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21. Summary procedure for recovery of fixed rate of damage.

22. Fixed rate of damage may be waived, and special damage proceeded for.

23. Power to Justices to determine causes of action arising out of the impounding of cattle.

24. And to order cattle to be liberated.

25. And to enforce their orders in a summary way.

IV. DUTIES OF POUNDKEEPER.

26. Poundkeeper to keep a Pound book.

27. And to produce same for inspection.

28. Penalty for default.

29. Keeper to erect painted table of Fees.

30. Penalty for default.

31. To be responsible for safe keeping of cattle and their delivery to owner.

32. Penalty for default.

33. Form of security.

34. Keeper to post on pound description of cattle impounded.

35. Penalty for default.

36. Poundkeeper to pay over damages for trespass (if received by him) to person impounding the cattle.

37. Poundkeeper to account for fees to Provincial Treasurer—but Superintendent may appoint that the same shall be received by Pound keeper for his remuneration.

38. Penalty for taking fee not authorised.

V. MISCELLANEOUS PROVISIONS.

39. Penalty on turning out cattle on unfenced lands within the limits of the town of New Plymouth.

40. Penalty on allowing entire animals to stray.

41. Penalties to be recoverable in a summary way.

42. Interpretation clause.

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.

Whereas by the Lieutenant-Governor of New Zealand and the Legislative Council thereof, in the seventh Session of the said Council, intuited "An Ordinance to repeal the Cattle Trespass Ordinance and the Cattle Trespass Amendment Ordinance, and to provide for the summary recovery of compensation for damage done by cattle trespassing" and an Ordinance enacted by the said Lieutenant-Governor and Legislative Council in the eighth Session of the said Council, intuited "An Ordinance to authorise and regulate the Impounding of Cattle" be severally repealed so far as regards the Province of New Plymouth, and that other provision be made respecting the Impounding of Cattle, and the summary recovery of compensation for damage done by Cattle trespassing,

Be it therefore enacted by the Superintendent of the Province of New Plymouth, with the Advice and Consent of the Provincial Council thereof, as follows:—

1. The two several recited Ordinances shall be and the same are hereby repealed, so far as regards the Province of New Plymouth. Provided that the repeal of the first mentioned Ordinance shall not revive the Ordinances thereby repealed.

2. As soon as conveniently may be after the passing of this Ordinance the Superintendent shall by notice published in the Government Gazette of the Province, appoint Public Pounds within the settled districts of the Province; and shall in like manner from time to time, as may appear necessary or convenient, substitute new Pounds, appoint additional Pounds, and suppress Pounds not found requisite.

3. It shall also be lawful for the Superintendent to appoint fit and proper persons to be the keepers of any such Pounds, and from time to time to displace and remove the keeper of any such Pound, and to appoint a fit and proper person in his place.

4. Every such Poundkeeper shall from time to time give security for good behaviour in his office by Bond by himself and such sureties, in such form, and in such reasonable sum or sums respectively as the Superintendent may think fit to require.

5. A notification of the appointment or removal of any Poundkeeper shall be inserted in the Government Gazette of the Province.

6. Every pound shall be properly fenced and enclosed, and adapted, as far as may be, for keeping cattle infected with any contagious disease separate and apart from those in health. And if any Poundkeeper shall not keep up and maintain the said inclosures in proper repair, or shall knowingly keep, or permit to be kept, any cattle infected with disease in the same inclosure with cattle not so infected, or shall not keep the said Pound clean or in good order, or the cattle which from time to time shall be impounded therein supplied with sufficient wholesome food and water, every such Poundkeeper shall, upon conviction of any such neglect, forfeit and pay a sum not exceeding £5 nor less than £1.