JUNE 7.] THE NEW ZEALAND GAZETTE. 743

authority of the person impounding the same, and payment of
such lawful fees and charges; and it shall be his duty immediately
upon such payment, or upon such authority together with such
payment as aforesaid, to release and deliver up such cattle; and
if the Poundkeeper shall at any time release cattle from the pound
except as herein provided, or refuse to deliver up and release
such cattle as he is lawfully required so to do, he shall be liable
to a penalty not exceeding £5.

11. If the person impounding any cattle shall state to the
    Poundkeeper that he claims ordinary damages, or charges
    for driving cattle, or charges for giving notice of the detention
    of cattle, as set forth in Schedules A and B respectively
    hereto annexed, in satisfaction of the trespass for which such
    cattle are impounded, and shall state the amount of such
    damages or charges, and shall certify to the same in the pound-
    book, the Poundkeeper shall demand, and he is hereby em-
    powered to receive such amount, in addition to all other lawful
    fees and charges from the person taking delivery of such
    cattle; and the Poundkeeper shall pay over such amount on
    demand to the person lawfully claiming the same. The person
    impounding any cattle shall state in writing to the Poundkeeper
    the place where the cattle were found, and the name of the
    owner of such cattle if it be known to him.

12. If any impounded cattle shall not be claimed within
    twenty-four hours after being impounded, the Poundkeeper
    shall immediately send notice in writing to the owner thereof,
    if he be known to him, together with an extract from the pound-
    book containing all the particulars of the impounding of such
    cattle, and the amount of ordinary damages claimed, if any,
    and shall further state the day upon which such cattle will be
    sold, if not sooner released, and such notice shall be delivered
    personally to the owner, or shall be delivered at his usual place
    of abode to some person there appearing to be above the
    age of fourteen years: Provided that if such owner shall live
    at a greater distance than twenty miles from the pound
    such notice shall be given to any one being his known agent
    living within such distance, and if neither the owner nor his
    agent shall be living within such distance, or if the owner shall
    not be known to the Poundkeeper, then the Poundkeeper shall
    post such notice at the pound and at some other place of public
    resort in the neighbourhood, and shall advertise such notice in
    one or more public newspapers of the nearest town, and shall
    cause such advertisement to appear twice at least before the day
    of sale of such cattle and in such advertisement the place where
    the cattle were found by the person impounding the same, and
    the name of the owner, if known, shall be stated: Provided that
    if such cattle shall not be more than two in number, it shall not
    be necessary to give any other notice of such impounding than
    by posting such notice as aforesaid at the pound, and at some
    other place of public resort in the neighbourhood and for
    giving such notices the Poundkeeper shall be entitled to receive
    the fees set forth in Schedule E hereto annexed, together with
    the full cost of inserting such advertisements in the news-
    papers.

13. If any impounded cattle shall not be released from the
    pound within seven clear days after notice shall have been
    served as aforesaid, or within fourteen clear days after such
    notice shall have been posted as aforesaid, the Poundkeeper
    shall forthwith proceed to sell the said cattle; and every such
    sale shall take place at the pound, and shall commence at the
    hour of noon, and each animal shall be put up as a separate
    lot, and shall be sold to the highest bidder (provided that any
    sucklings may be put up in the same lot with the mother
    thereof), and the Poundkeeper, notwithstanding he shall not be
    duly licensed for such purpose, is hereby empowered to act as
    auctioneer at such sale: Provided that it shall not be lawful for
    the Poundkeeper, or the person impounding such cattle, either
    directly or indirectly, to purchase any animal at such sale; and
    every purchase made by such last-mentioned persons shall be
    absolutely null and void, and the persons offending against the
    provisions of this section shall be liable to a penalty of £5,
    irrespective of the restitution of the animal or animals so pur-
    chased.

14. The Poundkeeper shall receive the price of all impounded
    cattle sold as herein provided immediately after the sale
    thereof, and shall apply such purchase-money, first, in the pay-
    ment of all lawful fees and charges due to himself, and,
    secondly, in payment of the damages, charges for driving
    cattle, and charges for giving notice of the detention of
    cattle, if any, claimed by the person impounding the cattle,
    and he shall pay the residue to the owner of such cattle or to
    his agent, upon the same being demanded; and if no such
    demand shall be made within thirty days after such sale he
    shall pay over such residue to the person or body for the time
    being entitled to receive an account of the fees and charges
    mentioned in Regulation 5. The receipt of such person shall
    be a legal discharge to the Poundkeeper for the amount named
    therein.

15. If any person shall rescue, or attempt to rescue, any
    cattle which shall have been lawfully seized for the purpose of

being impounded, or shall break down, injure, or destroy any
pound legally erected, whether any cattle shall be impounded
therein or not, or shall commit any pound-breach or rescue,
whereby any cattle of any description shall escape or be
enlarged from any such pound, every such person shall, upon
conviction of such offence, be liable to a penalty of not less than
£5 nor more than £20.

16. If any person shall wilfully remove or drive any cattle
    from any land of which he shall not be the owner or occupier
    on to the lands of any other person, or on to any public road,
    he shall, on conviction, be liable to a penalty not exceeding £5
    for every such offence.

SCHEDULE A.
Scale of Ordinary Damages.

Within the district hereinbefore defined,— £ s. d.
For every head of horses, asses, mules, horned or
neat cattle ... ... ... 0 1 0
For every head of sheep or goats ... ... 0 0 3
Provided that in no case shall the sum to be charged for
ordinary damages for trespass by cattle upon any one occasion
exceed the sum of £2.

SCHEDULE B.
Charges for Driving Cattle.

For any number of cattle of any sort whatsoever, not exceed-
ing twenty-five in number,— s. d.
For every mile or fractional part of a mile from the
residence of the person driving such cattle to the
residence of the owner of the same or to the pound 1 0
For any number exceeding twenty-five, per mile 2 0

For giving Notice of Detention of Cattle.
For every mile or part of a mile beyond three miles
from the residence of the person giving such notice
to the residence of the owner of the cattle 1 0
Provided that in no case shall the charge for so driving, or
for giving notice, exceed the sum of £2.

SCHEDULE C.
Pound Fees.
s. d.
For each entire horse above the age of twelve months... 2 6
For each mare, gelding, colt, filly, foal, mule, ass, goat,
or pig ... ... ... ... 1 0
For each bull above the age of twelve months 2 6
For each ox, cow, steer, heifer, or calf (first ten) ... 0 6
" " (above ten) ... 0 4
" " (above thirty) ... 0 3
" " (above fifty) ... 0 2
For each ram above the age of nine months... ... 0 6
For each ewe, wether, or lamb (first twenty) ... 0 2
" " (above twenty) ... 0 1
" " (above one hundred) ... 0 0
The above fees to be paid for each day or part of a day
during which the animal is kept in the pound.

Charges for Food.
For every horse, mare, gelding, mule, ass, colt, filly, foal,
or bull, cow, steer, heifer, or calf ... ... 1 0
For every sheep or lamb ... ... ... ... 0 1
For every goat ... ... ... ... 0 2
For every boar, sow, or pig ... ... ... 0 6
The above charges to be paid for each day or part of a day
during which the animal is supplied with food and water by
the Poundkeeper.

SCHEDULE D.
Form of Poundkeeper's Book.

Date. Time. Particulars of Cattle Impounded. Brand-Marks. Owner. By Whom Impounded. For what Cause Im- pounded. Place where Cattle were found Trespassing. Time and Mode of giving Notice. How Disposed of. Time when Released or Sold. Particulars of Release or Sale.