The Hawaiian gazette., 1884-11-05
Bp autburitp-
SESSION LAWS OF 1884.
AN ACT


To MAKE FURTHER AND BETTER PRov1sIos
FOR THE PREVENTION OF CRUELTY TC
ANIMALS.
Be it Enacted by the King and the Legis
lative Assembly of the Hawaiian Islands
in the Legislature of the Kingdom as
sembled
SECTION l. II any person shall over
drive, overload, torture, torment, deprive
of necessary sustenance, or cruelty beat
or needlessly mutilate or kill, or cause OF
procure to be over-driven, overloaded
tortured, or deprived of necessary susten.
ance, or to be cruelty beaten, or need
lessly mutilated or killed, as aforesaid
any living creature, every such offender
shall, for every such offence, be guilty Of
a misdemeanor
SECTION 2. Any person who shall keep
or use, or in any way be connected with
or interested in the management OF, OF
shall receive money for, the admission Of
any person to any place kept or used fol
the purpose OF fighting or batting 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
shall, upon conviction thereof, be adjuged
guilty of a misdemeanor.
SECTION 3. Any Poundmaster who shall
receive into his Pound any creature, shall
supply to the same, during such eon6ne-
ment, sufficient quantity Of good and
wholesome food and water, and in default
thereof shall, upon conviction, be adjudg
ed guilty of misdemeanor.
SECTION 4. II any person shall carry OF
cause to be carried, In or upon any vehi-
Gle or other conveyance, any creature, in
cruel or inhuman manner, he shall be
guilty of misdemeanor.
SECTION 5. Every person who shall will
fully set on foot, or instigate, or move to-
or carry on, or promote, or engage in or dc
any act towards the furtherance of any ACT
of cruelty to animals shall be guilty of q
misdemeanor.
SECTION 6. Any person who shall sell
or offer for sale, or use, or expose, or who
shall cause or procure to be sold, or offered
for sale, or used, or to be exposed, any
horse or any other animal having the dis.
ease known as CHAMBERS, or farcy, or any
other contagious or infectious disease
known by such person to be dangerous to
human life, or which shall be diseased
past recovery, shall be guilty of q INSIDE
meanor.
SECTION Z. The Agent of any Society
which shall be formed or incorporated fol-
the prevention of cruelty to animals, upon
being appointed thereto by the President
of such Society, in any district in this
Kingdom, may within such districts make
arrests and bring before any District Jus
tice or Police Magistrate thereof offenders
found violating the provisions of this Act,
to be dealt with according to law.
SECTION s. Any officer, agent or mem
Der of such Society may lawfully interfere
to prevent the preparation of any act OF
cruelty upon any animal in his presence
Any person who shall interfere with OF
obstruct any such officer, agent or member
in the discharge ofhis duty shall be guilty
of misdemeanor.
SECTION 8. When any person arrested
is at the time of such arrest in charge OF
any vehicle drawn by or containing any
animal, any Agent of such Society may
take charge of such animal and of such
vehicle and its contents, and deposit the
same in safe place of custody, or deliver
the same into the possession of the police
or Sheriff of the place wherein such arrest
was made, who shall thereupon assume
the custody thereof.
SECTION 10. Upon complaint under oath
to any District Judge or Magistrate autho-
rlzed to issue warrants in criminal cases,
that the complainant has Just and reaso-
nable cause to suspect that any Of the
provisions OF law relating to or in anywise
affecting animals are being, or are about
to be, violated in any particular building
or place such Magistrate shall Immediately
issue and deliver a warrant to any person
by law to make arrests for such
offences, authorizing him to enter and
search such building or place and to ar
rest any person there present found VIC
lating any of said laws, and to bring such
person before the nearest Magistrate of
jurisdiction, to be dealt with
according to law.
SECTION IL. In this Act and in every
law passed, or which may be passed, relat-
ing to or affecting animals, the singular
shall include the plural The words 'ani-
NAL" or dumb animal" shall be held to
include every living creature; the words
torture" torment" or Cruelty" shall
'O ASAu W lAOluue every dCJ, OI1lS5lOu, OF
neglect whereby unjustifable physical
pain, suffering or death is caused or per-
mltted; and the words "owner" and "per-
son" shall be held to include corporations
as well as individuals.
SECTION II. Any person convicted IN
der the provisions of this Act shall forfeit
and pay any sum not exceeding twenty
dollars, with or without hard labor not ex-
,eeding one month, in the discretion of
lhe Court
SECTION 13. And be it further enacted
hat Chapter XIV of the Penal Code be
and the same is hereby repealed, as well
IS all other Acts and parts of Acts incon-
iistent with and contrary to the provision
If this Act
Approved on this Dist day of August.
4. d. 1884 KALAKAUA. REX.