742
THE NEW ZEALAND GAZETTE.
[No. 49

"Residence of the owner" of any cattle shall mean the
nearest known residence or homestead in use of the
owner of such cattle:
"Poundkeeper" means the keeper of a public pound ap-
pointed under the authority of these regulations:
"Gazette" means the Gazette for the time being published
under the authority of the Government of New Zealand,
and includes any supplement thereto so published.

2. From and after the date when these regulations shall come
   into force no cattle shall be impounded within the district except
   under the provisions of these regulations.

3. If any cattle shall be found straying in, upon, or lying
   about, or shall be found tethered in any street, thoroughfare,
   highway, or other public place within the district, or so im-
   mediately adjacent thereto respectively, as to obstruct any
   such street, thoroughfare, or other public place, it shall be
   lawful for any person to drive such cattle to the nearest pound;
   and the owner of such cattle shall, upon conviction, be liable to
   a penalty not exceeding £2 in respect of every such offence.
   This provision shall not apply to cattle owned by any licensee of
   Crown lands, if such cattle be depasturing on roads or other
   public places over which such licensee has a right of pas-
   turage.

4. If any cattle shall be found trespassing upon any land, it
   shall be lawful for the occupier of such land or of the pas-
   turage thereof, thereupon to take such cattle, and either to drive
   them to the residence of the owner, or to the nearest public
   pound, or to detain them on the land of such occupier or else-
   where at some convenient place, and immediately upon such
   detention to give notice thereof at the residence of the owner
   of such cattle; and such occupier shall be entitled to recover
   from such owner ordinary damages and charges for driving
   such cattle, or for giving notice of the detention of the same,
   according to the scales set forth in Schedules A and B of these
   regulations: Provided, however, that such occupier may demand
   the payment of such ordinary damages before restitution of such
   cattle; but if such occupier shall claim special damages in
   respect of such trespass, then such cattle shall not be detained
   if application be made by the owner for their restitution: Pro-
   vided that no owner or occupier of any unfenced freehold land
   shall be entitled to demand or recover anything more than the
   prescribed fees for driving or for giving notice of the detention
   of such cattle.

5. If any bull, ram, boar, entire horse, ass, or mule shall be
   found wandering or straying upon land which is not in the
   lawful occupation of the owner of such animal, or upon any
   street, thoroughfare, highway, or other public place, it shall be
   lawful for any person to impound such animal, and the owner
   thereof shall, on conviction, be liable to a penalty not exceeding
   £10.

6. Any person entitled to claim ordinary damages for trespass
   committed by any cattle, and not having impounded such cattle,
   may proceed for and recover such damages in the ordinary
   course of law; and if such person shall have impounded the
   said cattle the Poundkeeper shall on demand pay such damages
   to him as herewith provided.

7. If any cattle shall be found trespassing upon any fenced
   land the occupier of such land shall be entitled to recover from
   the owner of such cattle either ordinary damages or special
   damages, as he may elect, and may proceed for and recover
   the same in the ordinary course of law.

8. If any pigs or goats shall be found trespassing on any land,
   whether fenced or unfenced, the occupier or owner of such land
   may recover from the owner of such animals damages at the
   rate of 1s. per head; and if any pigs or goats, the property of
   the same owner, shall again trespass on such land within three
   months after the first trespass such occupier may recover from
   such owner damages at the rate of 2s. per head for every pig or
   goat so trespassing: Provided that such occupier may either
   drive such pigs or goats, or cause them to be conveyed, to the
   residence of the owner, and such occupier may thereupon
   recover from the latter the reasonable expenses incurred by
   such driving or removal; or such occupier may give notice to
   the owner of such pigs or goats that they are so trespassing,
   and if such owner shall not forthwith remove the said animals,
   he shall pay to such occupier damages at the rate of 3s. per
   head for every pig or goat so trespassing. Any such damages
   may respectively be proceeded for and recovered as in the
   ordinary course of law.

Pounds.

1. It shall be lawful for the Governor to cause a public
   pound or public pounds to be erected and maintained within
   the district, and from time to time to abolish or remove the
   same at the expense of the Board or other local governing body
   for the time being; and every such pound shall be situate
   immediately adjoining some public highway or thoroughfare,
   and a notification of every such establishment, abolition, or
   removal of a public pound shall be published in the Gazette:
   Provided, however, that no establishment, abolition, or removal
   of any public pound shall take effect until after the expiration
   of ten clear days from the date of the Gazette containing such
   notification.

2. It shall be lawful for the Governor, by writing under his
   hand, to appoint fit and proper persons to be Poundkeepers, and
   from time to time to remove such persons and to appoint others
   in their stead. Every such appointment or removal shall take
   effect from the day upon which the same shall be notified in
   the Gazette.

3. Every Poundkeeper shall give security to Her Majesty for
   the due performance of the duties of his office by bond to the
   amount of £50 by himself and two sureties, being substantial
   householders of the district.

4. It shall be the duty of every Poundkeeper to keep the
   pound under his charge clean and in good order, and the fences
   thereof in proper repair, and every day or part of a day not
   being less than six hours during which any cattle shall be in the
   pound to supply such cattle with a sufficient quantity of whole-
   some food and water; and for every offence either by wilful
   act or by neglect against the provisions of this clause the Pound-
   keeper shall be liable to a penalty not exceeding £5 and not
   less than £1.

5. It shall be lawful for every Poundkeeper to demand and
   receive from the owner of any cattle impounded all such fees
   and charges as are set forth in the Schedule C to these regula-
   tions on account of the several services therein described; and
   such Poundkeeper shall, until otherwise directed by the Board,
   account for all such fees and charges to the person or body
   entitled to receive the license-fees for springs or baths, and all
   other fees received within the district, once in every quarter, on
   the first days of January, April, July, and October in each year
   respectively; and all such fees and charges shall be first applied
   in payment of the salary or remuneration of the Poundkeeper,
   and any surplus after the payment of such salary or remunera-
   tion shall be paid to the general revenue account of the district.

6. Every Poundkeeper shall erect and maintain in some con-
   spicuous part of the pound under his charge a white board,
   having painted thereon in legible black letters a table of all the
   fees and charges which he is authorized by these regulations to
   demand and receive; and if he shall fail to maintain such board,
   or shall permit any false statement to appear thereon, he shall
   be liable to a fine of 5s. for every day during which such de-
   fault shall continue.

7. If any Poundkeeper shall demand or take any greater sum
   for any act or service than he is authorized by these regulations
   to demand and take, or shall fail duly to account for the fees
   and charges received by him in the manner hereinbefore pro-
   vided, such Poundkeeper shall be liable to a penalty not exceed-
   ing £5 nor less than £1 for every such offence.

8. Every Poundkeeper shall keep at or near the pound under
   his charge, a copy of these regulations (which shall be supplied
   by the Government free of cost) and also a pound-book, in the
   form set forth in the Schedule D to these regulations; and he
   shall enter into such book every particular required to be
   entered therein according to the said form; and all such entries
   shall be made at the time the acts were done to which they refer
   respectively; and every entry respecting the time of impound-
   ing any cattle and the cause for which they were impounded,
   and the amount of damages claimed, shall be entered in the
   presence of the person impounding such cattle, and shall be
   signed by such person; and the Poundkeeper shall produce the
   copy of these regulations and the pound-book and all orders and
   other papers relating to the impounding of any cattle at all
   reasonable times to any person desiring to inspect the same, and
   may demand and receive the sum of 1s. for every such inspection;
   and the Poundkeeper shall, if required, grant certified extracts
   from such books and papers, and may demand and receive the
   sum of 1s. for every such extract not comprising more than
   seventy-two words, and for every subsequent number of words
   not exceeding seventy-two the sum of 6d.

9. If any Poundkeeper shall neglect or refuse to produce a
   copy of these regulations, or the pound-book, or any paper in his
   possession relating to the impounding of any cattle, or shall
   refuse to permit any one who has first tendered the charge
   hereby authorized to be demanded to make such inspection as
   aforesaid, or shall refuse to furnish extracts from such books or
   papers as hereinbefore provided, or if he shall have neglected to
   make any entry in the pound-book which he is hereby required
   to make, he shall for every such offence or default be liable
   to a penalty not exceeding £5; and if such Poundkeeper
   shall wilfully delay making such entry, or shall knowingly make
   any false entry in the pound-book, or shall wrongfully erase or
   destroy any previous entry therein, he shall be liable for every
   such offence to a penalty not exceeding £10.

10. All cattle impounded shall be in the lawful custody of
    the Poundkeeper, and if any loss or damage shall occur to such
    cattle through the wilful act or neglect of any Poundkeeper or
    his servant the owner of such cattle may recover compensation
    for the same in the ordinary course of law; and the Pound-
    keeper shall not release such cattle from the pound unless upon
    the payment of all lawful fees, charges, and damages which he is
    hereby entitled to demand and receive, or except upon the written