Stock straying (1839) (WA)

WESTERN AUSTRALIA.

ANNO TEItTIO

VICTORIA. REGINA:,

No.

An Act to provide a remedy against Horses and other Live Stock straying in Towns, and to prevent Entire Horses and Bulls straying in any part Of the Colony.

HEREAS the practice of permitting Horses and other Live Preamble.

WStock to stray about Towns, without being attended by any

keeper, is the cause of much injury and annoyance, and is pro- ductive of danger to the Inhabitants; Be it therefore enacted by the Governor of -Western Australia and its Dependencies, by and with A se l re , IT:gas et :

the advice and consent of the Legislative Council thereof, that any 4:syssZIJOI:	e
fto orsfetr itaynontlteusts o5snotor

p rson who shall suffer any Horses, Cattle, or any other description han 20s

than

of Live Stock to go loose about any town without being attended by more t li oro ndnot lthe as ;

if in

a keeper, shall, upon conviction thereof before any Justice of the thann t se, nor more

not less than Ten Shillings, nor more than Forty Shillings,—not- withstanding that the Animal shall not have been seized or de- tained ; but if the Animal shall have been seized and detained, then

Peace, for every such offence, if committed in the day-time, forfeit 40s if in the night time.

and pay any sum not less than Five Shillings, nor more than

Anno Tertio Viet. Reg., No. 2.

the Justice shall, over and above such fine, allow in his discretion any reasonable sum to the person so seizing and detaining the same as a remuneration for his time, and in proportion to the trouble and expense incurred.

IL AND whereas great injury has arisen to the breed of Horses

and Horned Cattle by reason of Entire Horses and Bulls being

Any person suffering any allowed to stray and run at large ;—Be it therefore. enacted, that on	entire horse or bull to
stray, , to forfeit any

an sum proof before any Justice of the Peace that any Entire Horse or Bull

not less than £2 nor more has been wilfully or negligently suffered to stray and run at largethan £4, if in the day

time, and notless than fia within the said Colony, whether on a Townsite or not, the owner of

nor more thongs, if corn-

mitted in the night tune. . any such Horse or Bull above the age of one year shall forfeit and pay any sum not less than Two Pounds nor more than Four Pounds, if the offence be committed in the day-time ; and any sum not less. than Three Pounds nor more than Five Pounds, if the offence be committed in the night-time.

This .ket not to prevent III. AND be it further enacted, that nothing in this Act con-

Zgyrsodnainfragiels recover- rained shall be construed to prevent any person from recovering any

he may be entitled under amount of damage for Trespass to which he may be entitled underany other Act.

any other Act in force in the said Colony.

to be recovered in a sum-mary way, and to go one posed by this Act shall be recovered in a summary way before any	Penalties and forfeitures 117... AND be it further enacted, that all Fines and Penalties im-
half to the colonial fund, Justice of the Peace for the said Colony, and shall, if not paid withinand one half to the party . complaining. six days after conviction, be levied by distress and sale of the of-

fender's goods and chattels ; and the money arising by such Fines, Penalties and Forfeitures, shall go one-half to the use of our Sovereign Lady the Queen for the support of the Government of the said Co- lony, and the other half to the person informing or complaining of the offence committed.

Act te•-•senlan,*-4u....f.iiiiiie V

AND be it further enacted, that this Act shall continue rn force for three years from the date of its passing the Legislative Council, and from thence to the end of the next sitting of the Legis- lative Council.

£8,v  h tzere

JOHN Hun,

GOVERNOR AND COMMANDER-IN-CHIEF:

Passed the Legislative Council

the 28th clay of October, 1839.

WALKINSHAW COWAN,

Clerk of the Council.