HC Deb 30 June 1911 vol 27 c752

(1) An appeal shall lie from any conviction or order (other than an order for the destruction of an animal) by a court of summary jurisdiction under this Act to quarter sessions.

(2) Where there is an appeal from any conviction or order by a court of summary jurisdiction under this Act, the recognisance required to be entered into under Sub-section (3) of Section thirty-one, which relates to procedure on appeal to general or quarter sessions, of the Summary Jurisdiction Act, 1879, shall include an undertaking not to sell or part with the animal until the appeal is determined or abandoned, and to produce it before or at or after the hearing of the appeal if ordered by the court of quarter sessions to do so, in accordance with the order.

Mr. G. GREENWOOD

I beg to move, in Sub-section (2), after the word "appeal" ["where there is an appeal"] to insert the words, "by the owner of an animal."

Sir F. BANBURY

I beg to second the Amendment.

Mr. ASHLEY

Am I to understand that the driver is to have no appeal?

Mr. G. GREENWOOD

The driver is to have an appeal.

Mr. ASHLEY

Then why is he not put in?

Mr. G. GREENWOOD

The Sub-section deals only with recognisances, and gives the court power to direct that the animal be produced at the hearing, which is very important in many cases. We could not ask that the driver should be compelled to produce the animal, and we insert owner.

Mr. BOOTH

I quite sympathise with the question of the hon. Member. It is rather badly drawn. I do not think that the Bill will accomplish all that the promoters have in view, and I told them so.

Question, "That the words 'by the owner of an animal' be there inserted," put, and agreed to.

Amendment made: After the word "Act," insert the words "the court may direct that."—[Mr. Greenwood.]