Victorian Current Acts Victorian Current Acts(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.
S. 29(3) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.12(a)–(c)), 6/2018 s. 68(Sch. 2 item 119.1).
(3) Upon complaint on oath or by affirmation 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.
S. 29(4) amended by No. 7876 s. 2(3).
(4) Upon the appearance of such party or upon proof of the due service of a summons the Magistrates' Court—
S. 29(4)(a) amended by No. 6/2018 s. 68(Sch. 2 item 119.1).
(a) may examine the parties or either of them and their respective witnesses (if any) upon oath or by affirmation 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.
S. 29(5) substituted by No. 84/2001 s. 13.
(5) In this section "vendor" includes the auctioneer or other agent of the vendor.
No. 6337 s. 46.