Trespassers will be prosecuted…

By Legal Eagle

regardless of species.

Seven cows, fifty chickens and a dog named “Cobber” have been served with a trespass notice in the outback town of Humpty Doo. The owner of the animals was also included in the notice.

The trespass notice warns Mr Allan, the cows, the dog and “50 fowls” to stay off Ms Miller’s land – or risk a $2000 fine.

It closes by saying: “Notice was served by handing the original to seven cattle, one dog, 50 fowls.”

Mr Allan, 58, who worked for Parks and Wildlife before retiring, said: “I might get the trespass notice laminated and framed. I’ve never seen anything like this before.”

He said he would be sending a copy to his mum in Melbourne and son in Wagga “for a laugh”.

I wonder how the complainant intends enforce the fine against the chickens if they do trespass over the fence line again? I’m presuming the chickens have no assets.

It reminds me of crazy medieval trials against animals (ranging from proceedings against domestic animals to insects). According to Wikipedia, the first recorded criminal trial against an animal resulted in the execution of a pig in Fontenay-aux-Roses in 1266. Perhaps the French have a penchant for involving animals in legal trials which continues on to this present day – a dog named Scooby has recently appeared as a witness in a French murder trial.

10 Comments

  1. Posted October 22, 2008 at 6:20 pm | Permalink

    And don’t forget Chico the monkey sentenced to death for assaulting the police!

    http://skepticlawyer.com.au/2008/03/not-just-monkey-business/

    Mind you, there was a fair chance a higher primate could understand a legal direction if you bothered to teach it sign language… but chooks and cows??? Is this like serving an order to a toddler who keeps crawling into your front yard?

  2. DeusExMacintosh
    Posted October 23, 2008 at 12:55 am | Permalink

    They ASBO’d a herd of pigs in the UK. (ASBO= antisocial behaviour order) Though in this case I think they had the sense to actually give the notice to the farmer rather than the pigs themselves.

  3. conrad
    Posted October 23, 2008 at 4:29 am | Permalink

    Perhaps the complainant could could just turn a chicken or two into soup, and I’m sure their owner would learn to fence them in a bit better. Given that cows a worth a fair bit, they might try cow-napping them too.

  4. pedro
    Posted October 23, 2008 at 12:57 pm | Permalink

    Perhaps you could garnishee the eggs and milk?

    Chickens aren’t that dumb, when I was a kid ours would be in the front yard to meet my sisters when they got home from school.

  5. Posted October 23, 2008 at 4:40 pm | Permalink

    As I recall there’s some huge precedent in common law viz trespassing animals. I forget it now.

    According to Wikipedia, the first recorded criminal trial against an animal resulted in the execution of a pig in Fontenay-aux-Roses in 1266.

    Yeah Colin Firth was in a movie about it when he was much younger. The pig had it coming. An evil pig if ever there was one.

    Perhaps the French have a penchant for involving animals in legal trials which continues on to this present day – a dog named Scooby has recently appeared as a witness in a French murder trial.

    Disgusting. That Scooby is nothing more than a professional witness. His testimony always goes to the lawyer who pays the most.

    Unfortunately his expertise is devastating. 🙂

  6. Posted October 26, 2008 at 3:55 am | Permalink

    Every dog has his day…In court?

  7. Posted October 27, 2008 at 5:02 pm | Permalink

    Cats, being ornery and contrasuggestible critters, love me even though I’m severely allergic to them and try to avoid them as a consequence.

    Yeah they always do that. If you’re allergic they come over and spread hair all over the place. Bastards!

3 Trackbacks

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    […] the meantime, Legal Eagle – who has been here before – asks about the current defendant: I wonder what rights the goat has. Does it have the right to […]

  2. […] and it’s not just a historical phenomenon or something which occurs in other countries. As I’ve posted previously, Australia has a recent example of animals being served with a trespass notice. And then […]

  3. By Property and animals « Skepticlawyer on May 9, 2011 at 3:20 pm

    […] idea of animals having legal rights, as can be seen from a series of previous posts: animals being restrained from trespassing, a goat held on suspicion of committing an armed robbery, Chico the delinquent macaque, Santino the […]

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