Further Developments in Dog Law
| DOI | 10.1177/002201836402800312 |
| Published date | 01 July 1964 |
| Date | 01 July 1964 |
| Subject Matter | Article |
Further Developments in
Dog
Law
B
ySection 2of the Dogs Act 187I :
"Any
court of summary jurisdiction may take cognisance
of a complaint
that
a dog is dangerous and
not
kept
under
proper control, and if it appears to the court having
cognisance of such complaint that such dog is dangerous, the
court may make an order in a summary way directing the dog
to be kept by the owner
under
proper control or destroyed,
and any person failing to comply with such an order shall be
liable to a penalty
not
exceeding
20S.
for every day during
which he fails to comply with such order."
In
the case of R. v. Jones ex parte Daunton (1963, I
W.L.R.
270; 27
J.C.L.
171, 177), the Divisional Court held
that aMagistrates
Court
had no jurisdiction to make any order
against aperson who had bona fide disposed of his dog before
the
hearing because he was no longer in the position to comply
with any such order as might be made.
The
Divisional
Court
followed the case of Police v.
Backer (26 J.C.L., 251) where the Metropolitan Magistrate,
Mr.
E. R. Guest, stated that 'bona fide disposal' meant a
genuine as opposed to a colourable transaction and the
Court
was
not
concerned with the motives which inspired the
disposal.
In
reporting the case, we stated at page 253,
"It
seems a
nice question whether the complainant, after failing against
the former owner, can summons the new owner
under
s. 2
of the Dogs Act 1871 on a complaint as to the original incidents
which took place before he became the owner
and
at a time
when he was
not
in control of the dog."
That
question has now been raised in the case of Regina
v. Leicester Justices ex parte Workman (reported in The Times
9and 15 April 1962).
This
was an application by
Mr.
Bernard
Workman, chairman of the Council of the National Canine
Defence League for an order of certiorarito quash the decision
of the Leicester Justices ordering
Mr.
Workman to keep an
210
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