Local Government Acts Amendment Act of 1959 (8 Eliz Ii No. 69) (Qld)

500 (@umtslanh ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 69. An Act to Amend "The Local Government Acts, 1936 to 1958," in certain particulars, and lor other purposes. [A ssented to 23 rd D ecember , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliamentassembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Load Government Acts Amendment Act of 1959.” Principal (2.) “ The Load Government Acts, 1936 to 1958,” are Act. in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Load Government Acts, 1936 to 1959.”

8 E liz . II. No. 69,1959. Local Government Acts Amendment Act, 501 2. Subsection one of section seven of the Principal Amendment Act is amended by adding the following paragraph :— of s’7 *1)- “ In the case of an Area which is divided, including division for the purposes of Part IV. only of this Act, at an election a person shall not be qualified to be a candidate for two or more divisions for the office of member.” 3. Subsection one of section twenty-three of the Amendment Principal Act is amended by repealing paragraph (iii.)° 8‘23 (1)" and inserting, in lieu of that repealed paragraph, the following paragraph:— “ (iii.) Banking accounts shall be kept for all funds. A separate banking account shall be kept for the trust fund. In respect of loan funds, a separate banking account may be kept for each loan fund or one consolidated banking account may be kept for all loan funds. In respect of funds other than the trust fund and loan funds, a separate banking account may be kept for each fund or one consolidated banking account may be kept for all funds. In respect of any consolidated banking account, the books and accounts of the Local Authority shall be so kept that the bank balances of the several funds respectively included therein shall be readily ascertainable at any time and from time to time.” 4. The Principal Act is amended by inserting New s. 23 b after section 23 a the following section :— 1D80rte ' “ [23 b .] (I.) Subject to this section the Local Shortterm Authority may from time to time invest upon security,nve onts* moneys which are temporarily surplus in any of its funds with any authorised and approved dealer. (2.) For the purposes of this section the expression “ authorised and approved dealer ” means a person— (a) Who is an authorised dealer in the short term money market with established lines of credit with the Commonwealth Bank of Australia as the Central Bank as a lender of last resort; and

502 Local Government Acts Amendment Act. 8 E liz . II. No. 69, (6) Who is approved by the Governor in Council by Order in Council published in the Gazette . (3.) Any and every security in respect of any investment referred to in this section shall be held by either the Local Authority or to the account of the Local Authority by the Commonwealth Bank of Australia. The Local Authority shall obtain and keep a safe custody receipt in respect of any and every such security held to its account by the Commonwealth Bank of Australia.” Amendment 5. Section twenty-five of the Principal Act is of s. 25. amended by adding the following subsection:— Trust fund excepted. “ (5.) This section does not apply to the trust fund.” Amendments 6. Subsection eleven of section twenty-eight of of s. 28 (11). the Principal Act is amended— (a) By repealing paragraph (ii.); (b) By renumbering paragraphs (iii.) and (iv.) to be respectively (ii.) and (iii.), and by inserting after paragraph (iii.) as so renumbered, the following paragraphs :— “ (iv.) Every debenture shall specify the place and time where and when the principal and interest are payable. (v.) Any debenture may at the option of the lender be issued with or without coupons. If issued with coupons, the debenture shall have annexed thereto for every payment (whether of principal or interest, or principal and interest) to grow due thereon a coupon. (vi.) Every debenture and every coupon annexed to any debenture shall be transferable by delivery.” ; (c) By repealing paragraph (v.) and inserting, in lieu of that repealed paragraph, the following paragraphs:— “ (vii.) In the case of any debenture issued with coupons the holder of any such coupon shall be entitled to receive from the Local Authority payment of the sum specified in the coupon upon presentation thereof,

1959. LocalGovernmentActsAmendmentAct. either annexed to or separated from the debenture, at the place where, and on or after the date when, such sum is payable. (viii.) In the case of any debenture issued without coupons, the lender or, in the event of the transfer of such debenture at any time or from time to time, the transferee for the time being shall, subject to this paragraph, be entitled to receive payments from the Local Authority in respect of principal or interest, or both, in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Local Authority has not been given notice as prescribed shall not be entitled to receive, and the Local Authority shall not be liable to make to such a transferee, any payment in respect of any debenture issued without coupons (except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and Unpaid by the Local Authority to the lender or a prior transferee). The entitlement of a transferee with respect to whom the Local Authority has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Local Authority was given such notice, was made by it to the lender or a prior transferee. In this paragraph the expression “ notice as prescribed ” means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Local Authority. (ix.) The power of the Governor in Council to make regulations shall include power to prescribe standard forms of debentures. A lender may agree to accept a standard form of debenture, but no lender shall be bound to do so unless by his agreement.” 503 7. Section thirty-one of the Principal Act is amended Amendment by repealing the words “ two hundred pounds ” where those words appear in paragraph (1.), and by inserting, in lieu of those repealed words, the words “ three hundred pounds ”.

504 Local Government Acts Amendment Act. 8 B liz . II. No. 69, Amendments o Section thirty-four of the Principal Act is amended— (а) By adding to subsection seven thereof the following paragraphs:— “ No moneys shall be paid to or accepted by the Local Authority nor shall any agreement be made by the Local Authority pursuant to the provisions of subparagraph (a) of the immediately preceding paragraph of this subsection unless and until a contract in writing shall first be made between the applicant and the Local Authority. Such contract shall set forth the nature and extent of the work of constructing and draining the roads (including a specification thereof), the sum which the applicant agrees to pay to the Local Authority, the date on or before which the Local Authority shall commence to construct such work, and the date on or before which such work shall be executed by the Local Authority. Unless and until a contract in writing in accordance with the provisions of this subsection is first made, the Local Authority shall not seal and endorse the plan of subdivision with its approval. If, at any time, the Minister is of the opinion that the Local Authority has failed to observe in any respect the contract, he may give to the Local Authority any such orders and directions as he shall deem necessary to ensure observance by the Local Authority of such contract. The Local Authority shall, within such time as the Minister may specify, carry out to the satisfaction of the Minister the requirements of such orders and directions.” ; and (б) By, in subsection twelve thereof— (i.) Inserting after subparagraph ( j) of the first paragraph, the following subparagraph:— “ and (k) The situation and planning of the separate parcels in relation to the costs of supplying water, gas and electricity to the several parcels including in particular whether the subdivision could be redesigned so as to reduce those costs, or any thereof, and either to the supplier or to the consumer, or both: ” ; and (ii.) Repealing in the proviso thereto the word, letter and brackets “ and (i) ” and inserting, in lieu thereof, the symbol, word, letters and brackets “, (i) and (j)

1959. Local Government Act* Amendment Act. 505 9. Subsection five of section thirty-five of the Amendment Principal Act is amended by adding the following 0 8'6)' paragraph:— “ Notwithstanding any other provision of this paragraph the Local Authority may, where it deems proper in the circumstances, permit the opening of a lane of less than the minimum standard width.” 10. The Principal Act is amended by repealing Repeal of section forty-two and the headnote thereto and inserting, “ 42*^4 in lieu of that repealed section and headnote, the headnote following section and headnote : — thereto. “ Establishment and Management of Pounds. [42.1 (I*) For the purposes of this section andDefinitionfl. sections 42 a to 42 d , both inclusive, of this Act— (a) The term “ occupier ” includes any superintendent, overseer or other duly authorised person acting for and on behalf of the occupier; „ (b) The term “ proprietor ” used in relation to an animal means the owner of or person exercising dominion over such animal, and includes the person entitled, subject to this Act, to possession of the animal; (c) The term “ impounder ” includes the person by whom or by whose authority an animal has been delivered to the pound-keeper for impounding, and one who has seized an animal in purported pursuance of the provisions of section 42 a of this Act for any alleged trespass on land, notwithstanding that the animal has not been taken to the pound: The term does not include the Local Authority,, or the pound-keeper or any other officer or employee of the Local Authority acting or purporting to act in the course of his duties as such ; (d) The term “ animal ” does not include a dog. (2.) A Local Authority may establish, maintain P°wer. <*> and control a pound or pounds within its Area. and control . A Local Authority may join with the Local Authority pounds, of a neighbouring Area or neighbouring Areas in the establishment and maintenance of a pound in either or any of such Areas.

506 Local Government Acts Amendment Act . 8 E liz . II. No. 69, A Local Authority may by arrangement with the Local Authority of a neighbouring Area, contribute to the establishment and maintenance of a pound established by such other Local Authority in its Area. A pound already established at the date of the passing of this Act shall be deemed to have been established under this Act. A pound may be discontinued at any time by the Local Authority or Local Authorities concerned. Sole manage­ (3.) The Local Authority of an Area in which a cmoennttroaln; d pound is situated, shall have the sole management fees. and control thereof, and the by-laws of that Local Authority shall apply in relation to the pound, and the fees to be charged in respect thereof. The damages and driving, leading or transport charges which an impounder may claim in respect of any impounded animal, shall be those prescribed by by-laws of the Area in which such animal was seized. Time pound (4.) The Local Authority having control of a pound orepceenptfioorn shall by its by-laws fix the times during which the or release pound will be open for the reception or release of animals, soaflaendiamyasl; s; and appoint at least three days in each month on which notice board. sales of impounded animals may take place. It shall place and maintain in . a conspicuous place at or near the entrance to the pound a notice board legibly inscribed with the hours during which the pound is open for the reception or release of animals, and the days and times for holding of pound sales. Pound to be (5.) A Local Authority shall take reasonable and irnepgaoior,d& c.; proper care to see that any pound under its control is prevention in good repair, safe for animals placed therein, and doifsseparseea. d of secure against the escape of such animals, and is kept in a cleanly condition. Appoint­ ment of The Local Authority shall use and adopt all proper means and appliances to secure the prevention or prevent the spread of any disease in any pound under its control, and, subject to this Act, the chairman may order the removal or destruction of any diseased, infected or worthless animal, matter or thing in any such pound. (6.) The Local Authority shall appoint some fit and proper person to be the pound-keeper of any pound under its control, and may appoint such deputies or

1959. LocalGovernmentActsAmendmentAct. 507 assistants as it deems fit. The pound-keeper shall be an officer of the Local Authority and responsible to it for the discharge of his duties. (7.) The pound-keeper shall, subject to the by-laws, receive and place in the pound all animals delivered to him pursuant to sections 42 a or 42 b of this Act, at times when the pound is open for the reception of animals, or at such other times as he may arrange with any person desiring to deliver such animals: Provided, however, that he shall not be obliged to receive animals in excess of the reasonable and proper capacity of the pound. The pound-keeper shall maintain reasonable supervision over the animals in the pound. He shall supply them with sufficient wholesome food and water, but may take or send them out of the pound at fit times and to fit places for grazing and watering, exercising , reasonable care for their proper driving and other handling, and to prevent their escape. (8.) The chairman of the Local Authority having Diseased, jurisdiction over a pound, upon being satisfied that an ^a^d’or animal impounded in such pound is by reason of disease, infirm injury, starvation or any other cause too infirm t6 be of anMna • further service, or that if such animal were offered for sale ! there would be no reasonable prospect of selling it, may by order under his hand, authorise the destruction (if such animal, and thereupon such animal, if not released from ' the pound, may be destroyed; and all fees, rates and charges due to the Local Authority in respect of the impounding of the animal, together with all reasonable expenses incurred in connection with its destruction, may be recovered by the Local Authority from the proprietor as a debt. Moreover the damages and driving, leadmg or transport charges claimed by the impounder in delivering such animal to the pound keeper for impounding may be recovered by the impounder from the proprietor as a debt. (9.) Any member of the Police Force in charge of any animal in the course of or for the purpose of any J^^sesof criminal charge or police investigation, may deliver criminal such animal to the pound-keeper for safe custody, and piSTor have it re-delivered to him at his pleasure, paying only mvestiga-

508 Local Government Acts Amendment Act. 8 E liz . II. No. 69, Low or Authority keeper?**' in respect thereof the prescribed scale for sustenance: Provided that the pound-keeper shall not be obliged to receive, or if he has received it, may require the member of the Police Force to take away any animal which appears to be diseased or of a disposition rendering it dangerous to other animals in the pound, or otherwise improper to be kept in the pound. (10.) The Local Authority shall be liable to any person for any loss or damage occasioned to or sustained by him by reason of any breach or non-observance by ^ °f its obligation under this section or sections 42 a or 42 b of this Act, or by reason of any wrongful or negligent act or omission of the pound-keeper or any other officer or employee in the discharge or purported discharge of his duties. Save as aforesaid, the Local Authority shall not be liable to any person by reason of the impounding or purported impounding of any animal or the escape of or injury to any animal while in the pound or in the care of the pound-keeper. Local Authority (11.) The Local Authority shall provide for the to provide pound-keeper at any pound under its control, and the kpeoeupnedr-with pound-keeper shall keep at such pound or at a place Acte, by­ reasonably convenient thereto— laws and (i.) A copy of the provisions of this Act relating to impounding and of its by-laws relating thereto; and (ii.) A pound-keeper’s book in or to the effect of the following form, and containing the information specified therein :— Pound-keeper'8 Book. sale or destruction . Particulars o f release or or sold or destroyed . Time when released How disposed of . proprietor . giving notice to Time and mode o f impounder . claimed by Damages and charges impounded . For what cause 4 i i11 I P1 « Proprietor . Time . Bate .

1959. LocalGovernmentActsAmendmentAct. 509 (12.) The pound-keeper shall enter or cause to be Enfaiea in entered in the pound-keeper’s book, so soon as is reasonably practicable after an animal has been delivered book- to him for impounding, the information specified in subsection eleven of this section. (13.) The pound-keeper shall at all reasonable Aete,jby. times produce to any member of the Police Force, on^L“d demand and without fee, and to any other person on n. payment of the prescribed fee, for his inspection or to iSpL°k^. take extracts therefrom, the copy of the provisions of this Act and of the by-laws relating to impounding, and the pound-keeper’s book. (14.) When any horses or cattle are impounded the Brands and brands of which are illegible or indistinct, the pound- bTre^ed keeper shall cause all such brands to be clipped or *® pound- otherwise denuded of hair, and a correct diagram or b£Xr s , facsimile of them (as nearly as practicable) to be entered in the pound-keeper’s book. When any earmarked cattle or sheep are impounded, [ the pound-keeper shall cause a correct diagram of the earmark (as nearly as practicable) to be entered in [ the pound-keeper’s book. / (15.) Within twenty-four hours after the impounding Notice of of any animal, the pound-keeper shall post or cause to be posted a written notice at the office of the Local impounded Authority of the Area in which the pound is situated ammal8' in a conspicuous place setting forth— (i.) A description of such animal, with its brands and marks, if any; (ii.) The place from which and the person by whose authority it was impounded; (iii.) The date of the impounding; (iv.) A statement of the time and place of its intended sale, if not duly released ; and

510 Local Government Acts Amendment Act. 8 E liz . II. No. 69, (v.) A statement of the damages and charges claimed by the impounder, and the fees, rates and charges then due and accruing on the animal, and such notice shall remain so posted until such animal has been released or otherwise disposed of according to this Act: Provided that, if the pound is situated in a locality other than that in which the office of such Local Authority is situated, such notice shall be posted on the public notice board at the pound. If the name and address for service of the proprietor of the animal are known to the Local Authority, it shall also as soon as is practicable, serve on the proprietor a copy of such notice. If the name and address for service of the proprietor are not known to the Local Authority, it shall cause to be published in a newspaper as soon as is practicable a summary of such notice, showing the particulars of the animal, the date on which and place from which impounded and time and place of intended sale. The Local Authority shall, subject to the provisions of this Act and of the by-laws, by its pound-keeper detain an animal impounded until all fees, rates and charges authorised by this Act are paid or until the animal is sold as hereinafter provided in this section. The pound-keeper shall, upon receipt of all pound fees, rates and charges due and all sums lawfully claimed by the impounder for damages, and driving, leading or transport in respect of an animal impounded, release the same to the proprietor or his agent and shall, so soon as is practicable, transmit such moneys to the clerk. Unless notice of appeal has been given as hereinafter provided in this section, the Local Authority shall on demand pay to the impounder of an impounded animal the amount received in respect of the release of such animal, for damages, and driving, leading or transport charges, and retain the amount received in respect of pound fees, rates and charges.

1959. LocalGovernmentActsAmendmentAct. 511 If notice of appeal has been given, the Local Authority shall retain all moneys paid in respect of the release of an impounded animal until the appeal, if duly initiated, is determined. If no appeal is duly instituted within the time specified in section 42c of this Act, or if within that time the notice of appeal is withdrawn, such moneys shall he dealt with as if no notice of appeal had been given. (16.) Every sale of impounded animals shall take?aieof place only on one of the days appointed for the purpose and shall commence at the hour of noon. Save as otherwise provided, an impounded animal shall not be sold earlier than ten days after its impounding. All sales shall be by public auction and shall be held and made by some person appointed in that behalf by the Local Authority. The person so appointed shall have power and authority to sell by public auction without taking out a license as an auctioneer. The Local Authority may fix a reasonable reserve price on any animal to be offered for sale, and if the reserve price is not reached at the sale, the Local Authority shall be deemed to have become the purchaser at the reserve price. (17.) The Local Authority may, under the written Sajle ***<>«> _ authority of any proprietor of an impounded Animal, consent cause the same to be sold on a sale day earlieir than proprietor; herem provided. unbranded The Local Authority may, under the authority of a horses.01 certificate of the chairman or a justice of the peace, sell or cause to be sold at the next appointed day of sale any impounded unbranded cattle or horses apparently above the age of twelve months, with their foals or calves, if any. (18.) Before any sale is held, the person aut lorised Certificate by the Local Authority in that behalf (who shall not be before sale’ the pound-keeper or any of his deputies or assistants) shall examine every animal impounded and the pound keeper’s book, and shall certify under his hand that the animals intended for such sale are, if such is the case, correctly described in such book and in the prescribed notices and that such animals may lawfully be sold at such sale. No animals shall be sold except upon such certificate.

512 Local Government Acts Amendment Act. 8 E liz . II. No. 69, If the person authorised as aforesaid gives a certificate which in any material particular is to his knowledge false he shall be liable to a penalty not exceeding fifty pounds. Proceeds of (1.9.) The person holding the sale shall receive the sale. proceeds thereof, and shall so soon as is practicable after any sale transmit such proceeds to the clerk together with a detailed account of— (a) The several animals sold; (b) The amount realised upon each lot; (c) The moneys claimed by the impounder in respect of damages and charges for leading, driving or transporting; and (d) The amount of the fees, rates and charges due to the Local Authority in respect of each animal. mDofiossnpaeoleyssit. ion as fe (2 es 0 , .) rAatllesmaonndeyschraercgeeivsedinbyrestpheectLoocfalimApuothunordietdy animals shall be paid into the general fund. All moneys received in respect of the sale of any animal shall be applied, firstly in payment of all fees, rates, charges and expenses due to the Local Authority in respect of the impounding, sustenance and sale of the animal, and secondly, upon demand, to the impounder in payment of all amounts lawfully claimed by him for damages and charges for the driving, leading or transporting. The balance, if any, shall on demand be paid to the proprietor: Provided that upon the expiration of two years after the sale of any impounded animal all moneys remaining in possession of a Local Authority in respect of a sale thereof and not demanded by the impounder or by the proprietor of the animal shall become the absolute property of the Local Authority. If the proceeds of the sale of any impounded animal are insufficient to pay the aggregate of the moneys lawfully payable to the Local Authority and to the impounder, the Local Authority or the impounder may recover summarily under “ The Justices Acts , 1886 to 1958,” the amount payable to it or him of such insufficiency.

1959. LocalGovernmentActsAmendmentAct. 513 The allegation in the complaint that the person proceeded against is or was at any particular time the proprietor of any animal referred to in such complaint, shall be sufficient evidence of that fact unless and until the contrary is proved. (21.) The Local Authority shall, on payment of Certffied the prescribed fee, grant to any person requiring it, a copy, certified under the hand of the chairman or clerk, pound- of any entry in the pound-keeper’s book and such certificate shall be receivable in any court as prima facie received in evidence of such entry. evidence. (22.) The sale of an impounded animal in pursuance Title of or purported pursuance of the provisions of this section, shall confer an absolute title upon the purchaser.” 11. The Principal Act is amended by inserting, New after section forty-two, the following sections and 42 c’ 42 d , headnotes:— “ Impoundings by Private Persons. f h n e d a J dnotes. [42 a .1 (1.) Any occupier of land upon which any Remedies animal is found trespassing may seize such ammaJ impounding, and, if he does so, shall— (i.) As soon as practicable take such animal to some convenient pound at any time the pound is open to receive animals for impounding or at any other time by arrangement with the pound-keeper, and deliver it to the pound-keeper to be impounded. He shall at the same time deliver to the pound-keeper a written memorandum specifying the brands and earmarks, if any (if they can be conveniently deciphered), and description of such animal, the name and address of the proprietor or supposed proprietor of the same, if known, the place where such animal was trespassing, and if he claims damage the amount of such damage, and the driving, leading or transport charges claimed, which respectively shall not exceed the scale prescribed in that behalf by the by-laws of the Local Authority in whose Area the trespass occurred ; or (ii.) If he knows the proprietor, temporarily hold the animal in any convenient place for a period not exceeding four days.

514 Local Government Acts Amendment Act. 8 E liz . II. No. 69, He shall, in that case, within twenty-four hours, give like notice to the proprietor as directed by section forty-two of this Act to be given by the Local Authority in the case of impounded animals not immediately claimed (except a statement of the time and place of intended sale) and shall feed and maintain the animal while so held. He shall at the expiration of the said period of four days if the animal is not sooner released either— (a) Take and deliver such animal to be impounded as prescribed by paragraph (i.) of this subsection; or ( b) Take and deliver it to the proprietor and, subject to doing so, may demand the damages, charges and fees next hereinafter mentioned, and if the proprietor fails to pay the same immediately on demand, the amount thereof shall be recoverable in the same manner as is provided in paragraph (iii.) of this subsection for the recovery of damages. He may make a charge for the sustenance of the animal and for giving notice, not exceeding the amount of such charges and fees prescribed to be payable at the nearest pound. He shall not be entitled to any compensation for damage except for such as was done before the temporary holding ; or (iii.) Take such animal to any place reasonably convenient to the residence of the proprietor and there deliver it to the proprietor and, subject to doing so, may demand payment of the damage done and charges for driving, leading or transport of the animal, according to the rate prescribed by the Local Authority of the Area in which the animal was trespassing. Thereupon the proprietor shall pay the same in satisfaction of such trespass. H he fails to pay the same in full, the unpaid amount thereof may be recovered summarily under “ The Justices Acts, 1886 to 1958.” v ' \

1959. LocalGovernmentActsAmendmentAct. 515 (2.) A proprietor of an animal from whom payment Payment in respect of an alleged trespass is demanded under paragraphs (ii.) or (iii.) of subsection one of this section, may make the payment under protest, and may thereafter appeal as provided by section 42c of this Act. (3.) The proprietor of an animal impounded in a Release of pound under this section may secure its release at any “fma”ded time the pound is open (or at any other time by arrangement with the pound-keeper) upon payment to the pound-keeper of the damages and other sums lawfully claimed by the impounder, and all prescribed fees and charges payable in respect of such animal. (4.) If the proprietor of an animal impounded in Notice of a pound under this section intends to appeal against^ppeaiby4** the impounding as provided in section 42c of this Act, proprietor, he may on or before making the payment to secure the release of the animal, or at any time before the sale of the animal and without making such payment, give the Local Authority written notice of such intention to appeal. (5.) An animal in respect of which notice of appeal has Animal in been given and which has not been released, may not be whidfnoUoe sold until the appeal has been decided, unless the appeal °f appeal is not instituted within the time limited in that behalf : tobe’BoW. Provided that the proprietor may, in writing, consent to the sale proceeding, whereupon the sale may proceed as though notice of appeal had not been given, but the Local Authority shall retain the proceeds of sale until the appeal has been determined. Local Authority Seizure and Impoundings. [42 b .] ( 1 .) This section shall apply in all Towns Application and in such Shires or part or parts of such Shires as the ofsect1011. Governor in Council may from time to time, by Order in Council published in the Gazette, direct. ■ (2.) Any animal found depasturing on any road Seizure of which is fenced on both sides, or on any bridge or on uni^fuiiy any reserve or other land under the control of a Local deplored Authority which is fenced, may be seized and taken brid^esT’ possession of by such Local Authority: Provided that reserves and this subsection shall not apply to— other ““ ’ (i.) Travelling stock being depastured within the . limits and in accordance with the conditions imposed by the laws in force for the time being relating to travelling stock; or

516 Local Government Acts Amendment Act. 8 Euz. II. No. 69, (ii.) Animals being depastured under license within the limits and in accordance with the conditions imposed by the laws in force for the time being relating to the depasturing of animals on roads and reserves. aSneyizutirme ea. t at an (3 y .) tiAmney, insecilzuudriengunddaeyr titmhies, sneicgthiotntimmea,yabSeunmdaadye, or a holiday. Seized animals may be temporarily held and later impounded or immediately impounded. (4.) An animal seized under this section— (a) May be immediately impounded; or ( b) May be temporarily held in some convenient place by the Local Authority seizing the same, for a period of forty-eight hours after such seizure unless earlier released as hereinafter provided in this section. Where an animal is seized and temporarily held in some convenient place, the Local Authority shall, if the proprietor of such animal is known, notify such proprietor within a period of twenty-four hours of such seizure that such animal has been so seized and will be held for a period up to forty-eight hours after such seizure. Seized animal may be released. (5.) The proprietor of an animal seized and temporarily held under the provisions of this section may, subject to payment of the charges in respect thereof as fixed by by-law of the Local Authority, procure the same to be released to him. If seized (d.) If any a>nimal so seized and temporarily held arenliemasaeldnot has not been released as aforesaid within the said period within forty of forty-eight hours, such animal shall be impounded. eight hours. (7.) The provisions of sections forty-two and 42 a of this Act shall, so far as applicable, apply and extend to any impounding pursuant to this section : Provided that where any animal is actually seized and taken to the pound by the pound-keeper the provisions of paragraph (i.) of subsection one of section 42 a of this Act relating to the written memorandum referred to in that paragraph (i.) do not apply.

1959. LocalGovernmentActsAmendmentAct. 517 Appeals. [42c.] (1.) The proprietor of an animal impounded Appeals on or seized in purported pursuance of this Act— legality of impounding, (a) Who disputes the legality of any act of the &c. impounder in relation to such impounding or seizure, or the nature of the trespass alleged, or the amount of the damages or charges claimed by the impounder; or (b) Who alleges any irregularity in any act of the impounder in relation to such impounding or seizure or lack in the care taken by the impounder of the animal, and who has been given notice of appeal under subsection four of section 42 a of this Act or protested under subsection two of that section may appeal against the impounding. Such appeal shall be by complaint under “ The Justices Acts, 1886 to 1958,” setting out the grounds thereof and made within thirty days after the day on which the animal was seized or impounded. At the hearing no grounds may be relied on other than those stated in the complaint. has n ( o 2 t ) bIefenthreeleaapspeeda, l thfaeilssamanedcothuerseansihmalall biemopbosuenrdveedd dIfisampipseseadl . with regard to its detention, sale and other matters as in all other cases of impounding. If the proprietor has released the animal, the Local Authority shall deal with all moneys paid to it in manner provided by section forty-two of this Act. (3.) If the appeal succeeds, the Court may order If appeal the impounder to pay the proprietor such compensation succeeds. as it deems just for the loss sustained by him, and in addition to pay all fees, rates and charges due to the Local Authority in respect of the animal, which fees, rates and charges may thereupon be recovered by the Local Authority as a debt. If the animal shaJU not have been sold, the Court may make such order as to the disposal of the animal as it deems just.

518 Local Government Acts Amendment Act. 8 E liz . II. No. 69, Offences and General Provisions. Offences by [42 d .] (i.) Any pound-keeper who works or uses kpeoeupnedr-. or permits or allows to be worked or used any impounded animal shall be liable to a penalty not exceeding ten pounds and also to make compensation for all damage occasioned by such offence. Offences by (2.) Any occupier of land who seizes or impounds any impounder. animal in any pound or place not authorised by this Act, or in any manner contrary to its provisions, shall be liable to a penalty not exceeding fifty pounds, unless the Court before whom the matter comes considers the irregularity so trivial that it could be adequately dealt with on an impounding appeal. Horse (3.) No person shall seize or impound any horse ebmy pPloolyiceed employed by the Police Force of the State or the property Force not of the Crown, and no damage for trespass or driving itmo pboeunded. charges shall be payable in respect thereof. Any person who seizes or impounds any such horse shall be guilty of an offence and liable to a penalty not exceeding fifty pounds, but it shall be a defence for a person charged to show that he had no reasonable means of knowledge of the fact of the employment or ownership. Allowing (4.) Every person who wilfully lets in or knowingly atoniemnatelr suffers to enter upon the enclosed land of any other enclosed person any animal without due authority shall be ldauned without deemed guilty of a wilful trespass and shall be liable authority* to a penalty not exceeding fifty pounds. A conviction under this subsection shall not be a bar to any civil remedy which the person aggrieved may have. Unlawful rescue of seized or impounded animals. (5.) Every person who rescues, or attempts to rescue, or assists any other person in rescuing or attempting to rescue, any animal lawfully impounded or seized for the purpose of being impounded, shall be liable to pay all fees, rates and charges in respect thereof and in addition, to a penalty not exceeding fifty pounds. The Local Authority or person who had seized the animal may re-take any animal which has escaped from the pound, or been rescued, and hold it as of the original impounding or seizure.

1959. LocalGovernmentActsAmendmentAct. 519 (6.) Any person who is found in possession of any Possession animal which has been impounded and which has “^pounded escaped, or has been unlawfully let out of or has been animals unlawfully rescued from any pound, and who does not ^c^>ave forthwith upon the demand of a Local Authority or its been ’ authorised person, deliver such animal to be again impounded, shall be liable to pay all fees, rates and rescued, charges, payable in respect thereof, and in addition, I to a penalty not exceeding fifty pounds. Upon proof , of such demand as aforesaid being made by the Local Authority with respect of any animal which has been impounded, it shall lie upon the defendant to prove his right to retain possession of the animal, against the ’ Local Authority, and all other persons. (7.) Every person who drives or attempts to drive Unlawful any animal, which is his property or the property of a ' person who has thereunto duly authorised him, from * the lands of any owner or occupier or out of the herds or flocks of any owner or occupier, without first giving ■ him notice of his intention so to do, shall be liable to a penalty not exceeding fifty pounds. Every person who so drives or attempts to drive any animal, which is neither his property nor the property of a person who has thereunto duly authorised i him, shall be liable to a penalty not exceeding fifty pounds: Provided that nothing herein shall affect any such other proceedings for such driving as are applicable thereto. (8.) Nothing herein contained shall be construed Alternative to prevent the occupier of any land trespassed upon )£^L1Q from waiving the damages prescribed by the Local Authority and claiming in any court of comjpetent jurisdiction full satisfaction for any damages sustained by him in consequence of any trespass: Provided that if such occupier has claimed damages as prescribed by the Local Authority pursuant to the provisions of subsection one of section 42 a , he shall be deemed to have made his election, and shall not afterwards be entitled to waive such prescribed damages and claim damages in any court of competent jurisdiction.

520 Local Government Acts Amendment Act. 8 E liz . II. No. 69,1959. If the plaintiff in any action for damages does not recover more than the amount of the prescribed damages, then he shall not be entitled to the costs of the action, but the defendant shall be entitled to the costs thereof. If the plaintiff in any such action is non-suited or discontinues the action, or a judgment is given against him therein, the defendant shall be entitled to recover from the plaintiff the costs of such action as between solicitor and client. Right of (9.) Nothing herein contained shall be construed abpepweaailvmeday to prevent the proprietor of any animal seized or and action impounded by an impounder in pursuance or purported tuanklaewn ffuolr pursuance of the provisions of this Act who considers or irregular it was unlawfully seized or impounded, or that there simeipzuoruendoirng. was any irregularity by the impounder in such seizure or impounding, from waiving his right of appeal under this Act or waiving the assessment of compensation by the justices upon any such appeal and claiming in any court of competent jurisdiction for any loss or damage occasioned to him by such seizure or impounding.”