IMPOUNDING ORDINANCE. (Concluded from our last.)

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 245, 4 December 1847, Page 3

IMPOUNDING ORDINANCE. (Concluded from our last.)

If not released, Cattle to be sold. 17. If any impounding 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 bailiff, by delivering the same to him personally, or by leaving the same at his usual place of abode, or within twenty- one days after the notice shall have been despatched through the post, or inserted in the Government Gazette, as the case may require, which periods of seven and twentyone days, respectively, shall be reckoned exclusive of the day upon which the said notice shall have 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 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 ordinance 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 ordiuince : and thereupon such Justice shall and may, if he be satisfied that such terms 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. Time of Sale. 18. A!l sales of impounded cattle shall take place on the tenth day after the same shall have been impounded, in all cases where notice of impounding shall have been affixed as aforesaid, or given to the owner, or his agent or bailiff, by delivering the same to him personally, or by leaving the same at his usual place of abode, and in all other cases on 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 tenth or twenty-fourth day, as the case may be, shall happen to be Sunday, or Christmas Day, or Good Friday, and then on the following 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 impounded, and shall commence at the hour of noon ; and not more than ten head of 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 hereo', the sum of £5, over and above restitution of the animals so purchased. How to be Sold. 20. All impounded cattle directed to be sold under the provisions of this ordinance, shall and may be sold by the poundkeeper, by public auction, to the highest bidder, notwithstanding that he shall not have takeu out a license as an auctioneer. Proceeds of Sale how to be applied. 21. It 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 ; secoudly in the payment of the sum due to the party at whose instance the same were impounded, and the residue he shall pay over to the owner of the cattle sold, where he is known, or to his known agent or bailiff, upon the same being demanded. And if the owner of the cattle shall he unknown, and have no known agent or bailiff, the said poundkeeper shall within one calendar month after the sale, pay into the htnds 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 tbeiein. In case no claim to the same shall be duly made within two years next alter the said money shall have been so paid into the hands of the Colonial Treasuier, it shall be lawful for the Governor by warrant under his band, to direct the same to be applied to the public uses of the colony, and to the support of the government thereof. If proceeds of Sale insufficient to satisfy damages, $•<?., owners of cattle to pay difference, 22. Provile.l always, that if the proceed* of any cattle impounded by any person, or bi» agent or bailiff, for trespassing or doing damage upon the lands of such person, and soljl under the authority of this ordinance, shall be insufficient to satisfy the lawful fees and charges of the poundkeeper .respectiug tb»

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 may make complaint to Justices. 23. For the purpose of avoiding, as far as may be, the impounding of cattle: Beit enacted, that where any cattle shall be found so trespassing, or doing damage within any such district as aforesaid, and the rate of damage for the said 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 to such rate or damage to take, drive, or send 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 his 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 his 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 bailiff; 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 tbe 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 tbe neglect and refusal of tbe 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 always, and be it further enacted that nothing herein contained, shall extend, or be construed to prevent the owner 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 fnll satisfaction for I any special damage sustained by him in con- j sequence of any trespass ; but if the plaintiff in any such suit or action, shall not, after waiving the ordinary damages, recover more than the amount of such ordinary damages, then he shall not be entitled to, or receive the costs of such suit or action from the defendant in the 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 non-suit, or discontinue his said suit or action, or a jodgmeut 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 any description shall escape, or be enlarged from any such pound, every such person shall be deemed guilty of a misdemeanor, and upon conviction of such offence before any competent Court, shall be liable to suffer fine and imprisonment, with or without hard labour, at the discretion of the Court before whom such offender shall be tried and convicted. Power to Justices to determine cases 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 pro- j secute his suit, it shall be lawful for the said Justices to direct tbe poundkeeper in whose custody the cattle shall be, to liberate the same, and thereupon the poundkeeper upon payment to him of his lawful fees and charges, doe in respect of such cattle, shall liberate the same in like manner as if the said cattle had been replevied. And to (enforce their orders in a summary tvy. 28. Upou 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 ai to the detention or deli-

very of the .cattle, and as to the sale thereof, or any part thereof, in case of the non-pay-ment of the amount of damage found to be due by (hem, 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. Poundkeeper* to keep Pound book, BfC. 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 saras were respectively impounded, and ' by whom they were sent, the time and mode of giving notice of the said impounding, as by this Ordinance required ; and also when and in what manner the same were released, and by whose orJer, and to whom delivered : the particulars of sales, and of the proceeds thereof, aud 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 as possible, but not after any dispute concerning such entry shall have arisen. And to produce the same/or inspection. 30. A copy of this Ordinance, and of the said pound book, shall at all reasonable times be produced by the said poundkeeper, to and be open for the inspection of any person desirous 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 extract 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 false 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 £10. Keeper to erect Painted Table of Fees, SfC. 32. The keeper of every such pound shall erect and maintain in some conspicuous part of the 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. Penalty for default. 33. Every such keeper as aforesaid, who shall fail to erect the said board, and to keep and maintain the same in proper repair, after it has been erected, or to make any lawful alteration therein, which may afterwards become necessary, within a reasonable time after the said alterations ought to be made, or shall knowingly paint or cause to be painted any false statements thereon, shall forfeit and pay for every day that such board shall not be erected, except during such reasonable time as the same shall be taken down for alterations, or repair, and for every day that such board shall not be maintained in proper repair, or lawful alterations be not made after a reasonable time for making the same respectively, shall have elapsed as aforesaid, the sum of 2s. 6d., and for every day he shall knowingly suffer any false statement to remain on the board, the sum of five shillings. And to be responsible for the safe keeping of cattle, and their delivery to owner. 34. The keeper of every such pound shall receive andi detain in his custody, any cattle lodged in such pound, and shall be responsible to the owner thereof, for every loss and damage sustained by the wilful act or- the neglect of such poundkeeper, or his servants, but not otherwise. And the said poundkeeper shall and may detain all cattle so impounded, until the same shall be replieved in due course of law, or until the sum for which the same were impounded, with- his lawful fees and charges, shall be paid or tendered or secured to be paid in the manner herein provided, or until he shall receive the written- order of the person impounding such' cattle, to deliver the same, together with bis lawful fees and charges. And upon such payment- as afore-said,-being tendered,- or paid; or- secured as hereinafter- provided, or such order being received fiom the perion impounding, together-

with his fees and charges as aforesaid, the said poundkeeper shall immediately deliver such cattle to the owner thereof, or his agent, bailiff, or servant, or other person duly authorised by such owner to receive the same. Penalty for default. 35. Every poundkeeper who shall fail to deliver such cattle as hereinbefore required and directed, shall forfeit and pay for every such offence, a sum not less than 405., nor more than £5. Form of security. 36. The security hereinbefore mentioned, shall be an undertaking in writing, and shall be in the form, and to the effect mentioned in schedule D, hereunto annexed, and shall be signed by the owner of such impounded cattle, his agent or bailiff. And every agent or bailiff, who shall sign such note, whereby such cattle shall be released from pound, shall be deemed the authorised agent of his employer, without any further proof being required thereof. And every such security or undertaking shall be paid at all events at the time and place hereinbefore mentioned, without any further notice or demand for such purpose. And upon failure of such payment, the amount or sum secured by such undertaking, shall and may be recovered in a summary way before any Justice of the Peace, upon the production of such undertaking or security before such Justice, and the oath of the poundkeeper that the same is still due and unsatisfied. Keeper tojost on pound description of catth impounded. 37. The keeper of every such pound, whenever and so often as any cattle shall be impounded therein for trespass, shall post a written notice on the gate, or some other conspicuous part of the said pound, setting forth a description of such cattle. And such notice shall remain so posted, until the said cattle shall have been claimed, or otherwise disposed of by due course of law. Penalty for default. 38. Every such keeper who shall neglect to post such noiice as aioresaid, shall for every such neglect, forfeit and pay a fine of 40s. Fines, BfC, to be recoverable in a summary way. 39. All fines aud penalties, to be imposed under the authority of this Ordinance, -shall be recoverable in a summary way. Conviction may be pleaded in bar. 40. A judgment of conviction, duly made under the authority hereof, shall and may be pleaded in bar of any suit, action, or information which shall be commenced, instituted, or prosecuted for such and the same cause or offence in any court whatsoever. Provisions of this Ordinance not to interfere with provisions of Cattle Trespass Ordinance. 41. Provided always, and be it enacted, that nothing herein contained, shall be held to interfere with, or prevent the operation of the " Cattle Trespass OrJinance." Session 7. No. 17. Interpretation — Cattle. 42. And be it further enacted, that in the construction of this Ordinance, the word Cattle shall be deemed and taken to mean, and to include horses, mares, fillies, asses, mules, bulls, cows, oxen, heifers, steers, calves, deer, rams, ewes, sheep, lambs, goats, and swine, and shall be deemed and taken to mean and include, and apply to any one animal of the said several kinds, and that when any word or words is or are used, denoting the singular number, or the masculine gender only, yet the same shall be understood to include and apply to several persons, as well as to one person, and to females as well as to males. Interpretation — Governor. , 43. For the purposes of this Ordinance, the word Governor, shall be taken to include the Lieutenant Governor, or the Officer administering the Government for the time being. (Signed) GEORGE GREY, Lieutenant- Governor, and Commander-in-chief.