Odger's English Common Law

CRUELTY TO ANIMALS. 235
A century ago the law extended no protection to the dumb creation ;
" an animal had no rights." Bear-baiting and cock-fighting were per-
fectly legal, though prize-fighting was always, in the view of the law, illegal
—a rule which was inoperative in practice. And acts of scandalous
cruelty were constantly practised on animals of all kinds. In 1822 was
passed the first measure restraining cruelty to cattle and beasts of burden
—a measure due to the direct advocacy of Jeremy Bentham. 1 In 1833
bear-baitiDg and cock-fighting were prohibited within five miles of Temple
Bar—not, be it observed, out of any pity for those animals, but because
such sports collected crowds of noisy and riotous persons, which interfered
with the comfort of orderly citizens. 2 So to set animals to fight in any
thoroughfare or public place within the metropolis was in 1839 declared to
be a public nuisance and made punishable with a fine. 3 In 1835 it was
enacted that whoever put an ajiimal in the pound must supply it with
food ; he must not leave it there to starve. 4 In 1849 was passed a general
Act for the Prevention of Cruelty to Animals. 6
It extended the Act of
1822 to all tame animals; 8 it also dealt with slaughterhouses, and insisted
on more merciful methods of slaughtering animals. 7
It was in its turn
extended and amended by the Cruelty to Animals Act, 1854 8 and both
;
these Acts are now repealed by the Act of 1911.
It was not until 1900 that any protection was afforded to wild animals
in captivity, such as rabbits in a hutch or lions in a menagerie. It was
held in two cases' that neither the Act of 1849 nor that of 1854 protected
wild animals in captivity. Hence it was necessary to pass in 1900 an
Act 10 which made it an offence punishable with fine or imprisonment for
any person wantonly or unreasonably to cause unnecessary suffering to any
animal that is confined, maimed or pinioned, or to cruelly abuse, infuriate,
tease or terrify it.
The following are the main provisions of the Protection of
Animals Act, 1911, which applies to captive as well as to
domestic animals. 11
By section 1 any person, who
(a) shall cruelly beat, kick, ill-treat, over-ride, over-drive,
over-load, torture, infuriate or terrify any animal,
or shall cause or procure any animal to be so used,
i 3 Geo. IV. c. 71.
2 3 Sc i Will. IV. c. 19, s. 29.
8 2 & 3 Vict. c. 47, s. 54 (2).
* 5 & 6 Will. IV. o. 69.
» 12 & 13 Vict. o. 92.
» S. 29 ; and see 17 & 18 Vict. c. 60, s. 3.
T Ss. 7—12.
» 17 & 18 Vict. c. 60.
9 Aplin v. Porritt, [1893] 2 Q. B. 57 j Harper v. Marcks, [1894] 2 Q. B. 319.
10 Wild Animals in Captivity Protection Act (63 & 64 Vict. c. 33), now repealed by
the Act of 1911.
" 1 & 2 Geo. V. c, 27, s. 15.