Animals may be divided into--
(1) Domestic animals, such as dogs, horses, cows, etc., sometimes called animals mansuet' natur'. See White v. Fox, 48 TLR 641.
(2) Animals that are naturally dangerous, i.e., wild beasts, such as lions, bears, etc.
(3) Animals fer' natur', butharmless, such as hares, pheasants, partridges, etc. see FER' NATUR' and GAME.
Animals of the first or second class are ordinary subjects of property in this country. But there is no property in those of the third class until they are caught or reclaimed. As to the liability of the owner for mischief done by a wild beast, or by a vicious domestic animal, see MISCHIEVOUS ANIMAL.
Dogs. As to injury by dogs and seizure of stray dogs, see DOG.
Malicious Damage. By the Malicious Damage Act, 1861, s. 40, the unlawful and malicious killing, maiming, or wounding of cattle is made a felony. And by s. 41, the unlawful and malicious killing or wounding any animal not being cattle, but being the subject of larceny at Common Law, or being ordinarily kept in a state of confinement, or for any domestic purpose, is punishable by imprisonment and fine (Larceny Acts, 1861, s. 21 (unrepealed) and 1916, s. 1 (3). See POACHING, GAME.
Cruelty. By the (English) Protection of Animals Act, 1911 (1 & 2 Geo. 5, c. 27), amended by the Act of 1912 (2 & 3 Geo. 5, c. 17), 1921 (11 & 12 Geo. 5, c. 14), and 1927 (17 & 18 Geo. 5, c. 27), various earlier statutes are repealed and further provision made for the punishment of persons guilty of cruelty to domestic or captive animals, and the Court is empowered to order the destruction of the animal where necessary, and to deprive any person convicted of cruelty of the ownership of the animal.
And by the (English) Protection of Animals (Cruelty to Dogs) Act, 1933 (23 & 24 Geo. 5, c. 17), the Court is empowered to disqualify from keeping dogs persons convicted of cruelty to them. The Performance of Animals Acts, 1925 and 1934 (24 & 25 Geo. 5, c. 21), prohibit certain contests, performances and exhibitions with animals. As to poultry, see the (English) Poultry Act, 1911 (1 & 2 Geo. 5, c. 11). The (English) Animals (An'sthetic) Act, 1919, makes the administration of an an'sthetic to horses, dogs, cats and bovines compulsory when specified operations are performed; but see VIVISECTION and the provisions of the Diseases of Animals Act, 1894-1935. As to Scotland see the (English) Protection of Animals (Scotland), Act, 1912 (2 & 3 Geo. 5, c. 14).
Diseases. The subject of the diseases, including exportation, importation, quarantine, of animals, is dealt with in a series of statutes known together as the (English) 'Diseases of Animals Acts, 1894 to 1935.' The principal Act is that of 1894. The Acts are amended in respect of the exportation of horses by the (English) Diseases of Animals Act, 1910, and the (English) Exportation of Horses Act, 1914. The importation of cattle from Canada is regulated by the Importation of Animals Act, 1922, as amended and extended by 17 * 17 Geo. 5, c. 13; the (English) Ottawa Agreements Act, 1932 (22 & 23 Geo. 5, c. 53), and see S. R. & O., 1933, and the (English) Diseases of Animals Acts; see 25 & 26 Geo. 5, c. 31, including poultry.
Noisy Animals. The London County Council, by bye-law made in July, 1898, in pursuance of s. 23 of the Municipal Corporations Act, 1882, and s. 16 of the Local Government Act, 1888, for the Good Rule and Government of the Administrative County of London, has provided that no person shall keep any noisy animal which shall be or cause a serious nuisance to residents in the neighbourhood, but no proceeding can be taken until after the expiration of a fortnight from the date of the service of a notice, alleging a nuisance, signed by not less than three householders residing within hearing of the animal. The Public Health Act, 1936, s. 81(6), provides that local authorities may make bye-laws preventing the keeping of animals so as to be injurious to health.
Performing Animals. Restrictions on exhibition and training of performing animals is dealt with in the (English) Performing Animals (Regulation) Act, 1925 (15 & 16 Geo, 5, c. 38).
As to destructive animals (musk rats), see 22 & 23 Geo. 5, c. 12, and S. R. & O., 1933, No. 106.
See HORSES.
(4) means animals useful to human beings and includes fish and fowl, and such kinds of wild life as the Central Government may, by notification in the Official Gazette, specify, being kinds which, in its opinion, it is desirable to protect or preserve. [Insecticides Act., 1968 (46 of 1968), s. 3 (a)]
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