IMPOUNDING CATTLE

Te Aroha News, Volume XLI, Issue 6442, 26 January 1924, Page 5

IMPOUNDING CATTLE

(To the Editor.) Sir, —As a settler I in common with many others am occasionally subjected to annoyance from cattle straying on my property, and the prevailing opinion among us cockies (who do not claim to be versed in all the subtleties of the law) is that when cattle trespass and the ownership is not known, it is sufficient to advertise in the local paper that if such cattle then trespassing are not claimed within a certain number of days they will be sold say at the Waihou or other convenient sale. I have been asked, Mr Editor, to approach you with a view to your us in this matter. —I am, etc., ’ ■! A SUBSCRIBER.

[While we do not undertake to give a legal opinion we quote for the benefit of “Subscriber” the particular Sections of the Impounding Act bearing upon the question.— Ed., Te Aroha News.] Section 11. Mode, of Impounding Cattle. Trespassing.—(l) Except as hereinafter provided, cattle shall not be impounded under this Act except ih* the nearest accessible pound to the place where such cattle were found trespassing. (2) The person by whom or by whose order any cattle are sent to the pound shall specify in writing to the poundkeeper- the description, number, brands, or apparent brands, and ear-marks of such cattle, the place where they were found trespassing and the amount of damage claimed for such trespass, according to the provisions of this Act, and, so far as the person impounding can state the same, the name of the owner of such cattle. (3) The cattle may be either led, conveyed, or driven to the pound. 12. Occupier May Impound on His Own Land Cattle Trespassing.—(l) The occupier of any land trespassed on by cattle, the owner whereof is known, to him, may impound and detain the same in any convenient place upon his own land; and in such case he shall within sixteen hours of such impounding give to the owner of the said cattle, either personally or by leaving the same at his usual or last known place of abode, the like written description of particulars as is hereinbefore required to be given to the keeper of any pound by any person sending cattle thereto., (2) Such occupier shall feed and maintain the cattle' when so impounded, and shall not keep them impounded longer than two whole days of twenty-four hours each, and at the expiration of that time, if not sooner released by payment of the rates chargeable under this Act by the keeper of the nearest accessible pound for feeding and maintaining such cattle, he shall lead, convey, or drive the cattle to such pound. (3), For the purpose of this and the last pi’eceding section, “nearest accessible pound*’ means the pound which is most easily accessible, having regard to distance and facilities of access at the time of impounding. '

13. Or May Restore Cattle to the Owner.—The occupier of any land trespassed on by cattle may restore the same to the owner thereof, and in such case may demand, and in case of non-payment recover in a summary way before any two Justices, from the owner of the cattle, the amount of any trespass rates that would be payable if the cattle were impounded in respect of the trespass thereof, together with' the charges of driving the cattle to the residence of the owner.

14. Trespass by Pigs or Goats. Pigs, goats or poultry trespassing may be destroyed; carcases to be buried. —(1) The occupier of any fenced or unfenced land trespassed on by pigs or goats may recover from the owner of such pigs or goats trespass rates specified in the Second Schedule hereto, and if any pigs or goats, the property of the same owner, trespass on such land within the space of three months after the first trespass, such occupier may recover from the owner thereof, in respect of every separate time they so trespass,

trespass rates at double the rate specified in the Second Schedule. (2) The occupier of any fenced land in artificial grass or under cultivation may destroy any pigs, goats (other than branded Angora goats), or poultry foundtrespassing upon such land. (3) The occupier so destroying any such animal shall, within twentyfour hours, send in writing a description of the animal or animals so destroyed, and of the place where destroyed, to the owner thereof, if he is known, and if unknown, to the nearest police station, and if he makes default in so doing he shall be liable to a fine not exceeding ten pounds. Provided that it shall not be necessary to send such description in the case of wild pigs so destroyed.