The Impounding Act of 1855 No 36a (NSW)
No, XXXVI.
| An Act to reg’ulate tlie Impounding of Cattle. | IJiroUNDINO. |
[18 /̂i December, 1855.]
'I^TITEIIEAS it is expedient to amend tlie Law relating to
| V V | impounding of Cattle | 13c it tlierefore enacted by ll is Excel |
lency tlic Governor of New Soutli. Wales by and with the advice and
consent of the Legislative Council tliercof as I'ollows :—
1. In the construction of this Act tbe folloAving terms shall Construction of
terms used in this
| luiAat tb(! meaning lici’cby assigned to tliem tliat is to say | Act. |
The term “ cattle ” or “ head of catth; ” shall in all cases bt; deemed and taken to m ean and to include horses mares geldings colts tillics asses m ules bulls coavs oxen bcilers steers and calves and the Avord “ sheep ” shall m ean and include rams cavcs sheep and lambs and shall be deemed and taken to m ean include and apply to any one anim al of the said sevt'ral kinds.
Tbe term “ poundkeeper ” shall m ean im ply and inelude any
person Avho m ay iiave the authorized charge of any ponnd AAdiether such poundkeeper shall be gazetted as such pound
| ' | keeper or not or AAdiether such poundkeeper shall hold any other office or have any other designation or not. |
The term “ Petty Sessions” shall mean and refer to the Justices assembled in Petty Sessions at a Court of Petty Sessions holden nearest to Ihc pound respecting Avliich such rcfercmcc shall be made or to the place Avlierc; any cattle may be detained instead of being impoundc'd in accordance Avith the provisions of this Act.
The term s “ oAvner” and “ occupier” o f any lands shall include
any and every person occupying any Avastc lands belong in g to the CroAvn under any lease license or other proper authority as also any superintendent overseer or other duly authorized person acting for and on behalf of any such OAvner or occupier.
2. It shall be laAAdul for the GoA'ernor to appoint couaumdent Governor to cstib-
j)laces in any part of N gav South Wales for cstablisliing erecting and maintaining public pounds and from time to time Aidienever it may seem exjK'dicnt to abolish any pounds already established or to be estaltlished under this Act and establish other pounds.
J. Tlie majority of tlie Justices in Petty Sessions assembhal in Majority of Justices
and for any district in A\ hich any pound established under this Act l"eq)ers,''*^ pound-
may he situate shall select and appoint some lit and ])rop('r person as
and to be poundkeeper of any such pound Provided that until such
| 3 Y — VO L. 4. | appointments |
| 301G | No. 36. | 19° VIC. | 1855, |
| Impounding. | |||
| E xisting pounds |
| continued. | nppointments respectively all pounds and poundkeepers established or appointed at the time of the passing of this Act shall he deemed to he pounds and ])Oundkeepers established and appointed under this Act and subject to the provisions hereof. |
| Povindkeepei'S may | 4. | I f at any tim e any such poundkeeper shall ht; gu ilty of any |
| be removed by |
| m'ajorit’ | / o f Justices. nGglect 01’ offeiicc Under this Act or shall not perform the duties of |
poundkeeper to the satisfaction of sucli Justices such poundkeeper shall he removi’d from such pound and any vacancy caused by such removal or the death or resignation of any poundkeeper shall h(‘ filled in the manner hereinbefore provided for the appointment of pound- keepers Provided always that the order for the removal of any such poundlvceper shall be made by the majority of such Justices in Petty Sessions assembled.
| Pounds and pound- | 5. A notification of the appointment or rcmioval of any pound- |
keepers to be
| gazetted. | keeper or the establishment or abolition of any public pound shall be inserted in the Government Gazette and such notification shall be deemed and taken for all intents and purposes to be evidence that such poundkee])cr or pound hath been legally appointed removed established or abolished as in the said notification is mentioned. |
| tiovernor to advance |
| money to erect | 6. It shall l)e lawful for the Governor of the Colony to advance |
| pounds. | and issue if required any sum not exceeding ten pounds for the erection of one such pound in every district in Avhich Petty Sessions shall bo holden as aforesaid and every pound erected as aforc’said Avhethcr at the public ex])ense or otherAvisc shall be kept in good repair by the k(;eper thereof at his proper cost and (‘liargc and shall be delivered up by such keeper upon the termination of his office by removal or othcrAvise in the like order as the same may have been received by him to sueh persons as shall be appointed by such Justices in such behalf and eAun-y pound (‘rected as aforesaid shall be propei’ly lenced and enclosed and adapted as far as may be for keeping cattle infected Avith any contagious disease separate and apart from those in health and if any poundkeeper shall not keep up and maintain the said enclosures in proper repair or shall knoAAongly keep or permit to be kept any cattle infected Avith any contagious disease in the same ('iiclosure Avith cattle not so infected or shall not keep the said pound clean and in good order and the cattle whicdi from time to time shall be impounded therein supplied Avith a sufficiency of Avholcsome food and Avater every such poundkeeper shall upon conviction of any such neglect forfeit and pay a sum not exceeding five pounds. |
| Pound fees. | 7. Xlic keeper o f every pound legally constituted by virtue of th is A ct m ay demand and receive pound fees for the cattle o f the seA^eral descriptions w hich shall be impouirded therein the scA'eral and respective sum s folloAAung that is to say— for the first or only head of cattle goats or SAAune the sum of sixpence and for every additional head of cattle goats or SAvine impounded at the same tim e and upon the same account the sum of three-pence each and for the first or only sheep the sum of foui’-pcnce and for every additional sheep impounded at the same tim(' and upon the same account the sum of one penny each. |
| Fees oil iinpoundiiig | S. The scvcral sum s so by th is A ct authorized to be demanded and taken by any such poundkeeper as jAOund fees shall be taken and deemed to be in fu ll satisfaction as pound fees to such poundkeeper for three days consisting of seventy-tAvo hours n ext after the tim e Avhen sueh cattle shall be so im pounded Avhether such cattle shall rem ain im pounded during the AA’hole or during a part only o f seventj/-tAVo hours and after such three days it shall be laAvful for any poundkeeper to demand and take one-half the like sum at the rate hereinlndbre m entioned for every additional seventy-tAvo hours during the w hole or |
any
| 1855. | 19̂ VIC. | No. 36. | 3017 |
| Impounding. |
any part of wliicli any cattle of the description hereinbefore mentioned
shall remain in the custody of such poundkeepci' in such pound.
9. The fees as herein set fortli shall and may he demanded bv rmmd fcos to te
any poundkeejter as the pound fees irrespective of the fees for food or for g'iving notice as hereinafter provided and all such fees shall he paid to sutdi poundkeeper as remuneration for his services as poundkeeper and keeping the pound in repair.
10. The Justices sitting in the nearest Court of Petty Sessions jnsticcs to n.x rates
may from time to time appoint and fix the fees which it shall be lawful for the keeper of any pound to charge and rectnvc for his o r̂n use for the sustenance of the cattle slieep goats or swine of whate^'er description which shall be impounded in any sudi pound and may .also appoint and fix the rates as ami for ordinary damages which shall and may be demanded by the owner or occupier of any lands for the tresjiass of any cattle sheep goats or swine thereon Avliich rates shall be pro}>or- tioned according to the respective descriptions and value of the crops or grass growing upon the lands trespassed upon and also to the rcsjxx*- tive descriptions and nature of the catth ̂ sheeji goats or swine tres passing according to the form in tlû Schedule to this Act annexed marked A subject to the approval of the Governor and such fees :md rates may alter or amend subject as aforesaid and such fees or ratc.s or any altered or amended fees or rates being notified in the Govermhent Gazelle shall and may be laAvfully taken charged demanded and recovered respectively as aforesaid Provided that no proAusion shiill be niado for damages committed upon cultivated land not secui'(dy enclosed to a greater amount than AA Ould be payable if the trespass had been committed on land not cultivated Provided further that in Double damages for
case any cattle sheep goats or SAvine shall be impounded off the same ancrtrebicX°atbini
land more than once Avithin three months the person so impounding
may legally claim and obtain double the amount of damages so fixed
as aforesaid and if any such cattle sheep goats or SAA'ine shall be
impounded thr(?e or more times Avithin the period of six mouths IVom
off the same land such persons so impounding may claim and be legally
entitled to three times the amount of damages so fixed as aforesaid
and every provision of this Act shall apply and be equally in force in
reference to such double or treble damages as if the ordinary damages
alone Avere claimed.
11. It shall be laAvful for the Justices in Petty Sessions assembled justioes to assess
to assess the costs charges and expenses attending the driving of aiiy cattle sheep goats or SAvine to pound Provided ahvays th.at if the owner of any animals so trespassing shall be dissatisfied aaith any such charges he may apply to the Court of Petty Sessions nearest to such pound Avhich shall have power to summon all parties Avith their Avit- nesses and to examine them upon oath in a summary Avay and to assess such damages as may appear to be reasonable and lair and such assessment of damages shall bo final and conclusive betAveen such parties and such Court of Petty Sessions shall haAm poAver (if neces sary) to order so many of any such trespassing animals to be sold as shall Ijc required to pay all such damages as Avell as all fee's and otlier
charges due to the keeper of any pound in Avhich any animal so trc'S-
passing shall be impounded.
12. All cattle sheep goats or sAvinc impounded under the jrro- Cauic trespassing to
visions of this Act shall be sent to the public pound n(!arest to the land ncai'csrpomui.™ cattle sheep goats or swine; shall in a written memorandum specify to the keeper of the pound the number and kinds of the cattle slux'p goats or SAvine impounded and the name of the owner if he be known or supposed OAvner or otherAvise state that he is Avholly unknoAvn to the person impounding the place Avhere the said cattle shee]) goat'̂ or
SAA’in e
| 3018 | No. 36. | 19̂ VIC. | 1855. |
| Impounding. |
swine were trespassing and the amount of damages claimed for the trespass and if any owner occupier of land or other authorized person shall impound any cattle sheep goats or swine in any pound or place not authorized by this Act or in any manner contrary to the directions and provisions hereof every person so offending shall upon con viction forfeit and pay a fine not exceeding ten pounds for every such offence.
| rouridkccpci-to keep | 13. Tlic keeper of every public i^ound shall have and preserve |
li'npoMl’ideTSuo 'to the said pound a co}^ of this Act and shall also keep a wiiidi book may bo pouiid book rulcd marked and divided into columns as near as may be inspected. form in the Schedule to this Act annexed marked B and he shall
enter into the said pound book in a legible hand the particulars of all cattle sheep goats or SAvinc lodged in the pound specifying the day and hour as near as may be Avhen and the cause for Avhich the same Avere respectively impounded and by Avhom they Avere sent the time and mode of giving notice of the said impounding as by this Act required and also Avhen and in Avhat manner the same Averc released and by Avhose order and to Avhom delivered the particulars of all sales and of the proceeds thereof and the said entries shall be made at the time the said acts Avere respectively done or as soon after as possible but not after any dispute concerning such entry shall have arisen and a copy of this Act and of the said pound book shall once in every month if such pound be distant not more than tAventy-five miles from any Court of Petty Sessions be produced before the nearest Bench of Magistrates and shall at all reasonable times be produced by the said poundkeeper to and be open for the inspection of any Justice or member of the police force free of charge and of any other person desiring to see the same upon payment to the said poundkeeper of the sum of sixj)cncc for every such inspection and the said poundkeeper shall grant extracts signed by himself from the said pound book upon payment of one shilling for every such extract not exceeding one hundred Avords and for every subsequent number of Avords not exceeding one hundred six pence and if any poundkeeper shall neglect or refuse to produce a copy of this Act or the said pound book for the inspection of any Justice; or member of the ])olice force or of any person desiring to see the same upon his laAvful fee for the same being first paid or offered to be paid or shall neglect to make any lawful entry therein he shall forfeit and pay for every such default a sum not exceeding five pounds and if any poundkeeper shall Avilfully delay making any entry or shall knowingly make any false entry in the said pound book or shall Avrongfully erase or destroy any entry previously made therein he shall forfeit and pay for every such offence a sum not exceeding tAventy pounds,
| rounikeeiioi- to | 14. Thc kccpor of every public pound shall erect and maintain painted tliereon in legible white characters on a black ground a table of all thc fees and charges he is by this Act authorized to demand have and receive together with all rates of damages as allowed under and by virtue of the authority of the Justices in Petty Sessions as aforesaid and if he shall fail to keep and maintain such board in proper repair after it has been erected or neglect to make any altera tion therein Avhich may afteinvards become necessary within a reason able time after the said alteration ought to be made or shall knowingly paint or cause to be painted any false statement thereon he shall for feit and pay for every day that such board shall not be erected except during such reasonable time as tbe same sliall 1)C taken down for alteration or repair and for every day that such board shall not be maintained in proper repair or a laAvful alteration be not made after a reasonable time for making thc same respectively shall have elapsed as aforesaid the sum of one pound and for every day that he shall knoAv- |
| taken | said pound a board luiAung |
tiieieon.
ingly
| 1855. | 19*’ VIO. | No. 3G. | 3017 |
| Impmmding. |
any part of wliicli any cattle of the description hereinbefore mentioned
shall remain in the custody of such poundkeeper in sueh pound.
9. The fees as herein set fortli shall and may ho demanded by round fees to ic
any ponndkcciier as the pound fees irrespective of the fees for food or for giving notice as hereinafter provided and all sueh fees shall he paid to such poundkeeper as remuneration for his services as poundkeeper and keeping the pound in repair.
1 0 . Tlie Justices sitting in thc nearest Court of Petty Sessions .justices to fix rates
may from time; to time appoint and fix thc fees which it shall he lawful for the keeper of any pound to charge and receive for his own use for the sustenance of thc cattle sheep goats or swine of whatever descri])tion wliich shall l)e impounded in any such pound and may also appoint and fix thc rates as and for ordinary damages which shall and m;iy he demanded by the owner or occupier of any lands for the trespass of any cattle sheep goats or swine thereon which rates shall be ]iroj)or- tioned according to thc respective descriptions and value of the crojis or grass growing upon the lands trespassed upon and also to thc respec tive descriptions and nature of the cattle sheep goats or swine tres passing according to thc form in thc Schedule to this Act annexf'd marked A subject to thc approval of the Governor and such fees and rates may alter or amend suhje<;t as aforesaid and such fees or rates or any altered or amended fees or rates being notified in the Government Gazette shall and may he lawfully taken charged demanded and recovered respectively as aforesaid Provided that no provision sliall he made for damages committed upon cultivated land not securely enclosed to a greater amount tlian would he payable if the trespass had been committed on land not cultivated Provided further that i ii Double damages for
a second impounding
| ease any cattle sheep goats or swine shall be impounded off the same | and treble for a third. |
| land mori! than once within three months the person so impounding may legally claim and obtain double the amount of damages so lixi'd as aforesaid and if any such cattle sheep goats or snane shall he impounded three or more times within thc period of six months from off the same land such persons so impounding may claim and he legally entitled to three times the amount of damages so fixed as aforesaid and every provision of this Act shall apply and be equally in force in reference to such double or treble damages as if thc ordinary damages alone were claimed. |
11. It shall be lawful for thc Justices in Petty Sessions assembled Justices to assess
| to assess the costs charges and expenses attending thc driving o f | charges tor damages, |
| cattle sheep goats or swine to pound Provided always that if the owner of any animals so trespassing shall he dissatisfied with tiny siufii charges he may apply to the Court of Petty Sessions nearest to such pound ivhich shall have power to summon all parties with tlnfir a*, 'fi nesses and to examine them upon oath in a summary Avay and to assess such damages as may appear to be reasonable and fair and such assessment of damages shall be final and conclusAe between such parties and such Court of Petty Sessions shall have power (if neces sary) to order so many of any such trespassing animals to be sold as shall b(; required to pay all such damages as Avell as all fees and otluu’ charges due to the ki'cper of any pound in Avhich any animal so tres passing shall be impounded. |
12. All cattle sheep goats or swine impounded under thc pro- Cawic tiespassins to
visions of this Act shall be sent to the public pound nearest to thc land ncai'csrponmi.''*
where the same Avere trespassing and the person impounding any such
cattle sheep goats or SAvine shall in a Avritten memorandum specify to
the keeper of tlu; pound the number and kinds of the cattle slu'tq)
goats or SAvine impounded and the name of the owner if he be knoAvn
or supposed OAvner or otherAvise state that he is Avholly unknoAvn lo
the person impounding the place Avhere the said cattle sheep goats or
sAvine
| 3018 | No. 36. | 19" VIC. | 1855. |
| Impounding. |
swine were trespassing and the amount of damages claimed for tlic trespass and if any owner occupier of land or other authorized person shall impound any cattle sheep goats or swine in any pound or place not authorized by tliis Act or in any manner contrary to thc directions and provisions hereof every person so offending shall upon con viction forfeit and pay a fine not exceeding ten pounds for every such offence.
| Poundkeeper to keep | 13. Tlic keeper of cvci'y public pouud shall liavc and prcscrve |
i’m̂ oimdcTSti’e p o u i i d a copy of this Act and shall also keep a whicii kook may be pound liook rulcd marked and divided into columns as near as may be inspected. form ill tlic Sclicdulc to this Act annexed marked B and he shall
enter into thc said pound book in a legible hand thc particulars of all cattle sheep goats or swine lodged in the pound specifying the day and liour as near as may be wlicn and the cause for which the same were respectively impounded and by whom they were sent the time and mode of giving notice of the said impounding as by this Act required and also when and in what manner thc same were released and by whoso order and to whom delivered the particulars of all sales and of thc proceeds tliereof and the said entries shall be made at the time thc said acts ivere respectively done or as soon after as possible but not after any dispute concerning such entry shall have arisen and a copy of this Act and of the said pound book shall once in every month if such pound be distant not more than twenty-five miles from any Court of Petty Sessions be produced before the nearest Bench of Magistrates and shall at all reasonable times be produced by the said poundkeeper to and be open for the inspection of any Justice or member of thc police force free of charge and of any other person desiring to see thc same upon payment to thc said poundkeeper of the sum of sixpence for every sucli inspection and the said poundkeeper shall grant extracts signed by himself from thc said pound book upon payment of one shilling for every such extract not exceeding one hundred words and for every subsequent number of words not exceeding one imndred six pence and if any poundkeeper shall neglect or refuse to produce a copy of this Act or the said pound book for the inspection of any Justice or member of thc police force or of any person desiring to see the same upon his lawful fee for the same being lirst paid or offered to be paid or shall neglect to make any lawful entry therein he shall forfeit and pay for every such default a sum not exceeding five pounds and if any poundkeeper shall wilfully delay making any entry or shall knowingly make any false entry in thc said pound book or shall wrongfully erase or destroy any entry previously made therein he shall forfeit and pay for every such offence a sum not exceeding twenty pounds,
| rounikcciinr to | 14. Tlic kecpcr of every public pound shall erect and maintain painted tliereon in legible white characters on a black ground a table of all thc fees and charges he is by this Act authorized to demand have and receive together with all rates of damages as allowed under and by virtue of the authority of thc Justices in Petty Sessions as aforesaid and if he shall fail to keep and maintain such board in ju’opcr rejiair after it has been erected or neglect to make any altera tion therein which may afterwards become necessary within a reason able time after the said alteration ought to be made or shall knowingly paint or cause to be painted any false statement thereon ho shall for feit and pay for every day that such board shall not be erected except during such reasonable time as thc same shall lie taken down for alteration or repair and for every day that such board shall not be maintained in proper repair or a lawful alteration be not made after a reasonable time for making the same respectively shall have elapsed as aforesaid tbe sum of one povmd and for every day that he shall know |
| trbotX'n pained* | saidpound a board having |
| tliereon. |
ingly
| 1855. | 19° VIO. | No. 36. | 3019 |
| Impounding. |
ingly sufFor any false statem ent to remain on tlie said hoard thc sum
of five shillings.
15. 'flic keeper o f every such public pound shall receive! and Tonndkeeper re detain in his custody any cattle sheep goats or swine lodged in such .̂ ÎJst'ody oi caub̂ pound and shall be responsililc to thc owner thereof for (wery loss or impounded,
damage sustained by thc w ilfu l a(;t or the! neglect of such poundkeeper or his servants but not otherwise anel thc said poundkeeper sheill anel m ay detain all cattle sheep goats or swine so impounded until the sum len- which thc same were iinpounded together w ith tlic law ful fee's and charge's shall be paid or tendered or until he shall receive the w ritten order of the pe!rson im pounding such cattle to deliver the same on paym ent being made of the' lawful fees and charges exclusive of any damages that m ay be claim ed.
IG. 'riic keeper o f every public pound whenever and as often as Poundkeeper to post any cattle sheep goats or swine shall be! impoundeid therein for trespass pound ouTuc gate.'''’ shall post a written notice on the! g;itc or on some other conspicuous
part o f thc said pound setting Ibrth a description of thc cattle sheep goats or swine so impouneh'd or in his possession and such notice shall remain so posted u n til such cattle! sheep goats or swine! shall have bce!n claim ed or otherwise disposed of by due course of law.
17. Every poundkeeper shall keep a liook in Avhich shall bo Ponmikonpcr to e'ntcrcel thc branels or other marks o f any e:'attle shee'p goats or swine! catturiiwucrŝ ^̂ belonging to any person w ith his nam e and jdacc of residence who m ay
see iit to liave liis nam e anel brands thus entered anel for such entry the fee of five sh illings shall lee paid to the poundkeeper for his own use anel i f after any such entry any cattle sheep goats oi' swine having any brands or marks thus registered shall be impounded in any sucli ])ounel it shall be im perative iqeon such poundkeeper as soon as possible to give notice of such im pounding to the person so registering any branels or m arks thus exhibited upon thc e'attle sheep goats or swine so impounded in the same manner and unde'r thc same reguhi- tions and ujion paym ent o f the same fees as hereinafter provided in e'asc the owner o f any cattle im pounded slmll bo know n to siu'h ])Oundkccpcr or party imponneling.
18. W hen any impoundeel cattle she-ep goats or swine shall not Noiiccofiniponnding
| e>r by some one on bis bedialf the keeper of The saiel jeemnel shall brands. | be' fedlowcel to thc pound or immodiate'ly claime'd by thc owner the'rcofI ,̂'’p“HiolVtgî ^̂^̂^̂ in Avriting to be dedivered pe!rsonally or left at the usual plae-e of rcsielence of the OAvner if he bo knoAvn or if tbe anim als be brandeel Avith :iny brands registered AAoth such poundkeeper to the person so registering such brands or to bis agemt or oven’seer providoel the OAvner or registering person or his agent or OA'erscer reside Avithin teen m iles of the saidpounel and if thc saidknoAvn OAvner or registe'ring ])e!rson shall reside at a greeater distance anel liaA'e no know n age'ifi. or overse'cr i-esieling Avithin ten m iles such notice shall be sent by the general post to the place of rcside'nco o f such owner or person registen’ing his branels or to his agent or eive'rsccr anel ewe'ry simh notice shall contain thee same particulars as arc requireel to bo given te> tliee pounellcceeper liy the person im pounding the same and ;ilso shall contain notice of thc tim e Avhen and place Avhere thc said cattle she!cp goats or SAvine Avill be sold if not sooner released from thc said pound and also the sum of m oney for Avhich the same Averc impouneled and if neither oAvner nor agent nor overseer be knoAvn to the said poundkeeper and the brands on such cattle sheep goats or SAviue have not been registered th(!n the poundkeeper shall cause the lik(! notice to be posted at tbe nearest Court o f P etty Sessions and a noti(‘(! in tbe form in the Scheduli! marked C liercunto annexed to be inserted in the next Qocernmcnl (Jazcllc AAdiich shall be published afti'r the |
expiration
| 3020 | No. 36. | 19̂ VIC. | 1855. |
| Impounding. |
expiration of twenty-four hours from the time that such cattle sheep goats or swine Avcrc impounded and in which it shall be possible to cause the same to he inserted hut when the cattle impounded under the ju’ovisions of this Act shall consist of sheep goats swine or calves and he not more than tfvo in number it shall not be necessary to give any other notice of such impounding than by affixing notice thereof on the pound in the manner hereinbefore directed Provided that no such notice as aforesaid shall he delivered or left as aforesaid hut shall in all cases if the person being such owner or registering person or his agent or overseer shall by Avriting addressed to the poundkeeper so require be sent by the general post.
Fees for sending
| notices of impound | 19. The keeper of any public pound shall and may laAvfully |
| ing. | demand and receive for his own use from every owner of such cattle sheep goats or SAvinc or person registering his brands for every notice in Avriting of cattle impounded as aforesaid sent to the owner of any cattle sheep goats or swine impounded registering person or his agent or overseer as by this Act required Avhere the said OAvner person agent or overseer shall reside Avithin ten miles of the said pound for Avritiug and sending the same the sum of one shilling for each mile of sucrh distance travelled in proceeding to the residence of such oAvner agent or overseer for every such notice sent by general post where tlie same is by this Act required so to he sent the sum of tAvo shillings and six pence and for inserting any notice in the Government Gazette Avhere the same is by this Act required to he done the actual cost of such insertion over and above the charge for sending the same to the Post Office as hereinbefore mentioned Provided that only one notice shall be charged for any number of cattle sheep goats or SAvinc belonging to the same OAvner and imjiounded at the same time. |
| Poundkeepers to | |
| give security. | 20. Previously to the appointment of any such poundkeeper thc Justices in Petty Sessions making such appointment shall require the person so to be appointed poundkeeper to enter into a bond to Her Majesty Avith sufficient sureties in such amount as they may deem advisable conditioned that such poundkeeper shall well and truly perform the duties of such poundkeeper and shall Avell and truly account for and pay over all fees or moneys received by him in sucli capacity as is by this Act directed. |
| Penalty on neglect |
| of duty on part of | 21. I f any poundkeeper shall take or demand any greater sum |
| poundkeeiier. | for the impounding of any cattle sheep goats or swine or for pound fees or fees for damage or for sustenance or for doing any other matter or thing than such poundkeeper is authorized by this Act or by the Justices in Petty Sessions assembled or shall fail to pay to the person impounding any cattle sheep goats or SAvine any damage he may have received from the OAvner of such cattle sheep goats or swine an account of any such impounding or shall neglect or fail to provide proper and sufficient sustenance to any cattle sheep goats or SAvine impounded or to take due care thereof respectively or shall ride or use any cattle sheep goats or sAvine or if the keeper of any pound shall fail to comply Avith or shall offend against any of the provisions of this Act or other wise misconduct himself as such poundkeeper every such person so offending shall on conviction before thc Justices of the Peace assembled in Petty Sessions at or nearest to the place for Avhich such poundkeeper is shall or may have been acting forfeit and pay a penalty not exceed ing fifty pounds and at the discretion of the Justices before whom such conviction shall take place lie removed from his office of pound- keeper. |
| Proceedings of tlie |
| poundkeeper respect | 22. Where any impounded cattle shall not be released from the |
| ing unclaimed cattle | said pound by the OAvner thereof or by some one on his behalf within |
| prior to sale. | seven days after notice has been given to the said OAvner agent or his overseer by delivering the same to him personally or by leaving the |
same
| 1855. | VIO. | No. 36. | 3021 |
Im'pouuding.
same at Iiis usual place of abode or within twenty-one days after notice shall have been dispatched through the general post or inserted in the Government Gazette as the case may require which periods of seven days and twenty-one days respectively shall he reckoned exclusive of the diiy upon which the said notice shall have been delivered or dispatched or inserted it shall and may he lawful for tlû said poundk('cpcr to apply to a Justice of the Pea(^e not being a party interested in the said matter for an order for thc sale of the said cattle and the pound- keeper shall at the time of thc said application pi'oducc and slunr to thc said Justice thc pound-hook kept by him :is by this Act directed or an extract of so much thereof as may apply to the case and also sucli other proof by thc oath of thc said poundkeeper or others as tlû said Justice may require that he has complied with thc terms and provisions of this Act and thereupon thc said Justice shall and may if in’; lie satisfied that thc said ttnaiis and provisions have been complied with mak('. an order under his hand authorizing thc sale of tlu; said cattle or otherwise shall first direct such acts to lie done as shall have; heen omitted and in the mean time shall susjiend the order for tin' said sale until a future day to he appointed anew by him and until tlie said terms and provisions shall have been complii'd with notice of which suspension and future time of sale shall he given by the said pound- keeper to the owner his agent or overseer personally or at his usual place of abode or through the general post or hy insertion in the Government Gazette as thc case may require and in the same manner respectively as hy this Act is provided for giving thc original notice of impounding Provided however that where any such delay and suspen- proviso—if suspen
| sion of sale shall he made necessary in consequence of the neglect of | , | « | hy | ot pound" |
the said poundkeeper the costs of all further proceedings and notices kcepo?.
as well as of thc future feeding and maintaining of the said cattle
shall he borne hy the said poundkeeper.
23. Every such poundkeeper shall at the termination of every Jiontiiiy account
calendar month furnish to the Clerk of thc Pett y Sessions of the dis- by''p,HJlKlkeepCT
| trict in which any such pound may he situatt'd for the information of eicrks o fP e tty Scs- the Justices composing such v e tty Sessions and lor disposal as herein oupi, « tiu ind*to be provided an account in writing in the form and containing the scvcral '’V | I | Cl | cii | t | rt SI 111 t t i ' d | t o |
particulars set forth in thc Schedule to this Act annexed marked D ofcoioniaiTreasurer.
all impounded cattle sold during the previous month and thc Clerk of the Petty Sessions immediately on receipt of such account shall pro ceed under thc orders and directions of the said Justices to verify thc same and to compare tlic entries of sales with thc notices thereof req^uired to he given hy this Act and shall cause any error or omission therein to he duly rectified hy such poundkee])er and on being satisfied of the correctness of such account shall forward the same with a cer tificate of the correctness thereof forthwith to the said Colonial Trea surer and a copy of such account shall also he affixed hy such Clerk of Petty Sessions on some conspicuous part of the Court House of such district for at least one month for general information and if any rcnaity on pouna-
poundkeeper or Clerk of Petty Sessions shall fail or neglect to do and
| perform the several matters hereby directed hy them respectively to | “ |
| lie done and performed or any of them he shall forfeit and pay any sum not exceeding five pounds for every such olfencc'. |
24. All sales of impounded cattle under and hy virtue of this Timo an.i mode or
Act shall take place on thc tenth day after the same shall have been catnilam’i'
impounded in all cases where notice of impounding shall have been ■“'t puroiia-su.
given to thc owner or his agent or overseer by delivering thc same to
him personally or hy leaving thc same at his usual place of abode
and in all otlicr cases on the twcnty-fourtli day after such notice
shall have heen dispatched through thc general post or inserted in tlie
Government Gazette unless the said tenth day or twenty-fourth day
as
| 3022 | No. 36. | 19̂ VIO. | 1855. |
| Impounding. |
as the cas(i may l)c shall liappcii to be Sunday or Christmas' J)ay or Good Friday and then on the Ibllonin" day and unless tlic sale he suspended hy order of the competent Justice as hen'in- heibre mentioned in which case the sale shall take place upon the day appointed anew hy the said Justice, and all such sales shall take ])lace at the public pound Avhere the said cattle shall have been impounded and shall commence at the hour of noon and not more than ten head of sheep or goats or live pigs shall be put up in one lot and not more than one horse or one lu'ad of any otlun* cattle and neither the person who impounded the said cattle nor thc keepi'r of the said pound nor his surety nor the Justice who made the order for the sale shall either personally or hy any other purchase the said catth; or any ]oart thereof upon pain that every person otFending therein shall forfeit and pay for every such purchase contrary to the true intent and nu'aning hereof the sum of five pounds.
| I’onndkcepi’r to ro- | 25. | It sluill hc lawful foi’ cvcrv poundkccpcr appointed under rcceivc thc price of any impounded cattle sheep goats or |
| nnd after deducting | swine which shall hc sold under and hy virtue thereof and to ayiply |
| to ])ay Ifal.Tnce tothc same first in thc payment of all lawful fees and rates next in | fees and d.ainages | |
| Coioiiiai Trciisurer. payment of tlic suiii duc to the person at Avhose instance thc same Avere impounded and tin; residue he shall pay over to thc Colonial Treasurer of the Colony and such moni'vs shall be held hv him iir | ||
| ||
| ||
| Cattle trcspassinir 2G. It shall bc laAvful foi’ tlic pci’son entitled to impound to anTie.ra'n-atra*’<ie-*̂ sciid uuy cuttlt! slicop goats 01’ sAviuc fouiid ti’Cspassiug to their OAvner | ||
| iiiaiKifd ibidamages oi’ liis knoAvii agoiit 01’ ovcrseci’ and to demand paym ent o f thc am ount of damage done according to such rate and thereupon such OAvner or his agent or overseer shall and hc is hereby required to ])ay the same as and for a satisfaction of the said trespass and if the OAvner o f any such cattle sheep goats or SAvine or some person in his behalf shall not pay the am ount o f such fixed rate of damage upon thc same being demanded tlu; party aggrieved by such tres])ass m ay instead of im pounding the cattle sheej) goats or SAvinc m ake his com plaint to a Justice of the Peace and such Justice shall sum m on the OAvner of any cattle sheep goats or SAvinc so having trespassed to appear before tlie |
J ustices o f till! Peace assmnbled and sitting in P etty Sessions at or
nearest to the place AAdiere the said trespass Avas com m itted and sum m arily inquire into and hear and determ ine upon thc m atter o f sucli com plaint and upon satisfactory proof that such cattle sheep goats or sAvine had trespassed as alleged and of thc neglect or refusal o f the OAA'iier to pay the damages claimed to order and aAvard that tlie dam ages so claim ed be im m ediately paid and upon neglect or refusal to obey such order to issue their Avarrant to levy the same together AA'itli such costs as to the said Justices shall a}>]iear ju st and reasonabh!.
| Where damages or | 27. | In case any cattle slieep goats or sAvine shall be impoundi'd |
| puted catth* to beand a larger amount of damages claimed than thc scale authorized hy | iini)imn(lin<f dis | |
| given up but iKimui the Justiccs asscuibh'd in Petty Sessions as for ordinary damages and li.aiuju’-es'iui'tu oAviiei’ of sucli cattlc shi’i']) goats or svA'ine shall dispute tin; | ||
|
| 1855. | 19° VIC. | No. 36. | 3023 |
| Impounding. |
committed by such cattlc sheep goats or swine or shall deny the legality of such impounding then and in any such case such owner may allow the cattle sheep goats or swine to remain in sucli pound until the case shall he decided as her('inaftci‘ ]>rovided or otherwise ])ay the damages demanded with the authorized pound lees and release the said cattle slu'ep goats or swine giving at tin*, same time notice in Avriting to thc poundkeeper that he intends to appeal against such damages or impounding as the case may be and upon the receipt of any such notice such poundkeeper shall not pay over to the im pounding party such damages but keep tlic same in his possession until the decision of the Justices sliall be given as hereinafter provided.
28. The owner of the cattle sheep goats or swine so impounded justices to inquire
aj payment of the damages and fees then on receiving a written order to tliat effect from thc Justices or one of them adjudicating in such case thc poundkeeper shall hand over to the party impounding the amount of damages he has so received but if it shall appear to the said Justices that such impounding A\ns illegal or that the damages claimed Averc excessive and that the ordinary damages as settled by such Justices Avould have satisfied the merits of thc case then such J ustices shall order accordingly and shall assess the amount of coi^- pensation for loss of time labor additional pound fees or othervAdse which the owner of such cattle so impounded illegally or upon Avhich such excessive damages may have beem claimed shall bc entitled to in consequence of any such illegal impounding or claim of excesswe damages and such OAvner shall recover the same as hereinbefore directed for the recovery of any damages according to any rate so alloAved as aforesaid.
where the impounding or damages shall be disputed as aforesaid inay Justices shall summarily inquire and examine into and hear and determine such complaint and upon satisfactory proof of such trespass and of the injury done or damagt's sustained or of the legality of the impounding respectively such Justices shall order and award that tbe damages so claimed are legal and proper and thereupon if the cattle so impounded shall have continued in the pound the same course shall be observed in regard to their detention sale and other matters as if they had been impounded under ordinary circumstances excepting that they shall not bc released by the OAvner thereof until payment be made of the damages so confirmed by tlic Justices as aforesaid and in case the owner shall have released the said cattle sheep goats or SAvinc I
make his complaint to any J ustice of thc Peace Avbo shall summon of iin|)omiding.
the person complained of to appear before the Justices assembled in
29. I f any person shall rescue or incite or assist any person to Penalty for rescue
rescue any cattle slu'ep goats or SAvine Avhi(;h shall have been hiAvfully breadn’'*°”̂
seized for the purpose of being impounded or shall break doAvn injure
or destroy any pound legally comstituted Avhether any cattle shall be
impounded therein or not or shall commit any pound breach or rescue
whereby any cattle of any descrijition shall escape or bc enlarged from
any such pound or shall rescue or attempt to rescue or in any manner
interfere Avith any cattle Avhich may hav'e been impounded and thtm
in the charge or custody of any poundkeeper every such person upon
conviction of any such offence before such Justices as aforesaid
assembled in Petty Sessions shall forfeit and pay a penalty not
exceeding tAÂ enty pounds and it shall be laAAd'ul for the said J ustices to
avA'ard the Avholc or any portion of such penalty to the person or
persons on Avhose behalf such cattle Avere distrained.
| 30. Any poundkeeper may send any cattle sheep goats or sAvine Pfuncikeeper may | 1 1 | i. | ̂ ̂ | 1 take cattle &c. out |
which may Jiave been impounded out of sucli pound at such times and of pound to feed or
| 3 Z---yOL. 4. | to Witter. |
| 3024 | No. 36. | VIC. | 1855. |
Impounding.
to such places as he may see fit for the purpose of feeding grazing or watering of any such cattle Provided all such cattlc sheep goats or swine shall be placed in some secure yard or other enclosure each night and that such cattle sheep goats or swine shall not be taken more than six miles from any such pound and every poundkeeper so allowing any such cattle sheep goats or swine to leave such pound shall be personally responsible for the value of the same if any of them be lost or not fortlicoming in consequence of being so allowed to leave such pound without reasonable guard or security.
s tra y animals not to 31. It shall uot be lawful foi’ any person to drive any catflc
ouUiotL‘‘tô Jwnfr‘ sheep goats or swine from the land and out of the herds or flocks of any
of run where they are.other person without first giving notice to such last-mentioned yierson
his overseer or bailiff of the time he intends to drive away such catt le sheep goats or swine and any person who shall drive away any cattle sheep goats or swine other than his own or his master’s or cmploy(;r’s from the land and out of thc herds or flocks of any other person or Avho shall fail to give such notice as hereby required or who shall enter upon any other person’s lands for the ymrposc of driving any such cattle sheep goats or swine or shall attempt to drive tlie same without giving such notice shall on conviction of every such offence forfeit
| Fine not to exceed | and pay any sum not exceeding ten pounds and shall and may be |
| ten | pounds. | apprehended on the spot by the owner or agent or other person authorized by such owner and taken before the nearest Justice Avho shall admit such person to bail to appear at the Court of Petty Sessions to be holden nearest to sueh place to bc dealt with accordingly Provided that no such entry shall be made on the lands of another more than once in three consecutive months. |
| Owners of entire | 32. Thc owner of any entire horse or bull above tlie age of one |
horses and bulls
| trespassing to pay | year which may be impounded or detained under the provisions of |
| £5 damages. | this Act shall be liable to pay by Avay of damages for every such horse or bull any sum not exceeding five pounds to the party impounding any such animal besides all the legally authorized poundage fees and if the owner or other authorized person shall not release any such animal and such animal shall not realize at the poundkeeper’s sale sufficient to pay the said sum of five pounds besides the poundage fees as authorized by this Act such owner shall pay the balance to such impounding party to be recovered before any two Justices. |
Occupants of Crown 33. Any person in occupation of land by lease license or other
lands may impound, authority granted by or on behalf of the Crown is hereby empoAvered to impound any cattle sheep goats or swine trespassing thereon Provided that it shall be laAvful for any occupier of any such land through which any public road or thoroughfare may pass such land not being enclosed to impound the cattle sheep goats or sAA'ine of any person who may be travelling along or through any such road or who may stoji upon such land during one night or day for necessary rest provided that such cattle shall not be at a greater distance from thc centre of such road or thoroughfare than one quarter of a mile and that no such cattle shall be affected Avith either of the diseases known as catarrh or scab or other infectious disease.
| This Act not to pre- | 3 4 . Nothing herein contained shall extend or be construed to |
| speciaUiaSiges. | prcvcut the OAViicr of any lands trespassed upon from Avaiving tbe ordinary damages estimated assessed and allowed in manner required by this Act and claiming in any competent Court full satisfaction for any special damage sustained by him in consequence of any trespass Provided that if the plaintiff in any suit or action for special damages shall not after waiving the ordinary damages rccoA’er more than the amount of such ordinary damages then he shall not be entitled to or recover the costs of the said suit or action from the defendant in the same but the said defendant shall be entitled to or recover from |
the
| 1855. | 19̂ VIO. | No. 36. | 3025 |
| Impounding. |
thc plaintiff the costs incurred hy the said defendant And if the plaint iff in any svdt or action for such special damage shall after waiving the ordinary damage hecome nonsuit or discontinue his said suit or action or a judgment hc given against him therein thc defen dant in the said suit or action shall be entitled to and recover double costs from the said plaintiff.
35. Whenever any fine penalty or forfeiture shall have been im prisonm ent in
imposed under the provisions of this Act and the person convicted shall not forthwith pay thc same it shall be lawful for thc convicting Justices to order that the same bc levied by distress and sale of the goods and chattels of such offender or in default of such distress or in the discretion of such Justicewitliout ordering any such distress to direct that such person bc imprisoned in any gaol or bouse of correction in the said Colony with or witliout hard labor as he shall think fit for a period not exceeding two calendar months if thc ])cnalty shall not exceed ten pounds and for a period not exceeding four calendar months if thc penalty lie above ten and not exceeding twenty pounds and for a period not exceeding six calendar months if the penalty be above twenty pounds and such person shall be detained accordingly unless such respective penalties and costs shall be sooner paid.
36. A ll offences und(;r this Act shall and may bo heard and Proceedings to be in
determined in a summary way before any two or more Justices in Petty Sessions as by law or this Act is or shall bc provided and no proceedings under this Act shall bc removed by certiorari into the Supriime Court and all thc forms of information summons warrants orders and convictions under this Act may be prepared in the form required by thc Act of Paidiament passed in thc S(!Ssion of the eleventh and tw(‘lflli year of thc reign of Her Majesty Qutsen A îctoria intituled “ A u A ct to facilitate the performance o f the duties o f Justices o f “ the le a c e out o f Sessions within Jdngland and Wates toith respect to “ summanj Convictions and Orders ” Provided always that such pro ceedings shall not lx; invalidated if prepared in any other form Avhich may substantially mcid thc merits of thc case.
37. Any pi'rson ordered or adjudged to pay any snm fine penalty Appeal allowed,
or forfeiture amounting to the sum of twenty pounds Avho shall think himself aggrieved by the judgnumt of the Justices adjudicating or bcl'oro whom he was convicted may appeal to the next Court of Gemn’al and Quarter Sessions to be holden at or nearest to the district within which the same shall have taken place upon giving immediate notice to thc J ustices of his intention so to appeal and finding sufficient security to their satisfaction for duly prosecuting such appeal at the said next Court of General and Quarter Sessions and for alnding the deter mination of thc said last-mentioned Court thereon and tlie Justices in sneh General and Quarter Sessions assembled arc hereby authorized and required to hear and determine the matters of such appeal in a summary way and cither to confirm or set aside the said conviction and to award such costs to either party as to them shall seem reason- j,ble and such decision shall bc final and conclusive.
38. Any judgment or conviction duly made under this Act C onvictionunderthis
sliall and may bo pleaded in bar oi any suit action or inlormation pi-oceedings.
which shall be commenced instituted or prosecuted for such and the
same cause or offence in any other Court whatsoever.
39. Prom and after the commencement of this Act the several Repeal of Acts.
Acts hereinafter mentioned shall bc and thc same are hereby repealed excepting as to any matter or thing done under or by virtue of any such Act or any offence committed against any such Act all whicli ofiences may be heard and determined under this Act that is to say—
An Act of the Governor and Legislative Council passed in the fourth i Wm. iv. No. 3.
year of the reign of His late Majesty King William the Ponrth and
numbered
| 3026 | No. 36. | YIO. | 1855. |
Impounding,
| numbered three intituled | “ An A ct to repeal an A ct o f the Governor and |
“ Council o f New South Wales intituled An A ct to authorize the erec- “ ‘ tion o f Founds and fo r regulating the impounding o f C attle’’ and to “ make further and other provisions in lieu thereof” and also an Act
| 4 Vio. No. 1. | of the said Governor and Legislative Council passed in the fourth year of the reign of Her present Majesty and numbered one intituled “ A n A ct to amend an A ct intituled ‘ An A ct to repeal an A ct o f the “ ‘ Governor and Council o f New South Wales intitided ‘A n A ct to “ ‘ authorize the erection o f Founds and fo r regulating the impou/nding “ ‘ o f Cattle’ and to make further and other provisions in lieu thereof’ “ and to extend the provisions thereof” and also an Act of the said |
| 9 Vic. No. 7. | Governor and Legislative Council passed in the ninth year of the reign of Her present Ma-jesty and numbered seven intituled “ An A ct “ to amend an A ct intituled ‘ An A ct to repeal an A ct o f the Governor “ ‘ and Councit o f New South Wales intituled ‘ An A ct to authorize “ ‘ the erection o f Founds and fo r regtdating the impounding o f Cattle’ “ and to make further and other provisions in lieu thereof’ ” and |
| 14 Vic. No. 42. | also an Act of the said Governor and Council passed in the fourteenth year of the reign of Her present Majesty and numbered forty-two intituled “ An A ct declaratory o f the right o f occupants o f Croivn “ Lands to impound Cattle and other animals found trespassing “ thereon ” Provided that any moneys which may at thc time of the passing of this Act have been collected or received under the pro visions of any of the said Acts and remaining in thc hands of the Colonial Treasurer or any poundkeeper respectively shall go and lie applied as by the said Acts or any of them is provided anything in this Act to the contrary notwithstanding. |
| Title. | 40. This Act may be cited as “ The Impounding Act of 1855.” |
| SCHEDULES | H E E EllllE D | TO. |
| (A.) |
T a b l e s of Rates to bc charged for trespass of cattle and the sustenance thereof whilst
| impounded in the District of | ' | under the provisions of the |
| Act of Council 19 Vic. No. 36. |
Fixed by the Justices in Petty Sessions assembled at
| on the | day of | 185 | . |
| In any forest or | In any garden |
| open pasture | Ill any paddock | uncut meadow | Am ount to bc |
| Description of Cattle | land open | of grass en | or growing | charged daily |
| stubble alter | closed by a good | crop of any kind | for sustenance |
| trespassing. | grass or other | and substantial | enclosed by a | whilst |
| unenclosed | fence. | good substantial | impounded. |
| land. | fence. |
| £ | s. | d. | £ | s. | d. | £ | s. | d. | £ | 3. | d. |
For every horse mare gelding
colt filly ass mule bull cow
| ox heifer steer calf | . . | 4 |
For every ram ewe sheep or
| lam b. . | . , | . . | .. |
| For every goat | . . | .. | |||
| For every p ig . . |
|
Clerk of Petty Sessions.
Allowed by His Excellency the Governor.
Colonial Secretary.
(B .)
| 1855. | 19° VIO. | No. 36. | 3027 |
| Impounding. |
(B .)
FOllM OF POUNDKEEFER’S BOOK.
nd
| I | s | c 'o |
| 1 . | O CO |
| c; cc | s | | 11 | -= t- | £ S |
| rr.M | fe-g | ̂O |
| Date. Tiiiio. | Owner. | C «3 | ■B ° |
| O O | J |
| ̂ s | 111 | w g. | cC | • — |
| g'S | ||||
|
| . _ o o . | §S | |||
|
| P | «.2 |
| H c | l ° | | H.2O | (Sc |
(C.)
Form o f Advertisement in the “ Government Gazette!’
TM POUNDED at (Jierc state the place the number and kind o f cattle and where and how
| ,1 | . branded!) |
I f not claimed to be sold on
| A. | B. Poundkeeper. |
Where there is no brand thc animals are to bc described by stating age colour or
any mark.
(D .)
| Jhirtieulars o f thc Sale o f Cattle at | fo r the Month o f |
Order o f the Pellij Sessions o f
| Descrip | Gross | Particu |
| Brands | To | Net | To |
| Date of | tion | amount | lars of |
| or | wlmm | produce | whom | K em auks . |
| Sale. | of | of | exi>enscs |
| Marks. | sold, | of sale. | paid. |
| Cattle. | Sale. | deducted. |
| Dated at | the | day of | 18 | . |
| Examined by order of the said Petty I | A. B. |
| Sessions and certified to bo correct, j | Poundkeeper |
| C. | D. Clerk of Petty Sessions. |
| No. | X X X V IL |
0
0
0