Page 2 Advertisements Column 3

New Zealand Times, Volume XXIX, Issue 4298, 30 December 1874, Page 2 (Supplement)

filled up or otherwise made secure, and every such person who fails so to light fence or enclose such materials or other things ot such hole, shall for every such offence forfeit a sum not exceeding ten pounds, and a further'sum not exceeding forty shillings for every day while such default is continued. 4. In no case shall any such building materials or other tilings, or such hole as last mentioned respectively, be allowed to remain an unnecessary time under a penalty not exceeding ten pounds, to be paid for every such offence by the person who whether by order or authority of the Board or not, causes such materials or other things to be laid, or such hole to be made, and in any such case the proof that the time has not exceeded the necessary time shall be upon the person so causing such materials or other things to be laid or causing such hole to be made. any house or other building or any part thereof over or across any public street footway or channel, he shall forfeit a sum not exceeding twenty pounds, and a further sum not exceeding five pounds for every day while the same shall so con6. If any house or other building or any part thereof shall, before the coming into operation of this subdivision, have been erected or placed in upon over or across the public highway, or any public street or footway marked or set out as such, in such manner as to be a common nuisance to the highway, or as to encroach on such street or footway, it shall be lawful for the Board to give notice to the owner of such house or building to remove such house or such part thereof as shall so have been erected or placed with such precautions for the safety of passengers and for the proper securing of so much (if any) of such house or building as is to remain thereafter as the Board shall see fit, and such owner shall within twenty-eight days after the service of such notice upon him, remove such house or part according to the tenor of such notice, and if such owner shall fail within the said period of twenty-eight days to remove such house or part or shall not comply with the requirements of the said notice, he shall forfeit a sum not exceeding ten pounds, and a further sum not exceeding five pounds for every day while such default is continued, and the Board may if they shall see fit remove such house or part and recover the expenses of so doing from the said owner. 7. If any cattle shall be found upon any land not being a common, and such that there is no fence whether upon the same land or any other dividing such first mentioned land from the streets, whether public or private of the district, or any of them, without any person having charge of such cattle, the owner of such cattle shall forfeit a sum not exceeding twenty shillings for every head of such cattle, and the proper officer of the Board may seize such cattle and place the same at some neighbouring place of safe custody, and any Justice, if such owner be not known, upon proof of the issue of a summons in the usual .form addressed to such owner as "owner" only, without otherwise naming or describing him, such cattle and the place of seizure being truly described therein, and of the publication of such summons in some newspaper commonly circulating in the district, may after the expiration of twenty-four hours from such publication, . proceed with respect to such owner not appearing as if personal service of a summons stating his name had been effected, or if such owner appear then as in other cases, and the Justice may order the cattle to be sold, and the money arising from the sale after deducting the said penalty and the costs awarded and the reasonable expenses to be estimated and assessed by the Justice of seizing keeping and selling the said cattle, shall be paid if demanded within one month to the owner of the cattle, and if not so demanded then to the Treasurer of the Board on account of the said Board, and if the said money shall not be sufficient for all the purposes aforesaid the amount whereby the same falls short, or if no such sale be ordered, the whole of the said amount may be recovered from the said owner if and when known in like manner as other penalties and sums adjudged or ordered to be paid by Justices are recovered. 8. If any cattle be at any time found in any street without any person having the charge thereof the owner of such cattle shall forfeit for every head of such cattle a sum not exceeding twenty shillings, and if such cattle shall by reason of having been so found at large have been impounded by the Board the amount of such penalty and the costs if adjudged respectively before the release or sale of such cattle shall be added to the pound fees and charges payable in respect of such cattle, and the amount thereof or such lesser amount (if any) as after the sale of the cattle may remain in the hands of the poundkeeper shall be paid over by him accordingly, and if the proceeds of any sale of-such cattle shall not be sufficient after paying the lawful fees and charges aforesaid to satisfy such penalty and costs, or if such penalty and costs shall have been adjudged after the release or sale of the cattle the same or so much thereof as remains unpaid shall and may be recovered from the owner of the cattle in like maimer as other penalties and costs adjudged by Justices are by law to be recovered, and if in the case of any information under this section" the owner be not known then the provisions of the last preceding section, so far as necessary to give the adjudicating Justice jurisdiction, shall apply. 9. If any goat shall have been sold under the provisions of the two last preceding sections, or under the provisions of "The Local Boards Act 1873," re-1 lating to the impounding of cattle for trespass in the streets, and shall after the expiration of twenty-four hours be found in any place whatsoever witliin the' district, any Justice may by warrant under his hand directed to any constable, authorize the destruction of such goat, and the same may be destroyed accordingly.