Imágenes de páginas

shall procure a yearly license for each animal, paying the sum of one dollar for each one, as hereinafter provided; in applying for such license the owner shall state in writing the name, sex, breed, age, color and markings of the dog for which a license is to be procured. L. 1896, c. 448, § 1.

22 Licenses. Licenses granted under this act shall date from the first day of May in each year, and must be renewed prior to the expiration of the term by the payment of one dollar for each renewal. Id., § 2.

23 Particulars of licenses. Each certificate of license or renewal shall state the name or address of the owner of the dog, and also the number of such license or renewal. Id., § 3.

24 Dogs to wear collars and tags. Every dog so licensed shall, at all times, have a collar about its neck with a metal tag attached thereto, bearing the number of the license stamped thereon. Such tag shall be supplied to the owner with the certificate of license and shall be of such form and design as the society empowered to carry out the provisions of this act shall designate; duplicate tags may be issued only on proof of loss of the original, and the payment of the sum of one dollar therefor. Id., § 4.

25 Dogs not licensed to be seized. Dogs not licensed pursuant to the provisions of this act shall be seized, and if not redeemed within forty-eight hours, may be destroyed or otherwise disposed of at the discretion of the society empowered and authorized to carry out the provisions of this act. Id., § 5.

26 Redemption of dogs seized. Any person claiming any dog, seized under the provisions of this act, and proving ownership thereof, shall be entitled to resume possession of the animal on the payment of the sum of two dollars; provided, however, that such claim shall be made before the expiration of the forty-eight hours provided in section five. Id., § 6.

27 A. S. P. C. A. to enforce this act. The incorporated society, organized for the prevention of cruelty to animals, and having jurisdiction in either of such cities, is hereby empowered and authorized to carry out the provisions of this act; and such society is further authorized to issue licenses and renewals, and to collect the fees for such, as is herein prescribed, which fees are to be used by such society towards defraying the cost of carrying out the provisions of this act and maintaining a shelter for lost, strayed or homeless animals, and for its own purposes. Id., § 7.

28 Certain offences, misdemeanors. Any person or persons who shall hinder, molest or interfere with any officer or agent of such society while in the performance of any duty enjoined by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned for not less than ten days or more than thirty days, or be punished by both such fine and imprisonment. Id., § 8.

29 Not to apply to non-residents or dog shows. None of the provisions of this act shall apply to dogs owned by nonresidents passing through any city, nor to dogs brought to any city and entered for exhibition at any dog show. Id., § 9. 30 Repeal. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Id., § 10.

31 Seizure of animals, etc. Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also, the time and place at which the application hereinafter provided for will be made. L. 1875, c. 97, § 1.

32 Forfeiture of same. The officer, after taking possession of such animals, or implements, or other property, pursuant to the preceding section, shall apply

to the magistrate before whom complaint is made against the offender violating such provision of law, for the order next hereinafter mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place the same in the custody of an officer or other proper person in such order named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district attorney of the county. The officer or person so named and designated in such order, shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender, the animals, implements or other property, shall be adjudged by the court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, such court shall on demand, direct the delivery of the property so held in custody to the owner thereof. L. 1875, c. 97, § 2, as am'd L. 1875, c. 246.

33 Shooting pigeons. None of the provisions of law heretofore enacted for the prevention of cruelty to animals, within this state, shall be construed to prohibit or interfere with the shooting, by members of sportsmen's clubs or incorporated societies, of pigeons; provided that, in each case, as soon as they can be captured or taken, after being shot, such pigeons, if living, shall immediately be killed. L. 1875, c. 107, § 1.

34 Cruelty a misdemeanor. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured. maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor. Pen. Code, § 655.

16 Abb. N. S. 73; 10 id. 374; 15 id. 51; 48 How. Pr. 435; 4 Hun, 441; 14 id. 337; 3 C. H. Rec. 191; 6 id. 62; 4 id. 26; 1 Wh. Cr. C. 111; 75 N. Y. 362; 65 Hun, 349; 8 Misc. 547; 47 N. Y. St. R. 925; 60 id. 680.

35 Same: abandoned and diseased animals; custody of vehicle, etc., when owner arrested. A person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled or infirm animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of the American society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past recovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent of said society may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses

incurred in taking charge of such property shall be a lien thereon. Pen. Code, § 656, as am'd L. 1888, c. 144, § 1, and id., c. 490, § 5.

35 N. Y. Supp. 97.

36 Failure to provide proper food, etc., to impounded animal. A person who having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor. Pen. Code, § 657.

37 Right to feed in pounds. In case any creature shall be at any time impounded as aforesaid, and shall continue to be without necessary food and water for more than twelve successive hours, it shall be lawful for any person, from time to time, and as often as it shall be necessary, to enter into and upon any pound in which any such creature shall be so confined, and to supply it with necessary food and water, so long as it shall remain so confined; such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such creature, and the said creature shall not be exempt from levy and sale upon execution issued upon a judgment therefor. L. 1867, c. 375, § 4.

78 Hun, 40.

§§ 1-3, 5, 7-9 repealed by L. 1886, c. 593, § 1, ¶ 42; § 6 repealed by L. 1896, c. 376. 38 Scientific experiments. Nothing in this act contained shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of the state of New York. Id., § 10.

39 Selling, etc., animal with infectious disease. A person who willfully sells. or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings, or animals, or which is diseased past recovery, or who refuses upon demand to deprive of life an animal affected with any such disease, is guilty of a misdemeanor. Pen. Code, § 658.

40 Carrying animal in a cruel manner. A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. Pen. Code, § 659.

See § 44, post.

41 Poisoning animal.

A person who unjustifiably administers any poisonous or noxious drug or substance to an animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor. Pen. Code, § 660.

65 Hun, 349; 47 N. Y. St. R. 925; 20 N. Y. Supp. 278; 32 id. 106.

42 Throwing glass, etc., in public place. A person who willfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. Pen. Code, § 661, as am'd L. 1885, c. 523.

43 Proper food and shelter for milch cows, etc. A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both. Pen. Code, § 662.

44 Confining animals in cars more than twenty-four consecutive hours. A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who con

fines, or causes or suffers the same to be confined, in cars for a longer period than twenty-four consecutive hours, without unloading for rest, water and feeding, during ten consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereon for such expense. Pen. Code, $663.

58 N. Y. St. R. 639; 6 N. Y. Supp. 837.

45 Promoting fights between birds or animals. A person who sets on foot, instigates, promotes, or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, or having custody of such birds or animals, is guilty of a misdemeanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by imprisonment not less than ten days nor more than one year, or both. Pen. Code, § 664.

46 Keeping house for same; search warrant. A person who keeps or uses, or is in any manner connected with, or interested in the management of, or receives money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place, and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law. Pen. Code, § 665, as am'd L. 1888, c. 144, § 2.

48 Hun, 275.

47 Running horses on highway. A person driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes, or permits, them to run, is guilty of a misdemeanor. Pen. Code, § 666.

48 Leaving state to elude provisions of this title. A person who leaves this state with intent to elude any of the provisions of this title* or to commit any act out of this state which is prohibited by them, or who, being a resident of this state, does any act without this state, pursuant to such intent, which would be punishable under such provisions, if committed within this state, is punishable in the same manner as if such act had been committed within this state. Pen. Code, § 667.

49 Fines, etc., payable to Society for Prevention of Cruelty, etc.; powers of officers. All fines, penalties or forfeitures imposed or collected for a violation of the provisions of this title, or of any act for the prevention of cruelty to animals, now in force or hereafter passed, must be paid on demand to the American society for the prevention of cruelty to animals; except where the prosecution shall be instituted or conducted by a society for the prevention of cruelty to animals duly incorporated under the general laws of this state, in which case such fine, penalty

*This subject, §§ 34-36, 39-49, 51.

or forfeiture must be paid on demand to such society. A constable or police officer must, and any agent or officer of any of said societies may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this title. Any officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct any such officer or agent in the discharge of his duty, shall be guilty of a misdemeanor. Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals and may aid in presenting the law and facts before such court, tribunal or magistrate in any proceeding taken. The officers and agents of all duly incorporated societies for the prevention of cruelty to animals or children are hereby declared to be peace officers within the provisions of section one hundred and fifty-four of the code of criminal procedure.* Pen. Code, § 668, as am'd L. 1888, c. 144, § 3, and Id., c. 490, § 6.

4 N. Y. St. R. 809; 78 Hun, 40; 60 N. Y. St. R. 808; 29 N. Y. Supp. 257.

* Enforcement of laws relating to animals. 50 * But no officer or agent of any society so incorporated shall exercise any powers or functions conferred by section six hundred and sixty-eight of the penal code until he shall have been first duly authorized in writing by the sheriff of the county wherein the same are to be exercised; and any such authorization may be revoked or annulled by said sheriff or by any justice of the supreme court in his discretion. L. 1888, č. 490, § 4. [Note.- §§ 1-3 and the first sentence of the above section repealed by L. 1895, c. 559; §§ 5 and 6 amend the Pen. Code, §§ 656 and 668.]

51 Definitions. 1. The word " animal," as used in this title, does not include the human race, but includes every other living creature;

2. The word "torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted;

3. The words "impure and unwholesome milk" include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called "swill" or upon any substance in a state of putrefaction or fermentation. Pen. Code, § 669.

48 Hun, 275; 8 Misc. 547; 60 N. Y. St. R. 680; 29 N. Y. Supp. 787.

See also Ambulance; Attachment, § 21; Board of Claims, §§ 18, 19; County Law, § 230' Courts of Special Sessions, § 1; Distress, SS 1-7; Exhibitions, § 2; False Pretenses, § 2; Highway Law, § 205; Homicide, §§ 17, 18; Horses; Inns, etc., § 10; Justices' Courts, SS 218-251; Livery-stable Keepers; Malicious Mischief, § 5; Racing; Railroad Law, 32; Sheriff, § 28.

See Agricultural Law, §§ 27, 29.



For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 48.

See Reprieves, etc., § 3.


See Religious, etc., Law, § 14.


OF BOARDS OF EDUCATION; see Consolidated School Law, § 186.



OF MEDICAL SOCIETIES; see Medical Societies, § 35.

OF REGENTS; see University Law, § 6.

OF SCHOOL NEIGHBORHOOD OR DISTRICT; see Consolidated School Law, §§ 90-93.

OF SUPERVISORS; see County Law, §§ 10, 12, 140, 141, 237; Public Officers Law, §§ 10-13. OF TOWNS; see Town Law.

OF VILLAGES; see Villages.

See Reports.


* Arrest, § 80.

« AnteriorContinuar »