IMPOUNDING ORDINANCE. Continued.

New Zealander, Volume 3, Issue 149, 3 November 1847, Page 4

IMPOUNDING ORDINANCE. Continued.

Penalty for taking Fees not authorised. 12. If any poundkeeper shall demand or take any greater sum for the impounding of any cattle, or for doing any act, matter, or thing, than such poundkeeper •ha! ljj be so authorised to demand or take, or shall fail duly to account and pay as aforesaid, every such poundkeeper shall forfeit and pay for every such offence, & sum not exceeding £5, nor less than £l. Cattle trespassing may be impounded on his own ground by the owner of the laivltrespassed upon. 13. It shall be lawful for any person, or the agent' bailiff, or servant of any person upon whose land enclosed by a fence, and within any such district as aforesaid, any cattle, the owner whereof shall be known to him, may be found trespassing, to impound and detain the same in any convenient place upon his lands, if he ■hall think fit so to do, provided that he shall, within twenty-four hours of such impounding, give or cause to be givon to the owner of the said cattle, the like notice at is hereinafter required to be given to the keeper of any public pound by any person sending cattle thereto. And provided also, that he shall feed and maintain the same cattle whilst so impounded, and shall not keep them so impounded longer than three whole days of t wenty- four houis each; but shall, at the expiration of such 3 days, if not sooner released, upon payment of bis lawful charges, drive, or cause the same to be driven, to the nearest public pound and lodged therein, in manner hereinafter mentioned : provided, also, that any person impoundiag cattle on his own land, at aforesaid, or bis agent, bailiff, or servant, shall uot be entitled to demand or receive any compensation for damage done by the said cattle, save and except for such damage as was done before their fim-inen* tinned impounding, or any fee or charge for such impounding except such as snail by law be chargeable by the keeper of the nearest public pound, for feeding and maintaining.

Or he taken t» the Pound. 14. It shall also be lawful fop any person, or the agent, bailifl, or servant of any person, upon whose land so enclosed, and being within any such district, as aforesaid, any cattle shall be found trespassing, to drive or lodge, or cause the same to' be driven or lodged, in the public pound nearest to the said land, and the person impounding any such cattle shall spe cif>, in writing, to the keeper of the said pound, the number and kinds of the cattle impounded, and the name of the owner if he be known, or supposed owner, or that he is wholly unknown ; the place where the said cattle were trespassing, and the amount of damage claimed for the trespass.

Penalty for otherwise impounding. 15. If any owner or occupier of land, his agent, bailiff, or servant, shall impouud any cattle in any pound or place not authorized by this Ordinauce, or in any manner contrary to tbe directions and provisions thereof, every person so offending shall, upon conviction, forfeit and pay, for every such offence, a fine not exceeding iflO.

Notice to be given to owner of cattle impounded. 16. If any impounded cattle shall not be followed to the pound or claimed by the owner thereof, or by some one on his behalf, within twenty-four hours after the same shall have been impounded, the keeper of the said pound shall; as soon as possible after the

expiration of the twenty-four hours, send notice, in writing, to the said owner, if he be known to him, and shall reside within five miles of the said pound, or to his agent or bailiff, if the said owner shall reside a t a greater distance, and have a known agent or bailiff residing within five miles, which notice shall contain the san.e particulars as are required to be given to the poundkeeper by the person impounding the same, and also shall contain notice of the time and place where the said cattle will be sold, if not sooner released from the said pound, by the owner or someone on his behalf, and also the sum of money for which the same were impounded ; and the said notice shall, within the distance aforesaid, be delivered personally, to the said owner, agent, or bailiff, or left for him at his usual place of abode. And if the said owner, agent, or bailiff, be known, and reside at a greater distance than five miles from the said pound, then, the said poundkeeper shall send the like notice, addressed to the owner, agent, or bailiff, by post, as soon as possible after the expiration of twenty-four hours from the time of impounding; and if neither owner, nor agent, nor bailiff, be known to the said poundkeeper, then he shall cause the like notice to be posted at the nearest church, post-office, or police station, and the notice in the schedule marked E, hereunto annexed, to be inserted in the Government Gazette, which shall be published next after the expiration of the twentyfour hours, and in which it shall be possible to cause the same tube inserted. Provided, always, that when the cattle impounded under the provisions of this ordinance, shall consist of sheep, goats, swine, or calves, and oe not more than two in number, it shall not be neceisaryjtojgive any other notice offsuchjimpounding, than by affixing a notice thereof on the pound, in manner herein directed.

If not released, Cattle to be sold. 17. If any impounded cattle shall not be released from the said pound by the owner thereof, or by some one on his behalf, within seven days after notice shall have been given to the said owner, his agent or bai- j liff, by delivering the same to him personally, or by ! leaving the same at his usual place of abod,e 1 or I within twenty-one days after the notice %Vtall have been despatched through the post, or. -inserted in the Government Gazette, as the case aiay require, which periods of seven, and twenty-\>ne days, respectively, shall be reckoned exclusive of the day upon which the said notice shall "nave been delivered, or despatched, or inserted, it shall be lawful for the said poundkeeper to apply to any Justice of the Peace, not being a party interested in the said matter, for an order for the sale j of the said cattle ; and the poundkeeper shall, at the time of such application, produce and shew to the said Justice, the pound-book kept by him, as by this ordi« nance directed, or an extract of so much thereof as may apply to the case, and also such other proofs by the oath of the said poundkeeper, or others, as the said Justice may require, that such poundkeeper has complied with the terms and provisions of this ordinance : and thereupon such Justice shall and may, if he be satisfied that such term- and conditions have been complied with, make an order under his hand, authorizing the sale of such cattle, or otherwise shall direct such acts to be done as shall have been omitted, and in the mean time shall suspend the order for the said sale until a future day, to be appointed anew by him, and until the said terms shall have been complied with, the notice of which suspension and future time of sale, shall be given by the said poundkeeper to the owner, his agent, or bailiff, personally, or at his usual place of abode, or through the general post, or by insertion in the Government Gazette, as the case may require, and in the same manner respectively, as herein provided, for giving the original notice of impounding: provided, always, that when any such delay and suspension of sale shall be necessary in consequence of the neglect of the said poundkeeper, the costs of all further proceedings and notice, as well as of the future feeding and maintaining of the said cattle, shall be borne by the said poundkeeper. (To be continued.)