Public Pounds and Trespass Act, 1920
- Commenced on 28 April 1920
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Public Pounds and Trespass Act.
2. InterpretationIn 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.[As amended by S.I. No. 29 of 1964]
Part II – Establishment and control of pounds
3. Establishment of poundsThe Minister may, by statutory notice, establish a pound at any place within a declared area and may similarly abolish any pound so established.[As amended by G.N. No. 319 of 1964]
4. Management and control of poundsThe management and control of every pound shall be vested in the District Secretary of the District in which such pound is situate.
5. Appointment of pound-mastersThe District Secretary may appoint—
6. Duties of poundmasters
7. Receipts to be given for animals impoundedThe poundmaster, 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 poundEvery poundmaster 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 poundmaster to maintain in manner aforesaid a lesser number of such enclosures.
9. Segregation of infected sheep and goats
10. Care of animals impounded
11. Use of animals impounded an offenceAny poundmaster who shall ride or otherwise work or use any impounded animal shall be liable for every such offence to the penalty prescribed by section seventy-eight.
12. Death of animals impoundedIn case of the death or injury of any impounded animal, the poundmaster 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 poundmaster.
13. Destruction of impounded animals when diseased, etc.Any poundmaster 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—
14. Disease occuring in a poundAny poundmaster who shall sell any cattle at a pound wherein any contagious disease has occurred within six months of the date of such sale shall, at the time of sale, first publicly declare at what date the last case of any contagious disease occurred in the pound.
15. Records of diseaseEvery poundmaster shall keep a book for the purpose of entering therein a record of each case of contagious disease, showing the date when any animal was destroyed and stating whether on examination the poundmaster and the witness or witnesses pronounced the animal to be infected, and recording the marks by which such animal was to be distinguished; and such book shall be received in evidence if any question arises concerning the destruction of any animal under the provisions of this Act or compensation in respect thereof.
16. Impounding of animals when more than one pound situate in same District
17. Notice to owners of impounded animalsEvery poundmaster who knows the name of the owner of any animals impounded in his pound shall forthwith send through the post, or otherwise, a written notice addressed to such owner at his place of residence informing him of the fact that the said animals have been impounded.
18. Duties of poundmaster 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 poundmasterEvery poundmaster who shall—
24. Penalties for making false entries, etc.Every poundmaster who shall—
25. Pound book to be available for inspection at salesEvery poundmaster shall take his pound book with him to every sale of animals impounded in his pound, and such book shall be open, at the place of sale, free of charge, to all persons desirous of inspecting it.
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.No person shall—
30. Food and water to be supplied to animals confinedNo person who has seized animals for the purpose of being impounded shall tie them up or cause them to be confined in any stable, kraal or other enclosure without food or water for a longer period than six hours during the day-time.
31. Duties of landowners in connection with stray animals
32. Rescue of animals
33. Payment of mileage in respect of animals impoundedEvery person who delivers any animals to a poundmaster to be impounded shall be entitled to receive from such poundmaster mileage at the rate set forth in the First Schedule:Provided that—
34. Payment of trespass money in respect of cultivated landThe owner of any animal lawfully impounded for trespass upon—
35. Payment of trespass money in respect of uncultivated landThe owner of any animals lawfully impounded for trespass upon any uncultivated ground, or any place not of the description in the last preceding section given, shall be liable to pay trespass money to the owner of the property trespassed upon at the rate set forth in the Third Schedule.
36. Double damages for repeated trespassIn case any property shall be trespassed upon on more than one occasion within the space of fourteen days by animals belonging to the same owner, then the said owner shall be liable in respect of the second trespass to pay twice the amount of trespass money which would have been payable under this Act, had such second trespass not been a repeated trespass.
37. Release of animals impounded
38. Assessment of damages if otherwise inadequateIf any owner shall consider the amount of trespass money claimable under this Act inadequate for the damage done to his property by animals trespassing thereon, he may demand that such damage shall be assessed by the nearest pound assessor, as umpire or referee, and two landowners as arbitrators. In every such case the following provisions shall apply:
39. Award by assessorsEvery award made under the preceding section shall be in writing, and shall be signed by the arbitrators and by the pound assessor or referee, or, in the case of a single landowner being lawfully entitled to make it as referee, by such landowner; and it shall state the amount at which the damage has been assessed, and also whether the complainant or the owner of the animal is liable to pay the charge for the award:Provided that if the pound assessor or referee and landowner shall not agree in their assessment, then the amount agreed upon by any two of them shall be the amount awarded.
40. Copy of award to complainantEvery such award shall be handed to the complainant, who shall send a true copy of such award to the poundmaster of the pound to which the animals have been sent, and thereupon the assessed damages and charges, if allowed, shall become a charge upon the animals impounded.
41. Trespass by infected sheep or goats
42. Infection of one animal to be deemed infection of whole flockFor the purposes of this Act, if any sheep or goat found trespassing is infected with scab as in the last preceding section mentioned, then all sheep or goats in the same flock, and found trespassing at the same time, shall be deemed to be similarly infected, and if any sheep or goat in any flock with which any other flock has become mixed is so infected, then the entire mixed flock shall be deemed to be similarly infected.
43. Claim for damages in respect of infected sheep or goatsIf damages are claimed for the trespass of any sheep or goats alleged to be infected with scab, the pound assessor or referee and the arbitrators shall, before awarding any damages, be satisfied that the trespassing sheep or goats are infected with scab and shall ascertain whether or not the trespassing sheep or goats were found mixed with sheep or goats not trespassing and free from such disease.
44. Reference of question as to infection to assessorsThe owner of any sheep or goats alleged to be infected with scab and with respect to the trepass of which trespass money is claimed under this Act may, upon depositing with the poundmaster the sum of two kwacha and twenty-five ngwee, demand that the question whether the said sheep or goats are so infected be submitted for decision to the award of a pound assessor and two arbitrators; and thereupon the provisions of section thirty-eight shall apply to every such case.
45. Trespass by stallions, etc.The owner of any stallion, bull, sheep-ram or goatram, which shall be found trespassing upon the property of another person, and found to be in company with any mare, cow, heifer or ewe, respectively, belonging to the owner of such property or being thereon with the consent of the owner of such property, shall be liable to pay to him in addition to all other pound fees or charges, a penalty calculated upon the following scale:
46. Saving as to young stallions, etc.The provisions of the last preceding section shall not apply to any stallion under the age of two years, to any bull under the age of one year, and to any sheep-ram or goat-ram under the age of nine months, and the trespass money payable in respect of any stallion, bull, sheep-ram or goat-ram, found trespassing, but not under the circumstances detailed in the last preceding section, shall be the same amount that would have been payable in respect of a similar trespass by a gelding, ox or wether, as the case may be.
47. Reference to assessorsAny person who is entitled to claim damages under section forty-five may require that the amount of damages shall be determined by a pound assessor or referee and two landowners; and in that case the provisions of section thirty-eight, thirty-nine and forty shall apply to such determination and inquiry.
48. Castration of impounded stallionNo stallion above the age of two years which shall hereafter be lawfully impounded shall be released by the owner thereof, or sold out of the pound, without being previously castrated, unless such stallion shall be released under the provisions of section fifty-one.
49. Payment of fee for castration
50. Postponement of castrationNo stallion shall (except as hereinafter is provided) be castrated under the provisions of this Act until it shall have remained impounded for at least three weeks; and any stallion not sooner released by or on behalf of the owner thereof, shall, subject to such regulations as may be in force at the date of such sale, be sold at the first pound sale occurring after the expiration of thirty days from the date of such stallion having been impounded:Provided that if the owner of such stallion shall give his consent, or shall decline to release it under section fifty-one, such stallion may be castrated forthwith, and shall be castrated without unnecessary delay, should the owner thereof desire to release the same under the provisions of this Act.
51. Release of stallion without castrationThe owner of any stallion which may hereafter be impounded shall be entitled to release such stallion without its being castrated, upon payment of pound fees and other charges, and upon giving security to the satisfaction of the District Secretary or pound assessor for the payment of any fine or penalty and costs of suit recoverable under section forty-five:Provided that—
52. Trespass on outspans and State Land
53. Impounding of animals so trespassing
54. Trespass at dams or tanksAny animal not belonging to, or in the possession of a traveller which is found trespassing upon any dam or tank belonging to the Government, and intended for the use of travellers and their cattle only, may be impounded by any of the persons mentioned in section fifty-two, or by any person duly authorised to take charge of such dam or tank; and the person so impounding shall be entitled to the mileage as in the last preceding section provided.
55. Increased penalties for continued trespass as in section 54If animals belonging to the same person shall, on more than one occasion during any period of three months, be impounded under the provisions of section fifty-four, then such person shall, in addition to all other fees and charges, be liable to the penalty prescribed by section seventy-eight.
Part IV – Pound fees
56. Fees receivable by poundmasterEvery poundmaster shall be entitled to demand or retain, as the case may be, in respect of every animal impounded with him under this Act, the fees enumerated in the Fourth Schedule, and no animal shall be considered to be impounded until it shall have been actually placed within the pound kraal.
57. Sustenance feesEvery poundmaster shall be entitled, in addition to the fees in the last preceding section mentioned, to demand or retain, as the case may be, a further fee for every day during which any such animal shall be herded, grazed and fed by him; such fee to be in accordance with the Fifth Schedule.
58. Fees for animals separately herdedEvery stallion above the age of two years, every bull above the age of two years, every sheep-ram, goat-ram or boar above the age of nine months, and every animal which, from contagious disease, dangerous vice, or other reason, shall be unfit to run with the remaining herd, shall be kept and fed separately; and the fees to be received or retained, as the case may be, by the poundmaster for the keeping and feeding of such animal shall be those enumerated in the Sixth Schedule.
59. Fees to be a charge on the animalsThe fees mentioned in the last three preceding sections shall be paid to the poundmaster for his own use by the owner of the animals impounded; and the said fees, together with the mileage paid by the poundmaster, in terms of this Act, shall be a charge upon such animals; and such animals may be detained by the poundmaster in security of the said fees and mileage:Provided that—
60. Fee for attending sale
61. Additional fee for unbranded horses and cattleIn addition to the fees hereinbefore provided, every poundmaster shall receive for every horse or head of cattle impounded in his pound, and bearing no registered brand, an additional fee of five ngwee, which shall be a pound charge on such animal.
62. Alteration of feesThe District Secretary may from time to time alter the tariff of fees and rates fixed in any of the Schedules in respect of all pounds situated in his District.
63. Validation of alteration of feesEvery such alteration or amendment of any of the Schedules, when published as hereinafter provided, shall be of the same legal force as if it had formed part of the original Schedule, and shall be taken to be included in any reference made in this Act to such Schedule.
64. Altered fees to be gazettedNo such altered tariff shall take effect until it has been published in the Gazette and in some newspaper circulating in the District.
65. Copies to be furnished to poundmastersAs soon as the District Secretary shall have framed and published an altered or amended Schedule as hereinbefore provided, each poundmaster in the District shall be furnished by the District Secretary with a copy thereof.
66. Sale of impounded stockWhenever any impounded animals shall not be released within ten days from the date of their impoundment, the poundmaster shall forward to the District Secretary an advertisement setting forth the species, marks, brands and distinguishing peculiarities (if any) of such animals, and, in regard to horses and cattle, their colour also. Such advertisement shall notify that the animals therein mentioned will be sold at the next sale of impounded cattle, and shall set forth the time and place of such sale.
67. Notice of sale to be published in newspaperEvery advertisement or notice of the sale of impounded animals shall be published at least twice in succession in such paper or papers as the District Secretary may direct, and the expense of such publication shall be borne by the Government.
68. Posting of noticeEvery poundmaster, upon sending such advertisement to the District Secretary as aforesaid, shall post a copy of it in some conspicuous place at or near his pound, there to remain until the day of sale, and the District Secretary shall also send a copy by post to every other poundmaster in the District, and every poundmaster receiving such copy of an advertisement as aforesaid shall post the same in a conspicuous place at or near his pound, there to remain until the date of sale therein mentioned.
69. Arrangements for salesThe sale of animals impounded in the several pounds of each District shall take place, as nearly as may be, at intervals of one month; and shall be held at such places as the District Secretary may appoint:Provided that—
70. Poundmaster to act as auctioneerAt every sale of impounded stock the poundmaster shall act as auctioneer. No auctioneer's licence shall be necessary in order to enable a poundmaster so to act. No poundmaster shall be directly or indirectly interested in any purchase at any sale so held by himself.
71. Animals to be impounded for at least three weeks before saleNo animal shall be put up at any such sale unless it has been impounded for at least three weeks, except with the consent of the owner.
72. Manner of conducting sale
73. Cash sale only and disposal of proceeds
74. Consequences of illegal impoundingAny person who illegally impounds any animal shall be liable to make good to the owner all damages, costs and charges arising out of such proceedings, together with twenty ngwee for every horse or head of cattle, and one ngwee in respect of every other animal so illegally impounded:Provided that nothing herein contained shall be deemed or held to prevent or bar any action for damages competent to such owner or any criminal prosecution.
75. Rates at which fees payable when more than one pound is concernedIn case any property trespassed upon is situated in a different District from that in which the pound proper for the receipt of trespassing animals is situated, and in case the rates of mileage and trespass money in the two Districts shall be different, then mileage and trespass money shall be payable according to the rate for the District in which the property trespassed upon is situated; but all rates payable upon the delivery of such animals to the poundmaster, and for herding, grazing and feeding the same, shall be payable according to the rate for the District in which the pound is situated.
Part V – General
76. Penalty for molesting or scattering animalsEvery person who shall wrongfully molest, drive or scatter the animals of another person when upon the property of such last mentioned person, or take away such animals from off the land of their owner, shall be liable, upon conviction, to the penalty prescribed by section seventy-eight.
77. Saving as to other remedies for trespassNothing in this Act contained shall be construed so as to prevent any person complaining of trespass from seeking redress according to law in any competent court:Provided that—
78. PenaltiesPersons convicted of contravention of the provisions of this Act or any regulation made hereunder for which no other penalty is provided shall be liable to the penalties following, that is to say:
79. Impounding of animals alleged to have been stolen, etc.
80. Application of ActThe provisions of this Act shall have effect in such portions only of Zambia as the Minister may, by statutory notice, direct and shall cease to have effect in any such portion as the Minister may, by like notice, withdraw from its operation.[As amended by G.N. No. 319 of 1964]
81. Saving of rights of owner not within a declared areaNothing herein contained shall affect the right of any owner of land, which is not situate within or deemed to form part of a declared area, to seize and impound upon such land animals found straying or damage feasant.
82. Other offences by pound-masters and othersAny poundmaster who shall knowingly obtain from an owner of animals detained in his pound money or property in excess of that authorised by this Act, and any person, not being a poundmaster, who shall obtain from an owner of animals found trespassing money or property in respect of such trespass, otherwise than in accordance with this Act, shall be liable, on conviction, to a fine not exceeding six hundred penalty units or to imprisonment for a period not exceeding six months, and shall further be ordered to make restoration in respect of any money or property so obtained, which order shall be made in the form of a civil judgment against him for the amount to be restored.[As amended by Act No. 13 of 1994]
83. Regulations in respect of other portions of Zambia not within a declared areaWith regard to any portion of Zambia which is not situate within or deemed to form part of a declared area, the Minister may, from time to time by statutory instrument, make regulations as to all or any of the following matters:
History of this document
31 December 1996 this version
28 April 1920