Public Pound Ordinance amendment (1871) (WA)

WESTERN AUSTRALIA.

ANNO TRICESI1VIO QUARTO

VICTORIA] REGINA].

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No. XXV.

AN ACT to amend " The Public Pound Ordinance, 1861."

[16th January, 1871.]

HEREAS it is expedient to afford to owners of impounded

it therefore enacted by His Excellency the Governor of WesternWlive stock greater facilities for obtaining their release ; Be

Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:-

1 WHEN any impounded live stock, of whatever description, shall not be followed to they peoroin ndain segeit.to Eitn s sin ist

or place of security, or be imme- POrlikim ee

person and persons lodging such live stock in such pound or place for default,	diately claimed by the owner thereof, or some one on his behalf, the 'Owner, under penalty of
of security shall inform the poundkeeper who is the owner thereof, if he be known to such person. And if such person shall fail to give such information to such poundkeeper, when able so to do, he shall for such neglect forfeit and pay a penalty not exceeding Five Pounds. And every poundkeeper, after impounding any stock, shall

within

34° ITICTORLE, No. 25.

Public Pound Ordinance, 1861, Amendment.

Poundkeeper to give notice	within twenty-four hours give notice to the owner or owners of the
to owner (within 24 hours)
when known.	said stock, if such owner or owners is or are known; and such notice may be sent by the general post to the usual place of abode of such owner or agent ; and if such owner or owners is or are not known, the poundkeeper shall, on the expiration of forty-eight hours, put
When owners are unknown,	up a notice on some conspicuous part of the pound that such stock
notice to be put up on
pound on expiration of 48	is impounded; which notice shall contain a full description of such
hours.	stock, and a statement of the damages, fees, penalties, and expenses claimed and payable on account of the trespass for which the same are impounded.

Owner of impounded live 2 IN case any live stock, of whatsoever description, shall be

stock may release such stock

impounded in a public or private pound, or place of security, and a

on certain conditions.

larger amount of damages, penalties, fees, or expenses are claimed than are reasonable or authorised, and the owner of such live stock, his • agent or overseer, shall dispute the amount of such damages, penalties, fees, and expenses, or the identity of the live stock, or the nature of the trespass committed by such live stock, or shall deny the legality of such impounding, then in any such case such owner, his agent, or overseer, may allow such live stock to remain in such pound or place of safety until the case be decided as provided by the Cattle Trespass Ordinance, 1857, or otherwise pay, by way of deposit, the damages, penalties, fees, and expenses demanded, and release the said live stock ; which such poundkeeper, person, or persons as aforesaid, are required and directed to release accordingly; such owner, his agent, or overseer giving at the same time notice in writing to the poundkeeper, or person or persons impounding the same, that he intends to dispute such damages, penalties, fees, and expenses, or impounding, as the case may be, and thereupon such poundkeeper, person or persons, shall retain the amount of such damages, poundage, fees, and expenses, so paid as aforesaid, to abide by the written order of the Justice finally hearing and adjudicating on the matter of trespass out of which the impounding arose, which order such Justice is hereby authorised to make; And if such pound- keeper, or person or persons as aforesaid, shall fail to release and deliver such live stock as hereinbefore required and directed, or shall fail to obey such written order, he shall forfeit, for every such offence, a penalty not exceeding Twenty Pounds; and in the case of dis- obedience of such order, the penalty shall be in addition to the sum so ordered to be paid or offered.

Jurisdiction, 3 ALL penalties hereby imposed shall be recovered in a sum-

mary way before one or more Justice or Justices of the Peace.

34° VICTORLE, No. 25.

Public Pound Ordinance, 1861, Amendment

4 THE Justices of the Peace, acting in pursuance of the fourth Tables of Fees under Cattle

section of The Public Pound Ordinance, 1861, shall have power, Trespass Ordinance.

from time to time, with the consent of the Governor, to draw up and settle a table of fees to be paid and allowed in all proceedings within

their respective districts under The Cattle Trespass Ordinance, 1857,

and to vary and alter the same ; and such Table of Fees shall be exposed to public view in some conspicuous part of the Court Houses for their respective districts ; and may be lawfully charged, taken, and recovered; Provided that every table of fees already approved by the Governor, respectively, purporting to be drawn and settled under the twenty-fourth section of the said Ordinance of 1857, by the Justices assembled at any Petty Session holden for any district, and notwithstanding it shall not be in conformity with such last named section, shall be and continue in force until a Table of Fees shall be drawn and settled under this provision.

5 THIS Act and " The Public Pound Ordinance, 1861" shall Incorporated with the Pub-

be read together as one Act. lie Pound Ordinance, 1564.

PERTH:

By Authority : RICHARD PETTIER, Government Printer.