Pound-breach Act 1843
1843 CHAPTER 30 6 and 7 Vict
An Act to amend the Law relating to Pound-breach and Rescue in certain Cases.
[12th July 1843]
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)
[1.] Persons releasing or attempting to release cattle impounded, or damaging any pound, &c., upon conviction before two justices, to forfeit 5l. and expenses, and in default of payment to be imprisoned.U.K.
In case any person or persons shall release or attempt to release any horse, ass, sheep, swine, or other beast or cattle, which shall be lawfully seized for the purpose of being impounded, in consequence of having been found wandering, straying, or lying or being depastured on any inclosed land without the consent of the owner or occupier of such inclosed land, from the pound or place where the same shall be so impounded, or on the way to or from any such pound or place, or shall pull down, damage, or destroy the same pound or place, or any part thereof, or any lock or bolt belonging thereto or with which the same shall be fastened, every person so offending shall, upon conviction thereof, before any two of her Majesty’s justices of the peace, forfeit and pay any sum not exceeding [F1£20], together with reasonable charges and expenses, or in default thereof be committed by such justices, by warrant under their hands and seals, to the house of correction of the county wherein the said offence shall have been committed, . . . F2[F3and it shall be lawful for the said justices to award the whole or any portion of such penalty to the person or persons on whose behalf such cattle were distrained.]
Textual Amendments
F1Words substituted by Criminal Justice Act 1967 (c.80), s. 92, Sch. 3 Pt. I
F2Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2) and repealed by Statute Law Revision Act 1892 (c. 19)
F3Words repealed (E.W.) by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III
2 Justices not to hear cases where questions of title arise, or as to any bankruptcy, &c.U.K.
Provided always, that nothing herein contained shall authorize any justices of the peace to hear and determine any case of pound-breach or rescue in which any question shall arise as to the title to any lands, tenements, or hereditaments, or any interest therein or accruing therefrom, or as to any bankruptcy . . . F4, or any execution under the process of any court of justice, or as to the obligation of maintaining, reparing, or keeping in repair any wall, hedge, paling, ditch, sunk fence, or fence whatsoever.
Textual Amendments
F4Words repealed by Statute Law Revision (No. 2) Act 1874 (c. 96)
3, 4. F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F5Ss. 3, 4 repealed by Statute Law Revision Act 1892 (c. 19)