NSW What is the Legal Definition of Cattle?

[Rod Middleton]

We are involved in litigation with a party that denied rights to graze sheep on a lease.

The Lessor caused the loss of many of the flock thus bringing the enterprise to its knees. The Lessor claimed the Lessee had no right to stock the property with sheep as the lease did not provide (specifically) for "sheep".

The solicitor (now deceased) who drew up the lease was an "old school" country lawyer. He provided, in the articles of the lease, for "cattle" (inferring all livestock) rather than draw in the individual livestock types, ie horses, asses, mules, goats, camels, sheep, oxen, buffalo, deer, etc.

In preparation of the legal response to the "other side's" critical statement of claims, at least four confirming documents (that the term "cattle" refers to all domestic livestock, including sheep) were accessed. These include:

1) Cattle Trespass, Fencing, and Impounding Act 1882

2) Dictionary of Law Terms and Legal Definitions: Legal Dictionaries of the Encyclopaedia of Law Project: Cattle

3) Wikipedia: “Cattle” – Etymology

4) King James version of the Holy Bible


Our question is:

Is there any statute or precedent to confirm the term "cattle" specifically refers to the bovine species (cows, calves, bulls, oxen, steers, buffalo) or, otherwise (not listed above)?

Any assistance regarding this point in question or related information thereto would be greatly appreciated.

 

[Iamthelaw]

So the other side are saying that the agreement must be confined to the express word "cattle" in the lease. Words are often given extended meaning in legislation - Further to the examples provided in your original post - s4 Crimes Act (NSW) provides that 'cattle' includes any horse, mare, gelding, colt, foal, filly, ass, mule, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, pig, goat, deer, alpaca, llama, vicuna, camel, or dromedary, and every hybrid or cross thereof.

Further to the above, what is the legislation governing your particular lease? Have you looked at the definition (if there is one) contained in that piece of legislation?

 

[Rod Middleton]

So the other side are saying that the agreement must be confined to the express word "cattle" in the lease. Words are often given extended meaning in legislation - Further to the examples provided in your original post - s4 Crimes Act (NSW) provides that 'cattle' includes any horse, mare, gelding, colt, foal, filly, ass, mule, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, pig, goat, deer, alpaca, llama, vicuna, camel, or dromedary, and every hybrid or cross thereof.

Further to the above, what is the legislation governing your particular lease? Have you looked at the definition (if there is one) contained in that piece of legislation?

Thank you for your reply and bringing attention to section 4 of the Crimes Act. The lease was actually not a registered lease but a right etched into a sales agreement (contract for the sale of land). In this capacity no legislation is cited. Specifically (in the contract, for the sale of land, special condition 19), "the vendor (us) has the right to stock the land with cattle from the date of settlement for a period of five (5) years."

We paid $40k for that right and, they (the purchaser), after settlement, refused us the right to stock the land with sheep.

 

[Rod]

Oxford Dictionary of English (3 ed.): Cattle 2. animals of a group related to domestic cattle, including yak, bison, and buffaloes. ● Tribe Bovini, family Bovidae (the cattle family): four genera, in particular Bos. The cattle family also includes the sheep, goats, goat-antelopes, and antelopes.

The standard English dictionary used by Australian courts and government departments is the Macquarie Dictionary. I don't have ready access to a copy.

Suggest an old country lawyer is who you need.

 

[Rod Middleton]

Oxford Dictionary of English (3 ed.): Cattle 2. animals of a group related to domestic cattle, including yak, bison, and buffaloes. ● Tribe Bovini, family Bovidae (the cattle family): four genera, in particular Bos. The cattle family also includes the sheep, goats, goat-antelopes, and antelopes.

The standard English dictionary used by Australian courts and government departments is the Macquarie Dictionary. I don't have ready access to a copy.

Suggest an old country lawyer is who you need.

Thank you for your help.

Yes, an old country lawyer was who typed the initial agreement however he has now passed on thus unable to testify any longer. We shall endeavor to find the defs in the Macquarie, if they have them...thanks for that.

Cheers

 

[Rod]

Found access to the Macquarie dictionary.

Cattle:
noun (used with a plural verb) 1. bovine mammals of any age, breed, or sex, especially those raised for meat or dairy production.

2. Obsolete such animals together with horses and other domesticated animals.

3. human beings considered contemptuously or in a mass.

[Middle English catel, from Old North French, from Latin capitāle wealth, stock. See Capital1 (noun)]

 

[Rod Middleton]

Found access to the Macquarie dictionary.

Cattle:
noun (used with a plural verb) 1. bovine mammals of any age, breed, or sex, especially those raised for meat or dairy production.

2. Obsolete such animals together with horses and other domesticated animals.

3. human beings considered contemptuously or in a mass.

[Middle English catel, from Old North French, from Latin capitāle wealth, stock. See CAPITAL1 (noun)]

Oh dear, that's not good

 

[Rod]

Not necessarily. Sheep are domesticated animals.

Issue might become whether there is a true meeting of the minds and the contract can be unwound. Depends how important the clause is to the you.

 

[Rod Middleton]

Not necessarily. Sheep are domesticated animals.

Issue might become whether there is a true meeting of the minds and the contract can be unwound. Depends how important the clause is to the you.

The Clause is vital to our case. We are sheep farmers and they have reneged on the arrangement using this word "cattle" to justify the destruction of our livelihood.

The law is a complex animal and sometimes a word has different meanings in law: (from the Law Dictionary) "What is obsolete? Disused; neglected; not observed. The term is applied to statutes OliSTA PRIXC1PIIS 845 OCCULTATIO THESAURI, which have become inoperative by lapse of time, either because the reason for their enactment has passed away, or their subject matter no longer exists, or they are not applicable to changed circumstances, or are tacitly disregarded by all men, yet without being expressly abrogated or repealed."

I think if some men still use the term and various acts and statutes are still valid, IE. Cattle Trespass, Fencing, and Impounding Act 1882 then 'obsolete' may not mean obsolete in a literal or, legal sense. Therefore, the term "cattle" may still be valid when referencing what it originally referenced.

Can a term in an existing Act become non-functional (in a legal sense) without having been repealed or amended just because most men don't use it in the original context anymore? Does obsolete = abolished?

 

[Rod]

Does obsolete = abolished?

Not necessarily. Unfortunately it will depend on a judge to decide.

The Clause is vital to our case. We are sheep farmers and they have reneged on the arrangement using this word "cattle" to justify the destruction of our livelihood.

If you are on talking terms with the purchasers, or even semi-talking terms, it may be worth making a call to them suggesting they are wrong, that they may become liable for your damages and that if you win at court, you be asking for costs on top of damages or asking to wind back the sale and kick them off the property and they have the choice for the next x (eg 7) days, after that it becomes your decision about how things proceed.

Really you should get another lawyer to write a demand letter and take things from there.