Preamble. Interpretation clause. Live stock im ... ... SECT. 1 ... 2 ... 3 Penalty for false statements respecting imported stock... SECT. 6 Quarterly returns of registered stock ... Summary jurisdiction under this Act ... 8 10 An Act to provide for the Registration of Imported [20th March 1856.] WHEREAS it is desirable to ascertain the number and descrip tion of live stock imported from the neighbouring colonies into Victoria, Be it therefore enacted by His Excellency the Governor of Victoria by and with the advice and consent of the Legislative Council thereof as follows: 1. In the interpretation and construction of the provisions of this Act the following words shall have the respective meanings hereby assigned to them unless inconsistent with or repugnant to the context (that is to say): The words "live stock" shall include sheep and cattle and The word "sheep" shall include rams ewes wethers and lambs. and calves. And the word "horses" shall include horses mares geldings colts and fillies. 2. Any person who shall import into the colony of Victoria any ported into Vic live stock in any number exceeding ten at any one time without registering the same as hereinafter provided shall forfeit and pay a penalty of not less than one pound and not exceeding twenty pounds. toria to be registered. Registration to be made at the nearest police 3. All imported live stock shall be registered by the owner office to the place agent servant or other person in charge of such live stock within the colony. seven days if such live stock shall consist of sheep, and within four where stock enter No. 21. days if such live stock shall consist of horses or other cattle, after 19 VICTORIA, such live stock shall have entered Victoria; and such registration shall be made at the police office or court of petty sessions nearest to the place at which such live stock shall have so entered Victoria, and shall be in the form set forth in the Schedule to this Act Schedule A. annexed marked A.; and such register shall contain and include a correct account of the number brands and description of all such live stock together with such other information as by the said form. is required; and if there shall not be any police office or court of petty sessions held within the distance of twelve miles from the place where such live stock shall have entered Victoria, then it shall be lawful for such owner agent servant or person in charge to register such live stock at the police office or court of petty sessions that may be most convenient to the place where such live stock have so entered Victoria. Provided that the registration may in such latter case be made within six days and ten days respectively instead of four days and seven days as hereinbefore directed. Provided also that it shall not be necessary to register the brands of any live stock under the age of six months. petty sessions it on police office. 4. Any justice of the peace clerk of petty sessions or other Justice or clerk person acting as such clerk shall upon the application of any owner of register stock agent servant or other person in charge of any live stock imported and post copy of into Victoria register the same in the form set forth in the said Schedule marked A., and upon the payment of a fee of five shillings Schedule A. shall give a certificate of such registration containing the information and in the form as set forth in the Schedule to this Act annexed Schedule B. marked B.; and every such justice clerk or other person shall within twenty-four hours after such registration cause to be affixed a fair and legible copy of such registry on the outside of the police court or office or on some other public conspicuous place near thereto, and shall keep the same so affixed for the period of seven days next succeeding such registration. purchasing un ported stock. 5. Any person who shall purchase or be in possession of any Penalty on perunregistered imported live stock above the number of ten within sons knowingly thirty days after such importation shall forfeit and pay a penalty of registered imnot less than one pound nor more than twenty pounds, unless such person shall satisfy the justice or justices before whom the case is heard that such person had reasonable grounds to suppose that such live stock had been duly registered or that such person was ignorant of such live stock having been so imported; and any person who shall within sixty days after importation purchase or have in his possession more than ten unregistered imported live stock and who on being informed that such live stock were imported and unregistered shall not within five days after his being so informed register the same at the police office or court of petty sessions nearest to his residence shall forfeit and pay a penalty of not less than one pound and not exceeding twenty pounds. sons making false statement in regard to im ported stock. 6. Any person who shall knowingly make any false statement, Penalty on peror shall have produce or exhibit any false or counterfeit document in regard to the importation or registration of any live stock with the intent to deceive any person, shall forfeit and pay a penalty of not less than ten pounds nor more than one hundred pounds or be imprisoned in any of Her Majesty's gaols for any period not exceeding three No. 21. 19 VICTORIA, months at the discretion of the justices before whom the case shall be heard. Provided whenever such imprisonment shall be awarded two or more justices shall be required to adjudicate in such case. Quarterly returns of registration to be made to the ral. 7. Any justice clerk of petty sessions or person acting as such who shall register any imported live stock under the provision of Registrar-Gene- this Act shall on or before the first day of January the first day of April the first day of July and the first day of October in each year make a quarterly return signed by the person making the same to the Registrar-General in Melbourne in such form as shall from time to time be prescribed by such Registrar-General of all imported live stock registered by such justice clerk or other person during the period for which such return shall be made; and on receipt of every such return or so soon after as conveniently may be the RegistrarGeneral shall cause the same or an abstract thereof to be published in the Government Gazette. Penalty on clerks neglecting their duty. 8. If any clerk of petty sessions or person acting as such shall of petty sessions refuse or neglect to register any imported live stock or to give a certificate of the same upon the payment or tender of the fee of five shillings or shall in any other way neglect or evade the duties hereby imposed upon him, such clerk or other person shall forfeit and pay a penalty of not less than five pounds nor more than ten pounds. Offences to be mary way. 9. All offences against this Act not otherwise specially provided heard in a sum- for shall and may be heard and determined in a summary manner before any one or more justice or justices; and all pecuniary penalties inflicted or imposed shall go and be distributed, one moiety thereof to the general revenue of the colony, the other moiety to the informer or person suing for the same. Appeal allowed. *Sic. t Sic. 10. Any person ordered or adjudged to forfeit or pay any fine or penalty amounting to ten pounds or upwards who shall feel himself aggrieved by the judgment of the justice or justices adjudicating or before whom he was committed may appeal from any such judg ment or conviction to the next court of general sessions of the peace which shall be held nearest to the place where such judgment or conviction shall have been given or made; and the execution of every such judgment or conviction so appealed from shall be suspended in case such person shall with two or more sufficient sureties immediately before such justice or justices enter into a bond or recognizance to Her Majesty her heirs and successors in the penal sum of double the amount of such fine or penalty which bond or recognizance respecting* such justice or justices are hereby authorised and required to take and such bond or recognizance shall be conditioned to prosecute such appeal with thef effect and to be forthcoming to abide the determination of the said court of general sessions and to pay such costs as the said court shall award on such occasion; and such court of general sessions is hereby authorised and required to hear and determine the matter of the said appeal, and the decision of such court shall be final between the parties to all intents and purposes. 11. This Act shall commence and take effect from and after the first day of June which will be in the year One thousand eight hundred and fifty-six. [Name of Registering Officer] NOTE.-Parties registering will, after signature, inscribe "Proprietor' "or Agent for" "Servant" or "Person in charge" [stating the name of proprietor and name of place from whence cattle have been brought], as the case may be. NOTE.-Registration of brands of live stock of age not more than six months not compulsory. Title of Act. Repeal of Acts. Appointment of trustees. An Act to consolidate the Law relating to Trusts for BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall come into operation on the first day of June in the year of our Lord One thousand eight hundred and sixty five; and shall be called and may be cited as "The Religious Trusts Statute 1865." 2. The Acts mentioned in the Schedule hereto to the extent to which the same are therein expressed to be repealed shall be and the same are hereby repealed; but nothing herein shall in any manner affect any act or thing lawfully done or any appointment made or any right or obligation accrued under either of the said repealed Acts before the coming into operation of this Act. 3. No part of any moneys reserved or appropriated by any law now or hereafter in force for purposes of religion shall be issued towards the erection of any building for public worship or minister's dwelling or towards the stipend of any minister of religion to officiate in any such building, unless the real estate in the site of such building or minister's dwelling-house and of any lands and hereditaments thereunto belonging has been already duly conveyed to some person or persons in trust for the purposes or promotion of public worship; or until trustees not less than three nor more than five in number shall have been appointed by the Governor in Council and such real estate as aforesaid shall have been conveyed to the said trustees upon trust for the erection maintenance and repair of such building |