Protection of Animals Act (No. 10 of 1935)

LAWS OF ANTIGUA AND BARBUDA Protection of Animals (CAP. 349 1 CHAPTER 349 T H E PROTECTION O F ANIMALS ACT Arrangement of Sections Section 1. Short title. 2 . Interpretation. 3 . Penalty for cruelty to animals. 4. Power of Court to order destruction of animal. 5. Power of Court to deprive person of ownership of animal. 6. Power of arrest. 7. Diseased or injured animals. 8. Power of Police Officers. 9. Awards to informers. PROTECTION O F ANIMALS 1011935. This Act may be cited as the Protection of Animals Act. In this Interpretation. animals" includes any domestic, captive or wild animal, either bird, beast, fish, reptile or insect; "cruelty" means cruelty within the meaning of this Act (20th March, 1935.) S.R.O. 22/1956. 1. Short title. 2. Act LAWS OF ANTIGUA AND BARBUDA 2 C A P . 349) Protection of Animals Penalty for cruelty to 3. ( 1 ) If any animals. (a) shall cruelly beat, kick, ill-treat, over-ride, over drive, over-load, torture, starve, infuriate or terrify any 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 a manner or position as to cause that animal unnecessary suffering; or ( c ) shall cause procure or assist at the fighting or baiting of any animal, or shall keep, use or manage or assist in the management of any premises or place 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 money for the admission of any person to such premises or place; or (d) shall wilfully without any reasonable cause or excuse, administer, 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 cause or procure, or being the owner, permit to be subjected, any animal to any opera tion which is performed without due care and humanity; or employs, causes or procures, or being the owner, permits to be employed in any work or labour, any animal which in consequence of any disease, infir mity, wound or sore, or otherwise is unfit to be so employed; such person shall be guilty of an offence of cruelty and shall be liable upon summary conviction to a fine not exceeding fifteen hundred dollars or alternatively or in addition thereto, person animal (J) LAWS OF ANTIGUA AND BARBUDA Protection of Animals (CAP . 349 3 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 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 permit ting cruelty by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprison ment without the option of a fine. 4. Where the owner of an animal is convicted of an to order offence of cruelty, it shall be 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 is so assigned shall as soon as possible cause such animal to be destroyed in his presence without unnecessary suffering. Any reasonable expenses incurred in destroying an animal may be ordered by the Court to be paid by the owner, and thereupon shall be recoverable sum marily as a civil debt. 5 . If the owner of any animal shall be guilty of cruelty to deprive person to it, the Court upon his conviction thereof may, if it think fit, in addition to any other punishment deprive such per son of the ownership of the animal and may make such order as to the disposal of the animal as it may 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 if left with the owner, is likely to be exposed to further cruelty. 6. (1) Where any person has been convicted of an offence under section 3, the Court may order that any animal in respect of which the offence is (a) shall not be used, or lawful animal, committed Power of Court destruction of animal. Power of Court of ownership of animal. Power of arrest. LAWS OF ANTIGUA AND BARBUDA 4 CAP. 349) Protection of Animals (b) shall be removed to and detained for treatment in some place to be specified, for such time as is stated in the order. (2) If any animal has been detained for treatment in pursuance 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 be detained, 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 Police to destroy it, such officer shall forthwith cause the animal to be humanely and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subse quent to such request. Diseased or Any magistrate, government veterinary officer, injured animals. qualified veterinary practitioner, district medical or police officer who has satisfied himself by personal (a) that an animal is diseased or injured and that the disease or injury from which the animal is suffering is incurable or that it is cruel to keep the animal alive; or ( b ) that an animal is so diseased or so severely injured or in such a physical condition that, in his opinion, having regard to the means available for remov ing 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 in the most humane manner possible: Provided that if 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. (2) The expenses in connection with the removal and burial of the of any animal so destroyed shall be paid by the owner or person in charge thereof, and the amount may be recovered summarily from such owner or person in charge as a civil debt. destroyed, 7. (1) officea inspection carcase LAWS OF ANTIGUA AND BARBUDA Protection of Animals (CAP. 349 5 8. (1) Any police officer may apprehend without war rant any person whom he has reason to believe is guilty of an offence under this Act which is punishable by imprison ment without the option a fine, whether upon his own view thereof or upon the complaint or information of any other person who shall declare his name and place of abode to such police officer. (2) Where a person having charge of a vehicle or animal is apprehended by a police officer for an offence under this Act, it shall be lawful for that or any other police officer to take charge of such vehicle or animal, and to deposit the same in some place of safe until the termination of the proceedings or until the Court shall direct or animal to be delivered to the person charged or the owner, and the reasonable costs such detention, including veterinary treatment where 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. (3) Any such officer may stop and examine in any street or public place, any animal in respect of which he suspects that an offence has been committed under section 3. 9. The Court by which any fine is imposed by virtue Awards informers. of this Act may award any portion thereof not exceeding one-half, to the informer. of custody of such sucnvehicle Power of Police Officers. to