Canterbury Provincial Ordinances
13. Canterbury Trespass of Cattle Ordinance 1872
[19th June 1872.]
Whereas it is expedient to amend the law relating to the Trespass of Cattle
within the Province of Canterbury:
Be it therefore enacted by the Superintendent of the Province of Canterbury
with the advice and consent of the Provincial Council
1. Repealing clause.
“The Trespass of Cattle Ordinance 1869” is hereby repealed except
as to any proceedings already commenced or taken or
matters done or liabilities
or penalties incurred under the said Ordinance.
2. Interpretation clause.
In the interpretation of this Ordinance the word “Cattle” unless
otherwise specially defined shall be deemed to include
all horned and neat
cattle horses mules asses sheep goats and swine of all ages and of either sex
and the words “Owner of Cattle”
shall be taken to mean the person
having the lawful charge control and management of such cattle and the term
shall be taken to mean any fence of the several
kinds described in the Schedule A to this Ordinance the smallest part in which
be of not less dimensions than those set forth in the same Schedule The
term “Fenced Land” shall mean land enclosed by
a sufficient fence
within the meaning of this Ordinance and the term “Ordinary Damages”
shall be deemed to be the amount
of damages in every case respectively according
to the scale set forth in the Schedule B to this Ordinance and the words
Damages” shall be deemed to be the amount of actual damage
to the occupier which it shall be proved to the satisfaction of
the Court has
been caused by the trespass of any cattle and the word “Residence”
of the owner of any cattle shall be
taken to mean the nearest known residence or
homestead in use by the owner of such cattle and the word “Occupier”
any land shall be taken to mean the person having the use or occupation of
such land or holding a license from the Crown for the
depasturing of cattle
thereupon or the agent bailiff or servant of any such person and the words
“the nearest Public Pound”
shall be taken to mean such public pound
as any Court before whom any question arising under this Ordinance shall be
deem the most convenient for the purpose having regard to the
circumstances of each case.
3. Cattle to be impounded only under provisions of this Ordinance.
From and after the passing of this Ordinance no cattle shall be impounded
except only under the authority and in accordance with the
provisions of this
4. Cattle straying in streets or thoroughfares.
If any cattle shall be at any time found straying in or lying about any
street thoroughfare highway or other public place or across
any part thereof or
shall be found tethered in any street thoroughfare highway or other public place
or so immediately adjoining
to such street thoroughfare or other public place as
to obstruct the same it shall be lawful for any person to drive the same to
nearest Pound and the owner thereof shall be liable to a penalty not exceeding
forty shillings This section shall not apply to
cattle owned by any licensee of
Crown Lands if such cattle are depasturing on roads over which he has a right of
5. Cattle trespassing upon any land.
If any cattle shall be found trespassing upon any land it shall be lawful for
the occupier of such land or of the pasturage thereof
thereupon to take such
cattle and either to drive them to the residence of the owner or to the nearest
public Pound or to detain
them on his own land at some convenient place and
immediately thereupon to give notice of such detention at the residence of the
owner thereof and such occupier shall be entitled to recover from the owner of
such cattle ordinary damages and charges for driving
the same or for giving
notice of the detention of the same according to the scale respectively set
forth in Schedules B and C to
this Ordinance Provided also that such occupier
may demand the payment of such ordinary damages before restitution of such
but if such occupier shall claim special damages then such cattle shall
not be detained if application be made by the owner for their
Provided also that no owner or occupier of any unfenced freehold land shall be
entitled to demand or recover any damages
whatever by reason of the trespass
thereon of any cattle or any fees for driving or for giving notice of the
detention of such cattle.
6. Entire animals wandering at large.
If any bull ram boar entire horse ass or mule shall be found wandering at
large on land not being in the lawful occupation of the
owner of such animal or
upon any street thoroughfare highway or other public place it shall be lawful
for any person thereupon to
impound the same and the owner thereof shall be
further liable to a penalty not exceeding ten pounds.
7. Damages how recoverable.
Any person entitled to claim ordinary damages for any trespass done by cattle
not having impounded such cattle may recover such damages
in the ordinary course
of law and if he shall have impounded such cattle such damages shall be paid to
him by the Poundkeeper as
8. Cattle trespassing upon fenced land.
If any cattle shall be found trespassing upon any fenced land the occupier
thereof shall be entitled to recover from the owner of
such cattle either
ordinary damages or special damages as he shall think fit and such occupier may
recover the same in the due course
9. Pigs or goats found trespassing.
If any pigs or goats shall be found trespassing on any land whether fenced or unfenced the occupier or owner of such land may recover from the owner of such pigs or goats damages at the rate of one shilling per head and if any pigs or goats the property of the same owner shall trespass on such land within the space of three months after the first trespass such occupier may recover from such owner damages at the rate of two shillings per head for every pig or goat so trespassing Provided that such occupier may either drive such pigs or goats or cause them to be conveyed to the residence of the owner or to the nearest public Pound and may recover from the owner the reasonable expenses of so doing or such occupier may give notice to the owner of such pigs or goats that they are so trespassing and if such owner shall not forthwith remove such pigs or goats he shall pay to such occupier damages at the rate of three shillings per head for every pig or goat so trespassing.
10. Pounds to be erected and maintained.
It shall be lawful for the Superintendent to cause public Pounds to be
erected and maintained within the province and from time to
time abolish or
remove the same and all such Pounds shall be situate immediately adjoining some
public highway and a notification
of every such establishment abolition or
removal of a public Pound shall appear in the Government Gazette of the province
forth fully the situation of such Pound or the situation to which it is
removed as the case may be together with the day being not
less than ten clear
days after the issue of such Gazette from and after which such establishment
abolition or removal shall take
11. Poundkeepers to be appointed.
It shall be lawful for the Superintendent by writing under his hand to
appoint fit and proper persons to be Poundkeepers and from
time to time to
remove the same and to appoint others in their stead and every such appointment
or removal shall take effect from
the day upon which the same shall be notified
in the public Gazette of the province.
12. Poundkeepers to give security.
Every Poundkeeper shall give security for the due performance of the duties
of his office by bond to the amount of fifty Pounds by
himself and two sureties
being substantial householders of the province.
13. Duties of Poundkeeper.
It shall be the duty of the Poundkeeper to keep the Pound under his charge
clean and in good order and the fences thereof in proper
repair and every day or
part of a day not being less than six hours during which any cattle shall be in
the Pound to supply such
cattle with a sufficient quantity of wholesome food and
water and for every offence either by wilful act or by neglect against the
provisions of this clause the Poundkeeper shall be liable to a penalty not
exceeding five pounds and not less than one pound.
14. Poundkeepers may demand fees, &c.
It shall be lawful for the Poundkeeper to demand and receive from the owner of any cattle impounded all such fees and charges as are set forth in the Schedule D to this Ordinance on account of the several services therein described and the Poundkeeper shall until the Superintendent shall notify his intention to hand over the control of the Pound to the Road Board or Municipality within the jurisdiction of which any Pound may be situate account for all such fees and charges to the Provincial Treasurer or to any Sub-Treasurer as the Superintendent may from time to time direct once in every quarter on the first days of January April July and October respectively and all such fees and charges shall be first applied in payment of the salary or remuneration of the Poundkeeper and any surplus after the payment of such salary or remuneration shall be paid to the public account of the province.
15. Poundkeeper to erect and maintain board with fees.
The Poundkeeper shall erect and maintain in some conspicuous part of the
Pound under his charge a white board having painted thereon
with table of fees.
in legible black letters a table of all the fees and charges which he is
authorised by this Ordinance to demand
and receive and if he shall fail to
maintain the same or shall permit any false statement to appear thereon lie
shall be liable to
a fine of five shillings for every day during which any false
statement shall appear thereon.
16. Penalty for demanding or taking greater sum than authorised.
If any Poundkeeper shall demand or take any greater sum for any act or
service than he is hereby authorised to demand and take or
shall fall duly to
account for the fees and charges received by him in the manner hereinbefore
provided such Poundkeeper shall be
liable to a penalty not exceeding five pounds
nor less than one pound for every such offence.
17. Poundkeeper to keep copy of Ordinance, register of brands, and poundbook.
The Poundkeeper shall keep at or near the Pound a copy of this Ordinance and
a copy of the Register of Brands required to be kept
under the provisions of the
Sheep Ordinance which shall be supplied by the Government free of cost and also
a Pound-book in the form
set forth in Schedule B to this Ordinance and he shall
enter into such book every particular required to be entered therein according
to the said form and all such entries shall be made at the time the acts were
done to which they refer respectively and every entry
respecting the time of
impounding any cattle and the cause for which they were impounded and the amount
of damages claimed shall
be entered in the presence of the person impounding
such cattle and shall be signed by such person and the Poundkeeper shall produce
the copy of this Ordinance and the Pound-book and all orders and other papers
relating to the impounding of any cattle at all reasonable
times to any person
desiring to inspect the same and may demand and receive the sum of sixpence for
every such inspection and the
Poundkeeper shall if required grant certified
extracts from such books and papers and may demand and receive the sum of one
for every such extract not comprising more than one hundred words and
for every subsequent number of words not exceeding one hundred
the sum of
18. Poundkeeper neglecting to produce Ordinance or poundbook.
If the Poundkeeper shall neglect or refuse to produce a copy of this
Ordinance or the Pound-book or any paper in his possession relating
impounding of any cattle or shall refuse to permit any one having first tendered
the charge hereby authorised to be demanded
to make such inspection as aforesaid
or shall refuse to furnish extracts from such books or papers as hereinbefore
provided or if
he shall have neglected to make any entry in the Pound-book which
he is hereby required to make he shall for every such offence or
liable to a penalty not exceeding five pounds and if such Poundkeeper shall
wilfully delay making such entry or shall
knowingly make any false entry in the
Pound-book or shall wrongfully erase or destroy any previous entry therein he
shall be liable
for every such offence to a penalty not exceeding ten
19. Poundkeeper liable for loss or damage to cattle impounded.
All cattle impounded shall be in the lawful custody of the Poundkeeper and if
any loss or damage shall occur to such cattle through
the wilful act or neglect
of the Poundkeeper or his servant the owner thereof may recover compensation for
the same in a summary
way and the Poundkeeper shall not release such cattle from
the Pound unless upon the payment of all lawful fees charges and damages
he is herein entitled to demand and receive and except upon the written
authority of the person impounding the same and payment
of such lawful fees and
charges and it shall be his duty immediately upon such payment or upon such
authority together with such
payment as aforesaid to release and deliver up such
cattle and if the Poundkeeper shall at any time release cattle from the Pound
except as herein provided or refuse to deliver up and release such cattle as he
is lawfully required so to do he shall be liable
to a penalty not exceeding five
20. Damages claimed shall be demanded from person taking delivery.
If the person impounding any cattle shall state to the Poundkeeper that he
claims “ordinary damages” or “charges
cattle” or “charges for giving notice of the detention of
cattle” as set forth in Schedules B and C
respectively hereto annexed in
satisfaction of the trespass for which such cattle are impounded and shall state
the amount of such
damages or charges and shall certify to the same in the
Pound-book the Poundkeeper shall demand and he is hereby empowered to demand
receive such amount in addition to all other lawful fees and charges from the
person taking delivery of such cattle and the Poundkeeper
shall pay over such
amount on demand to the person having claimed the same The person impounding any
cattle shall state in writing
to the Poundkeeper the place where the cattle were
found and the name of the owner thereof if such name be known to him.
21. Impounded cattle not claimed within twenty-four hours.
If any impounded cattle shall not be claimed within twenty-four hours after such impounding the Poundkeeper shall immediately twenty send notice in writing to the owner thereof together with an extract from the Pound-book containing all the particulars of the impounding of such cattle and the amount of “ordinary damages” claimed if any and shall further state the day upon which such cattle will be sold if not sooner released and such notice shall be delivered personally
to the owner or shall be given to some adult person at his usual place of
abode Provided that if such owner shall live at a greater
distance than twenty
miles from the Pound such notice shall be given to any one being his known agent
living within such distance
and if neither the owner nor his agent shall be
living within such distance or if the owner shall not be known to the
,then the Poundkeeper shall post such notice at the Pound and at
some other place of public resort in the neighbourhood and shall
same in one or more public newspapers of the nearest town and shall cause such
advertisement to appear twice at least
before the day of sale of such cattle in
such advertisement the place where the cattle were found by the person
impounding the same
and the name of the owner if known shall be stated Provided
that if such cattle shall not be more than two in number it shall not
necessary to give any other notice of such impounding than by posting such
notice as aforesaid on the Pound and at some other
place of public resort in the
neighbourhood and for giving such notices the Poundkeeper shall be entitled to
receive the fees set
forth in Schedule F hereto annexed together with the full
cost of inserting such advertisements in the newspapers.
22. Impounded cattle not released after notice has been served or posted.
If any impounded cattle shall not be released from the Pound within seven
clear days after notice shall have been served as aforesaid
or within fourteen
clear days after such notice shall have been posted as aforesaid the Poundkeeper
shall forthwith proceed to sell
the said cattle and every such sale shall take
place at the Pound and shall commence at the hour of noon and each animal shall
put up in a separate lot and shall be sold to the highest bidder (provided
that any sucklings maybe put up in the same lot with the
mother thereof) and the
Poundkeeper notwithstanding he shall not be duly licensed is hereby empowered to
act as auctioneer at such
sale Provided that it shall not be lawful for the
Poundkeeper or the person impounding such cattle either directly or indirectly
to purchase any animal at such sale And every purchase made by such persons
shall be absolutely null and void and the persons offending
provisions of this section shall be liable to a penalty of five pounds over and
above the restitution of the animal or
animals so purchased.
23. Proceeds of sale how to be applied.
The Poundkeeper shall receive the price of all impounded cattle sold as
herein provided immediately after the sale thereof and shall
apply the same
first in the payment of all lawful fees and charges due to himself and secondly
in payment of the damages “charges
for driving cattle” and
“charges for giving notice of the detention of cattle” (if any)
claimed by the person impounding
the cattle and he shall pay the residue to the
owner of such cattle or to his agent upon the same being demanded and if no such
shall be made within thirty days after such sale he shall pay over such
residue to the Provincial Treasurer and. the receipt of the
shall be a legal discharge to the Poundkeeper for the amount named
24. Penalty for rescue of cattle.
If any person shall rescue or attempt to rescue any cattle which cattle shall
have been lawfully seized for the purpose of being impounded
or shall break down
injure or destroy any Pound legally erected whether any cattle shall be
impounded therein or not or shall commit
any Pound breach or rescue whereby any
cattle of any description shall escape or be enlarged from any such Pound every
shall upon conviction of such offence be liable to a penalty not
less than five nor exceeding twenty pounds.
25. No penalty to exceed one hundred pounds.
No penalty to be imposed in any one conviction and the provisions of this
Ordinance shall exceed the sum of one hundred pounds.
26. Pounds at present established to be deemed to be pounds under this
Until further proceedings in that behalf in pursuance of this Ordinance as
hereinbefore provided the public Pounds at present by law
established shall be
taken and deemed to be public Pounds and the Poundkeepers thereof to be
Poundkeepers with the meaning and under
the authority of this Ordinance.
27. Control and management of Pound may be handed over to Borough
Council and Road Boards.
It shall be lawful for the Superintendent by writing under his hand to notify
to the Mayor of any City or Borough or to the chairman
of any Road Board his
intention to hand over the control and management of any Pound which shall be
situated within the limits of
any City Borough or Road District to the Council
of such City or Borough or to such Road Board and from and after a day to be
in such notification the powers hereby given to the Superintendent shall
be held and enjoyed by such City or Borough Council or Road
and the Poundkeeper shall account for all fees and charges received by him in
such manner as may be directed by
the Council of such City or Borough or any
such Road Board.
28. Penalty for wilfully removing or driving cattle on to other person’s land, or on to public road, if from land not owned or occupied by person so doing.
If any person shall wilfully remove or drive any cattle from any land of
which he shall not be the owner or occupier on to the lands
of any other person
or on to any public road he shall on conviction be liable to a penalty not
exceeding five pounds for every such
29. Superintendent to act with advice of Executive Council.
Every act which the Superintendent is hereby authorised or required to
perform he shall perform solely in accordance with the advice
and consent of his
Executive Council and such advice shall be recorded on the minutes of the
30. Offences how to be dealt with.
Every offence by this Ordinance made punishable by a pecuniary penalty shall
and may be prosecuted in a summary way before any two
Justices of the Peace in
the manner provided by the Justices of the Peace Act 1866 so far as the same
relates to summary conviction
or by an Act repealing or amending the same or for
This Ordinance shall be intituled and may be cited as “The Canterbury
Trespass of Cattle Ordinance 1872.”
Description of Sufficient Fences.
1. A post and rail fence at least four feet in height of substantial material
firmly erected with no greater distance between the
rails or between the rails
and the ground than nine inches and the posts not more than eight feet six
2. A substantial upright paling at least three feet six inches in height with
no greater distance between the palings than four inches.
3. A substantial wire fence at the least three feet six inches in height
having not less than six wires tightly stretched with no
between each of the three bottom wires or the bottom wire and the ground than
six inches and the posts or standards
or binding wires of which are not further
than nine feet from each other.
4. A bank or wall of substantial materials at least five feet in height of
which the slope is not more than one foot from the perpendicular.
5. A close and sufficient live fence at least four feet in height.
6. A combination of the above kind of fences at the least four feet in
7. A ditch not less than five feet broad with a bank or any fence or combination of the above sorts of fences on either side thereof the top of which shall be at least five feet six inches from the bottom of the ditch and three feet six inches above the level of the ground and where the slope of the bank on the ditch side thereof is not more than one in three and the slope of the ditch on the bank side not
more than one in two.
8. Any fence erected previous to the passing of this Ordinance which shall be
of the description contained in Schedule B to the Trespass
of Cattle Ordinance
Session XIV. No. 1 or in Schedule A. to the Trespass of Cattle Ordinance
9. A ditch not less than four feet in width and two in depth with a bank and
wires not less than three feet six inches in height the
wires to be tightly
strained with not more than eight inches between the wires and six inches
between the bottom wire and the bank
and the standards or binding wires to be
not more than nine feet apart.
10. A natural stream ditch or watercourse not less than seven feet broad at
the top and four feet broad at the bottom not less than
three feet six inches
deep with a stream of water running in it and with a bank with a slope of not
more than one in three or any
fence or combination of the above sorts of fences
on either side thereof being not more than nine inches from the edge of the
the top of which shall not be less than two feet above the level of the
Scale of Ordinary Damages.
Within the district hereinafter defined as the Agricultural District
For every head of horses asses mules horned or neat cattle the sum of One
Shilling and for every head of sheep or goats the sum of Threepence.
Within the portion of the Province not included in the Agricultural District or in the
Towns as hereinafter specified
For every head of horses asses mules horned or neat cattle the sum of
Threepence and for every sheep or goat One Penny.
Provided that in no case shall the sum to be charged for ordinary damages for
trespass by cattle upon any one occasion exceed the
sum of Two Pounds.
The Agricultural District shall comprise all that portion of the Province
contained within the Avon the Heathcote the Kaiapoi and
the Port Victoria
Electoral Districts as set forth and described in the Provincial Council
Extension Ordinance Sess. VIII. No. 8
and any other portions of the Province
which shall have been or shall from time to time by Proclamation of the
pursuance of a recommendation to that effect from the
Provincial Council be declared to be included in such agricultural
Charges for Driving Cattle.
For any number of cattle of any sort whatsoever not exceeding twenty-five in
number One Shilling for every mile or fractional part
of a mile from the
residence of the person driving such cattle to the residence of the owner of the
same or to the Pound.
For any number exceeding twenty-five Two Shillings per mile. For giving notice of the detention of cattle
For every mile or part of a mile exceeding one furlong from the residence of the person giving such notice to the residence of the owner of the cattle One Shilling Provided that in no case shall the charge for so driving or for giving notice
exceed the sum of Two Pounds.
Pound Fees. S. D.
For each entire horse above the age of twelve months 02 06
For each mare gelding colt filly foal mule ass goat or pig 01 00
For each bull above the age of twelve months 02 06
For each ox cow steer heifer or calf (first ten) 00 06
For each ox cow steer heifer or calf (above ten) 00 04
For each ox cow steer heifer or calf (above thirty) 00 03
For each ox cow steer heifer or calf (above fifty) 00 02
For each ram above the age of nine months 00 06
For ewe wether or lamb (first twenty) 00 02
For every ewe wether or lamb (above twenty) 00 01
For every ewe wether or lamb (above one hundred) 00 0½
The above fees to be paid for each day or part of a day during which the
animal is kept in the Pound
Charges for Food.
For every horse mare gelding mule ass colt filly
foal or bull cow steer heifer or calf 01 00
For every sheep or lamb 00 01
For every boar sow or pig 00 06
The above charges to be paid for each day or part of a day during which the animal is supplied with food and water by the Poundkeeper.
Form of Poundkeeper’s Book.
Columns: Date. Time.
Particulars of cattle impounded. Brand Marks.
By whom impounded.
For what cause impounded.
Place where cattle were found trespassing. Time and mode of giving notice.
How disposed of.
Time when released or sold. Particulars of release or
Poundkeeper’s Fees for giving Notice of Cattle
For giving notice to any owner agent or bailiff within twenty miles of the Pound
For every mile or part of a mile exceeding one furlong from the
Pound to the residence of the owner of the cattle 01 00
For posting a notice where the owner may be not known or lives at a greater
distance than twenty miles from the Pound and has no agent
or bailiff within
that distance 01 00