CRUELTY TO HORSES. 161 



the leading provisions have been adopted with sliglit varia- 

 tions in various burghs and populous places, (a) A case 

 occurred in which the magistrates of a burgh, having framed 

 and enacted a bye-law that all omnibuses should stand in and 

 depart from County Square, a proprietor who started his 

 omnibuses from his own yard, without standing in County 

 Square, was convicted and sentenced. On appeal it was 

 held to be lUtra vires of the magistrates to compel all 

 omnibuses to stand at the stance fixed, when the proprietors 

 desired that they should start from some other place. (6) 



It has also been held that the bye-laws made by the 

 magistrates of a burgh for the regulation of hackney 

 carriages " plying for hire within " the burgh, do not apply 

 to all hackney carriages passing through its streets, but only 

 those licensed by the magistrates of the burgh. (c) 



128. Cruelty to Horses. — -The Prevention of Cruelty to 

 Animals Act, 1850,(cZ) provides that "Any person who shall, 

 from and after the passing of this Act, cruelly beat, ill-treat, 

 over-drive (and this includes over-ride (e) ), abuse, or torture, 

 or cause or procure to be cruelly beaten, ill-treated, over- 

 driven, abused, or tortured, any animal, shall be guilty of an 

 offence, and shall for every such offence be liable to a penalty 

 not exceeding £5, and any vehicle or any animal may 

 be detained by a constable in security of penalty and expenses 

 of keep, and the magistrate may order sale thereof in default 

 of payment."( /) Under this Act a complaint was relevantly 

 laid, which set forth the designation and residence of the 

 accused, and that on certain dates and at a certain place 

 where he conducted part of his business, he caused certain 

 oxen to be kept without food, although the complaint did 



(a) 25 & 26 Vict. c. 101, § 7. 



(6) King V. Hart, 1882, 5 Coup. 1(5. 



(c) Gairnx v. iVain, 1888, 15 R. (J.C.) 51. 



(cZ) 13& 14 Vict. c. 92 § 1. 



(e) Ihld. § 1]. 



(/) Ibid. § 9. 



M 



