Page:Halsbury Laws of England v1 1907.pdf/634

 — Animals.

412 Sect.



1.

General Offences.

Turning a mare into a field where its grazing must involve torture, instead of tending it in a stable, has been held to be torture within the Act ip) Causing cows to be overstocked with milk (q) and, in Scotland, allowing a horse to remain in a cab exposed and hungry (r) have been held to be offences under this Act. If a man begins to kill an animal he must kill it outright to allow it to linger in pain is cruelty (s). It may be observed that the language of the more recent Wild Animals in Captivity Act, 1900, is in many of its phrases wider than in the principal Act, and is designed to meet some of the points mentioned above in the case of captive wild animals. Moreover, not only acts, but omissions, which cause cruelty are made offences under the later Act..



Sect. Special offences.

Bull-baiting, cock-fighting etc.

2.

Special Offences.

883. In addition to the main offence created by sect. 2 of the Act of 1849 {t), several other specific offences of cruelty are provided for, and penalties imposed in each case.

884. To keep, use, or act in the management of any place for the purpose of fighting or baiting {u) any bull, bear, badger, dog, cock, or other kind of animal, whether of domestic or wild nature, is an offence rendering the offender liable to a penalty not exceeding five pounds for every day on which the offence is committed and any person encouraging, aiding, or assisting (w) at such fighting or baiting is liable to a penalty not exceeding five pounds for each offence.

Every person who receives money for admission be deemed to be the keeper thereof (x).

to

any such place

is to

885. As to the offence of not feeding and watering impounded and the power of others to do so and to recover the expenses

Neglecting

impounded cattle.

cattle,

by Slaughterer' licence.

sale of the cattle or otherwise, see above, (y).

886. The provision and regulation of places for the slaughter of and horses are the subject of various statutory enactments, and of bye-laws made by local authorities {z). So far as the subject

cattle

approved in Hooker trespassing

dog,

see

v.

Gray (1907), 23 T. L. E. 472. As to wounding a Armstrong v. Mitchell (1903), 19 T. L. E. 525.

also

See p. 395, ante. (p) Everitt V. Davies (1878), 38 L. T. 361. R. V. CaUe, [1906] 1 K. B. 719. (r) Anderson v. Wood (1881), 9 Ct. Sess., 4th series, Just. Cas. 6. (s) Adcock V. Murrell (1890), 54 J. P. 776. {t) See p. 409, ante. {u) Cruelty to Animals Act, 1849 (12 & 13 -Vict. c. 92), s. 3. Turning out rabbits before dogs in a place where they cannot escape is not "baiting" {Pitts {q)

Millar (1874), L. E. 9 Q. B. 380). {w) The offence of encouraging, aiding, and assisting under this part of the section can only occur at a "place " mentioned in the former part of it. See Clarke v. Hague (1860), 29 L. J. (M. C.) 105; Morleij v. Greenhalgh (1863), 3 B. & S. 374. (x) Cruelty to Animals Act, 1849 (12 & 13 Yict. c. 92), s. 3. {y) See p. 384, ante. V.

(z)

to

See the Knackers Act, 1786 (26 Geo. 3, c. 71), which does not now apply Act, 1891 (54 & 55 Yict. c. 76), s. 142)

London (Public Health (London)