Page:Halsbury Laws of England v1 1907.pdf/639

 —

Ckuelty to Animals.

Part VIII. or knowledge useful alleviating suffering.

to

—

them

for

417

saving or prolonging

life,

or

Experiments may be performed without anaesthetics, on a certificate being given that insensibility cannot be produced without necessarily frustrating the object of such experiments; and without the necessity of killing the animal before it recovers from the anaesthetic, on a certificate being given that so killing the animal would necessarily frustrate the object of the experiment, provided that the animal is killed as soon as the object is attained. Experiments not directly for the advancement by new discovery of physiological knowledge or of knowledge useful for saving or prolonging life or alleviating suffering, but for testing such previous discoveries, may be performed on a certificate being given that such testing is absolutely necessary for the effectual advancement of

Sect.

4*

Vivisection.

Experiments without anaesthetics,

or without killing the

animal.

Experiments to test former discovery.

such knowledge.

897. Dogs, cats, horses, asses, and mules are further specially pro- Special on No experiment may be performed upon a dog or cat with- restrictions experiments out anaesthetics, except on a certificate being given stating, in addition on dogs, cats to the statements already mentioned, that the object of the experi- etc. ment will be necessarily frustrated unless it is performed on an animal similar in constitution and habits to a cat or dog, and that no other animal is available and an experiment calculated to give pain may not be performed on any horse, ass or mule, except on a similar certificate stating that the object of the experiment will be necessarily frustrated unless it is performed upon a horse, ass or mule, and that no other animal is available (l). Exhibitions to the general public (whether admitted on payment Public exhibition of or gratuitously) of experiments on living animals which are calculated experiments to give pain are illegal. Any person performing or aiding in perform- illegal. ing such experiments is guilty of an offence and liable on a first offence to a penalty of fifty pounds, and on a subsequent offence to a penalty of one hundred pounds or three months' imprisonment. Any person publishing any notice of any such intended exhibition is liable to a penalty of one pound. A person punished under this section cannot be punished under any other section for the same offence (m).

tected.



Sub-Sect.

2.

Procedure.

898. The power to grant licences is vested in the Secretary of State {i.e., the Home Secretary), who may insert a provision in any licence granted that the place where any experiment is to be performed by the licensee must be registered as directed by order and approved by

him (n). The Secretary

of State may also license any person whom he may think qualified, and for so long as he thinks fit, and may revoke the licence if satisfied that it ought to be revoked. He may annex to the licence any conditions which he thinks expedient, and which are not inconsistent with the provisions of the Act (o). {I)

Cruelty to Animals Act, 1876 (39

(m) Ibid., {n) Ibid., section. (o) Ibid.,

H.L.

—

I.

s.

&

40 Vict.

c.

77),

s. 5.

6.

s. 7.

No

general or special orders have yet been issued under this

s. 8.

E E

Licences.