Manawatu Standard (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. FRIDAY, DECEMBER 12, 1884. THE IMPOUNDING ACT.

Manawatu Standard, Volume IX, Issue 13, 13 December 1884, Page 2

Manawatu Standard (PUBLISHED DAILY.) The Oldest Daily Newspaper on the West Coast. FRIDAY, DECEMBER 12, 1884. THE IMPOUNDING ACT.

In continuation of our" reference to the provisions of the new Impounding Act which comes ititooperation with the New Year, we note that clauses 24 to 28 deal with fees and trespass charges, and . (24^ releases the irnponnder of auy liability for fees or charges, thus making the poundkeeper dependant'entirely on the value of the animals pouudeel (where there are no owners) for his fees, and may tend m a slight degree to stimulate him to keep them m as good condition as possible to insure their realizing sufficient to repay him for his fees and charges ; (25) makes all fees^ not otherwise appropriated by the Act, part of the District Fund, but allows the local governing body power to make arrangements with a' poundkeeper as to any proportion of such; fees beinfr retained by him as payment tor his services; (26) provides for owners paying all trespass charges aud fees, re- , gard being had as to whether the land trespassed ou was fenced or not fenced (27) appoints the poundkeeper the proper person to receive all fees and rates (except those specially provided for m sec. 8), and he is to pay them. over to tho pei^son authorised to receive them ; (28) requires any .person wji^.has seized, for the purpose, of impounding, any cattle, to deliver them: tip to the o\vner on having the fees and driving charges tendered to him without first impounding the same; 29 to 31 refer solely to the appointment of pounds and poundkeepers, And require a pound to be properly fenced and to have sufficient shelter ; 32 to 40 deal with the duties of poundkeepers ; and (32) requires him to keep tire pound clean and m good order, | auad to feed and water impounded VatE^umi^H . twice each day (between 6 and 9 a.m. and 4 and 6 p.m.), and .makes each negect, so to do, ] 9. separate offence ' under . the Act, as fl/ko the keeping of any cattle infected ■wdth any contagious disease m the same encJosure with any cattle 3iot so infected ; (33) requires him to keep a pouudbook, and keep such book and a eapy of the Impounding Act open f jr itwpection at all reasonable times by .any J.P., Registrar of ficands, Inspector of Sheep, &c, «wner of impounded cattle, or any other per.sons ou paynoent of one shilling ; (34} requires a table of fees m black and white to be posted m a conspicuous place ; (3^} makes the pouudkeeper responsible for the do-

tention m sato custody of any cattle impounded, until the trespass rates are paid, or lie receives an order of Justices or of the hnpounder of the catilei'or their release without the payment of trespass rates ; and relieves the poundkeeper of the necessity of receiving or delivering cattle into or out oi the pound (except m special cases, and where they have been driven ovei five miles) between sunset and sunrise; (36) requires a written notice to be forthwith placed on ihe gate or other conspicuous part of the \ pound, such notico to remain m such place until the cattle are released ; i and (37), m the case,' of great cattle, or if more than two sheep, goats, pigs, or calves, if such cattle arc branded with any registered brand, or if tho owners are known to the poundkeeper, send notice to the owner and insert such notice m one or more newspapers published m the district. After fourteen days' notice inipoumled,cattle may be sold; but (39) empowers any Justice of the Peace not interested m the matter to order the immediate destruction of any impouuded animal which is found to deseased, injured, or disabled to such an extent that its •xiatence involves continual suffering, oi a any Justices may authorise the sale of any animals which are hot of sufficient value to defray the cjwt of sustenance and fees during? the, time otherwise required by the Apt ; 41 to 46 deal with Pound Sales, aid set forth that pound sales be held ap such times m every month, as the' local authority shall prescribe, and the Poiindkeeper shall be the auctioneer. TJnaold cattle may bo destroyed j (43) deals with the appropriation of the proceeds of cattle sold, as follows ; — 1 1st costs* of sale. 2nd sustenance fees. 3rd fees and charges payable to the district fun- 1. 4th -rates due to the impounder for trespass and ! driving, and lastly, the balaiice (if i any) to the owner. Any such balance I remaining unclaimed for fourteen days, to be paid into the district funJ, thereto remain subject to the application of the rightful owner- for 1 2 months, after which it becomes the property of the district; (46); gives power to proceed against the owner of any cattle for the deficiency arising from any sale. The rest of the Act is dedicated to offences and penalties, ami to repeals. ; The offences of poundkeepcrs are first dealt with, and are somewhat severe. It any poundkeeper shall (1 ) illegally impound or assist or incite any person to illegally impound any cattle (2) purchase m person or by his agent ioattle sold by auction at a pound of which he is at the time I ppundkeeper (3 ) demand or receive any fees Or v sum of money not author- J ised bv.jtbe Act (4) fail to pay over any money lield by him under the provisions of the Act for any person, after the same has been, farmally and legally demanded by, or on behalf of such person, he shall be liable to a penalty not exceeding fifty pounds, j Or if he shall (1) neglect to find sua- 1 tenance for cattle impounded or lose them through neglect or use them other- than as provided by the; Act. ; (2) Omit to keep books and make en- •, treis therein as required, or wilfully making incorrect or untrue entrids therein. (3) Fail to comply with, or commit any offence against the provisions of this Act, m respect of which no penalty is herein specially provided, ke ahall be liable to a penalty not exceeding cSIO. On tue< other hand, it any other person shall (I) rescue or attempt; to rescue or' interfere with cattle impounded or seized for the purpose of being pounded, (2) destroy or injure pound or lock or bolt belonging thereto, (3) illegally impound cattle (4) illegally remove any cattle from any one; place to any other place with a. vtew of impounding the same from such last mentioned place, he shall be liable to penalty not exceeding £ss) ; ; and if \ he shall (1) refuse to disclose or state untruly the name of the owners of cattle impounded (2) drive cattle not, his own without proper authority from the laud of any other person without previous notice to such person (3) drive cattle from auy land not m his own occupation on to .the land of any other person, or on to a public road (4) Wilfully leave open a gate or alippanel or make a gap . m any fence or otherwise wilfnlly cause any catftle to trespass (5) fail to comply with or comiuit any offence against the provisions of this Act, m respect) of which no penalty - c is herein specificially provided^ he shall be liable to a penalty not exceeding £10. When any poundkeeper is charged with'neglecting to provide proper foo,d for impounded cattle, the burden' of proving that such proper food was provided shall (49) rest with the poundkeeper. The same provision is made with: ye- _, gaid to lost cattle. Anyone using impounded cattle without the authority or consent of the owner shall fSO) bo liable to a penalty of not exceeding «£2O, together with any sum the Jusstice may think reasonable compensation to the owner of such cattle. All penalties under the Act niay (51) be recovered m a summary way, and shall form part of the Consolidated Fund &l\feeß except where otherwise provided belong (52) to the district Fund, and (53) all expenses attending the administration shall be "paid out of that fund. (54) repeals all previous Acts and Provincial ordinances aud leaves the present Act alone ex- ' tarsi,