Original Correspondence. THE CATTLE TRESPASS ORDINANCE.

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

Original Correspondence. THE CATTLE TRESPASS ORDINANCE.

To the Editor of the New Zealandeu • Sir,— l much regret that the correspondence which you have lately published on this subject has not led you to make some remarks upon it, for it is one of immense importance to this district, and must be settled in some way— neither will the sneers of Ruricola, or of those in his interest, have much effect in preventing a

just settlement. The fact is, Mr. Editor, that the persons benefited by the present Ordinance are principally divided into two classes :— One, the wealthy herdmaster, who buys a cargo, or imports one, with the sole object of turning his money to advantage, by selling again to the Commissariat, and has, notwithstanding his property, little or no stake or interest in the Colony ; he is not particularly anxious to feed off his neighbour's crops, his only object is lo keep the cattle with as little expense as possible, unlil he can re-sell them ; if they will eat the growing crops around, he cannot help it, of course ; he can only shrug his shoulders, and insist upon it that the- Oidinance is a good one. — The other class I refer to, are the mechanics and labourers in the town. These buy their one cow to start with ; they do not even own an inch of land, probably not even the house they lfve in ; the stock being in so many hands, increases more rapidly than by births, and the consequence is, that the neighbourhood of the town is overrun with an army of greedy foragers. The remainder of the stock is in the hands of what may be called legitimate holders— l mean persons engaged in agriculture — these persons for their own sakes take care of their cattle, otherwise they would be as liable to be injured by them, as would their neighbours. It is against the two clasics I have fir&t mentioned that the agriculturists seek for protection, for, as the law at present stands, they have none. It was laid dowu by the late Resident Magistrate, as a rule, that no fence was substantial tlnough which caltle could succeed in making their way j and, consequently, that when a person suffered from trespass, it was because his fence was not substantial, and without that he could have no redress ! Rurieola's idea of a substantial fence is scoria: that might or might not come up to the Resident Magistrate's idea ; but it is not every one who has had the prudent foresight of lluricola, and chosen his location in a bed of scoria lie may be glad enough to use it for fencing, and lecommend it to his neighbours — but my farm has no scoria pear it. and I am not disposed to purchase from lluricola ; on the contrary, 1 prefer, both for durability and appearance, a good live fence, but 1 find it a difficult matter to attain, from the almost impossibility of keeping stray cattle from it Euricola sneers at poor Agrioola's "unsightly cabbage stalks;" doubtless, they must be sufficiently unsightly to Agri • cola ; but there is one thing certain, Agricok's cabbages would never have got to Ruricola's cows — and according to my old-fashioned notions, if Ruricola's cows were the depredators, he stands very much in the position of a receiver of stolen goods. Agricola probably expended as much money in fencing and cultivating, as lluricola did in the purchase of his cows ; but as long as the present Trespass Act lasts, Ruricola has the interest both of his own money and Agricok's, for 1 do not doubt that he obtains a much better meal of milk after turning them into his neighbour's crops, than he would do if he kept them within his own scoria enclosure. In conclusion, I would recommend Ruricola, if he has any hopes of " posterity," to endeavour to bequeath to them, in addition to his substantial fencing, a character for upright, sterling honesty— not such honesty as is but too rtfe here, that of merely keeping on the windy side of the law, but the honesty of a man who will not, under any pretext whatever, appropriate that which is not justly his own. I am, &c, Omega. May 30th, 1847.