Page:Halsbury Laws of England v1 1907.pdf/503

 —— Part VIII.

Miscellaneous.

281

Sect. 4. as the local authorities under the Diseases of Animals Act, in a Destructive that is, in the City of London, the Common Council Insects borough having a population of not less than 10,000 in 1881, the Borough Council and for the residue of each administrative county, and Pests. The Board may require a local authority the County Council (<?). and expenses incurred to carry into effect any order of the Board and compensation paid by a local authority are to be paid out of the local rate (/). All orders of the Board must be laid before Parliament within Publication of orders. ten days after the makincr thereof, or after the next meeting of Parliament, and must be published in the London Gazette (g),Q.nd also by the local authority, in such manner as the Board may direct (h).

the

same

189J:

((/),







Sect.

Dogs.

5.

615. The owner of a dog is liable in damages for injury done by that dog to cattle (under which term are included horses, mules, asses, sheep, goats and swine), without proof of the mischievous disposition of the dog, or of scienter or negligence on the part of the owner. The occupier of the house or premises, or, if there are more occupiers than one in any house or premises let in separate apartments or lodgings or otherwise, the occupier of that particular part of the house or premises where the dog was kept or permitted to live or remain at the time of the injury, is presumed to be the owner of the dog, and is liable for the damages, unless jDroof is made to the contrary. If the damages claimed do not exceed they may be recovered in a court of summary jurisdiction as a civil debt (i). The owner of a dog that does injury to sheep is liable in damages even though the sheep were at the time trespassing on the property of the owner of the dog {k).

Liability injury to

foi'

cattle.

616. Where a dog is proved to have injured cattle or chased Prevention injury by sheep, an order may be made by a court of summary jurisdiction, dosrs. directing the dog to be kept by the owner in proper control or destroyed, and any person failing to comply with such order is liable to a penalty not exceeding 20s. a day for every day during which he fails to comply with such order (I). The Board of Agriculture and Fisheries may, inter alia, with a view to the prevention of worrying of cattle, make orders for preventing dogs, or any class of dogs, from straying during all or any of the hours between sunset and sunrise (m). Destructive Insects Act, 1877 (40 & 41 Vict. c. 68), s. 4 (see note (a), 280, ante); the Contagious Diseases (Animals) Act, 1869, referred to in thi?t section, is now replaced by the Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), and amending Acts. See also title Animals, p. 429, post. (e) Diseases of Animals Act, 1894 (57 & 58 Vict, c 57), s. 3. (/) Destructive Insects Act, 1877 (40 & 41 Vict, c. 68), s. 4. See note («), p. 280, ante, (d)

p.

(g) Ibid., s. 8. (70 Ibid., s. 6.

(0

Dogs

1865 (28 (k) (l)

c.

&

Act, 1906 (6 Edw. 29 Vict. c. 60).

Grange

Dogs

7, c. 32), ss. 1

Y. Silcock (1897),

Act, 1906 (6

Edw.

(1)— (3),

repealing the

Dogs Act,

77 L. T. 340; decided under the Dogs Act, 1865. Dogs Act, 1871 (34 & 35 Vict,

7, c. 32), s. 1 (4)

56), s. 2.

(m) Dogs Act, 1906 (6 Edw. (57 & 58 Vict. 0. 57), s. 22.

7,

c.

32),

s.

2



Diseases of Animals Act, 1894

of