The Daily Telegraph. TUESDAY, SEPTEMBER 23, 1884.

Daily Telegraph (Napier), Issue 4110, 23 September 1884, Page 2

The Daily Telegraph. TUESDAY, SEPTEMBER 23, 1884.

The Impounding Act, introduced by Mr Buckley, provides for the trespassing and impounding of cattle, and to regulate tho management of public pounds. The Act is to come into force on the Ist October, 1884. "Borough" includes every city, town, or borough constituted under any enactment of the General Assembly or of any provincial legislature relating to municipal corporations. '' Cattle includes any horse, marc, gelding, colt, filly, or foal, any bull, cow, ox, steer, heifer, or calf, any ram, ewe, wether, or lamb, and any ass, mule, goat, boar, sow or other pig. A suckling of any species, under six months old, and its mother, are, for the purpose of this Act, to bo considered as one animal. County, road district, and town district are to be understood as they are defined by their respective Acts.. Occupiers of unfenced land shall not bo entitled to recover damages for trespass, but occupiers of fenced land may sue for trespass rates or iclual damages, the cattle trespassing not to be kept in pound until payment be mudo nf such actual damages. A special trespass rate is placed on entire animals. If llegal or excessive damages are claimed tho jwner may pay under protest, the poundteeper releasing the cattle and retaining ;he trespass rates to abide the order of jusices. Cattle must be impounded in the icarest pound, the impounder specifying in vritijig tho description, number, brands, tnd marks, where found, trespassing, and lamage claimed, and the name of the owner f known. An occupier may impound on ] iis own land cattle, but within twenty-four ( tours he must give notice to the owner of tho t attlo, if not claimed and rates paid within .1 wo days, to bo then driven to the nearest )ound; or ho may restore the cattle (] o tho owner, demanding the trespass , ( ates, which may bo recovered before two , ( usticcs. Goats and pigs trespassing twice rithin three months will cause their owners ; o pay double rates for second ollenro. I igs, ' •oats, or poultry trespassing: may bo desroved, but notice must be sent to their 1 wners and if the carcasses are not claimed b bey must be buried, Damages to a fence t' pt exceeding forty shillings may be dc- g mnded and charged the same as a trespass p

■ate. Cattle wandering at largo on roads nay bo impounded, and the owner shall bo iablo to a penalty not exceeding forty shillings per head over and above the ordinary charges. If they are so found wandering by night the cattle may be secured till daylight. Such does not arcply to cattle owned, by any licensee of Crown lands if the roads are within his run, or if 3uch cattle are depasturing on roads which are unfenced on either or both sides and arc bounded on both sides by the land of such \ occupier. All unbranded wild cattle are ' held to belong to the Crown. "Wild cattle on enclosed lands shall be deemed trespassing. Parties impounding arc not to be liable for fees. Pounds must be fenced and enclosed and provided with shelter, the latter to bo provided within four months of the Act coining ir.H force. Cattle, horses, asses or mules not released in fourteen days, and sheep, _ pijrs, or goats in seven days, after inserting notices in the newspapers, shall be sold by public auction. Any animal diseased, injured, or disabled may bo_ destroyed. Poundkeepers shall act as auctioneers, and need not havo an auctioneers' license, but cannot either personally or by an agent purchase any cattle at such a sale —The proceeds of all sales of impounded cattle sold under the provisions of this Act shall be applicable in payment— Firstly, of any costs and charges attending such sale ; secondly, of all sustenance fees; thirdly, of fees and charges payable into tho district fund ; and fourthly, to the irripounder of such cattle, of rates due to him for the trespass thereof, and the charges for driving the same to the pound; and the residue, if any, shall be payable to the owner of such cattle. Purchasers of cattle will not be bound to prove regularity of sale, or that the terms and conditions of tho Act were complied with, or be affected by any default or irregularity in respect of such sale. There are penalties for illegal impounding, and penalties if the poundkeeper does not provide sustenance for tho cattle, keep books, etc., the burden of proof to lie on the shoulders of the poundkeepor. Any one using cattle without consent of owner shall bo liablo to a penalty of £50. The following arc to bo the poundkeepor's fees: — * S if , ill *£ 111 For every entire horso above a. d. s. d. tho age of nine months 2 C 2 6 For every horse, mare, gelding, colt, filly, or foal ~10 2 G For every nuilo or ass .. 10 16 For every bull above the age of nine months .... 2 G 16 For every ox, cow, steer, ") lieifer, or calf of the first te'i .. .. .. 0 G Ditto, tho nexi ten .. 0 4j> 1 6 Ditto, the next thirty .. 0 of Ditto, all others above I fifty .. ~.0 2 J For every ram above the age of four months .. .. 0 Q^ For every ewe, wether, or I lamb of tho first twenty 0 2 j Ditto, the next thirty ~ 01U 0 2 Ditto, the next fifty .. Oil Ditto, all others above ono j hundred .. 0 ij For every goat ~ ..10 02 For every boar, sow, or pig 10 0 G POUNDKEEPEIts' FEES FOE GIVING NOTICES. b. d. For writing and delivery or sending by post any notice .. ~ 2 G For inserting any notice in one or more newspapers, in addition to the actual cost of such insertion .. 2 G