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The Prevention of Cruelty to Animals Act.-1908.

the operation of the notice, but shall not, unless satisfied that the notice was delivered frivolously or maliciously, give any costs against such constable.

Constable may inspect saleyards, &c. N.Z., No. 24, 1884, s. 10.

8. Any constable may enter at any time into any saleyard or place where animals are usually sold or kept for the purposes of sale, and may inspect any animal found therein, and the accommodation for such animals. Any person hindering such constable from so entering and inspecting shall be liable, on conviction before any Justice, to a penalty not exceeding Ten Pounds.

N.S

Apprehension.

9. (1) Any constable may, upon his own view of the commission -, No. 64, 1901, of an offence under this Act, or upon the complaint of any other s. 8. N.. No. 24. 1884. person who declares that he or she has seen an offence under this s. 11.

Act committed, and gives his or her name and place of abode to the Cf. Q., No. 26, 1901, constable, lay an information against the offender for the purpose 8. 10.

of the offender being dealt with according to law. Apprehension.

(2) Any Justice may, without previously issuing any summons, Warrant may issue forth with.

forth with issue his warrant for the apprehension of any person N.Z., No. 24, 1884, charged with any offence under this Act whenever good grounds for

so doing shall be stated on oath before such Justice.

8. 11.

Limitation of time. 10. Every information or complaint in respect of an offence against mation or complaint this Act shall be laid or made within fourteen days after the cause laid or made.

of offence or complaint arose. Ibid., s. 9. Vehicles, animals, &c., 11. (1) Whenever a constable arrests any person having charge of may be detained.

any vehicle or animal or both for an offence against the provisions of N.S.W., No. 64, 1901, s. 10 (1). this Act he may take charge of such vehicle or animal or both, and any Q, No. 26, 1901, s.11. saddle and harness on or attached to such animal or vehicle, and deposit

the same in some place of safe custody as security for payment of any penalty to which such person or the owner of such vehicle or animal may become liable, and the expenses which have been or may be

necessarily incurred for taking charge of and keeping the same. Sale in default of (2) The Justice or Justices who hear the case may, in default of payment.

payment, order sich vehicle or animal or saddle or harness, or any N.S.W., No. 64, 1901. Payment, order siich v s. 10 (2).

or all of them, to be sold for the purpose of satisfying such penalty and reasonable expenses in like manner as if the said vehicle, animal, saddle, and harness had been subject to be distrained, and had been distrained upon for the payment of such penalty and expenses.

Special constable
may be appointed.
N.Z., No. 24, 1884,
s. 14.

12. Any Special Magistrate or any two Justices may appoint, in writing under his or their hands, any officer, agent, or servant of any society for the prevention of cruelty to animals to be a special constable to act for such time and within such limits as are appointed, and such special constable shall, during such time and within such limits, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable of the Police Force of South Australia.

13. (1) II

The Prevention of Cruelty to Animals Act.—1908.

8. 13.

13. (1) If it shall be made to appear to any Justice by personal Killing of animals inspection, or by the testimony of a competent witness, that any

on N.Z., No. 24, 1981, animal impounded in any pound or found elsewhere is in such a cf. Q., No. 26, 1901 weak, disabled, or diseased state that it ought to be killed, it shall s. 9. be lawful for him, by writing under his hand, to order that the said animal shall be forihwith killed ; and such order shall be sufficient authority to the poundkeeper or owner of such animal, or any other person authorised by the said Justice, to kill the same, and no compensation whatever shall be recoverable in respect of such killing. (2) Whenever, in the opinion of a constable, any animal is so Powers of constable

in case of accident, weak, disabled or diseased, or as the result of an accident, or from any etc. other cause, sustains such injuries that its recovery is impossible, New. such constable may, upon obtaining the order of a Justice or the consent of the owner, immediately kill such animal, and no compensation whatever shall be recoverable against such Justice or constable in respect of such killing.

14. Whenever it is by the oath of any credible person made to Inspection of appear to the satisfaction of a Special Magistrate or two Justices por

N.S.W., No. 64, that an offence against this Act has been, or is being, or is about 1901, s.' 11. to be committed on or in any premises, such Magistrate or Justices may, by writing under his or their hand, authorise such person or some constable named therein to enter upon or into such premises and inspect any animal confined or kept there.

15. Whosoever, at any time or in any manner, unlawfully Obstructing con.

stable. obstructs, hinders, molests, or assaults any constable or other person

Ibid., s. 5. whilst in the exercise of any power or authority under or by virtue of this Act shall, on conviction before any Justice, be liable to a penalty not exceeding Ten Pounds.

oduce

the offenefore him proprietoro

16. (1) Whenever an information is laid or complaint made Proprietors of

vehicles to be sum. against the driver or conductor of any vehicle, whether licensed or moned t otherwise, for any offence against the provisions of this Act, the their servants. Justice or Justices before whom such information is laid or complaint Ibid., s. 6 (1). made may forthwith summon the proprietor or owner of such carriage or vehicle to produce before him the driver, conductor, or other servant by whom the offence was committed, or is alleged to have been committed, to answer the information or complaint. (2) If such proprietor or owner, after being duly summoned, fails Case may be heard in

absence of driver. without reasonable excuse to produce such driver, conductor, or servant, the Justice or Justices before whom such driver, conductor,

Ibid., s. 6 (2). or servant is required to be produced may proceed, in the absence of such driver, conductor, or servant, to hear and determine the case in the same manner as if he had been produced, and to adjudge payment by the proprietor or owner of any penalty or sum of money and costs in which the driver, conductor, or servant is convicted. (3) Any sum of money so paid by the proprietor or owner may, Recovery from ser

? vant of sum paid. upon proof of payment thereof, and of such driver, conductor, or ibid. 2. 63

servant

The Prevention of Cruelty to Animals Act.—1908.

servant refusing or neglecting to be produced pursuant to the order of the Justice or Justices, be recovered in a summary way from the driver, conductor, or servant through whose default such sum has

been paid, in the same manner as a penalty. Penalty on proprietor for not producing his

(4) The Justice or Justices may, if such proprietor or own er fails servant.

to produce his driver, conductor, or servant without reasonable Ibid., s. 6 (4).

excuse, impose a penalty of Forty Shillings upon such proprietor or owner, and may also direct a further summons to issue against him under subsection (1) of this section, whereupon the same consequences shall follow as upon the first summons so issued, including power upon the hearing of each successive summons to issue a further summons, until such driver, conductor, or servant is produced.

Power to provide food to neglected auimals. Q., No. 26, 1901, 8. 8.

17. If any animal is at any time impounded, or confined in any yard, pen, cage, hutch, pound, or receptacle of the like nature, or deprived of its liberty, and continues impounded, confined, or restrained without fit and sufficient food and water for more than twenty-four consecutive hours, it shall be lawful for any person whomsoever to enter into and upon any yard or other premises, or any pound, or other receptacle of a like nature in which such animal is so confined, and to supply such animal with fit and sufficient food and water during so long a time as it remains and continues so impounded, confined, or restrained, without being liable to any action of trespass or other proceeding by any person whomsoever for or by reason of such entry for the purposes aforesaid. The reasonable cost of such food and water shall be paid by the owner of such animal to the person who has supplied the same, and such cost may be recovered by complaint before a Special Magistrate or two Justices.

This section shall not apply to animals carried in railway trucks.

Exemptions.

18. (1) Except as hereinafter provided, nothing in this Act conQ., No. 26, 1901, s. 12 tained shall apply to any act done in any of the following cases :--. Extermination of (a) In the extermination of rabbits, marsupials, wild dogs, foxes, pests.

or vermin; or (6) In the extermination or destruction of any animal under the

authority of any Act, regulation, or by-law in force for the

time being; or Hunting, &c., un

(c) In the hunting, snaring, trapping, shooting, or capturing of domesticated animals.

any animal

any animal not in a domestic state; or Vivisection.

(d) In any experiment or vivisection performed upon any animal

by any legally qualified medical practitioner or veterinary practitioner, or any officer appointed by the Governor in Council, for the purposes of scientific investigation: Provided that the Governor in Council may, from time to time, make regulations for the registration of those practitioners who shall be permitted to perform such experiments or vivisection and for the humane conduct of their operations.

(e) In

The Prevention of Cruelty to Animals Act.1908.

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(e) In any operation of the nature of an inoculation or of a

feeding experiment. (2) The exemption in this section contained shall not take Conditions of

exemptions. effect(a) In any case of ill-treatment; or ) In any case of vivisection or other experiment as described

in subsection (d) wherein the following conditions are

neglected, that is to say :-
1. The operation shall be performed in accordance with the said

regulations:
11. The animal subject to the operation shall during the whole

time thereof be so under the influence of some anæsthetic

as to be insensible to pain:
III. When the animal has in the course of the operation been so

injured that its recovery would involve serious suffering, it
shall be destroyed while still insensible.

19. (1) The Governor may make regulations not inconsistent Regulations. with this Act prescribing all matters which by this Act are required or permitied to be prescribed, or as may be necessary or convenient to be prescribed for giving effect to this Act. (2) All such regulations shall —

(a) Be published in the Government Gazette.
(0) Take effect from the date of such publication, or from a

later date to be specified therein; and
(c) Be laid before both Houses of Parliament within four-

teen days after publication, if Parliament be then in
Session, and if not, then within fourteen days after
the commencement of the next Session.

(3) Any regulations made under this Act may prescribe penalties not exceeding in any case the sum of Twenty Pounds for any infringement of such or other regulations made under this Act.

(4) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of either House of Parliament within thirty days after such regulations shall have been laid before Parliament, if Parliament shall be so long in Session: Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it, then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament.

20. All

The Prevention of Cruelty to Animals Act.—1908.

Procedure.

20. All proceedings in respect of offences against this Act shall be heard and determined under Ordinance No. 6 of 1850 and any Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders.

Appeal.

21. There shall be an appeal from any order or conviction or any dismissal of any complaint or information in any proceedings under this Act, and such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction, or to the Local Court of Full Jurisdiction nearest to where the offence was committed, and shall be heard and determined in manner provided by the said Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4 and any other Act for the time being in force as to appeals to Local Courts.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. Le HUNTE, Governor.

Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace,

Alamide: By authority, C. . Buron, Government Prints, Kord Pernice

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