158 POLICE REGULATIOXS REGARDING HORSES. 



culpable homicide, if death ensue. Thus a carter, who left 

 his cart and horses on the road while he went into an ale- 

 house to drink, and the horses merely proceeded along the 

 road, without running off, and killed an old woman, deaf, 

 and nearly blind, was convicted of culpable homicide.(a) 

 Further, it has been held, that recklessly whipping a 

 pony so as to make it run away Avith its rider, and 

 throw him or fall with him, is relevant to infer a charge 

 of assault. (6) 



126. Police Regulations regarding Horses. — For the 



purposes of the General Police and Improvement (Scotland) 

 Act, 1862,(c) the word "cattle" includes horse, mare, geld- 

 ing, colt, filly, ass, mule :(d) and it is provided that any 

 constable or officer of police, or any person residing within 

 the burgh, may seize and impound cattle found at any time 

 without a person to take charge of them in any street of the 

 burgh, and detain them till the owner pays to the Com- 

 missioners a penalty not exceeding 40s., besides the reason- 

 able expenses of impounding and keeping them ;(e) and, on 

 the failure of the owner to pay within three days, the stray 

 animal may be sold for penalty and expenses, after seven 

 days' notice to the owner. (/) It is also enacted that every 

 person who exposes for show, hire, or sale . . . any horse, 

 ... or shoes, bleeds, or farries any horse (except in cases 

 of accident), or cleanses, dresses, exercises, trains, breaks, or 

 turns loose any horse, or slaughters it, in any street or 

 private street, is liable to imprisonment for a period not 

 exceeding fourteen days, or a fine not exceeding 40s.(^) A 

 similar penalty may be imposed on an}^ one who, having the 

 care of a vehicle, rides upon the shafts, or who rides or 



(a) Jackson, 1810, Hume, i. 192 ; Fleming, 1866, 5 Irv. 289. 

 (6) Kcay, 1837, 1 Swin. 543. 



(c) 2.5 &26 Vict. c. 101. 



(d) Ibid. § 3. (e) Ibid. § 249. 

 (/) Ibid. § 250. {rj) Ibid. § 251. 



