Protection of Animals (Scotland) Act 1912 (c. 14)
1912 c. 14 - continued

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Use of dogs for purposes of draught.


        8.     If any person shall use, or cause or procure, or being the owner permit, to be used, any dog for the purpose of drawing or helping to draw any cart, carriage, truck, or barrow, on any public highway, he shall be liable upon summary conviction in respect of the first offence to a fine not exceeding two pounds, and in respect of the second or any subsequent offence to a fine not exceeding five pounds.


Inspection of traps.

        9.     Any person who sets, or causes or procures to be set, any spring trap, or any snare, for the purpose of catching any hare or rabbit, or which is so placed as to be likely to catch any hare or rabbit, shall inspect, or cause some competent person to inspect, the trap or snare at least once every day, and, if any person shall fail to comply with the provisions of this section, he shall be liable upon summary conviction to a fine not exceeding five pounds.

Injured animals.

        10.—(1)  If a constable finds any animal so diseased or so severely injured or in such a physical condition that, in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty, he shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon a duly registered veterinary surgeon, if any such veterinary surgeon resides within a reasonable distance, and, if it appears by the certificate of such veterinary surgeon that the animal is mortally injured, or so severely injured, or so diseased, or in such physical condition, that it is cruel to keep it alive, it shall be lawful for the constable, without the consent of the owner, to slaughter the animal, or cause or procure it to be slaughtered, with such instruments or appliances, and with such precautions, and in such manner, as to inflict no unnecessary suffering, and, if the slaughter takes place on any public highway, to remove the carcase or cause or procure it to be removed therefrom.

    (2)  If any veterinary surgeon summoned under this section certifies that the injured animal can without cruelty be removed, it shall be the duty of the person in charge of the animal to cause it forthwith to be removed with as little suffering as possible, and, if that person fail so to do, the constable may, without the consent of that person, cause the animal forthwith to be so removed.

    (3)  Any expense which may be reasonably incurred by any police constable in carrying out the provisions of this section (including the expenses of any veterinary surgeon summoned by the constable, and whether the animal is slaughtered under this section or not) may be recovered from the owner summarily as a civil debt, and, subject thereto, any such expense shall be defrayed out of the fund from which the expenses of the police are payable in the area in whichthe animal is found.

   (4)  For the purposes of this section, the expression "animal" means any horse, mule, ass, ox, sheep, goat, or pig.


Powers of constables.


        11.—(1)  A constable may apprehend without warrant any person whom he has reason to believe (whether upon his own view or upon the complaint and information of any other person, who shall declare his name and place of abode to such constable) to be guilty of an offence under this Act which is punishable by imprisonment without the option of a fine.

   (2)  Where a person having charge of a vehicle or animal is apprehended by a constable for an offence under this Act, it shall be lawful for that or any other constable to take charge of such vehicle or animal, and to deposit the same in some place of safe custody until the termination of the proceedings or until the court shall direct such vehicle or animal to be delivered to the person charged or the owner, and the reasonable costs of such detention, including the reasonable costs of veterinary treatment where such treatment is required, shall, in the event of a conviction in respect of the said animal, be recoverable from the owner summarily as a civil debt, or, where the owner himself is convicted, shall be part of the costs of the case.


Owners to produce animals if so required.


        12.—(1)  Where proceedings are instituted under this Act, it shall be lawful for the court after reasonable notice to any person (not being the owner) against whom such proceedings are instituted, to issue a citation directed to the owner of the animal requiring him to produce either at, or at any time before, the hearing of the case, as may be stated in the citation, the animal for the inspection of the court, if such production is possible without cruelty.

    (2)  Where a citation is issued under the foregoing subsection of this section, and the owner fails to comply therewith without satisfactory excuse, he shall be liable upon summary conviction to a fine not exceeding five pounds for the first occasion, and not exceeding ten pounds for the second or any subsequent occasion, on which he so fails, and may be required to pay the costs of any adjournment rendered necessary by his failure.


Definitions.

 

 

 

 

 

 

 

 

 

 

 

53 & 54 Vict. c. 67.


        13.     In this Act, except the context otherwise requires, or it is otherwise expressly provided,—

    (a)  the expression "animal" means any domestic or captive animal;

    (b)  the expression "domestic animal" means any horse, ass, mule, ox, sheep, pig, goat, dog, cat, or fowl, or any other animal of whatsoever kind or species, and whether a quadruped or not which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man;

    (c) the expression "captive animal" means any animal (not being a domestic animal) of whatsoever kind or species, and whether a quadruped or not, including any bird, fish, or reptile, which is in captivity, or confinement, or which is maimed, pinioned, or subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement;

    (d) the expression "horse" includes any mare, gelding, pony, foal, colt, filly, or stallion; and the expression "ox" includes any cow, bullock, heifer, calf, steer, or bull, and the expression "sheep" includes any lamb, ewe, or ram; and the expression "pig" includes any boar, hog, or sow; and the expression "goat" includes a kid; and the expression "dog" includes any bitch, sapling, or puppy; and the expression "cat" includes a kitten; and the expression "fowl" includes any cock, hen, chicken, capon, turkey, goose, gander, duck, drake, guinea-fowl, peacock, peahen, swan, or pigeon;

    (e) The expression "knacker" means a person whose trade or business it is to kill any cattle not killed for the purpose of the flesh being used as butcher's meat, and the expression "knacker's yard" means any building or place used for the purpose, or partly for the purpose, of such trade or business, and the expression "cattle" includes any horse, ass, mule, ox, sheep, goat, or pig;

    (f) The word "constable" includes any constable within the meaning of the Police (Scotland) Act, 1890, and any justice of the peace, constable, or sheriff officer.


Extent of Act.


        14.     This Act shall apply to Scotland only.


Repeals.

1 & 2 Geo. 5. c. 27.


        15.—(1)  So far as applying to Scotland, the enactments mentioned in the Second Schedule to the Protection of Animals Act, 1911, are repealed to the extent mentioned in the third column of that schedule.

    (2)  The enactments mentioned in the Second Schedule to this Act are repealed to the extent mentioned in the third column of that schedule.


Commencement, saving for pending proceedings and short title.


        16.—(1)  This Act shall come into operation on the first day of January nineteen hundred and thirteen.

    (2)  This Act shall not apply where proceedings have been instituted before the commencement of this Act.

    (3)  This Act may be cited as the Protection of Animals ( Scotland ) Act, 1912; and this Act and the Protection of Animals Act, 1911, may be cited together as the Protection

 
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