——
— Part VIII.
Cruelty to Animals.
419
be instituted except with the assent in writing of the Secretary of State
Sect.
4.
Vivisection.
(r).
Sect.
Destruction oj Injured Animals,
5.
a police constable finds any horse, mule, ass, bull, cow. Powers of calf, sheep, goat, or swine, so diseased or so severely injured or in such a physical condition that it cannot without animafs cruelty be removed, he must, if the owner is absent or refuses to seriously consent to the destruction of the animal, at once summon a duly ^^i^^^^registered veterinary surgeon, if any such 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 a physical condition that it is cruel to keep it alive, the police constable may, without the consent of the owner, slaughter the animal or cause it to be slaughtered with such instruments or appliances, and with such precautions and in such manner as to inflict as little pain and suffering as practicable, and if in a street or public place may remove the carcase or cause it to
903.
If
heifer,
ox,
be removed {iv). Seasonable expenses of slaughtering or removing the carcase from any street or public place may be recovered from the owner summarily as a civil debt, i.e., under the Summary Jurisdiction Acts. Subject to this, the expenses incurred are defrayed out of the police fund of the area in which the animal was found {x).
Part
IX.
—
Sect.
Expenses,
Diseases of Animals. At Common Law,
1.
904. The owner or possessor of animals having an infectious or Liability for contagious disease is liable for the damage caused by their infected damage state in the following cases ?nfected'^ (1) If, knowing them to be suffering from an infectious or con- cattle, tagious disease, he does not keep them on his own premises (^) (2) If, knowing of their diseased state, he gratuitously bails them (and a fortiori if the bailment be for reward), knowing that the bailee probably will or may place them with other animals which are healthy, without warning the bailee of their diseased
state (a) (3)
If
—
he
sells
them with a warranty that they are
free
from
Cruelty to Animals Act, 1876 (39 & 40 Vict. c. 77), s. 21. Injured Animals Act, 1907 (7 Edw. 7, c. 5), s. 1 (1), See, as to procedure under the Summary Jurisdiction (x) Ihid., s. 1 (2). Under the Injured Animals Act, 189-i (57 & 58 Vict, Acts, title Magistrates. c, 22), this power existed only in the case of injury, see London Road Car Co. V. Harrison (1900), 44 Sol. J. 424, and was limited to horses, mules or {v)
{iv)
asses.
H. & C. 332. (1870), 22 L. T. 371.
(2)
Cooke V. Waring (1863), 2
(a)
Penton
v.
Murduck
