The Waikato Times. THURSDAY, AUGUST 29, 1878.

Waikato Times, Volume XII, Issue 966, 31 August 1878, Page 2

The Waikato Times.

THURSDAY, AUGUST 29, 1878.

Equal and exact justice to all men, Of whatever «ttite or persuasion, religious or political. ■" ■ . ;=-;

Here shall the Piiess the People's right maintain, Unawed by infljrenoft and unbiibed by gain. .]■[■■■: \ ' J .

The Impounding Bill, which is now before Uje Assembly, sets out by repelling a large mimber of colonial and provincial 'Acts, and amongst: them Ordinances of 1840, 1847, and 1849 ; sections 200 and 202 of the Counties Act, 1870 ; and sections 334 to 335, and sub-section 15 of section o4S), of the Municipal Corporiitious Acr, 1870 ; also, the Impounding Act, 1807; Protection to Ordens Acr, 1808 ; and linponnd. i :i «- Act, 1878 Amendment Act, 1874, of the Provincial Council of Auckland. The Bill vests the administration of the Act in County and Borough Councils, tut in the case of distiicis in ountie; where the whole of ihe CVu'ities Act, 1870 is not in operation, the administration oi' the Acr, will be regulated by the Governor in Council, the cost attending irs administration in such outlying districts beiug provided by the General Assembly, and the fees, fines, : penalties, and other, monies being paid by the persons receiving tbe same into the Public Aecount

Thus the oiilir ■) control of this I nuUjtejn^Ul he kept in the hands of st^P^il^^rtl K Governmont, at Wolfin^tijii, in the ciseof counties vrliich t l% tl^p t^vpeeph the Act of 1870" in its^U rdtjk The Impounding Bill no^befoipus is exceedingly stringeK^: aga%|t trespassing cattle, but, ut the^tae time, protects cattle -oWjjPje!^ '"against the h iriassing annoy h nee of pers cjtiou by persons who teaipt cuttle to trespiss by ill4e lace3.,1 ace3., ? .^Xlje. Uth clause of the Bill specially provides that except in case of pijjs, 'goat 'sj I'a1 'a ltd" geese^inj-ototiieu-ofc-occu-*, pieiv-pf any: uj)fon«;eil fweh^ld land in districts where tliere exists any right of' pasturage in coid mon shall be entitled to impound caltle found trespassing thorooh, or to demand or recovei any damages whatever by reason of the trespass therein of any cattle; anji» uufenci d l&iid by the inter pi elation clauses is taken to mean lard ; wlucW hag,, not a V aufficienb;' fence, or is not- enclosed within such a. fence according to, Hit* meaning of any! Act now pr li ! ' '"{••..' after to be iu'\fqi'Ce' relating £»» fencing. . Sub-section, $ ;i of / clause 52 provides that any persoii.illegally iin pounding ; any cattle, shall be liable '- to a- peit»\Hyuot- exceeding '.SSO, or ihijnisonment fcot exceedintr aix •months,., as. the jitst't «s hearing the case may dttermiue> .''.,■■-. „ ; <- I Cattle must be taken to tjie ueafest ad6e : ssible ■pound,, and- thperson jinpqmiding must specify in writing, besKies the description of the cattle and the place of trespass, the amount of damage rclnirnml, which is fixed by the Act. Trespass damages in gardens, in enclosed gro : • - iiig cr6ps, i-'titf J - jntblic'ce'metries, are fixed at 2s 6d -per/ head for horsrs and nedt cattle ;;Cd for sheep; and 5s for goats, pigs and geese. This can be chimed by Che 'iippo&nder ' as •; t£esp;]&sr d*n\s\zp in any case; but where' 'more ? se'ri6us damage..ha^ I been done it is open to the hnpbufrder (6 waive the rightto these ordinary, damages, and sue iW any competent court for full satisfaction for special damages sustained by him. Poundkeepers' fees are \ f3xejd^fet,a^owem'a^|h|iu*he^^fbi e, *nSMeiyV*%r eneif &ty&di>i p&i€*>f a day the animal is impounded, as follows :— Entire Horses, 2s Gdeach ; other horses, go,its, asses, and pigs, "lW; bulls, 3s (M each pother neat, cattle, 6d each-! up to ten ; 4d each fpr;the ne^t ten, and so ■. qn .to 2d each toi-all oyer ij(*ty; ianis, 6d enchl and sheep, 'or the lirst twenty, 2-1 ; for .thirty; l]-d } ; ,th,e,next fifty, Id; and all above one hundred, |d each. The sustenance cost, ehargesfor driv ingtopoitndandgiyingnotice are also fixed in the schedules to tHe'Bill. Occupiers df land trespassed on by caule, when the owners are known, may detain the same, instead of impounding' them, but must give notice to the owner: within twenty^ four hours, and many demand and ieceivetbe Irespassratea *u though tJiey had been pounded, The measure provides a pena Ity not ex< e :?ding £20 for entire animals over six months of age found .at large, and a penalty not exceeding double that amount in the case of rigs. Power is. given to : tne Miiifeter For Public Works to authorise any person to shoot cattle fou,ud ; trespsssiug on railway lities r but we presume such power will only be given hi tie case. of lines which the Govern rnont lifts protected b'v. fences from trespass, and stray unbranded ; .cattlefoutid on Crown lands will be deemed and taken to be the property of Her Majesty. There are a number of clauses for the. regulation of poundage fees, trespass charges, and the g 'idance of poundkeepers generally. The fees will go to the Council of the district, the. trespass rates to the impounded with an additional trespass rate not exceeding £10 in. the ca e.pf' entire ho : i\ses, bulls, and rams. ;. : ;