Historical Law: The first part of this Statute details the incorporation of the Illinois Society for the Prevention of Cruelty to Animals. The second part of the statute describes various laws concerning the treatment of animals.
IL LAWS 1869 JAN. PUBLIC
CRUELTY TO ANIMALS.
In force March 25, 1869
AN ACT to incorporate the Illinois Society for the Prevention of Cruelty to Animals
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly , That George C. Walker, Thomas. B Bryan, Julian S. Rumsey, Belden F. Culver, Ranch S. N. Wilcox, and T. D. Brown, their associates and successors, are hereby made a corporation by the name of "The Illinois Society for the Prevention of Cruelty to Animals," with all the powers and privileges, and subject to all the duties, liabilities and restrictions set forth in all general laws which now are or hereafter may be in force relating to such corporations, with authority to hold such real and personal estate, for the purposes of the corporation, not exceeding in amount of one hundred thousand dollars.
SECTION 2. This act shall take effect upon its passage.
Approved March 25, 1869.
In force March 31, 1869
AN ACT for the prevention of cruelty to animals.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly , That whoever shall overdrive, overload, overwork, torture, torment, deprive of necessary sustenance, cruelly beat, mutilate or kill, or cause or procure to be so overdriven, overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed, any horse, ox or other animal, and whoever, having the charge or custody of any such animal, either as owner or otherwise, shall unnecessarily fail to provide such animal with proper food, drink and shelter or protection from the weather, shall, for each and every offense, be punished by a fine not less than fifty dollars and not exceeding one hundred dollars, to be recovered on complaint before any justice of the peace, or by indictment in the country where such offense shall be committed.
SECTION 2. Every owner of, or person having the charge or custody of any horse, ox, or other animal, who shall knowingly and willfully authorize or permit the same to be subjected to or suffer any unnecessary torture or cruelty, shall be punished for every such offence in the manner provided in section one.
SECTION 3. Every owner, driver or possessor, or person having custody of an old, maimed, or disabled or diseased horse, mule or other animal, who shall cruelly work the same when unfit for work, or cruelly abandon the same, shall be punished, for every such offense, in the same manner provided in section one.
SECTION 4. Any person who shall carry or cause to be carried, in or upon any vehicle or otherwise, any animal in an unnecessarily cruel or inhuman manner, shall be punished, for every offence, in the same manner provided in section one.
SECTION 5. No railroad company in this state, in the carrying and transportation of cattle, sheep, swine or other animals, shall confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storm or other accidental causes, without unloading for rest, water and feeding, for a period of at least five consecutive hours. In estimating such confinement, the time the animals have been confined, without such rest, on connecting roads from which they are received, shall be computed - it being the intention of this act to prevent their continuous confinement beyond twenty-eight hours, except upon contingencies hereinbefore stated.
SECTION 6. If the owner or person in charge of said animals refuses or neglects to pay for the care and feed of animals so rested, the railroad company may charge such expense to the owner or consignee, and retain a lien upon the animals until the same is paid, and no claim of damages for detention shall be recovered by the owner or shipper of any animals for the time they are detained under the provisions of this act.
SECTION 7. Any railroad company, owner, consignee or person in charge of said cattle, sheep, swine or other animals, who this act shall, for each and every such violation, be liable for and forfeit and pay a penalty of one hundred dollars, to be recovered in the name of the people of the state of Illinois, before any justice of the peace of the proper county.
SECTION 8. It shall be the duty of all sheriffs, deputy sheriffs, police commissioners, and police officers and constables to prosecute all violations of this act which shall come to their notice or knowledge; and it shall be the duty of all sheriffs and police commissioners to discharge all their subordinate officers who fail to perform their duty as prescribed in this act, and any officer neglecting or failing to perform the duties required under this act shall be liable to a fine not exceeding one hundred dollars, to be recovered before any justice of the peace of the proper county.
SECTION 9. Any person who shall impound or cause to be impounded in any pound, any creature, shall supply the same, during such confinement, a sufficient quantity of good and wholesome food and water, and in default thereof shall, upon conviction, be punished, for every such offence, in the same manner provided in section one.
SECTION 10. 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 such creature shall be so confined and 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.
SECTION 11. It any maimed, sick, infirm or disabled animal shall be abandoned to die by any owner or person having charge of the same, such person shall, for every such offense, be punished in the same manner provided in section one.
SECTION 12. 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, and every person who shall visit such place so kept or used, or who shall be found therein, shall, upon conviction thereof, be punished, for every such offense, in the same manner provided in section one.
SECTION 13. The provisions of section five (5) of this act, requiring animals to be unloaded, shall not apply when they are properly fed and watered on the cars in which they are transported.
SECTION 14. This act shall take effect on and after its passage.
APPROVED March 31, 1869.