Dogs (Protection of Livestock) Act, 1960

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Number 17 of 1960.


DOGS (PROTECTION OF LIVESTOCK) ACT, 1960.


ARRANGEMENT OF SECTIONS

ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Offence with respect to worrying of livestock by dog.

3.

Seizure of dog worrying livestock.

4.

Defence in action for damages for shooting dog.

5.

Short title.

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Number 17 of 1960.


DOGS (PROTECTION OF LIVESTOCK) ACT, 1960.


AN ACT FOR THE PROTECTION OF LIVESTOCK FROM WORRYING BY DOGS. [16th June, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Interpretation.

1.—In this Act—

“agricultural land” means land used as arable, meadow or grazing land,

“livestock” means cattle, sheep, pigs, poultry or horses,

“occupier” includes a person who owns and occupies as well as a person who occupies only.

Offence with respect to worrying of livestock by dog.

2.—(1) Where a dog worries livestock on agricultural land, the owner of the dog, and, if the dog is in the charge of a person other than the owner, that person also, shall be guilty of an offence unless the dog is owned by or in the charge of—

(a) the occupier of the land, a member of his family or a person employed by him, or

(b) the owner of the livestock, a member of his family or a person employed by him.

(2) It shall be a good defence in a prosecution for an offence under this section if the defendant proves that reasonable care was taken to prevent the worrying of the livestock.

(3) A person who is guilty of an offence under this section shall be liable on summary conviction—

(a) except in a case falling within paragraph (b) of this subsection, to a fine not exceeding twenty pounds, and

(b) in a case where the person has been convicted previously of an offence under this section in respect of the same dog, to a fine not exceeding fifty pounds.

Seizure of dog worrying livestock.

3.—(1) Where in the case of a dog found on agricultural land—

(a) the dog has been worrying livestock on the land, and

(b) no person is present who admits to being the owner of the dog or in charge of it,

a member of the Garda Síochána may seize the dog, and thereupon the provisions of sections 3 and 9 of the Dogs Act, 1906, in relation to seized stray dogs shall apply.

(2) Where in the case of a dog found on agricultural land when worrying livestock lawfully on the land no person is present who admits to being the owner of the dog or in charge of it, the finder may seize the dog and deliver it to a member of the Garda Síochána at the nearest Garda Síochána station, and thereupon the provisions of sections 3 and 9 of the Dogs Act, 1906, in relation to seized stray dogs shall apply.

Defence in action for damages for shooting dog.

4.—In an action for damages for the shooting of a dog, it shall be a good defence if the defendant proves—

(a) that the dog was shot when worrying livestock on agricultural land,

(b) that the livestock were lawfully on the land,

(c) that the defendant was—

(i) the occupier of the land, a member of his family or a person employed by him, or

(ii) the owner of the livestock, a member of his family or a person employed by him, and

(d) that the defendant notified the shooting within forty-eight hours to a member of the Garda Síochána at the nearest Garda Síochána station.

Short title.

5.—This Act may be cited as the Dogs (Protection of Livestock) Act, 1960.