Stock trespass (1832) (WA)

ANNO SECUNDO

GULIEUVII IV. REGIS.

NO. II.

An act to provide a summary remedy for Trespasses committed

by Cattle and other Live Stock.

(17th February 1832.).

WHEREAS it is expedient to amend the Regulations now in force Preamble.

in this Colony relative to Trespasses committed by Cattle and other Live Stock, and to provide a more prompt and summary reme- dy for the same: Be it enacted by His Excellency the Governor of Western Australia, by and with the advice and consent of the Legis- lative Council, that a certain Order issued by His said Excellency on the subject of such Trespasses and bearing date the fourteenth day of

June, in the year of Our Lord One Thousand Eight Hundred and

Thirty one, be repealed. And that from and after the date of this Repeal of former Order,

Ordinance it shall be lawful for any person sustaining damage in his House or Land, or in any Crop, Fixture, or Chattel therein respec- tively growing or being, by Trespass of any Cattle or other Live Stock of whatever description, or by Dogs, or by other Domesticated Ani- mals, to seize and secure the Animals so trespassing in any Public Pound, or if there be none such within Three Miles of the scene of Trespass, then in any Private Pound or place of security until satisfac- tion be made for such damage in manner hereinafter provided.

AND be it further enacted, that it shall be incumbent upon the After pouting to make complaint to a Magmtrate.

party so distraining with all reasonable speed to make complaint of such Trespass to some Justice of the Peace, and until order made by such Justice to treat the Animal so distrained with all reasonable food and care.

A. D. 1832. 2nd Gulielmi IV. No. 2.

Compensation whether	ILL PROVIDED always and it is hereby declared, that the party sustaining any such damage as aforesaid, shall be equally entitled to the compensation herein provided by complaint to a Justice of the Peace, whether the Animal committing the Damage shall or shall not be seized and impounded.
animal impounded or not
Summons of owner ofcattle.	IV. AND be it further enacted, that it shall be lawful' for any Justice of the Peace for this Colony, on complaint upon Oath to him made by any person sustaining damage as aforesaid, to issue Ms sum- mons for the appearance of the Owner (when known) of the Animal trespassing. And upon appearance of such Owner (or in his absence on proof of the service of the Summons, either personally or by leav- ing the same at the usual place of residence of such Owner) to exam- ine into the nature and amount of the damage so committed, and to

Order for damages costs &s. make such order for payment of the value thereof by the said Owner

to the party injured, (whether last mentioned party shall have been examined or not) together with all reasonable Costs of Pounding, Feeding, Constables Fees, and other charges as to such Justice shall seem meet, and for that purpose to compel the attendance of all ne- cessary witnesses, and to administer Oaths to all parties examined.

H order not complied with And in case such order shall not be complied with, it shall be lawful

distress ana sale.

for the Justice making the same by Warrant under his Hand and Seal to direct any Constable of the said Colony by Public or Private Sale of the Animal trespassing when impounded, or by Distress and Sale of other the goods and Chattels of the Owner of such Animal when not impounded, or by both of the said means as occasion may require to levy and raise the sum awarded by such order together with all ex- penses of sale. And further that it shall be lawful for the Justice

Deduction to be made. making any such order as aforesaid to make reasonable deduction at

his discretion from the amount of damages so ascertained on account of any negligence or other misconduct on the part of the person com- plaining, either by undue delay in making his complaint, or by ill- treatment of the animal impounded.

Owner of animal not found. V. AND be it further enacted, that in all cases in which the Ani- mal so trespassing as aforesaid shall be impounded, and the Owner thereof shall not be discovered for the space of Fourteen Days after the impounding thereof, it shall be Lawful for any Justice of the Peace upon application and complaint on Oath of the Party injured, to make such Examination, Order and Sale as are hereinbefore directed to be made in case such Owner shall be known.

PROVIDED always and be it further enacted, that in all cases in which it shall appear to the Justice before whom any complaint and examination shall be made as aforesaid, that the House or Land in or upon which the damage complained of shall have been committed, was not at the time of the trespass sufficiently or reasonably fenced in, it shall not be lawful for such Justice to award to the party injured more than one-half of the ascertained amount of value of the damage done.

Land not fenced half VI.

damages.

VII.      AND in order to prevent a practice so injurious to the Public

No. 2. 2nd Gulick-al IV. A. D. 1832.

interest of the said colony as the wilful destruction of Live Stock, Penalty on persons killing or wounding Live Stock

on account of trespasses, for which a lawful mode of summary com-

trespassing.

after the Publication of this Act, unlawfully and wilfully kill, wound,

or maim any Animal- committing damage in his House or Lands,

every such person being convicted thereof before a Justice of the

pensation is hereby provided ; Be it enacted, that if any person shall value of the Animal when killed) any such sum of money, not exceed- ing Five Pounds, as to such Justice shall seem meet. And in default of payment, together with costs if ordered, shall be committed to the Common Jail or House of Correction, for any time not exceeding Three Calendar Months.

1.i t o f Appeal to Qu

VIII. AND be it further enacted, that if any person shall find sessions.

himself aggrieved by any order or conviction to be made under this Act, he may Appeal to the next Court of General Quarter Sessions of the Peace, provided that notice of such Appeal be given in Court at the time of such order or conviction being made; and the Court at Such Session shall hear and determine the matter of such Appeal, and Shall make such order therein with or without costs to either party as to them shall seem meet ; And in case of the dismissal of the Appeal, or Affirmance of the Conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such Costs as may be awarded, and shall if necessary issue process for enforcing their Judgment.

IX.      AND be it further enacted, that the Justices of the Peace for Justices to drat.413 list of

the said Colony in Special Session assembled, shall as soon as conveni- Fees. conspicuous part of the Court Houses for their respective districts.

ently may be after the Publication of this Act, draw up and settle a list

of Fees to be paid and allowed in all proceedings to be had under this

JAMES STIRLING,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

This 17th day of February, 1832,

M. S. CURRIE,

Clerk to the Council.

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PRINTED AT THE C.E. W.A. 20, 4, 1848-50.