THE CAT IN LAW

Manawatu Standard, Volume LVI, Issue 64, 13 February 1936, Page 2

THE CAT IN LAW

AN INTERESTING RULING. Per Press Association. WELLINGTON, Feb. 12. “I am tillable to find that a cat is ati animal within the meaning of the Dog Registration Act and will dismiss the information,” said Mr J. H. Luxford. when delivering judgment in the Wellington Magistrate’s Court in a case in which Constance Mnricc Single was charged with being the owner -of a dog which attacked a cat and injured it on a public highway. Defendant was charged with a breach of section 24 of the Dog Registration Act. 1908, which imposes a penalty of £5 on the owner of a dog if the dog on any highway or any unenclosed place rushes at, attacks, or startles any person or any horse, cattle or other animal whereby the life or limbs of any person are endangered, or any property is injured or endangered. “It is clear the Legislature did not intend all animals to come within section 24,” said the Magistrate. “In my opinion the animals protected are those which usually are used or driven along a public highway or are held in an unenclosed place. All beasts of burden are of the same genus as horses, while sheep, pigs or goats are of the same genus as cattle.'None of them are able effectively to protect themselves against attack by a dog except by flight, and flight Would of itself endanger them or users of the highway. Generally speaking, a dog does not attack a horse, or cow, or sheep on sight. That only happens occasionally and when it does happen on a public- highway or in an unenclosed place a dog may he killed or its owner prosecuted. “A strange cat, on the other hand, invariably is attacked on sight by a dog, but seldom does any barm befall the cat or anything else. That in itse’f is a distinguishing feature between the two species of animals and denies the common genus necessary to bring the eat within the section.”