Analysis.

Taranaki Herald, Volume II, Issue 91, 26 April 1854, Page 4

Analysis.

AN ORDINANCE to authorise and regulate the Impounding of Cattle, and to provide for the summary recovery of compcniation for damage done by cattle trespassing.

Tltlei Preamble. 1. Repeal of Caftle Trenpnii Ordinance (Scsnion 7, No. 17) and Impounding Ordinance (Se«« fiion 8, No. 6).

I, POUNDS,. POUNDKEEPERS, AND POUND FEO:s.

2. Power to Superintendent to establish Poundi. 3. And to appoint Poundkcepers. 4. Who shall give security. 6. Notice of appointment of Potmdkeepon to be given in Gazette of Province. C. Pounds to be securely fenced and divided. 7. Poundfees and charges, 11.' THE IMPOUNDING OF CATTLE.

3. Occupier of lands trespassed upon may impound

on his own lands, for a limited time, cattlo

, found trespassing. 9. Occupier of lands trcspossrd upon may impound cattle found trespassing thoreon in the Public found. 10. Penalty for cattle wandering in streets and roads which penalty may be recovered by impounding. 11. Penally for impounding otherwise than as au*

thorised by thin ordinance. 12. Notice to bcglven to owner of cattle impounded. 13. If not rclcafted, cattle to bo sold. 14. Time of sale. 15. Place of sale. 16. Impounded cattle to be told by auction. 17i Proceeds of sale how to be applied. 18. If proceeds of sale insufficient to satisfy damages

&c, the owner of cattle to pay difference.

10. Rescuing cattle from Pound, &c, a misdemeanor.

HI. DAMAGES FOR TRESPASS AND PROCEDURE. ♦ 20. Damage! for Tresjmiß at a fixed rate (o he re-

coverablc for trespass of cattle without proof

of actual damage and payment enforced cither

by impounding or by summary proceeding. 21. Summary procedure for recovery of fixed rate of damage. r 22. Fixed rate of damage may be waived, and spo-

. cial damage proceeded for. 3. 'Power to Justices to determine causes of action

arising out of the impounding of cattle. 24. And to order cattle to be liberated. 2. r >. And to enforce their orders in a nummary way.

IV. DUTIES OF POUNDKEEPER. 26. Poundkeeper to keep a Pound hook. 27. And to produce snrac for inspection. 28. Penalty Tor default. 20. Keeper to erect painted table of Fees. 30. Penalty for default. 31. To be responsible for safe keeping of cattld

and their delivery to owner. 32. Penalty Tor default. 33. Form of tecurlty. 34. Keeper 'to post on pound description i>f cattle

impounded. 35. Penally for default. 36. Ponndkeeper to pay over damages for trespnui (if icceived by him) to person impounding the

cuttle. 37. Poundkeepor to account fop fers to Provincial Treasurer— but Superintendent " niav appoint that tho same shall bo received by Pound keeper for his remuneration. 38. Penally for taking fee* not anthorised.

V. MISCELLANEOUS PROVISIONS.

39. Penally on turning nut CMttle on nn fenced lands within the limits of tho town of New Plymouth. 40. Penalty on allowing entire oniraals to stray. 4h Penalties to be recoverable In a summary way. 42. Interpretation clause. Whereas it is expedient that ah' Ordinance' enacted by the Lieutenant - Governor of New Zealand and the Legislative Council thereof, in the seventh Session of the said Council, intituled " An Ordinance to repeal the Cattle Trespass Ordinance and the Cattle Trespass Amendment Ordinance, and to provide for the summary recovery of compensation for damage done by cattle trespassing" and an Ordinance enacted by the said Lieutenant-Governor and Legislative Council in the eighth Session of the said Council, intituled " An Ordinance to authorise and regulate the Impounding of Cattle" be severally repealed so far as regarda the Province of New Plymouth, and that other provision be made respecting the Impounding of Cattle, and the summary recovery of compensation for damage dotre by Cattle trespassing, Be it therefore enacted by the Superintendent of the Province of New Plymouth, with the Advice and Consent of the Provincial Council thereof, as follows :—

1. The lw6 several recited Ordinances shall be and the same are hereby repealed, so far as regards the Province of New Plymouth. Provided that the repeal of the first mentioned Ordinance shall not revive the Ordinances thereby repealed. 2. As soon as conveniently may be after the passing of this Ordinance the Superintendent shall by notice published in the Government Gazette of the Province, appoint > Public Pounds within the settled districts of the Province ; and shall in like manner , from time to time, as may appear necessary or convenient, substitute new Pounds, appoint additional Pounds, and suppress Pounds not found reqnisile. '

3. It shall also be lawful for the Superintendent to appoint fit and proper persons to be the keepers of any such Pounds, and from time to time to displace and remove the keeper of any such Pound, and to appoint a fit and proper person in his place. 4. Every such Poundkeeper shall from time to time give security for good behaviour in his office by Bond by himself and such sureties, in such form, and in such reasonable sum or sums respectively as the Superintendent may think fit to require.

5. A notification of the appointment or removal of any Poundkeeper shall be inserted in the Government Gazette of tho Province.

6. Every pound shall be properly fenced and enclosed, and adapted, as far as may b<:, for keeping cattle infected with any contagious disease separate and apart from those in health. And if any Poundkeeper shall not keep up and maintain the said inclosures in proper repair, or shall knowingly keep, or permit to be kept, any cattle infected with disease in the same inclosure with cattle not so infected, or shall not keep the said Ppund clean or in good order, or the cattle which from time to time shall be impounded therein supplied with sufficient wholesome food and water, every such Poundkeeper shall, upon conviction of any «uch neglect, forfeit and pay a sum not exceeding £5 nor less than £l. 7. The fees to be taken and charged by any Poundkeeper as and for the Poundfees, and the price to be charged and paid for the sustenance of cattle committed to any such Pound shall be as is specified in Schedule A hereunto annexed. Provided always, that it shall be lawful for the Superintendent by notification in the Government Gazette of the Province, from time to time to increase, reduce, or otherwise, vary the said fees and charges, as occasion may require. It shall also be lawful for the Superintendent, by any such notification as last aforesaid, from time to time to fix and specify reasonable fees to be taken and charged by any Poundkeeper for any matter or thing required to be done by him under and by virtue of this Ordinance, the remuneration thereof is not herein specifically provided for.

8. It shall be lawful for the occupier of any land (whether fenced or unfenced) whereon cattle may bo found trespassing, or for the agent, bailiff, or servant of any sneh occupier to impound and detain the cattle so found trespassing in any convenient place upon the same land. Provided tha» the owner, or person having chnrge of the said cattle, bo known to the person imi poundingtho same, and that the person impounding the said cattle do within twentyfour hours of such impounding give or cause to be given to the owner or person having charge of the said cattle the like notice as is hereinafter required to he given to the keeper of any public pound by any poison sending cattle thereto : and provided also that he shall feed and maintain the same cattle whilst so impounded, and shall not keep them so impounded longer than three whole days of twenty-fours each, but shall at the expiration of such three days, if not sooner released upon payment of the lawful charges, drive, or cause the same to be driven, to the Public Pound nearest or most conveniently accessible from the sad land, and cause the same to be lodged therein in manner hereinafter mentioned. Provided also that any person impounding cattlo on his own land, as aforesaid, or his agent, bailiff, or servant shall not be entitled to demand or receive any compensation for damage done Ly the said cattle save and except (in cases where any damages shall be demandable under the provisions of this Ordinance) for such damage as was done before their first mentioned impounding, nor any fee or charge for such impounding, except such as by law be chargeable by the keeper of tha nearest public pound for feeding and maintaining. 9. It shall also be lawful for the occupier of any land (whether fenced or unfenced) wherein cattle may be found trespassing, or for the agent, bailiff, or servant of any such occupier, to drive, or lodge, or cause the same to be driven or lodged in the public pound nearest to or most conveniently accessible from the said land— and the person impounding any such cattle shall specify in writing to the keeper of the said pound the number and kinds of the cattle impounded, and the name, of the owner, or person having charge thereof, if he be known, or of the person supposi d to , be the owner or to have charge thereof, or shall state that such owner or person is wholly unknown, and shall further specify the pjace where the said cattle were tres1 passing, and tho amount of damages claimed j

for the trespass— if under the provisions of thii Ordinance any damage shall be demandable.

10. If any cattle shall he found wandering at large, or depasturing without license in any road, street or public place within any district of the Province in which the Native title shall have been extinguished, the owners thereof shall forfeit and pay, by way of Penalty, for every head of cattle so wanderintr or depasturing in any road, street, or public place, within the limits, for the time being, of the Town of New Plymouth, any sum not exceeding five shillings, and not less than two shillings and sixpence, and for every head of- cattle so wandering or depasturing in any road, street, or public place in any other part of the districts last aforesaid, any sum not exceeding two shillings and sixpence, and not less than sixpence. And the said cattle may by any person he impounded for the said Penalty, and the like notices, shall be given by the person impounding the same, and by the Poundkeeper, as in the case of cattle impounded for a trespass upon private lands. Or such penalties may be proceeded for in a summary way. 11. If any owner or occupier of land, or his agent, bailiff, or servant shall impound, or cause to be impounded, any cattle in any pound or place not authorised by this Ordinance, or in any manner contrary to the directions and provisions thereof, every person so offending shall, upon conviction, forfeit and pay for every such offence a fine not exceeding £10. 12. If any impounded cattle shall not be followed to the Pound, or claimed by, or on behalf of the owner or person having charge thereof, within twenty-four hours after the same shall have been impounded, the keeper of the Pound shall as soon as possible after the expiration of the twenty-four hours send notice in writing to the owner or person having charge of ,'the said cattle, if he be known to tho said Poundkeeper— which notice shall contain the same particulars as are reqnired to be given to the Poundkeeper by the person impounding the said cattle, and also shall contain notice of the time and place where the said cattle will be sold, if not sooner released'from the said Pound by or on behalf of the owner or person having charge thereof, and also the amount of damages (if any) claimed for the trespass. And the said notice shall be delivered personally to the said owner or person having charge of the said cattle, or shall be left for him at hi 9 usual place of abode. And if the owner or person having charge of the said cattle shall not be known to the said Poundkeeper, then he shall cause the like notice to be posted in some conspicuous place, to be appointed for that purpose by the Superintendent, in the vicinity of the Pound, and also in some conspicuous place in the town of New Plymouth, andshall also cause a Notice under his hand specifying the Pound or Place at which such cattle are impounded, and the number and kinds of the cattle impounded, and the brands and particular marks thereof, (if any,)' and the ages, (as nearly as may be,) and colours, of the several animals, and also stating the day on which the cattle comprised in such notice will be sold if not claimed, to be once inserted, as soon as may be, in some public newspaper published within the Province (if any such there be) . Providedalways that when the cattle impounded under the provisions of this Ordinance shall consist of Sheep, Goats, Swine, or calves, and be not more than two in number, it shall not be necessary to give any other notice of such impounding than by affixing a Notice thereof at the place to be appointed for that purpose by the Superintendent in tho vicinity 'of the Pound.

13. If any impounded cattle shall not be released from the said Pound by the owner or person having charge thereof within' seven days after notice shall have been given by delivering the same to him personally or by leaving the same at his usual place of j abode, or within twenty-one days after the notice shall have been posted in the town of New Plymouth, and in the vicinity of the Pound as aforesaid, as the case may require— (which periods of seven days and twenty-one days respectively shall be reckoned exclusively of the day upon which the said notice shall have been delivered or posted) — it shall be lawful for the said Pound keeper to apply to any Justice of the Peace, ■not being a party interested in the matter, for an order for the sale of the said cattle, and the Poundkeeper shall at the time of such application produce and shew to the said Justice the Pound-book kept by him as by this Ordinance directed, or an Extract of so much thereof as may apply to the case, and also such other proofs, by the oath

of the said Poundkeeper or others as the ■ said Justice may require, that such Poundkeeper has complied with the terms and ' provisions of this Ordinance; and there* upon such justice shall and may, if he be satisfied that that such terms and conditions have been complied with, make an order under his harrd authorising the sale of such cattle, or otherwise shall directs such acts to be done as shall have been omitted, and in the mean time shall suspend the order for the said sale until a future day to be appointed anew by him, and until the said terms shall have been com- - plied with — notice of which suspension and' > future time of sale shall be given by the said Poundkeeper to the owner or person ■ having charge of the said cattle personally, or at his usual place of abode, or by posting notices as aforesaid, as the case may-.' require, and in the same manner respective- • ly as herein provided for giving the original notice of impounding . Provided al-~ ways that when any such delay and sus- - pension of sale shall be necessary in con- • sequence of the neglect of the said Poundkeeper, the costs of nil further proceedings - and notice, as well as of the future feeding and maintaining of the said cattle, shall be I borne by the said Pmindkeeper.