Full Statute Name:  New York Revised Statutes 1866: Chapter 783: Sections 1-10

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Popular Title:  An act for the more effectual prevention of cruelty to animals. Primary Citation:  N.Y. Rev. Stat. ch. 783, ยงยง 1-10 (1866) Country of Origin:  United States Last Checked:  January, 2015 Date Adopted:  1866
Summary:

Chapter 783, entitled "An act for the more effectual prevention of animal cruelty," concerns New York's Law on animal treatment for 1866. 

Statute Text: 

L. 1866, Chap. 783 - 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 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.

 

For keeping a place for cock fighting, bull baiting, dog fighting, etc. SECTION 2. 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.

 

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 may 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 consecutive 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 the 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 judgment therefor.

 

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 lawfully be recovered. Or the said expenses or any part 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, form 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.

 

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 offenders found violating the provisions of this act, and all fines imposed and collected in any such county, under the provisions of this act, shall inure to said society, in aid of the benevolent objects for which it 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.

 

Proviso. SECTION 10. 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.

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