Manawatu Herald TUESDAY, AUGUST 19, 1879. IMPOUNDING CATTLE.

Manawatu Herald, Volume I, Issue 99, 19 August 1879, Page 2

Manawatu Herald TUESDAY, AUGUST 19, 1879. IMPOUNDING CATTLE.

We have been repeatedly asked during the last few weeks whether poundkeepers are empowered to impound cattle. We have looked into the matter, and think they are not. A few days ago, we glanced over the Impounding Act, 1874, an Ordinance of the defunct Wellington Provincial Council, and found that by that Act a fine of £10 could be inflicted upon any poundkeeper who impounded cattle, unless they were actually upon his own land, in which case he would of course exercise the same right as any other person. We believe the above is the only law in existence upon the subject in the Wellington Provincial District. The County Councils now have the control of the pounds vested in them, and are empowered to make regulations with regard to their management. We have looked into the specifications undor which Mr George Cook was appointed

pound keeper ilt tfoxtoiij and find that the County Council distinctly authoi'ises him to " impound all cattle (large ov small) straying upon public roads." This is all very {rood, hut has tho County Council power to authorise this? *We think it lias not. The Counties Act (clause 203), dealing with the question of pounds, says : ■ • Every pound erected and poundkeopor appointed \inder this Act shall be deemed to bo respectively a pound and a poundkoopor within tho meaning of i/i/t/ late for f/ic time bei'iti/ in fora' iii Ihe County iii ro- 1 spect to the pounding of cuttle, and all tfiv ■jH'oeixioiix of mifi */"•// law shall apply to any such pounds, and to the pounding of animals therein ; and tho fees and charges fixed by tho Council above provided shall be deemed to be the fees and charges payable nuder such law. We have already shown that " the law for the time being in force in this country is the Wellington Ordinance of 18~'i. Tho Council cn.nnou loji'isliit-.-. It Lp.imoi mak:; r™nk<.tiou* concvai'y io the spirit or letter of existing laws. It must therefore accept and administer the Wellington Provincial Ordinance, which distinctly prohibits any poundkeeper under penalty of £10, from impounding cattle. This subject is an important one to a certain class of settlers. When the question was under discussion at the County Council some months ago, the Chairman pointed out that in the outskirts of towns like Feilding, the power of impounding all cattle found on roads would, if exercised, press veiy hardly upon men who were at present able to keep a cow, and thus assist their -respective families. It would not work at Feilding. In some respects the same remarks apply to Foxton. According to the Provincial Ordinance from which we have quoted, the constable is the only man authorised to impound cattle. No doubt, Mr Cook has only acted according to his agreement with the County Council ; at the same time, it appears to us that that body has exceeded its powers in authorising the poundkeeper to impound cattle.

To-Night's Meeting.— lt ia soarcely necessary to remind our readers of Mr Wither Johnston's meeting at the Public Hall tonight. We hope to see the building crowded by a hearty and unanimous assemblage. For nearly ten years Mr Johnston has held the responsible position of representative of Manawatu. During that time the district has progressed to a marvellous extent, and has fur surpassed its neighbour Rangitikei. To Mr Johnston, as our representative, must be accorded at least some of the credit for this progress. Although resident at Wellington, he has at all times proved himself earnestly desirous of promoting the best interests of the district, and when any deputation needed his presence and influence he has on every occasion been willing to join : whilst times without number, he has rendered most valuable service in pressing matters upon the attention of the Government. Certainly, Mr Johnston has not paid constant visits to the district; but why? Simply because he felt if he came into it at all, he would be beseigedwith persons anxious to push their part of the district ahead at the expense of the remainder. A representative, to be useful, must be above local influences, |and Mr Johnston doubtless felt that if he came here at all, he would plunge into the midst of these petty squabbles. Now that he stands before the constituency he comes forward bound to no section of it, but willing and anxious to do his best for all. We therefore urge the electors of Foxton, Moutoa, and Carnarvon to gather en masse at to-night's meeting, and strengthen his hands by a unanimous vote of the fullest confidence and a pledge of support. The moral effect of this upon the northern district will be great. It will show our f ellow-eettlers there that we are prepared to leave out the local difference on thu railway, and sfaleot a gentleman of known ability and standing, a gentleman who is thoroughly impartial, and one who will be a credit to the constituency.