Page:Halsbury Laws of England v1 1907.pdf/638

 ——



Animals.

416 Sect.

3.

No conviction, order, judgment, or proceeding under the Act be quashed for want of form, or removed by certiorari (c) into the superior Courts {d). A conviction for cruelty to a number of different animals at one time, such as five cows or sixteen heifers, discloses only one offence, and is not bad on the face of it as a conviction for separate and (3)

Penalties

and Procedure.

may

distinct offences

{e).

Sect.

4.

Vivisection.

Sub-Sect. Painful experiments

on living animals.

General restrictions.

1.

Offences.

895. No unlicensed person may perform upon a living vertebrate (/) animal any experiment calculated to give pain. Any person performing, or taking part in performing, any such experiment is liable on summary conviction to a penalty of fifty pounds for a first offence, and to a penalty of, one hundred pounds or three months' imprisonment for a second or subsequent offence (g). 896. Experiments calculated to give pain may be performed by a duly licensed (h) person on any living vertebrate animal subject to the following restrictive regulations [i) The experiment must be performed with a view to the advancement by new discovery of physiological knowledge or of knowledge which will be useful for saving or prolonging life or alleviating suffering, and by a person holding a licence from the Secretary of State and where the licence is a conditional one, or where the experiment is for the purpose of instruction, it must be performed in a registered

—

Object of experiment

and licence for person performing

it.



place.

During the whole of the experiment the animal must be under an

Use

of anaesthetics.

Experiments in medical schools etc.

anaesthetic (other than urari or curare (j) ) of sufficient power to If pain is likely to continue after the prevent its feeling pain. effect of the anaesthetic has ceased, or if any serious injury has been inflicted, the animal must be killed before it recovers from

the influence of the anaesthetic. The experiment must not be performed for the purpose of attaining manual skill, nor as an illustration of lectures in medical schools, hospitals, colleges, or elsewliere, unless a certificate (k) has been given that the proposed experiments are absolutely necessary for instruction with a view to the hearers acquiring physiological knowledge,

R

(c) See v. Chantrell (1875), L. E. 10 Q. B. 587. The point seems not to have been taken in B. v. Cable (note (e), infra). Writ of certiorari for a special case now lies from quarter sessions under the Summary Jurisdiction Act, 1879 (42 & 43 Yict. c. 49), s. 40 (see title Magistrates), so that the effect of this section is

minimised.

Act

of 1849 (12

&

13 Yict. c. 92), s. 26. 1 B. 719. See also p. 409, ante. If) Cruelty to Animals Act, 1876 (39 & 40' Vict. c. 77), s. 22. {d) (e)

ig)

B.

V. Cable,

Ibid.,

(h) I.e., ^

[1906]

K

s. 2.

by the

Home

Secretary

licences, see p. '418, pos^. (?) Ibid., s. 3. .

(j) Ibid., s. 4. {k) See ss. 10, 11, p.

418,

jpost.

(s.

8)



seep 411, post.

As

to applications for