspension and future time of sale shall be

by the said Foundkeeper to the oxner his agent or overseer personally or

d his usual place of abode or through the general post or by insertion in the

fioffn*ent Guzelte ss the case may require and in the same manner rcspcctivcly

by this Act is provided for giving the original notice of impounding:

provided however that where any such delay and suspension of sale shall be

mceasary in consequence of the neglect of the said ~oundkeeper the costs

,,f further proceeding and notice as well as of the future feeding and maintaining

gf &o 4 d cattle shall be borne by thc said poundkeeper.

XIX. And be it further enacted that all impounded cattle directed to bc

under the provisions of this act shall and may bc sold by the poundkeeper by public auction to the liiglicst bidder notsitlistnnding that he s ld l not have taken out a license ss an auctiorirer any thing contained in a n act of His Excellc~icy in Council passed in the fourth !ear of Her Najesty's reign errtituletl

'"n Act to regulate the licensing of r~uctionecrs" notwithstanding.

XX. And be it further eiiactecl that it shall and may be lawful for cvcrj

poundkeeper appointed under this Act to receive thc price of :111y impounded cattle wllich shall bc sold under nnd by virtue thereof and to apply same first in tllo poymeiit of all lawful fees mrl cltarges due to himself secondly in payment of the sum d w to the party at \~hosc instance the same wcrc im1wunded and the residtto he shell pay over to tllo owner of tho cnrtlc sold wlicre he is

- known or to his known a p r t or overseer upon the s m e being deainndcd ard

it

if the owner of the cattle sold &all be uukriow~r ancl hi\vc no known agent ut overseer the said p ~ u ~ ~ ~ l k ~ ~ ~ ~ ~ slldI witlriri one month t~fter the salc pay the amount into the hands of the colonial Trensurer i n trust for tlie p.rrty entitled thereto and the receipt of the 'freasurer s l d l be the legal quittance and dis-

charge of the said putl,lkeeper for t l ~ c amount specified therein and in case no

claim to tIic same s!lnll bu duly mitliiu two years next after the mid money

have ~ P SO p i l l illto the ~ I ~ !S of tlts Colonial Treasurer it sbaIl be law-

ful for the Govcrrlor by warrant un<cr his hand to direct the same to be applied

to the public uws of thc province and to the supl~ort of tlrc Government thereof

XXI. And be it further enacted that if the proceeds of any cattle impounded

by any persocl or his overseer for treslfissing and doing damage upon the lands

of such person and sold under and by virtue of this Act slrall bc insuRcieut to ratisfy the lawful fees and char,nes of the poundleeper respecting tlie same the residue of such feks and el~wgubner slnll be paid to the said pou~ldkeeper by the proprietor of thc sa i i cnttlc if known.

XXII. And ill ordcr to avoid as far as mny be the i n ~ ~ o u n d i n i of cattle be

it enacted that wlicrt? any cattle shall be found t rqnss ing or doing damngo and the rate of dani:lgc for the said tr~spass shdl have bccn estim:~tctl and assessed

by the Justices :is nfurcwitl nncl allowed by thc Governor as in this Act is

directed i t shall and may be la\\ful for the person entitled to such rate or damage to takc drive or send such cattle to their owner or his kno~rrr agent or overseer and hc is hereby required to pay the same as and fur a satisfaction of the said damage and traspass and if thc owner of such cattle or some pcrsott in his bdnlf shall riot pay t!le amount of such fixed rate of damngt? u;>otl the same being dcrnnnded i t s l l ~ l l and may be lawful for the party aggrieved by such trespass instead of impounditig the cnttlc to make his complaint to the Resident &gistratc or any two Jus:ices of the Peace at or ilcarcst to the place ~ r l ~ c r e the the s:iid trespxss was co~amittcil atid sncll Sln~istraSe or Justices s11d1 summon before him or tlleal tlrc owner of any cnttlc so h:iving trespassed or if he be &sent his kr~own ngent or overseer and it shall be l:iwfi~l for stlcll Magistrate or Justices a t thc timc appointed bp such surnnlous for the appcsrmce of the

of mcll sun1rnoIis sunllunrily to rnquirc into and eunmine and l m r and deter- party .compl:rinetl :~g:iinst whether lie appear or not upon proof of the service

I mine upon the luattcr of such coniplnint and upon satisf,\ctory proof of such trespass ancl of' tlre neglect and refils:d of the y ~ c t y complained against to pay the" fixed rate of damage to issue his or tlicir warrant to levy thc same together with such costs as to tlie said BIagistmtc or Justices shall appear just and ,reasondh.

XXXITT. And nhcrcur serious i ~ l c o ~ ~ r c n ~ f n c ~ and loss llave bccn occasioned

h?

by r m n of persons whose cattle hare strayed tipon the land and irltu tllc

he& of others driving off the cattle of other persons together with their ojvn:

remedy hereof be it further enacted thiit any p r son wlio shall drive asyay

my mttle other than his own or his nlrsteis or e~nployer's from the h i d 2nd

nut of the hcrds of any other person s h l l oil contiction of every such offcricc

C

fQ&it and pay the sum of five pounds.

. XXV. And wf~eresa great injury ?~as 'nrise~l to the breed of 11orned cattle by

of bulls of inferior kinds being allowed to stray and run at large: Be

it fmrher .enacted that the owner of any bull above tlic ng? of one year w h i ~ h

a y be impounded or detained under the p~orisiooj of this Act shall o y l:

compldnt of the owner or occupier of the ldrrrl trespassed ~ ~ p o r i or of his agtnt

or oversmr and on proof before any two or more Jnstices of the P e a x tit11

mcl+ bull has been 'wilfully and negligently sufi'cred to stray :,nil run at ln ige

forfeit and pay the sum of five pounds over and above 3. ~ 4. otlicr peadty or

ebsrge to which he may be liable utidcr this Act.

2 * ;XXVf. Pmvided "dnays and be it further ennetcd that n a t l h g hereill con-

~gi&d	shall extend or be construed to prcvetit the owncr OF oaj. Imrls trepnsswl
from waiving the ordinary damages estintntc:l nssesscrl anJ atloxed i i l

&o&r required by this Act and claiming i n any competent Court full s ~ t i s - fhction for any special damage sustained by him in cmisequcnco of any treFjms:

And provided aIso that i t the plaintiff irl any w i t or action for such s p x i d

damages shall not aftcr waiviug tlic ordinnry r l: m n p recover more tlrqn the amount of such csrilin:~ry d:un:qej tlt?rl he slinll ilot b ~. clltltlt>iI t:, or rccorcr the' costa of the mid suit or action from t!ic dcfcrldant i n the samc but the raid defendant shall be entitled to and recover fro111 the plaintiff the costs i n -

f by the said defendant ant1 if the plaintiff in any suit or action for slwh

!	rpccial darnage become nonsuit or discontinue his said suit or action or a
E	judgment be given against him thcrein the defendant in the said suit or action
,	rhdl be entitled ta and recover double costs from thc said plaint%
!

XXVII. And whereas it would be productive of inconvenience if the pro-

F	vsions of this Act were to cstcnd to 1nc.dities in the interior whcrc i t is
1	expedient that stock should be allo\r.cd to be depnsttlrcd more a t Iargc than
in the tbickl~t settled parts of tlic Province: 13c i t tllcrr.forc erinctcd tlvtt i t sll:.ill
t	be Iiwful for His Escc4lcncy the Govenlor i n Co111lri1 froin t i d l i: x t n t~:n? to
i	declare define and n m k out by proper bonullnri:.; :*:,:'!I di ::r.ic.ti of t!ln s l i d
Srovincc ns to ltirn shll sccm propr wittiin \rllieil tlti: piw~isiu!;.; of this :\c:
@hail .rpply and )oj+,.ot~l the liinits of such diqtricts it s l ~ n l l not l)(! ~ompc i c. t l i
for the proprietor tellant or occupicr of any I J I ~ or his :~gc:lt or rcbi,rcscntnti:.c
or any person \ ~ - ~ ~ S D E V C C to itnpoutld any cattle t.rcsp,~s~itlg o-A snch 1.tnd or
1	to m e for or rrcoi-cr any such cIatnnges or any fine or pmnlty or ill any v n y
;	take ndvuatngc of tlie provisions of this Act ~ I I ! C ~ S S U C ~ l n l d SO t r ~ ' \ p: \ s ~ c d olt
d d i b? cnclosed by a good n d s~~fticierlt fcucc! n11J tl:r rn'cs of t I, i ~ ~ l: l; ~ p re-
coverahlc it] rcspcct of such trespngs shall bo c.;tiln:~tt.d in m:~ritit-r l~cbr.bil~;)cfi,rtb
providcd by the f wticcs in Qilnrter Sessions with ~.cfcrc.nce to tilt1 hirlll : ~ r r c l
suifie;ency of' s u d ~ feucc or cnclosnrc RS wcli as to tlw w t m t nf ' 1 3 s 1. 1, . ,:

.. .,

S and in the casd of I:r i~tl so enclo.;d n f. 1 ~ ! t ! l ~ 1 ~ -. . ~ -to,h .. C .

"I 2 <

i h 311 rivp~cts RI i', i :;\- c. ; * ! 1 *: 4 c[;)!- il<* ! ::? $ 0 -, , I>\: .

t

10 '

thy Ji3tricts of 1113 P,,,1::.1f~2 i n ;t:li,!t t113 p:ovisions 01 t h s Act shall be decl~rod

to apply ;L\ afor::c~i.\ 113 it c * t ~ c t e l t!llt every proprietor tenant 0;: occupier ot

ltrncl or I l i j ropr~s,:lt,tiv.: wittliri the mid districts not' enclosed with a good and I

R U G C ~ C L L ~ f c ~ l C ~ ~ l l r ) iilterlifs to nv,iil himself of thr provisions of this Act shall

give nutic-c t!r,:rzuf I , t:13 tid1re3: p~~l1idl i~ '2per and shall causz to be forwarded

o' tlic Colojiitl Scciytlry for insertion i n. the Go~crnmcnt Gazrtie a prirted notice stating Ilic, rrxue the n\irnl)cr or nunhers of his section or sections or portion of section.; t l ~ c district iu ~ l ~ i c h suclr scction or sections or portion of gection~ art: situ:~ted nud tlm fiwt that suclr scction or sections or portion of ~ections arc intmderl to bc protcctxl under the provisions of this Act and suclr proprietor tcnant or occupier shall also cause to be put up at or near each and every corl~cr of every such section or ~ o r t i o n of a section'. or if the property con- rists of more t11311 one S rction 3t every corner of sucli properly on a post at least eight fcct high a boml at least three feet squame containirrg the number of the sec- tiou or sectious and t!~: vi-orrd ccp:otectc.l" in legible characters the letters being of the sizc of at Icnst two ir~clies painted blkl; on a white ground: Providcd always that no such proprieto~ te ,ant or occupier sliall be entitled to impound cattle or stock found trcspzssir~g on such unfenccd land or to cl&n d a r n a p for such

t r e s p w	U I I J ~ P	this Act unlesr he slid1 have complied with the above require-.
meots.

XXIX. Aud be i t further enacted tllat if any person ha11 destroy injure or deface any such protection post or board in any manner whatever every such person shall for every such offence forfeit and pay a penalty not exceeding

five poiinds sterling and not less than twenty shillings,

XXX, And bc 11 furtllcr cnnctcd tltnt until public lines of .road shall have been

defilletl n r d rrmLcd out notl~irrg i n ,hi.; Act contained shall be consthed to prevent the cIri\ing of cnttlc 1101.scs sl~ccp or other stock to market or travell- illg from one 1,or.t of the l'roril~cc to anotiicr along customary lines of road or in the init~tediatc vicinity tllcrcof.

XSSI. AIKI bc it furtllcr euacted that ail dxmages to which any poundkeeper

sllall and may be sul~jcct bp reason or on account of the neglect or default

of such poundkeeper citllvr in enlarging any cattle distrained or impounded or

i n prnnitting ' sucli cnttle to be enlarged without sufficient authority for so

doing or by any neglect in his driving feed i~~g or kecping any such cattle or

by :111y other neglect or d e h l t \vhntsoever of such poundkccpcr

or ]mlaltics ul~:ttsoever incrlrreil under this Act by any persons who sllnll be and all fines

guilty of :u~y ~ f f m c c i l g: ~ i ~ l ~ t t l ~ e mine sl~ail and niay be recovcrabic a ~ i d re clrvcrctl I)y snrnmwy yroccccling bcfirrc the Resident Magistrate or any two Juhticcs of' the PC:ICC in luniirler pruvidccl 197 t I~c Acts 'of Councd of this Province

fur ~ - t p ': t t i l l % s~111111;~1.y ~ T O C C C ~ ~ I I ~ S bofurp Justices of the Peace

for &idin3 the determination of thc said last mentioned Court thercon and

the mid convicting Ungistrate or Justices shall return io the said Court of

Qumcr Sessions the said conviction under his or their hands and thereupon

~ u J t i c 4 in such General Quarter Sessions assemMcl or the greater part of

them are hereby authrise3 and required to Ilcar a d determine the matters of

a p p d and either to confirin or sot aside the mid conviction and ' t o

sucZ cwta t3 eitlin: plrty as to t h m or the grcater part of them shall

ice& reasonable and the szid last mcntiorlod docision shall be final and con-

&&vs! as; to the matters thereto relativc arid if upon hearing of any such appeal the

jndgmsnt of !he said convictins JI~;istrato or Justicx slrall bc confirmed such

*pp&int s h l l forthvith pay tbz penalky and costs adjudgzd. to be paid by him

at Ja ddllult thereof shalt bc forthwith committed by the mid Court of Quarter

&sions to the commorr gtol of the clistrkt t1ierz to ramriin for such time as

is hereinbefore mentioned as tho. proportionate imprisonment to be suffered for

and in respect 'of any such unsatisfied conviction.

XXXIII. And be it further onaoted that n judgment of conviction duly

made under thi* Act slrrrll and may be plcaded In bar of any suit action or information which shdl b3 commenced instituted or prosecuted for such and

tha =me cause or offence in a n j other Court whatsoever.

XXXIV. And be it further enacted that all fines which s11aIL be levied or

. paid under this Act shall go and be paid to Her Najcsty Her Heirs and Successars for the public uses of this Province and t!~e support of t he Govern- ment thereof Provided that all such fities m y be remitted in whole or io part by the Governor.

XXXV. And be it further enacted t lwt in the constru'ction of this Act the word cattle shall in all cases be deemed and taken to mean and to includes barsza mares fillies asses mules camels: bulls cows oxen heifers stcxrs calves deer

rams ewes sheep lambs goats and swine and shall be deemed and taken the mean

include and apply to any one hnimal of the said several kinds and t.hat when ever in this Act any word or words is or are used denoting the singula: number of the masculine gender only yet the same shall be understood to include andr apply to several persons as well as to one person and to fen~eles as well as to males.

Parrcd in Council this sixteenth clap

of January 1841.

T ~ n 1. x OF l l n r ~ s to be chargcd for trcspnss of cattle, and the sustenmcc

thereof, whilst impo~ttrded, in thc district of	under tlrc
provisions of the Act of Council 4th Victoria N o 8.

In any forest, o p e q

l

I - pasture land, open In

De~cri~l ion of cat- stullile, after-grass,!gross,

tfe. &c. trunpassing. or othcr uninclosed~good and

, land. fence.,

-

. l f i r ' every horse, E S. d.

mare! gelding, fil- ley,ass,mule, bull

cow, calf, &c.

For every ram,[ we, sheep, lamb, or goat. .

For every pig.

Fired by the Justices nsscmblcd at thc '

day of 184

Allowed by IIis Escellcricy the Governor.

By Order

- Colonial S e c r c t q.

P%

1 S

C

entered into Poundkeeper wit11 one or more

Sarrth Auatralio BE IT REMEMBERED That on the day

:V d r. 1 of 184 A B O ~

. C D o f and E D of

c m personally before me G H (Clerk of the ,Magistrates for the district of

) rrnd severally acknowledged themselvcu to owe to

our Soxereign Lady the Queen to wit the said A B the sum of twentj

pounds and the said C E (W the said C b aad E P) the sum of trr enty pounds

of lawful .money of Great Britian to be l&ed off their respective goods and

chattels lands and tenements to the use of our said lady the Queen 1Ier Heirs

and Successon in case default sl~all be made in t ! ~ performance of any of the

. wnditions hereinunder written Now therefore t11c canclition of this recognizance is-whereas the said A B shall well and faithfully pc:L,rrn his duty as Pound-

kegper and every Act matter and thing by him as such Poundkecper required

*	and directed to be dom and performed. by virtue and according to the provisions ,of &e act of the Governor artd Council in such case made and provided then this tacognizanee to be void otherwise to remain in full force. ~ a t e n and ac-
knowledged the day and year first above written (as by the said Act is aiitlmrised
and directed) before me

C;, EL

Foaw of Security or Undertaking.

Z, A B (describing the residence of the ouner of the cattle in~younderl) llcreby

promiae to pay within thirty days from the date hereof to C D ( t h e Pound-

keeper) at (naming either the pouttd or place 4 residence

of the Poundkeeper as may be required) the sum of (speci-

fying the full amou~td of Poundage as well as the fees a ~ l d charges thereo~t) without any deduction whatever and in default thereof I consent that the said sum together with %he costs necessarily incurred by the said default shall be Icvicc2 by clistress and

,gale of my goods and effects wheresoever found.

Dated at this daq' of 184

.' (Signcd) A P),

.Or far A. R C D

Overseer of the said h 1:

and where and how branded). . Impounded at (here state tlrc $ace the nztmber and kind of cdtle

If not claimed to be sold on

A B Poundkeeper.

mere there is no brand the animals are to be shortly dcscribcd by stat i~lz

%e colour and any particular mark,