from Pound shall be deemed the authorised agent of his employer without any further proof being required thereof. And every such security or undertaking shall be paid at all events at the time and place therein mentioned without any further notice or demand for such purpose. And upon failure of such payment the amount or sum secured by such undertaking shall and may be recovered in a summary way before any Justice of the Peace upon the production of such undertaking or security before such Justice and the oath of the Poundkeeper that the same is still due and unsatisfied.

34. The keeper of every such Pound whenever and so often as any cattle shall be impounded therein for trespass shall post a written notice at the place to be appointed for that purpose by the Superintendent in the vicinity of the pound as aforesaid setting forth a description of such cattle. And such notice shall remain so posted until the said cattle shall have been claimed or otherwise disposed of by due course of law.

35. Every such keeper who shall neglect to post such notice as aforesaid shall for every such neglect forfeit and pay a fine of forty shillings.

36. If the owner or person having charge of any cattle impounded shall release the same upon payment to the keeper of the said Pound of the sum of money for which the said cattle were impounded, the said Poundkeeper shall pay the same to the person who impounded such cattle on his demand thereof; and if such Poundkeeper shall fail so to do, he shall, on conviction, forfeit and pay for such his default the penalty of £5.

37. Once in every quarter of a year, on or before the 1st days of January, April, July, and October, respectively, the keeper of every such Pound shall duly and faithfully account for and pay over all fees and charges authorised to be taken and made by him as herein provided unto the Treasurer of the Province to be applied to the Public uses of the Province and the support of the Government thereof: Provided always that it shall be lawful for the Superintendent from time to time to appoint and declare that such fees and charges, or any and what proportion thereof, shall go to and be applied by any such Poundkeeper as aforesaid in full payment or on account of salary and remuneration.

38. If any Poundkeeper shall demand or take any greater sum for the impounding of any cattle or for doing any act, matter, or thing than such Poundkeeper shall be authorised so to demand or take or shall fail duly to account to the Treasurer of the Province in manner hereinbefore directed, or to make such payments to the said Treasurer as he is hereinbefore directed to make, every such Poundkeeper shall forfeit and pay for every such offence a sum not exceeding £5 nor less than £1.

39. Every person, who after the first day of June, one thousand eight hundred and fifty-four, shall turn out or depasture any cattle, upon any land within the present or future limits of the Town of New Plymouth, not enclosed by a substantial and sufficient fence, whether such land be or be not in his lawful occupation, shall day by day, and for every day on which such cattle shall be so turned out or depastured, forfeit and pay the sum of 1s: for every head of cattle so turned out or depastured: Provided that such penalty shall not be incurred by any person lawfully depasturing cattle upon Crown Lands within the aforesaid limits.

40. Every person owning or having charge of any entire Horse, Bull, Boar, Ram, entire Ass, or entire Mule which, after the passing of this Ordinance, shall be found straying or running at large upon any public road or upon any land not in his lawful occupation, shall for every such offence forfeit and pay for every horse or bull so found straying or running at large, a sum not exceeding £5 nor less than £1; and for every boar, ram, ass, or mule so found straying or running at large a sum not exceeding £2 and not less than 5s.

41. All fines and penalties to be imposed under the authority of this Ordinance shall be recoverable in a summary way.

42. In the construction of this Ordinance words of or importing the masculine gender shall extend to and include females; and the singular number shall import the plural also, and the plural number the singular also; and the word ‘cattle’ shall include horned or neat cattle, horses, mules, asses, sheep, goats, and swine; except in the said several cases there shall be any repugnancy to such construction in the subject or context.

Passed the Provincial Council the fifth day of April, one thousand eight hundred and fifty four.

Assented to on behalf of the Governor the eighth day of April, one thousand eight hundred and fifty four.

I. Newton Watt, Speaker.

Charles Brown, Superintendent.