CHAPTER 253
PUBLIC POUNDS AND TRESPASS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT AND CONTROL OF POUNDS

   3.   Establishment of pounds

   4.   Management and control of pounds

   5.   Appointment of pound-masters

   6.   Duties of pound-masters

   7.   Receipts to be given for animals impounded

   8.   Separate enclosures of pound

   9.   Segregation of infected sheep and goats

   10.   Care of animals impounded

   11.   Use of animals impounded an offence

   12.   Death of animals impounded

   13.   Destruction of impounded animals when diseased, etc.

   14.   Disease occurring in a pound

   15.   Records of disease

   16.   Impounding of animals when more than one pound situate in same District

   17.   Notice to owners of impounded animals

   18.   Duties of pound-master when impounded animals are branded

   19.   Brand Directory and scale of fees, etc., to be exhibited

   20.   Pound book and details to be entered therein

   21.   Pound book to be open for inspection

   22.   Copies of entries to be forwarded to District Secretary

   23.   Offences by pound-master

   24.   Penalties for making false entries, etc.

   25.   Pound book to be available for inspection at sales

PART III
TRESPASS

   26.   Trespass on private property

   27.   Destruction of dogs, pigs, poultry or pigeons found committing damage

   28.   Tender by owner of amount of damage

   29.   Wrongful use or conversion of animals trespassing, etc.

   30.   Food and water to be supplied to animals confined

   31.   Duties of landowners in connection with stray animals

   32.   Rescue of animals

   33.   Payment of mileage in respect of animals impounded

   34.   Payment of trespass money in respect of cultivated land

   35.   Payment of trespass money in respect of uncultivated land

   36.   Double damages for repeated trespass

   37.   Release of animals impounded

   38.   Assessment of damages if otherwise inadequate

   39.   Award by assessors

   40.   Copy of award to complainant

   41.   Trespass by infected sheep or goats

   42.   Infection of one animal to be deemed infection of whole flock

   43.   Claim for damages in respect of infected sheep or goats

   44.   Reference of question as to infection to assessors

   45.   Trespass by stallions, etc.

   46.   Saving as to young stallions, etc.

   47.   Reference to assessors

   48.   Castration of impounded stallion

   49.   Payment of fee for castration

   50.   Postponement of castration

   51.   Release of stallion without castration

   52.   Trespass on outspans and State Land

   53.   Impounding of animals so trespassing

   54.   Trespass at dams or tanks

   55.   Increased penalties for continued trespass as in section 54

PART IV
POUND FEES

   56.   Fees receivable by pound-master

   57.   Sustenance fees

   58.   Fees for animals separately herded

   59.   Fees to be a charge on the animals

   60.   Fee for attending sale

   61.   Additional fee for unbranded horses and cattle

   62.   Alteration of fees

   63.   Validation of alteration of fees

   64.   Altered fees to be gazetted

   65.   Copies to be furnished to pound-masters

   66.   Sale of impounded stock

   67.   Notice of sale to be published in newspaper

   68.   Posting of notice

   69.   Arrangements for sales

   70.   Pound-master to act as auctioneer

   71.   Animals to be impounded for at least three weeks before sale

   72.   Manner of conducting sale

   73.   Cash sale only and disposal of proceeds

   74.   Consequences of illegal impounding

   75.   Rates at which fees payable when more than one pound is concerned

PART V
GENERAL

   76.   Penalty for molesting or scattering animals

   77.   Saving as to other remedies for trespass

   78.   Penalties

   79.   Impounding of animals alleged to have been stolen, etc.

   80.   Application of Act

   81.   Saving of rights of owner not within a declared area

   82.   Other offences by pound-masters and others

   83.   Regulations in respect of other portions of Zambia not within a declared area

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

      SIXTH SCHEDULE

AN ACT

to provide for the establishment, management and control of public pounds; to provide for the assessment of damages and trespass money in respect of animals found trespassing; to prescribe pound fees; and to provide for matters incidental to or connected with the foregoing.

[28th April, 1920]

Act 2 of 1920,

Act 36 of 1933,

Act 47 of 1963,

Act 57 of 1964,

Act 13 of 1994,

GN 319 of 1964,

GN 497 of 1964,

SI 29 of 1964.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Public Pounds and Trespass Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“animal” includes cattle, horses, sheep, goats and pigs;

“cattle” means any bull, cow, ox, steer, heifer or calf;

“declared area” means any portion of Zambia to which the provisions of this Act have been declared to apply;

“flock” means any number of sheep or goats, more than one, which are in one lot, or under the charge of one person;

“goat” means any ram, ewe, wether or kid;

“horse” means any horse, mare, gelding, colt, filly, ass or mule;

“owner”, in relation to land, includes a lessee or occupier and, in relation to any animal, an agent or caretaker;

“pound” means a pound established under the provisions of this Act;

“pound assessor” means any person appointed by a District Secretary as a pound assessor for his District;

“sheep” means any ram, ewe, wether or lamb;

“stallion” means any male horse, ass or mule not castrated;

“sufficient fence”, when applied to wire fences, means a fence of so many wires and of such construction as the District Secretary shall from time to time decide; in other cases, a wall fence or barrier at least one hundred and thirty-seven centimetres high and through which no animal could pass without breaking the same.

[S 2 am by SI 29 of 1964.]

PART II
ESTABLISHMENT AND CONTROL OF POUNDS

3.   Establishment of pounds

The Minister may, by statutory notice, establish a pound at any place within a declared area and may similarly abolish any pound so established.

[S 3 am by GN 319 of 1964.]

4.   Management and control of pounds

The management and control of every pound shall be vested in the District Secretary of the District in which such pound is situated.

5.   Appointment of pound-masters

The District Secretary may appoint—

      (a)   a pound-master of any pound in his District subject to the terms of the contract entered into between the District Secretary and such pound-master:

Provided that—

      (i)   no person shall at the same time be pound-master of more than one pound; and

      (ii)   no person shall be appointed or continue as pound-master who is a licensed dealer in intoxicating liquor;

      (b)   as many pound assessors as may be requisite;

and such District Secretary may dismiss any such pound-master or pound assesor.

6.   Duties of pound-masters

   (1) It shall be the duty of every pound-master to receive into his charge all animals tendered at his pound between sunrise and sunset by any owner, or by the caretaker for any owner, or by any person authorised in writing thereto by such owner or caretaker, in order to be impounded, as having been found trespassing upon the land of such owner.

   (2) Any pound-master who refuses or neglects to receive animals tendered as aforesaid shall be liable on each occasion to the penalty prescribed by section 78, and shall in addition be liable for any damage caused to the owner of the said animals, or to any other person by reason of such refusal or neglect.

   (3) In case any horses or cattle suffering from any contagious disease shall be sent to the pound, such horses or cattle shall be kept separate from all other impounded stock, and the pound-master may, subject to the provisions of section 13, cause the same to be destroyed.

7.   Receipts to be given for animals impounded

The pound-master, or someone acting on his behalf, shall give to the person delivering animals into his charge a written receipt, setting forth the number and description of the animals so delivered, and specifying the trespass for which the said animals are reported to be impounded.

8.   Separate enclosures of pound

Every pound-master shall maintain in good repair, and as far as possible free from all infection, not less than three separate and sufficient enclosures, that is to say, one for horses, one for cattle, and one for sheep, goats and pigs:

Provided that the District Secretary may, in regard to any pound in his District, give permission to the pound-master to maintain in manner aforesaid a lesser number of such enclosures.

9.   Segregation of infected sheep and goats

   (1) Every pound-master shall, with regard to sheep or goats which are infected with scab when received at his pound, or which become infected during their detention, keep such sheep or goats entirely separate, at all times, from other impounded animals not so infected, and shall dip or dress, with one of the recognised dips, every such infected sheep or goat as often as may be reasonably necessary.

   (2) The owner of every such infected sheep or goat shall be bound to pay to the pound-master, in respect of such dipping or dressing, such sum as may be due under a tariff framed for that purpose by the District Secretary.

10.   Care of animals impounded

   (1) Every pound-master shall take proper care of any animal impounded, and shall be responsible to the owner of any such animal for any damage or injury sustained by reason of any neglect or default on the part of himself or any person acting for him or on his behalf.

   (2) In case any animal received into a pound shall prove to be dangerously vicious, the pound-master shall apply to the District Secretary, who shall make such order thereon as he shall deem fit, and may order its destruction.

11.   Use of animals impounded an offence

Any pound-master who shall ride or otherwise work or use any impounded animal shall be liable for every such offence to the penalty prescribed by section 78.

12.   Death of animals impounded

In case of the death or injury of any impounded animal, the pound-master shall enter in his pound book a description of such animal, and the cause of its death or injury; and the absence of any such entry, or its falsity in any material respect, shall be held to be prima facie proof of the fact that the death or injury in question was due to the default of the pound-master.

13.   Destruction of impounded animals when diseased, etc.

A. Any pound-master may destroy, subject to the exceptions hereinafter stated, any impounded animal suffering from a contagious disease, or likely to prove dangerous to human life, or destructive to other animals impounded:

Provided that—

      (i)   the pound-master shall completely and effectually isolate any diseased animal away from any road;

      (ii)   no such animal shall be destroyed until a Government Veterinary Officer or a pound assessor or two disinterested landowners shall have examined it, and shall agree with the pound-master as to the necessity for its destruction;

      (iii)   the pound-master shall summon the owner of such animal, if known, to attend the examination aforesaid, which summons may be by letter duly sent through the post;

      (iv)   if the owner of the animal objects to its destruction, the pound-master may release it. If such owner shall give an undertaking to destroy the animal the pound-master shall release at the same time all other animals belonging to him which may have been impounded on the same occasion as the animal proposed to be destroyed;

      (v)   —

         A.   every pound assessor or landowner attending for the purpose of the inspection aforesaid, shall be paid by the pound-master the sum of seventy-five ngwee, together with railway fare, or if and so far as no railway shall be available, horse-hire at eight ngwee per mile or bicycle hire at five ngwee per mile;

         B.   the amount so paid may be recovered by the pound-master from the owner of the animal if it be destroyed;

         C.   if the animal be not destroyed or if the owner be unknown, or if it be impossible to recover from the owner the whole or any part of such amount, then the said amount, or the portion of it unrecovered, as the case may be, shall be paid to the pound-master by the Government;

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