Manawatu Standard (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. MONDAY, DECEMBER 8, 1884. THE IMPOUNDING ACT.

Manawatu Standard, Volume IX, Issue 8, 8 December 1884, Page 2

Manawatu Standard (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. MONDAY, DECEMBER 8, 1884. THE IMPOUNDING ACT.

Our readers will desive to know something of the provisions of the Impounding Act. which comes into force on January 1. The interpretation clause is very full and unmiatakeable, and amongst other things gives to "road" the following wide meaning : "Road includes a street, a public high way (whether carriage-way, bridlepath, or footpath) any public place wftere the public leave general access, and all bridges and culverts, also byways and crossroads, and private streets, also river beds and riparian lands m the occupation or under the control of any local authority." Clannex 5 to 19 deal with trespass by and impounding of cattle arid enact. (5). That every occupier bflund trespassed on by cattle may impoxind the same, but if the land is unfenecd no damages cap be recovered (except m the case of pigs and goats), but driving charges and cost of notifying the .owner of the detention of such cattle can be recovered, bnt these charges appear exceptionally Jight,and are set out m the schedule as follows : Any number, of cattle, not exceeding 25, for flvery mile, or a fraction of a mile, Is ; forany number over 25, per oiile, or fraction of a mile, 2s. The charge forjgiving notice is Is per mile, or part of mile (exceeding an eighth) from occh pier's house to owners house. Provided that the whole cost oi driving and notifying ahull m no case exeeedAOs; (6) Allows tlic occupier of any fenced land, (and ''fenced" m all cases means enclosed within such a sufficient fence as may be required by any Act now or hereafter to be m force' relating to fencing) either to claim the trespass fees set out by the Act, or to claim m any competent court full satisfaction for actual damage, but he cannot have the impound ed animals detained m the pound uwaitirig the- result of the action; (8) deals with the special trespass rate of entire animals of any description (and rigs are specially included m this section), and imposing au extra fine m addition to .-aIJ other ordinary charges of any sum not exceeding £10 ; (9) gives owa&prc 'of «a/tjble ap- , patently wrongfully overchargied the right to release their animal* by pay- , meut under protect* tl«o result to j abide the decision ,af Justices (10j) ; gives any two Justioes jurisdiction m ■ pouod protest, notwithstanding flues- ! tion of land .title; (11) gives the vio- , dii* ogmandi, and requires cattle to

be placed m the nearest pound, and all possible particulars to he given as to the whereabouts of the trespass, damage claimed, and ownership when possible, and authorizes occupiers to lead, convey, or drive, animals to the pound ; (12) authorizes an occupier to impound cattle, tlie owner whereof shall be hnown to him, on his own laud, and detain them for not exceeding 48 hours, but due notice. of such impounding must be given to tlie owner within 16 hour* of Hie im-. 'pounding, the cattle so impounded , must be properly fed, aud it' not released m the 48 hours, must then be pounded m the nearest poun<l,bafc (13) ! the occupier may restore them to their owner, and has then a common law right to recover the regular pound fees and charges from such owner ; (14) gives -the right to claim trespass rates for goats and pijjs on wnfenced lands, and if a second tiespass Lakes place within three months, double rates may be recovered for every separate act of trespass*, and it. further enacts that the occupier of any fenced land m artificial grasses or under cultivation may destroy any pigs, goats, or poultry found trespassing, but must send to the owner m writing a description of the animals destroyed and the place where destroyed, or, if ; the owueris unknown to the occupier, j then notice must be sent to the nearest station uuder a .penalty noi exceeding ten pounds, and if the owner does not remove or bury the carcases within 48 hours, the occupier must do so under a like penalty of not exceediug £1.0; (16) if trespassiug cattle break lences and . the amount claimed for repaint does not exceed 40s, it may be demanded the same as a trespass rate; (17) any person authorised by the local t>ody having charge of Hie ronds or by any one owning laud ad- , jacent thereto way impound any cattle which shall at any time of the day .or night be found wandering at large, or straying m or lying about or tethered m any road fenced on both sides, or otlier place of public resort, or so immediately adjoining thereto to obstruct the same, and the owner of such cattle shall be liable to a peualy not exceeding forty shillings for every head thereof; but the cattle of a licensee of Crown lands are exempt so long as they are on the roads within such licensees run; (18) Any person may impound any entire animal over certain ages wandering at large on land not being m .tbftjaw&dbecupation of theory ncr of such cattle, ovJsaaJuut-iw^'-nP^W 10 ' P lace > and ""the owner of such animals shall be liable to a penalty imposed by this Act. Clauses 20 to 23 deal with wild and unbranded cattle, all the former of which apparently over the age of six months are made the property of the Crown j (21; gives the occupier of land upon which cattle, 80 -wild as to render it impossible to pound them, are straying power to require the nearest poundkeeper to advertise a public notice tor two weeks, calling on the owner of the cattle to remove them, and on the owner's failing to remove them within three weeks of the first advertisement, the ponndkeeper, may sell the cattle as released impounded cattle with the express proviso that the cattle are <*> be removed forthwith, ? and if not so removed the occupier of the land may destioy them ; (22) gives »ny_pnrtuining the necessary authority from the Commissioner of Crown Lands or the poundkeeper to enter upon any lands were such cattle are depasturing for the purpose of obtaiuing pos> session of the same, but be is liable for any damage occurring to any other cattle or sheep, through such obtaining possession ; (23) provides for ptoper notice being given to the occupier of land before attempting to muster any such cattle, and specially precludes its interfering with the provisions of any Act relating to the removal of sheep. With the remainder of the clause-; we shall have to deal on another occasion.