IMPOUNDING AND CATTLE TRESPASS ORDINANCE.

Taranaki Herald, Volume II, Issue 92, 3 May 1854, Page 4

IMPOUNDING AND CATTLE TRESPASS ORDINANCE.

fContinupd from our lant.] 14. All sales of impounded cattle shall take place on the Tenth day after the same shall have been impounded, in all cases where the owner or person having charge of such cattle shall he known to the Poundkceper, or where the cattle impounded shall consist of sheep, goats, swine, or calves, and he not more than two in numher, nnd in other cases on tlie Twenty-fourth day after notices shall have been posted as in such cases is hereinbefore directed — unless the said Tenth or Twenty-fourth day, as the case may be, shall happen to be a Sunday, or Christmas Day, or Good Friday, and then on the following day, and unless the sale he suspended by order of a competent judge. 15. All such sales shall take place at the public pound, where the said cattle shall have been impounded, and shall commence at the hour of noon ; and not more than , ten head of sheep or goats, or five pigs, shall be put up in any one lot, and not more than one horse, or one head of any other cattle ; and neither the person who impounded the said cattle, nor the keeper of the said pound, nor his surety, nor the Justice who made the order for the sale, shall either peisonally, or by agent, purchase the said cattle, nor any part thereof, upon pain that every person offending therein shall foifcit and pay for every such purchase contrary to the true intent and meaning hereof, the sum of £5, and shall moreover make restitution of the animals so purchased. 16. All impounded cattle directed to bo sold under the provisions of this Ordinance, ] shall' and may be sold by the Poundlceeper ! by Public Anction to the highest bidder, notwithstanding that he shall not have taken out a, license as an Auctioneer. 17. It shall be lawful for every such Poundlceeper to receive the price of any impounded cattle so to be sold as aforesaid, and to apply the same, first, in the payment of all lawful fees and charges due to hirase/f; secondly, in the payment of the amount of damages claimed for the trespass, and such charges, if any, as by virtue of this Ordinance may be payable to the person impounding the said cattle ; and the residue he shall pay over to the owner or person having charge of the cattle sold, where he is known, upon the same being demanded. And if the owner, or person having charge of the cattle, sha) I be unknown, the said Poundlceeper shall within one calendar month after the sale, pay the amount into the hands of the Treasurer of the Province, in trust for the persons entitled thereto : and the receipt of the said Treasurer shall be the legal discharge of the said Poundlceeper for the amount named therein. In case no claim to the same shall be duly made within two years next after the said money shall have been so paid into the hands of the said Treasurer, it shall be lawful for the Superintendent, by warrant under his hand, to direct the same to be applied to the public uses of the Province and the support of the Government thereof. 1 8. Provided always that if the proceeds of any cattle impounded by any person, or his agent, or bailiff, for trespassing or doing damage upon the lands of such person, and sold under the authority of this Ordinance, shall be insufficient to satisfy the lawful fees and charges of the Poundkecp r respecting the same ; the residue of micli fees and charges shall be paid to the said Poundlceeper by the owner, or person having charge of the said cattle, if known, 19. If any person shall rescue any cattle which shall have" been lawfully seized for the purpose of being impounded, or shall break down, injure, or destroy any Pound lega'ly constituted, whether any cattle shall be impounded therein or not, or shall commit any Pound-breach or rescue whereby any cattle of any descriptiou shall escape or be enlarged from any such Pound, every' such person shall be deemed guilty of a misdemeanor. 20. Damages at the rates specified in schedule 13 to this Ordinance, or at such other rates as the Superintendent shall from time to time appoint for that purpose by notification in the Government Gazette of the Province, shall be demandable by the occupier of any lands enclosed by a substantial and sufficient fence (of whatever description) for and in respect of the trespass of cattle on such lands, without proof of special damage, and notwithstanding that he may be unable to shew actual damage ; and payment of damages computed at the said rates shall be enfoiced at the option of such occupier, either by impounding the cattle trespassing pursuant to the provisions of this Ordinance, or by summary procedure in manner i hereinafter presctib'ed. Provided always,

and it is hereby enacted, that neither damages at the said fixed rates, nor special damage, shall be recoverable by any occ ? pier of lands which shall not he enclosed by a substantial and sufficient fence ; nevertheless, without prejudice to the right of impounding hereby conferred upon the occupiers of unfenced land. 21. It shall be lawful for the person aggrieved by any trespass of cattle in respect of which damage shall he demandable, instead of impounding the cattle so trespassing to make his complaint to the Resident Magistrate, or any two Justices of the Peace, and such Magistrate or Justices shall summon before him or them the owner or person having charge of the said cattle, and it shall he lawful for such Magistrate or Justices at the time appointed by such summons for the appearance of the party complained against, whether he appear or not, upon proof of the service of such summonssummarily to inquire into and examine and hear and determine the matter of such complaint ; and upon satisfactory proof of mich trespass, and of the neglect and refusal of the party complained against to pay the damage after the said fixed rates, to issue his or their warrant to levy the same together with such costs as to the said Magistrate or Justices shall appear fair and reasonable. 22. Provided always that nothing herein contained shall extend or be construed to prevent the occupier of any land trespassed upon from waiving damages after the said fixed rates, and claiming in any competent Court full satisfaction for any special damage sustained by him in consequence of i any trespass ; hut if the plaintiff in any such j suit or .action, shall not after waiving damages after the said fixc j d rates recover a greater amount of damages, then he shall not be entitled to, or receive, the costs of such suit or action from the defendant in the same, but the said defendant shall be entitled to and receive from the plaintiff the costs incuned by him the said defendant ; i>nd if the plaintiff in any such suit or action become nonsuit, or discontinue his said suit or action, or a judgment shall be given against him therein, the defendant shall be entitled to and receive double costs from such I plaintiff. 23. Provided always that it shall be lawful for any two Justices of the Peace, not interested in the matter in dispute, to take i cognizance of, and decide in a summary wny, nil cause of action arising out of the impounding of cattle for trespass wherein ■ neither the parly impounding nor the party whose cattle shall be impounded claims any greater amount of damages than £20. 24. If the person whose cattle shall be impounded shall take out a summons in prosecution of his suit, and shall enter into j security to the satisfaction of such Justices to prosecute his suit, it shall be lawful for the said Justices to direct the Poundkeeper in whsse custody the cattle shall be lo liberate the same, and thereupon the Poundkeeper, upon payment to him of his lawful fees and charges due in respect of such cattle, shall liberate the same in like manner as if the said cattle had been replevied. 25. Upon hearing the parties, and upon examination of the merits of the case, it shall be lawful for such Justices to make such order as to damages and costs to be paid by either party, and as to the detention or delivery of the cattle, and as to the sale thereof, or any part thereof, in case of the non-payment of the amount of damage found to be due by them, or of any costs payable by the owner or person having charge of them, as shall be just, and to enforce the payment of such damages and costs in a summary way. 26. The keeper of every public Pound shall have and preserve at or near to the said Pound a copy of this Ordinance, and also a Pound-book ruled and divided into columns, as nearly as may be in the form in Schedule C hereunto annexed. And he shall enter into the said Pound-book, in a ' legible hand, the particulars of all cattle lodged in the said Pound, specifying the day and hour, as nearly as may be, when, and the cause for which, the same were respectively impounded, and by whom they were sent, the time and mode of giving notice of the said impounding, as by this Or- ' dinance required, and also when and in what manner the same were released, and ly whose order, and to whom delivered ; the particulars of sales and of the proceeds thereof, and by whose order the same w<;re made ; and the said entries shall be made at the time the said acts were respectively done, or as soon after as possible, but not after any dispute concerning such entry shall have arisen. 27. A copy of this Ordinance and of the said Pound-book shall at all reasonable times be pioduced. by the said Pound-

keeper to, and be open for, the inspection of any person desiring to see the same, upon payment to the said Poundkeeper of the sum of sixpence for every such inspection ; and the said Poundkeeper shall grant extracts (signed by himself) from the said Poundbook upon payment of one shilling for every such extract not exceeding one hundred words, and for every subsequent number of words, not exceeding 100, sixpence. And shall preserve and keep for not kss than twelve calendar months all orders made by Justices concerning any cattle impounded. 28. If any Poundkeeper shall neglect or refuse to produce a copy of this Ordinance, or of the said Pound -book, for the inspection of any person dpsirous to see the came upon his lawful fee. for the same being first paid, or ofTi'red to be paid, or shall neglect to make any lawful entry therein, he shall forfeit and pay for every such default a sum not exceeding twenty shilling 1 ). And if any Poundkeeper shnll wilfully delay making any entry, or shall knowingly make any false entry , in the sail Pound-book, or shall wrongfully erase or destroy any entry previously made therein, he shall forfeit and pay for every such offence the sum of £10. 29. The keeper of evety such Pound shall erect and maintain, in some conspicuous part of the said Pound, a board having painted thereon, in legible black characters, on a white ground, a Table of all such lawful fees and charges as be may be hereby authorised to demand, have, and receive, together with all fixed rates of damage. SO. Every such keeper, as aforesaid, who shall fail to erect the said Board, and to keep and maintain the same in proper repair after it has been erected, or to make any lawful alteration therein which may afterwards become necossary within a reasonable time after the said alterations ought to be made, or shall knowingly paint or cause to be painted any false statement thereon, shall forfeit and pay for every day that such board shall not be erected, (except during such reasonable time as the same shall be taken down for alteration or repair,) and for every day that such board shall not be maintained in proper repair, or lawful alterations be not made after a reasonable time for making the same respectively shall have elapsed as aforesaid, the i the sum of two shillings and sixpence, and for every day he shall knowingly suffer any ' false statement to remain on the board, the . sum of five shilliugs. 3 1 . The keeper of every such Pound shall receive and retain in his custody any cattle lodged in such Pound ; and shall be responsible to the owner thereof for every loss anil damage sustained by the wilful act or | neglect of such Poundkeeper or his servants, but not otherwise. And the said Poundkeeper shall and may detain all cattle so impounded until the same shall be replevied in due course of law, or until the amount of damages (if any) for which the same were impounded with his lawful fees and charges and the lawful charges (if any) of the person impounding the said cattle shall be paid, or tendered, or secured to be paid in the manner herein provided, or until he shall receive the written order of the person impounding such cattle to deliver the came, together with his lawful fees and charges. And upon such payment as aforesaid being tendered, or paid or secured as ; hereinafter provided, or such order being re- ' ceived from the person impounding together with his fees and charges as aforesaid, the ; said Poundkeeper shall immediately deliver i such cattle to the owner or person having ! charge thereof, or other person duly au- ! thorised by such owner or person having charge thereof to receive the same. 32. Every Poundkeeper who shall fail to deliver such cattle as hereinbefore required and directed shall forfeit and pay for every such offence a sum of not less than forty shillings nor more than £5. 33. The security herein mentioned shall be an undertaking in writing, and shall be in the form, and to the effect, mentioned in Schedule D hereunto annexed, and shall be signed by the owner or person having charge of such impounded cattle, or by the agent or bailiff of such owner or person. And every agent or bailiff "who shall sign such note whereby such cattle shall be released from Pound shall be deemed the authorised agent of his employer without any further proof being required thereof. And every such security or undertaking shall be paid at all events at the time and place therein mentioned without any further notice or demand for such purpose. And upon failure of such payment the amount or sum secutcd by such undertaking shall and may be recovered in a summary way before any Justice of the Peace upon the production of such undertaking or security before such

Justice and the oath of the Poundkeeper that the same is still due and unsatisfied. 34. The keeper of every such Pound whenever and so often as any cattle shall be impounded therein for trespass shall post a written notice at the place to be appointed for that purpose by the Superintendent in, the vicinity of the pound as aforesaid setting forth a description of such cattle. And such notice shall remain 'so posted until the said cattle shall have been claimed or otherwise disposed of by due course of law. 35. Every such keeper who shall neglect to poat, such notice as aforesaid shall for every such neglect forfeit and pay a fine of forty ajiillingj. 36. If the owner or person having charge of any cattle impounded shall release the same upon payment to the keeper of the said Pound of the sum of money for which the said cattle were impounded, the said Poundkeeper shall pay thi* snme to the person who impounded such cattle on his demand thereof; and if such Poiindkeeper, shall fail so to do, he shall, on conviction, forfeit and pay for such his default the penalty of dt's. 37. Once in every quarter of a venr, on er before the Ist d.iys of Janumy, April, July, and October, respectively, the keeper of every such Pound s>hal! duly ami faithfully account for and pay over nil fees and charges authorised to be taken and made by him as herein provided unto the Treasurer of the Province to bo applied to the Public uses of the Province and the support of the Government thereof : Provided always that it shall be lawful for the Superintendent from time to time to appoint and declare that such fees and charges, or any and what proportion thereof, shall go toand be applied by any such Poundkeeper as aforesaid in full payment or on account of salary and remuneration. 38. If any Poundkeeper shall demand or take any greater sum for the impounding of any cattle or for doing any act, matter, or thing than such Poundkeeper shall be authorised so to demand or take or shall fail duly to account to the Treasurer of the Province in manner hereinbefore directed, or to mnke such payments to the said Treasurer as be is hereinbefore directed to make, every such Poundkeeper shall forfeit and pay for every such offence a sum not exceeding £5 nor less than £\. 39. Every person, who after the first day of June, one thousand eight hundred and fifty-four, shall turn out or depasture any cattle, upon any land within the present or future limits of the Town of New Plymouth, not enclosed'by a substantial and sufficient fence, whether such land be or be not in his lawful occupation, shall day by (lay, and for every day on which such cattle shall be so turned out or depastured, forfeit and pay the sum of Is; for every head of cattle so turned out or depastured. Provided that such Penalty shall not be incurred by any person lawfully depasturing cattle upon Crown Lands within the aforesaid limits, 40. Every person owning or having charge of any Entire Horse, Bull, Boar, Ram entire Ass, or entire Mule which, after the passing of this Ordinance, shall be found straying or running at large upon any public road or upon any land not in his lawful occupation, shall for every such offence forfeit and pay for every horse or bull so found straying or running at large, a sum not exceeding £5 nor less than £\, and for every boar, ram, ass, or mule so found straying or running at large a sum not exceeding £2 and not less than ss. 41. AH fines and penalties to be imposed under the authority of this Ordishall be recoverable in a summary way. 42. In the construction of this Ordinance words of or importing the masculine gender shall extend to and include females ; and the singular number shall import the plural also, and the plural number the singular also ; and the word ' cattle' shall include horned or neat cattle, horses, mules asses, sheep, goats, and swiue ; except in the said several cases there shall be any repugnancy to such coustruction in the subject or context. Passed the Provincial Council the fifth day of April, one thousand eight hundred and fifty four. I. Newton Watt, Speaker. Assented to on behalf of the Governor the eighth day of April, one thousand eight hundred and fifty four. Charles Brown, Superintendent.