IMPOUNDING ORDINANCE. Continued. Time of sale

New Zealander, Volume 3, Issue 151, 10 November 1847, Page 3

IMPOUNDING ORDINANCE. Continued. Time of sale

18. All sales of impounded cattle shall take place on the tenth day after the same shall have been impounded, in all c<>ses where notice of , impounding •sliall bavebeuu affixed as aforesaid, qr pivenjo tho owner, or his agent or bailiff, by delivering. t^e same* to him per&onally, or by Ifaviug the name at his usual, < place of abode, aud in all other cases ou the twenty-

fourth day after such notice shall have been despatched through the post, or inserted in the Government Gazette, or affixed as aforesaid, unless the said lentb or twenty-fourth day, as the case may be, shall happen to be Sunday, or Christmas day, or Good Friday, atid then on the following 1 day, and unless the sale be suspended by order of a competent Judge, Place of sale. 19. All such sales shall take place at the public pound, where the said cattle shall have been tin - pounded, and shall cou.mence at the hour of m.on ; and not more than ten head ol sheep, or goats, or five pigs, shall be put up in any one lot, and not more than one horse, or one head of any other cattle ; and neither the person who impounded the said cattle, nor the keeper of the said pound, nor his surety, nor the Justice who made the order for the sale, shall, either personally or by any other, purchase the said cattle, nor any part thereof, upon pain that every person offending therein, shall forfeit and pay for every such purchase, contrary to the true intent and meaning hereof, the sum of i? 5, over and above restitution of the animals so purchased. How to be sold. 20. All impounded cattle directed to be sold under the provisious of this ordinance, shall and may be sold by the poundkeeper, by public auction, to the highest bidder, notwithstanding that he shall not have taken out a license as an auctioneer. Proceeds of Sale how to be applied. 21. ll shall be lawful for every such poundkeeper to receive the price of any impounded cattle so to be sold, as aforesaid, and to apply the same, first in the payment of all lawful fees and charges due to himself; secondly in the payment ofthesumdue to the parly at whose instance the same were impounded, and the residue he pay over lo the owner of the cattle sold, where he is known, or to his known agent or bailiff, upon the same being deman ded. And if the owner of the cattle shall be unknown, and Lave no known agent or bailiff, the said poundkeeper shall within one calendar month after the sale, pay the amount into the hands of the Colonial Treasurer, in trust for the party entitled thereto, and the receipt of the said Treasurer shall be the legal discharge of the said poundkeeper for the amount named therein. In case no claim to the same shall be duly made within two years next after the said money shall have been so paid into the bands of the Colonial Treasurer, it shall be lawful for the Governor 'by warrant under his hand, to direct the same lo be applied to the public uses of the colony, and to the support of the government tbeteof. If proceeds of Sale insufficient to satisfy damages, Qc, owners of cattle to pay difference. 22. Provided always, that if the proceeds of any cattle impounded by any person, or his agent or bailiff, for trespassing or doing damage upon me lands of 6uch person, and sold under the authority of this Ordinance, 6hall be insufficient to satisfy the lawful fees and chaiges of the poundkeeper respecting the same, the residue of such fees and charges shall be paid to the said poundkeeper by the proprietor of the said cattle if known* Instead of impounding cattle, party aggrieved miy make complaint to Justices. 23. For the purpose of avoiding, as far as may teethe impounding of cattle : Be U enacted, that where any cattle shall be found so trespassing or doing damage within any such district as afore* said, and the rate of damage for the 6aid trespass shall have been estimated and assessed by the Justices, and allowed by the Governor, as aforesaid, it shall be lawful for the person entitled lo such rate or damage to take, drive, or s«nd such cattle to their owner, or his known agent or bailiff, and he is hereby required to pay the same as and for a satisfaction of the said damages and trespass. And if the owner of such cattle, or some person in bis behalf, shall not pay the amount of such fixed rate of damage upon the same being demanded, it shall be lawful for the party aggrieved by such trespass, instead of impounding the cattle to make bis complaint to the Resident Magistrate, or any two Justices of the Peace, and such Magistrate or Justices shall summon before him the owner of any cattle so having trespassed, or if he be absent, his known agent or bailia'jf and it shall be lawful for such Magistrate or Justices at the time appointed by such summons for the appearance of the party complained against, whether he appear or not upon proof of the service of such summons, summarily to enquire into and examine, and hear and determine the matter of such complaint; and upon satisfactory proof of such trespass, and of the neglect and refusal of the party complained against to pay the fixed rate of damage, to issue his or their warrant to levy the same, together with such costs as to the said Magistrate or Justices shall appear fair and reasonable* Or may waive assessed damages, and proceed for special damage. 24. Provided al ways, and be it further enacted that nothing herein contained, shall extend, or be construed to prevent the ownei of any land trespassed upon, and being within any such district as aforesaid, from waiving the ordinary damages to be estimated, assessed, and allowed, as herein provided, and claiming in any competent court full satisfaction for any special damage sustained by him in consequence of any trespass :but if theplaintiff in any such.suit or action, shall not, after waiving the ordinary damages, recover more than the amount of such ordinary damages, then lie shall not be entitled to, or receive the costs •ffiuch|suit or action from the defendant in tl.t same, but such defendant shall be entitled to, and receive from the plaintiff, the costs incurred by the said defendant; and if the plaintiff in any such suit or action become nonsuit, or discontinue his said suit or action, or a judgment be given against him therein, the defendant shall be entitled to, and receive double costs from such plaintiff. Penalty for rescuing cattle from Pound, fyc. 25. If any person shall rescue any cattle which shall have been lawfully seized for the purpose of being impounded, or shall break down, injure, or destroy any pound, legally constructed, whether any cattle shall be impounded therein or not,*or shall commit any pound breach or rescue, whereby any cattle of anj description shall escape, or be enlarged from any sucti pound, every such perion shall be deemed guilt) of a mis-

demeanor, and upon conviction of such offence before any competent Court, shall be liable to suffer fine and imprisonment, with or without hard labour, at (he discretion of the Court before whom such offender shall be tried and convicted. Power to Justices to determine causes of action arising out of the impounding of cattle. 26. Provided always, and be it enacted, that it shall be lawful for any two Justices of the Peace not interested in the matter in dispute, to take cognizance of, and decide in a summary way, all causes of action arising out of the impounding of cattle for trespass, wherein neither the party impounding, nor the party whose cattle shall be impounded, claims any greater amount of damages than £20. And to order cattle, to be liberated. 27. If the party whose cattle shall be impounded shall take out a summons in prosecution of his suit, and shall enter into security to the satisfaction of such Justices, to prosecute his suit, it shall be lawful for the said Justices to direct the pouudkeeper in whose custody the cattle shall be, to liberate the same, and thereupon the pouudkeeper upon payment to him of his lawful fees and charges due in respect of such cattle, shall liberate the same in like manner as if the said cattle bad been replevied. And to enforce their orders in a summary way. 2S. Upon hearing the parties, and upon examination of the merits of the case, it shall be lawful for such Justices to make such order as to damages and costs to be paid by either party, and as to the detention or delivery of the cattle, and as to the sale thereof, or any part thereof, in case of the non payment of the amonut of damage found to be due by them, or of any cost payable by the owner of them, as shall be just, and to enforce the payment of such damages and costs in a summary way. Poundkeepers to keep Pound book, %c. 29. The keeper of every public pound shall have and preserve at, or near to the said pound, a copy of this ordinance, and also a pound book ruled and divided into columns, as near as may be in the form in schedule C, hereunto annexed, and he shall enter into the said pound book, in a legible hand writing, the particulars of all cattle lodged in the said pound, specifying the day and hour, as near as may be, when and the cause for which the same were respectively impounded, and by whom they were sent, the time and mode of giving notice of the said impounding, at by this Ordinance requited ; and also when and in what manner the same were released, and by whose order, and to whom delivered : the particulais of sales, and of the proceeds thereof, and by whose order the same were made, and the said entries shall be made at the time the said acts were respectively done, or as soon after at possible, but not after any dispute concerning such entry shall have arisen. And to produce the samefor inspection, 30. A copy of this Ordinance, and of the said pound book, shall at all reasonable limes be produced by the said poundkeeper, to and be open for the inspection of any person desiring to see the same, upon payment to the said poundkeeper of the sum of sixpence for every such inspection; and the said poundkeeper shall grant extracts, (signed by himself,) from the said pound book, upon payment of one shilling for every such ex* tract not exceeding 100 words, and for every subsequent number of words, not exceeding 100, sixpence. And shall preserve and keep for not less than twelve calendar months, all orders made by Justices concerning any cattle impounded. Penalty for default. 31. If any poundkeeper shall neglect or refuse to produce a copy of this Ordinance, or of the said pound book for the inspection of any person desirous to see the same, upon his lawful fee for the same being first paid, or offered to be paid, or shall neglect to make any lawful entry therein, he shall forfeit and pay for every such default, a sum not exceeding twenty Shillings. And if any poundkeeper shall wilfully delay making any entry, or shall knowingly make any ialse entry in the said pound-book, or shall wrongfully erase, or destroy any entry, previously made therein, he shall forfeit and pay for every such offence, the sum of jglu. ! Keeper to erect Painted Tahle of Fees, tyc. 32. The keeper of every such pound shall erect and maintain in some compicuous part of tbe said pound, a board having painted thereon, in legible black characters on a white ground, a table of all such lawful fees and charges, as he may be hereby authorised to demand, have, and receive, together with all rates of ordinary damages, as estimated, assessed, and allowed, as herein provided. [To be continued.]