Cattle Stealing Prevention Act 1853 (Qld)

Cattle Stealing Prevention Act 1853

An Act for the better prevention of cattle stealing and the sale of stolen cattle

1 [Repealed]

2 Construction of terms In this Act— cattle includes horses, mares, fillies, foals, geldings, colts, bulls, bullocks, cows, heifers, steers, calves, sheep, lambs, goats, pigs, mules, and asses. vendor means the auctioneer or other agent of such vendor, as well as such vendor.

3 Restitution of stolen cattle may be awarded (1) Any justice of the peace, upon complaint or information on oath that any cattle suspected to have been stolen is in the possession of any person, may issue a summons to such person, requiring the person to appear at a time and place mentioned in such summons, before any 2 justices of the peace; or, in the discretion of such justice, may issue a warrant in the first instance to apprehend and bring such person, at a time a place mentioned in such warrant, before any 2 justices of the peace; and also, if such justice shall think fit, may issue the justice's warrant to any police officer, commanding the police officer to seize any such cattle suspected to have been stolen, and detain the same until such information or complaint shall have been disposed of. (2) And if, on the appearance of such person so summoned or apprehended, or on proof of the service of such summons personally, or by leaving the same at the usual or last-known place of abode of such person, 2 days before the person was required to appear, it shall seem to such justices, after hearing evidence on oath or affirmation that such cattle were stolen within the period of 1 year preceding from the person making complaint or laying the information, it shall be lawful for such justices to adjudge that person to be the owner of such cattle, and to issue a signed warrant, to any police officer of the State, commanding the police officer forthwith to seize such cattle, wheresoever the same may be found, and to restore and give peaceable possession thereof to the person so adjudged to be the owner, as aforesaid. (3) However, nothing herein contained shall be construed or taken to discharge any person from any criminal prosecution for a crime to be afterwards brought against such person, or to prevent the justices committing such person for trial, or to deprive any person of any right he or she may have, or might have had before the passing hereof.