No. 1.

1s41. 5 O QIC. No. 1. 1131

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An Act t o amend and CQlltillue fQr five years mi k t iiititulecl

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-4% A c t f w t l t e ~ to Testmiia the

' ~.cnnzct7~.orixecl occupntion. of C~ottin L a n d s and

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to 2wovide the

^mecliis

of clefraging the eqxiase

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o f

^Y

.a ~ o r d e i . Poiice.'*

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[Brei ~ t ~ n c , 1841.1

c ~ ~ , , ~ ~ LANDS

PATIOP.

UBdljTUolllZEV occo-

_.

HEREAS an Act of the Governor ancl Council of New South p r c m n ~ ~ e .

Wales mas passed in the second year of the reign of EIer

present Majesty Queen Victoria intituled '' Alz Actft'zcrlh,er to wsti*cuk 2 viet. so. 27, 5' the uncctcth~oricccl occqntioiz c7'0201Z. Lc~acls aiacl to pioaide the

~U m c m s qf deJkiying U'zce expense of U B o d e v Police" and wlierea,s klie said Act will expire on the thirtieth day of June one thousand ,eight liuiidred and forty-oue and it is espe'dient to continue the same :for a liuiited period as hereinafter altereci a.nd amenrled Be it therefore .enacteh

by EIS

Excellency the Governor .of Bew Bontli Wa lc s with

the advice of the Legislatioc Council thereof That the said recited Oontieued cor fire ycnrs :I3 mnmdod.

,Act shall be and the same is hereby ftxrther cont.inaec1 for a period of

%re years f ~ o i i i and after the said thirtietll clay of J m e one thousand eight liundred and forty-one subject however t o the alterations and amendments 11 ereinafter provided.

2. And be it enacted That no actio11 at law sliall be bronglit in ^KO action for trcs-

the Supreme Coiirt or aiqf Circnit Court of the said Colony for a,ny tres- ^pR6S liiiiits bc~o''d of location to

pass at any time committed or allegecl t o ~ m v e been committed by any ^bo bmitg1lt until cter the CilSC skdl

person bp liming encroached upou the station or ruii of any party in the

y,,

^{d Y C been} hcsi'd aud

occupation of Crovn Lands beyoud the limits allotted for location ~ 1 p y ~ + Commlsaionur a1 tilt

n&ether sach occupation m s merely on s d e r a n c e prior t o the passing ^district.

of the said Act or by virtne of a liceiise gratitecl either before or after the passing of the same nutil the case shall have been hea,rd aiid cleterinined by the Commissioner of the district in manner provided in the said,recited Act ancl if any such action shall he brought iii the Snpreme Conrt or auy Circnit Court as aforesaid after swli hearing and cleterinination and the verdict of the jury or assessors as tlie case may be shall affirm the clecision of the Coniuiissioner the Judp shall certify t o that effect

and the party in Those favour such ceptificate sha,ll be granted shall ~ ~costs. ~ b i ~

be entitled to treble costs and the certificate of the Commissioner on proof of his handwiting tliercto shall be cleeined evidence of such clecision.

any Coiiimissioner of crow^ La,iids or person acting under his directions ^,xLssi,,g

~,,

^crow,,

t o impouncl any cattle fouud trespassing upon a.ny vacant Crown h n d ^Lnncls mltllitl tllo

within the liniits dlotted for location whether such cattle shall belong lacation.

t o or be claiiiied by any person who may be in the unanthorised occupation of any Crown Land contrary to the provisions of the said .recited Act or shall have no apparent Omyer and the same t o drive or

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3. And be it declared ancl enacted That it shall be lavful for cammissioncrs i l l v

iinpounrl cztt'o tics- limits slhttwl fox

cause

1132 No. 1. 5 O VIC. 1.841.

Crown Lands unauthorized Occupation.

cause to be driven to the nearest pound appointed under the provisions of an Act of the said Governor and Council of New South Wales passed in the fourth year of the reign of His late Majesty King William the Fourth intituled An A c t to repeal ^c112 A c t of the Governor alzd

(( Cowacil of New Xouth Wales intituled An A c t to authorize .the

''

erection of Poz~nds avzd f o r regukLkii~g the impounding

os.

^Cu,ttle

((

'

and to make further mad other provisions in lieu t1LereoJ'

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to be dealt with as is provided in like cases in tlie said 'Act as the same is amended by an Act p?ssed in the fourth year of the reign of Her said Majesty intituled ⁽⁽ An A c t to anaelzd un A c t intituled ' A n A c t to '( 'repeal cm A c t of the Governor and Council of New South Wales

C L intituled An A c t to utcti'lorize the erection of Pounds and f o r reg&

c c

'

lating the ingxxwding of Cattle m d to mcw'ce further m . d other

(' '.provisions ^{r i a} lieu thereor and to extend the provisions thereof"

and t h e term cattle lieroinbefore used shall be deemed to mean .the several and respective animals included within the operation of the said recited Act passed in the fourth year of the reign of His late Majesty King William t,he Pourth.

whcro disputcdlanas 4. And be it enacted That if in the prosecution of any person

itre surveyed "11

behalfof t,,e Orown for being. in the unauthorized occupation of Croaii Lands contrary to

party deeidcd the provisions of the said recited Act a question shall arise whether

double tllC B x I , c ~ 8 s c such lands be or be not the property of the Crown and it become

oftlie survey in necessary on behalf.of the C r o n . ~ to employ a surveyor to determine

penalty for

,,"-

the fact and a decision be given against t,he party under the provisions

autllnriml o c c ~ n - of the said Act such party shall be liable i n addition to the penalty which may be imposed under the said Act to pay double the expenses attending suc.h determination the same to be ascertained and assessed by the Justices before whom the case shall be heard and t o be recovered in like manner as penalties are recoverable under the said recited Act and the amount so recovered shall be applied first in payment of such expenses and the remainder t o the use of Her Majesty Her Heirs and Successors for the public uses of the said Colony and in support'of the Government thereof.

5. Bud whereas by the said first recited Act it was amongst other ,,,la horses thinss enacted that every person licensed to oecupy Crown Lands beyond the limits of location should have a separate and distinct brand for horses and cattle and should register such brands respectively with the Commissioner and that it should be lawful for the said Commissioner to make order for any proprietor last coming into his district, whose proper braaid might be similar to that of a prior occupant therein to make such a d3erence in his brand as might be necessary to prevent mistake or confusion therefi:om the particular change or alteration 'in such brand to be determined on by the said proprietor provided that it should meet the object required and that if any person should fail to have such distinct brand as afores9id or to make such difference and should refuse or neslect t o provide himself with such brands cr t o make such difference m t h i n one month after receiving a notice to that effect unless further time should be given by the Commissioner upon reasonable cause shewn to the satisfaction of the said Commissioner he should forfeit and pay a sum of not less than one pound nor more than twenty

Reeitiw ^S. 14 SS to pounds And whereas by the said first recited Act it is also enacted

i n w u n k n g

sclling unlxmdod and that it should and might be lawful for any such coinmissioner or any

cattle above ono person by his order a t and after the expiration of one year after the.

said Act should take effect to collect and impound any unbranded beasts in his district above one year old and after the expiration of twenty-one days to brand and sell the same and that t h e proceeds thereof should be appropriated t o the general purposes of that Act Provided however that if within tmenty-one days from and after :the impounding of the said, cattle any person should prove to the satisfaction

ngainst shall pay nddition to the tion.

Reciting 4 Viet. Xo.

97 S. 15 :is to brand- ing and W+tcrin6 bmnils with C o n - missioner.

year unlcss chimed.

of

1841. 5O VHC. No. . 2 . I133

Markets.

f t h e sa,icl Commissioner his right of property in the said d t l e and should immediately Irrraud tlie same .Tvith his or her registered brand s u c h beast or beasts slionld be given up on payment of a fine .of ten shilliugs per head And whereas it is eqedieut to adopt

similar provisions within the limits of location Be it enacted That Adnpting t h e snid

the said provisions. shall be

within the limits of locatiou and that t,lie Coiniiiissiouer foor tlie-before- mentioned purposes .shall be t,he Connnissioner nom or hereafter t o be.

appinted who shall reside nearest to the place where >he horses or cattle shall be dep&iired Provided always that 1x0 unhraiidecl beasts shall be collected or sold under' the authority of this Act until the expiration of tvelve months after the same shall take effect.

persons shall be subject to certain penalties mho inag he fouiid occupy- ^exom,,tud

ing. any Crovu Lmds within the limits of location without holding a pen:~lties illlposcri on

valicl lea,se from the Government of New Bout11 Wales for the o ~ c ~ , . o , , , l r

occu~iatioii of the

found to be troublesome and expensive and it is expedie,nt to suhstitnte in some cases aniinal licenses in their stead Be it therefore declared and enacted That no person occupyin,rr Crown Lands wit.hin the said limits of-location and having a diel license for the occupation of the same signed by the Treasurer for the time being bf the said Colony ^01%

such other officer or officers as the Governor i m y appoint slial1 he liahle to any pendty uncler the said Act a.s the same is continued and amended by this Act for occupying suc.11 lauds contrary t o the pro- visions of the said recited Act a,s so continued aiid ameiiclecl.

shall be recovered and applied aiid may be appealed against in t . 1 ~ same maimer as is directed with respect, to penalties reeoveralile uiider the said first recited Act.

9. ilnd be it enacted That this A c t shall co~iimei~cc and take ~ ~ ~ , ~ ~ ~ , ~ ~ ~ , ~ ~ , t

effect from ancl after tlie tliirtiet,li day of June one thousand eight d u r n t i n l l d ~ l e t .

hundred a,iid forty-one and shall theaceformarcl cont,inne in force ibr five years.

provisions within

applicable aucl a1q)lied accordingly tliolimits of locntion.

,. 6. And mliereas i t is pyovided by the said recit.ed Act thatl)evsocis holditq valid licciises imnutliorircd ^OCCLI-

aiid whereas t h e issuing of leases has heeii. I M ~ .

7. Aud be it enwted That tlie penalties imposed by this Act ~eeovcvy Z>WI ~ p p l i . oillell"ltic.i.

An Act to amend an Act intituled

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An Ac't to ' uutlmrize the establishment qf Ncdcets iia

".

certcr.iii. T o m s in the C!olom~ of iVezo Xotrth,

c c

Wa,ies ^{wz~l for} t l ~ e cqqointment' of Commis-

'' sioners to &Unage the sccnae." [29th June, 1841..]

M A ~ K S T ~ .

-

HEREAS by ai1 Act of t,he Governor ancl Council of NervprCnnbic.

South Wales passed in t.he third year of t,he reign of Rer

present Majesty Queen Victoria iiititnled " Aqz, Act to mtho&e the 3 vietoris N ~ . 19.

''

'estcd~lishmeial of iicwkets iq?, ceitcrin Toivns i n the Cdoolt,y of iVezo

''

Sozctlb V a l e s co7cl fov th.e cippoii7tment of Comvtiss%oiie~s to m u m g c '( the S C I I ~ it was amongst other things enacted that if at any public meeting of the free inhabitants of any t o m i in the said Colony such meeting being duly convened a i d held as iii tlie said recited Act is directed a resolutioii be adopted in favoii! of estaldisldng a Market in

3 B-VOL. 2. such