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Nebraska

Nebraska Complied Laws 1887: Chapter X: Offenses Related to Domestic Animals

Statute Details
Printable Version
Citation: Neb. Stat. ch. 10 63-82



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Summary:   Nebraska Compiled Statutes from 1887.  The statutes cover cruelty to animals from transportation to negligence in handling.  Also covered is the stealing or interfering with various types of domestic animals.


Statute in Full:

Nebraska Compiled Statutes

Brown, Ed. 3 1887

CHAPTER X

OFFENCES RELATING TO DOMESTIC ANIMALS.

SECTION 63. [Altering ear mark or brand.] - If any person shall willfully and maliciously alter or deface any artificial ear mark or brand, upon any horse, mare, foal, filly, mule, or ass, sheep, goat or swine, cow, ox, steer, bull or heifer, the property of another; every person so offending, shall be fined in any sum not exceeding fifty dollars, and be liable in treble damages to the party injured.

SECTION 64. [Killing or injuring animals to the amount of thirty-five dollars.] - If any person or persons shall unlawfully and maliciously kill or destroy any horse, mare, foal, filly, mule or ass, sheep, goat, cow, ox, steer, bull, heifer, or swine, the property of another or others, of the value of thirty-five dollars or upwards, or shall willfully and maliciously injure any such animal or animals, the person or persons so offending, shall be imprisoned in the penitentiary not more than three years, nor less than one year.

SECTION 65. [Same - Less than thirty-five dollars.] - If any person or persons shall unlawfully and maliciously kill or destroy any horse, mare, foal, filly, mule, or ass, sheep, goat, cow, ox, steer, bull, heifer, or swine, the property of another or others, of less value than thirty-five dollars, or shall willfully and maliciously injure any such animal or animals, the property of another or others, to an amount less than thirty-five dollars; such person or persons shall be fined in any sum not more than one hundred dollars, nor less than five dollars, or imprisonment in the jail of the county not exceeding three months, or both fined imprisoned as aforesaid, at the discretion of the court. [Amended 1875, 4.]

SECTION 66. [Poisoning animals.] - If any person or persons shall willfully and maliciously administer, or cause to be administered, poison of any sort whatever, to any horse, mare, foal, filly, jack, mule, ass, sheep, goat, cow, ox steer, bull, heifer, or swine, the property of another, with intent to injure or destroy such horse, mare, foal, filly, jack, mule, or ass, sheep, goat, cow, ox, steer, bull, heifer, or swine; the person or persons so offending shall be fined in the sum of one hundred dollars, or imprisoned in the jail of the proper county, not exceeding thirty days, at the discretion of the court.

SECTION 67. [Repealed 1887, Chap. 106.]

SECTION 67a. [Injuring animals - Abandoning in stormy weather.] - Any person or persons who shall willfully or inhumanly beat, strike, kick, wound, kill or mutilate any horse, mule, cow, ox, sheep or swine, or any other animal enumerated as among domesticated animals, or any person or persons , whether the offender be owner, agent or servant, who allows his team, whether horses, mules or oxen to stand tied upon the street for four hours at a time in cold or stormy weather to the injury of said team, shall upon conviction be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. [1887, chap. 106.]

SECTION 67b. [Overworking, tormenting, etc.] - Any person or persons who shall overdrive, torture, torment, overload or overwork any horse or horses, mule or mules or oxen, shall upon the conviction of any of the offenses enumerated herein, be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as hereinafter provided. [Id. Section 2.]

SECTION 67c. [Starving animals.] - Any person or persons, whether as owner or agent, having in charge horses, mules, cattle, sheep or swine, or any other domesticated animal or animals commonly called live stock, who shall willfully or carelessly neglect to provide sufficient sustenance or shelter therefor, at any season of the year, shall, upon the conviction, be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as hereinafter provided. [Id. Section 3.]

SECTION 67d. [Cruelty to animals - Arrest - Penalty.] - It is hereby made the duty of sheriffs, constables, marshals of cities or villages, or police officers, to immediately arrest any person or persons violating any of the provisions of the foregoing sections of this act, without warrant or process, and call upon bystanders or others for assistance when the same may be necessary to enable them to make such arrest. Any person who shall violate any of the provisions of this act shall for each offense be fined in any sum not less than give ($5) dollars, nor more than fifty ($50) dollars. [Id. Section 4.]

SECTION 68. [Impounded animals to be supplied with food and water.] - Any person who shall impound, or cause to be impounded, in any pound or yard, for sale or slaughter, or for any other purpose, any domestic animal, shall supply the same during such confinement with a sufficient quantity of good and wholesome food and water, and in default thereof shall, upon conviction, be adjudged guilty of a misdemeanor, and in case any domestic animal shall be at any time impounded or yarded, as aforesaid, and shall continue to be without necessary food and water for more than twenty-four 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 or yard in which any such domestic animal 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 for such food and water may be collected by him of the owner of such domestic animal, and the said domestic animal shall not be exempt from levy and sale upon the execution issued upon a judgment therefor.

SECTION 69. [Cruel transportation of animals.] - If any person shall carry, or cause to be carried, in or upon any vehicle or otherwise, any domestic animal in a cruel or inhuman manner, he shall be deemed guilty of a misdemeanor, and whenever he shall be taken into custody therefor by any officer, such officer may take charge of such vehicle and its contents, and deposit the same in some safe place of custody; and any necessary expenses which may be incurred for taking charge of and sustaining the same, shall be a lien thereon, to be paid before the same can be lawfully recovered, and if the said expenses, or any part thereof, remain unpaid, they may be recovered by the person incurring the same, of the owner of said domestic animal in any action therefor; and it shall be unlawful for any person or corporation engaged in transporting live stock on railway trains, to detain such stock in cars for a longer continuous period than twenty-four hours without supplying the same with food and water.

SECTION 70. [Abandonment of sick or disabled animals.] - If any maimed, sick, infirm or disabled domestic animal, shall be abandoned to die by any person in any public place, such person shall be deemed guilty of a misdemeanor, and it shall be lawful for any magistrate or chief of police in this state, to appoint suitable persons to destroy such domestic animal, if unfit for further use.

SECTION 71. [Same - Penalty.] - Any person convicted of a violation of any of the provisions of the last four preceding sections, shall pay, for every offense, a fine not less than five nor more than fifty dollars.

SECTION 72. [Bull Baiting - Torture of animals.] - Any person or persons who shall confine, or aid or assist in confining, any bull, steer or other domestic or domesticated animal or animals, either by tying, penning or inclosing the same, for the purpose of bull baiting, bear baiting or other purpose of torture, or shall aid or assist in torturing the same, when so tied or penned, either by dogs, whips, spears or other instruments, shall pay a fine not exceeding one hundred dollars.

SECTION 74. [Horse Racing.] - If any two or more persons shall run a match, horse race or races in any public road in common use, for the purpose of trying the speed of their horses, every person so offending shall be fined in any sum not exceeding five dollars nor less than one dollar.

SECTION 75. [Spreading disease among sheep.] - Any person being the owner of sheep, or having the same in charge, who shall turn out, or suffer any sheep having any contagious disease, knowing the same to be so diseased, to run at large upon any common, highway, or enclosed ground, or who shall sell any such sheep, knowing the same to be diseased, without fully disclosing the fact to the purchaser, shall be punished by a fine of not less than twenty dollars and not exceeding three months; Provided, This section shall not be so construed as to prevent any person owning such diseased sheep from driving along any public highway. [Amended 1875, 5].

SECTION 76. [Selling or allowing to run at large diseased animals.] - It shall be unlawful for any person to sell, barter or dispose of, or permit to run at large any horses, cattle, sheep or domestic animal, knowing that such horse, cattle, sheep or domestic animals are infected with contagious or infection disease, or have been recently exposed thereto, unless he shall first duly inform the person to whom he may sell, barter or dispose of such horse, cattle, sheep, or other domestic animal, of the same; and any person so offending shall be fined in any sum not less than twenty dollars nor more than one hundred dollars, or be confined in the jail of the county not exceeding three months. [Id.]

SECTION 77. [Allowing diseased animals to come in contact with others.] - If any person, being the owner, or having charge of any horses, cattle, sheep or any kind of stock, knowing the same to be infected with contagious or infectious disease, shall knowingly permit it to come in contact with any other person's horses or stock, without such person's knowledge or permission, such person shall be fined in any sum not less than fifty nor more than fifty days.

SECTION 78. [Taking and using animals without leave.] - If any person shall unlawfully take any horse, mare, gelding, foal or filly, ass or mule, from the stable, lot or pasture of another, or from a hitching rack, or any other places as aforesaid, have [having] been lawfully placed, without consent of the owner, with intent to injure, set at large or wrongfully use the animal so taken, such person shall be fined in any sum not exceeding one hundred dollars, or be imprisoned in the county jail not exceeding three months, or both, and shall also be liable to the party injured in double the amount of damages sustained. [Amended 1875, 5.]

SECTION 79. [Repealed 1879, page 70.]

SECTION 80. [Disturbing impounded cattle.] - It is hereby declared unlawful for any person or persons to interfere with, or set at liberty any domestic animal or animals impounded in a lawful manner by any other person; and every person so offending shall, upon conviction thereof, pay a fine not exceeding one hundred dollars nor less than five dollars.

SECTION 81. [Stealing or interfering with bees or honey.] - If any person shall steal any hive, box, bee palace or other contrivance containing honey or honey bees, the property of another, of less value than thirty-five dollars; or if any person shall steal honey from any such hive, box, bee palace or other contrivance, as aforesaid; or if any person shall willfully and maliciously disturb, injure or destroy any such hive, box, bee palace or other contrivance containing honey or honey bees; or if any person shall steal, or by any art, device or contrivance, or in any manner whatever, decoy from any such hive, box, bee palace or contrivance, any such honey bees, with intent to convert the same to his own use, or with intent to damage or defraud the owner thereof; or if any person shall by any art, contrivance or device, unlawfully and maliciously injure, damage or destroy any such honey bees, by means of poison or otherwise, every person so offending shall be fined in any sum not exceeding one hundred dollars, and shall be confined in the jail of the county not less than ten nor more than thirty days, and shall, moreover, be liable to the party injured in double the value of the property stolen, injured or destroyed.

SECTION 82. [Entering premises of another with intent to disturb bees or honey.] - Any person or persons who unlawfully enters the premises of another, for the purpose of disturbing or carrying away any box, gum or vessel containing bees or honey, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the jail of the county not exceeding sixty days, or both, and shall make restitution to the party injured in double the amount of damages sustained.



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