Page:Halsbury Laws of England v1 1907.pdf/637

 —

.

Part VIII.— Cruelty to Animals.

415

may

Sect. 3. seize the offender and without other authority convey him Penalties before a justice of the peace to be dealt with (?•). and If the constable takes an offender having charge of any vehicle or animal into custody, he may take charge of the vehicle or animal Procedure, and deposit it in a safe place as security for any penalty to which Detention of the offender or the owner may be liable, and for payment of expenses vehicles and necessarily incurred for keeping it. The justice may order it to be sold to satisfy the penalty and expenses (s). It is also made a special offence, under a penalty of five pounds, at Penalty for any time or in any manner unlawfully to obstruct, hinder, molest, ^onstablesetc or assault any constable or keeper of a pound while in the exercise of any power or authority under the Act (t).

of

892. Where a complaint is made against the driver or conductor any hackney carriage or stage carriage or the driver of any other

may summon

Liability of

f^^^^se oT^

the proprietor to produce the offences comservant to answer the complaint. If the proprietor fail to do so, the mitted by justice may proceed to determine the case in the absence of the ^^^^^^^ defendant, and may order the proprietor to pay any penalty money vehicles etc. or costs in which the servant may be convicted. The proprietor may recover this sum in a summary way from the servant through whose default such sum shall have been paid, upon proof of payment and of such servant's refusing or neglecting to be produced. Alternatively, if the proprietor fail, without satisfactory excuse, to produce his servant, the justice may fine him forty shillings as often as he shall be summoned until he produce the servant (u). vehicle, the

justice

893. The money one half to is committed, to be the complainant or fit and proper {v) follows



recovered by way of penalties is distributed as the overseer of the parish in which the offence the other half to applied in aid of the rates such other person as to the justice shall seem

Distribution penalties,



894. Most of the special procedure provided in the principal Procedure. Act has been repealed, and the procedure is now governed by the Summary Jurisdiction Acts (x). However, the following special provisions remain in force Time of (1) Every complaint must be made within one calendar month (y), and may be heard by any justice of the peace within whose jurisdic- <^o"^pi^^'^*tion the offence is committed in a summary way {z). (2) In all cases where the sum adjudged to be paid on conviction Appeals, exceeds two pounds (a), or where imprisonment is adjudged, any person who thinks himself aggrieved by such conviction may appeal to the next Court of general or quarter sessions (h).

(r)

Cruelty to Animals Act, 1849 (12

(s)

Ibid.,

s.

19.

(t)

Ibid.,

s.

20.

(u)

Ibid.,

s.

22.

{v)

Ibid.,

s.

21.

&

13 Vict.

c.

92),

s.

13.

See title Magistrates. Exclusive of the day upon wMch the offence is committed [Radcliffe v Bartholomew, [1892] 1 Q. B. 161). (z) Craelty to Animals Act, 1849 (12 & 13 Yict. c. 92), s. 14. (a) Exclusive of costs {B. v. Warwichshire Justices (1856), 6 E. & B. 837). (b) Cruelty to Animals Act, 1849 (12 & 13 Vict. c. 92), s. 25 (.x)

{y)