CATTLE TRESPASS BILL.

Lyttelton Times, Volume IV, Issue 163, 18 February 1854, Page 5

CATTLE TRESPASS BILL.

The following clauses of the Bill about to be brought forward in the Provincial Council on the Cattle Trespass question, will be read with interest. A copy of the whole Bill has been furnished us, but it is unnecessary to print the clauses after the 18th, as they refer only to the appointment of a pound-keeper, and to the duties of his office, and are principally re-enactments of the present Impounding Ordinance, 1. Whereas an Ordinance was enacted by the Lieutenant-Governor and Legislative Council of New Zealand, Sess. VIII., No. 17, entituled " 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 whereas ah Ordinance was enacted by the Lieutenant-Governor and Legislative Council of New Zealand, Sess. VIII., No. 6, entituled " An. Ordinance to authorize and regulate the impounding of cattle :" and whereas an Ordinance was enacted by the Lieutenant' Governor and Legislative Council of the Province of New Munster, Sess. 1., No. 3, entituled " An Ordinance to prevent entire horses, and certain other animals from being suffered to stray or run at large :" and whereas it is expedient that the above recited Ordinances should, so far as they relate to the province of Canterbury, be repealed, and that the several provisions therein contained should be amended, and should be consolidated into one Ordinance, Be it therefore enacted by the Superintendent of the province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows :— 1. All the above-recited Ordinances (except in so far as any provisions therein contained shall repeal any former laws and Ordinances) and all proclamations and notices issued in pursuance of the authority thereof, shall be, and the same are hereby repealed within the Province of Canterbury. 2. In the interpretation of this Ordinance, the word " Cattle" shall be deemed to include all horned and neat cattle, horses, mules, asses, sheep, goats, and swine of all ages, and of either sex; and the words " Owner of cattle," shall be taken to mean the person having the lawful charge, control, and management of such cattle: and the word " Town/ to mean the towns described in the schedule [a] to this Ordinance by the boundaries therein set forth: and the term " Sufficient fence," shall be taken to mean any fence of the several kinds described in the schedule [b] to this Ordinance, the smallest part in which shall be of not less dimensions than those set forth in the same schedule: and the term " Ordinary damages," shall be deemed to be the amount of damages in every case respectively according to the scale set forth in the schedule [c] to this Ordinance. 3. From and after the passing of this Ordinance no cattle shall be impounded, and no proceedings shall be taken in any matter relating to the trespass of cattle, or the recovery of damages arising therefrom in any court of summary jurisdiction within the Province, except only under the authority, and in accordance with the provisions of this Ordinance; provided that nothing herein contained shall be taken to prevent the impounding of cattle under the provisions of an Ordinance enacted by the Go-vernor-in-Chief and Legislative Council of New Zealand, Sess. X., No. 1, entituled " An Ordinance to regulate the occupation of waste lands of the" Crown in the province of New Ulst.er,""and of a like Ordinance, Sess. XI., No. 10, entituled "An Ordinance to amend the Crown Lands' Ordinance, No. 1., Sess. 10," and to extend

the operation thereof to the islands of New Zealand. 4. If any cattle shall be found wandering at large within the limits of any town, the owner thereof shall be liable to a fine of not more than five shillings, and it shall be lawful for any one to impound such cattle; and if such cattle shall do any damage to any property within the limits of such town, the person suffering such damage may recover from the owner of such cattle in the manner hereinafter provided, either " ordinary damages," or " special damages," as he shall think fit. 5. If any cattle shall be found trespassing upon land enclosed within a sufficient fence without the limits of a town, the occupier of such land may impound the same, and may recover from the owner of such cattle in the manner hereinafter provided, either " ordinary damages," or " special damages," as he shall think fit. 6. If any cattle shall be found trespassing upon land not enclosed within' a sufficient fence without the limits of a town, the occupier of such land may recover from the owner of such cattle " ordinary damages" as hereinafter provided. 7. If any cattle shall trespass upon land without the limits of a town not enclosed by a sufficient fence, it shall be lawful to the occupier of such land to take the same and drive them to the residence of the owner thereof. And such occupier shall be entitled to recover from the owner of such cattle the " ordinary damages" for the trespass, together with the charges for driving, according to the scale set forth in the schedule [d] to this Oi'dinance, and if such cattle shall, under the provisions of this clause, be driven over land in the occupation of the owner of such cattle, such owner shall not be entitled to stop or hinder them unless he shall first pay the full amount of damages and charges, as though the said cattle had beeu driven to his residence as aforesaid. 8. It shall be lawful for any person who may be entitled under the provisions of this Ordinance to impound any cattle for trespassing upon his land, not being within the distance of five miles from any public pound, to impound such cattle upon any convenient place on his own land. But such person shall be required to do all such things in respect to such cattle, and to giving of notices to the owner or others, and to keeping a record of such information as is required to be entered in the pound book as hereinafter specified, as the pound keeper is required to do under the provisions of this Ordinance: And such person shall be liable to all such actions and penalties as the pound-keeper is liable to under this Ordinance. And provided always that all sales of such cattle shall take place at the nearest pound, and shall be conducted by the pound-keeper thereof. 9. If any entire horse, bull, or ass, shall be found wandering at large, it shall be lawful to any person to impound the same, and the owner thereof shall be further liable to a penalty of not less than two pounds, and not move than five pounds. 10. If any person shall claim "ordinary damages'' for any trespass done by cattle, not having impounded such cattle, he may recover such damages before any two Justices of the Peace in a summary way. And if he shall have impounded such cattle, such damages shall be paid to him by the poundkeeper as hereinafter provided. 11. If any person shall be entitled to claim "special damages" on account of any trespass done by cattle, he may recover the same before any two Justices of the Peace in a summary way. And if it shall be proved before such Justices that the defendant was the owner of the cattle committing such trespass, it shall be lawful for either party to claim an arbitration of the damages done : and such Justices of the Feace may thereupon issye

an " Order for Arbitration" in the form set forth in the schedule [c] to this Ordinance ; which order shall be returned into the same court at a time specified thereon. 12. The plaintiff shall, not later than the day after the issue of such order for arbitration, appoint some competent person, to act and who shall be willing to act as arbitrator in the case on his behalf, who shall sign an undertaking at the foot of the order for arbitration, stating the place of his abode in the form set forth in schedule [f] to this Ordinance. And such order for arbitration having such signature attached, shall be served upon the defendant within twentyfour hours from the time of issuing the same, and the defendant shall, -within twentyfour hours after service of the order for arbitration in like manner appoint some one to act, and who shall be willing to act as arbitrator in the case on his behalf. And such arbitrator shall likewise sign the undertaking as aforesaid, together with his place of abode. And the defendant shall within twenty-four hours give notice to the plaintiff of the name and place of abode of such his arbitrator. 13. It shall be the duty of the two arbitrators so appointed as soon as conveniently may be, to proceed together to the place where the alleged trespass shall have taken place, and there to enquire into all the facts concerning it, and if they shall agree upon the case, to make an award thereupon, and to enter such award on the back of the order for arbitration in the form set forth in the schedule [g] to this Ordinance, and such award shall state whether the trespass was committed within the limits of the town, or upon land enclosed within a sufficient fence without the limits of a town, and in either case the full amount of the damage done; and if such arbitrators shall find that the trespass was committed without the limits of a town, and upon land not enclosed by a sufficient fence, or if they shall not be able to agree upon the facts of the case, or upon the amount of the damage done, they shall enter the same on the award respectively. 14. The court before whom such order for arbitration shall be returned, shall, if an award for compensation be made thereon, order the payment of such compensation, and if the award shall state that the trespass was committed upon land without the limits of a town, and not enclosed within a sufficient fence, the court may order the payment of " ordinary damages," and if it shall appear from the award that the arbitrators shall have been unable to agree upon the case, the court shall examine such arbitrators upon oath, and shall determine the case in a summary way. 15. If it shall appear to the satisfaction of the arbitrators that the fence enclosing any land trespassed on, had been sufficient within the meaning of this Ordinance, but that such fence was no longer sufficient by reason of having been damaged by such act of trespass ; it shall be lawful for the arbitrators to award special compensation for the damage done to the fence, over and above any other compensation awarded for such trespass : and if they shall agree that the land was not so enclosed at the time of the trespass, then they shall state in the award the actual measurement of the fence at the smallest part thereof. 16. If an arbitration shall have been claimed for " special damages " under this Ordinance, and either party shall fail to appoint an arbitrator in his behalf, or to notify the name and place of abode of such his arbitrator, in the manner and within the time hereinbefore specified, it shall be lawtul for the arbitrator appointed on the other side to make an award upon the case. 17. It shall be lawful for any two Justices of the Peace before whom any order for arbitration shall be returned to order the payment of such compensation to the arbu

trators, as they may think fit, not being of greater amount than two shillings each for every hour in which they shall have been fairly and reasonably occupied in making such arbitration ; and such compensation shall be borne as part of the costs of the action. IS. If any person shall have undertaken to act as an arbitrator under the px-ovisions of this Ordinance ; and shall subsequently and without sufficient reason refuse or neglect to fulfil any of the duties hereby required of such person, he shall be liable to a penalty not exceeding ten shillings, and the : party on whose behalf he shall have agreed to act, shall be allowed to appoint another arbitrator within twenty-four hours after such refusal or neglect. SCHEDULES REFERRED TO. A. —Towns of Christchurch, Lyttelton, Akaroa. •B. Description of sufficient Fence. 1. A-post and rail fence of substantial materials, of not less than 3 rails j at the least 4 ft. in height. 2. A substantial upright paling, at the least four feet in height. 3. A wire fence having not less'than four wires tightly stretched, and the posts of which are not further than twelve feet from each other, being at the^least four feet in height. 4. A perpendicular wall, at the least 4 ft. in height. 5. A bank or any fence of the above sorts, the top of which shall be six feet from the bottom of the ditch and the ditch five feet broad ; and, in case of the Bank, where the slope is not more than one foot from the perpendicular. 6. A ditch, at the least twelve feet broad and four feet deep, and the sides of which shall be perpendicular. C. Scale of Ordinary Damages. 1. For each day upon land having any cultivated crop of any kind growing thereon, for]every head of Horses, Asses, Mules, horned or neat Cattle and Swhie, the sum of two shillings and sixpence; for .every head of Sheep or Goats, one shilling. 2. For each day upbnl and not having any cultivated crops growing thereon, for every head of Horses, Asses, Mules, horned or neat Cattle or Swine, the sum of one shilling; for every Sheep or goat, sixpence. D. Charges which may be made by any person Driving Cattle to residence of their owner. ■ For each herd of Cattle of any sort whatsoever, being less than ten in number, sixpence for every mile or fractional part of a mile, from the homestead of the person driving such cattle to the homestead of the owner of the same ; above ten in number and less than one hundred, each threepence ; for every head above one hundred, one penny. The remaining Schedules, consisting principally of legal Forms for proceedings under this Ordinance, have not at present been drawn up.