South Australian Consolidated Acts

IMPOUNDING ACT 1920 - SECT 29

29—Payment under protest where owner alleges amount claimed is excessive

        (1)         If the owner of any cattle impounded is of opinion that the sum claimed by the person impounding them is excessive, such owner may pay to the poundkeeper under protest in writing the sum so claimed, and also all fees and charges due to such poundkeeper in respect of such cattle, and upon such payment the poundkeeper shall forthwith release and deliver such cattle.

        (2)         If such owner brings an action against the poundkeeper or the person impounding such cattle within a reasonable time after the release of such cattle for the recovery of so much of the amount so paid as is claimed to be excessive, it shall be lawful for the court before which such action is brought to direct the poundkeeper or the person impounding such cattle to return to such owner all sums of money paid by him over and above the damages or fees and charges lawfully due in respect of such cattle.