Page images
PDF
EPUB

39 & 40 VIC., cap. 77. This Act was passed August 15, 1876, and is intituled "An Act to amend the law relating to Cruelty to Animals."

Section II. Prohibits painful experiments on animals, except under conditions imposed by the Act, and

nacts a penalty of Fifty Pounds for the first offence, and One Hundred Pounds for the second offence.

Section III. Imposes the following conditions, without observance of which no person may perform experiments on animals calculated to give pain -the operator must be licensed by the Home Secretary; the object of the experiment must be the discovery of knowledge for prolonging life or alleviating suffering, and not for the attaining of manual skill; the animal must be wholly insensible during the operation, and must be killed before sensibility returns, if it be probable that pain would be felt should sensibility return; no experiment shall be performed as an illustration of lectures in medical schools, hospitals, colleges, or elsewhere of a kind likely to cause pain by a teacher who has not applied for and obtained a certificate, and even then he must not cause pain; painful experiments may be performed by persons who obtain licences from the Home Secretary authorising them under conditions he may impose to perform such experiments for discovery or demonstration of alleged discoveries.

Section IV. Prohibits the use of curare as an anesthetic.

Section V. Gives a special protection to dogs, cats, horses, asses, and mules against painful experiments, which may not be used if any other animal be available.

Section VI. Absolutely prohibits exhibitions of painful experiments to the public, under heavy penalties, and forbids under a smaller penalty the advertising of a projected exhibition.

Sections VII, VIII, IX, X, XI, & XII. Empower Home Secretary to have places of experimentation registered, to impose conditions on licensees,

to demand reports of experiments, and provide inspection; and legalise experiments ordered to be made by a Judge for the elucidation of criminal cases heard by him.

Section XIII. Empowers Magistrates to grant a search warrant when reasonable ground exists that painful experiments are being performed by unlicensed persons.

Sections XIV, XV, XVI, XVII, XVIII, XIX, & XX relate to routine of procedure.

Section XXI. Forbids the prosecution of a licensee without the assent of the Secretary of State.

Section XXII. Limits the action of the statute to vertebrates.

There is no limitation of time provided during which proceedings must be taken; therefore section XI, of 11 & 12 Vic., cap. 43, will apply -viz., information must be laid before the expiration of six months.

[This Act is complex-its provisions can hardly be applied by the police; much less by individuals.]

26 & 27 VIC., CAP. 113.

This Act was passed July 28th, 1863, and is intituled "An Act to prohibit the sale and use of poisoned grain."

Section II. Enacts that every person who shall offer or expose for sale or sell any grain, seed, or meal which has been so steeped or dipped in poison, or with which any poison or any ingredient or preparation has been so mixed, as thereby to render the same poisonous, and calculated to destroy life, shall in either case for every such offence, upon summary conviction, as hereinafter provided. forfeit any sum not exceeding Ten Pounds.

Section III. Enacts that every person who shall knowingly and wilfully sow, cast, set, lay, put, or place, or cause to be sown, cast, set, laid, put, or placed, into, in, or upon any ground or other exposed place or situation, any such grain, seed, or meal which has been so steeped or dipped in poison, or with which poison or any ingredient or preparation has been so mixed as thereby to render such grain, seed,

or meal poisonous, and calculated to destroy life, shall, upon a summary conviction thereof as hereinafter provided. forfeit any sum not exceeding Ten Pounds.

Section IV. Exempts all solutions or material for bona fide use in agriculture.

Section V. Provides indemnity to witnesses who have participated in the offence, provided they make known the facts before information has been laid against them.

27 & 28 VIC., CAP. 115.

This Act was passed July 29, 1864, and is intituled "An Act to prohibit the placing of poisoned flesh and poisonous matters in plantations, fields, and open places, and to extend

the poisoned grain prohibition Act, 1863.'

Section II. Enacts that every person who shall knowingly and wilfully set, lay, put, or place, or cause to be set, laid, put, or placed, in or upon any land any flesh or meat which has been mixed with or steeped in or impreg nated with poison or any poisonous ingredient so as to render such flesh or meat poisonous and calculated to destroy life, shall, upon a summary conviction thereof, forfeit any sum not exceeding Ten Pounds, to be recovered in the manner provided by The Poisoned Grain Prohibition Act, 1863: Provided always, that nothing herein contained shall prevent owners or occupiers of land in Ireland from laying or causing to be laid any poisonous matter as herein-before described, after a notice has been posted in a conspicuous place, and notice in writing has been given to the nearest constabulary station.

Section III. Provides that nothing shall make it unlawful for the occupier of any dwelling-house or other building, or the owner of any rick or stack of wheat, barley, oats, beans, peas, tares, seeds, or of any cultivated vegetable produce, to put or place or cause to be put or placed in any such dwelling-house or other building, or in any enclosed garden attached to such dwelling-house, or

in the drains connected with any such dwelling-house; provided that such drains are so protected with gratings or otherwise as to prevent any dog from entering the same, or within such rick or stack, any poison or poisonous ingredient or preparation for the destruction of rats, mice, or other small vermin.

["Flesh or meat" must be understood to mean "flesh or other food, not being grain." Meat may be of vegetable as well as of animal nature -"I have given every green herb for meat."]

24 & 25 VIC., CAP. 96. This Act was passed August 6th, 1861, and is intituled "An Act to Consolidate and Amend the Statute Law of England and Ireland relating to Larceny and other similar offences."

Section X. Provides that whosoever shall steal any horse. mare, gelding, colt, or filly, or any bull, cow, ox, heifer, or calf, or any ram, ewe, sheep, or lamb shall be guilty of felony, and be liable to fourteen and not less than three years penal servitude, or to two years imprisonment with or without hard labor, etc.

Section XI. Provides against wilfully killing any animal with intent to steal the carcase, skin, or other part of the animal so killed.

Section XII. Provides against unlawfully and wilfully coursing, hunting, snaring, carrying away, killing, or wounding, any deer in uninclosed land.

Section XIII. Provides against stealing deer on inclosed ground.

Sections XIV, XV, & XVI. Provide against possession of parts of deer killed unlawfully, or setting snares to catch deer, and give powers to keepers.

Section XVII. Provides against the unlawful, wilful killing, or taking of hares and rabbits on inclosed or uninclosed breeding grounds; also setting of snares thereon.

Section XVIII. Provides that who

soever shall steal any dog shall, on conviction thereof before two justices of the peace, either be committed to the common gaol or house of correction, there to be imprisoned and kept to hard labour for any term not exceeding six months, or shall forfeit and pay over and above the value of the said dog such sum of money not exceeding 20, as to the said justices shall seem meet. And whosoever having been convicted of any such offence, either against this or any former Act of Parliament, shall afterwards steal any dog, shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding eighteen months, with or without hard labour.

Section XIX. Enacts that whosoever shall unlawfully have in his possession, or on his premises, any stolen dog, or the skin of any stolen dogknowing such to have been stolenshall on conviction thereof be liable to pay a sum of money not exceeding £20; a second offence rendering him guilty of misdemeanour, and liable to be imprisoned eighteen months, with or without hard labour.

Section XX. Provides against taking money on a pretence of aiding any person to recover a stolen dog.

Sections XXI & XXII. Provide against stealing or having in illegal possession animals ordinarily kept in a state of confinement, not being the subject of larceny at common law.

Section XXIII. Provides that whoever unlawfully and wilfully kills, wounds, or takes any house dove or pigeon, shall be fined not more than £2 and the value of the bird.

Sections XXIV, XXV, & XXVI. Provide against stealing fish, &c.

43 & 44 VIC., CAP. 47. This Act was passed September 7th, 1880, and is intituled “An Act for the better protection of Occupiers of Lana against injury to their crops from ground game.'

Section I. Gives the occupier of land, and persons authorised by him, power to kill and take hares and rabbits on the land occupied by him.

Section III. Provides that existing agreements prohibiting the occu

pier from killing or taking the said animals shall not remain in force, even if the landlord have conceded to the occupier any compensatory advantages therein.

Section IV. Provides that the occupier shall not be required to take out a game licence to entitle him to kill and take hares and rabbits on his own land, the same exemption extending to his assistants.

Section VI. Provides that firearms shall not be used for the purpose of killing hares and rabbits during night time; that spring traps used for the purpose of killing hares [sic] and rabbits shall not be used on the open land and only in rabbit holes* ; that poison shall not be employed for killing hares and rabbits.

34 & 35 VIC., CAP. 56. This Act was passed July 24, 1871, and is intituled "An Act to provide further protection against Dogs."

Section I. Empowers a police officer or constable to take possession of any dog that he has reason to suppose to be savage or dangerous straying on any highway, and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention.

Where the owner of any dog taken possession of by any constable is known, a letter, stating the fact of such dog having been taken possession of, shall be sent by post or otherwise to the owner at his usual or last known place of abode.

When any dog taken in pursuance of this Act has been detained for three clear days where the owner is not known as aforesaid, or for five clear days where he is so known, without the owner claiming the same, and paying all expenses incurred by its detention, the chief officer of police of the district in which such dog was found may cause such dog to be sold or destroyed.

*This is a concession to public opinion against the toothed trap. The position of traps when used for hares and rabbits should henceforth be closely watched by officers and by private persons, and reported on promptly and fully to the Society. When set for vermin, reports cannot lead to legal action.

Any moneys arising from the sale of any dogs in pursuance of this section shall be paid to the account of the local rate, and be applied to the purposes to which that rate is applicable.

All dogs detained under this section shall be properly fed and maintained at the expense of the local rate.

Section II. Provides that courts of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to be kept by the owner under proper control or destroyed, and any person failing to comply with such order shall be liable to a penalty not exceeding twenty shillings for every day during which he fails to comply.

Section III. Provides that a local authority may, if a mad dog or a dog suspected of being mad is found within their jurisdiction, make, and when made vary or revoke, an order placing such restrictions as they think expedient on all dogs not being under the control of any person during such period as may be prescribed in such order throughout the whole of their jurisdiction, or such part thereof as may be prescribed in such order. Any person who acts in contravention of any order made in pursuance of this section shall be liable to a penalty not exceeding twenty shillings.

30 & 31 VIC., CAP. 134. This Act was passed August 20, 1867, and is intituled "An Act for regulating the traffic in the Metropolis,

and for other purposes."

Section XVIII. Empowers the police to take possession of any dog found in any street within the Metropolis and not under the control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention.

The Commissioner of Police, if he see fit, may issue a notice requiring any dog while in the streets and not

led by some person to be muzzled in such a manner as will admit of the animal breathing and drinking without obstruction; and the police may take possession of any dog found loose in the streets without such muzzle during the currency of such order, and may detain such dog until the owner has claimed it, has provided a proper muzzle, and has paid all incidental expenses.

Where any dog taken possession of by the police wears a collar with the address of any person inscribed thereon, a letter stating the fact of such dog having been taken possession of shall be sent by post to the address inscribed on the collar.

The Commissioner of Police may cause any dog which has remained in the possession of the police for three clear days without the owner claiming the same, and paying all incidental expenses, to be sold or destroyed.

When, upon complaint that any dog has bitten or attempted to bite any person within the Metropolis, it appears to the magistrate having cognizance of such complaint that such dog ought to be destroyed, he may direct it to be killed.

[All dogs taken by the Metropolitan Police are conveyed day by day to the Temporary Home for Lost and Starving Dogs, Battersea Park Road, South Lambeth, where prompt application should be made by owners of lost dogs, and where purchasers may find animals suitable to their wants.]

28 & 29 VIC., cap, 60. This Act was passed June 29, 1865, and is intituled "An Act to renaer Owners of Dogs in England and Wales liable for Injuries to Cattle and Sheep."

Sections I and II. Make owners of Dogs (ie. occupiers of premises where dogs lived) liable for injuries done by such dogs to cattle and sheep, proof of any previous ferocious propensity of the dogs not being required.

39 VIC., CAP. 13. This Act was passed June 1st, 1876,

and is intituled "An Act to prevent the Administration of Poisonous Drugs to Horses and other Animals."

Section I. Provides that if any person wilfully and unlawfully administers to or causes to be administered to or taken by any horse, cattle, or domestic animal, any poisonous or injurious drug or substance, he shall (unless some reasonable cause or excuse is shown on his behalf) be liable, on summary conviction, to a penalty not exceeding five pounds, or, at the discretion of the court, to imprisonment, with or without hard labour, for any term not exceeding one month in the case of a first offence, or three months in the case of a second or any subsequent offence.

43 & 44 VIC., CAP. 35. This Act was passed September 7th, 1880, and is intituled "An Act to amend the laws relating to the protection of Wild Birds.

[This Act repeals 32 & 33 Vic. cap. 17, 35 & 36 Vic. cap. 78, and 39 & 40 Vic. cap. 29, namely, the Sea Birds' Act, the Wild Birds' Act, and the Wild Fowl Act.]*

Section I. This Act may be cited as the Wild Birds' Protection Act, 1880.

Section II. The words "wild birds" shall for all the purposes of this Act be deemed to mean all wild birds. The word "sheriff" shall include steward and also sheriff substitute and steward substitute.

Section III. Any person who between the first day of March and the first day of August in any year atter the passing of this Act shall knowingly and wilfully shoot or attempt to shoot, or shall use any boat for the purpose of shooting or causing to be shot, any wild bird, or shall use any lime, trap, snare, net, or other instrument for the purpose of taking any wild bird, or shall expose or offer for sale, or shall have in his control or possession after the fifteenth day of March, any wild bird recently killed or taken, shall on conviction of any such offence before any two justices of the peace in England and Wales, or Ireland, or before the sheriff in Scotland, in the case of any wild bird which is included in the schedule hereunto annexed, forfeit and pay for every such bird in respect of which an

*In consequence, the decision, re White. head v. Smithers is void,

offence has been committed a sum not exceeding one pound, and, in the case of any other wild bird, shall for a first offence be reprimanded and discharged on payment of costs, and for every subsequent offence forfeit and pay for every such wild bird in respect of which an offence is committed a sum of money not exceeding five shillings, in addition to the costs, unless such person shall prove that the wild bird was either killed or taken or bought or received during the period in which such wild bird could be legally killed or taken, or from some person residing out of the United Kingdom. This section shall not apply to the owner or occupier of any land, or to any person authorised by the owner or occupier of any land, killing or taking any wild bird on such land not included in the schedule hereunto annexed.

Section IV. When any person shall be found offending against this Act, it shall be lawful for any person to require the person so offending to give his Christian name, surname, and place of abode, and in case the person so offending shall, after being so required to give his real name or place of abode, or give an untrue name or place of abode, he shall be liable on being convicted of any such offence to forfeit and pay, in addition to the penalties imposed by section three, such sum of money not exceeding ten shillings sterling as to the justices or sheriff shall seem meet.

Section VIII. Provision is made for the extension or variation of the close time.*

Observe, all birds are protected, but they are divided into two distinct classes, in order that two differing sets of penalties may be applied against offenders. The maximum fine in the higher division amounts to I and costs, the birds being provided with absolute protection during the breeding season; and in the lower division to 5s. and costs, with absolute protection, except against the owners and occupiers of land on whose property they are found, who may destroy them.

The birds protected by the higher penalty are as follows:

American quail, Auk, Avocet, Beeeater, Bittern, Bonxie, Colin, Cornish

* Before taking proceedings it will be ne cessary to ascertain if any variation has been made where offence was committed.

« EelmineJätka »