Trespass of Animals Ordinance, 1939
Ordinance 16 of 1939
- Published in Official Gazette no. 796 on 13 June 1939
- Assented to on 7 June 1939
- Commenced on 13 June 1939
- [Up to date as at 6 November 2020]
- [Amended by Trespass of Animals Amendment Proclamation, 1943 (Proclamation 21 of 1943) on 3 August 1943]
- [Amended by Trespass of Animals Amendment Ordinance, 1944 (Ordinance 9 of 1944) on 26 April 1944]
1.The laws specified in the Schedule annexed hereto are hereby repealed, provided that any regulations published under the said laws shall remain in force until repealed, except in so far as such regulations may be in conflict with the provisions of this Ordinance.
2.In this Ordinance, unless inconsistent with the context -“animals” means and includes cattle, horses, mules, asses, sheep, goats, ostriches and pigs;“cattle” means and includes bulls, cows, oxen, heifers, tollies and calves;“flock’’ means any number of sheep or goats which are in one lot, or under the charge of one person;“horses” means and includes male horses, mares, geldings, colts and fillies;“owner” means the owner of an animal and includes the manager, agent or caretaker for the owner of the animal;“police officer” includes a non-commissioned officer in charge of a police post;“proprietor” means and includes the owner, lessee or occupier of land, and except in Chapter II includes further any Municipal Council or Village Management Board in regard to streets or other public places over which such Council or Board exercises jurisdiction;[The Local Authorities Act 23 of 1992 repealed the Village Management Boards Ordinance 14 of 1963.]“rural areas” shall mean any areas outside urban areas, and any other areas declared to be rural areas for the purpose of this Ordinance by the Administrator by notice in the Gazette;“stallions” means and includes male horses or asses not castrated;“sufficient fence” shall mean when applied to wire fences, a fence having not less than four strands of well-galvanised wire, with straining posts not more than five hundred yards apart, and iron standards (these shall weigh not less than twelve pounds avoirdupois each) or hardwood poles (these shall be at least four inches in diameter at the thin end and be planted not less than two feet deep in the ground) at not more than ten, fifteen or twenty yards apart, with not less than two, three or four droppers (if hardwood droppers are used, these shall be at least one and a half inches in diameter at the thin end) between them respectively; in other cases it shall mean any fence, wall or hedge at least four feet six inches high through which no animal could pass without breaking the same.[The full stop at the end of this definition should be a semicolon,]“This Ordinance” includes any regulation made thereunder;“urban areas” shall mean Municipalities, Village Management Board Areas, and any area of land included in a township as established in terms of the Townships Ordinance, 1928 (Ordinance No. 11 of 1928), as amended from time to time.[The Local Authorities Act 23 of 1992 repealed the Village Management Boards Ordinance 14 of 1963. The Townships Ordinance 11 of 1928 was repealed by the Townships and Division of Land Ordinance 11 of 1963.]
Impoundment of Trespassing Animals
3.The provisions of this chapter must be read as subject to the special provisions of Chapter II relating to rural areas.
4.The Administrator shall whenever and wherever it shalt appear to him necessary authorise the establishment of a pound and the appointment of a poundmaster for such a period and on such conditions as are herein or may by regulation be prescribed. The establishment of any pound and the appointment of the poundmaster shall be notified in the Gazette. The Administrator may disestablish any pound by notice in the Gazette.
5.Every poundmaster shall furnish to the magistrate of the district in which the pound concerned is situated, security for the due and faithful performance of his duties as such poundmaster to such amount and subject to such conditions as may be prescribed by the Administrator.
6.Any proprietor upon whose lands any animals are found trespassing may send such animals to that pound which is nearest, by a practicable road or thoroughfare, to the land trespassed upon, and to no other pound; provided that no animal belonging to a traveller and grazing on any outspan recognised by law, may be so impounded, except as provided in section forty-nine.
7.Any person who illegally impounds any animal shall be liable to make good to the owner all damages, costs and charges arising out of such proceeding.
8.No proprietor shall sell or dispose of any animal found trespassing on his property. Any person contravening the provisions of this section shall be guilty of the crime of theft, and liable on conviction to all the penalties provided by law in respect of the said crime; provided that the enforcement of any penalty or sentence imposed shall not deprive the owner of any legal right he may have to recover from such proprietor the value of such animal and any damage sustained by reason of its detention or sale.
10.Any person who shall rescue or attempt to rescue or incite or assist any other person to rescue any animals lawfully impounded or lawfully seized for the purpose of being impounded shall be guilty of an offence.
11.The owner of any animal lawfully impounded for trespass upon -(1)any garden, vineyard or orchard;(2)any place upon which a cultivated crop is growing or upon which such a crop isstill lying;(3)any yard, floor or place containing grain or dried fruit or other products of the soil;shall be liable to pay trespass money to the proprietor of the property trespassed upon calculated according to the rate provided by regulation; provided that -(a)any proprietor or the agent or caretaker for any proprietor, sending animals to the pound for a trespass under this section shall at the same time send a signed memorandum to the poundmaster, setting forth the number and description of the animals and the nature of the place or property upon which they have trespassed;(b)if the memorandum delivered with the animals does not state the nature of the place or property upon which they have trespassed, they shall be considered as impounded for trespass under the provisions of section twelve hereof;(c)when such animals are taken to the pound by the proprietor, agent or caretaker aforesaid in person, then the verbal statement of such proprietor, agent or caretaker upon the matters referred to in the preceding provisions of this section shall be taken and recorded by the poundmaster, and shall be sufficient.
12.The owner of any animal lawfully impounded for trespass upon any uncultivated land or any place not of the description in the last section given, shall be liable to pay trespass money to the proprietor of the property trespassed upon at the rate prescribed by regulation; provided that in case any property shall be trespassed upon twice within the space of one fortnight by the same cattle or horses belonging to the same owner, then the said owner shall be liable in respect of the second trespass to pay at double the ordinary rate.
13.Every person who delivers any animal to a poundmaster to be impounded shall be entitled to receive from such poundmaster a fee to be called mileage for every mile or portion of a mile travelled, at the tariff provided in the regulations; provided that -(a)when the person so delivering the said animals is not himself the proprietor of the land trespassed upon or the agent or caretaker for the proprietor, then he shall produce a written memorandum signed by such proprietor, agent or caretaker, giving a description of the animals, and authorising the bearer to convey them to the pound, and every such memorandum shall be preserved by the poundmaster as a voucher;(b)when more persons than one have been employed in conveying the said animals to the pound, mileage shall only be paid by the poundmaster to one of such persons but the person impounding the animals may recover in any competent court from the owner, similar mileage in respect of every other of such persons necessarily employed; provided that when ostriches are impounded the poundmaster shall pay mileage for as many drivers as are necessarily employed;(c)mileage shall be paid in terms of the shortest available route.Provided further that no person shall be entitled to receive from any such poundmaster any mileage in respect of asses delivered to any such pound.
14.The owner of any animals liable to impoundment for trespass, may, before the animals have been removed from the property trespassed upon, tender to the person complaining of the trespass a sum of money to cover the damages suffered by him, or the trespass money lawfully claimable under this Ordinance in connection with such trespass, such tender to be made to the complainant himself or to his agent or caretaker. If such animals as aforesaid are in course of being conveyed to the pound then their owner may tender as aforesaid a sum of money to cover the damage or trespass money aforesaid and also the mileage to which the complainant would be entitled under the provisions of this Ordinance if the animals had actually been impounded. If the said tender be refused, the complainant shall pay the cost of all legal proceedings which he may thereafter institute and shall be liable for all damages sustained by the owner of the animals by reason of their detention after the date of tender, unless the tender is found to be insufficient by a competent court; or unless in the opinion of such court the tender was refused in the bona fide belief that the person making the tender was not the owner or the duly authorised agent of the owner.
15.The owner of any goats or sheep infected with scab and found trespassing, shall, ifthe sheep and goats are not found mixed with other sheep or goats free from disease, be liable to pay to the proprietor twice the amount of trespass money which would have been payable under these regulations in respect of a similar trespass by sheep or goats not so infected. In the event of the trespassing sheep and goats being found so mixed as aforesaid their owner shall be liable to pay to the proprietor four times the amount of trespass money which would have been payable inrespect of a similar trespass by sheep and goats not so infected.
16.For the purposes of this Ordinance, if any sheep or goat found trespassing be infected with scab 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 infected, then the entire mixed flock shall be deemed to be similarly infected. The nearest post commander of police shall have authority to determine any dispute on facts arising out of the provisions of this section, for the purpose of the calculation of trespass money payable in terms of section fifteen.
17.Any person who shall wilfully drive any sheep or goats infected with scab into or upon the property of another person, upon which property there are at the time any sheep or goats not infected with the said disease, shall over and above any damage or trespass money payable under this Ordinance or otherwise, be guilty of an offence and liable on conviction to a fine not exceeding one hundred pounds and in default of payment to imprisonment with or without hard labour for a period not exceeding twelve months.[A fine not exceeding one hundred pounds is equivalent to a fine not exceeding N$200.]
18.Subject to the provisions of the Diseases of Stock Proclamation, 1920 (Proclamation No. 28 of 1920), as amended from time to time, it shall be the duty of every poundmaster to receive into his charge all animals tendered at his pound between sunrise and sunset by any proprietor or by the manager, agent or caretaker for any proprietor or by any person authorised in writing thereto by such proprietor, manager, agent or caretaker in order to be impounded, as having been found trespassing upon the land of such proprietor, provided that any animals tendered by a member of the police force or such other persons as are herein or may by regulation be prescribed shall likewise be received for impoundment as having trespassed upon any town lands, streets or public places or having been left unattended in contravention of any local regulations or bye-laws issued by or affecting the municipality, village management board or other local authority in any town or village.[The Diseases of Stock Proclamation 28 of 1920 was repealed by the Animals Diseases and Parasites Ordinance 34 of 1959, which was in turn repealed by the Animal Diseases and Parasites Amendment Act 9 of 1973 (RSA). The Animal Diseases and Parasites Act 13 of 1956(SA) which was amended by Act 9 of 1973 wasreplaced in Namibia by the Animal Health Act 1 of 2011.
The Local Authorities Act 23 of 1992 repealed the Village Management Boards Ordinance 14 of 1963 which provided the legal authority for village management boards.]
19.Any poundmaster who refuses or neglects to receive animal tendered in terms of the preceding section shall be guilty of an offence and on conviction liable on each occasion to a fine not exceeding five pounds and in default of payment, to imprisonment with or without hard labour for a period not exceeding one month, and he 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.[A fine not exceeding five pounds is equivalent to a fine not exceeding N$10.]
20.Every poundmaster 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 have been sent to be impounded.
21.All animals seized or detained for any trespass committed beyond the limits of a municipality shall be sent to any pound within the said limits, if that pound be the one nearest to the place of trespass and the poundmaster shall be bound to receive the animals so sent: Provided that, if the said pound is a municipal pound established in terms of section one hundred and seventy-one of the Municipal Ordinance, 1935 (No. 24 of 1935), as amended, such impoundment shall be dealt with as if the trespass had been committed within the limits of such municipality.[Section 21 is amended by Ord. 9 of 1944 to add the proviso. The Municipal Ordinance 24 of 1935 was replaced by the Municipal Ordinance 3 of 1949, which was replaced in turn by the Municipal Ordinance 13 of 1963, which was repealed by the Local Authorities Act 23 of 1992.]
22.Every poundmaster shall maintain in good repair, and as far as possible, free from all infection, not less than three separate enclosures for the kraaling at night of ostriches and horses, of cattle, and of sheep, goats and pigs; but any magistrate may in regard to any pound in his district give permission to thepoundmaster to maintain in manner aforesaid a lesser number of such enclosures.
23.Every stallion above the age of two years, every bull above the age of one year, every sheep ram or goat ram or boar above the age of nine months, and every animal which from contagious disease, dangerous vice or other reason shalt be unfit to mix with other impounded animals, shall be kept and fed separately, and the fees to be received or retained, as the case may be, by a poundmaster for the keeping and feeding of such animals shall be those provided by regulation.
24.It shall be lawful for any poundmaster to destroy any impounded animal likely to prove dangerous to human life or destructive to other animals impounded; provided that -(a)no such animal shall be destroyed until a member of the police or two disinterested land owners or stock owners shall have examined it,and agreed with the poundmaster as to the necessity for its destruction;(b)the poundmaster shall if circumstances and time permit summon the owner of such animal if known to attend the examination aforesaid. Such summons may be by letter duly sent through the post;(c)if the owner of the animal objects to its destruction such owner may release it, ifhe do so forthwith, provided he releases 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;(d)every member of the police, land owner or stock owner attending for the purpose of the inspection aforesaid shall be paid by the poundmaster such fees as may be prescribed by regulation. The amount so paid shall be recoverable by the poundmaster from the owner of the animal if it be destroyed; if the animal be not destroyed or the owner be unknown or if itbe impossible for any other reason, to recover from the owner the whole or any part of such amount the said amount or unrecovered portion thereof, as the case may be, shall be paid to the poundmaster by the magistrate on behalf of the Administration.
25.Every poundmaster shall, with regard to all animals which are found or are suspected to be suffering from an infectious or cantagious disease after being received at his pound, act in terms of the Diseases of Stock Proclamation aforesaid, and any regulations made thereunder.[The word “contagious” is misspelt in the Official Gazette, as reproduced above.]
26.Whenever any impounded stock requires to be dipped, dressed, inoculated, treated or sprayed in accordance with the instructions of a Government veterinary or other duly authorised officer, the poundmaster shall, on receipt of such instructions, carry out the work and shall in regard to such instructions be in the same position and incur the same responsibilities including criminal liability and possess the same rights as if he were the owner of such stock and such instructions had been given to such owner.
27.No poundmaster shall ride, work or use any animal impounded in his pound. Any poundmaster who contravenes the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding twenty-five pounds or in default of payment to imprisonment with or without hard labour for a period not exceeding three months.[A fine not exceeding twenty-five pounds is equivalent to a fine not exceeding N$50.]
28.Every poundmaster shall be entitled to demand or retain as the case may be, in respect of every animal impounded with him in terms of this Ordinance -
29.The said fees shall be prescribed by regulation.The owner of the animals impounded shall pay to the poundmaster for his own use the fees mentioned in the preceding section and the mileage or trespass moneys paid by the poundmaster together with an amount equal to five per cent. of such mileage or trespass moneys. The said animals may be detained by the poundmaster as security for the said amounts; provided that -(a)if the value of the animals impounded is in excess of the total charges due thereon and ascertained under the provisions of this Ordinance, and ifthe owner is unable to pay the said charges, then the poundmaster shall only detain so many of the said animals as may be reasonably sufficient to secure the total charges due upon all the animals and shall deliver the remainder of the animals to the said owner;(b)any poundmaster who shall retain after demand any greater number of such animals than is reasonably necessary to secure such charges as aforesaid shall be liable to the owner thereof for any damages sustained by him on account of such retention.
30.No poundmaster shall release any impounded animal until there shall have been paid to him, over and above all other fees and charges, the amount of all damages or trespass money due and payable under the provisions of this Ordinance; and in case of the release of any such animals without payment of such damages or trespass money as aforesaid, the poundmaster shall be liable for the payment thereof.
32.Whenever any impounded animals shall not be released within ten days from the date of their impoundment the poundmaster shall publish in a paper or papers circulating in the district inwhich the pound is situated, and by notice posted at the offices of the magistrate of the district, and of the police, an advertisement setting forth the species, brands, marks and distinguishing peculiarities of such animals, if any, of the presence and nature of which the poundmaster shall carefully satisfy himself, and in regard to horses and cattle their colour also, and such advertisement shall notify that the animals therein mentioned will be sold at the next sale of impounded cattle and shall set forth the date, not being less than thirty days from the date of first publication, and the time and place of such sale. The expenses of such publication shall be borne by the poundmaster and be recovered by him from the owner of the animals advertised if released before the sale, or otherwise out of the proceeds of the sale thereof.Provided that in regard to the impoundment of asses,(a)the periods of ten and thirty days herein prescribed shall be five and fourteen days respectively;(b)it shall be sufficient to post a notice as aforesaid at the office of the magistrate, or of the nearest post commander of police, as well as at the pound;(c)if at the sale so advertised and held, no offer is made for the purchase of the animal, it may be destroyed by the poundmaster.
33.The sales of animals lawfully impounded and so advertised shall be conducted on such terms and conditions as are herein or may by regulation be prescribed.
34.Every sale of impounded stock shall be held at the pound at the hour of eleven in the morning on any Wednesday. At every such sale the poundmaster shall act as auctioneer, but no poundmaster, or any member of his household or family resident with him, or any person in his permanent employ, shall be directly or indirectly interested in any purchase at any sale so held by such poundmaster;Provided that if any Wednesday falls on a public holiday the sale may be held on the next succeeding Wednesday not being a public holiday;Provided further that sales of impounded asses may be held on any weekday.
35.No animal shall be put up at any sale unless it has been impounded for at least forty-two days, except with the consent of the owner; provided that, in respect of asses impounded, the period of forty-two days herein prescribed shall be fourteen days.
36.At every sale all animals except sheep and goats shall be sold singly. Sheep and goats shall be sold in lots of not more than ten, and in no case shall sheep and goats or sheep or goats with different marks or brands be sold together in the same lot.
37.The poundmaster shall be entitled to receive and retain ten per cent. out of the proceeds of every pound sale as a fee for his attendance at such sale.
38.At every such sale, the animals shall be sold for cash and the proceeds less the amount of pound fees and other fees and charges herein provided for and properly chargeable in respect of such animals, and less the amount of damages due or assessed under the provisions hereof shall be forthwith upon receipt handed to the magistrate of the district to be by him paid to the owners of the animals sold, according to their respective rights provided that:(a)in the case of an unbranded animal, the said proceeds shall be paid forthwith by the said magistrate into the Territory Revenue Fund;(b)in the case of a branded animal, the said proceeds shall become the property of the Administration and be paid into the Territory Revenue Fund, if unclaimed by the owner of such animal after being in the hands of the said magistrate for a period of twelve months;(c)every poundmaster shall be obliged after the sale of any head of cattle, horse, or ostrich and before delivery to the purchaser, to brand the same with such distinguishing mark as may be fixed for his pound, provided such animal has reached the age of nine months. For such branding he shall be allowed a fee of one shilling and sixpence in each case, which shall be recoverable from the purchaser.[There are 20 shillings in a pound in British currency. There are also 240 pence in a pound. One pound is equivalent to N$2.]Any poundmaster contravening this provision shall be guilty of an offence and liable on conviction to a fine of two pounds in each case.[A fine of two pounds is equivalent to a fine of N$4.]
39.Every poundmaster shall keep a poundbook, in which he shall legibly enter the following particulars:(a)the date when, and the cause for which, all animals received by him are impounded;(b)the number and description of the animals;(c)the name and residence of the person impounding such animals and the name and address of the owner or supposed owner;(d)the date and particulars of the release or sale of the animals as the case may be;(e)any other matters which the poundmaster may be required by regulation to ascertain and record.The said entries shall be made at the time the acts recorded were done, or so soon thereafter as possible, but not after any dispute concerning them has arisen. The poundmaster shall follow the directions of the magistrate in regard to the form in which the entries in the poundbook are to be made.
40.Every poundbook shall be kept at the residence or the office of the poundmaster, and shall at all reasonable times be open for inspection to any Government official having authority from the magistrate of the district so to do and to any member of the police, free of charge; it shall be similarly open to every person upon payment of a fee of sixpence for each inspection; and every poundmaster shall grant extracts from his poundbook, signed by himself, free of charge to every such Government official and member of the police, and on payment of one shilling for every such extract not exceeding one hundred words and sixpence for every subsequent hundred or part of one hundred words, to any other person demanding the same.[There are 20 shillings in a pound in British currency. There are also 240 pence in a pound. One pound is equivalent to N$2.]
41.Every poundmaster shall take his poundbook 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.
42.In the case of the death or injury of any impounded animal the poundmaster shall enter in his poundbook 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 respects 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.
43.Every poundmaster shall, monthly, on the first day of each and every month, forward to the magistrate of his district a copy of all entries made in his poundbook during the preceding month, and the magistrate shall preserve all such copies in his office for the inspection of any person desirous of seeing them upon payment of the fees prescribed in section forty hereof.
44.It shall be lawful for the magistrate to require any poundmaster within his district at any time to produce his poundbook for purposes of inspection or for comparison of the copies of entries forwarded to him with the original entries, or for any other purpose, within a stated period, and any poundmaster who refuses or neglects to comply with any such requirement shall be guilty of an offence.
45.Every poundmaster shall have and preserve at or near his pound a copy of this Ordinance and any regulations framed thereunder and the same shall be open for reference to the public at all reasonable times; and he shall erect and maintain at or near the pound a board upon which shall be painted, printed or written in legible characters the rate of fees and compensation for damage fixed by this Ordinance.
46.Every poundmaster who shall -(a)refuse to allow his poundbook or copy of this Ordinance and the regulations issued thereunder to be inspected by any person having a lawful right to inspect, or(b)neglect or refuse to forward to the magistrate of his district the copies of entries referred to in section forty-three,shall be guilty of an offence.
47.Every poundmaster who shall -(a)knowingly make a false entry in his poundbook,(b)fraudulently destroy or erase any entry already made or[There should be a comma after the word “made”.](c)wilfully deliver to the magistrate or any person a false copy or extract from his poundbook,shall be guilty of an offence.
48.No poundmaster shall confine in his own pound any animals found trespassing upon property belonging to himself, except under the written authority of the nearest post commander of police. Failing such authority such animals shall be sent tosuch other pound as may be nearest tohis own pound by a practicable road or thoroughfare, and any poundmaster sending such animals to another pound shall enter in his poundbook the number and description of the animals sent; provided that nothing in this section contained shall apply to the impounding in a municipal or village pound of any animals trespassing upon any land situate within the jurisdiction of any municipality, village management board, or other local authority. Any poundmaster contravening the provisions of this section shall be guilty of an offence.[The last sentence in section 48 is incomplete in the English version of the Ordinance in the Official Gazette. The sentence in the Afrikaans version is “Enige skutmeester wat die bepalings van hierdie artikel oortree maak hom skuldig aan ‘n oortreding.” The incomplete sentence has been completed above (in green type), based on the Afrikaans version of the Ordinance.
The Local Authorities Act 23 of 1992 repealed the Village Management Boards Ordinance 14 of 1963 which provided the legal authority for village management boards.]
49.Every police constable as well as any person authorised in writing by the magistrate of the district may impound any animals found upon any outspan which is enclosed with a sufficient fence, other than animals in the possession of travellers who have outspanned for a period not greater than twenty-four hours or for any period during which they may be detained by stress of weather or other sufficient cause upon the said outspan.
50.For any stock found trespassing in cultivated land in any native location or native reserve, the owner of the said stock shall be liable to pay trespass money as provided by regulation.
51.Stock found straying on the common lands (not being cultivated lands) of any native location or native reserve as aforesaid, may be taken possession of by the person finding it, who shall take the said stock to the European officer in charge of such location or reserve and after due enquiry upon his written order, but not otherwise, such stock may be impounded and the person finding and bringing such stock shall be entitled to receive from the poundmaster mileage at the rate set out in the regulations, but no trespass fees shall be chargeable. All disbursements paid as mileage shall be recovered from the owner of the stock or be deducted from the proceeds of the sale thereof.
52.Whenever any poundmaster shall prove to the satisfaction of the magistrate of the district that the sums disbursed by him in respect of fees and charges in any period of six months ending on the 30th June or the 31st December, in carrying out the provisions of sections fourteen, twenty-five, twenty-six and thirty-two are in excess of the income derived by him during such period from the conduct of his pound, it shall be lawful for the Administrator thereupon to authorise the payment to such poundmaster of a sum representing the difference between such income and such sums so disbursed as aforesaid.
53.Subject to the provisions of the Diseases of Stock Proclamation aforesaid any magistrate may send to any pound in his district any animals which are the object of criminal investigation and may remove or authorise removal of the same at his discretion. It shall be the duty of the poundmaster to receive any animals so sent to his pound. Such animals shall not be subject to the general provisions herein contained but shall be dealt with as the magistrate may direct and against payment of the fees prescribed by regulation.
54.All fines and penalties imposed by any of the provisions of this Ordinance shall be recoverable in the court of the magistrate of the district in which the offence shall have been committed, and may be proceeded for by any person in regard to whose property the act or omission entailing any such fine or penalty shall have taken place.
55.It shall be lawful for any court to order that the costs of prosecution or defence be paid either by the person proceeding for the recovery of a fine or penalty under this proclamation or the regulations framed thereunder or by the person accused thereof, or it shall be lawful to make no order as to costs. The costs referred to in this section shall be such as would be taxed and allowed if the proceedings were in the nature of a civil action in a magistrate’s court in the Territory.
56.Nothing contained in this Ordinance shall be construed as depriving any person of any right which he may possess to seek redress by way of civil action in any competent court, or under such system of arbitration as may be contained in any regulations published in terms of section seventy-five, if he should be dissatisfied with the ordinary measure of compensation granted in terms of this Ordinance; provided that(a)if he has claimed damages under the provisions of this Ordinance he shall be thereafter debarred from seeking redress by way of such civil action;(b)whenever any complainant shall decide to proceed at law for the recovery of damages for any alleged trespass, the owner of the animals impounded for such alleged trespass shall be entitled to release the same upon payment of pound fees and upon giving security to the satisfaction of any magistrate for the payment of any damages and costs which the complainant may recover.
57.The provisions of this Ordinance shall not affect the provisions of section one hundred and seventy-one of the Municipal Ordinance, 1935 (No. 24 of 1935), as amended.[Section 57 is substituted by Ord. 9 of 1944. The Municipal Ordinance 24 of 1935 was replaced by the Municipal Ordinance 3 of 1949, which was replaced in turn by the Municipal Ordinance 13 of 1963, which was repealed by the Local Authorities Act 23 of 1992.]
Provisions relating to Rural Areas
58.The proprietor of land situated in a rural area must forthwith after he has become aware of the presence upon his land of any trespassing animal, elect -(a)to take advantage of the provisions of Chapter I, and to end the said animal to the nearest pound, after which the said trespass will be subject in all respects to the provisions of the said chapter,or(b)to proceed in terms of the remaining sections of this chapter.Where such proprietor has not sent or taken such trespassing animal to the nearest pound in terms of the provisions of Chapter I, within fourteen days after he is aware of such trespass, he shall be deemed to have elected to be bound and shall be bound by the provisions of the remaining sections of this Chapter.
61.Whenever in any such notice or report received by the commander of a police post it is stated that any animal found trespassing bears no brand or that the brand which, by reason of the place on the animal’s body on which it is impressed, the proprietor of the land judges to be the brand last impressed upon such animal, is not legible to such proprietor, the post commander shall cause the animal tobe inspected by a policeman as soon as conveniently may be. The policeman making the inspection shall report to the post commander whether the animal bears any brands, and if so, what those brands are and on which places of the animal’s body they are impressed.
|If the trespass occurred on land enclosed with a sufficient fence.||If the trespass occurred on land not enclosed with a sufficient fence.|
|Bulls or stallions (other than mules) over eighteen months of age:||6d per day, per head.||3d per day, per head.|
|Other cattle, horses, mules, or asses or ostriches or pigs:||3d per day, per head.||1½d per day, per head.|
|Sheep rams or goat rams over nine months of age:||3d per day, per head.||l½d per day, per head.|
|Other sheep or goats:||1d per day, per head.||½d per day, per head.|