THE CATTLE TRESPASS ACT.

New Zealander, Volume 3, Issue 105, 2 June 1847, Page 2

THE CATTLE TRESPASS ACT.

It appears to be the glorious privilege of an , Englishman to grumble when he likes. We ' have left England, it is true ; but it does not follow that we have left behind us our " free born" disposition. When the late Fencing Act was in operation, the outcry against it was incessant ; now ' that it is repealed, and another law is in force, still some persons are dissatisfied. The legislature, on repealing the old Trespass Act, acted in entire concurrence with the wishes of the community, and in framing a new one it could have no other object than to make a law which was better adapted to the state of the Colony. We have now had a few months' experience of it, and we are anxious to discover if there be really any cause of complaint existing. It will be necessary, however, to first glance at the former act, and its operation on the agricultural community, in order to see with any degree of clearness what is actually iequired to satisfy, — not every one— that would be attempting a new version of old story, — but our feelings of justice, and at the same time, we hope, a great majority of the inhabitants of the country. One of the greatest evils to which the repealed act gave origin, was found in the en-

courogeinent it held out to unprincipled persons, to extort money from their neighbours by every species of imposition. A common system was to cultivate a small patch of ground without the shadow of a fence, for the mere purpose of entrapping cattle. One man publicly boasted of the large sum he had made by this means. Uut, it will naturally be asked, did not the frequent complaints of these disreputable individuals cause some suspicion in the mind of the Police Magistrate that all was not right ? The Police Magistrate knew nothing about it ; the cases were settled long ere they came into court. The complainant by that law calls in his two pot companions to see the damnges ; that double their amount was estimated is readily conceived ; and that damages were often lecovered where other parties could see none, is not difficult of comprehension. Two witnesses called in by the complainant, was all the law required ; and very, very reluctantly, as ihe defendant paid according to their decision, he thought it beti ter to do so than to incur in addition the heavy fees of the police court. Hence, was another impediment to the even course ofjustice. To avoid imposition on the one hand, a man had to be fleeced by the court on the other. A court of justice of such an expensive form can seldom answer the purposes for which it was instituted. In a case with which we were well acquainted, that came before the Police Magistrate, the defendant obtained a mitigation of damages from two pounds to ten shillings ; but it cost him not only the loss of his own time, but by the time the whole expenses were paid, nearly four pounds. The present act effectually prevents this kind of imposition, but some appear to think that sufficient protection is not given by it to the cultivator of the soil. He has a fence perhaps strong enough for ordinary purposes, yet not sufficiently substantial to resist horned ! cattle when determined to make a breach in it. We are however confident that in cases of this sort the present law would allow damages. We still think, however, that the new act does not provide for all cases. There should be two distinct acts, one to take cognizance of damages committed on properly fenced and cultivated ground, the other on ground badly fenced or not at ail, whether cultivated or not. The former should be termed the Damage Act, the latter the Trespass Act Cattle Pounds should be made in various localities, where all animals bieaking those laws should be sent. Should the injury committed come under the Damage Act, let the defendant choose one of the party to value it ; but should it be a case under the Trespass. Act, a certain fixed sum mentioned in the act, for each kind of cattle, should be a compulsory payment to the poundkeeper, ou releasing the stock. We hare every reason to think that a plan of this kind would, with perhaps some modifications, prove more practically useful, and more satisfactory than the present law.