Provincial Cattle Trespass Ordinance




39

and notice, as well as of the future feeding
and maintaining of the said cattle, shall be
borne by the said Poundkeeper.

  1. All sales of impounded cattle shall
    take place on the Tenth day after the same
    shall have been impounded, in all cases where
    the owner or person having charge of such
    cattle shall be known to the Poundkeeper,
    or where the cattle impounded shall consist
    of sheep, goats, swine, or calves, and be not
    more than two in number, and in other
    cases on the Twenty-fourth day after notices
    shall have been posted as in such cases is
    hereinbefore directed—unless the said Tenth
    or Twenty-fourth day, as the case may be,
    shall happen to be a Sunday, or Christmas
    Day, or Good Friday, and then on the fol-
    lowing day, and unless the sale be sus-
    pended by order of a competent judge.

  2. All such sales shall take place at
    the public pound, where the said cattle shall
    have been impounded, and shall commence
    at the hour of noon; and not more than
    ten head of sheep or goats, or five pigs,
    shall be put up in any one lot, and not more
    than one horse, or one head of any other
    cattle; and neither the person who im-
    pounded the said cattle, nor the keeper of
    the said pound, nor his surety, nor the Jus-
    tice who made the order for the sale, shall
    either personally, or by agent, purchase the
    said cattle, nor any part thereof, upon pain
    that every person offending therein shall
    forfeit and pay for every such purchase con-
    trary to the true intent and meaning here-
    of, the sum of £5, and shall moreover make
    restitution of the animals so purchased.

  3. All impounded cattle directed to be
    sold under the provisions of this Ordinance,
    shall and may be sold by the Poundkeeper
    by Public Auction to the highest bidder,
    notwithstanding that he shall not have taken
    out a license as an Auctioneer.

  4. It shall be lawful for every such
    Poundkeeper to receive the price of any
    impounded cattle so to be sold as aforesaid,
    and to apply the same, first, in the payment
    of all lawful fees and charges due to him-
    self; secondly, in the payment of the
    amount of damages claimed for the trespass,
    and such charges, if any, as by virtue of
    this Ordinance may be payable to the per-
    son impounding the said cattle; and the
    residue he shall pay over to the owner or
    person having charge of the cattle sold,

where he is known, upon the same being
demanded. And if the owner, or person
having charge of the cattle, shall be unknown,
the said Poundkeeper shall within one ca-
lendar month after the sale, pay the amount
into the hands of the Treasurer of the Pro-
vince, in trust for the persons entitled there-
to: and the receipt of the said Treasurer
shall be the legal discharge of the said
Poundkeeper for the amount named therein.
In case no claim to the same shall be duly
made within two years next after the said
money shall have been so paid into the
hands of the said Treasurer, it shall be law-
ful for the Superintendent, by warrant un-
der his hand, to direct the same to be ap-
plied to the public uses of the Province
and the support of the Government thereof.

  1. Provided always that if the proceeds
    of any cattle impounded by any person, or
    his agent, or bailiff, for trespassing or doing
    damage upon the lands of such person, and
    sold under the authority of this Ordinance,
    shall be insufficient to satisfy the lawful
    fees and charges of the Poundkeeper re-
    specting the same; the residue of such fees
    and charges shall be paid to the said Pound-
    keeper by the owner, or person having
    charge of the said cattle, if known.

  2. If any person shall rescue any cattle
    which shall have been lawfully seized for
    the purpose of being impounded, or shall
    break down, injure, or destroy any Pound
    legally constituted, whether any cattle shall
    be impounded therein or not, or shall com-
    mit any Pound-breach or rescue whereby
    any cattle of any description shall escape or
    be enlarged from any such Pound, every
    such person shall be deemed guilty of a
    misdemeanor.

  3. Damages at the rates specified in
    schedule B to this Ordinance, or at such
    other rates as the Superintendent shall from
    time to time appoint for that purpose by
    notification in the Government Gazette of
    the Province, shall be demandable by the
    occupier of any lands enclosed by a sub-
    stantial and sufficient fence (of
    whatever description) for and in
    respect of the trespass of cattle on
    such lands, without proof of special damage,
    and notwithstanding that he may be unable
    to shew actual damage; and payment of
    damages computed at the said rates shall be
    enforced at the option of such occupier,



Next Page →



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, Poundkeeper, Public Auction, Pound-breach, Misdemeanor, Fences