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The Cattle-trespass Act, 1871

Act No: 22
Year: 1871

Preamble

An Act to consolidate and amend the law relating to trespass by cattle.

Sections

Section 1 - Short title and extent

This Act may be called the Cattle-trespass Act, 1871, and it extends to the whole of Bangladesh.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,- - "cattle" includes elephants, camels, buffaloes, bulls, cows, oxen, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; - "pound" means any place appointed under this Act for the purpose of confining cattle taken in trespass.

Section 3 - Appointment of pounds and poundkeepers

The Government may, by notification in the official Gazette, appoint places to be pounds for the purposes of this Act, and may appoint fit persons to be poundkeepers of such pounds.

Section 4 - Seizure of trespassing cattle

When any cattle are found trespassing on any land, the owner or occupier of such land, or any person acting under his authority, may seize the cattle and send or take them to the nearest pound.

Section 5 - Duties of poundkeeper on receipt of cattle

When any cattle are brought to a pound, the poundkeeper shall immediately enter in a book to be kept by him for that purpose the following particulars: - The number, description, sex, age and marks of identification of the cattle - The name and address of the person impounding the cattle - The date and hour when the cattle were brought to the pound - The situation of the land on which the cattle were found trespassing

Section 6 - Notice to owner of cattle

The poundkeeper shall, immediately after making the entry required by section 5, cause notice to be given to the owner of the cattle, if known, that the cattle have been impounded.

Section 7 - Release of cattle on payment

Any cattle impounded under this Act may be released on payment to the poundkeeper of: - The damages sustained by reason of such trespass - The expenses of impounding, maintaining and keeping the cattle

Section 8 - Sale of unclaimed cattle

If the cattle are not claimed and the amount due is not paid within seven days after impounding, the poundkeeper may sell the cattle by public auction.

Section 9 - Application of proceeds of sale

The proceeds of any sale under section 8 shall be applied: - First, in payment of the expenses of the sale - Secondly, in payment of the amount due for damages and expenses - The surplus, if any, shall be paid to the owner of the cattle on demand

Section 10 - Penalty for rescue of cattle

Whoever rescues or attempts to rescue any cattle which have been seized for trespass, or which are in a pound, shall be punished with fine which may extend to fifty taka.

Section 11 - Penalty for false claims

Whoever makes any false claim to cattle impounded under this Act shall be punished with fine which may extend to fifty taka.

Section 12 - Powers of Magistrate

Any Magistrate may, on complaint being made to him that any cattle have been illegally impounded, direct the immediate release of such cattle.

This act consolidates the law relating to cattle trespass and provides a systematic framework for dealing with trespassing cattle, including seizure, impounding, and disposal procedures.