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Restrictions on keeping of stallions.
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10.—(1) On and after the appointed day it shall not be lawful for any person to keep or have in his possession any stallion to which this Act applies unless—
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(a) (i) he has made application in accordance with this Act for a licence authorising the holder thereof to keep and have in his possession such stallion, and
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(ii) such application has been neither refused nor granted; or
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(b) (i) he is the holder of a licence granted under this Act authorising the holder thereof to keep and have in his possession such stallion, and
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(ii) he keeps or has in his possession such stallion in accordance with the terms of such licence; or
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(c) (i) he is the holder of a permit granted under this Act authorising the holder thereof to keep and have in his possession such stallion, and
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(ii) he keeps or has in his possession such stallion in accordance with the terms of such permit.
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(2) Every person who keeps or has in his possession any stallion to which this Act applies in contravention of this section shall be guilty of an offence under this sub-section of this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(3) Whenever any person has been convicted of an offence under the next foregoing sub-section of this section, such person shall, if after the expiration of fourteen days after such conviction he keeps or has in his possession in contravention of this section the stallion in respect of which he was so convicted, be guilty of an offence under this sub-section of this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with a further fine not exceeding five pounds for each week or part of a week during which he continues to keep or have in his possession such stallion in contravention of this section after the expiration of the said fourteen days.
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(4) In any prosecution for an offence under this section the burden shall lie on the person prosecuted of proving (if in issue) any of the following matters, that is to say:—
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(a) that an application was made in accordance with this Act for a licence in respect of the stallion to which such prosecution relates;
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(b) that a licence or permit was granted under this Act in respect of such stallion and was in force at the time when such offence is alleged to have been committed;
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(c) the age of such stallion;
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and unless and until the contrary is proved it shall be presumed that no such application was made or that no such licence or permit was granted or if such licence or permit had been granted that it was no longer in force at the time at which the offence was alleged to have been committed and that such stallion was on that day a stallion to which this Act applies.
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(5) For the purpose of a prosecution for an offence under this section a stallion shall be deemed to be kept by and to be in the possession of each and every of the following persons, that is to say:—
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(a) the owner of the stallion, and
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(b) a person to whom the stallion has been lent, hired or leased for a period exceeding six months, and
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(c) the owner or the person having the charge or management of the lands or premises on which the stallion was when the offence was alleged to have been committed, unless such owner or person proves that the stallion was then on the said lands without his knowledge or connivance.
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