Trespasses on Crown Lands Act 1850 No 42a (NSW)

No. XLTI.

A ll Act declaratoiy of tli(' rigJit of Occupants of Crown Lands to iniponnd (.attic and other Animals found trespassing’ thereon. [2nd OcAoher, 1850.]	C howk L ands.
T respasses ok

\ \ T IIE IIE A S doubts have arisen wliether persons who now or may preamble.

Y V liercal’tcr occupy W aste Lands of the Crown under lease license

or other authority gi-antc'd hy or on behalf of the Crown arc entitled to impound cattle or other animals trespassing thereon and it is ex­ pedient to remove such doubts Ec it declared and enacted hv His Declaring t h a t .all

Excellency the Governor of New South Wales w ith the advice and L X w h e lru X all parties w ith their witnesses and to examine them upon oath in a summary way and to assess such damages as may appear to he reason­ able and fair and such assessment of damages shall he final and conclusive between such parties and such Court of P etty Sessions shall have power (if necessary) to order so many of any such trespassing animals to be sold as shall he required to pay all such damages as well as all fees and other charges due to the keeper of any pound in 'which any animal so trespassing shall he impounded.

consent of the Legislative Council thereof That all persons in occupation lease license or other

by lease license or other authority granted hy or on behalf of the Crown the^cl™^are

shall he and are hereby empowered to impound any cattle sheep horses I'oworcii to impound

or other animals trespassing thereon and to drive them (if needs be) XcoLn'i'd

to the next or nearest public pound and in addition to the amount o f

damage chargeable hy law upon any such cattle sheep horses or (>ther o'rdiwinfj'̂ subjM̂^̂

animals so trespassing as aforesaid to charge all costs and expenses comAf"peUy***̂

attending the driving of the same to any such pound Provided always Sessions,

th a t if the owmer or bailee of any animals so trespassing shall he

dissatisfied w ith any such charges he may apply to the Court of Petty

2.   And he it declared and enacted That in any action of rephivin Locus in quo in ncthm

brought for any distress of cattle sheep horses or other animals replevin,

damage feasant beyond the Settled D istricts it shall he sufilcient in

any pleading particular or other proceeding to describe the locus in

quo in the same manner as sucli locus in quo is required to he described

in any action of trespass quare clausum freg it.

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