The Law of Impounding in Victoria, Comprising the Pounds Act, 1890, With Introduction And Notes
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40 THE POUNDS ACT 1890. Section 9. The Pounds Act 1874. No. 478 s, 14. Rule of law. Tillage land. Procedure. the cattle of one trespass upon the land of the other the latter may " impound them, notwithstanding the absence of a fence ; Butcher v. Smith, 5 W.W. & a'B. (L.) 223. Under sec. U of the Pounds Act 1874 (No. 478) passed subsequently to the decision in Butcher v. Smith, no cattle, with certain exceptions, were liable to be impounded from unfenoed land without notice to the owner, unless ...the cattle had been fovind trespassing a second time within twelve months. This section, however, is repealed, and Butcher v. Smith applies'to the present law. Cattle may be impounded from unfenced land, except land leased or licensed under the Land Act (see notes to sec. 31), subject to the trespass rates payable under this section. As to the obligation to repair fences, the general rule of law is that a man is only bound to keep his cattle from trespassing on the land of another ; Boyle v. Tamlyn, 6 B.
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