Page:Halsbury Laws of England v1 1907.pdf/636

 — 414

Animals.

Sect.

2.

Special Offences.

Punishment.

unlawfully to administer to or cause to be administered to or taken by any horse, cattle, or domestic animal, any poisonous or injurious drug or substance, unless he can show some reasonable cause or excuse for so doing (i).

The offender

on

summary

conviction

two month's imprisonment, with or without hard labour, for a first offence, and to three months' imprisonment for a second or subsequent offence (l). These provisions do not affect any other liability of an offender in respect of the same acts, but he cannot be punished more than justices

{k)

is

liable

to a penalty not exceeding

hve pounds, or

before

to a

once for the same offence (m). Sect. Punishment.

sation.

Imprison-

ment

in

default.

Apprehension of offenders.

Penalties

and Procedure.

889. Except where otherwise stated, the penalty for any of the above offences under the Act of 1849 is " a fine not exceeding five pounds for every offence," to which is added a provision that if the conviction takes place before two justices or before a metropolitan police magistrate, they or he may, instead of imposing a pecuniary penalty, commit the offender for any term not exceeding three months with or without hard labour {n). An offender against the provisions relatinj]^ to wild animals in captivity may be proceeded against under the Summary Jurisdiction Acts, and the penalty is three months' imprisonment with or without hard labour, or a fine not exceeding five pounds or imprisonment in default of

Compen-

3.

payment

(o).

890. Where an offender is convicted of cruelty (within the meaning of sect. 2 of the Act of 1849) which causes damage or injury to any animal, or damage or injury to any person or property, he may be ordered to pay compensation up to the sum of ten pounds. The payment of such compensation, or imprisonment for the non-payment thereof, is not to affect the punishment for the offence itself, nor to prevent a civil action being brought where the amount of damage is not sought to be recovered under the Act {p). Wherean offender is convicted, and does not pay the penalty or the amount awarded as compensation, together with the costs, within such time as the magistrate appoints, the magistrate is required to commit him to prison with or without hard labour for any time not exceeding two calendar months, unless payment be sooner made (q). 891. Any constable, upon any of the offences against the principal Act being committed within his view, or upon complaint and information of any person who declares his or her name and place of abode,

{k)

Drugging of Animals Act, 1876 I hid., s. 4.

(l)

Ibid.,

(*)

(39

&

40 Yict.

c.

13), ss. 1, 2.

s. 1.

(m) Ibid.,

s.

3

Cruelty to Animals Act, 1849 (12 & 13 Yict. c. 92), s. 18. (o) Wild Animals in Captivity Protection Act, 1900 (63 & 64 Yict. c. 33), s. 3. (p) Cruelty to Animals Act, 1849 (12 & 13 Yict. c. 92), s. 4. See as to such

{n)

o:ffences, p. 409, ante, {q) Ibid., s. 18.