Trespass Act 1872 Amendment Act 1875 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO NONO

VICTORIA] REGINA,.

47*********.******************** ****************

No. XIX.

AN ACT to amend " The Trespass Act, 1872."

[Assented to, 3rd January, 1876.]

HEREAS it is expedient to amend " The Trespass Act, preamble.

wGovernor of Western Australia and its Dependencies, by and with1872 ;" Be it therefore enacted by His Excellency The

the advice and consent of the Legislative Council thereof, as

follows:—

1 THIS Act may be cited for all purposes as " The Trespass Short Title.

Act, 1872, amendment Act, 1875," and the said Act of 1872 and this Act shall be taken and read together as one Act.

2 THE thirteenth and twenty-fourth sections of the said recited Sections 13 and 24 of Tres-

Act are hereby repealed. pass Act 1872, repealed.

3 ANY person or persons who shall knowingly or carelessly ses,st& rece.e roaming about aczn .

suffer any horse, mare, gelding, foal, bull, ox, cow, heifer, calf, or z

in any

any pony, mule or ass, swine, sheep, or goat belonging to him or in

his apparent ownership or in his charge to be tethered, or to

39° VICTORT 7E, No. 19.

Trespass Act, 1872—Anzendment.

clepasture, feed, or roam about, whether attended by a keeper or not, in or upon any street or public thoroughfare forming portion of a townsite, or shall be found trespassing upon any lands within the townsite whether the same be enclosed or unenclosed, and whether they be alienated from the Crown or not, shall on conviction forfeit

Penalty.	and pay for every such offence . a sum not exceeding Two pounds.
Provided always, that if, after the passing of this Act, the Council
Municipal Councils may	of any Municipality shall make and publish in the Government
make scale of penalties.	Gazette a scale of fines, not exceeding the sum aforesaid, and approved by the Governor, to be imposed on persons offending within the limits of such Municipality against the provisions of this section, such persons shall be fined in accordance with such scale. Provided also, that any fine or penalty imposed in respect of any offence under this section shall be paid to the treasurer of the Municipality within the townsite of which such offence was
Proviso.	committed, to be by him carried to the credit of the general revenue thereof. Provided also, that nothing in this section contained shall be construed to apply to any town herd, draught oxen, or cattle which shall be bond fide driven by a keeper, stock. man, or other person straight into, through, or out of any city or town.

No compensation allowed 4 FROM and after the passing of this Act the proprietor or

for trespass on town or	tenant of any town or suburban allotment in any part of the Colony
surburban allotments unless
fenced.	of Western Australia or its Dependencies shall not be entitled under the said Act to recover any compensation whatever for any clainage committed by any live stock trespassing on such allotment unless the portion of such allotment trespassed on shall at the time of trespass be enclosed by a sufficient fence as defined in the said Act.

In the name and on behalf of the Queen I hereby assent to

this Act.

WILLIAM C. F. ROBINSON, Governor.

By Authority : RICHARD PEncsn, Government Printer, Perth.