Chapter 009:03 - Cattle Stealing Prevention

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/467-chapter-903-cattle-stealing-prevention/file

L.R.O. 1/2012
LAWS OF GUYANA
CATTLE STEALING PREVENTION ACT
CHAPTER 9:03
Act
3 of 1887
Amended by
25 of 1905 10 of 1997
5 of 1907 12 of 1998
39 of 1950
31 of 1961
18 of 1971
4 of 1972
14 of 1988
24 of 1990


1 – 16 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 9:03
CATTLE STEALING PREVENTION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Revision of existing brands.
3. Preparation of register of brands.
4. Renewal of registration of brands.
5. Notification of death of brand-holder.
6. Periodical revision of register of brands.
7. Interpretation of term “cattle”.
8. Compulsory branding of certain animals.
9. Mode of branding.
10. Notice to be given of brand before use thereof.
11. Offences.
12. Branding cattle with intent to defraud, a misdemeanour.
13. Notice to brand-holder of animals bearing his brand in certain cases.
14. (1) Skins of slaughtered cattle.
(3) Entry of police on premises where cattle slaughtered.
15. Offence to be in possession of meat or hide for which reason- able
account cannot be given.
16. Record of animals agisted.
17. Report of animals transported, driven or led along public roads.
18. Trespassing on cattle farms or pastures.
19. Permit to swim cattle crossing rivers, creeks, or canals.
20. Power to stop person driving or conveying cattle on highway.
21. Evidence of certified extract from register of brands.
22. Procedure.
23. Declaration of emergency area.
24. Regulations.
SCHEDULE-Forms.
__________________________

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1929 Ed.
c. 94
1953 Ed.
c. 81 _______________________________________________________
3 of 1877 An Act for the Prevention of Cattle Stealing.
[10TH NOVEMBER, 1887]

Short title.

Revision of
existing brands.
1. This Act may be cited as the Cattle Stealing
Prevention Act.
2. (1) The Commissioner of Police (hereinafter
referred to as “the Commissioner”) shall cause to be
published in the Gazette for twelve consecutive Saturdays, a
notice requiring all persons who claim to be entitled to the use
of a brand to give him notice in writing of the claim, and
stating that after the expiration of six months from the date of
the notice no one shall be allowed to continue the use of any
brand of which he has not been so informed, and shall cause
copies of the notice to be posted at all police stations and
magistrates’ courts.
(2) Every notice shall give the address of the
claimant, and if the Commissioner after receiving the notice is
not satisfied that the person sending it is entitled to use the
brand claimed, or if he considers that the use of the brand or
mark specified in the notice would be inconvenient or cruel or
likely to give rise to error or mistake, he shall cause to be
served on that person at the address mentioned in the notice,
an intimation under his hand that the brand is not to be used,
and thereupon that person shall be bound to select for use
some other brand and to give notice thereof as required by
this Act.
(3) If anyone, after the expiration of six months
from the date of the notice, uses any brand of which he has
CHAPTER 9:03
CATTLE STEALING PREVENTION ACT

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Preparation of
register of
brands.
Renewal of
registration of
brands.
[39 of 1950
18 of 1971
4 of 1972
6 of 1997]
not given notice to the Commissioner as hereinbefore
required, or with regard to which the Commissioner has
intimated that it is not to be used by him, notwithstanding
that he may have otherwise complied with the provisions of
this Act, he shall be subject to the like pains and penalties as if
he had used the brand without complying with any of those
provisions.
(4) Section 10(3) shall apply to the notice required
by subsection (1) of this section to be given to the
Commissioner.
3. (1) Forthwith after the expiration of six months
from the date of the notice required to be published by the
last preceding section, the Commissioner shall cause to be
prepared and printed two lists of the brands (to be termed the
“register of brands”) in use in Guyana, of which one shall be
in alphabetical and numerical order of the brands, and the
other in alphabetical order of the names of the persons
entitled to use the brands.
(2) Copies of those lists shall be open to the
inspection of the public at every police station and shall be
amended under the direction of the Commissioner by the
addition of every new brand as soon as the use thereof is
authorised.
4. (1) The Commissioner shall cause a notice to be
published on three consecutive Saturdays in the Gazette, and
on three consecutive Sundays in a daily newspaper
circulating in Guyana, requiring all persons whose names
appear on the register of brands to notify him in writing
within three months of the date of the last publication of such
notice whether they desire their names to remain on the
register, or to be removed therefrom.
(2) Any person who fails to notify the
Commissioner as required by subsection (1) shall be deemed
to have ceased to use a brand, and his name and brand shall
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Notification of
death of brand-
holder.
[18 of 1971
14 of 1988
12 of 1998]
Periodical
revision of
register of
brands.
[18 of 1971
14 of 1988
6 of 1997
12 of 1998]
be removed from the register of brands.
(3) Where any person notifies the Commissioner
that he desires his brand to remain on the register of brands,
the Commissioner may permit such brand to remain thereon,
or may allot to such person such other brand or mark as he
may think fit, and shall register such other brand or mark
accordingly.
(4) A person whose name does not already appear
in the register of brands may apply to the Commissioner to
enter a brand in his name in the register.
(5) The Commissioner may, in his discretion,
refuse to register any brand or mark where he considers that
the use of such brand or mark will be inconvenient or cruel,
or likely to give rise to error or mistake, or likely to cause
unnecessary damage to the hide of the animal.
(6) Any person who brands or marks with any
mark likely to be permanent any cattle shall, unless such
brand or mark has been registered with the Commissioner
under this Act, be liable to a fine of six thousand five hundred
dollars.
5. On the death of anyone whose name is on the
register of brands, his executor, or in case of intestacy his heir,
shall forthwith give notice of the death to the Commissioner,
and anyone failing to comply with this section shall be liable
to a fine of not less than five hundred dollars nor more than
one thousand dollars.
6. The Commissioner may, not oftener than once in
any two years, by notice in writing call upon anyone whose
name is on the register of brands to state in writing whether
he continues to use his brand, and if he neglects for one
month to reply to the notice he shall be liable to a fine of not
less than one thousand dollars nor more than two thousand
dollars and his name may be struck off the register of brands.
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Interpretation
of term “cattle”.
[31 of 1961
14 of 1988]

Compulsory
branding of
certain animals.
[39 of 1950
31 of 1961
18 of 1971
14 of 1988
24 of 1990
10 of 1997
12 of 1998]
Mode of
branding.
[39 of 1950
31 of 1967
18 of 1971
4 of 1972
14 of 1988]
10 of 1997
12 of 1998]

Notice to be
given of brand
7. In the following provisions of this Act, the term
“cattle” includes any horse, mare, gelding, colt, or filly; any
mule, pony or ass, whether male or female; any buffalo, bull,
cow, ox, steer, heifer, or calf; any ram, ewe, sheep, or lamb;
and any goat or kid, whether male or female.
8. The owner of every horse, mare, gelding, colt, filly,
mule, pony, ass, buffalo, bull, cow, ox, steer, heifer and calf
shall cause it to be branded in the manner hereinafter
provided within six months of its birth, or within twenty-
eight days after becoming owner of it, and everyone who
makes default in so doing shall be liable to a fine of not less
than seven thousand five hundred dollars nor more than
fifteen thousand dollars.
9. (1) Subject to this Act—
(a) buffaloes, bulls, cows, oxen, steers,
heifers and calves shall be branded on
the neck, or shoulders or on the lower
parts of the legs; and
(b) horses, mares, geldings, colts, fillies,
mules, ponies and asses shall be
branded on the body.
(2) No animal which has been previously branded
may be so branded or in any way marked as to obliterate,
touch, add to or extend any previous brand, but each brand
shall be separate and distinct.
(3) Anyone branding or marking an animal or
causing it to be branded or marked, in contravention of this
section shall be liable to a fine of not less than fifteen
thousand dollars nor more than thirty thousand dollars and
to imprisonment for two years.
10. (1) No one shall brand any cattle with any brand
or mark them with any mark likely to be permanent until the
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before use
thereof.
[39 of 1950]
Form 1.
Form 2.
expiration of twenty-eight days after he has caused to be
given at some police station a notice under his hand, in Form
1 in the Schedule specifying the brand or mark which he
intends to use for the purpose of marking the cattle belonging
to him, or in his custody, or under his control, and further
specifying on what part of the body of the animal he intends
to place the brand or mark.
(2) The notice shall state the place of residence of
the person giving it.
(3) Anyone who desires to give the notice and is
unable to write shall state verbally to some member of the
police force at a police station who can write the particulars
necessary to enable the member of the police force to fill up
the notice, and the member of the police force shall without
any fee fill up or write the notice and, after reading it over to
the person, shall require him to put his mark thereto, and
shall then date and sign his own name to the notice as a
witness to the mark.
(4) Every member of the police force who receives
the notice shall give a receipt for it in Form 2 in the Schedule
to the person giving it, and shall at once transmit it to the
Commissioner.
(5) If, on receiving the notice, the Commissioner
considers that the use of the brand or mark specified therein
will be inconvenient or cruel, or likely to give rise to error or
mistake, or likely to cause unnecessary damage to the hide of
such animal, he shall cause to be served, at the place of
residence mentioned in the notice, an intimation under his
hand that that brand or mark is not to be used, and thereupon
the person giving the notice shall select for use some other
brand or mark and give notice thereof in the manner
hereinbefore prescribed.

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Offences.
[39 of 1950
18 of 1971
14 of 1988
10 of 1997
12 of 1998]
11. (1) Everyone who—
(a) brands with any brand, or places any
mark likely to be permanent on, any
cattle before twenty-eight days have
elapsed after he has caused to be
given at some police station the notice
hereinbefore required; or
(b) brands or marks in any manner likely
to be permanent any cattle with any
brand or mark other than the brand or
mark specified in the notice given by
him; or
(c) brands or marks with a brand or mark
likely to be permanent any cattle on
any part of the animal other than the
part specified in the notice given by
him; or
(d) uses any brand or mark after an
intimation from the Commissioner
has been served at the place of
residence mentioned in the notice
given by him that that brand or mark
is not to be used,
shall be liable to a fine of not less than twenty thousand
dollars nor more than forty thousand dollars and to
imprisonment for two years.
(2) The proof that the notice hereinbefore required
was duly given and the time when it was given shall be on
the person against whom proceedings are taken under this
section:
Provided that the production of the receipt for the notice
purporting to be signed by any member of the police force
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Branding cattle
with intent to
defraud, a
misdemeanour.
[14 of 1988
6 of 1997
12 of 1998]
Notice to brand-
holder of
animals bearing
his brand on
certain cases.
c. 80:04
Skins of
slaughtered
cattle.
[31 of 1961
18 of 1971
14 of 1988
10 of 1997
12 of 1998]
shall be prima facie evidence that the notice was given at the
time stated in the receipt.
12. Everyone who unlawfully and with intent to
defraud brands with any brand, or places any mark likely to
be permanent on, any cattle, shall be guilty of a
misdemeanour and shall be liable to a fine of not less than ten
thousand dollars nor more than twenty thousand dollars
together with imprisonment for ten years.
13. (1) On payment of an annual or other fee from
time to time prescribed by the Commissioner, anyone entitled
to use a brand may have that brand with his name and
address entered on a list to be kept by the Commissioner, of
which a copy shall be kept at every police station.
(2) Whenever an animal bearing a brand
contained in that list passes any police station, or when any
butcher notifies to the officer in charge of a station under
section 23 of the Miscellaneous Licences Act his intention to
slaughter any such animal, the officer in charge of the station
shall forthwith give notice thereof by the next post to the
person entitled to use the brand, and the notice shall contain a
description of the animal in question:
Provided that it shall not be necessary to send the notice
if a written authority describing the animal and signed by the
person entitled to use the brand with which it is marked is
produced by the person in charge of the animal, stating that
he is lawfully in charge of it.
14. (1) Everyone who slaughters or causes to be
slaughtered in any place other than the Georgetown market
or any other abattoir owned or controlled by a municipal
council, regional democratic council or other local
government authority any buffalo, bull, cow, ox, steer, heifer,
calf, ram, ewe, sheep, lamb, goat, or kid shall be bound to
keep the skin of the animal for forty-eight hours after it has
been slaughtered, and shall during that time be bound to
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Entry of police
on premises
where cattle
slaughtered.

Offence to be in
possession
of meat or hide
for which
reasonable
account cannot
be given.
[18 of 1971
14 of 1988
10 of 1997
12 of 1998]
Record of
animals
agisted.
[4 of 1972
14 of 1988
10 of 1997
12 of 1998]
produce the skin to any member of the police force or
constable requiring to see it.
(2) Everyone who refuses or neglects to produce
the skin of the animal which he has caused to be slaughtered
to any member of the police force or constable requiring to
see it within forty-eight hours after the animal has been
slaughtered, shall be liable to a fine of not less than twenty-
five thousand dollars nor more than fifty thousand dollars
and to imprisonment for ten years.
(3) Every member of the police force and constable
may at any time enter on any premises on which he has cause
to believe that any buffalo, bull, cow, ox, steer, heifer, calf,
ram, ewe, sheep, lamb, goat, or kid is about to be slaughtered
or has been slaughtered, and may examine the animals and
their carcasses and skins found there.
15. Every butcher or any other person who has in his
possession the meat or hide of any cattle for which he cannot
give a reasonable account (the proof whereof shall lie on him)
or who sells or otherwise disposes of or offers for sale or gift
or exchange the meat or hide of any cattle for which he cannot
give a reasonable account (the proof whereof shall lie on him)
shall be liable to a fine of not less than twenty- five thousand
dollars nor more than fifty thousand dollars together with
imprisonment for four years.
16. (1) Everyone who receives for agistment cattle
other than horses, mares, geldings, colts, fillies, or mules, shall
keep or cause to be kept a book in which there shall be
entered the name and address of the owner of any animal
brought to him for agistment and the description of the
animal and its brand, and shall allow any member of the
police force to inspect the book at any reasonable time.
(2) Everyone who fails to keep, or cause to be
kept, a book as hereinbefore provided shall be liable for each
offence to a fine of not less than ten thousand dollars nor
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Report of
animals
transported,
driven or led
along public
roads.
[4 of 1972
14 of 1988]
Trespassing on
cattle farms or
pastures.
[18 of 1971
14 of 1988
10 of 1997
12 of 1998]

Permit to swim
cattle crossing
rivers, creeks,
or canals.
[18 of 1971
14 of 1988
10 of 1997
12 of 1998]
Power to stop
person driving
more than twenty thousand dollars.
(3) Everyone having the custody of the book who
fails to produce it when required by a member of the police
force shall be liable to a fine of not less than ten thousand
dollars nor more than twenty thousand dollars.
17. (1) Everyone transporting, driving or leading
cattle along a public road, or in charge of cattle so
transported, led or driven, shall report himself to the non-
commissioned officer or police constable in charge of each
police station and to the person in charge of any toll house
which he passes and give the information relating to the cattle
required by the officer or constable.
(2) Anyone failing, neglecting, or refusing to
comply with the provisions of this section shall be liable to a
fine of not less than ten thousand dollars nor more than
twenty thousand dollars.
18. Anyone found trespassing on a cattle farm, or any
land where cattle are depastured or kept, shall be deemed to
have trespassed on the land for the purpose of unlawfully
removing cattle therefrom, and shall be liable to a fine of not
less than twenty-five thousand dollars nor more than fifty
thousand dollars and to imprisonment for two years, unless
he satisfies the court that he was on the land for a lawful
purpose.
19. No one without first notifying and obtaining the
permission of the police officer in charge of the nearest police
station may cause or allow any cattle to swim or to be
conveyed across any river, creek, or canal, and anyone
contravening the provisions of this section shall be liable to a
fine of not less than twenty thousand dollars nor more than
forty thousand dollars and to imprisonment for two years.
20. (1) A member of the police force or a rural
constable may require any person driving or conveying any
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or conveying
cattle on
highway.
[18 of 1971
14 of 1988
10 of 1997
12 of 1998]
Evidence of
certified extract
from register of
brands.
Procedure.


Declaration of
emergency area.
[4 of 1972
14 of 1988
12 of 1998]
buffalo, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep,
lamb, goat or kid along any public highway or road, to stop
for the purpose of giving full information of the place
wherefrom and to which the animal is being driven or
conveyed and of the name and residence of the owner
thereof.
(2) Where the person refuses to stop or refuses or
neglects to give the information as aforesaid or where any
information is given by him and the member of the police
force or the rural constable has reasonable cause to believe
that the information is false, the member of the police force or
the rural constable may arrest that person without a warrant
and may detain every animal found in his possession until
such person can be brought before a magistrate.
(3) Where the person refuses to stop or refuses or
neglects to give the information as aforesaid or knowingly
gives false information, he shall be liable to a fine of not less
than twenty-five thousand dollars nor more than fifty
thousand dollars and to imprisonment for two years.
21. Any extract from the register of brands kept under
this Act purporting to be certified under the hand of the
Commissioner or of any superintendent of police, shall
without proof of the signature be received in all courts of
justice as prima facie evidence of the facts stated therein.
22. All penalties incurred under the provisions of this
Act shall be sued for and recovered in the manner provided
by any Act for the time being in force regulating procedure
before magistrates exercising summary jurisdiction, and shall
be subject to the appeal provided by any Act for the time
being in force regulating appeals from magistrates’ decisions.
23. The Minister may, where he is satisfied that the
prevailing circumstances in any area of Guyana requires
additional measures to be taken for the suppression therein of
cattle stealing, by order declare that area to be a cattle stealing
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Regulations.
[4 of 1972
14 of 1988
10 of 1997
12 of 1998]
emergency area and thereupon a magistrate shall during the
continuance of the order, have jurisdiction to hear and
determine any charge of larceny of cattle or receiving stolen
cattle committed within such area, and notwithstanding any
written law to the contrary, may impose on any person guilty
of any such offence a penalty of ten years imprisonment.
24. (1) The Minister may make Regulations for
carrying the purposes and provisions of this Act into effect
and without prejudice to the generality of the foregoing
power, these Regulations may provide for—
(a) the division of Guyana into districts
for any purposes of this Act;
(b) the registration of brands in the
particular districts in which cattle
may be at any given time and the
particulars and information to be
supplied and recorded for such
registration;
(c) the establishment, management and
control of cattle markets and abattoirs;
(d) regulating the mode, manner, place or
other conditions relating to sales,
purchases and other transactions
involving the transfer of ownership of
cattle or of meat;
(e) regulating the mode, manner, place or
other conditions relating to the
slaughter of cattle;
(f) the system to be used and the
procedure to be followed, including
the notices to be given, the
information to be supplied and the
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s. 10
records to be kept in respect of
transactions referred to in paragraphs
(d) and (e);
(g) the fees to be charged in respect of
abattoirs, markets, the slaughter of
animals, and other transactions under
the Act and any charges to be made
for administrative duties undertaken
by the police and other officers in
respect of matters arising under the
Act.
(2) Any regulation may impose liability to a fine
exceeding twenty-five thousand dollars but not exceeding
fifty thousand dollars and imprisonment for a term exceeding
two years but not exceeding four years for any breach thereof.
SCHEDULE
FORM 1
Notice of intention to use brand or mark
NOTICE
To the Police Officer in charge of the police station at ..........
Notice is this .................... day.......................20....., hereby
given to you that the brand or mark with which I intend to
mark all the [here specify the description of cattle intended to be
marked, as horned cattle, horses, sheep, or goats, as the case may be]
belonging to me is the following, that is to say, [here specify
and describe the brand or mark, and the part of the body of the
animal on which it is to be placed] and that my residence is at
…………………………….
(Signed)
A.B.
___________________
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FORM 2
Receipt for Notice
POLICE STATION
I hereby acknowledge to have this.......day of
.............20.............. received from ........... the notice of
which the following is a true copy:—
COPY OF NOTICE
To the Police Officer in charge of the police station at ..................
Notice is this ................ day of .................20.........., hereby
given to you that the brand or mark with which I intend to
mark all the [here specify the description of cattle intended to be
marked, as horned cattle, horses, sheep, or goats, as the case may be]
belonging to me is the following, that is to say, [here specify
and describe the brand or mark, and the part of the body of the
animal on which it is to be placed] and that my residence is
at…………………………
(Signed)
A.B.
and I give this receipt for the same in terms of section 10 of the
Cattle Stealing Prevention Act.
……………………...................
(Signed)
C.D.
Member of the Police Force.
_________________
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