IMPOUNDING ORDINANCE. (Passed the 16th day of September, 1847.) Title.

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 244, 1 December 1847, Page 2

IMPOUNDING ORDINANCE. (Passed the 16th day of September, 1847.) Title.

An Ordinance to authorise and regulate the Impounding of Cattle. Preamble. Be it' enacted by the Lieutenanc-Governoc of New Zealand, with the advice and consent of the Legislative Council thereof, as follows : Power to Governor to establish Public Pounds. 1. It shall be lawful for his Excellency the Governor, when, and as often as he may deem necessary, and at such places, and for such districts as may appear convenient to erect and maintain, and to authorise any private person to erect, and maintain, or to appoint any suitable premises already elected, adjoining to some public highway, to be established and maintained as Public Pounds, for the purposes of this Ordinance, and for the greater convenience of resort to such Pounds from time to time, to cause any such Pound to be removed to, and erected at «ny other place. And to appoint Poundkeepers. 2. It shall be lawful for the Governor to appoint fit and proper persons to be the keepers of any such Pound; at such salaries as to him may appear reasonable, and from time to displace and remove the keeper t>£ any such Pound, and to appoint a fit and properperson in his place. He shall give Security. 3. Every such poundkeeper shall from time to time, give security for good behaviour in his office, by bond, by himself and such sureties, in such form, and in such reasonable sum or sums respectively as his Excellency the Governor may think fit to require. .' ' . Notice in Government Gazette, .proof of, \ / Appointment. 4. A notification of the appointment or removal of any public pound or poundkeeper, as the case may be, shall be inserted in the Government Gazette, signed by ttie Colonial Secretary in ordinary form, and such notification shall be taken to he sufficient evidence,, that such pound or poundkeeper 'hath* beeD legally appointed or removed, as iv the said notification shall be contained. Power to Governor to advance Funds for the: Building of Pounds. 5. It shall be lawful for the Governor to advance and issue such sums as may be necessary for erecting and maintaining any such pounds as aforesaid.

Pounds to be securely Fenced and Divided. , 6. Every such Pound" shall be properly fenced and enclosed, and adapted as far as may be, for. keeping cattle infected with any contagious disease, separate and apart from those in health. And if any poundkeeper shall not keep up and maintain the said enclosures in proper repair, or shall knowingly keep, or permit to be kept any cattle infected with disease, in the same enclosure with cattle not so infeGted, or shall not keep the said Pound clean, or in good order, or the cattle which from time to time shall be impounded therein, supplied with sufficient wholesome food' and water, every such poundkeeper shall, upon conviction of any such neglect, forfeit and pay a sum not exceeding £5, nor less than £1. Pound Fees and Charges. 7.- The fees to be taken and charged by any poundkeeper, as and for pound fees, and the price to be charged and paid for the sustenance of cattle committed to any such pound, shall be those specified in schedule A. hereunto annexed, provided always, that it shall be lawful for the Governor, by notification in the Government Gazette, from time to time, to increase, reduce, or otherwise vary, tie said fees and charges as occasion may require. Justices to assess rates of Ordinary Damage. 8. It shall be lawful for the Justices of any j district in which any such pound shall be established, at any meeting, for the purpose of which notice shall have been given, or the major part of them, to estimate and assess reasonable rates for the general or ordinary damages which shall and may be demanded in a summary way, by the owner of any lands, without proof of special damage for the trespass of any cattle thereon, which rates shall be proportioned according to the respective descriptions, and value of the crops growing upon the lands trespassed upon, and also to the respective descriptions and nature of the cattle trespassing, and to frame a table of such rates as near as may be, according to the form in the schedule B hereunto annexed. And to fix other Fees. 9. It shall also be lawful for such Justices, at any such meeting as aforesaid, to specify all such reasonable fees as shall be taken and charged by any poundkeeper, for any matter or thing required to be done by him, under and by virtue of this ordinance, and not herein specially provided tori Provided always, that such rates and fees shall be subject to the alteration or disallowance of the Governor, and after being so altered or allowed, and after such alteration or allowance shall have been notified in the Government Gazette, shall and may be lawfully taken, demanded, and recovered respectively as aforesaid. Pound Fees and Charges may be received by Poundkeeper, 10. It shall be lawful for the keeper of any public pound, to demand and receive as pound fees and charges for the cattle of the several descriptions which shall be impounded therein, the several and respective sums which may from time to time be appointed in manner herein provided. And if the owner of any cattle impounded, shall release the same upon payment to keeper of the said pound, of the sum of money for which the said cattle were impounded, the said poundkeeper shall pay the same to the party who impounded such cattle, on his demand thereof ; and if such poundkeeper shall fail so to do, he shall on conviction, forfeit and pay for such his default the penalty of £5. And other Fees. 11. It shall also be lawful for any such keeper to demand, have, and receive, for the impounding of any cattle, and for feeding and maintaining the same, whilst impounded, and for giving notice thereof to the owner, and for all other matters and things which are by this ordinance required to be done by him, all such fees and charges as shall at any time be authorised to be taken and charged as herein provided. Such fees and charges so to be taken as aforesaid, shall be duly and faithfully accounted for, and paid over by such poundkeeper once in every quarter of a year, on or before the first days of January, April, July, and October, respectively, to the Co^nial Treasurer, to be applied to the public uses of the colony, and support of the government thereof, Provided always, it shall be lawful for the Governor, from time to time to appoint and declare, that such fees and charges, or any, or what proportion thereof, shall go and be applied by any such poundkeeper as aforesaid, jn full payment, or on account of salary and' remuneration. 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 shall 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, a sum not exceeding £5, nor less than £1. Cattle trespassing may be impounded on his own ground by the owner of the land trespassed 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 afoiesaid, 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 shall think fit so to do, provided that he shall, within twenty-four hours of such impounding, give or cause to be given to the owner of the said cattle, the like notice as 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 twenty-four hours each ; but shall, at the expiration of such three days, if not sooner released, upon payment of his lawful charges, drive, or cause to be driven, to the nearest public pound and lodged therein, in manner hereinafter mentioned : provided, also, that any person impounding cattle on his own land, as aforesaid, or his agent, bailiff, or servant, shall not 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 first-mentioned impounding, or any fee or charge for such impounding except such as shall by law be chargeable by the keeper of the nearest public pound, for feeding and | maintaining. Ot be taken to the Pound. 14. It shall also be lawful for any person, or the agent, bailiff, or servant of any person, I 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 specify, 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, or that he is wholly unknown ; the place where the said cattle were trespassing, and the amount of damage claimed for their trespass. Penalty for otherwise impounding. I 15. If any owner or occupier of land, his agent, bailiff, or servant, shall impound any cattle in any pound or place not authorised by this Ordinance, or in any manner contrary to the directions and provisions thereof, every person so offending shall, upon conviction, forfeit and pay, for ecery such offence, a fine not exceeding £10. 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 at a greater distance, and have a known agent or bailiff residing within five miles, which notice shall contain the same particulars as are required to be given to the poundkeeper by i 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 some one on his behalf, and also the sum of money for which the same were 1 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 I 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 twentyfour 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 £, hereunto annexed, to be inserted in the Government Gazette, which shall be published next after the expiration of the twenty-four hours, and .in which it shall be possible to cause the same to be inserted. Provided, always, that when the cattle impounded under the provisions of this ordinance, shall consist of sheep, goats, swine, or calves, and be not more than two in number, it shall not be necessary to give any other notice of such impounding, than by affixing a notice thereof on the pound, in manner herein directed. (To be continued.)