222611-1935-Supplementary-Draft-Bills--Defence-Contribution-Amendment-Prevention-of-Cruelty-to-Animals — Page 7

Orders by

1774

(4) Any such officer may enter and search any building or vessel in or on board of which such officer may have reason to suspect that any offence against any of the pro- visions of this Ordinance or of any regulation made there- under is being or has been committed.

5.--(1) When any person has been convicted by a Magistrate. Magistrate of an offence under section 3 or of any regulations made under this Ordinance, the Magistrate may order that any animal in respect of which the offence has been committed-

Power to order destruction

of animals.

(a) shall not be used, or

(b) shall be removed to and detained in such place and for such time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained in any place may, instead of stating any period of time, direct that the animal shall not be used or shall be detained until it recovers, and such animal shall not be used or shall be detained, as the case may be, until a Colonial Veterinary Surgeon certifies in writing that it may properly be used or released.

(3) If any animal has been taken to any place in pur- suance of an order made under this section any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment for so long as it shall remain therein, and such fees may be recovered as a fine: Provided that, if the owner of any such animal shall request the officer in charge of the animal to destroy it, such officer shall forthwith cause the animal to be destroyed, and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request.

(4) Any person who acts in contravention of any order made under this section shall be liable on summary conviction to a fine not exceeding two hundred dollars and to imprison- ment for any term not exceeding six months.

6. Any Magistrate, Colonial Veterinary Surgeon, Food Officer, Government Medical Officer, or Police Officer not below the rank of sub-inspector who has satisfied himself by personal inspection--

(a) that an animal is so severely injured that it is cruel. to keep the animal alive, or

(b) that an animal is so severely injured or in such a physical condition that in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty and that it is cruel to keep it alive,

may by order in writing direct such animal to be destroyed, and such order may forthwith be carried out by or under the direction of such officer or of any police officer:

Provided that if any such animal is in any house, stable, shed or enclosure proper for such animal and not in a street or other public place, no such order shall be made until the owner of the animal (if present) or the person in charge thereof (if any) has been informed of the state of the animal.