Section 11. It shah be lawful for the cultivator or occupier of any land to seize or cause to be seized any catt

11. It shah be lawful for the cultivator or occupier of any land to seize or cause to be seized any cattle trespassing on such land, Cattle doing damage to land may be seized[and doing damage to such land or any crop or produce ] and impounded. thereon, and to convey them witl~out unnecessary delay to klle pound established for the village or township in which the land is situate. Village and other Police Officers, when called upon, shall give their aid to cultivators and occupiers making such seizures. IPI. Pounds shall be established at the thmnahs or district Police stations, and at such other places as the Magistrate, under WIlere pounds shall he e~t~tblished. the orders of t.he local Government, inay determine. The village or villages by which every pound is to be used shall be determined and notified by the Magistrate. IJY. The ,'%$ ' ACT No. III OF %8577 TV. The pounds shall be under the control of the Magistrate of the Controlandmanagedistrict, and for each pound a pound-keeper shall be ment of pounds. appointed, who shall keep such registers and furnish such returns as the local Government shall direct. Provided that, in the Presidencies of Fort St. George and Bombay, the heads of villages and Police patells shall be ex-yfficio the keepers of village. .,&kt , > ' V When Cattle are brought to a pound, the pound-keeper shall enter - - Seizures to be rein his register the number and description of the animals, gistered. the name and residence of the seizer, and the name and residence of the owner if known, and shall give a copy of Pound-keeper to trike charge of and feed[the entry to the seizer. The pound-keeper shall take ] cattle. charge of and feed the Cattle until d-isposed of as herein- after directed. VI.[For every head of Cattle impounded ][as ][aforesaid, ][a ][fine shall ][be ] Fines. levied according to the following scale :- |[For every head of Cattle impounded ][as ][aforesaid, ]<br>levied according to the following scale:-|[aforesaid, ][a ][fine shall ][be ]<br>:-| |---|---| ||Anmas.| |.................<br>Camei or Buffalo|.................<br>8| |....<br>Horse or Tattoo, Bull, Bullock, orCow|....<br>4| |.....................<br>Calf orAss|.....................<br>2| |Sheep or Goat...................|...................1| and no Cattle shall be released by a pound-keeper without the payment of such fine unless the release be ordLered by competent authority. VIE. I f eke owner appear and claim the Cattle, they shall be delivered Procedure if owner[to him on payment ][of ][the prescribed fine together with ] appear Cattle. and claim the the expense of feeding the Cattle at such rates as may from time to time be fixed by the Magistrate ; and the owner, on taking back his Cattle, shall sign a receipt for them in the register kept by the pound-keeper. A schedule of the fines and of the rates of charge for feeding Cattle shall be stuck up in a aonspicuous place an or near to every pound. ACT No. 111 OF `1857.` VIII, If the Cattle be not claimed within seven days from the date of Procednre if Cattle[their being impounded, the pound-keeper shall ][make ][his ] be not clailned within report to the Darogah or district Police Officer, who shall a specified time. stick up in a conspicuous part of the Police Office a motice coi~taining a statement of the number and description of the Cattle, the place where they were seized, and the place where they are impounded, and hall cause proc'bamation of the same to be made by beat of drunz ,. in the vilage, and at the market place, nearest to the piace 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 Darogah or district Police O&cer or an Officer of his establishment deputed for the purpose. BX. If the owner appear, and refuse or omit to pay the fines and expenses, the Cattle, or as many of them as may be necessary, Procedure if owner appear and refuse or[shall be sold by public auction for the recovery of such fines ] omit to pay tlie fines and expenses. and expenses by tlze Darogah or other Officer as aforesaid ; and the remaining Cattle and the balance of t'he purchase money if any shall be delivered to the owner, together with an accou9t showing the number of Cattle seized, the time during which theyhave been impounded, the charge for fines and expenses, the number of Cattle sold, the proceeds of sale, and the manner in which those proceeds have been disposed of; and the owner shall grant a receipt for the Cattle delivered to him and for the balance of the gmchase money paid to him (if any) according to such account. Provided always that, `if` a complaint against the seizure shall have Proviso. been preferred under the provisions of Section XIV of this Act, no sale shall be made u n a the case shall have been decided, nor otherwise than according to the order which may be passed in such case. Police Oficers and X. Police Officers and pound-keepers are prohibited pound-keepers not t o purchase a from becoming, directly or indirectly, pwc~1asers of any sale under t'iis Act* t'iis Act* Act* Cattle sale under this Act. XI. When Cattle are sold under the provisions of this Act, the fines leviable and the expenses of feeding, together with the Disposal of sale proceeds, fines, and ex-. expenses of sale, if any, s h d be deducted from the sale penses. proceeds.[The fines so recovered, as well, as all fines ] received Police Oficers and pound-keepers not t o purchase a sale under t'iis Act* t'iis Act* Act* ) 8 I ACT No. `111` OF `1857.` received by the pound-keepers under Section VIP, shall be transmitted to the Magistrate by the Darogah, or district Police Officer. The expenses of feeding realized by sale s l l d be paid over to the pound-keepers, who shall also retain and appropriate all sums received by them on account of such expenses under Section VII. The surplus proceeds of the sale of unclaimed Cattle shall be strate, who shall hold them in deposit for three months, be preferred and established within that period, shall, at its expiry, dispose of them as hereinafter provided. XIP. The suiiis received on account of fines and the unclaimed proceeds of the sale of unclaimed Cattle shall form a fund which Fines and ullclaimed lwOceedsOfsales a fund for the payment shall be available for the payment of any salaries which of pound-keepers, kc. may be allowed to pound-keepers under the orders of the local Government or of expenses incurred for the construction and maintenance ofpounds, or for any other purpose connected wit11 the execution of this Act. XITH. Every person who shzll forcibly oppose the seizure of Cattle doing penaltJ. for forcibly damage to land or to crops or other produce of land, or opposing the seizure of shall forcibly rescue the same after seizure either from a Cattle or rescuing the same. pound or from the seizer when conveying or about to convey the111 to a pound, shall be liable for such offen :e to imprisonment, ~7it;h or without labor, for a period not exceeding six months, or to a fine not exceeding five hundred Bupees, or to both. Offences under this Section shall be dealt with by the Police Officers according to tlze provisions of Section XXV Regulation XX. 1817 of the Bengal Code, Section XXVII Begulation XI. 1816 of the Madras Code, and Section XLIE%% Regula;tion XII. 1827 of the Bonnba-y Code. XIV. Any person whose Cattle shall have been seized and detained as ' doing damage to land or any crop or produce thereon, magOwner may prefer complaint to Magistrate prefer a complaint against the seizure, at any time within within ten days from date of seizure of his ten days from the date thereof, to the Magistrate, or to any Cattle. Joint Deputy or Assistant Magistrate, or other Officer haying criminal jurisdiction, authorized to receive and try charges[with- ] o ~ ~ t reference by the Magistrate.[The complaint may be either verbal, in ] which ACT No. 111 OF 1857. which case the st~bstance of it shall be taken down in writProcedure. k g by the Magistrate or other Officer as aforesaid, or written upon plain paper, and shall be preferred by the comp1:~iiiant in person, or by an agent personally acquainted with the circumstances. The 3Eagistrate or other Officer as aforesaid, if on examination ofthe complainant or his agent he shall see reason to believe the complaint to be well founded, shall summon the party complained against, and shall proceed to make a summary enquiry into If the seizure be adjudged illegal, +he Magistrate cer as aforesaid shall award to the complainant such damages, not exceeding in any case the sun1 of one hundred Rupees, as he may deem to be a reasonable compensation for any loss or injury sustained from the unlawful seizure and detention, together with all expenses incurred by the complainant in procuring the release of the Cattle ; or, if the Cattle have not been released, the Magistrate or other Officer as aforesaiJ, in addition to the award of damages, shall make an order for their release, and shall direct that the fines and expenses leviable under this Act shall be paid by the party who made tlie seizure. Moonsif& and other Judicial Moonsirs others Officers having original juriscliction, and not invested with may be invested with criminal powers, may be specidy invested by the local power to adjudicate under this Section. Government with the power of receiving and trying com. plaints under this Section, and in the exercise ofsuch powers shall be subject to the same rules as Assistants and other Officers subordinate to the Ma- X . Bersons in charge of public roads, cands, embankments, and the - - Impounding ofcat-[like, may seize or cause to be seized any cattle doing ] tie dbing damage to damage to the sides or slopes of such roads, canals, roads, embankments, &c. embankments, and the like; and all the foregoing provisions of this Act shall be applicable to such seizures. XVI. Viuage and other Police Officers shaU convey to the pounds established under Section 111 of this Act all Cattle, the Impounding of stray cattle the owners of owners of which are unknown, found straying in any pubwhich are unknown. lic road or place ; and the provisions of this Act relative to the detention, release, and sale of Ga'ctle seized as irespassing and doing damage, shall be applicable to `dl` 0at;tle impounded as aforesaid. XTII. When * a + 1 `ACT` No. 111 `OF 1SS7*` XVII. When any person commits mischief by causing Cattle to trespass aecnvery of penal013, any land, the penalty provided for such offence may ty for mischief comlnitted clusil,g be adjudged on the complaint of any person authorized to seize Cattle under Section I1 of this Act, or of any person who may have made advances for the cultivation of the land and delivery of the produce ; and any fine which shall be so adjudged inay be recovered by sale of the Cattle by which the trespass was "comniitted, or any ,portion of , them, whether k e Cattle were seized in the act of trespassing or not, and whether such Cattle are the property of the person convicted of the offence, or were only in his charge when the trespass was committed. XVIII. Any person;. being an owner or keeper of pigs, who, through neglect or otherm~ise, shall dam-age or cause or permit to be Penalty for damage caused to land or crops damaged any land or any crop or produce of land by by pigs. allowing pigs to trespass thereon, shall be liablc for such offence to a fine not exceeding ten Bupees. All sums recovered under this and the last preceding Section may be appropriated `in` Application of fines. whole or in part to compensate the complainant for damage proved t o the satisfaction of the Magistrate. Penalty for damage caused to land or crops by pigs. XIX. Notliing contained in this Act sh& be held to prohibit. any person, whose crops - or other : I-roduce of land shall have Saving of right of parties to institote a been damaged by trespass of' Cz.itle, from i'nstituting a suit suit for the recovery of damages In any for the recovery of damages Yn anjT competent Court:. competellt Court. Provided that any compensation which may have been. Proviso. . . to any such person by order of the Magistrate, shall be set off and deducted from any sum claimed by or awarded to him as dama. ges in such suit. Local Government, XX. The local Government, with the sanction of with th, sdnc~ion of the Governor General the Governor General in Council, may exclude 'from the in Council, may exclude any district, &c., operation of this Act any district or tract of country to froill the operation of this ~ c t . which its provisions may be judged uns~zitable. XXI. I n the construction of this Act, words importing the singular number shall include the plural, and words importing the Interpretation. plural number shall include the singular; words importing ths |_ACT_No.111OF1867.|| |---|---| |Shernasouline gender shall include fenzales; the word"31Cagistrate" shall|| |inc,lx~d-e a Joint Nagistrate, or other Officer lawfully exercisingihspowers ofa|,| |Hagistrate;theexpression '"arogah<br>or District Police OfficerJJ shall, inthe|| |North-Western Provinces of the Presidency of Fort William, include_s_|| |Tuhseeldar or Naib Tuhseeldar entrusted witch Police powers.||