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Impounding distresses.
Establishment of pounds.
Grand jury may present expence of erecting or repairing pounds.
Justices to appoint keepers of country pounds.
No persons to act as pound keepers unless when licensed by the justices.
Area and walls of county pounds.
Pound keeper to enter into recognizance.
14 & 15 Vict. c. 93.
Pound fees to be as follows.
Rates of sustenance to be fixed by justices.
Tables of fees and rates to be posted.
No animals to be impounded in any other than a licensed pound or manor pound, except in cases of emergency.
Notice of impounding to owner, &c.
Public notice of impounding to be given by pound keeper and constabulary.
When owner of straying animal cannot be found, it may be sold.
Notice of sale to be posted.
How produce of sale to be applied.
Punishment for the following offences:
Offences by pound keepers.
Persons rescuing impounded animals, or injuring pounds, &c.
Impounding elsewhere than in licensed pound, &c.
Saving as to manor pounds.
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19. The decision and regulation of certain matters relating to the establishment and use of pounds for the impounding of distresses, or of animals found trespassing, wandering, or straying, shall be subject to the following provisions:
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1. It shall be lawful for the justices of each petty sessions district, whenever there shall be no pound or an insufficient number of pounds established therein, to authorize the establishment of such pound or pounds in such place or places in such district (not being within any manor in which a manor pound shall have been already established) as they shall think necessary; and it shall be lawful for the grand jury of the county, upon the requisition of any three or more of such justices, to present such sum, not exceeding ten pounds, as they shall think fit, (to be levied off the county in like manner as any other sums presented by the grand jury,) for the erection, part erection, or repair of any pound, upon such condition as they shall fix as to the keeper of such pound paying to the treasurer of the county, for the use of the county, any sum not exceeding forty shillings as an annual rent for the same; and it shall be lawful for the said justices from time to time to appoint some fit person to be the keeper, during their pleasure, of any pound upon which any sum so presented shall have been expended:
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2. It shall not be lawful for any person to act as the keeper of any pound now or hereafter to be established, (except lepers of a manor pound,) unless he shall be authorized so to act by the justices of the petty sessions district in which such pound shall be situated, by licence in writing signed by any two or more of them, and which licence such justices are hereby authorized to give, and also from time to time to withdraw in case of the neglect or misconduct of such person: Provided always, that every pound so to be licensed shall be of such area as the said justices shall think fit, and that the walls thereof shall be at least seven feet high, and securely built, either of stones or bricks, or of such other material as the said justices shall think sufficiently substantial:
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3. Any person so licensed shall, before acting as such pound keeper, enter into recognizance, (in like form and manner as any clerk of petty sessions is required to do under the said Petty Sessions Act,) himself in such sum not less than ten pounds, with two sureties in such sum not less than five pounds each, as the justices shall fix, conditioned for the due discharge of his duties as pound keeper under this Act, and shall from time to time renew the same when required by such justices:
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4. Every pound keeper shall be entitled to receive from the person by whom any animal shall be impounded in such pound, or from the owner when such animal shall be delivered up to such owner by proper authority, the following pound fees:
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For any one horse, mare, mule, or horned beast, for any time not exceeding seventy-two hours - - -
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6d.
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And for any greater number of same, for same period, each - - -
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3d.
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And if impounded for longer than seventy-two hours, one half of the above sums for every additional seventy-two hours:
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For any one sheep, calf, lamb, goat, or pig, for any period not exceeding seventy-two hours
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2d.
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And for any greater number of same, for the same period, each - -
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1d.
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And if impounded for longer than seventy-two hours, one half of the above sums for every additional seventy-two hours:
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He shall also be entitled to demand and receive from the like owner or person, as the case may be, such sum for the sustenance of any such animals, for the time during which they shall be so impounded, as the said justices shall fix as the proper rates of sustenance for animals impounded in such pound, and which they are hereby required to do by writing under their hands:
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5. The pound keeper shall post and continue posted, in a conspicuous place on or close to his pound, a table of the scale of the pound fees authorized by this Act, and also a table of the rates which shall be so fixed by the justices for the sustenance of animals impounded therein
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6. No animals (except in cases of distresses for rent) shall be impounded in any other place than in the nearest pound of the county so licensed (or in the pound of the manor), unless where any assault shall be threatened or made upon the person impounding or proceeding to impound any animal, or where any rescue of such animal shall be attempted or threatened, and the impounding in any other place shall be necessary for the detention of such animal, or the safety of such person:
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7. Whenever any animal shall be impounded in any pound, the person by whom such animal shall be impounded shall at the time give notice to the pound keeper, and also to the owner of such animal (when known), specifying the parish and townland in which such animal shall have been seized, and the reasons for impounding the same; and when given to the owner, he shall specify the pound in which such animal shall have been impounded.
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8. And whenever any animal found wandering or straying shall be impounded in any pound, the pound keeper shall immediately give a notice to the sub-inspector, head or other constable, of the nearest constabulary station, describing such animal, and stating the parish and townland where such animal shall have been seized (unless where such animal shall have been impounded by any member of the constabulary force); and such sub-inspector, head or other constable, shall post such notice (or a like notice when the animal shall have been impounded by any member of the constabulary force), and keep the same posted at such station until such animal shall be claimed or otherwise disposed of according to law; and whenever the owner of such animal cannot be discovered, it shall be lawful for the justices of the petty sessions district, upon being satisfied that all possible means have been adopted for the discovery of the owner, and that he cannot be discovered, to direct that the same shall be sold by the sub-inspector of constabulary of the district in like manner as any animal may be sold under any warrant of distress (due notice of such sale, and of tbe parish and townland where such animal shall have been seized, having been previously posted by such sub-inspector at the constabulary station, and also in some conspicuous place in the parish where such animal shall have been seized, and also at the place where impounded, forty-eight hours at the least before the time of sale); and the proceeds of such sale, after paying to the keeper of the pound the amount due to him for pound fees and for the rates of sustenance of such animal, shall be paid over to the treasurer of the county, to the credit of the county, in any case when the grand jury of such county shall have presented any sum for the erection of any pound therein; but when no sum shall have been so presented, such surplus proceeds shall be applied in like manner as any penal sums payable to the Crown, or, with the consent of the chief or under secretary to the Lord Lieutenant, may be applied by the said justices in the erection or repair of any pounds within the petty sessions district.
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And any person who shall be guilty of any of the next following neglects or offences shall be liable to the punishment herein after specified:
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9. Any pound keeper who shall act as such without being duly authorized by the justices, and without having duly entered into a recognizance in manner aforesaid, or who shall neglect to keep such pound clean and well supplied with wholesome water, and in such a secure and wholesome state as shall insure the due forthcoming and health of the animals impounded, or who shall demand or receive any sum for the keeping or sustenance of any animals in such pound greater than the sums fixed by this Act or by the justices as aforesaid, as the case may be, or who shall neglect to feed any animal impounded in such pound, or who shall omit to post in a conspicuous place any such table or notice, or to give any such notice, as is directed by this Act, or who shall without due authority liberate or permit to be liberated from such pound any animal impounded therein, or who shall refuse or neglect, when required by the justices, to give up to them any pound built in the whole or in part at the expence of the county, shall be liable to a fine not exceeding ten pounds:
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10. Any person who shall rescue or attempt to rescue any animal out of any such pound or out of any other place in which any animal shall be impounded for greater safety, under the circumstances herein-before mentioned, or who shall break down or injure any such pound or place, or do any act by means of which any animal impounded therein shall escape or be unlawfully liberated therefrom, shall be liable to pay the amount of the injury done, and also a fine not exceeding ten pounds; but in every case of the commission of any such offence in rescuing or attempting to rescue any distress, or in breaking or injuring any pound, the justices shall, if they shall so think fit, abstain from adjudicating summarily thereon, and deal with the same as a case to be tried by indictment at the assizes or quarter sessions:
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11. Any person who shall impound any animal (except in cases of distresses for rent), in any other place than in a manor pound, or in such pound as shall be licensed under the provisions of this Act (except under the circumstances herein-before mentioned), or who shall omit to give such notice to the pound keeper or to the owner of any animal impounded as is required by this Act, or who shall wilfully damage or injure any animal while driving or conveying the same to any pound, shall be liable to a fine not exceeding five pounds:
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Provided always, that nothing herein contained shall interfere with the right of any lord of a manor to establish or continue any manorial pound for the impounding of distresses made in such manor, which he is now by law entitled to establish or continue, or to appoint from time to time any person to be keeper of such pound; but the regulation of such pound, and the duties of such pound keeper, shall in all other respects be subject to the provisions of this Act, in like manner and to the like extent as any pound established or any pound keeper licensed by the justices at petty sessions in manner aforesaid.
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