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Cattle Driving Ordinance 1863

12. The Cattle Driving Ordinance 1863.

Analysis. Preamble.

1. Repealing Clause.

2. Notice to be given by person driving cattle under penalty.

3. Herd of cattle may be inspected.

4. Penalty for removing cattle from off cattle run without consent of person in charge of such run.

5. Penalties: how to be recovered. Maximum penalties.

6. Notice to be given that any cattle-run may come under the provisions of this

Ordinance.

7. Interpretation of words “cattle” and “cattle-run.”

8. Title.


Whereas it is expedient to make provisions for regulating the Driving of Cattle within the Province of Canterbury:

Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:


1. Repealing Clause.

That the "Cattle Driving Ordinance, 1862," be repealed.

2. Notice to be given by person driving cattle under penalty.

That on and after the first day of September, one thousand eight hundred and sixty-three, any person driving a herd of cattle in the said Province shall, at least six hours before entering upon any cattle-run for the purpose of driving cattle on or over the same, give notice in writing to the Occupier of such run, intimidating his intention of driving cattle on or over the same by leaving the said notice affixed on some conspicuous part of such house or station: Provided always, that the service of such notice shall be renewed, unless the herd of cattle shall

enter on such run within twenty-four hours after the expiration of the time given in

such notice: Provided also, that any person contravening this section shall, on conviction thereof, be liable to a penalty not exsceeding forty shillings per head of cattle driven without due notice given.

3. Herd of cattle may be inspected.

Any Occupier of a cattle-run, or person in charge thereof, may inspect or cause

to be inspected any herd of cattle which shall be on the said run, or upon any run adjoining thereto, or upon any highway passing through or bounding the same; and any person preventing or assisting in preventing such inspection shall, on conviction thereof, be liable in a penalty not exceeding twenty pounds.

4. Penalty for removing cattle from off cattle run without consent of person in charge of such run.

Any person who shall drive or assist in driving any cattle from off any cattle run, without previous consent, in writing, of the Owner or person in charge of such cattle run, shall, on conviction thereof, be liable to a penalty not exceeding Forty Shillings per head of cattle so driven.

5. Penalties: how to be recovered. Maximum penalties.

All penalties imposed and fees payable under this Ordinance are to be recovered in a summary way: Provided always that no penalty to be imposed under this Ordinance shall exceed the sum of One Hundred Pounds.

6. Notice to be given that any cattle-run may come under the provisions of this

Ordinance.

Every person being an Occupier or an Owner of a cattle-run under this Ordinance, shall, on or before the first day of March in each year, serve a notice on the Provincial Secretary of the said Province, intimating his desire that such run shall be under the provisions of this Ordinance; and such notice shall, on or before the first day of May in such year, be published once in the Provincial Government Gazette, and four consecutive weeks in any newspaper published

in the Province: Provided always, that on the service of such notice as aforesaid, the person serving such notice shall pay to the said Provincial Secretary the sum of twenty shillings, to be paid by him to the Provincial Treasurer, to be carried to the ordinary revenue of the Province.

7. Interpretation of words “cattle” and “cattle-run.”

In the interpretation of this Ordinance, the word "Cattle" shall be taken to mean horned or neat Cattle; the words "Herd of Cattle," any number of cattle exceeding ten driven in one lot; the words "Cattle Run," any waste lands of the Crown held under a pasturage license in force in the Province, which have been brought under the provisions of this Ordinance.

8. Title.

This Ordinance shall be entituled, and may be cited as the " Cattle Driving

Ordinance, 1863."



Notes.

This Ordinance was passed by the Canterbury Provincial Council on 1st

September 1863, and assented to by the Superintendent on the 4th September.


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