1Stray dogs may detained and sold or destroyed.

From and after the passing of this Act any police officer or constable may take possession of any dog that he has reason to suppose to be savage or dangerous straying on any highway, and not under the' control of any person, and may detain such dog until the owner has claimed the same, and paid all expenses incurred by reason of such detention.

Where the owner of any dog taken possession of by any constable is known, a, letter, stating the fact of such dog having been taken possession of, shall be sent by post or otherwise to the owner at his usual or last known place of abode.

When any dog taken in pursuance of this Act has been detained for three clear days where the owner is not known as aforesaid, or for five clear days where lie is so known, without the owner claiming the same, and paying all expenses incurred by its detention, the chief officer of police of the district in which such dog was found may cause such dog to be sold or

Any moneys arising from the sale of any dogs hi pursuance of this section shall be paid to the account of the local rate, and be applied to the purposes to which that rate is applicable.

All dogs detained under this section shall be properly fed and maintained at the expense of the local rate.

2Dangerous dogs may be destroyed.

Any court of summary jurisdiction may take cognizance of a complaint that a dog is dangerous, and not kept under proper control, and if it appears to the court having cognizance of such complaint that such dog is dangerous, the court may make an order in a summary way directing the dog to he kept by the owner under proper control or destroyed, and any person failing to comply with suck order shall be liable to a penalty not exceeding twenty shillings for every day during which be fails to comply with such order.

3Restriction upon dogs being large if at danger from mad dogs is apprehended.

The local authority may, if a mad dog or a dog suspected of being mad is found within their jurisdiction, make, and when made vary or revoke, an order placing such restrictions as they think expedient on all dogs not being under the control of any person, during such period as may be prescribed in such order throughout the whole of their jurisdiction, or such part thereof as may he prescribed in such order.

Any person who acts in contravention of any order made in pursuance of this section shall be liable to a penalty not exceeding twenty shillings.

Due notice of such order shall be published, at the expense of the local

The provisions in this Act contained as to the detention and sale or destruction of dogs found straying on the highway shall apply-to dogs found at large in contravention of any order made in pursuance of this section.

4Penalty-how to be recovered.

In England and Ireland any penalty under this Act maybe recovered in manner provided by the Summary Jurisdiction Acts, and in Scotland all such penalties shall be prosecuted and recovered before a court of summary jurisdiction, under the provisions of the Summary Jurisdiction Act, 1864.

5Definition of terms.

In this Act,—

• For the purposes of this Act and in reference to the districts mentioned in the first column of the schedule annexed hereto, " local authority " and "local rate " mean the bodies of persons mentioned in the second column and the rate mentioned in the third column of the said schedule:

• " Summary Jurisdiction Acts " mean as follows :

  • As to England, the Act of the session of the eleventh and - twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance "of the duties of justices of the peace out of sessions within " England and Wales with respect to summary convictions " and orders," and any Acts amending the same;

  • As to Scotland, "The Summary Procedure Act, 1864;"

  • As to Ireland, within the police district of Dublin metropolis, the Acts regulating the powers and "duties of justices of the pence for such district, or of the police o: such district; and elsewhere in Ireland; " The Petty Sessions (Ireland) Act, 1851," and any Act amending the same:

• " Court of summary jurisdiction " means, in England and Ireland, any two justices of the peace or any metropolitan stipendiary or other magistrate empowered by law. to do alone or with others any act' authorised to be done by more than one .dice of the peace ; and in Scotland, any justice or justices 'of the peace, sheriff or sheriff substitute, police or other magistrate, or officer, by whatever, name called, to " whom jurisdiction is given, or proceedings before whom may be regulated, by the Summary Jurisdiction Acts or any Acts therein referred to:

• The expression " police district " means,—

  • In England,—

    1.

    The city of London and the liberties thereof;

    2.

    The metropolitan police district;

    3.

    Any county, riding, part, division, or liberty of a county, borough, city, town, place, or union, or combination of places maintaining a separate police force; and all the police under one chief constable shall be deemed to constitute one force for the purposes of this definition :

  • In Scotland,—

    • Any area maintaining a separate police force, and all the police under one chief constable shall be deemed to constitute one force for the purposes of this definition :

  • In Ireland,—

    1.

    The police district of Dublin metropolis ;

    2.

    Any district, whether city, town, or country, over which is appointed a sub-inspector of the Royal Irish Constabulary :

• The expression " chief officer of police " means,—

  • In England,—

    1.

    In the city of London and the liberties thereof, the Commissioner of City Police;

    2.

    In the metropolitan police district, the Commissioner of Police of the Metropolis;

    3.

    Elsewhere, the chief constable, or head constable, or other officer, by whatever name called, having the chief command of the police in the police district in reference to which such expression occurs :

  • In Scotland,—

    • The chief constable, superintendent of police, or other officer, by whatever name called, having the chief command of the police in the police district in reference to which such expression occurs :

  • In Ireland,—

    1.

    In the police district of Dublin metropolis, either of the commissioners of police for the said district;

    2.

    In any other police district, the sub-inspector of the Royal Irish Constabulary:

• Any act or thing by this Act authorised to be done by the chief officer of police may be done by any person authorised by him in that behalf:

• " Highway " includes any street or any place of public resort.

6Saving of Local Acts and of sect. 18 of 30 & 31 Vict. c.134.

This Act shall not affect the powers contained in the eighteenth section of the Metropolitan Streets Act, 1867, or in any local or other Act of Parliament for the same or like purposes; and in places where any such local or other Act is in force, proceedings may be taken under such local or other Act, or under this Act, as may be deemed expedient.

7Short title.

This Act may be cited as " The Dogs Act, 1871."