THE LAW OF IMPOUNDING.

Poverty Bay Herald, Volume XII, Issue 4181, 5 January 1885, Page 2

THE LAW OF IMPOUNDING.

THE NEW ACT. I

The new Impounding Act, which came into operation on Thursday last, is a measure of such very general interest and importance to every country distric as to justify a pretty full abstract of its provisions. It is now the whole law on the subject of impounding, 37 old Acts and Provincial Ordinances being repealed by it. It provides that the local body may fix a scale of pound fees, not to exceed the schedule in the Act. No damages can be recovered for tresspasa on unfenced freehold lands ; the cattle, however, may be pounded, and driving fees charged. The occupier of fenced lands may sue for trespass rates, or actual damage done, but the cattle shall not be detained till such damages are paid. A "special tredpass " rate, not exceeding £10, may be recovered summarily for the trespass of an entire animal. If any owner considers his cattle have been illegally pounded, or that excessive fees have been charged, he may pay under protest, and the pound-keeper holds the funds until the Court (two J.P.'soran R.M.) decides the c.ise. Animals may be "led, conveyed, or driven" to the pound. An occupier may pound trespassing cattle on his own land for two days, and if they are not redeemed, he must put them in the nearest pound ; or he may restore them to the owner, on payment of the legal fees, and in case of nonpayment ho may recover. A heavy trespass rate is fixed on goats and pigs, Is, 3s, and 5s per head being imposed for trespass on unfencod, fenced land, land in crop, or a cemetery. A double rate may be charged for trespass a second time within three months. Pigs, goats, and poultry trespassing can be destroyed, but the person destroying them must, under a penalty of £10, send notice to the owntv, or to a police station, within 24 hours. An occupier nu»y claim for repair of fences up to £2, and charge it as a trespass rate. An owner of cattle wandering by clay or night on the public roads is liable to a penalty, of £2 a head, but this does not apply to cattle for the grazing of which the owner has received the sanction of the local body having control over the roads, nor to" any cattle depasturing on an unfenced road, when the owner occupies the land on each side. Entire animals at large may be pounded, and the owner is liable to a penalty of £20. All unbranded or wild cattle having no reputed owner running on Crown lands will belong to the Crown, and the Crown Lands Commissioner may sell them. Wild cattle trespassing on enclosed lands may be sold after 14 days, and such sale (to be conducted by the nearest poundkeeper) shall be considered a pound sale. Stray cattle are not to be taken out of another person's enclosure without 24 hours' notice having been given to such person. The person pounding is not liable for any fees. All fees (unless where otherwise mentioned) go to the local authority ; but all penalties to the Colonial revenue. Trespass rates are payable (through the poundkeeper) to the person pounding. C;ittle on the way to the pound must be released if the trespass rate and driving money is tendered before the animals are actually pounded. Every pound is to be securely fenced and provided with shelter, and every pound-k-'eper must, within four months from Thursday last, place the pound in proper order, out of the funds which he takes, under a penalty of £5. The keeper must keep his pound clean and in good order, and supply pounded stock with food and water between 6 and 9 a.m. and 4 and G pm. A poundkeeper must keep a book according to the schedule, which shall be open to any Justice of the Peace, Registrar of brands, Inspector of -Slaughterhouses, Sheep Ranger, constable, and owner of pounded cattle, free of charge, and to any one else on paying Is. A table of fees must be posted conspicuously. Poundkeepers must receive and detain t all pounded cattle until the fees, etc , aro paid, or notice given by the person pounding the cattle to release them without payment. Pounds are not to be opened at night to deliver cattle, but may be opened to receive stock if they have been driven five miles that clay. The poundkeeper must, post a written notice on the gate giving full elese: iption of the cattle in pound, the notice to remain posted till the cattle have been claimed or disposed of ; a notice must also be sent to the owner (if known), and a further notice inserted in a newspaper. Cattle not released are to be sold after 14 days. A J.P. may order suffering animals to be destroyed, or earlier sale made when the cattle are not worth the charges. Pound sales are to be held once a month as the local authority may direct, and poundkeepers are to act as auctioneers (without license), but neither they nor their agents can purchase any pounded stock. Unsold stock not worth the ; r keep may be destroyed, and the carcases sold. Proceeds of all sales are to be applied thus : First, costs attending sale ; second, sustenance fee ; third, fees and charges ! payable to the local body ; fourth, fees, etc., due to the person impounding ; and the residue (if any) to the owner. If the trespass ratesand residue remain unclaimed for 14 days, the money must b«3 paid to the local body, but does not become its property until after the expiry of a year. Any deficiency of fees and charges after sale may be recovered from the owner. There is a list of offences for which penalties of £50 may be imposed, a list of lesser offences, with a penalty of £10, and a penalty of £20 may be imposed on anyone using an impounded animal without the owner's consent — all such penalties going to the Consolidated Fund.