IMPOUNDING ACT.

Wairarapa Standard, Volume I, Issue 48, 2 December 1867, Page 3

IMPOUNDING ACT.

Repeal of Ordinance Session VII, No. 17, and Session VIII, No, 6, in certain districts.

1. That the ordinances of the Legislative Council of New Zealand Session VII, No 17 intituled the “Cattle Trespass Ordinance” and Session VIII No. (3 intituled the “Impounding Ordinance” shall bo inoperative in the Province of Wellington after the passing of this Act. Occupier of Land trespassed on may give notice to owner of Cattle trespassing to remove the same, &c. 2 That when the occupier of any land shall find any cattle belonging to any other person trespassing 1 thereon ho may by notice in writing require the owner of such cattle forthwith to remove the same from such land. And if such cattle shall not he removed within 24 hours after such notice being delivered to or left at the abode of the owner of such cattle he ehall be liable to pay such amount of damages for every '24 hours during anv portion of which the cattle shall continue to trespass (according to the nature of the cattle and the land trespassed upon) as specified in Schedule A hereunto attached such damage shall he paid to the occupier of the land on b is written demand personally served on the owner of the cattle and if not paid within 24 hours then may he summarily recovered.

Party so aggrieved may summon the other for compensation for damage so done to him.

•3« Any person on land in whose occupation any cattle may trespass may without impounding such cattle summon the owner thereof before a Justice of the Peaco who may award such special compensation for damage done as he may on the evidence of the complainant and at least one other person think proper.

Cattle trespassing may be impounded either on the land or in the Public Pound, and there ■ ’detained until sold or redeemed. Proviso. Impounder how to act.

4. Any Cattle trespassing on laud may be impounded by the occupier thereof either upon the land whereon the trespass is committed or in the Public Pound and may be there detained either till such damage is paid as specified in Schedule A as well as any special damage claimed bv the impounder or till sold or replevied or redeemed under the provisions of this Act. Cattle may be impounded *n the land where the trespass is committed pnlv when the ’Ownership of such cattle is known to the impounder and written notice thereof.shall bo given to the owner or left at his abode within 24 hours after the impounding. The impounder shall supply the said cattle with necessary food ■while impounded for which he shall ho entitled to receive payment ..according to Schedule B hereunto annexed and if the cattle are not redeemed or replevied at the end of'the third day after impounding ho shall then, impound the same in the nearest public ppund to he dealt with under the provisions of this Act as if taken there m the first instance.

la case of Cattle driven along a highway,, and accidentally trespassing on nnfenced land adjoining thereto, the driver exerting himself to drive back the same on to the highway, such not liable to operation of. this act.

5. When any cattle being bona fide driven along a highway shall without the consent ofor connivance of thedriverbroak away and trespass on any nnfenced land adjoining such highway and the driver shall immediately exert himself to drive such cattle back into the highway and such trespass shall not be protracted any longer than the unavoidable necessity of the case may require the owner ef such cattle shall not be liable to any of the penalties of this Act nor the cattle liable to be impounded in respect of such accidental trespass.

In case Cattle be taken to a Public Pound, the ■ Impounder to give a certain statement of said Cattle to the Poundkeeper to serve a notice to owner of the said Cattle, If owner cannot be found, Poundkeeper how to ace.' With respect to notices and sale regulations.

6. When any cattle shall ho taken to a public pound the impounder shall deliver to the Poundkeeper a written statement of the number and kinds of such cattle the name of the owner if known to him the name of the impounder and the amount of special damage claimed if any. The Poundkeeper shall thereupon if the owner he known serve upon him or leave at his abode a copy of such notice and shall also state thereon the time at which such cattle will be sold under the provisions of this Act if not previously redeemed or replevied. If the owner shall not he known then a similar notice in which shall be stated a description of the cattle and if any the brands or marks on the same shall ha posted by the Poundkeeper on some conspicuous part of the pound and shall he twice advertised in some newspaper if any such he published within 20 miles of such pound. If the cattle shall not be redeemed or replevied within 7 days (when the owner is known) or within 21' days (when the owner is not known) the Poundkeeper may apply to 1 any Justice of the Peace who on being satisfied that the provisions of this Act have been complied with shall issue his warrant for the sale of the cattle. Such sale (when the owner is known) shall take place on the 10th day after notice given to him of the impounding and (when not known) on the 24th day after posting such notice at the pound." Not more than 10 head' of sheep or goats 1 horse or Tof any other cattle shall he put up in one lot and neither the impounder the Poundkeeper nor the Justice of the Peace directing the sale shall personally nor by agent purchase any of such cattle under a penalty of £ij and the avoidance'of the purchase. All such sales to be effected by public auction to the highest bidder by the Poundkeeper who ■ shall not he liable to a penalty though, he may not he a licensed auctioneer!'

Proceeds of sale, how to be applied. 7. The proceeds of any such sale shall

be paid to the Poundkeeper who shall pay first to himself all the fees and expenses of poundage, 2ndly to the impounder the damage due to him under this Act. 3rdly to the owner of the cattle if known any balance remaining after such payment. But if the owner be not known such balance shall be paid by the Poundkeeper to the Provincial Treasurer in trust for the owner of the cattle who shall be entitled to receive the same without interest from such Treasurer at anv time not exceeding two years after such sale after which date he shall bo barred and the said balance shall be applied to the public service of the Province. If the sale of such cattle shall not produce sufficient to cover the damages claimed and the fees and expenses of impounding the owner shall he liable therefor and the sum may be recovered by the usual course of law.

Owner of impounded Cattle not satisfied with the reasonableness of the amount claimed, or who may dispute the fact of the trespass how to act. 8. Any person whose cattle may have been impounded either in a public or private pound who may dispute the fact of the trespass or the amount of special damage claimed may on depositing with a Justice of the Peace the amount of damages and poundage fees and expenses require such Justice of the Peace to issue his warrant to the party in whose custody the cattle may be directing him to deliver them to their owner and the Justice of the Peace shall issue the same accordingly and shall fix the time for hearing the evidence relative to such dispute and shall summon the party impounding the cattle to attend such hearing and give any evidence he may think necessary and the Justice may at such hearing make such decision and award such costs against either party in respect of such hearing as he may think fit provided that he shall not award more special damages than have been claimed by the impounder.

•Owner of Cattle trespassing not to enter upon any lands without permission, for the purpose of seeking for or driving the same therefrom. Penalty for so doing. Proviso, 9. It shall not he lawful for any person to enter upon any land in the occupation of any other' person for the purpose of seeking for or driving therefrom any cattle belonging to the person so entering without the permission of the occupier under a penalty of not more than £5 nor less than 6 shillings unless such cattle shall be milk cows in actual use as such or the cattle shall be actually trespassing on cropped land or land laid down with artificial grass and fenced ■with such fence as described in the Ninth Section of the Fencing Act passed in the First Session of this Council. Provided that if such permission shall have been asked in writing served on such occupier and shall have been refused any Justice of the Peace may authorise the partv desirous of seeking for his cattle to enter on anv lands where he believes them to he and seek for and drive away the same But nothing in this Act contained shall relieve the party so seeking or driving from any damage to which he might he liable for any injury which may he done by him to the cattle of such occupier by driving or disturbing the same. Penalty for driving Cattle from the lands of their owner. 10. Any person driving cattle belonging to any other person from any land occupied by the latter shall be liable to a penalty of five shillings for every head of large cattle and one shilling for every head of small and shall also repay to such party such amount of damage for loss of time or trouble incurred by the owner in recovering such cattle as any Justice of the Peace may award. Penalty for having Cattle at large in any road or street. 11. The owner of any cattle found wandering at large in any road or street shall be liable to a penalty in respect thereof of one shilling a head for great and threepence a head for small cattle And for the purpose of enforcing such penalties all the remedies and powers hereinbefore given to persons in respect of cattle trespassing on lands in their occupation are hereby vested in all persons living on any lands or in any house abutting on anv road or street in which .any cattle shalf be found wandering at large in respect of such cattle and in all Justices of the Peace Commissioners or Wardens of Eoads and Police Constables All penalties shall be paid into the Provincial Treasury and be applied to the public service tf the Province The receipt of any Police Constable to ho a discharge to the party receiving such penalty and paying over the same to such Constable for the use of the Province. ,

Power to Superintendent to proclaim public pounds, and to appoint or remove Poundkeepers. 12 The Superintendent may from time to time by Proclamation declare any pounds to be or cease to be public pounds within the meaning of this Act and mav from time to time in likemanner appoint sujpend remove and reappoint keepers of such pounds who shall give such security for the proper fulfilment of their duties as the Superintendent shall think proeAll public<%pounds and pound pers being such by virtue of any law heretofore existing within this Province ehall he public pounds and poundkeepers fo#:the purposes of this Act until disallowed by Proclamation as aforesaid. Duties of the Poundkeepers. Penalty in case of neglect. 13. Every poundkeeper shall keep his pound in good repair and shall provide all cattle impounded therein with sufficient food for which he shall be entitled to charge as specified in Schedule B hereunto annexed He shall receive •all such cattle when brought to be impounded and safely keep the same till redeemed repleyined or otherwise discharged in course of law being however

responsible for the safe keeping only in case of neglect or wilful misconduct He shall keep a book and shall enter therein the particulars of every impounding as nearly as may be in the form of Schedule G hereunto annexed He shall keep a book and shall enter therein the particulars of every impounding as nearly as may be in the form of Schedule C hereunto annexed He shall allow all persons to inspect his book on paymen'; of 6d for every inspection and shall allow extracts to be made therefrom (examined and signed by himself) on payment of a further sum of 6d for every such extract He shall keep affixed to some conspicious part of the pound a hoard ■with a scale of the fees and of ordinary damages allowed by this Act painted thereon in black letters on a white ground He shall give all notices and do all things required by this Act and he shall charge and receive such fees in every case as specified in Schedule D hereunto annexed and all such fees and charges shall he paid over to the Provincial Treasurer for the public service of the Province once at least in every quarter, unless the Superintendent shall declare as he is hereby authorised to do that the same or any proportion thereof shall he retained by such poundkeeper for or towards his salary If any poundkeeper shall wilfufly make default in the performance of any of the duties hereinbefore imposed upon him he shall he liable to pay a penalty not exceeding £5 for every such default on the information of any person who shall have a direct and personal interest in such default.

With respect to entire animals found at large Power to Superintendent; to declare what dia tricts shall come within the operation o this act. 14. The owner of any entire horse ass mule or bull above one year old found at large on any land not occupied by such owner shall be liable to a penalty notexceeding £6 nor less than £1 and the owner of any ram or boar of such age so running at large shall be liable to a penalty not exceeding £2 nor less than 10s And any person on land in whose occupation such entire animal may he found may (after forty-eight hours’ notice in writing served on the owner thereof during which period the owner shall be at liberty to remove such animal) castrate the same and charge the owner thereof with double the amount usually charged in the neighbourhood for such operation and shall not he liable for the death or other injury of such animal if the same shall ensue on such castration unless such death or injury be attributable to the wilful neglect or inexperience of the castrator And if such entire animal shall while so at large have leaped any female animal being 1 on land in the law ful occupation of the owner of latter the owner of such entire animal shall pay such damages to the owner of the female animal as may he awarded in any court having jurisdiction to theamount sought to he recovered.

Interpretation of the words *• Cattle and “ Owner.” 15. It shall be lawful for the Superintendent by Proclamation to declare certain districts to be pastoral districts and that this Act or any clauses thereof which he may specify shall not apply therein and at any time to declare thal such districts have ceased to be pastoral and come within the full operation ol this Act. With respect to the recovery of penalties and ■damages, to whom payable. 16. In the construction of this Act and of the Schedules thereunto annexed the words “ Great Cattle ” shall be taken to mean horses geldings mares colts fillies asses mules hulls oxen cows heifers steers and calves “ Small Cattle ” shall he taken to mean rams ewes wethers lambs goats and swine and “ Cattle ” shall signify both great and small cattle The owner of any cattle shall include all persons employed or authorized by such owner in the execution of anything contrary to the provisions of this Act. 17. All penalties and damages due under this Act and which shall not be recovered on written demand or summarily all damages shall be paid to the party on whose land the trespass was committed and all penalties shall be paid to the Provincial Treasurer for the public service of the Province, SCHEDULE A. Great Cattle. —On land nnfenced Is; on land fenced, 2s ; on garden fenced, 4s. •Small Cattle. —On land nnfenced 2a ; on land fenced, 4d ; on garden fenced, Is. SCHEDULE B. Charges for food to be paid to the Ponndkeeper Every head of Great Cattle Is. Od. Small do Os. 3d. The above charges to be paid for each day or part of a day, and to include water, which the Pound Keeper is to see properly given at least once every day.