There isn't any allegation of scienter in it," affirmed Mr. Tutt.

The other partthat he set the dog on himlacks the allegation that the dog was vicious and that Appleboy knew it; in other words an allegation of scienter.

"Of course an allegation of scienter is necessary!

"Having due respect to Your Honor's ruling as to the sufficiency of the indictment I shall address myself simply to the question of scienter.

That is, there is no evidence whatever of scienter.

Once a dog, however, has displayed dangerous propensities, even though he has never had the satisfaction of effecting an actual bite, and once his owner or the person who harbours him becomes aware of these evil inclinations (scienter) either of his own knowledge or by notice, the Law looks upon such dog as a dangerous beast which the owner keeps at his peril.

The onus of proof is on the victim to show that the owner had previous knowledge of the animal's ferocity, though in reality very little evidence of scienter is as a rule required, and notice need not necessarily be given directly to the owner, but to any person who has charge of the dog.