532 CRUELTY AND MALICIOUS MISCHIEF. 



the owner were not present and had no knowledge of the 

 state of the horses.^* On the other hand where, in the ab- 

 sence of the licensed owner of a slaughter-house, his foreman, 

 disobeying orders to save himself trouble, slaughtered a sheep 

 in the pound in view of other sheep, contrary to a by-law, it 

 was held that the by-law was good and that the owner was 

 liable for the act of his servant which was committed within 

 the scope of his employment, though contrary to orders.^* 



Where F. conveyed nine sheep in a wagon and one broke 

 its leg on getting out and F. drove them into a pen at the 

 market for sale, put that sheep with the others and they 

 trampled on it, it was held that, though the facts showed care- 

 lessness, there was no evidence of F.'s causing the sheep to be 

 tortured.*" 



The driver and conductor of a horse-car are liable for over- 

 driving the horses and overloading the car.*^ The use of a 

 tight check-rein has been held, though with doubtful author- 

 ity, not to be cruelty.*- 



On a complaint for unnecessarily failing to provide a horse 

 with proper food, drink and protection from the weather, 

 where the evidence was that the defendant unnecessarily left 

 the horse harnessed to a carriage in a wood, where it re- 

 mained all night uncared for and actually without food and 

 drink for more than twenty-four hours except what it ob- 

 tained by browsing, it was held that he was rightly con- 

 victed. Tt is not essential that the animal should have 



" Small V. Wan-, 47 J. P. 20. 



"'Collman v. Mills, [1897] i Q. B. 396. 



'"Westbrook v. Field, 51 J. P. 726. 



" Peo. V. Tinsdale, 10 Abb. Pr. N. S. (N. Y.) 374. 



" S. P. C. A. V. Lowry, 17 Leg. News (Can.) 118. In 30 Can. L. Jour. 

 581, it is said: "It is scarcely necessary to point out the manifest fallacies 

 of this extraordinary decision. Even if a check is necessary to manage a 

 horse when driving, it is not, therefore, necessary when a horse is 'stand- 

 ing at ease" ; nor does ill-treatment and cruelty cease to be ill-treatment 

 and cruelty because it is said to be necessary to make the unfortunate 

 suujcct f)f it look handsomer or bring <i higher price." 



