The Nelson Evening Mail. MONDAY, JULY 5, 1880. THE IMPOUNDING BILL.

Nelson Evening Mail, Volume XV, Issue 159, 5 July 1880, Page 2

The Nelson Evening Mail. MONDAY, JULY 5, 1880. THE IMPOUNDING BILL.

Mb. Huksthquse was on one occasion much laughed at for saying that to his constituents such measures as Fencing and Impounding Acts were of greater moment than the weightier matters of colonial finance: or battles between the ins and the outs. Though, perhaps, exaggerated, there is yet a good deal of truth contained in this bold assertion, for the trespasses of a neighbor's cattle upon his cultivations is, calculated to cause much more worry and annoyance to the farmer than the question whether Sir George Grey or Mr Hall is to' be Premier. To our country leaders, then, and to those who have gardens in town, a resume of the Impounding Bill, which has passed the Legislative Council and is now before the House of Representatives, will probably be quite as interesting as the telegraphic reports of the no-confidence debate, of which there has of late been so copioua a supply. The first part of the Bill appears under the heading " Trespass by and impounding of cattle/ The occupier of unfenced land may drive trespassing cattle to a pound and charge according ,to a fixed rate for .the driving, but cannot recover any damages. The occupier of fenced land trespassed upon, may at any time impound the cattle and claim the rates specified in the schedule, or he may impound them on his own land, giving notice of his having done so, and detaining them until the rates are paid," 'provided he does not so detain them for a longer' period than two days, at the expiration of which time they are to be driven to the nearest pound ; or he may claim in a competent Court full satisfaction for any actual damage done. In the event of illegal or excessive damages being claimed, the owner of the impounded cattle may give notice to the poundkeeper that he intends to complain to a Justice against the person impounding, and upon receipt of Buch notice, and of the poundage fees and trespass rates, the poundkeeper shall release the cattle, retaining the rales to abide the order of the Justices. The complaint is to be made within ten days of the notice in writing being given, and is to be tried before two Justices, who may deal with it in a summary manner, making, if they find that the impounding was illegal, an order against the defendant for the amount of damages sustained by the owner of the cattle,and for .the amount of all fees and charges entailed by the impounding. The Justices may hear and determine the complaint notwithstanding, any question I of title to property or suggestions of right involved. Trespassing cattle are to \>e driven to the nearest pound, and the person impounding is to specify in .writing to the poundkeeper their description, number, brands and marks, and, if possible, the name of the owner. The occupier of any land trespassed on may restore, the cattle to the owner and claim driving charges and trespass rates as though they had. been impounded. The owner of land; fenced or unfehced, may claim trespass rates of one shilling each, for pigs or goats trespassing, and if any pigs or goats, the property of the same owner, shall trespass again on the same land within three months after the first trespass, double that amount may be recovered. . The occupier [of any fenced' or unfenced land in artificial grass or under cultivation may destroy any pigs, goats or poultry found trespassing on such laud, but must send 1 /a written description of the animals so destroyed to the nearest police station within twenty-four hours. Where a fence is damaged by trespassing cattle the occupier may, if the damage does not exceed forty shillings), claim the amount as a trespass r^te. , T Cattle wandering at large or tethered on. any .road fenced on both sides may be impounded, and a penalty, riot exceeding tforty shillings a hea"d,> may be inflicted. For permitting entire animals !to wander at large the owner may be fined up to £20. All unbranded cattle" above cix months old depasturing on Crown lands, and having -no apparent owner, shall be deemed., to belong to; Her Majesty, and the Commissioner of Crown Lands for the district may cause them to be sold, or may authorise them to be killed.. If any cattle, so wild that they cannot he impounded, be depasturing on any private lands, the keeper of the nearest pound may, on the request and at . the expenseof the owner; of the land,:. advertise once a lreeft for two consecutive weeks J

calling upon the owner of the cattle to remove them, and if he fails to do so within three weeks may cause them to be sold on the express stipulation that they are to be ref moved forthwith, and in default of such removal the owner of the land may destroy them. No person shall drive cattle from the land or out of the herds of any other person without giving twenty-four hours notice in writing. The person impounding cattle shall not be liable to pay the pound-keeper the fees or charges. Where cattle have been seized for trespass for the purpose of impounding them, and the' owner shall tender the trr spass and driving rates before they are actually impounded, the person in charge must deliver them up. Pound sales} at which the pound-keeper shall act as auctioneer, are to beheld as prescribed by the local authority. Not more than one head of great cattle, ten sheep or goate, or five pigs shall be offered in one lot, and the poundkeeper shall neither in person nor by his agent purchase any cattle at such sales under a penalty not exceeding £50. Cattle which are not worth -their keep are to be destroyed. The duties of pound-keepers and thejpenalties for exceeding or not performing them are laid^down in detail. Penalties notexceeding £50 may also be inflicted upon persona rescuing orjinterfering with cattle impounded or, being driven to the pound ; destroying a pound or the gate fastenings thereof ; illegally impounding ; -illegally .removing cattle from one place to another for the purpose of impounding ; refusing to .disclose or stating untruly the name of the .owner of any cattle of which he is in oharge when demanded by a constable or by or on behalf of any person upon whose land such cattle are tresspaasing ; driving cattle from land not in his occupation on to the laud ! of!any other person or on to a public road '; wilfully leaving open any gate or slip panel, or making a gap in a fence for the purpose of permitting or causing cattle to trespass. The schedules attached to the Bill specify the fees and charges that are to be payable under its provisions, and the Actß and Ordinances (thirty- six in number) it is proposed to repeal. ,