Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 29

Recovery of price paid for stolen cattle

29. Recovery of price paid for stolen cattle



(1) Any person from whom or from whose possession cattle are taken or detained
under an order or warrant under the last preceding section may recover from
his vendor the amount paid by him as the purchase money of the cattle.

(2) Any vendor of such cattle who may repay or is compelled to repay the
purchase money he has received for such cattle may in like manner recover back
from his vendor the amount he has paid such last-mentioned vendor as the
purchase money of the cattle.

(3) Upon complaint on oath made by any person or vendor as aforesaid or any
person on his behalf-

   (a)  that such person or vendor has paid for the cattle and that the cattle
        have been taken from him; or

   (b)  that he has paid or been compelled to repay the amount he received-

a magistrate may summon the party who sold the cattle to such last-mentioned
person or vendor to appear before the Magistrates' Court or may issue a
warrant to arrest the party.

(4) Upon the appearance of such party or upon proof of the due service of a
summons the Magistrates' Court-

   (a)  may examine the parties or either of them and their respective
        witnesses (if 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 or the repayment of the sum received; and

   (b)  may make such order for the repayment of that amount with the costs
        incurred in the recovery thereof as to the court appears reasonable:

Provided that the execution of the order shall be stayed for such time as the
court may order if the person from whom or from whose possession the cattle
have been taken or on whom such order for payment is made forthwith enters
into a bond to the complainant with two sufficient sureties in such amount as
the court thinks reasonable conditioned to prosecute to conviction within the
time aforesaid the person guilty of having stolen the cattle; and a conviction
within the time aforesaid shall supersede the order so made by the court as
aforesaid, and no subsequent proceedings shall be had thereon: Provided
further that the court on the application of such party and on notice to the
complainant may extend the time aforesaid.

(5) In this section vendor includes the auctioneer or other agent of the
vendor.