THE STATISTICAL RETURNS ACT OF 1896.

An Act to Facilitate the Collection of Statistical Infor- 60 Vic. No. 16. mation.*

'B

[ASSENTED TO 16TH DECEMBER, 1896.]

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as The Statistical Returns Act of 1896."

THE STATISTICAL RETURNS ACT

OF 1896.

Short title.

2. This Act shall commence and take effect on and from the first day Commenceof January, one thousand eight hundred and ninety-seven.

ment.

3. The term "person" includes any local authority, society, institu- Interpretation tion, or any body of persons corporate or unincorporate.

General may

4. For the purpose of collecting and publishing statistical information Registrarrelating to pastoral, agricultural, mining, manufacturing, or other pro- deliver forms ducing interests, the Registrar-General may prepare and deliver to such for procuring persons, and in such manner as he thinks fit, any forms prescribed by the Regulations for procuring such information, in order that such forms may be filled up by such persons and returned to him.

Such forms shall specify the nature of the information required by the Registrar-General.

Every person to whom any such form is so delivered shall insert or cause to be inserted therein the full information required thereby to the best of his knowledge and belief, and shall, within one calendar month after the delivery of such form to him, return the same duly filled up to the Registrar-General, or to some person authorised by the RegistrarGeneral to collect or receive the same.

5. (1.) A person who

information.

Penalty for failure to

(a) Refuses or wilfully neglects to fill or cause to be filled up a furnish
form delivered to him as aforesaid; or

(b) Inserts or permits to be inserted in such form any information
known by him to be false; or

(c) Refuses or wilfully neglects, within the time prescribed by the
fourth section of this Act, to return the form duly filled up

to the Registrar-General, or to any person employed on his
behalf to collect or receive the same,-

shall be liable to a penalty not exceeding ten pounds.

information.

(2.) For the purposes of this Act a form shall be deemed to have Lawful been lawfully delivered when served directly upon the person to whom delivery. it is addressed by any person authorised on behalf of the RegistrarGeneral, or when a form is left at or forwarded by post to the usual or last known place of abode of such person.

6. If any person employed in collecting or compiling such statistics Penalty on divulges, makes extracts from, or publishes any information obtained divulging

As to this Act not being affected by The Local Authorities Act of 1902” (2 Edw. VII.
No. 19) except as therein prescribed, see section 6 of that Act, title Local Authorities.
Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts.

collectors

information.

Statistics post free.

Recovery of penalties.

Defendant to prove return of form.

Certificate of
Registrar-
General

prima facie
evidence.

Regulations.

under this Act, except under the direction and by the authority of the Registrar-General, he shall for every such offence be liable to a penalty not exceeding ten pounds.

7. Every letter or packet posted addressed to the Registrar-General, and marked on the outside as Statistics," shall be delivered free of charge.

8. All offences against this Act shall be heard and determined, and all penalties be recovered, before any two justices in a summary way.

9. In a prosecution under this Act it shall be incumbent upon any person charged with refusing or wilfully neglecting to return a form delivered to him as aforesaid to prove that he, within the time prescribed by the fourth section hereof,

(a) Delivered such form duly filled up as aforesaid to some person authorised by the Registrar-General to receive the same; or (b) Deposited or caused to be deposited in some post office such form addressed to the Registrar-General.

10. In a prosecution under this Act

(a) The production of a certificate under the hand of the Registrar-General stating the date and contents of any letter addressed to the defendant, and the date upon which it was lawfully delivered, shall be primâ facie evidence of the contents of such letter and the delivery thereof to the defendant;

(b) The production of the Gazette containing any form prescribed under this Act shall be deemed sufficient evidence of such form and of the contents thereof.

11. The Governor in Council may make Regulations for better carrying into effect the provisions of this Act; and all such Regulations shall, after publication in the Gazette, have the force of law.

STATUTE LAW REVISION.
See ACTS.

STATUTE OF FRAUDS AND LIMITATIONS.

See FRAUDS AND LIMITATIONS.

STEAM ROLLERS.

See LOCAL AUTHORITIES.

THE BRANDS ACT OF 1872.

PART I.

PRELIMINARY.

Definition of

terms used in

this Act.

HORSE AND CATTLE BRANDS.

THE BRANDS ACTS [1872 TO 1905].

An Act to Provide for the due Registration of Brands on
Horses and Cattle.

¶BE

[ASSENTED TO 22ND JANUARY, 1872.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows

I. PRELIMINARY.

1.* The following terms in inverted commas shall for the purposes of this Act bear the meanings set against them respectively unless the context shall otherwise indicate

"Brand"-The permanent impression of any letter sign or character branded upon any stock under the provisions of this Act.

"Brand directory "-The list of brands of stock compiled by the
registrar of brands and published by the Government
Printer.

"Cattle”—Any bull cow ox heifer steer or calf.
"Distinctive brand or mark"-Any brand other than a regis-
'tered brand which the owner is empowered by this Act to
brand upon the‡ cheek of any stock to denote the ownership
of the individual members of a family or a partnership
where a general family or partnership brand is used or to
mark the class age or description of stock or any other
circumstance which the owner may require to mark or any
mark or cut upon the ear or dewlap of any stock.
"District"-Any sheep district as defined in any proclamation
following upon
"The Diseases in Sheep Act of 1867."§
"Drover"-The owner or any person driving or in the possession
or charge of any travelling stock.

"Governor "The Governor with the advice of the Executive
Council.

"Horse"-Any horse mare gelding colt filly ass or mule.

"Inspector" The chief inspector of brands or any inspector of brands appointed hereunder.

"Minister"-The Minister for the time being charged with the administration of this Act.

"Owner"-The owner jointly or in severalty of any brand registered under this Act or the authorised agent or superintendent of such owner.

"Proprietor "The owner or proprietor jointly or in severalty of any stock or the authorised agent or superintendent of such proprietor.

"Register" The register book kept in pursuance of this Act containing a list of the brands of horses or cattle registered hereunder.

For further definitions see section 4 of the amending Act of 1898, infra.

+ " "Brand" includes any prescribed earmark. See section 4 of the Amendment Act of 1898, infra.

Words "neck or "omitted by section 2 of the Amendment Act of 1894, infra. As to interpretation of the term "neck" see same section.

§31 Vic. No. 35, infra, this title.

Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts.

1872.

Brands.

PART LPRELIMINARY.

"Registrar "The registrar of brands or any deputy registrar of

brands appointed hereunder.

Residence"-The residence house homestead or head station of
any owner or proprietor.

"Run"-Any run station farm freehold or leasehold or place
where stock are kept or depastured.
"Stock"-Any horse or head of cattle.

"Travelling stock "-Any stock taken or driven or about to be
taken or driven to any place more than forty miles distant
from the run upon which they were depastured previous to
starting.

II. INSPECTORS AND REGISTRARS OF BRANDS.

2. The chief inspector of sheep for the Colony of Queensland shall be the chief inspector of brands under the provisions of this Act and in any district where there shall be an inspector of sheep such inspector shall be the inspector of brands for the said district

Provided always that the Governor may appoint inspectors of brands for districts in which there shall be no inspector of sheep as aforesaid.

PART II.INSPECTORS AND REGISTRARS

OF BRANDS.

Inspector of inspector of

sheep to be

brands.

enter on runs

3. Every inspector is hereby empowered to enter upon any part of Power of any run in any part of the colony to inspect any stock brand or brand- inspectors to ing iron and to take possession of and impound any stock in respect of and other which the owner has committed or may be committing any breach of property. this Act to seize any branding iron other than that authorised by this Act and where necessary to employ any person or persons to assist him in carrying out the provisions of this Act

And any person hindering or impeding or attempting to hinder or impede any inspector in the execution of his duty or refusing to produce any branding iron or to permit such inspector to inspect any stock or branding iron shall for every such offence on conviction in a summary way forfeit and pay any sum not exceeding fifty pounds.

III. BRANDS AND BRANDING IRONS.

PART III.BRANDS AND BRANDING

IRONS.

4. Every brand registered as is by this Act provided shall consist of not more nor less than two letters and one numeral or of two signs or Description characters and one numeral representing running or consecutive of brands to

numbers*

and the shape and pattern of such letters signs or characters and of such numerals as aforesaid and the arrangement of such letters signs or characters and numerals as aforesaid shall be fixed and determined by the Minister in such positions as the Minister may decide.

be used under this Act.

brand to be

5. One brand and no more shall be allowed to each owner unless he only one is the proprietor of more runs than onet whent he may be allotted one brand for each of such runs.

allowed to each owner unless owner of more than one run.

Same brand for horses as

for cattle, and

6. Every owner possessed of both horses and cattle shall use the same brand for horses as he uses for cattle: Provided that the branding iron used for both horses and cattle shall not be less than one and minimum' a-quarter inches in length.

This is called a three-piece brand," see section 8 of the amending Act of 1898, infra. An earmark and cheek brand may also be registered, see same section. As to imprinting numerals under the registered brand, see section 2 of the Amendment Act of 1874, infra.

Words "not adjoining each other" and "in that case but not otherwise" omitted by the Amendment Act of 1892, itself repealed by 8 Edw. VII. No. 18, s. 2, title Acts.

1 Section 6 substituted for the original section by section 3 of the Amendment Act of 1894, as amended by section 7 of the amending Act of 1898, infra.

length of branding iron.