Provincial Ordinance Legislation




38

or cause to be impounded, any cattle in any
pound or place not authorised by this Ordi-
nance, or in any manner contrary to the
directions and provisions thereof, every per-
son so offending shall, upon conviction, for-
feit and pay for every such offence a fine
not exceeding £10.

  1. If any impounded cattle shall not be
    followed to the Pound, or claimed by, or on
    behalf of the owner or person having charge
    thereof, within twenty-four hours after the
    same shall have been impounded, the
    keeper of the Pound shall as soon as possi-
    ble after the expiration of the twenty-four
    hours send notice in writing to the owner
    or person having charge of the said cattle,
    if he be known to the said Poundkeeper—
    which notice shall contain the same parti-
    culars as are required to be given to the
    Poundkeeper by the person impounding the
    said cattle, and also shall contain notice of
    the time and place where the said cattle
    will be sold, if not sooner released from the
    said Pound by or on behalf of the owner or
    person having charge thereof, and also the
    amount of damages (if any) claimed for
    the trespass. And the said notice shall be
    delivered personally to the said owner or
    person having charge of the said cattle, or
    shall be left for him at his usual place of
    abode. And if the owner or person having
    charge of the said cattle shall not be known
    to the said Poundkeeper, then he shall cause
    the like notice to be posted in some con-
    spicuous place, to be appointed for that pur-
    pose by the Superintendent, in the vicinity
    of the Pound, and also in some conspicuous
    place in the town of New Plymouth, and shall
    also cause a Notice under his hand speci-
    fying the Pound or Place at which such
    cattle are impounded, and the number and
    kinds of the cattle impounded, and the brands
    and particular marks thereof, (if any,) and
    the ages, (as nearly as may be,) and colours,
    of the several animals, and also stating the
    day on which the cattle comprised in such
    notice will be sold if not claimed, to be
    once inserted, as soon as may be, in some
    public newspaper published within the Pro-
    vince (if any such there be). Provided always
    that when the cattle impounded under the
    provisions of this Ordinance shall consist of
    Sheep, Goats, Swine, or calves, and be not
    more than two in number, it shall not be
    necessary to give any other notice of such
    impounding than by affixing a Notice there-
    of at the place to be appointed for that pur-
    pose by the Superintendent in the vicinity
    of the Pound.

  2. If any impounded cattle shall not be
    released from the said Pound by the owner
    or person having charge thereof within
    seven days after notice shall have been given
    by delivering the same to him personally or
    by leaving the same at his usual place of
    abode, or within twenty-one days after the
    notice shall have been posted in the town
    of New Plymouth, and in the vicinity of
    the Pound as aforesaid, as the case may
    require—(which periods of seven days and
    twenty-one days respectively shall be rec-
    koned exclusively of the day upon which
    the said notice shall have been delivered or
    posted)—it shall be lawful for the said Pound
    keeper to apply to any Justice of the Peace,
    not being a party interested in the matter,
    for an order for the sale of the said cattle,
    and the Poundkeeper shall at the time of
    such application produce and shew to the
    said Justice the Pound-book kept by him as
    by this Ordinance directed, or an Extract
    of so much thereof as may apply to the
    case, and also such other proofs, by the oath
    of the said Poundkeeper or others as the
    said Justice may require, that such Pound-
    keeper has complied with the terms and
    provisions of this Ordinance; and there-
    upon such justice shall and may,
    if he be satisfied that such terms
    and conditions have been complied with,
    make an order under his hand authorising
    the sale of such cattle, or otherwise shall
    directs such acts to be done as shall have
    been omitted, and in the mean time shall
    suspend the order for the said sale until a
    future day to be appointed anew by him,
    and until the said terms have been com-
    plied with—notice of which suspension and
    future time of sale shall be given by the
    said Poundkeeper to the owner or person
    having charge of the said cattle personally,
    or at his usual place of abode, or by post-
    ing notices as aforesaid, as the case may
    require, and in the same manner respective-
    ly as herein provided for giving the origi-
    nal notice of impounding: Provided al-
    ways that when any such delay and sus-
    pension of sale shall be necessary in con-
    sequence of the neglect of the said Pound-
    keeper, the costs of all further proceedings



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Online Sources for this page:

PDF PDF Taranaki Provincial Gazette 1854, No 9





✨ LLM interpretation of page content

🏘️ 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 Government
Ordinance, Cattle, Impounding, Trespass, Compensation, New Plymouth, Poundkeeper, Penalties