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If sufficiency disputed, Justice may settle question
Goats and swine running loose without a keeper 5s. per head fine
Pounds and poundkeepers to be appointed
Position of pounds
Removal of pounds Displacement of poundkeeper
Notification of appointment
Evidence of appointment
Powers and authorities to be exercised by Justices or Council of Municipality
Governor may advance money for erection of pounds
Cattle Trespass—Fencing—Impounding 30. The term ‘sufficient fence' used in this Act shall be construed to mean any substantial fence reasonably deemed sufficient to resist the trespass of great and small stock, including sheep, but not including goats and pigs. And in every case where any dispute on the hearing of a complaint or information or on the trial of an action shall arise as to the sufficiency of any fence, the question shall be settled by the Justice, or Court, or Court and Jury hearing the same. .
31. Every person who shall suffer any goat or swine in his apparent ownership or in his charge to run loose without a keeper in constant attendance on such goat or swine, within one mile of any enclosed land not being occupied by the owner of such goat or swine: or the person in whose charge such goat or Swine shall be at the time, shall be liable to a penalty, for each head so running loose, of any sum not exceeding Five shillings, irrespective of and in addition to any other fine or damages for trespass to which the defendant shall be subject.
(4) In case it shall appear to the Justice of the Peace to wh9m complaint of any trespass by cattle shall be made that delay in advertising the sale of cattle impounded by a police constable under the provisions of this Act will involve greater expense than the value of the cattle impounded, or that by reason of the condition or health of such cattle a speedy sale is requisite, such Justice of the Peace may, on proof thereof, order the sale of such cattle at such time and in such mammer and under such conditions as he shall think fit.
(5) All sales of cattle made by virtue of this Act shall be made by
delivery taken at the poundkeeper, and delivery thereof taken, at the pound where o, such cattle shall be impounded, by public auction, unless the ordering sale Justice ordering such sale shall otherwise direct as to the shall otherwise I f sal
order place of Sale.
.." (6) Such poundkeeper or any other person selling under the Auctioneer's direction of a Justice of the Peace may sell such cattle withLicense out having taken out a license as an auctioneer—And all such
sales shall be free of auction duty.
Application of (7) In case of such sales of cattle the poundkeeper shall, after
proceeds of sale deducting all fines and penalties, fees, charges, and expenses, including the expenses of such sale, from the proceeds thereof, pay over the balance to the owner of such cattle or his agent forthwith. Or if such owner cannot be found, or shall be unknown, then he shall pay such fines and penalties and balance to the Resident or Police Magistrate of the district: in trust as to such balance for such owner; and the receipt of such Magistrate shall be a discharge to such poundkeeper.
Balances to form (8) In case no claim for such balance shall be made within one
lo. year from such sale, such balance shall merge in and form o ter part of the public revenue of the Colony. Who may not (9) No poundkeeper selling such cattle nor any person selling purchase cattle under the direction of a Justice of the Peace nor the husband impounded nor wife nor child of any person so selling, nor any person impounding such cattle shall purchase at such sale any cattle impoundedorordered under the direction of a Justice to be sold. Duties of pound- 35. The keeper of every public pound shall receive and detain in keeper his custody any cattle which may be brought to him for an alleged trespass. Responsibility (1) He shall be responsible to the owner thereof for every loss or o damage sustained by the breach or non-observance by him ...”. or his servants of the provisions of this Act with reference neglect to impounded cattle, but not otherwise. Period of deton- (2) He shall detain in his custody all impounded cattle until tion of cattle the same shall be replevied or otherwise disposed of or released in due course of law, or until he shall receive the written order of a Justice of the Peace, or of the person impounding such cattle, to deliver the same. On replevy, &c., (3) In either of such cases he shall forthwith, upon payment of of such cattle, all his fees and charges, deliver at his pound such cattle to .." the owner thereof or his agent or any other person duly
authorised to receive the same.
On impounding (4) He shall whenever any cattle shall be impounded in his
too." pound, within forty-eight hours of such impounding, notify
impounding such impounding (in case the person impounding shall not have given such notification, or in case such cattle shall not in the meantime have been claimed or otherwise disposed of by due course of law) by advertisement and in manmer prescribed by section 8, and also give notice in writing of such impounding to the Resident or Police Magistrate of the district in which such impounding shall have been made.
Notice of appeal
To Whom to be given
Power of court of appeal
Reference to repealed Acts to be made to this Act
thing hereby forbidden, and for which a penalty is not hereby provided, he shall, on summary conviction thereof by a Justice of the Peace, be liable to a penalty not exceeding Five pounds.
41. All informations and proceedings hereby directed shall be had and taken before any one or more Justices of the Peace, and all fines, penalties, damages, and fees may be recovered and enforced in a summary manner before such Justice or Justices in manner prescribed by the 14th Victoria, No. 5.
42. Any person aggrieved by any order or conviction made by a Justice or Justices of the Peace under this Act, may appeal to the Supreme Court or the next Court of General Sessions of the Peace nearest to the place where such order or conviction was made. (1) Notice of appeal shall be given in writing, signed by the appellant or some person on his behalf, and the grounds of appeal shall be specified in such notice. (2) Such motice shall be given to the Justice of the Peace making such order or conviction within seven days after the making thereof and be accompanied by a deposit of Ten pounds to answer costs. (3) The Court hearing such appeal shall hear and determine the matter of such appeal, and shall make such order thereon with or without costs to either party as to such Court may seem meet, and shall, if necessary, issue process for enforcing such order.
43. In all cases where reference shall be made in any Act or Ordimance to the Acts or Ordinances mentioned to be hereby repealed, such reference shall be deemed to be made to this Act.
44. Sections A, C, F, G, and H of ‘The Shortening Ordinance, 1858, shall be incorporated with and form part of this Act to all intents and purposes as if the said sections had been introduced and fully set forth in this Act.
45. The Short Title of this Act shall be “The Cattle Trespass, Fencing, and Impounding Act, 1882.”
WILLIAM C. F. ROBINSON,
THE FIRST SCHEDULE REFERRED TO
The ‘Ordinance to regulate the keeping of Public Pounds, and the appointmen of Poundkeepers’ (25 Vic.., No. 13).
The ‘Ordinance to provide Summary Redress in cases of Minor Trespasses” (28 Vic., No. 15).
The ‘Act to amend the Public Pound Ordinance, 1861 (34 Vic, No. 25).