Protection of Animals Act


Published: 1935

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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. ( 2 0 t h March, 1935.) S . R . 0 . 22/1956,

1. This Act may be cited as the Protection of Animals Short title.
Act.

2. In this Act- 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

LAWS OF ANTIGUA AND BARBUDA

2 C A P . 349) Protection of Animals

Penalty for
cruelty to 3. ( 1 ) If any person-
animals.

(a) shall cruelly beat, kick, ill-treat, over-ride, over-
drive, over-load, torture, starve, 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 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

(f) 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,

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 Power of Court
to order

offence of cruelty, it shall be lawful for the Court, if the Court destr,,tion
is satisfied that it would be cruel to keep the animal alive, animal.
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 Power of Court
to deprive person

to it, the Court upon his conviction thereof may, if it think of ownership of
fit, in addition to any other punishment deprive such per- animal.
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
aliimal, if left with the owner, is likely to be exposed to further
cruelty.

6. (1) Where any person has been convicted of an Power of arrest.
offence under section 3, the Court may order that any animal
in respect of which the offence is committed-

(a) shall not be used, or

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
destroyed, 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 7. (1) Any magistrate, government veterinary officer,
injured animals. qualified veterinary practitioner, district medical offices or

police officer who has satisfied himself by personal
inspection-

(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 carcase 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.

LAWS OF ANTIGUA AND BARBUDA

Protection of Animals (CAP. 349 5

8. (1) Any police officer may apprehend without war- g;:;r~f Police
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 of 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 custody until the termination of
the proceedings or until the Court shall direct sucfivehicle
or animal to be delivered to the person charged or the owner,
and the reasonable costs of such detention, including
veterinary treatment where such 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 to
informers.

of this Act may award any portion thereof not exceeding
one-half, to the informer.