SYNOPSIS OF OFFENCES.

CRUELTY TO ANIMALS-continued.

3. Any person who shall, from and after the 1st of January, 1855, on
any public highway, use any dog for the purpose of drawing or
helping to draw any cart, carriage, truck or barrow.
[MEM. A horse incurably diseased. The owner of a horse who
knowing it to be incurably diseased and in pain, merely omits
to have it slaughtered, commits no offence within sect. 2 of the
12 & 13 Vict. c. 92. But if he keeps the animal in such a
manner as that it is inevitably put to intense pain in moving
about a field in its efforts to graze, in order to support life, hel
thereby commits an act of cruelty, and an offence under the act
of" torturing or causing the animal to be tortured," as much
as if he had actually tortured it with his own hand. Everett
v. Davies, 38 Law T. Rep. 360; 26 W. R. 332.

4. Keeping Cockpit, &c.] Every person who shall keep-or use-or
act in the management of,-any place for the purpose of
fighting or baiting any bull, bear, badger dog, cock or other
kind of animal, whether of domestic or wild nature-or permit
or suffer any place to be so used.

[MEM. Every person receiving money for admission is to be
deemed the keeper],

or

5. In any manner encourage, aid or assist at the fighting or baiting of any bull, &c. 112 as aforesaid [i. e. in any place kept for the purpose, &c. as in Offence 4; see Clarke v. Hague, 29 L. J. (N. S.) M. C. 105; 2 Law T., N. S. 85; confirmed by Morley v. Greenhaigh, 32 L. J. (N. S.) M. C. 93; 7 Law T., N. S. 624].

6. Damaging Animal, Person or Property.] Any person by cruelly
beating, ill-treating, over-driving [over-riding, s. 29], abusing
or torturing any animal, doing any damage or injury to such
animal-or thereby causing any damage or injury to be done
to any person or to any property.

[MEM. The 24 & 25 Vict. c. 97, s. 41, provides a summary
remedy for the killing, maiming or wounding any dog, bird,
beast or other animal. See Offence 12, tit. "Malicious In-
juries," post.]

Statute.

17 & 18 Vict. c. 60, s. 2.

*12 & 13 Vict.
c. 92, s. 3
(Note 109).

Id.

Id. s. 4.

upon his own view of the offence, or upon the complaint or information of any other person, who shall declare his name and place of abode to the constable ;—and he shall then be taken before a justice, who shall examine the witnesses, &c. ;-and by sect. 19, vehicles or animals with offenders may be detained and deposited for safe custody as a security for payment of penalty to which the offender or the owner may become liable, and the justice may order the same to be sold. See Note 112, as to summoning proprietor to produce driver.

111 Appeal.] By 12 & 13 Vict. c. 92, s. 25,-" in all cases where the sum adjudged to be paid shall exceed £2,-and in all cases where imprisonment shall be adjudged,— any person who shall think himself aggrieved by any such conviction may appeal to the next court of general or quarter sessions, which shall be holden not less than 14 days after the day of such conviction for the county, borough, or other jurisdiction wherein the cause of appeal shall have arisen ;-provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and matter thereof, within 3 days after such conviction, and 7 clear days at the least before such sessions, and shall also either remain in custody until the sessions, or enter into a conditioned recognizance, with two sufficient sureties, before a justice of the peace,

personally to appear at the said sessions, and to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as shall be by the court awarded: -and upon such notice being given, and such recognizance being entered into, the justice before whom the same shall be entered into shall liberate such person, if in custody,-and the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein as to the court shall seem meet,-and in case of the dismissal or non-prosecution of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be thereby awarded, and also the costs of such appeal, or incident thereto, or occasioned thereby, and shall, if necessary, issue process for enforcing such judgment:-provided always, that it shall be lawful for the said court to adjourn the hearing of any such appeal to any succeeding sessions, if such court shall think fit; and such court, in the event of such postponement, may make any order for the payment of costs by either party to the other as to such court shall seem reasonable. See Reg. v. Justices of Warwickshire, decided on this clause, Note 7, ante, p. 256. See also 42 & 43 Vict. c. 49, ss. 31, 32.

112. Baiting Rabbits.] A match took place in a field of between three and four acres

O.S.

VOL. I.

CC

SYNOPSIS OF OFFENCES.

CRUELTY TO ANIMALS-continued.

7. Not feeding Cattle impounded.] Any person impounding or con-
fining or causing to be impounded or confined,-in any pound
or receptacle of the like nature, any animal,-refusing or
neglecting to provide and supply such animal with a sufficient
quantity of wholesome food and water.

MEM. Pound-keeper, non-liability of.] The keeper of a common
pound is not as such within the words in sect. 5 of the 12 & 13
Vict. c. 92, "a person who impounds or confines, or causes to
be impounded or confined," animals brought to his pound; he
is therefore not under an obligation to provide such animals
with food and water, nor subject to the penalty for not doing|
so. Dargan v. Davies, 46 L. J., M. C. 122; 41 J. P. 468;
25 W. R. 230; L. R., 2 Q. B. D. 118.

8. Person providing food and water to animal impounded, if the
animal be without for more than twelve successive hours.
[MEM. Instead of the penalty, the animal may be sold at public
market, giving three days' public printed notice, and the
produce applied to discharge expenses (17 & 18 Vict. c. 60,
8. 1).]

9. Improperly conveying Animals.] Any person conveying or carrying,- -or causing to be conveyed or carried,-in or upon any vehicle any animal in such a manner or position as to subject such animal to unnecessary pain or suffering.

10. Obstructing Constable or Keeper of a Pound.] Any person at any time or in any manner unlawfully obstructing, hindering, molesting or assaulting any constable or keeper of a pound while in the exercise of any power or authority under or by virtue of this act.

11. Proprietor or owner of stage carriage, cart, &c. failing to produce
his driver without any satisfactory excuse. [See Note 113, as
to proceedings against Proprietors, and fines.]

[As to Slaughtering Horses, &c., see "Horse Slaughtering,"
post, where will be found the case of Colam v. Hall.]

Statute.

12 & 13 Vict.

c. 92, s. 5 (Note 109).

Id. s. 6.

Id. s. 12.

Id. s. 20.

Id. s. 22.

as to which of two dogs could kill the greatest number of rabbits. The field was walled and paved round, so that a rabbit could not escape therefrom. The two dogs were held in a slip. A rabbit was let loose before the dogs, who ran and killed it. The appellant was convicted under this section (3) for using the field for the purpose of baiting a rabbit:-Held, that such conviction could not be supported, inasmuch as a rabbit treated in the manner described_could not be said to be baited within the meaning of the section (Pitts v. Miller, 43 L. J., M. C. 96).

113 Proprietors summoned to produce their Drivers.] By 12 & 13 Vict. c. 92, s. 22,"when any complaint shall be made before any justice of the peace against the driver or conductor of any hackney carriage,—or the driver or conductor of any stage carriage, or the driver of any cart, waggon, van or other vehicle,-for any offence committed by him against the provisions of this act, it shall be lawful for such justice, if he shall think proper, forthwith to summon the proprietor of such hackney or stage carriage or the owner of such cart, waggon, van or other vehicle, to produce before him the driver, conductor or other servant by whom such offence was committed, to answer such complaint;-and in case such proprietor or owner, after being duly sum

moned, shall fail to produce the driver, conductor or servant, it shall be lawful for the justice of the peace before whom such driver, conductor, or servant shall be required to be produced, if he shall think fit, to proceed, in the absence of such driver, conductor or servant, to hear and determine the case in the same manner as if he had been produced, and to adjudge payment, by the proprietor or owner, of any penalty or sum of money and costs in which the driver, conductor or servant shall be convicted;-and any sum of money which shall be so paid by the proprietor or owner shall and may be recovered in a summary way from the driver, conductor or servant through whose default such sum shall have been paid, upon proof of payment thereof, and of such servant's refusing or neglecting to be produced pursuant to the order of the justice, in the same manner as penalties are to be recovered under the provisions of this act." Then follows the proviso imposing the penalty for Offence 11. Vide forms in Oke's "Formulist," 6th ed. pp. 143, 144, viz.,-Summons to Proprietor to produce Driver; Order on Proprietor to pay Amount of Driver's Penalty; Complaint of Proprietor, who has paid the Penalty, against Driver, Summons and Order.

SYNOPSIS OF OFFENCES.

Statute.

CUSTOMS.

"The Customs Consolidation Act, 1876" (39 & 40 Vict. c. 36), being merely a consolidation of the various former enactments upon the subject, and all proceedings under it having to be taken by the officers of customs, it is unnecessary here to do more than refer to the statute.

CUTLERS. See 59 Geo. 3, c. 7; 2 Burn's Jus. 29th ed. pp. 236–242.

DANGEROUS GOODS. See tit. "Petroleum," post.

DEAD BODIES.

ss. 3, 4.

1. Any person finding a dead body cast on shore from the sea, by 48 Geo. 3, c. 75, wreck or otherwise, not giving notice within 6 hours thereof to one of the churchwardens or overseers of the parish where found,- -or (if found in an extra-parochial place) to the constable or head-borough,- -or causing such notice to be left at their last place of abode.

2. Churchwarden, or overseer or constable, &c. refusing,

3. Neglecting,

or

on receiving notice, to have such body removed to some con-
venient place prior to interment, for 12 hours after notice,

or

4. Not having with convenient speed the body interred in the parish churchyard.

DEALERS IN OLD METALS. [Note 115].

1. Any old metal stolen or unlawfully obtained found in the house, shop, room or place of any dealer in old metals, and seized by virtue of a search warrant [Note 116], and the dealer not proving to a justice's satisfaction how he came by the articles,

or

2. Any such dealer found in possession of any old metal which has been stolen or unlawfully obtained, it being proved to the convicting justices' satisfaction that at the time the dealer received it he had reasonable cause to believe it to have been stolen or unlawfully obtained.

[MEM. The convicting justices may order the offender to be regis-
tered as a dealer, and as to what is a sufficient "possession,"
see Note 116.]

Id. s. 7.

24 & 25 Vict.

c. 110, s. 4.

114 "DEAD BODIES:" Appeal.] To the first general or quarter sessions, after a month, giving ten days' notice of appeal and of the matter thereof to the persons appealed against, and forthwith, after such notice, entering into a recognizance before some justice of the county, &c., with sufficient sureties, to try appeal, &c. See 42 & 43 Vict. c.49, ss.31,32. 115 "DEALERS IN OLD METALS:" Definitions of "Dealer in Old Metals” and “Old Metals"-Costs of carrying out Act.] By this act, "The Old Metal Dealers Act, 1861," the term "dealer in old metals" shall mean any person dealing in, buying and selling old metal, scrap metal, broken metal, or partly manufactured metal goods, or defaced or old metal goods, and whether such person deals in such articles only, or together