Every local authority shall provide and maintain a public pound, which shall be properly fenced and enclosed and so adapted as to keep stock infected with any contagious disease separate and apart from other stock:

Where any local authority has entered into an agreement to provide a joint pound, that local authority may make contributions in accordance with the agreement towards the cost of establishing, maintaining, and operating the joint pound.

All rates, charges, fees, and other money collected by a local authority in respect of the joint pound and not otherwise appropriated by this Act shall be held by the local authority on behalf of the parties to the agreement and, subject to the deduction or payment of such amount as remuneration or costs as may be agreed upon, shall be handed over to such local authorities as are entitled to receive the same in terms of the agreement.

The location of any new pound, or a change in the location of any pound, or the abolition of any pound shall be publicly notified, and a copy of the notice shall be prima facie evidence of the establishment or change in location or abolition of any pound.

The local authority shall erect and maintain on some conspicuous part of every pound a notice board on which shall be printed or otherwise affixed in some permanent manner a notice to the effect that the area is a public pound, and showing the name of the local authority having jurisdiction over the pound and the name and address of the poundkeeper.

A local authority may take or otherwise acquire under the Public Works Act 1928 or purchase or otherwise acquire land or any interest in land for the purpose of establishing a public pound or a temporary pound.

The local authority shall appoint a poundkeeper for each public pound under its control, and may appoint rangers and such other persons as are necessary for the proper carrying out of the provisions of this Act.

The local authority may from time to time appoint a deputy of any poundkeeper.

On the occurrence from any cause of a vacancy in the office of poundkeeper (whether by reason of death, resignation, dismissal, or otherwise), and in case of the illness, absence, suspension, or temporary incapacity of the poundkeeper (from whatever cause arising), and so long as the vacancy, illness, absence, suspension, or temporary incapacity continues, the deputy shall have and may exercise all the powers, duties, and functions of the poundkeeper whose deputy he is.

The fact that the deputy of any poundkeeper exercises any power, duty, or function as aforesaid shall be conclusive evidence of his authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorizing him to do so.

The local authority may at any time remove or suspend from duty any poundkeeper or deputy poundkeeper or any ranger or other person appointed for the purposes of this Act.

Every appointment, or suspension, or removal from office of any poundkeeper or any deputy poundkeeper shall be publicly notified, and a copy of the notice shall be prima facie evidence of any such appointment, suspension, or removal.

The local authority shall cause every pound under its jurisdiction to be kept clean and in good order, and all stock from time to time impounded therein to be supplied with sufficient food and water and given all necessary care and attention.

The local authority shall cause any stock known to be infected with any contagious disease to be kept in a separate enclosure from stock not so infected, and any person for the time being in charge of a pound who knowingly allows any diseased stock to be confined in the same enclosure with other stock commits an offence under this Act.

The local authority shall keep or cause to be kept in respect of all stock impounded—

The Pound Book shall be the initial record of stock impounded in the pound, and shall be kept by the poundkeeper, who, as soon as possible after stock has been impounded, shall make in duplicate all such entries as are required to be made therein, and forward a copy of those entries to the chief executive of the local authority for entry in the Impounding Register.

The Impounding Register shall be kept at the office of the local authority, and shall be a record of all stock impounded, and of all fees, rates, and charges received in respect of that stock, and all disbursements required to be made therefrom under this Act.

The Pound Book and the Impounding Register shall at all reasonable times be open to inspection by any person free of charge.

The local authority may, by resolution publicly notified, set reasonable poundage fees which shall be recoverable from the owner of stock impounded in its pound.

In setting poundage fees under subsection (1), the local authority may—

In addition to any poundage fees recoverable by the local authority, that authority may also recover from the owner of stock impounded in its pound the actual costs, reasonably incurred, in the sustenance of the impounded stock of that owner.

The person impounding stock shall not be liable to pay to the local authority any fees or charges recoverable under this section.

The owner of any stock that is found trespassing, straying or wandering on any road shall pay to the local authority or person having custody of the stock all reasonable costs incurred in leading, driving, or conveying the stock from the place where it is found to the pound or to the place where it is delivered to the owner.

The charges payable under subsection (1) shall be payable to the local authority in the first instance if the stock is impounded, or direct to the person having custody of the stock in any other case.

Without limiting the generality of subsection (1), the charge made may take account of—

Notwithstanding anything in this section, the local authority or, as the case may be, the person having custody of the stock and delivering it to the owner, may make a minimum charge of $5.

Without limiting the general power to make regulations conferred by section 67, regulations may be made under that section prescribing the trespass rates payable under this Act.

Any such regulations may prescribe different rates according to the description of the stock trespassing and according to the description of the land or crops trespassed upon.

Where trespass rates are payable under this Act, the owner of the stock trespassing shall pay the rates prescribed by regulations made under this Act (or at double those rates where double rates are payable) according to the description of the stock trespassing and according to the description of land or crop trespassed on; and those rates shall be payable to the local authority in the first instance where the stock is impounded in a pound, or direct to the occupier or person having charge of the stock in any other case.

In any case where trespass rates are payable in respect of the trespass of any entire animal, there shall be payable to the occupier of the land trespassed upon, as a special trespass rate in addition to any other trespass rate prescribed by regulations made under this Act, such sum not exceeding $200 as the court thinks fit to award, to be recoverable by action in the District Court.

Subject to the provisions of section 29, all trespass rates and driving charges received by a local authority (not being driving charges which the local authority is entitled to retain) shall as soon as possible be paid to the persons entitled thereto.

There shall be available for inspection by any person at all reasonable times at the office of the local authority and at the office or residence of the poundkeeper a copy of this Act and a table of the fees, rates, and charges that the local authority is authorized by this Act to receive.

The occupier of any land may seize and impound any stock trespassing on the land.

Except as hereinafter provided, stock shall be impounded in the nearest accessible pound to the place where the stock was found trespassing.

The stock may be led, driven, or conveyed to the pound by the occupier of the land trespassed upon or his agent or, if so requested by the occupier and approved by the local authority, by a ranger.

Where the stock, while being taken to a pound, escapes on to any unfenced land, the person taking the stock to the pound or any other person on his behalf may enter upon the land and remove the stock therefrom.

Where stock has been seized for trespass by any occupier for the purpose of impounding the same, the owner of the stock or some person on his behalf may pay or tender the trespass rates (where trespass rates are payable) and driving charges to the person seizing or having charge of the stock before it has actually been impounded, and the person having charge of the stock shall on that payment or tender forthwith deliver up the stock to the owner or to the person acting on his behalf.

The occupier of any land trespassed upon by stock may, where the owner of the stock is known to him, impound and detain the stock in any convenient place upon his own land; and in that case he shall, within 24 hours of the impounding, notify the owner of the stock, either personally or by means of a written notice delivered to his usual or last-known place of abode, of the number, description, brands or apparent brands and earmarks of the stock, the place where the stock was found, and details of any trespass rates claimed.

The occupier shall feed and maintain and give all necessary care and attention to the stock so impounded and shall not keep it impounded longer than 2 whole days of 24 hours each, and at the expiration of that time, unless the stock is sooner released pursuant to subsection (3), he shall cause the stock to be led, driven, or conveyed to the nearest accessible pound.

Where stock has been impounded in accordance with subsection (1) and the owner or any person acting on his behalf pays or tenders the sustenance fees that would have been payable if the stock had been impounded in the nearest accessible pound and any trespass rates that may be payable, the occupier of the land shall release the stock to the owner or to the person acting on his behalf.

The occupier of any land trespassed on by stock may restore the stock to its owner, and in such a case may demand, and in case of non-payment recover as a debt, from the owner of the stock the amount of any trespass rates that would be payable if the stock was impounded for trespass, together with the charges for leading, driving, or conveying the stock to the residence of the owner.

Except as otherwise provided in this Act, the occupier of land trespassed upon by stock shall not be entitled to demand or recover any damages whatsoever on account of the trespass thereon of any stock unless—

In any case where damages are payable under this section the amount of any damage shall be recoverable by action from the owner of the stock.

Where stock has been impounded for trespass and the occupier of the land trespassed upon notifies the poundkeeper that he intends to claim actual damages instead of trespass rates pursuant to section 27, the poundkeeper shall, on payment of all other authorised fees and charges, release the stock to the owner.

Where in any of the cases specified in paragraphs (a) to (d) of subsection (1) of section 26 the occupier of the land has impounded stock for trespass thereon, he may claim from the owner of the stock on account of the trespass the trespass rates prescribed by regulations made under this Act, and in that case he shall not be entitled to recover the actual damage sustained by him on account of the trespass.

The occupier of any land trespassed upon by stock whose fence has been damaged by the stock may, when the estimated cost of the repair of the fence does not exceed $50, demand and charge that cost as if it were a trespass rate.

The owner of impounded stock may give notice in writing to the local authority that he intends to apply to the District Court for an order declaring that the impounding was illegal under this Act or that the trespass rates demanded exceed the amount payable under this Act; and on the giving of that notice and on payment of trespass rates (where trespass rates are demanded), together with all other authorized fees and charges, the poundkeeper shall release the stock, and the local authority shall retain the trespass rates to abide the order of the District Court as provided in section 30.

Every application under section 29 shall be made within 2 months after the giving of the notice in writing to the local authority, and shall be made by way of originating application to the District Court in accordance with the rules of that court, and the fees prescribed by those rules in respect of originating applications shall be payable.

If the court finds that the stock was not trespassing, or that the impounding was illegal under this Act, or that the trespass rates demanded are in excess of the amount payable under this Act, it may make an order against the defendant for the amount of damages sustained by the owner of the stock in consequence of the illegal impounding or excessive demand, and for the amount of all other authorized fees and charges paid by the owner to the local authority; and that order shall also be an authority to the local authority to pay the trespass rates retained by it in accordance with the order.

The court may hear and determine the application notwithstanding any question of title to the property or suggestion of right that may be involved therein.

Notwithstanding anything in section 27, the occupier of any fenced or unfenced land trespassed on by pigs or goats may recover from the owner of those pigs or goats trespass rates at the rates prescribed by regulations made under this Act; and, if any pigs or goats the property of the same owner trespass upon that land within 3 months after the first trespass, the occupier may recover from the owner thereof, in respect of every separate time they so trespass, trespass rates at double the rates prescribed by regulations made under this Act.

The occupier of any fenced land sown in grass or under cultivation may destroy any poultry or pigs or goats, other than branded Angora or Saanen or Toggenburg goats, found trespassing upon the land.

The occupier so destroying any such animal or bird shall within 24 hours send in writing a description of the animal or bird so destroyed, and of the place where it was destroyed, to the owner thereof if he is known, and, if he is unknown, then to the nearest police station, and if he makes default in so doing he is liable on conviction to a fine not exceeding 10 pounds:

If the carcass of any animal or bird so destroyed is not claimed and removed by its owner within 48 hours after being destroyed, the occupier shall bury or otherwise dispose of the carcass, and if he makes default in so doing he is liable on conviction to a fine not exceeding 10 pounds.

The local authority may from time to time, with the consent of the occupier thereof, declare any fenced paddock or yard adjacent to a road to be a temporary pound for use as a place for impounding stock seized for impounding under the provisions of section 33.

No stock other than stock seized for impounding under the provisions of section 33 shall be impounded in a temporary pound.

The local authority shall appoint a keeper for each temporary pound.

The local authority shall cause to be affixed on some conspicuous part of the temporary pound a notice to the effect that it is a temporary pound, and showing the name of the local authority having jurisdiction over that temporary pound, and the name and address of the person appointed by the local authority to act as keeper thereof.

The provisions of Parts 3 and 4 and Parts 7 to 10 shall, as far as they are applicable and with the necessary modifications, apply with respect to every temporary pound as if references therein to a pound were references to a temporary pound and as if references therein to a poundkeeper were references to the keeper of a temporary pound.

Where at any time of the day or night any stock is found straying or wandering on any road, or tethered on any road in such a manner as to obstruct or be reasonably likely to obstruct the road, any person may seize the stock, and may either impound it or, where the owner thereof is known to him, return it to the owner; and in any such case the owner of the stock, in the case of entire animals, is liable on conviction to a fine not exceeding $100 for every head thereof and, in the case of other animals, to a fine not exceeding $50 for every head thereof, in addition to any other rates and charges payable under this Act.

Where any stock is found so straying or wandering or tethered between sunset and sunrise, any person may, with the consent of the owner of the yard or paddock, place it in any yard or fenced paddock for the night and shall, as soon as possible after sunrise, either return it to the owner or remove it or cause it to be removed to the nearest accessible pound.

Any expenses reasonably incurred by any person impounding or otherwise dealing with stock under this section, shall be recoverable by action from the owner of the stock over and above any other fees, charges, and fines payable under this Act.

For the purposes of this section stock straying or wandering or tethered so near a road as to be reasonably likely to stray on to the road shall be deemed to be straying or wandering or tethered on the road.

Where—

the local authority may, by resolution publicly notified, declare that the provisions of section 33 shall not apply with respect to that road or portion thereof.

Where any such declaration is made under this section, the occupier of the land by which the road or portion thereof is bounded shall—

and the declaration shall have effect only so long as those notices and the cattle stops and swing gates required by the local authority are so erected and maintained.

Where any ranger seizes stock for impounding under the provisions of section 33, he may, instead of taking the stock to the nearest accessible pound, impound it in a temporary pound.

Where any person has seized any stock for impounding under section 33 and the stock, while being taken to a pound or temporary pound, escapes on to any unfenced land, that person or any other person on his behalf may enter upon the land and remove the stock therefrom.

Where stock has been seized by any person for impounding under section 33, and, before the stock has been actually impounded, the owner of the stock or any person on his behalf pays or tenders to the person in charge of the stock the driving charges that would have been payable if the stock had been impounded in the nearest accessible pound, together with the amount of any expenses incurred under subsection (3) of section 33, that person shall forthwith deliver up the stock to the owner or to the person so paying or tendering on his behalf:

Where stock is trespassing on land, and cannot be impounded because of its wildness, the local authority within whose district the land is situated shall, at the request of the occupier of the land, and the tender of the cost and expense of the advertisement, forthwith cause a public notice to be advertised calling on the owner of the stock to remove the same from the land where it is trespassing, and warning him that if it is not removed within 7 days from the date of the advertisement of the notice it will be sold by public auction at the time and place specified in the notice.

Where the stock has not been removed within the said 7 days the local authority may cause it to be sold by public auction at the time and place so specified, and every such sale shall be conducted, and the proceeds of the sale shall be applied, in the same manner as provided in this Act in respect of the sale of impounded stock not released from the pound.

Where stock is sold in accordance with the provisions of subsection (2) of section 38, the purchaser shall as soon as possible take possession of the stock, and for that purpose may, with necessary and proper assistance, enter upon the land where the stock is depasturing and may destroy any of the stock that by its wildness prevents or impedes him in the recovery of the remainder.

Any such purchaser shall be liable for any damage occasioned to any property of the occupier incurred while recovering or mustering his stock in accordance with subsection (1).

Where any wild stock has been offered for sale pursuant to subsection (2) of section 38 and has not been sold, or where the stock has been sold but not removed by the purchaser from the land where it is trespassing within 7 days from the date of the sale, the occupier of the land may destroy the stock without being answerable for damage occasioned thereby.

Except as provided in subsection (3) of section 22 or in section 36, no person shall drive any stock from the land or out of the herds of any other person without first giving not less than 24 hours’ notice in writing to the last-mentioned person, his overseer, or person in charge, of the time he intends to drive away the stock.

Every person who fails to give that notice, or who enters upon any other person’s land for the purpose of driving any such stock, or attempts to drive any such stock without giving that notice, commits an offence against this Act.

Nothing in this section shall affect the provisions of any Act relating to the removal of sheep.

Where stock is found straying or wandering on any road, or so near any road as to be reasonably likely to stray on to the road, not being a road in respect of which a declaration under section 34 is for the time being in force, and—

then, on obtaining a written authority signed by any 2 members of the local authority, or, where a Minister of the Crown is the local authority, signed by any person authorised by that Minister to sign such a written authority, any poundkeeper or ranger employed by the local authority may forthwith destroy the stock.

Where stock is found straying or wandering on any road or so near any road as to be reasonably likely to stray on to the road, and any constable has reasonable cause to believe that—

the constable may forthwith destroy the stock.

In this section the term stock means any horse, mare, gelding, colt, filly, or foal; and bull, cow, ox, steer, heifer, or calf; or any ass or mule.

Where any stock is destroyed in accordance with subsection (1) or subsection (2), the local authority or any member or servant thereof or the constable, as the case may be, shall not be liable for any damages which may subsequently be claimed by any owner or reputed owner of the stock.

The local authority may dispose in such manner as it thinks fit of the carcass of any stock destroyed in accordance with subsection (1) or subsection (2). The proceeds (if any) of the disposal of any such carcass shall form part of the funds of the local authority.

The poundkeeper of any public pound shall receive all stock tendered for lodgement therein and shall allow the stock to be impounded at any time of the day or night.

Where a pound is too small to hold conveniently the number of stock required to be impounded therein, the poundkeeper may place any such stock in some paddock or convenient place near the pound to be approved by the local authority; and every such paddock or place while so used shall be deemed to be part of the pound.

The person by whom or by whose order any stock is delivered to a pound shall specify in writing to the poundkeeper of that pound the description, number, brands or apparent brands and earmarks of the stock, the name of the owner (if known to him), the place where the stock was found, and details of any trespass rates and driving charges claimed.

As soon as possible after any stock has been impounded in a pound the local authority shall, if the owner is known or the stock is branded or marked with any registered brand or mark, cause to be delivered at or posted to the address of the owner or, as the case may be, the person in whose name the brands or marks are registered, a notice in the prescribed form that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act.

If the owner of the stock is not known, or cannot be identified from the brands or earmarks on the stock, or if following the delivery or posting of a notice as required in subsection (1) the stock is not claimed within 48 hours, the local authority shall insert a notice in the prescribed form in 1 or more newspapers circulating in the district that the stock has been impounded and unless claimed by the owner will be sold under the provisions of this Act at the time and place specified in the notice, being not less than 7 days after the date of the first publication of the notice in a newspaper.

The poundkeeper shall detain in his custody all stock impounded until the fees, rates, and charges payable under this Act and any expenses incurred by the local authority in connection with the proposed sale have been paid:

The poundkeeper shall not be obliged to release stock from the pound on any Sunday, or on any other day except between the hours of 8 am and 5 pm.

Where stock has not been released from the pound before the time fixed for the sale thereof in the notice referred to in subsection (2) of section 46, the stock shall be sold by public auction.

Sales of impounded stock shall be held at the time and place specified in the notice referred to in subsection (2) of section 46, and at any such sale not more than 10 sheep or goats nor more than 5 pigs nor more than 1 head of any other kind of stock shall be sold in 1 lot.

At every such sale the poundkeeper or any other person authorized by the local authority shall act as auctioneer, and any such auctioneer is not required to be an auctioneer registered under the Auctioneers Act 2013.

The local authority or any poundkeeper employed by the local authority or any person conducting the sale on its behalf shall not either in person or through an agent purchase any stock at any such sale, or have any interest of any kind in the stock so purchased.

Any sale of impounded stock by public auction notified to be subject to a reserved or upset price shall be subject to a reserved or upset price not exceeding the amount of costs and charges to which the local authority is entitled under this Act.

A purchaser of stock sold under the provisions of this Act shall not be bound to prove that the sale was regular, or that the terms and conditions required by this Act were complied with, or be affected by any default or irregularity in respect of the sale; and no poundkeeper or other person authorized to conduct the sale shall be liable for any penalties for selling by auction as herein provided.

Notwithstanding section 46, but subject to subsection (2), if—

the local authority may arrange for the destruction of the animal and the disposal of the carcass in such manner as it thinks fit.

The local authority may not destroy an impounded animal to which subsection (1)(a)(ii) relates, unless—

Any proceeds from the sale of a carcass of an animal destroyed under subsection (1) must be dealt with in the same manner as is provided in sections 54, 55, and 65 in respect of the proceeds of the sale of impounded stock.

Where any stock has been offered for sale in accordance with the provisions of this Act, and has not been sold, the local authority may sell or otherwise dispose of the stock as it deems fit, and any proceeds resulting therefrom shall be dealt with in the same manner as is provided in sections 54, 55, and 65 in respect of the proceeds from the sale of impounded stock.

The proceeds of the sale of impounded stock sold under this Act shall be applied in payment—firstly, of any costs and charges incidental to the sale; secondly, of all poundage and sustenance fees payable in respect of the stock; thirdly, to the impounder of the stock of rates due to him for the trespass thereof, and the driving charges due to him; and fourthly, to the owner of the stock of any residue.

Where the residue of the proceeds of any sale of impounded stock under this Act is not claimed by any person entitled thereto and the owner of the impounded stock is not known to the local authority or to the impounder of the stock or cannot be found, the impounder of the stock, if he has not claimed any trespass rates, may at any time within 6 months after the sale apply to the District Court in its civil jurisdiction for an order that the amount of any damages sustained by him in consequence of the trespass be paid to him out of the residue of the proceeds of the sale.

Notice of the application shall be published by the applicant in some newspaper circulating in the locality not less than 14 clear days before the time appointed for the hearing thereof, and a copy of the application shall be served by the applicant on the local authority.

On the hearing of the application the court shall determine the amount of the damage sustained by the applicant in consequence of the trespass, and may make an order that that amount, together with the costs and disbursements, or such smaller amount as may have been paid to the local authority as the residue of the proceeds of the sale, shall be paid by the local authority to the applicant.

Every application to the District Court under this section shall be made by way of originating application in accordance with the rules of that court, and the fees prescribed by those rules in respect of originating applications shall be payable.

If the proceeds of the sale of any stock sold under this Act are insufficient to satisfy the fees and charges of the local authority relating thereto and the trespass rates and driving charges payable to any other person, the deficiency shall be recoverable by the local authority or by that other person, as the case may be, by action from the owner of the stock, and if the stock has been destroyed under the provisions of section 52, the local authority or other person shall in like manner be entitled to recover from the owner of the stock any such deficiency.

Every poundkeeper is liable on conviction to a fine not exceeding $500 who—

Every poundkeeper is liable on conviction to a fine not exceeding $100 who—

Every person other than a poundkeeper is liable on conviction to a fine not exceeding $500 who—

Every such person is liable on conviction to a fine not exceeding $100 who—

Where a poundkeeper is charged with losing any impounded stock through wilful and culpable negligence, and it is proved that any stock impounded was in the custody of the poundkeeper, the stock shall be deemed to have been so lost unless the poundkeeper proves the contrary.

Every poundkeeper and every other person who, without the authority or consent of the owner thereof, works or uses any horse, mare, gelding, ass, mule, bull, bullock, steer, or heifer while it is impounded is liable on conviction to a fine not exceeding 20 pounds, together with such sum as the convicting court considers reasonable and adjudges to be paid to the owner for his compensation and costs in that behalf.

A local authority may from time to time delegate any of its powers under this Act (not being powers conferred by section 14(1)) to any member or officer of the local authority or, if a Minister of the Crown is the local authority, to any person in the employment of the Crown.

Subject to any general or special directions given or conditions attached by the local authority, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

Every person purporting to act pursuant to a delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Any delegation under this section may be made to a specified person or persons or to the holder or holders for the time being of a specified office or offices.

Every delegation under this section shall be revocable at will, and no such delegation shall prevent the exercise of any power by the local authority making the delegation.

Any notice required or authorized to be given to any person under this Act may be served by delivering it personally to that person, or by leaving it addressed to him at his usual or last known address, or by sending it by post in a letter addressed to that person at his usual or last known address, and in the last-mentioned case it shall be deemed to have been received when in the ordinary course of post it would be delivered.

If within 1 year after any sale of impounded stock, or, where the owner of any stock has obtained the release of the stock on payment of fees and any trespass rates or charges, within 1 year after that payment, any person entitled to any trespass rates or driving charges or the residue of the proceeds of the sale has not claimed payment thereof, the same shall be paid to the local authority.

The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving effect to the provisions of this Act and for the due administration thereof.

The enactments specified in Schedule 4 are hereby repealed.

Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of any provision by this Act shall not affect any document made or any thing whatsoever done under the provision so repealed or under any corresponding former provision, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Act and as if that provision had been in force when the document was made or the thing was done.