Pinfolds Act 1963

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1963/1963-0012/PinfoldsAct1963_1.pdf
Published: 2012-09-01

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Pinfolds Act 1963

c i e
AT 12 of 1963

PINFOLDS ACT 1963

Pinfolds Act 1963 Index


c AT 12 of 1963 Page 3

c i e
PINFOLDS ACT 1963

Index Section Page

1 [Repealed] ........................................................................................................................ 5
2 Department to establish and maintain Government Pinfolds ................................. 5
3 Impoundment of animals found wandering on highways, etc ................................ 6
4 Impoundment of animals found trespassing on lands.............................................. 7
5 Department to inform owner, where known, of impoundment .............................. 7
6 Recovery by owner of an impounded or detained animal ....................................... 7
7 Unclaimed impounded animals may be sold ............................................................. 8
7A Public documents........................................................................................................... 8
8 Damages ........................................................................................................................... 8
9 Unauthorised removal of impounded or detained animal ....................................... 9
10 [Repealed] ........................................................................................................................ 9
11 [Repealed] ........................................................................................................................ 9
12 Interpretation ................................................................................................................... 9
13 Citation ........................................................................................................................... 10
14 Commencement ............................................................................................................ 10
FIRST SCHEDULE 11

SCALE OF FEES PAYABLE FOR THE RECOVERY OF AN IMPOUNDED OR
DETAINED ANIMAL 11
SECOND SCHEDULE 11

ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Pinfolds Act 1963 Section 1


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c i e
PINFOLDS ACT 1963

Received Royal Assent: 29 July 1963
Passed: 15 October 1963
Commenced: 15 October 1963
AN ACT
to abolish the parish pinfolds and to provide for the impoundment of
animals in Government pinfolds maintained by the Isle of Man Board of
Agriculture and Fisheries, and for matters associated therewith.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 [Repealed]

(1) [Repealed]1

(2) [Repealed]2

2 Department to establish and maintain Government Pinfolds

(1) The Department of Environment, Food and Agriculture (in this Act
referred to as ‘the Department’
) shall from time to time arrange —
(a) for the establishment and maintenance, in each of the four Petty
Sessions districts, of a convenient and suitable place or places for
the impoundment of animals, such places to be called
Government Pinfolds and to be used in substitution for the parish
pinfolds; and
(b) for the safe keeping and maintenance of animals which may be
impounded in any Government Pinfold.3

(2) In carrying out its duties under this section the Department shall not
acquire any land or buildings, nor especially employ any persons, but
shall, so far as may be possible, enter into agreements with owners or
occupiers of premises for the use, under licence, as the necessity may
arise, of those premises, or some parts thereof, as Government Pinfolds
and similarly for the part-time services of persons as keepers thereof:
Section 3 Pinfolds Act 1963


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Provided that in the event of the Department being unable to enter into suitable
agreements for such purposes the Department may acquire or lease premises
and especially employ a person or persons, subject in every such case to the
approval of the Treasury to the amount of the consideration money, or rent or
wages, as the case may be.4

3 Impoundment of animals found wandering on highways, etc

(1) If any animal be turned loose or be found trespassing in any highway, or
in any unenclosed ground thereto adjoining, or be depasturing or
wandering therein, any authorised person may seize and remove the
animal or cause the same to be seized and removed, to a Government
Pinfold:
Provided —
(a) that this section shall not apply to an animal which is turned loose
on unenclosed land by the occupier of that land or which, having
been so turned loose, is found in any highway adjoining such
land;
(b) that if for any reason it is not practicable for such animal to be
forthwith removed to a Government Pinfold the authorised
person may detain the animal, or cause the same to be detained,
in any convenient unoccupied grass field or other suitable
enclosure for such period, not exceeding twenty-four hours, as
may be necessary for the removal of the animal to a Government
Pinfold.
(2) The person who seizes or who causes the seizure of an animal under this
section shall —
(a) as soon as possible after the animal has been impounded notify
the Department of such impoundment and of the expenses, if any,
attendant thereon;5

(b) if the animal has been detained, as soon as possible thereafter
notify the occupier of the field or other enclosure concerned, and
the Department;6

and, giving any such notification, shall state the name and address of the
owner of the animal if he is aware of it.
(3) Any person who fails to give any of the notifications required by the last
foregoing subsection shall be liable on summary conviction to a penalty
not exceeding £200 for every such failure.
(4) In this section, the expression —
‘authorised person’ means a constable or the occupier of any lands abutting
upon the highway or ground where the animal is found;
‘highway’ includes a private road;
Pinfolds Act 1963 Section 4


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‘unenclosed land’ means land which was, on the first day of January, 1962,
without any fence, whether or not the same was stockproof, lying
between such land and the highway.
4 Impoundment of animals found trespassing on lands

(1) If any animal shall be found trespassing on any land and is not then
under the control of any person, the occupier thereof may seize and
remove the animal, or cause the same to be seized and removed, to a
Government Pinfold.7

(2) The person who impounds an animal, or causes the same to be
impounded, under this section shall forthwith notify the Department of
such impoundment and of the expenses, if any, attendant thereon and, if
he is aware of it, of the name and address of the owner of the animal.8

(3) Any person who fails to give any of the notifications required by the last
foregoing subsection shall be liable on summary conviction to a penalty
not exceeding £200 for every such failure.
5 Department to inform owner, where known, of impoundment

As soon as the Department are aware of the name and address of the owner of
an animal which has been impounded they shall cause such owner to be
notified accordingly.9

6 Recovery by owner of an impounded or detained animal

(1) Subject to the provisions of section seven of this Act the owner of an
impounded or detained animal, or a person authorised in writing by
such owner, may recover such animal from the person having charge of
the pinfold, or from the occupier of the place of detention, as the case
may be, at any time between the hours of nine o’clock in the forenoon
and six o’clock in the afternoon, upon payment to such keeper or
occupier of the fee or fees applicable to such animal as set out in the First
Schedule to this Act and of any expenses which may have been incurred
by the removal of the animal to the Government Pinfold:
Provided that where the recovery is sought of more than one animal in
the same ownership the owner shall not be required to pay fees which
exceed in total such sum as the Department may by order prescribe for
the recovery of all such animals in respect of any one day of their
impoundment or detention.10

(2) The keeper of a Government Pinfold shall account to the Department for
all fees and expenses received by him under this section, and where any
part thereof is a fee in respect of the detention of an animal, or expenses
of removal incurred by the occupier of the place of detention, the
Section 7 Pinfolds Act 1963


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Department shall cause such fee or expenses to be paid to such
occupier.11

7 Unclaimed impounded animals may be sold

(1) Where an animal has been impounded for a term of three days after the
owner of that animal has been notified of its impoundment or, in any
case where the Department has been unable to give such notification, for
a term of ten days, the Department may cause such animal to be put up
for sale by public auction.12

(2) The net price obtained for any such animal shall be paid to the
Department and, after deduction therefrom of the fee or fees due in
respect of the animal as set out in the First Schedule to this Act, and if
any expenses which may have been incurred by the removal of the
animal to the Government Pinfold, the Department shall pay the balance
(if any) of such price to the owner of the animal if he be known, but if he
is not known to the Department such balance shall be paid to the
Treasury.13

(3) Where any fee or expenses which have been deducted by the
Department from the net price under the last foregoing subsection is a
fee due in respect of the detention of the animal, or expenses of removal
incurred by the occupier of the place of detention, the Department shall
pay such fee or expenses to such occupier.14

(4) Where the owner of an animal sold under this section is not paid by the
Department the balance of the net price obtained for such animal he shall
not be entitled to recover such balance unless he make application
therefor to the Treasury within six months of the date of the sale at which
the animal was sold.15

(5) If no bid is made for an animal which has been put up for sale by public
auction under this section such animal shall become the property of the
Department and any claim thereto of the former owner thereof shall be
extinguished.16

7A Public documents

(1) The Department may by order amend the fees specified in the Schedule.
(2) An order under section 6(1) or this section shall not come into operation
unless it is approved by Tynwald.17

8 Damages

References in this Act to expenses which may have been incurred by the
removal of an animal to the Government Pinfold, do not include any claim for
Pinfolds Act 1963 Section 9


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damages or expenses which a person impounding an animal may have under
the Animals Act 1981.18

9 Unauthorised removal of impounded or detained animal

(1) If any person shall remove or release any impounded or detained animal
from a Government Pinfold or place of detention, except in accordance
with the foregoing provisions of this Act, or at the directions of or with
the consent of the Department, he shall be liable on summary conviction
to a penalty not exceeding £1,000 for every such offence.19

(2) Where any impounded or detained animal has been illegally removed or
released from a Government Pinfold or place of detention, the owner of
that animal may (without prejudice to any proceedings against him
under subsection (1) of this section) be proceeded against in a court of
summary jurisdiction by summons for the fee or fees and any expenses
which he would have been liable to pay if he had recovered the animal in
accordance with the provisions of section six of this Act on the day
following the removal or release, and the Court may make an order
against him for the payment of the said sums (unless he proves that the
animal has not in fact been recovered), which sums shall be recoverable
by the same manner as any penal or other sum adjudged to be paid by
the justices.
10 [Repealed]
20

11 [Repealed]
21

12 Interpretation

In this Act the following words shall have the meanings hereinafter respectively
assigned to them, that is to say —
“animal
” shall include horses, cattle, sheep and swine, and any mule, ass, goat
or poultry;
“cattle
” shall include any bull, cow, ox, heifer, steer or calf;
“detained
” in relation to any animal shall mean detained under and in
accordance with the proviso to subsection (1) of section three of this Act,
and “detention
” shall be construed accordingly;
“horses
” shall include any horse, mare, gelding, colt, filly or foal;
“impounded
” in relation to any animal shall mean impounded in a
Government Pinfold under and in accordance with the provisions of
sections three or four of this Act;
“sheep
” shall include any tup, sheep, wether or lamb;
“swine
” shall include any boar, pig, hog or sow.
Section 13 Pinfolds Act 1963


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13 Citation

This Act may be cited as the Pinfolds Act, 1963.
14 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Pinfolds Act 1963 First Schedule



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FIRST SCHEDULE

SCALE OF FEES PAYABLE FOR THE RECOVERY OF AN

IMPOUNDED OR DETAINED ANIMAL

Section 6 22

Nature of Animal Fee payable for each day or part of a day for which animal is
impounded or detained
Horses, cattle, mules and asses £ 10.00.
Sheep, swine and goats £ 5.00.

SECOND SCHEDULE
23

Pinfolds Act 1963 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) repealed by GC190/86. 2
Subs (2) repealed by SD485/94. 3
Subs (1) amended by Sd155/10 Sch 3. 4
Subs (2) amended by Treasury Act 1985 Sch 2 and by GC121/86. 5
Para (a) amended by GC121/86. 6
Para (b) amended by GC121/86. 7
Subs (1) amended by Animals Act 1981 Sch 1. 8
Subs (2) amended by GC121/86. 9
S 5 amended by GC121/86. 10
Subs (1) amended by SD387/94 and by Agriculture (Miscellaneous Provisions) Act
2000 s 3. 11
Subs (2) amended by GC121/86. 12
Subs (1) amended by GC121/86. 13
Subs (2) amended by Treasury Act 1985 Sch 2 and by GC121/86. 14
Subs (3) amended by GC121/86. 15
Subs (4) amended by Treasury Act 1985 Sch 2 and by GC121/86. 16
Subs (5) amended by GC121/86. 17
S 7A inserted by Agriculture (Miscellaneous Provisions) Act 2000 s 3. 18
S 8 substituted by Animals Act 1981 Sch 1. 19
Subs (1) amended by GC121/86. 20
S 10 repealed by Cruelty to Animals Act 1997 Sch 7. 21
S 11 repealed by Statute Law Revision Act 1983 Sch 2. 22
Sch 1 amended by SD387/94.
Endnotes Pinfolds Act 1963


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23
Sch 2 repealed by Statute Law Revision Act 1983 Sch 2.