Gloucester County Democrat. (Woodbury, N.J.) 1878-1932, 1883-05-10
CHAPTER cxxvITI.

A supplement to an act entitled "An act for the
prevention of cruelty to animals" approved
March eleventh, one thousand eight hundred and
eighty.
!. Be it enacted by the Senate and General As
sembly Of the State Of New Jersey, That section
| six of the act to which this is supplement, be
| amended so as to read as follows-
B-sEIzURE OF PROPERTY
6. And be it enacted. That the person arresting
| the person or persons offending against the pro-
visions of section eleven of this act, and seizng
| sncn living animals, creatures. implements or ap-
pliances, as in said section provided shall, within
twenty-four hours after such seizure, make appli-
cation to justice OF the peace district court or po
| lice magistrate, 10 have the same forfeited and
| sold ; which application shall be in writing and
shall specify the articles seized, the place where
! they were seized, and state for what reason the
same seized and the said Justice shall there
upon cause notice TO be published in newspaper
circulating in the neighborhood of the place where
such seizure made, for at least three times il
/ in daily paper, one time if in a weekly paper,
stating that seizure has been made, the names OF
| the articles SEIZED the place where the
| SEIZED and the reason for such seizure and in
such notice shall appoint time and place, not less
| than five nor more than ten days from the date OF
| such seizure, when and where all parties may be
| heard, and show cause why the application should
not be granted, and if, upon the hearing Of such
application, it shall be found and adjudged that at
the time Of said seizure the same were engaged or
used in violation of said section, or were owned,
| possessed or kept by any person with the intent
| that the same should be SO engaged or used, they
shall be adjudged forfeited, and the said justice,
conrt magistrate shall order the same sol IN
1
| Quoting the cost ard expenses, shall pay one half
the proceeds of such sale the district society for
| the prevention of cruelty to animals, if one is in
existence in his county, and if not then to the New
Jersey society for the prevention Of cruelty to ami
mails, and the other half to the person making the
seizure aforesaid should it be found and adjudged
that any such bird animal is OF vene, the
same shall be set at Liberty or disposed of as the
said justice, court or magistrate may direct; but
should the creature or property so seized be ad-
Judged not forfeited, the shall be returned to
the owner, and the party making the seizure shall
pay all the costs and expenses of the same.
| 2. And be it enacted, That section of the act to
| which this is a supplement, be amended so as to
read as follows:
| G.-PRocEEDINGs.
! IL. And be it enacted, That any justice Of the
peace in the county, any district court police
magistrate in any city where any offense shall have
been committed under the above section thirteen
o: this act is hereby authorized and directed, upon
receiving sufficient proof by affidavit of the same,
and Of any of the following particulars, to proceed
as follows:
/. BY summons when the defendant or defen-
dants are resident within the jurisdiction of the
| court;
ants are temporarily within the jurisdiction of said
Justice, court magistrate, but not residing there
| in; or when the said person or persons is or
likely to evade judgment by removal therefrom
! or when the name or names and residence or resi-
dences of said person or persons is or are
| known;
| III By attachment: when said Justice, court or
1 magistrate is satisfied by affidavit that the owner
| or owners Of any animal which has been or is
being cruelty LrcdfeQ Lle PROVISIONS OF sec
tion thirteen of this act, is the party chargeable
with such ofense under said section, and that said
owner or reside out of the local jurisdiction
of such justice, court or magistrate the said JUS
| tice, court or magistrate shall order and enforce
the same by summary attachment against the ami
NAL cruelty treated and the vehicle truck, cart,
| barrow or wagon to which said animal is may be
fastened, yoked, hitched or harnessed at the time
of said offense, together with the appurtenances.
| PLEADINGs
| The following shall be the form Of the summons
issued in all cases under this act, and the warrant,
when the party is arrested r. in proceeding for the
TO the same as far as practicable, viz:
State of New Jersey,
H. 81 To any constable or police officer las the
case may be) Of said county:
summon to appear before me at my
9hice, in the .,,,of,, Of T. .s on the n,or 20
answer the New Jersey society for the prevention
Of debt, for the penalty of one hundred dollars
by virtue of an act entitled IAN act for the pre-
yention of cruelty to animals approved
one thousand eight hundred and hereof
| fail not,
Given under my hand and seal,
this day Of
one thousand
eight hundred and
When the suit shall be instituted by warrant
the JUSTICE court magistrate shall cause the fol-
lowing order to be endorsed the affidavit filed in
said cause, and shall afix his name to the same,
Having read the within AFFIDAVIT, and being satisfied
as to the suficiency OF the same do hereby order
and adjudge that warrant or warrants, as the case
may be), do Issue against the defendant (or de-
PENDANTS, as the case may be). therein named;
When the suit shall be instituted by attachment
as provided for in this act, the justice, court or
magistrate shall cause the following order to be in
dorsed the affidavit filed in said cause and shall
afix his name to the same, viz:
Having read the within affidavit, and being salts
fed as to the suffciency Of the same, do hereby
order and adjudge that writ Of attachment do