✨ Impounding of Cattle Ordinance
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The fees to be taken and charged by any Poundkeeper as and for the Pound fees, and the price to be charged and paid for the sustenance of cattle committed to any such Pound shall be as is specified in Schedule A hereto annexed. Provided always, that it shall be lawful for the Superintendent by notification in the Government Gazettes of the Province, from time to time to increase, reduce, or otherwise, vary the said fees and charges, as occasion may require. It shall also be lawful for the Superintendent, by any such notification as last aforesaid, from time to time to fix and specify reasonable fees to be taken and charged by any Poundkeeper for any matter or thing required to be done by him under and by virtue of this Ordinance, the remuneration whereof is not herein specifically provided for.
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It shall be lawful for the occupier of any land (whether fenced or unfenced) whereon cattle may be found trespassing, or for the agent, bailiff, or servant of any such occupier to impound and detain the cattle so found trespassing in any convenient place upon the same land. Provided that the owner, or person having charge of the said cattle, be known to the person impounding the same, and that the person impounding the said cattle do within twenty-four hours of such impounding give or cause to be given to the owner or person having charge of the said cattle the like notice as is hereinafter required to be given to the keeper of any public pound by any person sending cattle thereto: and provided also that he shall feed and maintain the same cattle whilst so impounded, and shall not keep them so impounded longer than three whole days of twenty-four hours each, but shall at the expiration of such three days, if not sooner released upon payment of the lawful charges, drive, or cause the same to be driven, to the Public Pound nearest or most conveniently accessible from the said land, and cause the same to be lodged therein in manner hereinafter mentioned. Provided also that any person impounding cattle on his own land, as aforesaid, or his agent, bailiff, or servant shall not be entitled to demand or receive any compensation for damage done by the said cattle save and except (in cases where any damages shall be demandable under the provisions of this Ordinance) for such damage as was done before their first mentioned impounding, nor any fee or charge for such impounding, except such as by law be chargeable by the keeper of the nearest public pound for feeding and maintaining.
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It shall also be lawful for the occupier of any land (whether fenced or unfenced) wherein cattle may be found trespassing, or for the agent, bailiff, or servant of any such occupier, to drive, or lodge, or cause the same to be driven or lodged in the public pound nearest to or most conveniently accessible from the said land—and the person impounding any such cattle shall specify in writing to the keeper of the said pound the number and kinds of the cattle impounded, and the name of the owner, or person having charge thereof, if he be known, or of the person supposed to be the owner or to have charge thereof, or shall state that such owner or person is wholly unknown, and shall further specify the place where the said cattle were trespassing, and the amount of damages claimed for the trespass—if under the provisions of this Ordinance any damage shall be demandable.
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If any cattle shall be found wandering at large, or depasturing without license in any road, street or public place within any district of the Province in which the Native title shall have been extinguished, the owners thereof shall forfeit and pay, by way of Penalty, for every head of cattle so wandering or depasturing in any road, street, or public place, within the limits, for the time being, of the Town of New Plymouth, any sum not exceeding five shillings, and not less than two shillings and sixpence, and for every head of cattle so wandering or depasturing in any road, street, or public place in any other part of the districts last aforesaid, any sum not exceeding two shillings and sixpence, and not less than sixpence. And the said cattle may by any person be impounded for the said Penalty, and the like notices shall be given by the person impounding the same, and by the Poundkeeper, as in the case of cattle impounded for a trespass upon private lands. Or such penalties may be proceeded for in a summary way.
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If any owner or occupier of land, or his agent, bailiff, or servant shall impound,
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✨ LLM interpretation of page content
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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
(continued from previous page)
🏘️ Provincial & Local GovernmentOrdinance, Cattle, Impounding, Trespass, Compensation, New Plymouth, Poundkeeper, Penalties
Taranaki Provincial Gazette 1854, No 9