A short account of the act for the better prevention of cruelty to animals (39 & 40 Vict. c. 77) / by Stephen Paget.
- Date:
- 1891
Licence: Public Domain Mark
Credit: A short account of the act for the better prevention of cruelty to animals (39 & 40 Vict. c. 77) / by Stephen Paget. Source: Wellcome Collection.
Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.
20/34 (page 18)
![1'rosecution of ofiences and recovery of penalties in Scotland. Prosecution of offences and recovery of penalties in Ireland. Power of offender in Ireland to elect to be tried on indictment, and not by summary jurisdiction. Interpretation of '' the Sec- retary of State as to Ireland. Prosecution only with leave of Secre- tary of State. Not to apply to invertebrate animals. costs to be paid by either party as the court thinks just. 17. In Scotland, ofifences against this Act may be prose- cused and penalties under this Act recovered under the provisions of the Summary Procedure Act, 1864, or if a ])erson accused of any offence against this Act in respect of which a penalty of more than five pounds can be imposed, on appearing before a court of summary jurisdiction, declare that he objects to being tried for such offence in the court of summary jurisdiction, proceedings may be taken against him on indictment in the Court of Justiciary in Edinburgh or on circuit. Every person found liable in any penalty or costs shall be liable in default of immediate payment to imprisonment for a term not exceeding three months, or until such penalty or costs are sooner paid. 18. In Ireland, offences against this Act may be prose- cuted and penalties under this Act recovered in a summary manner, subject and according to the provisions with respect to the prosecution of offences, the recovery of penalties, and to appeal of the Petty Sessions (Ireland) Act, 1851, and any Act amending the came, and in Dublin of the Acts regulating the powers of justices of the peace or of the police of Dublin metropolis. All penalties recovered under this Act shall be applied in manner directed by the Fines (Ireland) Act, 1871, and any Act amending the same. 19. In Ireland, where a person is accused before a court of summary jurisdiction of any offence against this Act in respect of which a penalty of more than five pounds can be imposed, the accused may, on appearing before the court of summary jurisdiction, declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence, and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly. 20. In the application of this Act to Ireland the term the Secretary of State shall be construed to mean the Chief Secretary to the Lord Lieutenant of Ireland for the time being. 21. A prosecution under this Act against a licensed person shall not be instituted except with the assent in writing of the Secretary of State. 22. This Act shall not apply to invertebrate animals.](https://iiif.wellcomecollection.org/image/b21975255_0020.jp2/full/800%2C/0/default.jpg)