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Trespass of Cattle Ordinance 1862

10. The Trespass of Cattle Ordinance 1862

Whereas it is expedient that further provision should be made against the trespass of cattle without the limits of a town:

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

1. In certain cases Cattle Trespassing may be driven to the Public Pound or residence of Owner: Damages and Charges for driving may be claimed.

If any cattle shall trespass upon any land without the limits of a town, but within the distance of ten miles from any Public Pound, 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, as he shall think fit; and such Occupier shall be entitled to recover from the Owner of such cattle charges for driving the same according to the scale set forth in the Schedule to this Ordinance annexed. Provided that in no case shall the charges of driving exceed the sum of Five Pounds: Provided always that such Occupier, if claiming ordinary damages, may demand payment of such ordinary damages upon restitution of such cattle, but if such Occupier claims special damages, then such cattle shall not be detained, if application be made by the Owner for their restitution

2. This Ordinance to be part of “The Trespass of Cattle Ordinance, Session

XIV., No. 1.”

This Ordinance shall be interpreted as, and considered part of, and all proceedings under it shall be regulated by “The Trespass of Cattle Ordinance, Session XIV., No. 1.”

3. Title.

This Ordinance shall be entituled and may be cited as “The Trespass of Cattle

Ordinance.

Schedule. Charges For Driving Cattle.

For every head of cattle of any sort whatsoever not exceeding ten in number, Sixpence 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 every head above ten in number and less

than one hundred ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... Threepence. For every head above one hundred ... ... ... ... ... ... ... ... ...One penny.

Notes.

This Ordinance was passed by the Canterbury Provincial Council on 12th

November 1862, and assented to by the Superintendent on 3rd December.