ACT FOR THE ISLE OF MAN TO WIT. 17° VICT. 1852. AT a Tynwald Court holden at Saint John's Chapel, the Fifth Day of July, in the Sixteenth Year of the Reign of our Sovereign Lady VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, and in the Year of our Lord One thousand eight hundred and fifty-two, Before His Excellency the Honorable Charles Hope, LieutenantGovernor, the Council, Deemsters, and Keys. Bye-Laws for Sections 26 and An Act to prevent the cruel and improper Treatment of Animals. WHEREAS by two certain Bye-Laws duly made and enacted, bearing Date the Tenth Day of August, One thousand eight hundred and forty-six, it is provided, to Wit by the Twenty-sixth Section, "That if any Person shall, in any of the Streets, Squares, Courts, Highways, Alleys, or public Passages or Places within the said Town, cause any Dogs to fight, or abet any Dog Fight, Cock Fight, or abet the baiting of any Bull, Bear, Badger, or other Animal; every Person so offending shall, for such Offence, forfeit and pay any Sum not exceeding Twenty Shillings, at the Discretion of the Justice or High Bailiff, before whom such Offender shall be convicted ;" and secondly by the Twenty-seventh Section, "That if any Person shall, within the said Town, wantonly and cruelly abuse or maltreat any Horse, Mare, Gelding, Foal, or Filly, Bull, Cow, Heifer, Ox, Calf, Ass, Mule, Ram, Ewe, Wether, Lamb, Goat, Kid, Swine, or any Dog or Cat, or other Animal; every Person so offending shall, for such Offence, forfeit and pay any Appendix to Gell's Statute Laws, page 198. PREVENTION OF MALS. Sum, not exceeding Forty Shillings, at the Discretion ACT FOR THE of the Justice or High Bailiff, before whom such CRUELTY TO ANI. Offender shall be convicted."* And whereas it is expedient to repeal the said Two Bye-Laws. We, therefore, Your Majesty's most dutiful and loyal Subjects, the Lieutenant-Governor, Council, Deemsters, and Keys of the Isle of Man, do humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the LieutenantGovernor, Council, Deemsters, and Keys of the said Isle, in Tynwald assembled, and by the Authority of the same, That the said Two recited Bye-Laws be, Said Sections of and the same are hereby repealed, save as to any ed. Offences committed against the Provisions of the said Two recited Bye-Laws, or either of them, before the Promulgation of this Act, which Offences shall and may be dealt with, and the Offenders proceeded against and punished, as if this Act had not been passed. Bye-Laws repeal cruelly beating, any Animal to be subject to a II. And be it enacted, That if any Person shall, Any Person from and after the Promulgation of this Act, cruelly &c., or causing beat, illtreat, overdrive, abuse, or torture, or cause ill treated, &c., or procure to be cruelly beaten, illtreated, overdriven, Penalty not exabused, or tortured, any Animal; every such Offender ceeding £5. shall, for every such Offence, forfeit and pay a Penalty not exceeding Five Pounds. or suffering to be for the fighting to a Penalty not each Day. III. And be it enacted, That every Person who Persons keeping shall keep, or use, or act in the Management of any used any Place Place for the Purpose of fighting or baiting any Bull, or baiting of any Bear, Badger, Dog, Cock, or other Kind of Animal, Animals, liable whether of domestic or wild Nature, or shall permit exceeding £5 for or suffer any Place to be so used, shall be liable to a Penalty not exceeding Five Pounds, for every Day he shall so keep, or use, or act in the Management of any such Place, or permit or suffer any Place to be used as aforesaid. Provided always, That every Persons receiv Person who shall receive Money for the Admission in Money for * Appendix to Gell's Statute Laws, page 198. Admission to ACT FOR THE PREVENTION OF MALS. be deemed the Keepers thereof. of any other Person to any l'lace kept or used for any CRUELTY TO ANI- of the Purposes aforesaid, shall be deemed to be the such Places, to Keeper thereof; and every Person who shall in any Manner encourage, aid, or assist, at the fighting or baiting of any Bull, Bear, Badger, Dog, Cock, or assisting other Animal, as aforesaid, shall forfeit and pay a liable to a Penal. Penalty not exceeding Five Pounds, for every such ty not exceeding Offence. Persons encouraging, aid ing, or at such Place, £5. If Persons by cruelly beating treating any Ani age such Ani mals or injure any Person or Property, they shall, on Convic the Owner or in a Sum not exceeding £10. IV. And be it enacted, That if any Person shall, or otherwise ill- by cruelly beating, illtreating, overdriving, abusing, mals, shall dam- or torturing any Animal, do any Damage or Injury to such Animal, or shall thereby cause any Damage or Injury to be done to any Person, or to any Protion, be ordered perty; every such Offender shall, on Conviction of to compensate such Offence, pay to the Owner of such Animal, (if jured Person in the Offender shall not be the Owner thereof,) or to the Person who shall sustain Damage or Injury as aforesaid, such Sum of Money, by Way of Compensation, not exceeding the Sum of Ten Pounds, as shall be ascertained and determined by the Justice of the Peace or High Bailiff, by whom such Person shall Such Compensa- have been convicted. Provided always, That the vent the Punish- Payment of such Compensation, or any Imprisonment for the Non-payment thereof, shall not prevent, or in any Manner affect, the Punishment to which such Person, or the Owner of such Animal, may be liable for or in respect of the beating, illtreating, or abusing Parties not here- of the said Animal. Provided also, That nothing from Proceeding herein contained shall prevent any Proceeding by Action against such Offender, or the Employer of such Offender, when the Amount of Damage or Injury is not sought to be recovered under this Act. tion not to pre ment for the ill. treating, &c. by prevented by Action for Damages. Animals impounded for more than 12 Hours without V. And be it enacted, That in case any Animal shall at any Time be impounded or confined in any sufficient Food, Pound, or Receptacle of the like Nature, and shall by the Keeper of continue confined without fit and sufficient Food and Water for more than Twelve successive Hours, it by the Owner be. shall and may be lawful for the Keeper of such shall be supplied the Pound while confined, the Cost to be paid PREVENTION OF MALS. Pound, or other Receptacle of the like Nature, and ACT FOR THE he is hereby required to supply such Animal with fit CRUELTY TO ANIand sufficient Food and Water, during so long a fore the Removal Time as such Animal shall remain and continue con- of the Animal. fined as aforesaid; and the reasonable Cost of such Food and Water shall be paid by the Owner of such Animal, before such Animal is removed; and in case The Keeper of the Keeper of such Pound or other Receptacle of the like nature shall neglect to supply Food and Water to such Animal, as before mentioned, he shall, upon Conviction before a Justice of the Peace or High Bailiff, forfeit and pay, for every Offence, any Sum not exceeding Twenty Shillings. any of such Pound neg. lecting so to feed the Animals, subject to a Pe nalty of £1. Police Oficer, on on Complaint of any Person giving his Name and Offenders against this Act, and conJustice or High vey them before a Bailiff. VI. And be it enacted, That when and so often A Constable or as any of the Offences against the Provisions of this his own view, or Act shall happen, it shall and may be lawful for Constable or Police Officer, upon his own View Abode, may seize thereof, or upon the Complaint and Information any other Person, who shall declare his or her Name and Place of Abode to the said Constable or Police Officer, to seize and secure, by the Authority of this Act, any such Offender, and forthwith, without any other Authority or Warrant, to convey such Offender before a Justice of the Peace or High Bailiff, to be dealt with by such Justice or High Bailiff, for such Offence, according to Law. Bailiff may hear der this Act with after Offence ing against Offen Act. VII. And be it enacted, That any Complaint under Justice or High the Provisions of this Act shall be made within One Complaints unCalendar Month after the Cause of such Complaint in One Month shall arise; and every Offence committed against this committed. Act may be heard and determined by any Justice of Mode of Proceedthe Peace or High Bailiff within the District where ders under this such Offence shall be committed, in a summary Way, upon the Complaint of any Person, and without any Information in Writing; and it shall be lawful for any such Justice or High Bailiff, in all Cases where any Person complained of shall not be in Custody, to summon such Person to appear before such Justice or R ACT FOR THE MALS. High Bailiff, or before any other Justice of the Peace CRUELTY TO ANI- Or High Bailiff, at a Time and Place to be named in such Summons, and on the Appearance of the Party accused, or in Default of such Appearance, upon the Certificate of the Coroner or Lockman of the Service of such Summons, the said Justice or High Bailiff, or any other Justice or High Bailiff, who shall be present at the Time and Place appointed for such Appearance, shall proceed to examine into the Matter; and if, upon Confession of the Party accused, or on the Oath of One or more credible Witness or Witnesses, the Party accused shall be convicted of having committed the Offence charged or complained of, the Party so convicted shall pay such Penalty, Damage, or Compensation, as the said Justice or High Bailiff shall, according to the Provisions of this Act, adjudge, order, or award, together with the Costs of Conviction, to be settled by such Justice or High Bailiff, or be otherwise dealt with, according to the Provisions of this Act. Service of Sum mous. Warrant to apprehend may be or High Bailiff without Sum VIII. And be it enacted, That any Summons, issued by any such Justice or High Bailiff, requiring the Appearance of any Party charged as an Offender against any of the Provisions of this Act, shall be deemed and taken to be well and sufficiently served, in case either the Summons, or a Copy thereof, shall be served personally on such Person as aforesaid, or shall be left at his usual or last Place of Abode, with some Person therein. IX. And be it enacted, That any Justice of the issued by Justice Peace or High Bailiff, may, without issuing any such Summons as aforesaid, forthwith issue his Warrant for the Apprehension of any Person charged with any Offence against the Provisions of this Act, whenever good Grounds for so doing shall be stated on Oath before such Justice of the Peace or High Bailiff. mons, when good Grounds are stated on Oath. Offenders not paying Penalty may be com X. And be it enacted, That in every Case of a Conviction under this Act, when the Sum imposed as a |