No. 149/1938:

POUNDS REGULATIONS, 1938.

POUNDS REGULATIONS, 1938.

WHEREAS it is enacted by sub-section (1) of Section 8 of the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), that the Minister for Justice may by order make regulations for all or any of the following matters, that is to say:—

(a) the general management and. regulation of pounds;

(b) the powers, duties, and functions of pound-keepers;

(c) the fees to be paid to pound-keepers and the persons by whom such fees are to be paid;

(d) the disposal of such fees including the amount (if any) of such fees which may be retained by any pound-keeper;

(e) the sale, disposal, or destruction of animals found trespassing, wandering, or straying or of chattels of which the owner is unknown or cannot be found and the time after which such sale, disposal or destruction shall take place;

(f) the disposal of any moneys realised by any sale under the next preceding paragraph;

(g) any matter or thing referred to in the said Act as prescribed or to be prescribed.

NOW, the Minister for Justice, in exercise of the powers conferred on him by sub-section (1) of Section 8 of the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), and of every and any other power him enabling, by this Order makes the following regulations:—

1. These Regulations may be cited as the Pounds Regulations, 1938.

2.—(1) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

(2) Nothing in these Regulations shall be deemed to affect or restrict the operation of so much of Section 19 of the Summary Jurisdiction (Ireland) Act, 1851 and Section 71 of the Towns Improvement (Ireland) Act, 1854, as remains unrepealed.

3. Every pound-keeper shall fulfil the following duties, that is to say:—

(a) he shall take all steps reasonably necessary for safeguarding the security of his pound and shall notify the local authority by whom such pound is provided and the County Registrar of the repairs which from time to time become necessary in respect of such pound,

(b) he shall keep such pound in proper sanitary condition,

(c) he shall take all steps reasonably necessary to preserve the condition of animals and chattels impounded in such pound and, in particular, shall keep such animals and chattels properly sheltered and provide such animals with sufficient proper food and water, and

(d) he shall keep a record, in a book to be supplied by the local authority by whom such pound is provided, in the form set out in the First Schedule to these Regulations of the animals and chattels impounded in such pound and of the pound fees under these Regulations and the trespass rates under Section 20 of the Summary Jurisdiction (Ireland) Act, 1851, received by him as pound-keeper.

4.—(1) An animal or chattel shall not be impounded in any place other than the nearest pound provided by a local authority under the Pounds (Provision and Maintenance) Act, 1935 (No. 17 of 1935), except where an assault is threatened or made upon the person impounding such animal or chattel or a rescue of such animal or chattel is threatened or attempted and, in either case, the impounding elsewhere of such animal or chattel is reasonably necessary for the detention of such animal or chattel, the safety of such person, animal or chattel or the health of such animal.

(2) This Regulation shall not apply in cases of distress for rent or rates nor shall it affect or restrict the operation of Section 9 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926).

5. When lawfully requested so to do (but not otherwise), a pound-keeper shall release any animal or chattel impounded in his pound.

6.—(1) Every pound-keeper shall be entitled to demand and receive from the person by whom any chattel or animal is impounded in his pound or from the owner of such chattel or animal if and when such chattel or animal is released to such owner the appropriate pound fees specified in the Second Schedule to these Regulations.

(2) Notwithstanding anything contained in the immediately preceding paragraph of this Regulation, where an animal found straying is impounded in any pound by a member of the Gárda Síochána, the pound-keeper shall not be entitled to demand pound fees from such member but in lieu thereof shall be entitled to demand and receive such fees from the local authority in whose functional area such animal was found straying.

(3) Pound fees received under these Regulations shall cover impounding and care of chattels and impounding, care and sustenance of and attendance on animals.

(4) Every County Registrar shall keep a copy of the Second Schedule to these Regulations affixed in a prominent position in his office.

(5) Every pound-keeper shall keep a copy of the Second Schedule to these Regulations affixed in a prominent position on or near his pound.

7. If any animal requires the attention of a veterinary surgeon while impounded in any pound, the pound-keeper may, with the approval of the County Registrar, engage a veterinary surgeon to attend such animal and the following provisions shall have effect in respect of the fee of such veterinary surgeon, that is to say:—

(a) such fee shall be paid by the local authority in whose functional area such animal was seized or found straying,

(b) if such animal is sold consequent upon such seizure or pursuant to the next following Regulation, such fee may be deducted from the proceeds of such sale and paid over to such local authority,

(c) if such local authority is not recouped as aforesaid for the amount of such fee or is recouped in part only, such local authority may recover such amount or the remaining part of such amount (as the case may be) from the owner of such animal as a simple contract debt in any court of competent jurisdiction.

8.—(1) Where the sale of an animal has been directed under paragraph 8 of Section 19 of the Summary Jurisdiction (Ireland) Act, 1851, the following provisions shall have effect, that is to say:—

(a) if three days have elapsed since the posting of the notice mentioned in the said paragraph 8, such sale may be carried out as soon as conveniently may be,

(b) if three days have not elapsed as aforesaid, such sale may be carried out as soon as conveniently may be after such three days have elapsed,

(c) such sale may be carried out by way of auction or, where the seller is of opinion that an auction would be abortive or inappropriate, in any other manner whatsoever.

(2) A sale under Section 71 of the Towns Improvement (Ireland) Act, 1854, of an animal may be carried out by way of auction or, where the seller is of opinion that an auction would be abortive or inappropriate, in any other manner whatsoever.

(3) When all proper pound fees, expenses, veterinary surgeons fees and penalties have been discharged out of the proceeds of the sale pursuant to this Regulation of any animal, the balance shall be paid over to the local authority maintaining the pound in which such animal was impounded and applied by such local authority towards the maintenance of such pound.

9.—(1) Where the sale pursuant to the immediately preceding Regulation of any animal is attempted but fails or where any animal which is impounded in a pound and whose owner cannot be discovered is in such a condition that it would be cruel to keep it alive, a member of the Garda Síochána not below the rank of Superintendent may arrange for the destruction and disposal of such animal.

(2) The destruction of an animal under this Regulation shall be carried out without unnecessary suffering by means of a humane killer (if available) and in the presence of a member of the Gárda Siochana.

(3) The expenses of the destruction and disposal under this Regulation of an animal shall be borne by the local authority maintaining the pound in which such animal was impounded.

FIRST SCHEDULE.

POUNDS (PROVISION AND MAINTENANCE) ACT, 1935

Pound situated at...............................

POUND-KEEPER'S RECORD BOOK.

Name of Pound-Keeper............................

SECOND SCHEDULE.

POUND-KEEPER'S FEES COVERING IMPOUNDING AND CARE OF CHATTELS AND IMPOUNDING, CARE AND SUSTENANCE OF AND ATTENDANCE ON ANIMALS.

Given under my Seal of Office this 10th day of May, 1938.

PATRICK RUTTLEDGE,

Minister for Justice,