Land Trespasses Act 1854 No 27a (NSW)

No. XXVII.

not exceeding ten pounds.

An Act for protecting inclosed Lands from

Intrusion and Trespass. [29th November, 1854.]

it enacted by His Excellency the Governor of New South Wales by	WHEREAS it is expedient to make further alterations for the protection of inclosed Lands from Intrusion and Trespass Be
and with the consent of the Legislative Council thereof as follows :— 1. Any person who shall without lawful excuse enter into the
inclosed lands of any other person without the consent of the owner
or occupier thereof or the person in charge of the same shall forfeit and pay any sum not exceeding five pounds and the proof of such lawful
excuse shall be upon the person charged with any offence against the
provisions of this enactment.

2. I f any person shall enter into or upon the inclosed lands

of any other person and shall wilfully or negligently leave open or

down any gate or slip-panel such person shall forfeit and pay any sum

3. Any person who may be found committing any offence against any of the provisions of this Act and who shall refuse when thereunto required to give his name and place of abode shall be liable to be apprehended by the owner or occupier or the person in charge

of such inclosed lands and delivered to the custody of the nearest
Constable or Peace Officer to be taken and conveyed before a Justice
of the Peace to be dealt with according to law And any person who
upon being so required to give his name and place of abode shall give any false or fictitious name or place of abode shall forfeit and pay any sum not exceeding five pounds.
4. I t shall be lawful for the proprietor or occupier or any per­
son having the charge of any inclosed lands to destroy any goat
found trespassing thereon.

5. I t shall be lawful for any Constable or Peace Officer to seize
or destroy any goat found straying or at large in any road street or
public place.

6. The words " inclosed lands " in this Act shall mean any lands either private or public which may be inclosed or surrounded with any fence wall or other erection by which the boundaries thereof may be known or recognized and the word " person " shall be deemed to extend to any body corporate.
7. All penalties hereby made payable or recoverable may be
recovered in a summary way before any Justice as by law is or shall
be provided.

8. All actions and prosecutions to be commenced against any person for anything done in pursuance of this Act shall be commenced within two calendar months after the fact was committed and not otherwise and notice in writing of such action and of the cause thereof shall he given to the defendant one calendar month at least before the commencement of the action And in any such action the defendant may plead the general issue and give this Act and the special matter in evidence at any trial to be had thereupon.