Queensland Consolidated Acts

CATTLE STEALING PREVENTION ACT 1853 - SECT 4

4 Vendee who delivers cattle, or pays back sum received, may recover from vendee’s vendor

(1) Any person from whom or from whose possession any cattle shall have been taken, under any such warrant as last aforesaid, may recover from the person’s vendor the amount paid by the person as the purchase money of such cattle; and any vendor of such cattle who may repay or be compelled to repay the purchase money the vendor may have received for such cattle, may in like manner recover back from his or her vendor the amount he or she may have paid such lastmentioned vendor as the purchase money of such cattle.

(2) And it shall be lawful for any justice of the peace, upon complaint on oath made by any such person or vendor as aforesaid, or any person on the person’s or vendor’s behalf, that such person or vendor has paid for such cattle, and that such cattle have been taken from him or her, or that he or she, has paid or been compelled to repay the amount he or she received to summon the party selling to such lastmentioned person or vendor to appear before any 2 justices of the peace, or to issue the justice’s warrant for the apprehension of such party selling, and upon the party’s appearance, or in default thereof, upon proof of the due service of such summons, such justices are hereby empowered to examine the parties, or either of them, and their respective witnesses, (if there be any) upon oath, touching the purchase and payment of the amount of the purchase money for such cattle, and the restitution of the cattle purchased by such complainant or the repayment of the sum received by him or her, and to make such order for the repayment of that amount, with the costs incurred in the recovery thereof, as shall to such justices appear reasonable.

(3) And in case such amount shall not be paid forthwith, or at the time to be appointed by such justices, the same shall be levied by distress and sale of the goods and chattels of the party on whom such order for payment shall be made, and if such distress can not be made, or shall prove insufficient, such justices are hereby empowered to cause the party upon whom the order shall be made, to be apprehended and committed to any gaol or house of correction, there to remain for any period not exceeding 3 months unless payment of the said amount, and of all costs and expenses attending the recovery thereof, shall be sooner made.

(4) However, the execution of such order shall be stayed for such time as such justices may order, if the person from whom or from whose possession such cattle may have been taken, or on whom such order for payment shall be made, shall forthwith enter into a bond to the complainant, with 2 sufficient sureties to the satisfaction of such justices, and in such amount as they may think reasonable, conditioned to prosecute to conviction, within the time aforesaid, the person guilty of having stolen such cattle, and such conviction within the time aforesaid, shall supersede the order so made by such justices as aforesaid, and no subsequent proceedings shall be had thereon or upon the said bond.

(5) In addition, it shall be lawful for such justices, on the application of such party and notice to the said complainant, to extend the time aforesaid.