Cattle Trespass Act

Link to law: http://laws.gov.ag/acts/chapters/cap-77.pdf
Published: 1982

Cattle Trespass (CAP. 77 1

CHAPTER 77

THE CATTLE TRESPASS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Public pounds.
4. Control of pounds.
5. car ointment of pound keepers.
6. Cattle trespassing may be impounded.
7. Notice of impounding to be given by pound keeper.
8. Scale of fees.
9. Poundage fees defined.

10. Disposal of fees.
11. Sale of animals impounded.
12. Penalty for not providing food and water or giving

notice.
13. Cattle trespassing may be impounded on private

property.
14. Illegal impounding or capture.
15. Rescuing animals impounded.
16. Cattle improperly on highway.
17. Cattle straying in public places.
18. Appointment of cattle disposal officer.
19. Powers of cattle disposal officer.
20. Disposal of carcase.
2 1. Immunity from action.
22. Liability for cattle in public places.
23. Cattle and feathered stock trespassing may be destroyed.
24. Act not to affect rights of action.

LAWS OF ANTIGUA AND BARBUDA

Cattle Trespass (CAP. 77 3

CATTLE TRESPASS

(1st July, 1982.)

1. This Act may be cited as the Cattle Trespass Act. Short title.

2. (1 ) In this Act, unless the context otherwise Interpretation,
requires-

"cattle" includes large animals and small animals;

" large animal" means any cow, bull, horse, mule, ass,
deer or any animal of the bovine species and in-
cludes young animals and castrated animals of the
aforementioned species;

< < small animal" means any sheep, goat or pig and in-
cludes young animals of the aforementioned species.

(2 ) For the purposes of sections 13 and 23 "authorised
person" shall be construed to mean a person authorised by
the proprietor, possessor or person in charge of any estate
or other land generally or specially to do any act or thing
which the proprietor, possessor or person in charge of such
estate or other land is empowered to do under this Act.

3. (1) The public pounds in use at the date of the Public pounds.
passing of this Act shall continue to be public pounds and
shall be subject to the provisions of this Act.

(2 ) The Minister may, by Notice published in the
Gazette, create new public pounds and may, in like manner,
abolish any existing public pounds, whether in use at the
date of the coming into force of this Act or created under
the provisions of subsection (1).

4. The public pounds in Antigua and Barbuda shall Control of
pounds.

be under the control of the Minister who is hereby empowered
to make regulations for the maintenance and management
of such public pounds.

LAWS OF ANTIGUA AND BARBUDA

CAP. 77) Cattle Trespass

Appointment of
pound keepers. 5 . A pound keeper shall be appointed to each public

pound by the Minister, and such pound keeper shall be
Eemovabie at the discretion of the hinister.

Cattle trespassing 6. It shall be lawful for the proprietor, possessor, or
may be
impounded. person in charge of any estate or other land to cause any

cattle, which shall be found trespassing on such estate or
land to be captured and sent to a public pound, the keeper
of which shall receive and impound the same:

Provided that where any animal has been captured under
this section, if the owner of such animal or any person lawfully
authorised by him, at any time before such animal is receiv-
ed into the pound, pays, for the use of the proprietor,
possessor or person in charge of the land trespassed upon,
to the person having the charge of such animal the poun-
dage fees specified in section 8, the person having the charge
of such animal shall, upon such payment being made, deliver
the animal to the person making the payment.

Notice of 7. The pound keeper to whose custody any cattle shall
impounding to
be given by be committed shall with all convenient speed give notice in
pound keeper. writing of the impounding of such animal to the owner, if

the owner be known, and for such notice shall be entitled
to the sum of two dollars which shall be due and payable
by the owner of the animal.

Scale of fees. 8. (1) Subject to subsection (2) the fees payable to any
pound keeper shall be as follows-

For each large animal $20.00

For each small animal $10.00

(2) Where a pound keeper is satisfied that the animal
impounded belongs to a person who within a period of twelve
months immediately preceding the date of the present
impounding of that animal has paid poundage fees to a pound
keeper in respect of any animal owned by such person, the
fee payable to the pound keeper shall be as follows-

For each large animal $40.00

For each small animal $20.00.

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Cattle Trespass (CAP. 77 5

9. The fees specified in sections 7 and 8, together with Poundage fees
defined. the cost of supplying food and water to the cattle impounded,

shall be termed for the purposes of this Act "poundage fees"
and shall be paid to the pound keeper who shall issue an
official receipt in respect of each such fee paid.

10. (1) When any fee under section 8 has been paid Disposal of fees.
to a pound keeper he shall, at the end of the calendar month
in which the fee was paid, pay into the Treasury twenty-five
per centum of the said fee and pay to the person who cap-
tured or seized the impounded cattle fifty per centum of the
said fee and shall retain the remaining twenty-five per cen-
tum of the said fee.

(2) In the event of any dispute as to the person entitled
to be paid as in subsection (1) for having captured or seized
the cattle, it shall be lawful for the pound keeper to make
the said payment to the person who handed over the cattle
to him.

11. (I) If any large animal so impounded shall not P~~ ," , f , ; $~a l s
be redeemed within five days, or any small animal shall not
be redeemed within three days, after such impounding, the
same, at the expiration of the said five or three days, as the
case may be, shall be sold by public auction by the pound
keeper or his agent; and the proceeds arising from the sale
thereof, after deducting the poundage fees and expenses
attending the sale, shall be paid by the pound keeper to the
owner of the animal so sold upon written application by the
said owner, and in case no application by or on behalf of
the owner shall be made within twenty-one days after such
sale shall have taken place, the said proceeds shall be paid
into the Treasury.

(2) If upon any sale under subsection (1) the amount
realized after deducting the expenses attending the sale shall
be less than the poundage fees due in respect of the animal
sold, the owner of such animal shall pay to the pound keeper
the difference between the amount so realised and the poun-
dage fees; and if he shall fail to do so such difference may
be recovered by the pound keeper summarily before a
Magistrate, and for the purpose of court fees upon any such

LAWS OF ANTIGUA AND BARBUDA

CAP. 77) Cattle Trespass

proceedings shall be deemed to be a debt due to the Govern-
ment and the pound keeper shall be deemed to be a public
officer.

(3) If any impounded animal is offered for sale and no
offer is made for it, or the offer made is, in the opinion of
the pound keeper, trifling or insufficient to defray the fees
and expenses attending the sale under this Act, or if the
animal is in such a state or condition that it is unfit to be
sold with a view of being worked, it shall be lawful for the
pound keeper, in his discretion, to have such animal shot
or otherwise destroyed and the carcase buried or otherwise
disposed of. In such case the costs, charges and expenses
attending such shooting, destruction, burial or disposition
may be added to the poundage fees due in respect of such
animal and the total received from the owner thereof by the
pound keeper in the manner provided by subsection (2)

(4) If an impounded animal is dealt with under the pro-
visions of subsection (3) and the owner is not known or can-
not be found, the reasonable costs, charges and expenses
attending the shooting, destruction, burial or disposition of
such animal shall be paid to the pound keeper by the
Accountant-General.

Penalty for not
providing food

12. If any pound keeper shall fail to provide suffi-
and water or cient food and water for any animal impounded, or shall
giving notice. fail to give notice, if notice be practicable, of such impoun-

ding, he shall be guilty of an offence and liable on summary
conviction to a fine of one hundred dollars.

Cattle trespassing 13. (1) It shall be lawful for the proprietor, possessor,
may be
impounded on or person in charge of any estate or other land, or any
private property. authorised person to cause any cattle found trespassing on

the same to be there impounded.

(2) Notice in writing shall then be given by the person
so impounding to the owner of such cattle or his attorney
or agent, if known, of such impounding.

(3) On payment by the owner of the cattle impounded
of the poundage fees specified in section 8, the cattle shall
be delivered up to him or his agent.

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Cattle Trespass (CAP. 77

(4) If no payment is made as aforesaid within forty-
eight hours of a notice given under subsection (2) it shall
be lawful for the person impounding to give notice at the
nearest police station of the said impounding, to insert an
advertisement of the fact of the impounding in a newspaper
published in Antigua and Barbuda or by broadcast and
offering the cattle so impounded for sale and giving par-
ticulars of the date, time and place of such sale and, where,
the person impounding knows the name and address of the
person who is the owner or person in charge of the animal
impounded, he shall at the same time inform such person
of the fact of the impounding and the date, time and place
of the intended sale.

(5) Copies of the said notice to the police shall be posted
up in a conspicuous place in every Police Station.

(6) Forty-eight hours after-

(a) the sending of such notice to the police; and

( b ) the publication of such advertisement in the
newspaper or by broadcast,

it shall be lawful for the person so impounding to sell by
auction the cattle so impounded. The said auction shall be
conducted by a police officer of the police station to which
the notice of impounding has been given under subsec-
tion (4), which police officer shall be duly assigned for that
purpose by the senior police officer in charge of such station.

(7) From the proceeds of such sale the person so im-
pounding shall pay to the police officer holding the auction
a fee of two and one-half per centum of the sale or five dollars
whichever is the greater, and retain for himself the poun-
dage fees as above, together with the cost of the said adver-
tisement, and then pay the balance to the owner of the cattle
sold.

(8) If the owner shall not be ascertained within seven
days from the day of such sale, then the balance aforesaid
shall be paid into the Treasury.

(9) If the person so impounding shall fail to provide
sufficient food and water for any cattle so impounded, or

LAWS OF ANTIGUA AND BARBUDA

CAP. 77) Cattle Trespass

shall fail to give notice to the police and insert an advertise-
ment, as before provided, he shall be guilty of an offence
and liable on summary conviction to a fine of one hundred
dollars.

Illegal
impounding or

14. Any person who shall illegally impound, or il-
capture. legally capture for the purpose of impounding, any cattle,

shall be guilty of an offence and liable on summary convic-
tion to a fine of two hundred dollars and it shall be lawful
for the Magistrate to order and direct the release of any
animal so impounded upon payment by the owner thereof
to the pound keeper of any expense which shall have been
incurred by him.

Rescuing animals
impounded.

15. Any person who rescues or releases, or attempts
to rescue or release any animal while in or being taken to
any pound, or which has been lawfully captured for the pur-
pose of being impounded, or breaks or damages any pound,
or does, or aids or abets the doing of any act whereby any
animal impounded may escape or be unlawfully liberated,
shall be guilty of an offence and liable on summary convic-
tion to a fine of one hundred dollars and to imprisonment
for three months.

Cattle improperly
on highway. 16. Any cattle found tethered, wandering, straying,

or lying in any public place, square, quay, wharf, or highway
without lawful authority may be seized and sent or taken
to a public pound by any person finding the same.

Cattle straying in 17. (1) Any person who is the owner of cattle found
public places.

tethered, wandering, straying or lying in any public place,
square, quay, wharf or highway without lawful authority shall
be guilty of an offence and liable on summary conviction
to a fine of one hundred dollars in respect of each animal
so found.

(2) It shall be lawful for any police officer or any other
person authorised in writing by the Minister to cause any
cattle which shall be found trespassing as specified in subsec-
tion (1) hereof to be captured and sent to a public pound
and the provisions of section 6 shall mutatis mutandis apply
to such impounding.

LAWS OF ANTIGUA AND BARBUDA

Cattle Trespass (CAP. 77 9

18. The Minister may, by Notice published in the +;:;i.~:;f
Gazette and after consultation with the Commissioner of off;cer.
Police, appoint one or more persons who have been trained
in the use of firearms to be cattle disposal officers.

19. In addition to the other powers conferred under Powers of cattle
disposal officer. this Act it shall be lawful for a cattle disposal officer to shoot

any cattle found wandering, straying or lying in any public
place, square, quay, wharf or highway without lawful
authority.

20. (1) When any cattle have been shot under the Z,"p,";l
provision of section 19 the cattle disposal officer shall for-
thwith notify the Chief Veterinary Officer of such shooting
and shall also, where the cattle shot are identified as the par-
ticular property of any person, give notice to the owner within
six hours of such identification.

(2) Upon receipt of notice under subsection (1) the Chief
Veterinary Officer shall make arrangements for removal of
the carcase to a suitable place to await its being claimed by
the owner and, if within twelve hours after such removal
the identified carcase has not been claimed or forthwith if
it is not identified, the same shall be considered as abandoned
and shall be deemed the property of the Government and
shall be disposed of as the Chief Veterinary Officer shall think
fit.

21. A cattle disposal officer shall not be accountable Immunity from
action.

to the owner of any cattle shot under the provisions of sec-
tion 19 and shall not be liable to be sued by such owner
in respect of such shooting.

22. Where any damage whether direct or indirect is Ei;y:!t; Zlic
caused to any person or thing as a result of any cattle wander- places.
ing, straying or lying in any public place, square, quay, wharf
or highway, notwithstanding the provisions of any other law,
the owner or person in charge of such cattle shall be liable
for such damage unless he can prove, the onus of which proof
is upon him-

(a) that he neither-

(i) knew nor suspected, nor

LAWS OF ANTIGUA AND BARBUDA

10 C A P . 77) Cattle Trespass

(ii) had reason to know or suspect that such
cattle had wandered, strayed, or were
lying in any public place, square, quay,
wharf or highway;

( b ) that he had taken all reasonable precautions to
prevent such cattle from wandering, straying or lying
in any public place, square, quay, wharf or highway.

Cattle and
feathered stock

23. It shall be lawful for any proprietor, possessor,
trespassing may or other person in charge of any estate or other land, or any
be destroyed. authorised person to shoot any cattle or feathered stock which

shall be found trespassing updn any such estate or other land;
and if upon such shooting the cattle or feathered stock shot
shall be identified as particular property, notice of such
shooting shall be given by the proprietor, or possessor of
land, or his agent, to the owner of the cattle or stock, within
twelve hours of such identification; and if such proprietor,
possessor or agent fails to give such notice he shall be guilty
of an offence and liable on summary conviction to a fine
of one hundred dollars; and if the owner of such animal or
stock shall not remove the same within twelve hours after
the receipt of such notice, or if the property cannot be iden-
tified, the same shall be considered as abandoned and be
deemed the property of the party aggrieved.

Act not to affect
rights of action. 24. The remedies given by this Act in respect of

animals trespassing shall be in addition to, and not in deroga-
tion of, any remedy by action or suit to which any person
may be entitled in respect of any such trespass.
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