(6) the day and hour on and at which they were so brought, (c) the name and residence of the seizer, and, IX. The pound-keeper shall take charge of, feed and water the cattle until they are disposed of as hereinafter directed. To take charge of and feed cattle. CHAPTER III. IMPQUNDING CATTLE. Cattle damaging land X. The cultivator or occupier of any land, or any person who has advanced cash for the cultivation of the crop or produce on any land, or the vendee or mortgagee of such crop or produce, or any part thereof, may seize or cause to be seized any cattle trespassing on such land, and doing damage thereto or to any crop or produce thereon, and take them or cause them to be taken without unnecessary delay to the pound established for the village in which the land is situate. Police to aid seizures. All officers of police shall, when required, aid in prevent ing (a) resistance to such seizures, and (6.) rescues from per sons making such seizures. Cattle damaging XI. Persons in charge of public roads, pleasure-grounds, public roads, canals. and embankmente. plantations, canals, drainage-works, embankments, and the like, and officers of police, may seize, or cause to be seized, any cattle doing damage to such roads, grounds, plantations, canals, drainage-works, embankments, and the like, or the sides or slopes of such roads, canals, drainage-works or embankments, or found straying thereon; and shall take them without unnecessary delay to the nearest pound. Two rupees. XII. For every head of cattle impounded as aforesaid, Fines for cattle im pounded. Elephant Eight annas. mule, bull, bullock, cow or heifer. Four Two Ram, ewe, sheep, lamb, goat or kid... One anna. All fines so levied shall be sent to the magistrate of the district through such officer as the local Government from time to time directs. A list of the fines and of the rates of charge for feeding List of fipes and and watering cattle shall be stuck up in a conspicuous place charges for feeding. on or near to every pound. CHAPTER IV. DELIVERY OR SALE OF CATTLE. . XIII. If the owner of impounded cattle or his agent Procedure when appear and claim the cattle, the pound-keeper shall deliver owner claims the cattle and pays them to himn on payment of the fines and charges incurred fines and charges. in respect of such cattle. The owner or his agent on taking back the cattle, shall sign a receipt for them in the register kept by the poundkeeper, XIV. If the cattle be not claimed within seven days from Procedure if cattle be . not claimed within the date of their being impounded, the pound-keeper shall a week. report the fact to the officer in charge of the nearest police. station, or to such other officer as the magistrate of the district appoints in this behalf. Such officer shall thereupon stick up in a conepicuous part of his office a notice stating (a) the number and description of the cattle, . and shall cause proclamation of the same to be made by beat of drum in the village, and at the market-place nearest to the place of seizure. If the cattle be not claimed within seven days from the date of the notice, they shall be sold by public auction by the said officer, or an officer of his establishment deputed for that purpose, at such place and time, and subject to such conditions as the magistrate of the district by general or special order from time to time directs : Provided that if any such cattle are, in the opinion of the magistrate of the district, not likely to fetch a fair price if sold as aforesaid, they may be disposed of in such manner as he thinks fit. Delivery to owner XV. If the owner or bis agent appear and refuse to pay disputing legality of seizure but mak. the said fines and expenses on the ground that the seizure ing deposit. was illegal, and that the owner is about to make a complaint under Section 20, then, upon deposit of the fines and charges incurred in respect of the cattle, the cattle shall be delivered to him. Procedure when own XVI. If the owner or his agent appear, and refuse or er refuses or omits to pay the fines omit to pay, or (in the case mentioned in Section 15) to aud expenses. deposit the said fines and expenses, the cattle, or as many of them as may be necessary, shall be sold by public auction by such officer, at such place and time, and subject to such conditions as are referred to in Section 14. Deduction of fines The fines leviable and the expenses of feeding and waterand expenses. ing, together with the expenses of sale, if any, shall be de ducted from the proceeds of the sale. Delivery of unsold The remaining cattle and the balance of the purchase cattle avd balance of proceeds. money, if any, shall be delivered to the owner or his agent, (a) the number of cattle seized, (f) the manner in which those proceeds have been disposed of. . The owner or his agent shall give a receipt for the cattle Receipt. delivered to him, and for the balance of the purchase-money (if any) paid to him according to such account. XVII. The officer by whom the sale was made shall send Disposal of fines, exto the magistrate of the district the fines so deducted. penses and surplus proceeds of sale. The charges for feeding and watering deducted under Section 16 shall be paid over to the pound-keeper, who shall also retain and appropriate all sums received by him on account of such charge under Section 13. The surplus unclaimed proceeds of the sale of cattle shall be sent the magistrate of the district, who shall hold them in deposit for three months, and if no claim thereto be preferred and established within that period, shall, at its expiry, dispose of them as hereinafter provided, XVIII. Out of the sums received on account of fines and Application of fides and unclaimed prothe unclaimed proceeds of the sale of cattle, sball be paid ceeds of sale. (a) the salaries allowed to pound-keepers under the orders of the local Government; (b) the expenses incurred for the construction and maintenance of pounds, or for any other purpose oonnected with the execution of this Act; and the surplus (if any) shall be applied, under orders of the local Government, to the construction and repair of roads and bridges, and to other purposes of public utility. XIX. No officer of police, or other officer or pound-keeper Officers and pound keepers not to purs appointed under the provisions herein contained sball, directly or indirectly, purchase any cattle at a sale under this Act. sales under Act. No pound-keeper shall release or deliver any impounded Pound-keepers when not to release imcattle otherwise than in accordance with the former part of pounded cattle. this chapter, unless such release or delivery is ordered by a magistrate or civil court. chase cattle at CHAPTER V. COMPLAINTS OF ILLEGAL SEJZURES. XX. Any person whose cattle have been seized and de- Power to make comtained under this Act may, at any time within ten days from plaints, the date of the seizure, make a complaint to the magistrate com of the district, or any magistrate authorized to receive and 'try charges without reference by the magistrate of the district. Procedure on XXI. The complaint shall be made by the complainant plaint. in person, or, by an agent personally acquainted with the If the magistrate, on examining the complainant or his make an enquiry into the case. Compensation for il XXII. If the seizure be adjudged illegal, the magistrate legal seizure. shall award to the complainant, for the loss caused by the red by the complainant in procuring the release of the cattle; Release of cattle. and if the cattle have not been released, the magistrate shall, besides a warding such compensation, order their release, and direct that the fines and expenses leviable under this Act shall be paid by the person who made the seizure. Recovery of compen XXIII. The compensation, fines and expenses mentioned sation. in Section 22 may be recovered as if they were fines imposed by the magistrate. CHAPTER VI. Penalty for forcibly opposing the sei. zure of cattle or rescuing the same. PENALTLES. XXIV. Whoever forcibly opposes the seizure of cattle liable to be seized under this Act, and whoever rescues the same after seizure, either from a pound, or from any person taking or about to take them to a pound, such person being near at hand and acting under the powers conferred by this Act, shalt, on conviction before a magistrate, be punished with imprisonment for a period not exceeding six months, or with fine not exceeding five hundred rupees, or with both. |