CATTLE TRESPASS.

Hawke's Bay Herald, Volume 11, Issue 855, 2 July 1867, Page 2

CATTLE TRESPASS.

A Bill for the better prevention of the Cattle I'respass. BE IT ENACTED by the Superintendent of the Province of Hawke's Bay with the advice and consent of the Provincial Council thereof as follows :— 1. The short title of this Act shall be "The Cattle Trespass and Impounding Act, 1867." 2. The following Acts so far as concerns the Province of Hawke's Bay are hereby repealed : — (1.) An Act passed by the Provincial Council of the Province of Wellington Session 111. No. 8, entitled "An Act to amend and consolidate the law relating to Cattle Trespass and Impounding." (2.) " The Impounding amendment Act" passed by the Provincial Council of Hawke's Bay Session VIII. No. 8. But nothing in this Act shall repeal any statutory provisions whatsoever, not contained in the said Acts expressed to be hereby repealed : nor shall any thing in this Act be restrictive of any common law remedies for trespass. 3. The clauses and schedules of this Act shall be governed by the following Interpretations. (1.) The words " great cattle " shall include the whole equine genus, asses, mules and the whole bovine genus.

The words " small cattle" shall include the whole ovine genus the whole porcine genus and goats. The word "cattle" shall signify both great and small cattle. (2.) The word " landowner" shall include manager bailiff resident agent and beneficial occupier. (3.) The term "notice"- shall mean written notice delivered personally to or at the principal homestead or station residence of the person sought to be thereby affected. (4.) " Nearest Pound" shall mean nearest in point of access. 4. It shall be lawful for the Superintendent from time to time by proclamation to appoint public Pounds and Poundkeepers atr such places as he may think fitj and at any time to annul such appointments and make others : and from time to time to appoint the salaries of the Poundkeepers. Provided that no salary shall be in excess of the Poundkeeper's fees. 5. In case of cattle trespass where the ownership is unknown ; the landowner may impound the cattle in the nearest Pound. Provided that any Pound exists within 20 miles from the place of trespass. 6. In case of cattle trespass where the ownership is known ; the landowner may either distrain the cattle on. his own premises, giving them proper food and water ; or impound them in the nearest Pound, if any within 20 miles from the place of trespass. Provided that if he distrain the same on his own premises, he shall forthwith give notice to the owner to release them on payment of damages and expenses ; subject, as to any disputed charges, to the decision of two Justices of the Peace. Provided always that if cattle so distrained shall not be released within 3 days after such notice, they shall be transmitted to the nearest Pound. 7. The owner of cattle distrained or impounder under this Act shall be liable to pay to the landowner the damages specified in Schedule A : together with such special damages costs and expenses as the landowner may claim: subject nevertheless as to such claims 'to an appeal to two Justices of the Peace. 8. The owner of cattle impounded under this Act shall be further liable to pay to the Poundkeeper the fees and charges specified in Schedule B. 9. Every Impounder of cattle shall sign and deliver a written description of the same with brands and marks to the Poundkeeper. 10. The duties of the Poundkeeper shall be as follows: — (1.) To take charge of all cattle lawfully brought to his Pound and keep the same (accidental or unavoidable escape or injury only excepted") until duly redeemed or sold. And to supply the same with necessary food * and water at the scale of charges provided in Schedule B. | [(2.) To enter in a special Pound-book the information 'required to be dotailed in Schedule C: and to allow the inspection of such book by any person on payment of sixpence. (3.) To keep conspicuously posted within the precincts of the pound a copy of the description deliverable to him as provided in clause 9. (4.) To advertise in two issues of some newspaper published in the Province a copy of the said description, together with the name of the Impounder, date of Impounding, and appointment for proposed auction : which appointment shall be for the fourteenth day after the publication of the first advertisement. (5.) To sell by public auction (such sale being hereby authorized notwithstanding the Poundkeeper be not a licensed auctioneer) on the appointed day such cattle as shall not be within due time redeemed : putting up each head of great cattle separately, and small cattle in lots of not more than 10 head. (6.) To apply the proceeds of every such sale as follows: — ( a) Reserving for himself the fees and expenses of poundage and advertisement. (b) Reserving for the Impounder the ! damages claimed subject as to special damages ifdisputed to the decision of two Justices of the Peace. ( c) Transmitting the balance to the owner of the cattle if known ; otherwise to the Provincial Treasurer in trust for the owner for one year, thenceforth if unclaimed for the benefit of the Province. 11. Every Poundkeeper shall be personally liable for any breach of the duties of his office, occasioned by wilful default or neglect. Subject to such personal liability a Poundkeeper may appoint a deputy during his absence. 12. Any person guilty of rescuing cattle in course of being driven to a Pound or of taking or releasing Impounded cattle from the precincts of a pound, without the consent of a Poundkeeper, shall be liable to a penalty not exceeding.^ 13. No cattle shall be driven through private property without 24 hours notice to the landowner under a penalty not exceeding £. 14. Any person driving cattle from the premises of a landowner to whom they belong, shall be liable to a penalty of 10s for every head of great cattle and 1 s for every head of small cattle ; together with such special damages as two Justices of the Peace may award. Provided that the aggregate sum for penalties and damages shall not exceed £20. 15. When any cattle being driven along a highway shall break away into unfenced land they shall not be considered trespassers within the purview of this Act, so long as thp drover shall continue his best exertions to recover the same. 16. Any person, not being a drover within the preceding clause, entering upon private land without the permission of the landowner, for the purpose of seeking for cattle, other than milch cows, shall be liable to a penalty not exceeding £5 nor less than 5s unless such cattle shall be trespassing on cropped or garden land. Provided that if such permission shall be refused any Justice of the Peace may by warrant under his hand authorize entry to be made for such purpose. Provided always that nothing in this or the preceding clause shall prejudice the landowner's remedies for any damages caused by the cattle trespassing or in the search' for the same.

„ 17. All Pound fees damages and penajr. ties recoverable under this Act may be recovered summarily before a Resident Magistrate or two Justices of the Peace to the extent of their, respective jurisdiction. , All Pound fees which shall not be satisfied by sale of Impounded cattle may be in like manner recovered by the Poundkeeper - against the Impounder who may likewise ,: resort to the owner of the cattle for recoupment. ' ! ■ All damages which shall not be satisfied by sale of Impounded cattle may to the like extent as aforesaid be likewise summarily recovered by the Impounder against the owner of cattle Impounded. . All penalties shall be paid to the Provincial Treasurer on behalf of the Province. 18. The operation of this Act shall commence one month after notification of the Governor's assent thereto in the New Zealand Gazette, - . SCHEDULE A, Ordinary damages payable to Landowners for cattle trespass (exclusive of special damages.) On land On land fenced, unfenced. G-reat Cattle, per head 2s. Is. Do. if entire do. x 2os. 10s. Small Cattle do. 4d, 2d. SCHEDULE B. Fees and charges payable to Poundkeeper. Admission. Keep Delivery. per diem. Great cattle, per head Is. Is. Is. Do. if entire do. ss. 2s. ss. Small Cattle do. 3d. Bd. 3d. The days of Impounding and delivery, if separate, to be reckoned as integral days. Schedule C. — Form of Pound Book.