PROVINCE OF AUCKLAND.

Transcription

1 PROVINCE OF AUCKLAND IMPOUNDING ACT IN THE NINETEENTH YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA SESSION 5 No 4 A N A L Y S I S Ttle Preamble 1 Repeal of the Cattle Trespass Ordnance and the Impoundng Ordnance so far as they relate to the Provnce of Auckland 2 Superntendent may erect appont or abolsh publc pounds 3 Pounds to be properly fenced and dseased cattle to be kept apart theren from such as are healthy 4 Appontment or removal of poundkeeper to be nserted n the Provncal Government Gazette 5 Superntendent to appont from tme to tme the fees and charges to be demanded by keepers 6 Superntendent to assess and vary from tme to tme the rates recoverable n a summary fray for ordnary damages commtted by cattle trespassng on lands properly fenced 7 Pounds to be kept clean and n good repa at the cost of keepers 8 Keeper to detan cattle mpounded untl duly released 9 Keeper empowered to demand fees and charges for cattle mpounded 10 Keeper to receve the sum of money for whch cattle trespassng on enclosed lands are mpounded and to pay the same on demand to the person who mpounded such cattle 11 Cattle may be mpounded on the lands whereon they trespass f lands fenced 12 Cattle trespassng on unenclosed lands under cultvaton may be mpounded but no assessed damages to be demanded n respect of such trespass 13 Fne for sufferng cattle to stray n the streets or publc places or unenclosed lands of certan towns and vllages : such cattle to be mpounded 14 Lmts of such towns and vllages to be defned and vared by Superntendent 15 Entre cattle abyve the age of twelve months not to be allowed to run at large 16 Persons mpoundng to specfy to keeper n wrtng the number of cattle mpounded the name of owner and (n case of land trespassed on beng fenced) the sum clamed for damages 17 Keeper to gve notce of mpoundng to owner of cattle or to hs agent f wthn 5 mles of pound 18 And f beyond that dstance to transmt notce 19 Contents of notce 20 If owner or agent unknown publc notce of mpoundng to be gven 21 If cattle not released wthn a certan tme keeper to apply for an order of sale to the nearest Justce 22 Such Justce may ssue order of sale or defer the ssung thereof 23 When the ssung of order of sale B deferred keeper to gve notce thereof to the owner of cattle 24 Three days after recept of order keeper may sell by aucton the cattle mpounded 25 Aucton to commence at noon : certan persons nhbted from bddng at sale under a penalty 26 And may receve the prce of cattle sold How the same s to be dsposed of 27 If proceeds of sale nsuffcent to pay keeper's fees and charges keeper may recover the balance from owner of cattle 28 Cattle trespassng on enclosed lands may be sent to ther owner nstead of to pound ; owner or hs agent to pay damages for the trespass 29 Party njured may sue for specal damages

2 2 30 Persons makng rescue or breakng pound lable to a penalty of 50 or sx months' mprsonment 81 Two justces may adjudcate n causes of acton arsng out of mpoundng 32 Provson enablng owner to replevy 33 Justces may make order as to damages and costs 34 Cattle mpounded for trespass on unenclosed lands to be lberated on payment of keeper's fees and charges 35 A poundbook to be kept by keeper : what entres to be made theren 36 Poundbook to be open to nspecton of publc 1 37 A board wth table of fees charges and rates panted thereon to be placed n some conspcuous part of the pound 38 Keeper to receve and detan cattle and to be responsble for loss or damage whle n hs custody 39 Form of securty to be gven by owner of cattle replevyng the same 40 Keeper to post on pound descrpton of cattle mpounded 41 Descrpton of a proper fence 42 Keeper of pound lable to a penalty of fve pounds for contravenng any of the provsons of Act 43 Short ttle of Act Ttle AN ACT to Regulate the Impoundng of Cattle wthn the Provnce of Auckland Preamble IT/" HERE AS th late Legslatve Councl of New Zealand dd * * pass n the seventh and eghth Sessons thereof two Ordnances nttuled respectvely " An Ordnance to repeal the Cattle Trespass Ordnance and the Cattle Trespass Amendment Ordnance and to provde for the summary recovery of compensaton for damage done by cattle trespassng" and " An Ordnance to authorze and regulate the Impoundng of Cattle ;" and whereas t s expedent that the provsons thereof so far as they affect or relate to the Provnce of Auckland should he amended and consoldated : Repeal of the Cattle Trespass Ordnance they relate to the kn d mce f AUC BE IT ENACTED by the Superntendent of the Provnce of Auckland wth the advce and consent of the Provncal Councl thereof as follows : ] The sad two Ordnances so far as they affect or relate to the sad Provnce are hereby repealed 2 The sad Superntendent may from tme to tme erect publc pounds at convenent places wthn the sad Provnce or sutable premses thereat to be and to be used as such Superntendent may a T )p 0nt erectappontorabo- t t> j lsh publc pounds pounds and may abolsh any of the pounds so erected or apponted and erect or appont f he should deem t necessary another pound n place of every one so abolshed : Provded always that the erecton or abolton of such pounds shall be duly notfed n the Provncal Government Gazette pcry ds fencecf and Every such pound shall be properly fenced and enclosed dseased cattle to be and shall be adapted for keepng such of the cattle mpounded from such as^are theren as are nfected wth any contagous dsease separate and healthy apart from such of them as are not so nfected mova^of^pound Any appontment or removal of any poundkeeper shall keeper to^enotfed be duly notfed n the Auckland Provncal Government Gazette <?overnventga^tte and the producton of such notce shall be taken to be suffcent evdence that such poundkeeper hath been legally apponted or removed Supermtendent^to The sad Superntendent shall and may from tme to tme to tme the fees and specfy all such reasonable fees as shall be taken and charged by manded by keepers" such keeper for and n respect of any matter or thng requred to be done by hm under and by vrtue of ths Act and all such

3 Q kj prces whch such keeper may charge and receve for the sustenance of the cattle commtted to such pound and may from tme to tme alter and vary such fees and prces: Provded always that such fees and charges shall be duly notfed n the Provncal Government Gazette 6 The sad Superntendent shall and may from tme to tme f^esrandvaryfrom estmate and assess reasonable rates for the ordnary damages tme to tme the whch shall and may be demanded and recovered n a summary silma^ewa}efor way by the person n possesson of any lands enclosed wth such ordnary damages proper fence as herenafter descrbed and stuate wthn ten mles t r e s ^ S n g onands of any publc pound wthout proof of specal damages for the properly fenced trespass of any cattle thereon whch rates shall be proportoned accordng to the respectve descrptons and value of the crops growng upon such lands and the respectve descrptons and nature of the cattle so trespassng thereon ; and such Superntendent may from tme to tme alter and vary the rates so estmated and assessed : Provded always that such rates shall be duly notfed n the Provncal Government Gazette 7 Every pound so erected or appo ed shall be kept clean Pounds to and n good order and repar by the keeper thereof at hs proper clea? an5 n t cost and charge and shall be delvered up by hm upon the determnaton of hs offce n the lke order as the same may have been receved by hm to such person as shall be as and n manner aforesad apponted hs successor be kept g00j repar at the cost ofkeepers 8 Every such keej er shall receve nto hs custody and ^et feer mpounded detan n such pound untl the same shall be released or dsposed untl duly released of as and n manner herenafter mentoned all such cattle as shall be delvered to hm n such pound for the purpose of beng theren mpounded ; and shall keep such of them as are so nfected as aforesad separate and apart from such of them as are not so nfected and shall supply such cattle whle so mpounded wth a suffcency of wholesome food and water 9 The keeper of every such pound s hereby authorzed to ^demantfe^tand demand and receve to hs own use for the mpoundng of any charges for cattle cattle theren and for feedng and mantanng the same whlst so mpoun e ' mpounded and for gvng notce thereof to the owner of such cattle and for all other matters and thngs whch are by ths Act requred to be done by such keeper all such fees and charges as shall be from tme to tme specfed n that behalf by the Superntendent n the Provncal Government Gazette; and such keeper shall not demand or receve n respect of any such matters or thngs any other or hgher fees or charges than such as shall be so specfed 10 Such keeper s hereby authorzed and requred to Keeper to receve demand ard receve of the owner of any cattle so mpounded ^ r w S c a t t e S or of the agent balff or servant of such owner the sum of passng on enclosed money (and none other) for whch such cattle shall be m- S o p l y ] t W m e pounded under and n pursuance of the provsons n that behalf on demand to the heren contaned and to pay the same upon demand thereof to pounded such cattle the person who mpounded such cattle; provded that such person as last aforesad shall not request or authorze such keeper to demand or receve and that such keeper shall not

4 knowngly demand or receve of such owner agent balff 01 servant any sum of money whatever for or n respect of the trespass commuted by such cattle and for whch the same were so-nnrounded unless the land whereon the sad trespass had bee- commtter] was at the tme of such trespass enclosed wth sue a pvopev fence as aforesad* H- It shall be lawful for any parson or the agent balff *htr~~ or vant of any person u p o n whose land enclosed by such aforesad and stuate wthn ten mles of any such - ' y cattle the owner whereof shall be known to hm may be found trespassng to mpound and detan the same n any convenent place upon hs lands f he shall thnk ft so to do ; Provded that he shall wthn twenty-four hours of such mpoundng gve or cause to be gvpn to the owner of the sad cattle the lke notce as s herenafter requred to be gven to the keeper of any such publc pound by any person sendng cattle thereto : And provded also that he shall feed and mantan the same cattle whlst so mpounded and shall not keep them so mpounded longer than three whole days of twenty-four hours each ; but shall at the expraton of such three days f not sooner released upon payment of hs lawful charges drve or cause the same to be drven to the nearest publc pound and lodged theren n manner herenafter mentoned : Provded also that any person mpoundng cattle on hs own land as aforesad or hs agent balff or servants shall not be enttled to demand or receve any compensaton for damages done by the sad cattle save and except for such damage as was done before ther frst mentoned mpoundng or any fee or charge for such mpoundng except such as shall by law be chargeable by the keeper of the nearest publc pound for feedng and mantanng Cattle trespassng on unenclosed lands ]2 It shall be lawful for any person or the agent balff J r ' or servant of any person n possesson of any land under cultbjtno vaton stuate wthn such dstance as aforesad of any publc mages to be de- pound and whether such land be enclosed wth such proper of^uch^trespass^6ct f > e n c e a s aforesad or be not so enclosed to mpound n such pound all cattle whch shall be found trespassng on such land ; provded that no such ordnary damages as aforesad shall be demanded or recovered by such person agent balff or servant n respect of the trespass so commtted f the land so stuate and under cultvaton and whereon such trespass was commtted was not at the tme of such trespass enclosed wth such proper fence as aforesad under cultvaton asses"eddd Pne for sufferng cattle to stray m the streets or publc t shall not be lawful for any person to suffer any * L cattle belongng to hm or under hs charge to stray or go o r t be tethered or depastured n any hghway or publc fans80ofnecertan towns and vllages: place or unenclosed land wthn the lmts of such of the towns such cattle to be m - o r vllages of the sad Provnce as the sad Superntendent may pounded o 1 * from tme to tme as he shall deem meet declare by notfcaton n the sad " Gazetteto be and to come wthn the operaton of the provsons of ths Act n respect of cattle so strayng gong about beng tethered or depastured n such hghway or publc place or unenclosed land; and any person who shall so offend shall on convcton forfet and pay for every such offence any sum not exceedng forty shllngs ; and t shall be lawful for any

5 person to seze and mpound n the nearest publc pound any such cattle there to be detaned untl released upon payment of the fees and charges of the keeper of such pound or untl otherwse dsposed of accordng to the provsons of ths Act 14 The sad Superntendent may from tme to tme for the Lmtsofsmch towas To 1 " 1 n 1 1 <> 1 vllages to be purposes m that behal heren contaned defne the lmts of such defned and vared towns and vllages and may alter and vary such lmts from tme by Superntendent to tme as he shall deem meet 15 It shall not te lawful for any person to suffer any entre Entre cattle above cattle above the age of t welve months belongng to hm or under the a s e of twelve y> fj months not to be hs charge to be at large ; any person so onendng shall on con- allowed to run at vcton thereof before any Justce of the Peace forfet and pay lar s e - for every such head of cattle any sum not exceedng fve pounds wthout prejudce to any clam for the damage done by such entre cattle ; and t shall be lawful for any person to seze and mpound such entre cattle n the nearest publc pound there to be detaned untl released or otherwse dsposed of by due course of law: Provded always that nothng heren contaned shall prevent persons runnng entre cattle amongst ther flocks and herds on any defned run 16 Every person mpoundng cattle n any of the sad f^bo ec^to etper pounds shall specfy n wrtng to the keeper of such pound the n wrtng thenumnumber and knd of the cattle so mpounded and the name of pounded ^e^name the owner thereof f he be known or of the supposed owner or of owner and (n that he s wholly unknown and the land whereon such cattle p^8 e f oj nd beng were trespassng ; and n case of such land beng enclosed wth fenced) the sum such fence as aforesad the amount of damages clamed for such camedfordama s e8 - trespass 1 7 If any cattle mpounded n such publc pound shall not Keeper to gve nobe clamed by the owner thereof or by some one on hs behalf ^owner'ofcattsof wthn twenty-four hours after the same shall have been theren hs agent f wthn mpounded the keeper of such pound shall as soon as possble 10 mles of P ound - after the expraton of the sad twenty-four hours send notce n wrtng to such owner f he be known to hm and resde wthn ten mles of the sad pound or to hs agent or balff f such owner shall resde at a greater dstance and have a known agent or balff resdng wthn such ten mles whch notce shall be personally delvered to such owner agent or balff or left for hm at hs usual place of abode and shall be n the form marked C n the schedule hereunto annexed 18 In'the event of the sad owner agent or balff not And f beyond that resdng wthn the sad ten mles the sad keeper shall transmt dst ance t0 transmt such notce wthout delay unto such owner agent or balff as n lce " the case may be 19 Such notce shall contan the number descrpton and Contents of notce brands of the cattle so mpounded the name of the owner or supposed owner thereof and of the person by whom such cattle shall have been so mpounded; the name of the place whereon such cattle had been trespassng and the date of such trespassng and the amount of damages (f any) clamed for the sad trespass

6 (j and the name of the place and the date where sucl cattle shall be sold n default of payment of the damages so clamed or of such fees and charges as aforesad and shall be sgned by the poundkeeper f owner or agent 20 In the event of the sad keeper not knowng such tce ^''mpoundng owner agent or balff he shall wthout delay gve publc tobegven notce of the mpoundng of the sad cattle by postng a notce n some conspcuous place on the pound at the nearest postoffce and polce staton and by nsertng a copy thereof n the Provncal Gazette or n one or more of the local papers; Provded that when such cattle shall consst of sheep goats swne or calves and be not more than two n number such publc notce as last aforesad shall not be necessary 21 If any cattle so mpounded shall rot be released from Tf cattle notreleased ^ r wthn a certan the sad pound by the owner thereof or by some one on hs tmekcepertoapply for an order of sale behalf > wthn s2ven days after notce shall have been gven o to the to the nearest Jus- sad owner hs agent or balff by delverng the same to hm tlce> personally or by leavng the same at hs usual place of abode or wthn eleven days after such publc notce of the sad mpoundng as aforesad shall have been gven n such mode and manner and form as aforesad as the case may requre t shall be lawful for the keeper of such pound to apply to the nearest Justce of the Peace not beng nterested n the sale of such cattle for an order for the sale of such cattle ; and the sad keeper shall at the tme of makng such applcaton produce and show to the sad Justce the pound-book to be kept by such keeper under the provsons of ths Act or an extract of so much thereof as may ap] ly to the case ; and also such other proofs as the sad Justce may requre for the purpose of provng to the satsfacton of such Justce that the sad keeper has compled wth the provsons contaned n ths Act touchng and concernng the cattle so mpounded Such Justce may 22 Such Justce shall and may thereupon f he be satsfed ssue oruer of sale such provsons have been compled wth make an order thereof! 7 6 lssmng under hs hand authorsng the sale of such cattle or may drect such acts to be done as shall have been omtted and n the meantme may suspend the order for the sad sale untl a future day to be apponted anew by hm and untl the sad provsons shall have been compled wth When the ssung of ^3 The sad keeper shall gve notce of such suspenson order ot safe s de- and future tme of sale unto the owner of such cattle hs agent f w re notce e to owner or balff* personally or at hs usual place of abode or by such of cattle publc notce as aforesad as the case may requre and n the manner herenbefore prescrbed n such cases respectvely for gvng the orgnal notce of mpoundng ; Provded that when any such delay and suspenson of sale shall be necessary n consequence of the neglect of such keeper the costs of all further proceedngs and notce as well as of the future feedng and mantanng of the sad cattle shall be borne by such keeper recept d T order " 24 Every such keeper notwthstandng that he shall not keeper may sell by have taken out a lcense as an auctoneer shall sell by publc mpounded? cattle aucton the cattle so mpounded and not released on the expra-

7 7 ton of three days from ard after the recept by hm of the sad order for the sale of such cattle provded that such sale shall take place at the publc pound where the cattle were so mpounded and shall not be effected on Sunday or Chrstmas Day or G o o d Frday 25 All such sales shall commence at the hour of noon ; and not more than twenty sheep or goats or two pg s or one horse or one head of anyj other cattle' shall be thereat offered to sale Aucton to commence at noon; certan persons ndng at sale under a one l o t ; and nether the person who mpounded the sad penalty cattle nor the keeper of the sad pound nor the Justce who made the order for the sale thereof shall ether personally or by any other person purchase any of the sad cattle or any nterest theren upon pan that every person so offendng shall forfet and pay for every such purchase contrary to the true ntent and meanng hereof the sum of fve pounds over and above resttuton of the anmal or nterest so purchased m 26 It shall be lawful for any such poundkeeper to receve the the prce of any mpounded cattle so to be sold as aforesad and ^ to apply the same Frst n the payment of all lawful fees and charges due to hmself; secondly n the payment of the sum (f any) due to the party at whose nstance the same were mpounded ; and the resdue he shall pay over to the owner of the cattle sold when he s known; or to hs known agent or balff upon the same beng demanded ; and f the owner of the cattle shall be unknown and have no known agent or balff the sad poundkeeper shall wthn one month after the sale pay such resdue nto the hands of the Treasurer or Actng Treasurer of the sad Provnce n trust for the party enttled thereto and the recept of the sad Treasurer or Actng Treasurer shall be the legal dscharge of the sad poundkeeper for the amount named theren ; and n case no clam to the same shall be duly made wthn two years next after the sad money shall have been so pad nto the hands of the sad Treasurer or Actng Treasurer such money shall be subject to be approprated to the publc uses of the sad Provnce by the Local Legslature thereof 27 Provded always that f the proceeds of any cattle t t t ' - m ' ay j? a prce of cattle ^^^g^f If proceed of sale nsuffcent to pay mpounded by any person or hs agent or balff for trespassng keeper's fees and or dong damage upon the lands of such person and sold under charges^p^^j the authorty of ths Act shall be nsuffcent to satsfy the lawful f r 0 m owner of cattle fees and charges of the poundkeeper respectng the same the resdue of such fees and charges shall be pad to the sad poundkeeper by the owner of the sad cattle f known 28 For the purpose of avodng as far as may be the m- S^Scosed^aSS poundng of cattle : Be t enacted that where any cattle shall be may be sent to ther -1 j a owner nstead of to found so trespassng or dong damage wthn such dstance as pom d; owner or aforesad of any publc pound and the rate of damage for the gj sad trespass shall have been as and n manner aforesad est- trespass mated and assessed by the sad Superntendent t shall be lawful for the person enttled to such rate or damage to take drve or send such cattle to ther owner or hs known agent or balff and such owner agent or balff s hereby requred to pay the same as and for a satsfacton of the sad damages and trespass ; and f the owner of such cattle or some person n hs behalf shall not

8 s pay the amount of such fxed rate of damage upon the same beng demanded t shall be lawful for the party aggreved by such trespass nstead of mpoundng the cattle to make hs complant to the Resdent Magstrate or any two Justces of the Peace and such Magstrate or Justces shall summon before them the owner of any cattle so havng trespassed or f he be absent hs known agent or balff; and t shall be lawful for such Magstrate or Justces at the tme apponted by such summons for the appearance of the party complaned aganst whether he appear or not upon proof of the servce of such summons summarly to nqure nto and examne and hear and determne the matter of such complant; and upon satsfactory proof of such trespass and of the neglect and refusal of the party complaned aganst to pay the fxed rate of damage to ssue hs or ther warrant to levy the same together wth such costs as to the sad Magstrate or Justces shall appear far and reasonable 29 Provded always that nothng heren contaned shall sue7 f o ^ s p S extend or be construed to prevent the owner of any land tresdamages passed upon and lvng wthn such dstance as aforesad of any publc pound from wavng the ordnary damages to be estmated assessed and allowed as heren provded and clamng n any competent Court full satsfacton for any specal damage sustaned by hm n consequence of any trespass ^0 If any person shall rescue any cattle whch shall have been lawfully sezed for the purpose of beng mpounded under penalty ll of b 50? or the provsons of ths Act or shall break down njure or destroy sx months' mpr- any such pound as aforesad whether any cattle shall be msonment pounded theren or not or shall commt any pound breach or rescue whereby any cattle of any descrpton shall escape or be enlarged from any such pound every such person shall upon convcton before any Resdent Magstrate or any two Justces of the Peace be lable to a penalty not exceedng ffty pounds or n default of payment to be mprsoned for any perod not exceedng sx calendar months Persons makng rescue or breakng Two Justces may adjudcate n causes of acton arsng out of mpoundng 31 Provded always that t shall be lawful for any two j u s ^ - c e s 0 f p e a c e ' n o t nterested n the matter n dspute to> r take cognzance of and decde m a summary way all causes of acton arsng out of the mpoundng of cattle for trespass wheren nether the party mpoundng nor the party whose cattle shall be mpounded clams any greater amount of damages than twenty pounds 32 If the party whose cattle shall be mpounded shall take fxert0nreepevyms o u t a summons n prosecuton of hs sut and shall enter nto securty before the Resdent Magstrate or two Justces n double the amount of damage clamed to prosecute hs sut t shall be lawful for the sad Justces to drect the poundkeeper n whose custody the cattle shall be to lberate the same and thereupon the poundkeeper upon payment to hm of hs fees and charges due n respect of such cattle shall lberate the same n lke manner as f the sad cattle had been repleved justces may make?ndecottsto damages 33 Upon hearng the partes and upon examnaton of the merts of the case t shall be lawful for such Justces to make

9 :9 such order as to damages and costs to be pad by ether party and as to the detenton or delvery of the cattle and as to the sale thereof or any part thereof n case of the non-payment of the amount of damage found to be due by them or of any costs payable by the owner of them as shall be just and to enforce the payment of such damages and costs n a summary way 34 The keeper of every such pound shall n the case of cattle mpounded for tres] assng on lands stuate wthn such enclosed lands to be dstance as aforesad of such pound and not enclosed wth such ^JJ eof keeps proper fence as aforesad lberate such cattle from pound on fees and charges payment of the fees and charges due and owng unto such keeper n respect of the mpoundng of such cattle 35 The keeper of every publc pound shall have and pre- pound-book to be kept 11 I J ^ I* J-I A J j I keeper; serve at or near the sad pound a copy o ths Act and also a what entres to be pound-book ruled and dvded nto columns as near as may be made theremn the form of schedule D hereunto annexed ; and he shall enter nto the sad pound-book n a legble handwrtng the partculars of all cattle lodged n the sad pound specfyng the day and hour as near as may be when and the cause for whch the same were respectvely mpounded and by whom they were sent the tme and mode of gvng notce of the sad mpoundng as by ths Act requred; and also where and n what manner the same were released and by whose order and to whom delvered ; the partculars of sales and of the proceeds thereof and by whose orders the same were made; and the sad entres shall be made at the tme the sad acts were respectvely done or as soon after as possble but not after any dspute concernng such entry shall have arsen 36 The sad pound-book and copy of ths Act shall at all p oun d-book to be reasonable tmes be produced by the sad Poundkeeper to and P e n f r nspecton be open for the nspecton of any person desrng to see the same of pubucand the sad poundkeeper shall grant extracts (sgned by hmself) from the sad pound-book and shall preserve and keep for not less than one year all orders made by Justces as aforesad concernng any cattle mpounded 37 The keeper of every such pound shall erect and mantan n some conspcuous part of the sad pound havng panted - * j - - A board wth table of/ees> charges and rates panted there- thereon m legble black characters o l a whte ground a table of on to be placed n all such lawful fees and charges as he maybe hereby authorzed to p^te0f t^pound118 demand have and receve and of all such rates of ordnary damages as shall be estmated and assessed and framed and publshed as and n manner herenbefore provded 38 The keeper of every such pound shall receve and detan PouDdkeeper to r n hs custody any cattle lodged n such pound and shall be ^ttfe aand to^be responsble to the owner thereof for every loss and damage sus- ^sponsble for loss taned by the wlful a c t o r neglect of such poundkeeper or hs S S o d y w e m servants but not otherwse And the sad poundkeeper shall and may detan all such cattle so mpounded untl the same shall be repleved n due course of law or untl the sum for whch the same were mpounded wth hs lawful fees and charges shall be pad or tendered or secured to be pad n the manner heren provded; or'untl he shall receve the Wrtten order of the person

10 10 mpoundng such cattle to delver the same together wth hs lawful fees and charges ; and upon such payment as aforesad bsng tendered or pad or secured as hereafter provded or such order beng receved from the person mpoundng together wth hs fees and charges as aforesad the sad poundkeeper shall mmedately delver such cattle to the owner thereof or hs agent balff or servant or other person duly authorzed by such owner to receve the same be^veaty owne? 39 The securty herenbefore mentoned shall be an underof cattte 1 replevyng takng n wrtng and shall be n the form and to the effect the same mentoned n schedule E hereunto annexed and shall be sgned by the owner of such mpounded cattle hs agent or balff; and every agent or balff who shall sgn such note whereby such cattle shall be released from pound shall be deemed the authorzed agent of hs employer wthout any further proof beng requred thereof; and every such securty or undertakng at all events at the tm3 and place therenbefore mentoned wthout any further notce or demand for such purpose and upon falure of such payment the amount or sum secured by such undertakng shall and may be recovered n a summary way by the poundkeeper before any Justce of the Peace upon the producton of such undertakng or securty before such Justce and the oath of the poundkeeper that the same s stll due and unsatsfed Keeper to post on 40 The kecpar of every such pound whenever and so often pound descrpton as any cattle shall be mpounded theren for trespass shall post of cattle mpounded ^ wrtten notce on the gate or some other conspcuous part of the sad pound settng forth a descrpton of such cattle; and each notce shall reman so posted untl the sad cattle shall have been clamed or otherwse dsposed of by due course of law «-v r Defnton of a pro- 41 A proper ' \ fence ' wthn the meanng of ths Act ' shall be perfente deemed and taken to be any bank sea rver or creek not passable for cattle or any of the followng vz: 1 A stone wall not less than four feet sx nches n heght exclusve of the copng and not less than two feet sx nches n breadth at bottom 2 A post and three ral or fve wre fence 3 A post and two ral or three wre fence wth a dtch three feet wde 4 A whte thorn fence wth a bank and brush fve feet hgh and dtch three feet wde whte thorns planted not more than one foot apart 5 A bank faced or topped wth stone fve feet hgh and a dtch three feet wde 6 A palng fence not less than fve feet hgh Keeper of pound ^2 If the keeper of any of the sad publc pounds shall lable to a penalty refuse neglect or omt to do any act matter or thng whch he contrlvemn^any^of ^ requred to do as such keeper by the provsons of ths Act; or the provsons Act of f he shall do any act matter or thng whch he s as such keeper prohbted from dong by such provsons he shall forfet - and pay for every such offence any sum not exceedng fve pounds Short ttle of Act 43 The short ttle of ths Act shall be " The Impoundng Act 1856"

11 SCBEBUKG C Impounded on the day of 185 by (here state the name of the party mpoundng) (here gve the number descrpton and brands of thecattle mpounded) supposed to belong to (here state the name of the owner or supposed owner) for trespassng on (here descrbe the land where tha cattle were trespassng) for whch (here state the damage clamed) And n default of beng released the above cattle wll be sold at the publc pound on the day of 185 (Sgned) Poundkeeper of ths Pound

12 SCHFBttXE D FORM OF POUNDKEEPER'S BOOK Date Tme Partculars of C ttle mpounded Brand marks Owner By whom m pounded? or what canst mpounded Tme-and mode of gvng notce How dsposed of Tme when released or sold Partculars of release or sale *!

13 SCHEDULE E FORM OF SECURITY OF UNDERTAKING I (A B) of (descrbng resdence of owner of cattle mpounded) hereby promse to pay wthn thrty days from the date hereof to (C D) or the Poundkeeper for the tme beng at (namng ether the pound or place of resdence of the Poundkeeper as may be requred) the sum of (specfyng the full amount of poundage as well as fees and charges theren) wthout any deducton whatever Dated at ths day of 185 (Sgned) A B 01 for A B C D Agent for the sad A B Passed the Provncal Councl ths twenteth day of March One thousand eght hundred and Ffty-sx T H BARTLET Speaker STEPHEN E HUGHES Clerk of Auckland Provncal Councl On ths Twenty-sxth day of March One thousand eght hundred and Ffty-sx I assent to ths Act on behalf of the Governor J LOGAN CAMPBELL Superntendent