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DOGS ACT (NORTHERN IRELAND) 1960

DOGS ACT (NORTHERN IRELAND) 1960 - LONG TITLE

An Act to re-enact with amendments the Dogs Act (Northern Ireland),
1927; to extend section one of the Dogs Act, 1906; to repeal
certain enactments relating to the control of dogs; and for purposes
connected with those matters.
[26th July 1960]
Defences to legal proceedings for shooting dogs.

DOGS ACT (NORTHERN IRELAND) 1960 - SECT 1

1.(1) Subject to the provisions of this section, it shall be a
defence to an action to recover damages in respect of, and to any
charge arising out of, the shooting of a dog to prove

(a)that the dog was shot while worrying, or while making off after
worrying, any livestock; or

(b)that, after the worrying of any livestock, the dog was shot in
circumstances which afforded to the person shooting it reasonable
ground for the belief that it had done the worrying.

(2) Paragraph (b) of sub-section (1) shall not confer a defence
upon any person unless he proves that the dog was shot while it
was on land whereon the livestock which had been worried were kept
or depastured or on any land (including a highway or public path)
contiguous thereto.

(3) This section shall apply if, but only if

(a)the action is taken or (as the case may be) the charge is
brought against

(i)the owner or occupier of any such land as is mentioned in
sub-section (2); or

(ii)the owner of any livestock kept or depastured on any such land;
or

<(iii)a member of the family of, or person in the employment of, any such owner or occupier of land or owner of livestock; [or]

[(iv)any person authorised (whether generally or in any particular
instance) by any such owner or occupier of land or owner of
livestock to protect livestock; and]

(b)the person against whom the action is taken or (as the case may
be) the charge is brought proves that within [twenty-four hours]
after the dog was shot notice of the shooting was given to the
officer or constable in charge of the Royal Ulster Constabulary
station nearest to the place where it occurred.

(4) In this section

"action" includes a counterclaim;

"livestock" includes cattle, sheep, goats, swine, horses or poultry,
and for the purposes of this definition "cattle" means bulls,
bullocks, cows, heifers or calves, "horses" includes donkeys and
mules, and "poultry" means domestic fowls, turkeys, geese or ducks;

["worrying livestock" means

(a)attacking or killing livestock; or

(b)chasing livestock in such a way as may reasonably be expected to
cause the death of, or injury or suffering to, the livestock or to
result in financial loss to the owner of the livestock.]

S.2 rep. by 1976 NI 13 art.14 sch. S.3 rep. by SLR 1973

DOGS ACT (NORTHERN IRELAND) 1960 - SECT 4
Short title.

4.(1) This Act may be cited as the Dogs Act (Northern Ireland),
1960.

Subs.(2) rep. by SLR 1973; subs.(3) spent