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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
(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.