1.--(1) If any person--
      (a) shall cruelly beat, kill, ill-treat, over-ride, over-drive, over-load,
           torture, infuriate, or terrify any animal, or shall cause or procure,
           or, being the owner, permit any animal, to be so used, or shall by
           wantonly or unreasonably doing or omitting to do any act, or
           causing or procuring the commission or omission of any act,
           cause any unnecessary suffering, or, being the owner, permit any
           unnecessary suffering to be so caused to any animal; or
      (b) shall convey or carry, or cause or procure, or, being the owner,
           permit to be conveyed or carried, any animal in such manner or
           position as to cause that animal any unnecessary suffering; or
      (c) shall cause, procure, or assist at the fighting or baiting of any animal;
           or shall keep, use, manage, or act or assist in the management of,
           any premises or place for the purpose, or partly for the purpose of
           fighting or baiting any animal, or shall permit any premises or place
           to be so kept, managed, or used, or shall receive, or cause or procure
           any person to receive, money for the admission of any person to such
           premises or place; or
      (d) Shall wilfully without any reasonable cause or excuse, administer, or
           cause or procure, or being the owner permit, such administration of,
           any poisonous or injurious drug or substance to any animal, or shall
           wilfully, without any reasonable cause or excuse, cause any such
           substance to be taken by any animal; or
      (e) Shall subject, or cause or procure, or being the owner permit, to be
           subjected , any animal to any operation which is performed without
           due care and humanity;
such person shall be guilty of an offence of cruelty within the meaning of this
Act, and shall be liable upon summary conviction to a fine not exceeding
twenty-five pounds, or alternatively, or in addition thereto, to be imprisoned,
with or without hard labour, for any term not exceeding six months.

    (2) For the purposes of this section, an owner shall be deemed to have
permitted cruelty within the meaning of this Act if he shall have failed to
exercise reasonable care and supervision in respect of the protection of
the animal therefrom:
    Provided that, where an owner is convicted of permitting cruelty within
the meaning of this Act by reason only of his having failed to exercise such
care and supervision, he shall not be liable to imprisonment without the option
of a fine.

    (3) Nothing in this section shall render illegal any act lawfully done under
the Cruelty to Animals Act, 1876, or shall apply--
      (a) to the commission or omission of any act in the course of the
           destruction, or the preparation for destruction, of any animal as food
           for mankind, unless such destruction or such preparation was
           accompanied by the infliction of unnecessary suffering; or
      (b) to the coursing or hunting of any captive animal, unless such animal is
            liberated in an injured, mutilated, or exhausted condition; but a captive
            shall not, for the purposes of this section, be deemed to be coursed or
            hunted, before it is liberated for the purpose of being coursed or hunted,
            or after it has been recaptured, or if it is under control.

   2. Where the owner of an animal is convicted of an offence of cruelty within
the meaning of this Act, it shall be lawful for the court, if the court is satisfied
that it would be cruel to keep the animal alive, to direct that the animal be
destroyed, and to assign the animal to any suitable person for that purpose; and
the person to whom such animal so assigned shall, as soon as possible,
destroy such animal, or cause or procure such animal to be destroyed, in his
presence without unnecessary suffering.
   Any reasonable expenses incurred in destroying the animal may be ordered
by the court to be paid by the owner, and thereupon shall be recoverable
summarily as a civil debt:
   Provided that, unless the owner assent, no order shall be made under this
section except upon the evidence of a duly registered veterinary surgeon.

   3. If the owner of any animal shall be guilty of cruelty within the meaning
of this Act to the animal, the court, upon his conviction thereof, may, if they
think fit, in addition to any other punishment, deprive such person of the
ownership of the animal, and may make such order as to the disposal of the
animal as they think fit under the circumstances;
   Provided that no order shall be made under this section, unless it is shown
by evidence as to a previous conviction, or as to the character of the owner,
or otherwise, that the animal, if left with the owner, is likely to be exposed
to further cruelty.

   4. If any person shall, by cruelty within the meaning of this Act to any
animal, do or cause to be done, any damage or injury to the animal or any
person or property, he shall, on conviction for the cruelty under this Act,
be liable upon the application of the person aggrieved to be ordered to pay
as compensation to the person who shall sustain damage or injury as
aforesaid, such sum not exceeding ten pounds as the court before whom he
is convicted may consider reasonable; and such sum shall be recoverable
summarily as a civil debt by the person to whom it is ordered to be paid:
   Provided that this section shall not--
      (a)  prevent the taking of any other legal proceedings in respect of any
            such damage or injury, so that a person be not twice proceeded
            against in respect of the same claim; nor
      (b) affect the liability of any person to be punished under this Act for an
            offence of cruelty within the meaning of this Act:
   Provided further that a person shall not be ordered to pay any sum as
compensation under this section unless he had reasonable notice of the
application to be made by the person aggrieved, including notice of the
amount claimed.

   5.--(1) No person shall keep or use any building or place as a knacker's
yard without first taking out a licence for that purpose, which licence every
sheriff within his own county is hereby authorised to grant, upon being
satisfied that the person applying for such licence is a proper person for
keeping such yard, and upon payment of a sum not exceeding five shillings
to the sheriff clerk for making out and recording such licence; and a copy
of such licence shall be recorded in the sheriff clerk's books; and any person
shall at all reasonable hours be entitled to inspect such books and to make
any extract relating to such licence therefrom, upon payment to the sheriff
clerk of six pence for such inspection and extract; and any person
contravening this provision shall be liable upon summary conviction to a
penalty not exceeding five pounds.

    (2) Every person who shall carry on, or assist in carrying on, the trade
or business of a knacker shall observe and conform to the regulations set
out in the First Schedule to this Act, and, if any person, carrying on or
assisting in the carrying on of the said trade or business, contravenes or
fails to comply with, or causes or procures or permits any contravention
or non-compliance with, any such regulation, he shall be liable upon
summary conviction to a fine not exceeding ten pounds.

    (3) Any constable shall have a right to enter any knacker's yard at any
hour by day, or at any hour when business is or apparently is in progress
or is usually carried on therein, for the purpose of examining whether there
is or has been any contravention of or non-compliance with the provisions
of this Act, and, if any person refuses to permit any constable to enter any
premises which he is entitled to enter under this section, or obstructs or
impedes him in the execution of his duty under this section, he shall, upon
summary conviction, be liable to a fine not exceeding five pounds.

    (4) For the purposes of section one, which relates to offences of cruelty,
of this Act, a knacker shall be deemed to be the owner of any animal
delivered to him.

    (5) For the purposes of this Act, an animal shall be deemed to have been
delivered to a knacker if it has been delivered either to the knacker himself,
or to any person on his behalf, or at the knacker's yard.

   6.--(1) It shall not be lawful for any person who shall be licensed to
slaughter horses, during the time while such licence shall be in force, to carry
on the trade or business of a dealer in horses.

    (2) If any person shall Act in contravention of this section, he shall be
liable upon summary conviction to a fine not exceeding ten pounds.

   7. If any person --
      (a) shall sell, or offer or expose for sale, or give away, or cause or procure
           any person to sell or offer or expose for sale or give away, or knowingly
           be a party to the sale or offering or exposing for sale or giving away of
           any grain or seed which has been rendered poisonous except for bonâ
           fide use in agriculture; or
     (b) shall knowingly put or place, or cause or procure any person to put or
           place, or knowingly be a party to the putting or placing, in or upon any
           land or building any poison, or any fluid or edible matter (not being
           sown seed or grain) which has been rendered poisonous;

such person shall, upon summary conviction, be liable to a fine not exceeding
ten pounds:

     Provided that, in any proceedings under paragraph (b) of this section, it
shall be a defence that the poison was placed by the accused for the purposes
of destroying vermin, where such is found to be necessary in the interests of
the public health, agriculture, or the preservation of other animals, domestic
or wild, or for the purpose of manuring the land, and that he took all
reasonable precautions to prevent access thereto of dogs, cats, fowls, or
other domestic animals.

   8. If any person shall use, or cause or procure, or being the owner permit, to
be used, any dog for the purpose of drawing or helping to draw any cart,
carriage, truck, or barrow, on any public highway, he shall be liable upon
summary conviction in respect of the first offence to a fine not exceeding two
pounds, and in respect of the second or any subsequent offence to a fine
not exceeding five pounds.

   9. Any person who sets, or causes or procures to be set, any spring trap,
or any snare, for the purpose of catching any hare or rabbit, or which is so
placed as to be likely to catch any hare or rabbit, shall inspect, or cause some
competent person to inspect, the trap or snare at least once every day, and,
if any person shall fail to comply with the provisions of this section, he shall
be liable upon summary conviction to a fine not exceeding five pounds.

   10.--(1) If a constable finds any animal so diseased or 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, he shall, if the owner is absent or refuses to consent to the destruction of the animal, at once summon a duly registered veterinary
surgeon, if any such veterinary surgeon resides within a reasonable distance,
and, if it appears by the certificate of such veterinary surgeon that the animal
is mortally injured, or so severely injured, or so diseased, or in such physical condition, that it is cruel to keep it alive, it shall be lawful for the constable,
without the consent of the owner, to slaughter the animal, or cause or procure
it to be slaughtered, with such instruments or appliances, and with such
precautions, and in such a manner, as to inflict no unnecessary suffering,
and, if the slaughter takes place on any public highway, to remove the carcass
or cause or procure it to be removed therefrom.

    (2) If any veterinary surgeon summoned under this section certifies that the
injured animal can without cruelty be removed, it shall be the duty of the
person in charge of the animal to cause it forthwith to be removed with as little
suffering as possible, and, if that person fail so to do, the constable may,
without the consent of that person, cause the animal forthwith to be so
removed.

    (3) Any expense which may be reasonably incurred by any police constable
in carrying out the provisions of this section (including the expenses of any
veterinary surgeon summoned by the constable, and whether the animal is
slaughtered under this section or not) may be recovered from the owner
summarily as a civil debt, and, subject thereto, any such expense shall be
defrayed out of the fund from which the expenses of the police are payable
in the area in which the animal is found.

    (4) For the purposes of this section, the expression "animal" means any
horse, mule, ass, ox, sheep, goat, or pig.

   11.--(1) A constable may apprehend without warrant any person whom he
has reason to believe (whether upon his own view or upon the complaint and
information of any other person, who shall declare his name and place of
abode to such constable) to be guilty of an offence under this Act which is punishable by imprisonment without the option of a fine.

    (2) Where a person having charge of a vehicle or animal is apprehended by a
constable for an offence under this Act, it shall be lawful for that or any other constable to take charge of such vehicle or animal, and to deposit the same in
some place of safe custody until the termination of the proceedings or until the
court shall direct such vehicle or animal to be delivered to the person charged
or to the owner, and the reasonable costs of such detention, including the
reasonable costs of veterinary treatment where such treatment is required,
shall, in the event of a conviction in respect of the said animal, be recoverable
from the owner summarily as a civil debt, or, where the owner himself is
convicted, shall be part of the costs of the case.

   12. --(1) Where proceedings are instituted under this Act, it shall be lawful
for the court after reasonable notice to any person (not being the owner)
against whom such proceedings are instituted, to issue a citation directed to
the owner of the animal requiring him to produce either at, or at any time
before, the hearing of the case, as may be stated in the citation, the animal
for the inspection of the court, if such production is possible without cruelty.

    (2) Where a citation is issued under the foregoing subsection of this section,
and the owner fails to comply therewith without satisfactory excuse, he shall
be liable upon summary conviction to a fine not exceeding five pounds for the
first occasion, and not exceeding ten pounds for the second or any subsequent
occasion, on which he so fails, and may be required to pay the costs of any
adjournment rendered necessary by his failure.

   13. In this Act, except the context otherwise requires, or it is otherwise
expressly provided,--
   (a) the expression "animal" means any domestic or captive animal;
   (b) the expression "domestic animal" means any horse, ass, mule, ox, sheep,
        pig, goat, dog, cat, or fowl, or any other animal of whatever kind or
        species, and whether a quadruped or not which is tame or which has been
        or is being sufficiently tamed to serve some purpose for the use of man;
   (c) the expression "captive animal" means any animal (not being a domestic
        animal) of whatsoever kind or species, and whether a quadruped or not,
        including any bird, fish, or reptile, which is in captivity, or confinement,
        or which is maimed, pinioned, or subjected to any appliance or
        contrivance for the purpose of hindering or preventing its escape from
        captivity or confinement;
   (d) the expression "horse" includes any mare, gelding, pony, foal, colt, filly,
        or stallion;
        and the expression "ox" includes any cow, bullock, heifer, calf, steer or
        bull;         
        and the expression "sheep" includes any lamb, ewe, or ram;
        and the expression "pig" includes any boar, hog, or sow;
        and the expression "goat" includes a kid;
        and the expression "dog" includes any bitch, sapling, or puppy;
        and the expression "cat" includes a kitten;
        and the expression "fowl" includes any cock, hen, chicken, capon, turkey,
        goose, gander, duck, drake, guinea-fowl, peacock, peahen, swan or
        pigeon;
   (e) The expression "knacker" means a person whose trade or business it is
        to kill any cattle not killed for the purpose of the flesh being used as
        butcher's meat,
        and the expression "knacker's yard" means any building or place used
        for the purpose, or partly for the purpose, of such trade or business,
        and the expression "cattle" includes any horse, ass, mule, ox, sheep, goat,
        or pig;
   (f) The word "constable" includes any constable within the meaning of the
        Police (Scotland) Act, 1890, and any justice of the peace, constable,
        or sheriff officer.

   14. This Act shall apply to Scotland only.

   15.--(1) So far as applying to Scotland, the enactment's mentioned in the
Second Schedule to the Protection of Animals Act, 1911, are repealed to
the extent mentioned in the third column of that schedule.
    (2) The enactment's mentioned in the Second Schedule to this Act are
repealed to the extent mentioned in the third column of that schedule.

   16.--(1) This Act shall come into operation on the first day of January
nineteen hundred and thirteen.
    (2) This Act shall not apply where proceedings have been instituted before
the commencement of this Act.
    (3) This Act may be cited as the Protection of Animals (Scotland) Act, 1912;
and this Act and the Protection of Animals Act, 1911, may be cited together
as the protection of Animals Acts, 1911 and 1912.