HC Deb 30 June 1911 vol 27 cc752-5

In this Act, except the context otherwise requires, or it is otherwise expressly provided—

  1. (a) the expression "animal" means any domestic or captive animal;
  2. 753
  3. (b) the expression "domestic animal" means any horse, ass, mule, bull, sheep, pig, goat, dog, cat, or fowl, or any other animal whatsoever kind or species, and whether a quadruped or not, which has been sufficiently tamed to serve some purpose for the use of man;
  4. (c) the expression "captive animal" means any animal (not being a domestic animal) of whatsoever kind or species, and whether a quadruped or not, including any bird, fish, or reptile, which is in captivity, or close confinement, or which is maimed, pinioned, or subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from such captivity or confinement;
  5. (d) the expression "horse" includes any mare, gelding, pony, foal, colt, filly, or stallion; and the expression "bull" includes any cow, bullock, heifer, calf, steer, or ox, and the expression "sheep" includes any lamb, ewe, or ram; and the expression "pig" includes any boar, hog, or sow; and the expression "goat" includes a kid; and the expression "dog" includes any bitch, sapling, or puppy; and the expression "cat" includes a kitten; and the expression "fowl" includes any cock, hen, chicken, capon, turkey, goose, gander, duck, drake, guinea-fowl, peacock, peahen, swan, or pigeon;
  6. (e) The expression "knacker" means a person whose trade or business it is to kill any cattle not killed for the purpose of the flesh being used as butcher's meat, and the expression "knacker's yard" means any building or place used for the purpose, or partly for the purpose, of such trade or business, and in this paragraph the expression "cattle" includes any horse, ass, mule, bull, sheep, goat, or pig;
  7. (f) The expression "pound," used in relation to the impounding or confining of animals, includes any receptacle of a like nature;
  8. (g) The expression "street" includes any road, lane, or square, and the expression "public place" includes any place to which the public have, or are permitted to have, access.

Amendments made: In paragraph (b), after the word "which" ["which has been sufficiently"], insert the words "is tame or which." After the word "been" insert the words "or is being." In paragraph (c), leave out the word "close" ["close confinement"]; leave out the word "such" ["from such captivity"].—[Mr. G. Greenwood.]

Dr. HILLIER

I beg to move to leave out paragraph (d).

I drew attention to the extraordinary definitions which occur, and which I think require some explanation from the promoters of the Bill. The phrasing is in some cases distinctly unfortunate, and it might be abused by some of the faddists to whom I have already referred. It is placing a somewhat dangerous weapon in their hands. When we come to the definitions in this paragraph I must cry halt and invite some explanation. The paragraph reads as follows:—

"the expression 'horse' includes any mare, gelding, pony, foal, colt, filly, or stallion; and the expression 'bull' includes any cow, bullock, heifer, calf, steer, or ox…."

I will not quarrel with the further definition of sheep, but I really must ask the promoters, the kind-hearted promoters, how they can maintain that the expression "bull" includes a "cow" and a "heifer." That rather startles my powers of comprehension. I, therefore, beg to suggest that this Clause should be at least, if not omitted, amended. I do not want to delay the progress of a Bill which, on the whole, I venture to describe as a good Bill, but I think it is unfortunate in some of its expressions.

Mr. BOOTH

The promoters of this Bill are assumed to be very thoughtful people, but apparently they are not able to gather what the objection or inquiry is. I do think the House is entitled to some intimation that this has been done by legal men. Whenever I see anything super-ridiculous I conclude it is put in by a lawyer.

Mr. G. GREENWOOD

I do not think it is very difficult to give an explanation. This is only a compendious way of avoiding the repetition of many names. In the definition of "domestic animals," if we are not allowed to define the word "horse" as we have defined it here, we should have to say "the expression 'domestic animals' means any horse, mare, gelding, pony, foal, colt, filly, or stallion." This method of definition is commonly adopted in Acts of Parliament.

Dr. HILLIER

Does the hon. Member suggest that it is usual in an Act of Parliament to state that a bull includes any cow?

Mr. G. GREENWOOD

A similar method is often adopted in definitions, as for instance in the Diseases of Animals Act, where it is stated that a horse includes a mule or ass. If we are not allowed to define the word in the way adopted in Sub-section (d) we should have to say "the expression domestic animals includes any horse, etc. … bull, cow, heifer, calf, steer, or ox," and so on through the whole definition. The hon. Member has not pointed out any particular harm that can arise from its being done in this way, therefore I hope the Amendment will not be pressed.

Amendments negatived.

Amendments made: In Sub-section (e) leave out the words "in this paragraph." Leave out Sub-section (g).—[Mr. G. Greenwood.]