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Trespass of animals.
No impounding for trespass, when owner of animals is known; but occupier of land shall deliver up animals found trespassing to their owner, and shall then be entitled to the following rates of trespass.
But when owner of animal is not known, it may be impounded.
Pound keeper to deliver up animal to owner, on authority of justice, or on payment of rates, &c.
Pound keeper to pay over rates of trespass, except in certain cases.
When parties are not satisfied, justices to investigate the case and make an award according to the principles herein prescribed.
Justices, in case of actual damage done, may award compensation.
Justices may allow credit for, or order refunding of any amount already paid, according to the case.
Justices may order repair of fences by person who ought to repair the same.
Punishment for the following offences:
Impounding, when owner is known, &c.
Pound keeper neglecting to liberate animals, &c.
Justices may adopt such means of proof as they shall see fit.
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20. The decision and regulation of certain matters relating to the trespass of animals shall be subject to the following provisions:
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1. It shall not hereafter be lawful to impound any animal found trespassing upon any land when the owner of such animal shall be known; but the occupier of such land or the person by whom such animal shall be found trespassing shall either deliver up such animal to the owner, or to his steward, herdsman, caretaker, or other servant, or he shall show such animal in the act of trespassing to such owner, steward, herdsman, caretaker, or other servant, and allow such animal to be taken away by him; and the owner of such animal shall thereupon be liable to pay to the occupier of such land the rate of trespass fixed by the following scale (or according to such scale as the justices at quarter sessions shall from time to time fix, and which they are hereby authorized to do if they shall see fit):
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Where the trespass shall be on any common pasture land, or on any arable uncropped land, the rate shall be:
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s.
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d.
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For every horse, mare, pony, mule, ass, bull, cow, bullock, heifer, or pig - -
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0
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6
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For every calf, sheep, or lamb - - -
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0
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2
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For every goose - - - -
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0
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1
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For every other fowl - -
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0
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0½
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For every goat - - - -
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3
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0
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And where the trespass shall be upon any fattening pasture or meadow land, or upon any land cropped with corn, peas, flax, vetches, turnips, rape, potatoes, green crop, or other cultivated vegetable, or by any goat in a plantation, the rates shall be double the amount of the preceding rates:
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2. But when the owner of any such animal shall not be known, it shall be lawful for the occupier of such land, or for his servant, or for any other person on his behalf, to impound such animal in the nearest pound of the county (or in the pound of the manor,) specifying in the notice which he is required to give to such pound keeper (under the provisions herein-before contained relating to the impounding of animals) the nature of the land or crop in which such animal shall have been found trespassing; and such pound keeper shall afterwards deliver up such animal to the owner, it known, or to any person on his behalf, either upon being so authorized in writing by any justice, or upon being paid by such owner or person the amount legally due for pound fees and rates of sustenance, and also the amount due under the above scale of rates for a trespass on any land or crop of the nature specified in such notice; and such pound keeper shall thereupon pay over the amount of such rate of trespass to the person by whom such animal shall have been impounded, unless when required by any justice, or by such occupier by notice in writing, to hold over the same until any dispute as to the same shall have been decided at petty sessions:
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3. Whenever either the occupier of such land or the owner When parties of such animal shall not be satisfied with the amount of such rates (whether paid at the time or not), it shall be lawful for the justices at petty sessions, upon complaint of such occupier or owner, to investigate the case, and to make such award against either party as shall seem just under all the circumstances; and the principle upon which they shall make such award shall be, that the owner of such animal shall be deemed liable to pay to such occupier the above rate for a first trespass, and double the above rate for a second trespass, and treble the above rate for a third or subsequent trespass, (whether any actual damage shall have been done or not,) unless they shall be satisfied that such trespass was caused by any neglectful conduct on the part of such occupier, or that there are any other justifying circumstances, in which case they may declare him to be entitled either to no rates or to a part only of the rates; and in any case where any actual damage shall have been done by such trespass, it shall be lawful for the justices to award a like payment of such further sum as, together with any rates awarded, shall be equal to the value of such damage as shall be proved to their satisfaction to have been actually caused by such trespass; and in making any such award, the justices shall allow credit to the owner of such animal for the amount of any rate of trespass paid by him at the time; or where they shall award either no rates or a lesser amount than any sum so paid at the time, they may order that the whole or a part of such sum, as the case may be, shall be refunded to such owner:
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4. Whenever it shall appear, in any case in which any complaint of trespass shall be so made, that the trespass shall have been caused by the bad or imperfect state or destruction of any fences, it shall be lawful for the justices at petty sessions by order in writing to direct that the occupier of the land to which such fences shall belong shall repair the same when wholly on his land, or join in repairing the same when partly on his land, within such reasonable time as they shall fix for that purpose; and in default of his so doing within such time, it shall be lawful for such justices, by a like order in writing, to authorize such fences to be repaired by the person who shall have been aggrieved by any such trespass, who may thereupon enter and repair the same; and afterwards, upon proof of the expences incurred by such person in making such repairs beyond what he may be himself bound to expend in case of fences common to both parties, it shall be lawful for such justices to order that the same shall be paid (to any amount not exceeding two shillings per perch) by such occupier, unless it shall be shown that the person under whom such occupier shall hold is bound by any lease or agreement to keep such fences in repair, in which case such amount shall be paid by such person; and in default of such payment it shall be lawful for such justices to order that such amount shall be levied by distress of the goods of such occupier or person, as the case may be, and paid over to the person by whom such repairs shall have been made.
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And any person who shall be guilty of any of the next following neglects or offences shall be liable to a fine not exceeding five pounds:
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5. Any person who aliali impound any animal found trespassing, where the owner of such animal shall be known to him, or who shall impound any animal without giving to the pound keeper the notice required by this Act:
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6. Any pound keeper who shall neglect or refuse to deliver up any animal so impounded to the owner, when authorized in writing by any justice so to do, or upon such owner paying to him the amount of the pound fees and rates of sustenance legally due and the amount legally due for the trespass, or who shall neglect (except when any justice shall authorize him to hold over the same until the decision of any dispute as to the same at petty sessions to pay over to the person entitled to receive the same the amount which shall be paid to him for the trespass upon the liberation of any such animal:
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Provided always, that in all such proceedings under this Act it shall be lawful for the justices to adopt such means as they shall see fit, either by the employment of a valuator or arbitrators or otherwise, for the purpose of informing themselves as to the amount of any damage done, or as to any other circumstances proper to be inquired into on the spot, or as to any other facts of the case upon which they shall be required to decide; and they may (if they shall think it necessary) order the parties or either of the parties to pay to any person so employed such reasonable sum as they shall fix, not exceeding two shillings and sixpence per day, as remuneration for his trouble.
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