Page:Halsbury Laws of England v1 1907.pdf/625

 —

.

Part VI.— Dogs.

403

months after its landing, be detained and isolated at its owner's expense upon the premises of a veterinary surgeon previously approved by the Board of Agriculture and Fisheries (g) (except in the case of a hond fide performing dog, or of a dog which is intended to be exported within forty- eight hours after its landing {h) ), and if it is not so detained and isolated, it may be seized by an inspector of the Board, and detained and isolated for a similar period by the Board and if the owner does not within ten days after the expiration of the period of detention claim the dog and pay the expenses

Sect.

By

2.

Statute,



incurred in respect thereof, the Board may destroy or dispose of the dog (/) Contravention of these requirements is punishable on summary conviction by a fine not exceeding twenty pounds, or, if the offence is committed in respect of more than four dogs, not exceeding five pounds for each dog. Not only may the owner of the dog be made responsible, but also, each in respect of his own acts and defaults, the owner and the charterer and the master of the ship from which the dog is landed, the person for the time being in charge of the dog, the person causing, directing, or permitting the landing, the person landing the dog, and the consignee or other person receiving or keeping it with knowledge of the contravention {k). A person wlio lands or attempts to land a dog unlawfully is also liable to be dealt with under the Customs Acts for importing or attempting to import goods the importation whereof is forbidden, and the dog may be forfeited {I). Sub-Sect.

9.

Dog

Penalties,

Licences.

871. Every person who keeps a dog of whatever description The or denomination above the age of six months, must take out an annual licence, which costs seven shillings and sixpence, and which

commences on the day on which it is granted and terminates on the following 31st of December {m). Everyone who keeps a dog without a licence, or keeps a greater number of dogs than he is licensed to keep, or who does not produce his licence to an excise officer or constable within a reasonable time after request, is liable to a penalty of five pounds [n). Every person in whose custody, charge, or possession, or in whose

licence,

Penalty for not having or not producing licence.

Persons

requirmg {g)

Importation of Dogs Order, 1901,

(h) Ibid., (i)

Ibid.,

s.

s.

s.

2 (1),

licence.

(2).

2 (o). 7.

12; Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 51. 8. See also Customs Consolidation Act, 1876 (39 & 40 Vict, c. 36), s. 42; the Diseases of Animals Act, 1894 (57 & 58 Yict. c. 57), s. 56; tho Summary Jurisdiction Act, 1879 (42 & 43 Yict. c. 49), s. 53; and see title {k) Ibid., s.

(l)

Ibid.,

s.

Ee VENUE. (m) Dog

Licences Act, 1867 (30 & 31 Yict. c. 5), ss. 3, 5, 10. The cost of the was increased from five shillings to seven shillings and sixpence by the Customs and Inland Eevenue Act, 1878 (41 & 42 Yict. c. 15), s. 17. Although the licence commences on the day it is granted, a defendant cannot purge his offence of keepmg a dog without a licence at 12.40 p.m. by taking out a licence at 1.10 p.m {Campbell v. Strangeways (1877), 3 C. P. D. 105). (n) Dog Licences Act, 1867 (30 & 31 Yict. c. 5), ss. 8, 9. The Court may award costs and mitigate the penalty to such an amount as it thinks fit (Customs and Inland Revenue Act, 1878 (41 & 42 Yict. c. 15), s. 23). _

licence

D D

2