CHAPTER LIT 



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 Viet., 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 This Act is wholly repealed by the Act called 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 ist, 

 1907, but the new Act re-enacts the section having reference 

 to damage to cattle, and says that in such cases it is not 

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