§ 181. Keeping a place where animals are fought. A person who keeps or uses, or is in any manner connected with, or interested in the management of, or receives money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place who wilfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place, and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law. Derivation: Penal Code, § 665, as amended L. 1888, ch. 144, § 2. § 182. Instigating fights between birds and animals. A person who sets on foot, instigates, promotes, or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, or having custody of such birds or animals, is guilty of a misdemeanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by imprisonment not less than ten days nor more than one. year, or both. Derivation: Penal Code, § 664. § 183. Officer may take possession of animals or implements used in fights among animals. Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also, the time and place at which the application provided for by the next section will be made. Derivation: L. 1875, ch. 97, § 1. § 184. Disposition of animals or implements used in fights among animals. The officer, after taking possession of such animals, or implements, or other property, pursuant to the preceding section, shall apply to the megistrate before whom complaint is made against the offender violating such provision of law, for the order next hereinafter mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other property so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements, or other property, to such magistrate, who shall thereupon, by order in writing, place the same in the custody of an officer or other proper person in such order named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without delay, to the district attorney of the county. The officer or person so named and designated in such order, shall immediately thereupon assume such custody, and shall retain the same for the purpose of evidence upon such trial, subject to the order of the court before which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender, the animals, implements, or other property, shall be adjudged by the court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, such court shall, on demand, direct the delivery of the property so held in custody to the owner thereof. Derivation: L. 1875, ch. 97, § 2, as amended L. 1875, ch. 246, § 1. § 185. Overdriving, torturing and injuring animals; failure to provide proper sustenance. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor. Nothing herein 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 this state. Derivation: Penal Code, § 655; second paragraph, L. 1867, ch. 375, § 10. People v. Spec. Sess. (1875), 4 Hun, 441; Davis v. Society (1878), 75 N. Y. 362, 16 Abb. Pr. (N. S.) 73, aff'g 6 Daly, 81; Warren v. Perry (1878), 14 Hun, 337; People v. Theobald (1885), 92 Hun, 182; Rutherford v. Krause (1894), 8 Misc. 547; Saunders v. Post Standard Co. (1905), 107 App. Div. 84, 86, 94 N. Y. Supp. 993; McCarg v. Burr (1906), 186 N. Y. 469, 106 App. Div. 275, 277, 94 N. Y. Supp. 675; see also People v. Tinsdale, 10 Abb. Pr. (N. S.) 374; Broadway Stage Co. v. Am. Soc., etc., 15 Abb. Pr. (N. S.) 51; People v. Brunell, 48 How. Pr. 435; Paine v. Bergh, 1 City Ct. Rep. 160; Ross's Case, 3 City Hall Rec. 191; Lachine's Case, 4 City Hall Rec. 26; Morris' Case, 6 City Hall Rec. 62; People v. Stokes, 1 Wheel. Cr. Cas. 111; Callaghan v. Society, lo Cox Cr. Cas. 101, 37 Eng. Rep. 813; Ford v. Wiley, 23 Q. B. Div. 203, 40 Alb. L. J. 270. § 186. Abandonment of disabled animal. A person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled or infirm animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of the American society for the prevention of cruelty to animals, or of any society duly incorporated for that purpose, or any police officer, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past recovery for any useful purpose; or after such agent or officer has obtained in writing from the owner of such animal his consent to such destruction. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent or officer of said society or societies or any police officer may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a charge thereon. Derivation: Penal Code, § 656, as amended L. 1888, chs. 144, 490; L. 1907, ch. 192, § 1. Saunders v. Post Standard Co. (1905), 107 App. Div. 84, 86, 94 N. Y. Supp. 993; Sahr v. Scholle (1895), 89 Hun, 42, 35 N. Y. Supp. 97; People v. Christy (1892), 8 N. Y. Cr. 483, 20 N. Y. Supp. 278. § 187. Failure to provide proper food and drink to impounded animal. A person who, having pounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor. In case any animal 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 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 of such food and water may be collected by him of the owner of such animal, and the said animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. Derivation: Penal Code, § 657. All after first sentence is L. 1867, ch, 375, § 4. 33 § 188. Selling or offering to sell or exposing diseased animal. A person who wilfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings, or animals, or which is diseased past recovery, or who refuses upon demand to deprive of life an animal affected with any such disease, is guilty of a misdemeanor. Derivation: Penal Code, § 658. Fisher v. Clark, 41 Barb. 329; Mills v. N. Y. & Harlem R. Co., 2 Robt. 236; Fultz v. Wycoff, 25 Ind. 321; Eaton v. Winne, 20 Mich. 156, 4 Am. Rep. 377; Barnum v. Van Dusen, 16 Conn. 200; Mullett v. Mason, L. R. I. C. P. 559. § 188-a. Selling disabled horses. It shall be unlawful for any person holding an auctioneer's license knowingly to receive or offer for sale or to sell at public auction, other than at a sheriff's or judicial sale under a court order, any horse which by reason of debility, disease or lameness, or for any other cause, could not be worked in this state without violating the law against cruelty to animals. Any person violating any provision of this section shall upon conviction be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Added by L. 1916, ch. 309, in effect April 25, 1916.) § 189. Carrying animal in a cruel manner. A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. Derivation: Penal Code, § 659. § 190. Poisoning or attempting to poison animals. A person who unjustifiably administers any poisonous or noxious drug or substance to a horse, mule or domestic cattle or unjustifiably exposes any such drug, or substance with intent that the same shall be taken by a horse, mule or by domestic cattle, whether such horse, mule or domestic cattle be the property of himself or another, is guilty of a felony, punishable by imprisonment in a state's prison, for not more than five years. A person who unjustifiably administers any poisonous or noxious drug or substance to an animal, other than a horse, mule or domestic cattle, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, other than a horse, mule or domestic cattle, whether such animal be the property of himself or another, is guilty of a misdemeanor. (Amended by L. 1910, ch. 190, in effect Sept. 1, 1910.) Derivation: Penal Code, § 660. People v. Knatt (1898), 156 N. Y. 302, 13 N. Y. Cr. 92. § 191. Throwing substance injurious to animals in public place. A person who wilfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass. nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. Derivation: Penal Code, § 662. People v. Sheridan, 1 N. Y. Supp. 61, 15 N. Y. St. 939. |