✨ 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.
-
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. -
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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✨ 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