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cattle impounded for a trespass upon private lands; and the impounding of such cattle shall not take away nor affect the liability of the owner or person having charge thereof to the penalty imposed by this Ordinance.

4. For removing or obviating doubts which have arisen, or may arise, as to the meaning of the thirty-ninth section of the said Ordinance in relation to tethered cattle, Be it declared and enacted that no person does nor shall incur any Penalty under the same enactment by securely tethering cattle on unfenced lands in his own lawful occupation, but in all other cases the penalties imposed by the same enactment do and shall attach in respect of tethered cattle, equally as in respect of loose cattle.

5. Upon any information or complaint for any offence against the provisions of the said Ordinance or of this present Ordinance in respect of cattle unlawfully at large or unlawfully depasturing, it shall be lawful for the Justice or Justices before whom the same shall be heard to dismiss the same, upon such terms as to payment of costs as he or they shall think fit, if the Defendant shall be able to adduce evidence to the satisfaction of such Justice or Justices that the cattle in respect of which Complaint is made, brute loose or escaped through accident or through the negligence of the wrongful or malicious act of any person (other than the Defendant himself, his agents, bailiffs, or servants) in leaving open any gates or bars, or breaking down any fence, or taking up any picket or tethering peg, and also that there was no default on the part of the Defendant, his agents, bailiffs, or servants in neglecting to prevent such escape.

Passed the Provincial Council the twenty-fifth day of January, one thousand eight hundred and fifty five.

I. Newton Watt,
Speaker.

Assented to on behalf of the Governor the thirteenth day of February one thousand eight hundred and fifty five.

Charles Brown,
Superintendent.

6. Every occupier of land who shall have impounded cattle on his own land pursuant to the 6th section of the recited Ordinance and shall have detained such cattle for the space of thirty-six hours or upwards, shall be entitled to recover from the owner or person having charge of such cattle, for driving such cattle or causing the same to be driven thence to the nearest or most accessible Public Pound, at and after the following rate, that is to say: For every mile of the distance to such public Pound at and after the rate of one penny for every head of sheep, and threepence for every head of other cattle: Provided that the sum payable shall never be less than one shilling nor exceed five shillings for every mile of the said distance; and where the distance shall be less than one mile, or shall exceed any whole number of one mile by some fraction of a mile, such fraction of a mile shall reckon as a full mile. And the amount claimed for driving cattle to Pound shall in every case be specified in the written statement to be furnished to the Poundkeeper by the person impounding. Provided also that it shall be lawful for the Superintendent, by notification in the Government Gazette of the Province, from time to time to increase, reduce, or otherwise vary the said Fees and charges as occasion may require.

7. This Ordinance shall be deemed and taken to form part of the recited Ordinance, and the Penalties and Provisions hereby imposed and herein contained shall be considered to be imposed by and contained in the recited Ordinance.