The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1883-10-19
The Dog I.nNY.

following charge TO the jury
GENTLRMEs OF THE JURY.-The defend |
ant in this case is indicted under an act of
assembly passed in 1860, which reads as
follows:
Every person who shall wilfulIy and ma
lciously kill, main or disfgure any horses,
cattle, or other domestic animals Of anoth- |
er person. or shall wilfully and maliciously
administer poison to any such beasts, or
expose any poisonous substance, with In
tent that the same should be taken or swal-
lowed by them, shall be guilty of misde-
meanor and being thereof convicted, shall
be sentenced to pay fine not exceeding
five hundred dollars, and to undergo an
imprisonment, by separate or solitary con-
finement at labor not exceeding three
years.
In order to convict under this section of
the law, where a domestic animal has been
killed, 1t must appear that the act was will
fully and maliciously done. The wilfully
doing thing means doing 1t of purpose,
with knowledge that the person is doing it
and with intention to do it. To malicious
ly do an act is to be prompted by an un-
lawful and unrighteous motive. Malice is
technical term. In common parlance it
may mean a grudge or disposition to do
another person harm by way of resent
ment or of punishment for some real or
supposed wrong but a malicious act, ac-
cording to the technical meaning Of the
term malicious in law, is any act that pro-
ceeds from wicked and malevolent heart
| bent on doing wrong thing merely for
personal qualification or out of wanton dis
regard of the rights of Others although he
who does the act may have no particular
| enmity against the person injured by it
| an act of mere wanton mischief implies
| malice. Thus, at common law, wantonly
| to shear the tail of horse is malicious
mischief-so poisoning chickens, cutting
down shadetrees, and many other acts of
| that sort.
The legislature, by this statute, intended
| to throw around domestic animals special
protection. 1t may be that the practice of
killing or wounding or maltreating such
animals prevailed so much as to require
special provisions beyond the common law,
and severcr penalties, in order to prevent
the commission of this crime.
| 1t is not enough to show that the accused
has killed the animal it must further be
| shown to the satisfaction of the jury that
the spirit with which the act was done
comes fairly within the meaning of the
terms wiful and malicious.
AS the indictment charges the killing of
a dog, it becomes important that the law
relating to dogs and applicable to this coun-
| ty be understood and made known.
Counsel for the defendant has referred to
the act of IL June, 1878, known as the
''Sheep Law" Pamphlet Laws, 1893.
am of opinion that that act is not in
force in this county. 1t has never been
adopted by vote of the qualified electors
of the county as provided for in the 10th
section. If it had been, it would not have
operated as a repeal of the special laws ap-
plicable to this county.
On the Goth day Of May, 1857, Pamphlet
l.. SOB, an act was passed in reference tC
taxing dogs in Blair countrywide in re
spect to appraisement of damages done by
dogs in killing sheep. The seventh section
provides that any dog seen within an en-
closure where cattle or sheep are kept, ex
cept when in company with his owner Of
some of his family, may be lawfully kill
ed.
On the Goth day of May, 1861, Pamphle
Laws 233, the Blair county act was extend
ed to Lycoming and Columbia counties. l
is therein provided that dogs taxed shall b.
deemed and held to be personal property
and subjects of larceny; and that every do!
or bitch so taxed shall be deemed and con
sidered domestic animal, and the provis
ions of the 154th section of the penal code
of 1860 are thereby declared to be extend
ed to and embrace every such dog or bitcl
as fully and to the same extent as horses o
cattle therein mentioned are included ant
embraced.
BY the Act of 1S May, 1878, Pamphlet L
~, the Act of April, 1854, relating to dog
in Allegheny, Chester, Northampton
Schuylkill and Lancaster counties, was eS
tended to all the counties in the State.
That act provides for the registry of dogs
and that dogs duly registered shall be pei
sonal property and subjects of larceny. b
the special law of 1861, extending the Blai
county law to this and Lycoming counties
< it is only necessary that dog be taxed t
y make him subject of larceny and enttle
to be considered as a domestic animal.
2 So much in regard to the statutes upo
s this subject in force here. The detendar
alleges that this dog had become and was
nuisance to him by trespassing at the tim
he was killed and repeatedly before upo
his premises, that his behavior was such a
r. necessarily to inform the prosecutor
Il | what the dog was doing-annoying the d,
|. fendant and other persons.
The law does not require that it shall
proved by witnesses that the owner of
vicious animal was personally notified I
!. the fact that the animal was trespassing.
!. it is shown that the owner knew of it, Il
l. scienter, as it is called, is made out witho'
o proof that somebody told him of the mi
I. chievous acts of his animal. 1t is enoug
y if the circumstances clearly bring home
@ him the knowledge of the misbehavior.
IS There is no question about this dog
r. having been killed by the defendan b
n cause that is admitted he says he sh
,e him, meant to do it-that the dog was n
is only trespassing upon his grounds, doiI
le injury to his grain at that time, but that
rs had been in the daily habit of doing s
ne and that his baying and barking at mig
n in chasing rabbits in the field where
as was killed, disturbed the quiet of the {
IN fendant himself, his family and all otht
IN within reach of the sound of it.
is 1t is principle of the common law IL
4. a public nuisance, such as slaught
r. house or anything of that sort dangerc
or to the health of the people, destroying tn
W. comfort or endangering their lives may
h abated. If the owner having knowled
H. of the facts declines to himself abate
he nuisance, it may lawfully be done
n others.
ey A, public nuisance may be abated