Trespass Act 1872 Amendment Act 1878 (WA)

WESTE N AUSTRALIA.

ANNO QUADRAGESIMO SECUNDO

VICTOR 41 REG-

4$40**4..:

No. XL

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

[Assented to, 3rd July, 1878.]

WHEREAS it is expedient to amend "The Trespass Act, Preamble. 1872 ;" Be it therefore enacted by His Excellency the 36 via., N0.9.

Governor of Western Australia and its Dependencies, by and with fol 1 rays :—the advice and consent of the Legislative Council thereof, as

1 11 US Act may be cited for all proposes as "The Trespass Short Title.

Act, 1872, Amendment Act, 1878."

2 SECTION Seventeen of " The Trespass Act, 1872," shall be

and the same is hereby repealed; and section Twenty-one of the s.17.	Repeal of 36 Viet., No. 9,
J ustice of the Peace."	scud Act is hereby amended by omitting the words "by any single

3 AND be it enacted, that, if any person shall heretofore have

elected or Party using botuulary

o shall erect a sufficient fence dividing the land held or to pay half.

ccupied by him from the land adjoining thereto and the occupier

42° VICTORIII, No. 11.

Trespass—Amendment.

of the adjoining land shall, after the passing of this Act, in enclosing the same, avail himself of the dividing fence so erected, or any part thereof, then if the said first mentioned land has been alienated from the Crown, such occupier of the adjoining land shall be liable to pay to the person or persons having for the time being an estate for life or other greater estate in such first mentioned land, or if the said first mentioned land has not been alienated from the Crown, such occupier of the adjoining land shall be liable to pay to the lessee or licensee of such first mentioned land the half of the then value of so much of the dividing fence as shall be made available as a fence to such adjoining land; and if the person so liable to pay such half value shall not, on demand thereof by the person to whom it shall be payable, forthwith pay the same, the same shall be recoverable in due course of law as for so much money laid out and expended by the plaintiff for the use of the defendant, or otherwise as the case may be.

Maximum distance for 4 THAT the maximum distance for which persons driving

mileage. stock to pound shall be allowed mileage payment, be Ten miles.

5 SECTION Two of the Trespass Act, 1872, shall be and it is

Sec. 2, 36 V. 9, amended. hereby amended, by omitting the words "in any public pound," and by inserting, in lieu thereof, the words " in the public pound nearest to the scene of trespass."

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

this Act.

H. ST. GEORGE ORD, Governor.

By Authority : RICHA D Pnann, Government Printer, Perth.