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Canterbury Provincial Ordinances |
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That the "Cattle Driving Ordinance, 1862," be repealed.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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URL: http://www.nzlii.org/nz/legis/can_ord/cdo1863205