Dogs and All about Them

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 This Act is wholly repealed by the Act called the Dogs' Act, 1906, which came into force on January 1st, 1907, but the new Act re-enacts the section having reference to damage to cattle,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.