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New York

New York Revised Statutes 1867: Chapter 375: Sections 1-10

Statute Details
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Citation: N.Y. Rev. Stat. ch. 375, 1-10 (1867)



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Summary:  

Chapter 375, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's law on animal treatment for 1867.  The first section of the act describes the penalty for treating an animal cruelly.  The second section describes the offence of keeping an animal for the purpose of fighting.  The third and fourth sections state the law concerning the impounding of animals.  The sixth section discusses the penalties for transporting an animal cruelly.  The seventh section talks about use of dogs in the city to pull vehicles.  The eighth section concerns the abandonment of animals.  The ninth section discusses the power of a agent of the American Society for the Prevention of Cruelty to Animals to make arrests under this act.  The tenth section concerns the date of publication of this act and the last section writes about an exception from this act for scientific experiments on animals.



Statute in Full:

L. 1867, Chap. 375 An act for the more effectual prevention of cruelty to animals.

          

            Penalty for over-driving, cruelly treating animals, etc.  Section 1.  If any person shall over-drive, over-load, torture, torment, deprive of necessary sustenance, or unnecessarily or cruelly beat, or needlessly mutilate or kill, or cause or procure to be to be over-driven, over-loaded, tortured, tormented or deprived of necessary sustenance, or to be unnecessarily or cruelly beaten, or needlessly mutilated, or killed as aforesaid any living creature, every such offender shall, for every such offence, be guilty of a misdemeanor.

            10 Abb., N. S., 376; 15 id., 59.

 

            For keeping a place for cock fighting, bull baiting, dog fighting, etc.  Section 2.  Any person who shall keep or use, or in any way be connected with, or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, and every person who shall encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, shall, upon conviction thereof, be adjudged guilty of a misdemeanor.

 

            For impounding animals without giving sufficient food and water.  Section 3.  Any person who shall impound, or cause to be impounded in any pound, any creature, shall supply to the same, during such confinement, a sufficient quantity of good and wholesome food and water, and in default thereof, shall, upon conviction, be adjudged guilty of a misdemeanor.

            In what case any person my feed, etc., impounded animal.  Section 4.  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 a upon judgement therefor. [1]

[1] See L. 1875, ch. 107, post, qualifying this act with respect to pigeon shooting.

               Penalty for carrying animals in a cruel manner.  Section 5.  If any person shall carry, or cause to be  carried, in or upon any vehicle or otherwise, any creature, in a cruel or inhuman manner, he shall be 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 keeping and sustaining the same, shall be a lien thereon, to be paid before the same can be lawfully recovered.  Or the said expenses or any pert thereof remaining unpaid, may be recovered by the person incurring the same, of the owner of said creature, in any action therefor.

 

            License for using dogs before vehicles.  Section 6.  Every person who shall hereafter use any dog or dogs, for the purpose  of drawing or helping to draw any cart, carriage, truck, barrow, or other vehicle, in any city or incorporated village, for business purposes, shall be required to take out a license for that purpose, from the mayor or president thereof, respectively, and shall have the number of said license and the residence of the owner distinctly painted thereon; and for each violation of this section shall forfeit and pay a fine of one dollar for the first offence, and a fine of ten dollars for each subsequent offence.

            4 Hun, 441; Abb., N. S., 59

 

            Penalty for abandoning infirm animals in public place.  Section 7.  If any maimed, sick, infirm or disabled creature shall be abandoned to die, by any person, in any public place, such person shall be guilty of a misdemeanor, and it shall be lawful for any magistrate or captain of police in this state, to appoint suitable persons to destroy such creature if unfit for further use.

 

            When agent of society may arrest for violations of this act.  Section 8.  Any agent of the American Society for the Prevention of Cruelty to Animals, upon being designated thereto by the sheriff of any county in this state, may, within such county,  make arrests and bring before any court or magistrate thereof, having jurisdiction, offenders found violating the provisions of this act, and all fines imposed and collected in such county, under the provisions of this act, shall inure to said society, in aid of the benevolent objects for which is was incorporated.

 

            Who shall publish this act, and when it shall be published.  Section 9.  This act shall take effect on the first day of May next.  And the said American Society for the Prevention of Cruelty to Animals shall cause the same to be published once in each week for three weeks, in four daily papers published in New York city, or in default thereof shall forfeit the right to receive the penalties and fines as provided.

 

            Provisio.  Section 10.  Nothing in this act 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.

 

 



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