β¨ Provincial Ordinance
98
them, by depasturing cattle of the kinds comprised in their respective licenses, or allowing the same to wander at large during the daytime, in any roads, streets, or public places lying within the external boundary of their respective districts, (other than and except any roads, streets, or public places expressly protected by their respective Licenses), or on unenclosed lands lying within the external boundary of their respective districts, incur any penalty imposed by an Ordinance enacted by the Superintendent and Provincial Council of the Province of New Plymouth, in the first Session of the said Council, intituled, "An Ordinance to authorise and regulate the Impounding of Cattle, and to provide for the summary recovery of compensation for damage done by Cattle trespassing"; nor shall any such cattle so depasturing, or wandering at large, belonging to or in charge of any such Licensee or his assigns, be subject to be impounded ander and by virtue of the said Ordinance.
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No information or complaint under the last mentioned Ordinance shall be lodged or made against Licensees under this Ordinance or their assigns, in respect of cattle of the kinds comprised in their respective Licenses, which may be found, during the daytime, wandering at large or depasturing in any road, street, or public place lying within the external boundary of, or excluded from, their respective districts (such road, street, or public place being within the limits of the said Town, Town Belt, and Parks adjacent)βor in respect of cattle of the said kinds turned out or depastured, during the daytime, upon unenclosed Town lands lying without the external boundary of their respective districts, except by the Officers or Private Constables of the Armed Police Force, or by some other Licensee upon whose district such cattle shall be trespassing, or his assigns; nor shall any such cattle belonging to or in charge of Licensees or their assigns, so found wandering or depasturing, or so turned out or depastured, be subject to be impounded by virtue of the said Ordinance except by the same persons.
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In case any cattle belonging to or in charge of a Licensee under this Ordinance or his assigns shall do any damage upon cultivated lands, whether fenced or unfenced, within the limits of the said Town or Town Belt, he or they shall compensate the lawful occupier, if any. And in every case where it shall be alleged that damage has been so done, and the parties differ as to the right to compensation, or as to the amount thereof, the same shall be finally determined and fixed by the Award of two Arbitrators, one appointed by either party. And such Award may be made at anytime before the actual appointment of an Umpire in manner next hereinafter mentioned. But if from any cause no complete award shall be made within seven days from the time of the alleged trespass, it shall be lawful for the Superintendent, on application by or on behalf of either party, made within fourteen days from the time of the alleged trespass, to appoint an Umpire, who shall finally determine the right to compensation and the amount thereof. And the costs of the reference shall be paid according to the Award of such Arbitrators or Umpire. Provided that no greater sum than Β£5 shall be awarded for any single trespass on lands not substantially fenced, and several trespasses committed on the same enclosure or lands within a period of 24 hours shall for this purpose be deemed a single trespass. Any such compensation agreed upon between the parties or awarded by such Arbitrators or Umpire, together with any such costs as aforesaid, shall be recoverable as a debt; and no action for damages or other proceeding on account of any such trespass shall be taken otherwise than in pursuance of the provisions of this Ordinance.
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All damage done by cattle during the daytime on lands lying within the external boundary of the district of each Licensee, shall, as against him and his assigns, be deemed to have been done by cattle belonging to or in charge of such Licensee or his assigns, unless he or they shall be able to prove to the contrary thereof.
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For the purpose of providing a temporary accommodation for imported cattle, it shall be lawful for the Superintendent to issue to the owner or person having charge of any cattle newly landed or about to be landed from any ship or other vessel, a License under this Ordinance for the depasturing of such cattle, for any term not exceeding 14 days. And such special Licenses may be issued either for a money consideration.
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β¨ LLM interpretation of page content
ποΈ
An Ordinance to regulate the occupation of certain unenclosed lands in the Town of New Plymouth
(continued from previous page)
ποΈ Provincial & Local GovernmentOrdinance, New Plymouth, Cattle, Impounding, Land occupation, Trespass, Arbitration, Superintendent
Taranaki Provincial Gazette 1854, No 21