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Shooting domesticated geese...


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Just been asked by a friend of SWMBO who has quite a few acres of land to come and sort a problem out for them...BUT

 

They have about 10-20 acres of fields that they use to grow hay for the horses for the winter...the neighbours geese (white ones as she said :lol: ) keep coming over and flattening the grass..leaving **** everywhere and now she has lost quite a bit to all this (about 30 bales @ £5 a bale)

 

She has asked me to come and shoot them but I have no idea where I would be covered in law for this...I know greylag, pinkfoot and white front you need a DEFRA licence out of season..and eygptian and canada are fine but what about techinally domesticated???

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if you can temp them over to the building with a bit of corn (over a few days) to gain their confidence,they can be herded into a building then caught and necked or keep them a bit and get a bit more weight on them first.

Edited by RED BEARD
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They have been told by many people to keep them in but they havent done anything about it. They walk all over the road as well. They have been asked many times about fencing but still refuse

 

 

doesn't matter they are domestic livestock so don't get involved. Shooting them will lead if the farmer gets the hump to police action and it won;t be nice. The best option is for the landowner to write to the neighbour stating the damage they are doing and that further damage will be invoiced for. Then bill accordingly but far simpler would be a fence :yes:

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They have been told by many people to keep them in but they havent done anything about it. They walk all over the road as well. They have been asked many times about fencing but still refuse

Ok do there is a welfare issue, contact RSPCA or council but the least painful route for all is a fence erected by the landowner who is loosing crop to the straying animals electric or mesh will do, and an electric fence probably easier.

Edited by HDAV
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Try this.....

Detention and sale of trespassing livestock

 

Detention and sale of trespassing livestock

 

--

The right to seize and detain any animal by way of distress damage feasant is hereby abolished.

Where any livestock strays on to any land and is not then under the control of any person the occupier of the land may detain it, subject to subsection (3) of this section, unless ordered to return it by a court.

Where any livestock is detained in pursuance of this section the right to detain it ceases--

at the end of a period of forty-eight hours, unless within that period notice of the detention has been given to the officer in charge of a police station and also, if the person detaining the livestock knows to whom it belongs, to that person; or

when such amount is tendered to the person detaining the livestock as is sufficient to satisfy any claim he may have under section 4 of this Act in respect of the livestock; or

if he has no such claim, when the livestock is claimed by a person entitled to its possession.

Where livestock has been detained in pursuance of this section for a period of not less than fourteen days the person detaining it may sell it at a market or by public auction, unless proceedings are then pending for the return of the livestock or for any claim under section 4 of this Act in respect of it.

Where any livestock is sold in the exercise of the right conferred by this section and the proceeds of the sale, less the costs thereof and any costs incurred in connection with it, exceed the amount of any claim under section 4 of this Act which the vendor had in respect of the livestock, the excess shall be recoverable from him by the person who would be entitled to the possession of the livestock but for the sale.

A person detaining any livestock in pursuance of this section is liable for any damage caused to it by a failure to treat it with reasonable care and supply it with adequate food and water while it is so detained.

References in this section to a claim under section 4 of this Act in respect of any livestock do not include any claim under that section for damage done by or expenses incurred in respect of the livestock before the straying in connection with which it is detained under this section.

Animals straying on to highway

 

Duty to take care to prevent damage from animals straying on to the highway

 

--

So much of the rules of the common law relating to liability for negligence as excludes or restricts the duty which a person might owe to others to take such care as is reasonable to see that damage is not caused by animals straying on to a highway is hereby abolished.

Where damage is caused by animals straying from unfenced land to a highway a person who placed them on the land shall not be regarded as having committed a breach of the duty to take care by reason only of placing them there if--

the land is common land, or is land situated in an area where fencing is not customary, or is a town or village green; and

he had a right to place the animals on that land.

Protection of livestock against dogs

 

Killing of or injury to dogs worrying livestock

 

--

In any civil proceedings against a person (in this section referred to as the defendant) for killing or causing injury to a dog it shall be a defence to prove--

that the defendant acted for the protection of any livestock and was a person entitled to act for the protection of that livestock; and

that within forty-eight hours of the killing or injury notice thereof was given by the defendant to the officer in charge of a police station.

For the purposes of this section a person is entitled to act for the protection of any livestock if, and only if--

the livestock or the land on which it is belongs to him or to any person under whose express or implied authority he is acting; and

the circumstances are not such that liability for killing or causing injury to the livestock would be excluded by section 5(4) of this Act.

Subject to subsection (4) of this section, a person killing or causing injury to a dog shall be deemed for the purposes of this section to act for the protection of any livestock if, and only if, either--

the dog is worrying or is about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or

the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs.

For the purposes of this section the condition stated in either of the paragraphs of the preceding subsection shall be deemed to have been satisfied if the defendant believed that it was satisfied and had reasonable ground for that belief.

For the purposes of this section--

an animal belongs to any person if he owns it or has it in his possession; and

land belongs to any person if he is the occupier thereof.

Supplemental

 

Application of certain enactments to liability under sections 2 to 4

 

-- For the purposes of the Fatal Accidents Acts 1846 to 1959, the Law Reform (Contributory Negligence) Act 1945 and the Limitation Acts 1939 to 1963 any damage for which a person is liable under sections 2 to 4 of this Act shall be treated as due to his fault.

Supplemental

 

General interpretation

 

-- In this Act--

"common land", and "town or village green" have the same meanings as in the Commons Registration Act 1965;

 

"damage" includes the death of, or injury to, any person (including any disease and any impairment of physical or mental condition);

 

"fault" has the same meaning as in the Law Reform (Contributory Negligence) Act 1945;

 

"fencing" includes the construction of any obstacle designed to prevent animals from straying;

 

"livestock" means cattle, horses, *****, mules, hinnies, sheep, pigs, goats and poultry, and also deer not in the wild state and, in sections 3 and 9, also, while in captivity, pheasants, partridges and grouse;

 

"poultry" means the domestic varieties of the following, that is to say, fowls, turkeys, geese, ducks, guinea-fowls, pigeons, peacocks and quails; and

 

"species" includes sub-species and variety.

 

Application to Crown

 

--

This Act binds the Crown, but nothing in this section shall authorise proceedings to be brought against Her Majesty in her private capacity.

Section 38(3) of the Crown Proceedings Act 1947 (interpretation of references to Her Majesty in her private capacity) shall apply as if this section were contained in that Act.

Short title, repeal, commencement and extent

 

--

This Act may be cited as the Animals Act 1971.

. . .

This Act shall come into operation on 1st October 1971.

This Act does not extend to Scotland or to Northern Ireland.

Edited by drone
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