The Standard AND PEOPLE'S ADVOCATE. (PUBLISHED EVERY WEDNESDAY AND SATURDAY.) SATURDAY, MARCH 6, 1875.

Poverty Bay Standard, Volume III, Issue 253, 6 March 1875, Page 2

The Standard AND PEOPLE'S ADVOCATE. (PUBLISHED EVERY WEDNESDAY AND SATURDAY.)

SATURDAY, MARCH 6, 1875.

“ We shall sell to no man-justice or right: We shall deny to no man justice or right: We shall defer to no man justice or right.”

It has recently been brought to our notice that a general impression prevails that the “ Impounding Act, 1867, Amendment Act. 1874” is in force. Suchis not the case. We have already drawn public attention to this matter, and recommended that its provisions should be at once applied to the Poverty Bay Highway District; but as the emendations of the old Act are not sufficiently known, (for it must be borne in mind that the Amendment Act does not repeal the Act of 1867, but “ shall be deemed and taken to be “ part of the said Act ”) we purpose to-day to give a transcript of such portions as are most likely to be of interest to the settlers. Before doing so, however, we would draw attention to another point which has, evidently, been greatly misunderstood both by the late Pound-keeper —Mr. Dalziell—and the public generally, namely, the specific conditions of the old Act relative to the application of the proceeds of the sale of stock sold in default of redemption. We conceive it our duty to point this out at this particular time, so that intending tenderers for the new term may not fall into the error which has, hitherto, been taken no notice of, and base their calculations of possible profits on the assumption that the. proceeds of all sales effected by the Pound-keeper go into his own pocket. The Road Board is now calling for fresh tenders, and we believe it is intended to confine future Pound-keepers to the strict letter of the law in this respect. The clause to which we refer runs thus, the italics are our own :—- 11. It shall be lawful for the Pound-keeper to demand sue for and receive from any person liable to pay the same all pound dues forage dues price of cattle sold and damage on account of trespass and to apply the same as follows : lie shall pay to the local Board if such exists otherwise to the Provincial Treasurer all Pound dues—to the person entitled to damage all damage awarded and received by him— to the owners of any cattle sold the nett proceeds of such sale after deducting damage and other eharges and he shall retain the forage dues expended by him. It was a condition between the Board and Air. Dalziell that, in consideration of his erecting Pound Yards at his own expense, he should retain all the/ees; this, we learn now, was construed by Mr. Dalziell to include the proceeds of sales as well, and was evidently a grievous blunder, one, too, with all deference we submit, the Board should have looked into before, for there can be no question, supposing our information to be correct, that if Mr. Dalziell has retained the sale proceeds, he is still liable, at the instance of owners, for any monies still held by him, and being in excess of the published fees and forage dues. But both the Acts are imperfect, as there is no provision in either for the disposition of such proceeds eventually, in cases where the owner of the stock sold is not known. In Hawke’s Bay the Impounding Act prescribes that in such cases the Provincial Treasurer is to hold the proceeds for a term—one year if we mistake not —so that the rightful owner may have a reasonable chance of getting his money. No such protection is given in the Auckland Acts, and the proceeds become the property of the Road Board in whose district the Pound is situated; clearly they do not belong to the Pound-keeper. The following clauses refer principally to alterations of, or additions to, the old Act:—

3. Clause 38 of the said Act is hereby repealed. Clause 38 reads thus “ Any fence “ erected in accordance with any “ Fencing Act for the time being in “ force in the Province shall be deemed “ a substantial fence under this Act.” The dieision of what is, or is not, a “ substantial fence,” is now to be made by “ Fence Viewers.” Vide clauses 14 and 15. 7. Such notice (of the impounding) shall also specify the dale not being less than fourteen days from the day on which the cattle shall have been impounded when such cattle shall be sold as hereinafter provided. Clause 9 provides for sales to be effected by Licensed Auctioneers, thus:— 9. The sale shnll be by public auction for cash upoti the conclusion of the bidding and if there shall be a duly licensed auctioneer within ten miles of the place where the cattle are impounded it shall be conducted by such auctioneer if there be no auctioneer or if such auctioneer shall decline to act then such sale shall be conducted within Highway Districts by a Member of the District Board and without Highway Districts by any Constable or fence viewer and the provisions of “ The Auctioneer’s Licensing Act 1863 ” shall apply to all sales under this Act except that in sales ’’J ftn y Member of a District Board or by any Constable or fence viewer it shall not he necessary that the person selling shall be the holder of an auctioneer’s license. This clause seems to clash somewhat awkwardly with the old Act. 12. If the impounder shall have have sustained other than nominal damage and shall claim substantial damages he shall forthwith give notice to two fence viewers of the district of the occurrence of the trespass and shall request them to examine the condition of the fences enclosing the property trespassed upon. 13. It shall be the duty of the fence viewer.as soon as conveniently may be to proceed to inspect such fences and notice t hereof shall b< ?iven to the owner or the servant agent or bailiff of the owner of the cattle impounded il such owner shall be known. 14. The fence viewers shall certify in writing whether such fences are substantial or not and

shall give a copy of their report to the impounder and to the owner of the cattle impounded if requested so to do. 15. If the fence viewers shall certify that such fences are not substantial fences within the meaning of this Act the Impounder shall not be entitled to claim any other damages than those allowed under Section 13 of the said Act in the case of lands not substantially fenced unless such damages shall be allowed in some Court of competent jurisdiction and such charges fees and expenses as may be authorised and fixed by the Superintendent in manner hereinbefore provided. 16. If the fence viewers shall certify that the fences inspected are substantial fences then the Impounder may claim for all actual damages sustained by reason of the trespass and shall be entitled to demand the payment thereof in addition to any other fees or monies allowed by the said Act before giving possession of the cattle impounded and in case of sale he may deduct the amount of such actual damages from the proceeds of sale. 19. Notwithstanding anything in the said Act or this Act contained it shall not be necessary in the case of trespass committed by goats or swine to show or prove that the lands trespassed upon were enclosed by a substantial fence to entitle the impounder to recover substantial damages. 20. Vouchers for all payments made out of the proceeds of sale aud the balance of proceeds (if any) remaining shall toget her with a short statement of the facts of the impounding and sale certified by the person conducting such sale and by one other person present thereat not being the injp.oundcr be forwarded to the Provincial /Treasurer within fourteen days after the day of sale. 21. Whenever this Act shall be proclaimed as coming into force it shall excepting as hereinafter provided thereupon be in force within all existing highway districts and shall have operation in highway districts to be thereafter created without fresh proclamation but it shall only come into force in parts of the Province without highway districts at such times and for such districts as shall from time to time be notified and created by the Superintendent in the Provincial Government Gazette. Provided however that Clause 3 of (his Act shall come into force immediatly after this Act shall have been assented to by His Excellency the Governor. 22. The foregoing sections of this Act excepting Section 3 shall only come into force on and aft er a day to be named by the Superintendent by proclamation in the Provincial Government Gazette.