The Gazette 1958-61

(a) the dog has been worrying livestock on the land, and (b) no person is present who admits to being the owner of the dog or in charge of it, a member of the Garda Siochana may seize the dog, and thereupon the provisions of the Dogs Act, 1906, in relation to seized stray dogs shall apply. (2) Where in the case of a dog found on agricul tural land when worrying livestock lawfully on the land (a) the finder is the occupier of the land or the owner of the livestock, and (b~) no person is present who admits to being the owner of the dog or in charge of it, such occupier or owner may seize the dog and deliver it to a member of the Garda Siochana at the nearest Garda Siochana station, and thereupon the provisions of the Dogs Act, 1906, in relation to seized stray dogs shall apply. By section 4, in an action for damages for the shooting of a dog, it shall be a good defence if the defendant proves :— (a) that the dog was shot when worrying livestock on agricultural land, (b) that the livestock were lawfully on the land, (f) that the defendant was (i) the occupier of the land or the owner of the livestock a member of his family or a person employed by him, (d) that the owner of the dog was, when the dog was shot, not known to the defendant or the owner of the dog had, at any time before the dog was shot, been warned by or on behalf of the defendant that the dog had been found worrying livestock and (e) that the defendant notified the shooting within forty-eight hours to a member of the Garda Siochana at the nearest Garda Siochana station. SOCIAL WELFARE (MISCELLANEOUS PROVISIONS) ACT, 1960. The Social Welfare (Miscellaneous Provisions) Act, 1950 contains 26 sections, and provides for modest increases in old age pensions, unemployment assistance, etc. Practitioners should note the terms of section 20 relating to prosecutions, which states:— (i) Proceedings for an offence under the Old Age Pension Acts (including this Act) or under regulations made thereunder shall not be instituted except by or with the consent of the Minister for Social Welfare or by an officer authorised in that behalf by special or general directions of the Minister.

in custody be transferred from the institution to another remand institution or to a prison or to St. Patrick's, as the case may be. Persons remanded or transferred in accordance with these provisions are being deemed to be in lawful custody (section 11). • 10. Section 12 provides for the discontinuance of the term " Borstal " and for the substitution for the references to Borstal Institutions in any statute or statutory instrument of references to St. Patrick's. Since the Borstal Institution was transferred in 1956 from Clonmel to Dublin it has been the practice to transfer to it virtually all youths committed on conviction to Mountjoy Prison with the result that the Institution is now a place of detention for male prisoners under 21 years of age, giving as much corrective training as practicable, rather than a Borstal Institution as such. The Institution has been known as " St. Patrick's " since 1948. n. Section 13 empowers the Court to sentence young offenders to be detained in St. Patrick's instead of in prison. The Minister may make regulations for the rules and management of St. Patrick's and the constitution of its visiting committee, and for the classification, treatment, employment and control of juvenile offenders. DOGS (PROTECTION OF LIVESTOCK) ACT, 1960. The Dogs (Protection of Livestock) Act is a short measure designed to protect livestock from worrying by dogs. By section 2 where a dog worries livestock which includes cattle, sheep or horses, on agricultural land which includes arable, meadow or gra2ing land, the owner of the dog, and, if the dog is in the charge of a person other than the owner, that person also shall be guilty of an offence unless the dog is owned by or in the charge of the occupier of the land or of the livestock, a member of his family or a person employed by him. It shall be a good defence in a prosecution for an offence under this section if the defendant proves that reasonable care was taken to prevent the worrying of the livestock. A person who is guilty of an offence under this section shall be liable on summary conviction (a) in the case of a first offence, to a fine not exceeding twenty pounds, and (£) in a case where the person has been convicted previously of an offence under this section in respect of the same dog, to a fine not exceeding fifty pounds. By section 3 (i) where in the case of a dog found on agricultural land