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California

California Statutes of 1900: Sections 597-599c

Statute Details
Printable Version
Citation: 1900 Cal. Stat. 597-599c



Last Checked by Web Center Staff:

Summary:   The General Laws of California from 1900 covers such sections concerning: Cruelty to Animals, Poisoning of Cattle, killing of birds in cemeteries and killing of gulls or cranes.  The Cruelty to Animal section describes laws concerning horses, abandoned animal, torture and maiming of animals, use of animals in fights, and arrest without warrants.  In addition, the section covers evidence, stallions, and impounding without food and water.  The section about the killing of birds in the cemetery concerns also killing and detaining of homing pigeons.  The last section about killing of gulls and cranes also concerns the destruction of eggs and nests. 


Statute in Full:

THE

STATUTES OF CALIFORNIA

SECTION

597. Killing, maiming, or torturing animals.

597a. Carrying animals upon vehicles in a cruel or inhuman manner.

597b. Causing or being present at fights of animals.

597c. Owning, keeping or training animals to engage in fighting.

597d. Rights of officers to enter where animal fights are exhibited.

597e. Duties of persons impounding domestic animals.

597f. Owners, drivers, or possessors of old or diseased animals, permitting the same to run at large.

597g. Enclosure from view of stallions and jacks.

598a. Injuring or detaining homing pigeons.

599. Injuring or trapping gulls or cranes, etc.

599a. Officers' right to enter and search buildings.

599b. Definitions

599c. Game laws not to be interfered with.

597. Killing, maiming, or torturing animals. Every person who maliciously kills, m aims, or wounds an animal, the property of another, or who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated, or cruelly killed, any animal; and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary cruelty upon the same, or fails to provide the same with proper food, drink, shelter, or protection from weather, or who cruelly drives the same when unfit for labor, is guilty of a misdemeanor.

Sec. 155. A new section is hereby added to said code, to be numbered five hundred and ninety-seven a, and to read as follows.

597a. Carrying animals upon vehicles in a cruel or inhuman manner. Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor; and whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle and its contents, together with the horse or team attached to such vehicle, and deposit the same in some place of custody; and any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same of the owner of such domestic animal, in an action therefor.

Sec. 156. A new section is hereby added to said code, to be numbered five hundred and ninety-seven b, and to read as follows:

597b. Causing or being present at fights of animals. Any person who causes any bull, bear, cock, dog, or other animal to fight for his amusement or for gain, or to worry or injure each other; and any person who permits the same to be done on any premises under his charge or control; and any person who aids, abets, or is present at such fighting or worrying of such animal, as a spectator, is guilty of a misdemeanor.

Sec. 157. A new section is hereby added to said code, to be numbered five hundred and ninety-seven c, and to read as follows:

597c. Owning, keeping or training animals to engage in fighting. Whoever owns, possesses, keeps, or trains any bird or animal, with the intent that such bird or animal shall be engaged in an exhibition of fighting, or is present at any place, building, or tenement, where preparations are being made for an exhibition of the fighting of birds or animals, with the intent to be present at such exhibition, or is present at such exhibition, is guilty of a misdemeanor.

Sec. 158. A new section is hereby added to said code, to be numbered five hundred and ninety-seven c, and to read as follows:

597d. Rights of officers to enter where animal fights are exhibited. Any sheriff, constable, police or peace officer, or other qualified as provided in section six hundred and seven f of the Civil Code, may enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where p [reparations are being made for such an exhibition, and, without a warrant, arrest all persons there present.

Sec. 159. A new section is hereby added to said code, to be numbered five hundred and ninety-seven e, and to read as follows:

597e. Duties of persons impounding domestic animals. Any person who impounds, or causes to be impounded in any pound, any domestic animal, must supply the same during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any time impounded, as aforesaid, and continues to be without necessary food and water for more than twelve consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon any pound in which any such domestic animal is confined, and supply it with necessary food and water so long as it remains so confined. Such person is not 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 animal, and such animal is not exempt from levy and sale upon execution issued upon a judgement therefor.

Sec. 160. A new section is hereby added to said code, to be numbered five hundred and ninety-seven f, and to read as follows:

597f. Owners, drivers, or possessors of old or diseased animals, permitting the same to run at large. Every owner, driver, or possessor of any old, maimed, or diseased horse, mule, cow, or other domestic animal, who permits the same to go loose in any lane, street, square, or lot, of any city, town, or township, without proper care and attention, for more than three hours after knowledge thereof, is guilty of a misdemeanor; provided, that this section shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. Every sick, disabled, infirm, or crippled horse, ox, mule, cow, or other domestic animal, which shall be abandoned on the public highway, or in any open space in any city, town, or township, may, if after due search by a peace officer, or officer of any society for the prevention of cruelty to animals, no owner can be found therefor, be killed by such officer; and it is the duty of all such officers to cause the same to be killed on information of such abandonment.

Sec. 161. A new section is hereby added to said code, to be numbered five hundred and ninety-seven g, and to read as follows:

597g. Enclosure from view of stallions or jacks. Every person who lets to mares or jennies any stallion or jack within the limits of any city, town, or village, or within four hundred yards thereof, except in an enclosure sufficient to obstruct the view of all the inhabitants within such limits, and every person in charge of any stallion, bull, boar, ram, or buck goat who turns out or permits such animal to be turned out or run at large in any county, is guilty of a misdemeanor and punishable by a fine of not less than five nor more than twenty dollars, or by imprisonment in the county jail not less than thirty days, or by both such fine and imprisonment.

Sec. 162. A new section is hereby added to said code, to be numbered five hundred and ninety-eight a, and to read as follows:

598a. Injuring or detaining homing pigeons. Every person, other than the owner thereof, who shoots, maims, kills, or detains any Antwerp, messenger or homing pigeons is guilty of a fine of not less than ten nor more than twenty-five dollars, or by imprisonment in the county jail not exceeding fifty days.

Sec. 163. A new section is hereby added to said code, to be numbered five hundred and ninety-nine, and to read as follows:

599. Capturing or trapping gulls or cranes, etc. Every person who willfully and knowingly kills or destroys any of that species of sea bird known as gulls, or who willfully and knowingly shoots, wounds, traps, snares, or in any other manner catches or captures a white or blue crane, or who knowingly takes, injures, or destroys the nest of any white or blue crane, or takes, injures, or destroys the eggs of any such crane in the nest or otherwise, is guilty of a misdemeanor and punishable by a fine of not less than five nor more than one hundred dollars, or by imprisonment of not less than five nor more than one hundred days, or by both such fine and imprisonment.

Sec. 164. A new section is hereby added to said code, to be numbered five hundred and ninety-nine a, and to read as follows:

599a. Officers' right to enter and search buildings. When complaint is made to any magistrate, that the complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, such magistrate must issue and deliver immediately a warrant directed to any sheriff, constable, police or peace officer, or officer of any incorporated association qualified as provided by law, authorizing him to enter and search such building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds, and to bring such person before some court or magistrate of competent jurisdiction, within the city or township within which such offense has been committed or attempted, to be dealt with according to law, and such attempt must be held to be a violation of section five hundred and ninety-seven.

Sec. 165. A new section is hereby added to said code, to be numbered five

hundred and ninety-nine b, and to read as follows:

599b. Definitions. In this title the word "animal" includes every dumb creature; the words "torment," "torture," and "cruelty" include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" include corporations as well as individuals; and the knowledge and acts of any agent of, or person employed by, a corporation in regard to animals transported, owned, or employed by, or in the custody of, such corporation, must be held to be the act and knowledge of such corporation as well as such agent or employee.

Sec. 166. A new section is hereby added to said code, to be numbered five hundred and ninety-nine c, and to read as follows:

599c. Game laws not to be interfered with. No part of this title shall be construed as interfering with any of the laws of this state known as the "game laws," or any laws for or against the destruction of certain birds, nor must this title be construed as interfering with the right to destroy any venomous reptile, or any animal known as dangerous to life, limb, or property, or with properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state.



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