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Dogs and All about Them
·
Robert Leighton
429
CHAPTER
LII
THE
DOG
AND
THE
LAW
PRIVILEGES
OF
FIRST
BITE
It
is
popularly,
but
rather
erroneously,
supposed
that
every
dog
is
entitled
to
one
bite.
Perhaps
it
would
be
more
accurate
to
state
that
every
dog
may
with
impunity
have
one
snap
or
one
intended
bite,
but
only
dogs
of
hitherto
irreproachable
character
are
permitted
the
honour
of
a
genuine
tasteful
bite.
Once
a
dog,
however,
has
displayed
dangerous
propensities,
even
though
he
has
never
had
the
satisfaction
of
effecting
an
actual
bite,
and
once
his
owner
or
the
person
who
harbours
him
becomes
aware
of
these
evil
inclinations
(scienter)
either
of
his
own
knowledge
or
by
notice,
the
Law
looks
upon
such
dog
as
a
dangerous
beast
which
the
owner
keeps
at
his
peril.
The
onus
of
proof
is
on
the
victim
to
show
that
the
owner
had
previous
knowledge
of
the
animal's
ferocity,
though
in
reality
very
little
evidence
of
scienter
is
as
a
rule
required,
and
notice
need
not
necessarily
be
given
directly
to
the
owner,
but
to
any
person
who
has
charge
of
the
dog.
The
person
attacked
has
yet
another
remedy.
He
can,
if
he
is
able,
kill
the
dog
before
it
can
bite
him,
but
he
is
not
justified
in
shooting
the
animal
as
it
runs
away,
even
after
being
bitten.
By
28
and
29
Vict.,
c.
60,
the
owner
of
a
dog
which
attacks
sheep
or
cattle--and
cattle
includes
horses--is
responsible
for
all
damage,
and
there
is
no
necessity
to
prove
previous
evil
propensities.
This
Act
is
wholly
repealed
by
the
Act
called
the
Dogs'
Act,
1906,
which
came
into
force
on
January
1st,
1907,
but
the
new
Act
re-enacts
the
section
having
reference
to
damage
to
cattle,
and
says
that
in
such
cases
it
is
not
necessary
for
the
persons
claiming
damages
to
show
a
previous
mischievous
propensity
in
the
dog
or
the
owner's
knowledge
of
such
previous
propensity
or
to
show
that
the
injury
was
attributable
to
neglect
on
the
part
of
the
owner;
the
word
"cattle"
includes
horses,
asses,
sheep,
goats,
and
swine.
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