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1923. No. 12.ORDER OF THE DEPARTMENT OF AGRICULTURE AND TECHNICAL INSTRUCTION.
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FOREIGN DOGS (IRISH FREE STATE) ORDER OF 1923.
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(Dated 18th September, 1923).
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THE Department of Agriculture and Technical Instruction by virtue and in exercise of the powers vested in them under the joint operation of the Agriculture and Technical Instruction (Ireland) Act, 1899, and of the Diseases of Animals Acts, 1894 to 1914, and of every other power enabling them in this behalf, do, with the concurrence of the Minister for Agriculture of the Irish Free State hereby order:—
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1 Landing of Dogs on Licence.
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1. Notwithstanding anything in the provisions of the Importation of Dogs (Ireland) Order of 1902, or in any Order amending that Order, a foreign dog, that is to say, a dog brought to Ireland from a country other than Great Britain, the Channel Islands, and the Isle of Man, may be landed in the Irish Free State provided its landing is authorised by a licence of the Department previously obtained, and provided, also, that any dog so landed shall be subject to the provisions of this Order and to the conditions inserted in the licence authorising its landing.
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2 Detention and Isolation of Foreign Dogs.
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2. (1) A dog landed on the authority of a licence granted under this Order shall, for a period of six calendar months after its landing, be detained and isolated at the expense of its owner upon premises in the occupation, or under the control, of a veterinary surgeon, which shall have been previously approved in writing by the Department for that purpose, and such premises are in this Order referred to as the "place of detention."
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(2) During the said period the dog shall not be moved from the place of detention except to another place of detention or to a vessel for exportation, and in either case only with a licence of the Department authorising such movement.
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(3) This Article shall apply to (a) a foreign dog which is shown to the satisfaction of the Department to be a bona fide performing dog, or (b) a foreign dog which is intended to be exported from the Irish Free State within forty-eight hours after its landing, only so far as its provisions are applied by way of conditions inserted in the licence authorising the landing of the dog.
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3 Conditions of Licence.
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3. The Department may insert in any licence granted by them under this Order authorising the landing of a foreign dog such conditions as they think necessary or desirable for the following purposes:—
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(i) for prescribing and regulating the detention and isolation of the dog so far as the same is not prescribed and regulated by this Order;
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(ii) for prescribing the person by whom and the premises on which the dog shall be detained and isolated;
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(iii) for regulating the movement of the dog to the place of detention, or vessel for exportation, and for prohibiting or regulating its movement during a period of six calendar months after its landing, or until its exportation, as the case may be ;
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(iv) for prescribing the confinement of the dog in a suitable hamper, crate, box, or other receptacle during the movement of the dog by railway, or along a highway or thoroughfare;
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(v) for prescribing the mode of isolation of the dog ;
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(vi) for prescribing the muzzling of the dog ;
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(vii) for prescribing the notice to be given of the death or loss of the dog, or of any matter arising in connection with the movement, detention, or isolation of the dog, and the persons by whom and to whom the notice is to be given; and
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(viii) for prescribing the production of a licence for inspection by an officer of the Department, or police constable, or officer of Customs and Excise.
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4 Notice of Detention in case of Illegal Landing.
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4. (1) Where an Inspector or other Officer of the Department, or of a Local Authority, has reason to believe that a foreign dog has been landed otherwise than on the authority of a licence granted by the Department, he may, without prejudice to any proceedings in respect of the unlawful landing or to the ultimate forfeiture of the dog, give notice to the owner or person in charge of the dog requiring that, within a time specified in such notice, the dog shall be moved (a) to a vessel for exportation, or (b) to a place of detention for the purpose of detention and isolation in accordance with the provisions of such notice.
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(2) Such provisions may be inserted in the notice as the Department may think necessary or desirable for any of the purposes mentioned in the preceding Article.
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(3) If the owner or person in charge of the dog, after receipt of such notice, fails to move the dog as required by the notice, he shall be deemed guilty of an offence against the Act of 1894.
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(4) The operation of a notice under this Article may be terminated by notice to that effect given by an Inspector or other Officer of the Department to the owner or person in charge of the dog, on proof to the satisfaction of the Inspector or Officer that the dog was not illegally landed, or that six calendar months have expired since its landing.
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5 Seizure of Dogs in case of Default.
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5. (1) If a foreign dog is not detained and isolated as required by this Order or by the conditions or provisions of any licence or notice thereunder, an Inspector of the Department may seize the dog, and thereupon the Department shall detain and isolate it at the place of detention specified in the licence or notice, or any other place of detention selected by them, in accordance with the requirements of this Order or the said conditions or provisions, at the expense of the owner of the dog.
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(2) If the owner of the dog does not, within ten days after the expiration of the period of detention specified in this Order or in the licence or notice, claim the said dog from the Department and pay to them their expenses of detaining and isolating the dog, the Department may destroy or otherwise dispose of the dog as they think expedient.
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6 Re-landing prohibited of Foreign Dogs moved to Vessels for Exportation.
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6. A foreign dog which has been moved to a vessel for exportation in accordance with a licence or notice under this Order shall not be re-landed in the Irish Free State without a licence of the Department authorising such landing.
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7 Regulation of Transhipment of Imported Dogs.
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7. A foreign dog may be transhipped in a port in the Irish Free State, but only with the written permission of an officer of the Department or of an officer of Customs and Excise.
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8 Offences.
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8. (1) If a dog is landed or transhipped in contravention of this Order, the owner and the charterer and the master of the vessel from which it is landed or transhipped, and the owner of the dog, and the person for the time being in charge thereof, and the person causing, directing, or permitting the landing or transhipment, and the person landing or transhipping the same, and the consignee or other person receiving or keeping it knowing it to have been landed or transhipped in contravention as aforesaid, shall, each according to and in respect of his own acts and defaults, be deemed guilty of an offence against the Act of 1894.
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(2) If a dog is moved in contravention of this Order, or of the conditions or provisions of a licence or notice thereunder, the owner of the dog, and the person for the time being in charge thereof, and the person causing, directing, or permitting the movement, and the person moving the dog, and the consignee or other person receiving or keeping it knowing it to have been moved in contravention as aforesaid, and the occupier of the place from which the dog is moved, shall, each according to and in respect of his own acts and defaults, be deemed guilty of an offence against the Act of 1894.
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(3) If a dog is not kept isolated as required by this Order, or by the conditions or provisions of a licence or notice thereunder, the owner of the dog, and the person for the time being in charge thereof, and the occupier of the place where such dog is detained, and the person failing or neglecting to isolate the dog, shall, each according to and in respect of his own acts, defaults or omissions, be deemed guilty of an offence against the Act of 1894.
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(4) If a dog is not secured, muzzled, or confined as required by this Order, or by the conditions or provisions of a licence or notice thereunder, the owner of the dog, and the person for the time being in charge thereof, and the master of any vessel on board which the dog is or has been carried to the Irish Free State, shall, each according to and in respect of his own acts and defaults, he deemed guilty of an offence against the Act of 1894.
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(5) If a person with a view unlawfully to evade or defeat the operation of this Order, or of the conditions or provisions of a licence or notice thereunder, allows a dog to stray, he shall be deemed guilty of an offence against the Act of 1894.
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(6) If the owner or person in charge of a dog fails to give, produce, or do any notice, licence, or thing which by this Order, or by the conditions or provisions of a licence or notice thereunder, he is required to give, produce, or do, he shall be deemed guilty of an offence against the Act of 1894.
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9 Extension of certain Sections of Diseases of Animals Act, 1894.
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9. Dogs shall be animals, and rabies shall be a disease, for the purposes of this Order and of the following sections of the Act of 1894 (namely):—
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Sections forty-three and seventy-four (powers of police);
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Section forty-four (powers of inspectors);
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Section fifty-six (unlawful landing);
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and also for the purposes of all other sections of the said Act containing provisions relative to or consequent on the provisions of those sections and this Order, including such sections as relate to offences and other legal proceedings.
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10 Interpretation.
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10. In this Order, unless the context otherwise requires—
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"The Department" means the Department of Agriculture and Technical Instruction;
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"The Act of 1894" means the Diseases of Animals Act, 1894;
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"Master" includes a person having the charge or command of a vessel;
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Other terms have the same meaning as in the Act of 1894.
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11 Commencement.
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11. This Order shall come into operation on the first day of November nineteen hundred and twenty-three.
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12 Short Title.
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12. This Order may be cited as the Foreign Dogs (Irish Free State) Order of 1923, and shall be read as one with the Importation of Dogs (Ireland) Order of 1902.
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IN WITNESS whereof the Department of Agriculture and Technical Instruction have hereunto set their Official Seal this 18th day of September, nineteen hundred and twenty-three.
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H. G. SMITH,
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on behalf of the Secretary.
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I concur in the foregoing Order.
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P. HOGAN,
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Minister for Agriculture.
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