27 VICTORIA, dog may have occasioned; and such damages shall be recoverable in any court of competent jurisdiction.

No. 229.

Inciting dogs to mischief.

Owner of dog

done to sheep.

25 & 26 Vict.

c. 59 s. 1.

14. If any person shall wilfully set on urge or permit any dog to attack worry or chase any person or any horse sheep or cattle, he shall forfeit and pay any sum not exceeding twenty pounds.(a)

15. The owner of every dog shall be liable in damages for liable for injuries injury done to any sheep by his dog; and it shall not be necessary for the party seeking such damages to show a previous mischievous propensity in such animal or the owner's knowledge of such previous mischievous propensity or that the injury was attributable to neglect on the part of such owner. Such damages shall be recoverable by the owner of the sheep in any court of competent jurisdiction.")

28 & 29 Vict. c. 60 s. 1.

Jurisdiction.

Appropriation

of fees and penalties.

16. All offences against this Act shall be heard and determined and all fines and penalties in respect thereof shall be awarded and imposed and the value of any dog improperly destroyed and the damages (in cases where the amount claimed shall not exceed twenty pounds) for any injury occasioned or done by any dog as hereinbefore mentioned shall be ascertained and recovered in a summary way before any two justices.

17. All fees fines and penalties paid or recovered in or in respect of offences committed in any road district shire or borough shall be paid and belong to the district board or to the council of the said shire or borough respectively.

I the said A.B. [or I C.D. the duly authorised agent of A.B. in this behalf] do declare the above description to be true in every particular to the best of my knowledge and belief.

dogs registered by A.B. of

18
in

the sum of

for

on the thirty-first day of December 18 the particulars whereof following description were given at the time of registration.

for year ending contained in the

Section 6.

Preamble.

Application for outfall to adjoining owner.

24 & 25 Vict. c. 133 s. 72.

An Act to facilitate the Drainage of Land for
Agricultural and other Purposes.

WH

[2nd June 1864.]

HEREAS it is expedient to afford greater facilities for the drainage of agricultural and other lands, Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of the Colony of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. Any person interested in land who is desirous to drain the same, and in order thereto deems it necessary that new drains should be opened through lands belonging to another owner or that existing drains in land belonging to another owner should be cleansed widened straightened or otherwise improved (which person

No. 224.

so interested is hereinafter called the applicant), may apply to such 27 VICTORIA, owner (who is hereinafter referred to as the "adjoining owner") for leave to make such drains or improvements in drains through or on the lands of such owner.

application.

2. Any such application as aforesaid shall be by notice in Mode of making writing under the hand of the applicant, and shall be served on 24 & 25 Vict. the owner and also on the occupier, if the owner be not the c. 133 s. 78. occupier, in the manner hereinafter mentioned. The notice shall state the nature of such drains or improvements in drains; and shall be accompanied by a map on which the land proposed to be drained, and the length width and depth of the proposed drains or improvements in drains shall be delineated; and shall further state the compensation (if any) which the applicant proposes to pay.

3. Every notice under this Act shall be served either by delivery How notice may of the same personally on the party required to be served or if such be served. party is absent from the colony to his agent; or

By leaving the same at the usual or last known place of
abode of such party as aforesaid; or

By forwarding the same by post in a prepaid letter addressed
to the usual or last known place of abode of such party.

Ib. s. 22.

ing owner. Ib. s. 74.

4. The adjoining owner may, by an instrument under his hand Assent of adjoinin the form in the Schedule to this Act or to the like effect, assent to such application upon such terms and on payment of such com- schedule. pensation as he may require and any assent so given shall be binding on all parties having any estate or interest in the land, subject to the following provisions:

:

(1.) That any arrangement entered into by any adjoining
owner under any disability or incapacity or not having
power to assent to such application except under the
provisions of this Act shall not be valid unless the
same is approved by two surveyors, one of whom is to
be nominated by the applicant and the other by the
adjoining owner; and each of such surveyors if they
approve of the arrangement shall annex to the docu-
ment containing the same a declaration to that effect
subscribed by them.

(11.) That any compensation to be paid by the applicant to
the adjoining owner, in cases where such owner is under
any disability or incapacity or has not power to assent
to such application except under the provisions of this
Act, shall be applied in the manner in which the com- See "The Public
pensation coming to parties having limited interests or 1865" Part VII.
prevented from treating and not making title is applic-
able under the provisions of the Act of the Imperial
Parliament cited in England as "The Lands Clauses
Consolidation Act 1845."

(III.) That any occupier or person other than the owner in-
terested in the lands shall be entitled to compensation
for any injury he may sustain by the making of the
proposed drains or improvements in drains, so that the
claim therefor be made within twelve months after com-

Works Statute

27 VICTORIA, No. 224.

See "The Public Works Statute 1865" Part VII.

Record of assent of adjoining owner.

24 & 25 Vict.

c. 133 s. 75.

* Sic.

Dissent of adjoin

of decision.

Ib. s. 76.

pletion of such drains or improvements in drains; the amount of such compensation to be determined in case of dispute in the manner in which disputed compensation for land is required to be determined by "The Lands Clauses Consolidation Act 1845."

5. The applicant shall forward to the clerk of the peace of the court of general sessions having jurisdiction within the place or district wherein or within which the land is situate the instrument containing the assent of the adjoining owner to the proposed drains or improvement in drains; he shall keep the same in his office as a record of the proceedings between the parties.

6. The adjoining owner shall be deemed to have dissented from ing owner. Result the application made to him, if he fail to express his assent thereto within one month after the service of the notice of application on him; and in the event of such dissent there shall be decided by two or more justices in petty sessions assembled, unless the adjoining owner require the same within such period of one month to be decided by arbitration, the questions following (that is to say):

Proceedings

before justices.

Ib. s. 50.

See "The Public

Works Statute

1885" Part VII.

Result of decision.

Ib. s. 76.

Whether the proposed drains or improvements in drains will cause any injury to the adjoining owner or to the occupier or other person interested in the lands:

Whether any injury that may be caused is or is not of a nature to admit of being fully compensated for by

money.

7. Where the justices have cognizance of the case, the same proceedings shall be had as are required under "The Lands Clauses Consolidation Act 1845" in case of a question of disputed compensation authorised to be settled by two justices. And where such questions are referred to arbitration, the same proceedings shall be had as are required by the said Act where any question of disputed compensation authorised to be settled by arbitration has arisen ; subject to this proviso, that the costs of such arbitration shall be in the discretion of the arbitrators.

to

8. The result of any such decision shall be as follows (that is say) :

If the decision is that no injury will be caused to the adjoin-
ing owner to the occupier or other parties interested in
the lands, the applicant may proceed forthwith to make
the proposed drains or improvements in drains.
If the decision is that injury will be caused to the adjoining
owner occupier or other parties interested in the lands
but that such injury is of a nature to admit of being
fully compensated by money, the justices or arbitrators
shall proceed to assess such compensation and to appor-
tion the same amongst the parties in their judgment
entitled thereto; and on payment of the sum so assessed
the applicant may proceed to make the proposed drains
or improvements in drains.

If the decision is that injury will be caused to the adjoining
owner occupier or other parties interested in the lands
and that such injury is not of a nature to admit of being