Oyster Fisheries SCHEDULE B Whereas (insert the name, place of abode, and calling of licensee) has applied Section 12 to me to grant him a license to fish for oysters, and has paid into my hands the sum of for the same: Now therefore I do hereby license the said to fish for oysters in the public oyster beds situate within (here state the limits) during this present year, at all lawful times, and for all lawful purposes, and subject to the Regulations made under The Oyster Fisheries Act, 1881.' day of WESTERN AUSTRALIA ANNO QUADRAGESIMO QUINTO VICTORIÆ REGINE No. 7 An Act to consolidate and amend the Laws regulating the W [Assented to 16th September, 1881. HEREAS it is expedient to consolidate and amend the laws Preamble regulating the Branding of Live Stock, and to provide for the due Registration of Brands, and to make regulations for collecting Stock on Private Lands: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: : commencement 1. This Act may be cited for all purposes as The Brands Act, Short title and 1881,' and shall come into operation on the first day of January, 1882. 2. From and after the passing of this Act, 'The Branding Con- Repeal solidation Ordinance, 1864,' and The Sheep Branding Act, 1871,' and an Act intituled An Act to amend "The Branding Consolidation Ordinance, 1864," and passed in the 43rd year of Her Majesty, No. 18, shall be and the same are hereby repealed, save and except as to any act, matter, or thing already done, or any proceedings pending, or any liabilities incurred at the time of the passing hereof, under the said repealed Acts or any of them. Clause 3. In the construction of this Act, the following terms shall have Interpretation the respective meanings hereinafter assigned to them, that is to say:'Cattle' shall mean bulls, cows, heifers, oxen, steers, and calves. Horse' and 'Horses' shall mean horses, mares, geldings, Appointment of And Inspectors Every owner of to have a brand, and to register the same by application The Brands Act, 1881 'Stock' shall mean any cattle, horses, or sheep, as defined by this Act. 'Sheep' shall mean any rams, ewes, wethers, and lambs. 'Brand' shall mean any letter, sign, mark, or character impressed or made, or intended to be impressed or made upon any stock, or any numeral in conjunction with a letter or mark. 'Owner' shall mean any proprietor of stock, or his agent, manager, or overseer, or any person authorised to act or usually acting on the proprietor's behalf. 'Run' shall mean any run, station, farm, or place where stock are kept or depastured. 'Registrar' shall mean the Registrar of Brands already or hereafter to be appointed. 'Inspector' shall mean any person who shall be appointed under this Act to be an Inspector of Brands. 4. It shall be lawful for the Governor to appoint a fit and proper person to be the Registrar of Brands, and in case of the death or resignation or removal of such officer from any cause, to appoint from time to time another fit and proper person to the said office, in the place of the one so dying, resigning, or removed; and it shall also be lawful for the Governor to appoint any Inspector or Inspectors of Sheep, for the time being, or such other persons as he may think fit, from time to time, to be an Inspector or Inspectors of Brands. BRANDS FOR HORSES AND CATTLE 5. Every owner of cattle and horses not branded with a registered cattle and horses brand shall, as heretofore, have one brand for both cattle and horses. or a separate and distinct brand for cattle and a separate and distinct brand for horses, and shall make application as hereinafter provided to register such brand or brands (designating in such application the part of the animal marked or intended to be marked therewith), with the Registrar of Brands, in books to be kept by him for that purpose; and the said Registrar of Brands may order any owner of cattle or horses making application to have his brand or brands so registered as aforesaid, and whose proper brand or brands may be similar to any brand or brands before registered under the law heretofore in force or this Act, to make such a difference in his brand or brands as may be necessary to prevent mistake or confusion therefrom, the particular alteration in such brand or brands, however, to be determined on by the said owner, provided that the Registrar of Brands shall be of opinion that such alteration will meet the object required; Under a penalty and if any owner of such cattle or horses, not having a brand duly registered, shall refuse or neglect to provide himself with such brand or brands, or to make such difference, or to register the same as aforesaid within six months after receiving notice from the Registrar of Brands requiring him so to do, unless further time be given by the said Registrar upon reasonable cause shown, he shall forfeit and pay a sum not exceeding Twenty pounds, in addition to any penalty or of £20 The Brands Act, 1881 penalties to which such owner may have rendered himself liable under the provisions of this Act. 6. Such application shall be in the form of Schedule A hereto, and Form of applicashall be delivered or transmitted to the Registrar, together with such tion, Schedule A fee or fees as are by this Act prescribed, and upon the receipt of such application, together with such fee or fees, the Registrar shall, subject to the provisions of the last preceding section, register the brand or brands so applied for, and shall deliver or transmit to such person a Certificate of certificate of the registration of such brand or brands in the form of registration, Schedule B hereto. Schedule B 7. The following fees shall be payable and shall be delivered or Fees transmitted to the Registrar together with such application :— (a) When the application is for one brand for horses and cattle, a (b) When the application is for a separate brand for horses, and 8. It shall not be lawful for any person to register as a brand under this Act any numeral or numerals, except in conjunction with a letter or mark. 9. All cattle above the age of one year, and all horses above the age of two years, not branded on the hide with a registered brand, when at large in the bush, or trespassing, may be deemed wild cattle and horses. Provided always that no horses nor cattle which shall have been branded with a brand registered at the time of the commencement of this Act shall be deemed to be wild horses or cattle until after the expiration of the time allowed by the fifth section of this Act for the re-registration of such brand. 10. Any person having reason to believe that any of his cattle or horses are on lands in the occupation of another may (in the event of the occupier of such land refusing permission to such person to search for the same) apply to the nearest Justices of the Peace in the Petty Sessions, who, after notice given to such occupier, shall hear such application, and anything that may be urged in opposition thereto, and shall in their discretion grant or refuse a permission to hunt and collect stray cattle and horses on such and any other lands in the occupation of any person whomsoever, upon such conditions as to such Justices may appear expedient; such permission, if granted, shall be in writing, and shall specify such conditions as may be imposed as aforesaid, and such permission shall be signed by the Justices granting the same, and such conditions shall be signed by the said Justices and by the person applying for the permission; and any person who shall enter upon land for the purpose of hunting, driving, or collecting any stray cattle or horses, or shall attempt to hunt, drive, or collect any stray cattle or horses thereon being, without having obtained the consent of the owner or occupier of such land, or without the written permission of such Justices of the Peace as hereinbefore provided, or who shall contravene such conditions, or any one or more of them, shall on conviction forfeit and pay a penalty of any sum not exceeding Fifty pounds. 11. It shall be lawful for any person acting under the authority in Penalty for neglecting to horses brand cattle and If occupier of land refuses to hunt for cattle give consent to and horses, owner then may obtain permissionfrom Justices Penalty for hunting without authority consent or Justices may authorise any The Brands Act, 1881 writing of any two or more Justices of the Peace (and such Justices are hereby empowered, after giving one month's public notice of their intention so to do, to be posted at the Court House and Police Station cattle and horses from time to time, to grant to such persons as they think proper such person to drive in unbranded Justice may sell unbranded stock Property protected if proof of ownership given What to be deemed unbranded cattle and horses Stock known to unavoidably driven away to be returned to land or herd from which so driven authority within a certain time and district) to collect, drive, and impound all or any unbranded cattle above one year old, and all or any unbranded horses above two years old, found within the district so specified as aforesaid, and for that purpose with his horses and assistants to enter upon and pass over any unenclosed land whatever, doing as little damage as possible; and it shall be lawful for any Justice of the Peace, or for any person acting under the written authority of any Justice of the Peace, to sell the same in manner hereinafter mentioned, and the proceeds thereof, after deducting the expenses of keep and sale of such beasts, shall go and be paid, one moiety thereof, or such greater part thereof as the Governor, with the advice of the Executive Council, shall direct, to or for the use of the person having such written authority as aforesaid who collected and impounded such beasts, and the residue of such proceeds shall be paid to the use of Her Majesty, her heirs, and successors, as part of the general revenue of the Colony. Provided, however, that if at any time prior to the sale of such beasts any person shall prove, upon oath if required, and which oath any Justice of the Peace is hereby empowered to receive and administer, to the satisfaction of the Justices of the Peace under whose written authority such beasts were so collected and impounded, or other of the Justices of the Peace about to sell such beasts or order the sale thereof, his right of property in the said beasts, such beasts shall, without prejudice to the rights of any person possessing an interest therein, be given up upon payment of one pound per head and of the expenses of keep and impounding, and which sum of one pound per head shall in that case go and be applied and paid to the use of the person having, under such written authority as aforesaid, collected and impounded such beasts; and it is declared that no cattle under the age of one year, and no horses under the age of two years, shall be deemed unbranded, but all other cattle and horses not branded on the hide with a registered brand shall, for the purpose of this Act, be considered unbranded. 12. Any person authorised as aforesaid, who shall unavoidably belong to another drive from the land, or out of the herd of any other person, any beast other than his own, or his master's, or his employer's, or such unbranded beasts as he may be so authorised as aforesaid to drive away, and shall not drive such beasts as he has not been so authorised to drive away without delay to the nearest available stockyard, pound, stable, barn, or enclosure, or other fit and safe receptacle for cattle or horses, and shall not then and thence, unless exempted by the owner, drive back all such beasts with all possible dispatch to the land, or into the herds from which they may have been so driven as aforesaid, shall on conviction forfeit and pay a sum not exceeding Fifty pounds. Authorised persons driving in unbranded them in public 13. Any such authorised person as aforesaid may drive and lodge or cause to be driven and lodged such beasts in any public pound, or if cattle may lodge there be none such within three miles of the place where such beasts have been collected as aforesaid, then in any private stockyard or other enclosure, with the consent of the owner thereof, and there detain them until they shall be disposed of under the provisions of this Act; provided that the person so impounding such cattle or horses shall, pound or private enclosure The Brands Act, 1881 within forty-eight hours after such impounding, furnish the nearest Justice of the Peace with a written and accurate statement of the number and description of the beasts so impounded, and of the locality in which they were found; and shall during such detention treat the said beasts with all reasonable food and care, and for which food and care he shall be entitled to demand and receive out of the proceeds of the sale of such beasts if sold, or from any person proving his right of property therein as aforesaid, such fee or charge per head as the Justice of the Peace selling or ordering the sale of the said beasts shall deem reasonable, and such fee or charge however in no case to exceed the amount which shall be by law chargeable by the keeper of the nearest public pound for feeding and maintaining beasts impounded therein: Provided also, that the person so impounding any such beasts as aforesaid in any private stockyard or other enclosure shall afford access thereto at all reasonable hours to all persons wishing to inspect such beasts therein, and shall also post a written notice on the gate, or on some other conspicuous part of the said stockyard or other enclosure, setting forth an accurate description of the beasts so impounded or in his possession, and stating the day on which the same were impounded, and the locality from which they were driven, and such notice shall remain so posted until such beasts shall have been disposed of as aforesaid; and every person who shall neglect to furnish such written statement aforesaid shall, for every neglect, forfeit and pay a sum not exceeding Ten pounds. 14. All sales under this Act of impounded beasts shall take place, free of auction duty and auctioneer's license, on the twelfth day after the day on which notice of impounding shall have been given to a Justice of the Peace as aforesaid, and to which impounding and sale the Justice of the Peace receiving such notice shall give all publicity in his power, by directing notices thereof to be posted in such places as he may think best calculated to attain the object in view, unless such twelfth day shall happen to be on a Sunday, Christmas Day, or Good Friday, in which case such sale shall take place on the following day; and unless the sale be suspended by the order of the Justice of the Peace about to sell the said beasts, and which order he is hereby em powered to make, in which case the sale shall take place upon the day appointed anew by the said Justice of the Peace; provided that when any such delay or suspension of sale shall be made necessary in consequence of the neglect or omission of the person impounding, the costs of all further proceedings as well as of the future feeding and care of the beasts impounded until sale shall be borne by the person impounding the same; and all such sales shall take place at the Police Station nearest to the public pound, stockyard, or other enclosure where the said beasts shall have been impounded, in the presence of a police or district constable, who shall keep a register describing the marks and particulars of all beasts so sold, which register shall be open to public inspection at all reasonable times; and such sale shall commence at the hour of noon, and the said beasts shall be offered in lots to suit purchasers, and neither the person who impounded such beasts, nor the Justice of the Peace who made the order for the sale, nor the person who actually makes such sale, shall, personally, or by agent, purchase the said beasts, or any of them, upon pain that every such person so offending shall forfeit and pay, for every head of stock so purchased, any sum not exceeding Fifty pounds. Persons impounding to furnish Justice tle and horses impounded · with list of cat Impounded horses to be sold cattle and by Justice at noon |