St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-05-07

offense after this act takes effect.
SEC. 6. This act shall take effect and be
in force from and after its passage.
Approved April 10, 1889.
40.
n. r. No. 291.--AN ACT to amend title six.
teen (l6) of the Penal Code of Minnesota
relating to cruelty to ANIMALS.
Be II enacted by tho Legislature OF the State
of Minnesota:
SECTION l. That title sixteen Q6) Of the
Penal Code Of Minnesota be and the same Is
hereby amended so as to read as follows:
SEC. 3 A person who overdriveS, over.
loads, fortunes, or cruelty beats or negleets,
or Enthusiastically Injuries, mains, initiates or
kills any animal, whether belonging to NM
self or TO another; or depriyes OF necessary
food, water or shelter, amy, animal OF when
he has the charge or control, or which he has
impounded or confined; or keeps, or carries
in or upon vehicle or otherwise, any anil
NAL in a cruel or inhuman manner; or Keeps
cows or other animals in any Enclosure WITH
out wholesome exercise and change OF air.
or feeds cows on food that produces impure
or unwholesome milk; OF, being a person or
corporation engaged IN Transporting 1--we
stock, detains such stock in cars CT IN com.
partments for longer continuous period
than twenty-four hours, within this state,
without supplying the same with necessary
food, water and attention, or permits such
stock TO be so crowded together as to oyerlle,
crush, wound or kill each other, or procures
to be done, or wilfully sets on foot, instigates,
engages in or in way way furthefs any act OF
cruelty to any animal, or any act tendlng 10
produce such cruelty, Is punishable by I'M
prisonment not exceeding three months OF
fine of not more than one hundred dollars.
Sec. ). Any agent or officer OF the Min.
nesota Society for the Prevention of Cruelty"
or of any society duly Incorporated for that
purpose 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. When any person
| charge of any animal or OF any vehicle
| drawn by or containing any animal, any
agent of said society or societies may take
| charge of such animal and OF such yehlcle
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 Gus
| tody thereof; and all necessary expenses In
| CURED in taking charge Of such property
| shall be lien thereon.
SEC. 4. Any person who shall wantonly
MAIN, kill or destroy, by any means what
ever, any brown thrush, blue, bird, martin,
| swallow, wren, cat-bird. robin, pee-Wee;
| meadow lark, or other insect-derouring bird
| of any kind or name whatever, Or wantonly
| destroy the nests or eggs of any such bird, is
| punishable by fine not exceeding fifteen
| dollars (s15) nor less than one dollar eSD..
| SEC s. ANY person who uni uStiiably adj
| ministers any poisonous or nexlous drug or
substance to any animal, or procures or per-
mits the same to be done, or unjustifably ex-
| poses any such drug Or substance with intent
| that the same shall be taken by any animal,
| whether such animal be the property Of him
self or another, is punishable by imprison-
| ment not exceeding three (3) months, or
| fine Of not more than one hundred dollars.
SEC G. MhSs s a ssagages IL 81 Is ae
| lighting, tear-baiting, pitting one animal
| against another, of the same or Of different
| kind, or any similar cruelty to animals, or re-
ceives money for the admission OF any per
son to any place used or about to be used for
any such purpose, or wilfully permits any
| one to enter upon or use for any such pur.
pose premises Of which he is the owner,
agent or occupant; or uses, trains or posses.
ses dog or other animal for the purpose OF
Selling. OBTAINING or maltreating any do.
nestle animal shall be fined not more than
one hundred dollars (S10O), nor less than
five dollars (S5), or imprisoned not more
than three months, nor less than ten days.
and any one who knowingly purchases 9
ticket of admission to any place mentioned
in this section, or Is present thereat, or wit
nesses such spectacle. shall be deemed an
alder and abettor.
| law to make arrests may lawfully take posses.
sion 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 herein after
provided for will be made.
SEC 8. The officer or agent after taking
possession Of such animals, or implements
or other property, pursuant to the preceding
| section shall apply to the magistrate or court
| before whom complaint is made against the
offender violating such provisions of law, for
shall make and file an affidavit with such
magistrate or court stating therein the name
| of the offender charged In such complaint
| the time, place, and description of the anil
| together with the name Of the party who
claims the same, If known, and that the
affiant has reason to believe, and does be-
lieFe, stating the grounds Of such belief, that
violation, and viii establish the truth thereof
upon the trial OF such offender. He shall
| then deliver such animals, implements, or
| other property to such magistrate or court,
! who shall thereupon, by order in writing.
place the same in the custody of the officer.
or other proper person In such order
| him kept nntil the trial OF final
discharge Of the offender, and shall send
| copy Of such order. without delay, to the
county attorney. The officer or person so
| named and designated in iuch order shall
| Immediately thereupon assume such custody,
| and shall retain the same for the purpose OF
| evidence upon such trial, subject to the Or
| der of the court before which such offender
may be required to appear, un. il his final dis
| charge or conviction. Upon the conviction
| of such offender, the animals, implements,
| or other property shall be adjndged by the
| court to be forfeited In the event Of ac-
| quittal CT final discharge without conviction
| of such offender such court SHALL on de-
| mend, direct the delivery of the property SO
| held in custody to the owner thereof.
SEC. 9. When complaint is made on oath
| or affirmation to magistrate orcourt author
| lied to issue warrants in criminal cases. that
| the complainant believes that any of the pro
visions of law relating to or affecting ami
| mails are being or are about to be violated in
! any particular building or place, such magis
! trate Or court shall issue and deliver imme-
| diately a warrant directed to any sherif g,
/ constable, police officer, or agent of such
| association aforesaid, authorizing him to
! enter and search such building or place,
| and to arrest any person there pres
| ent violating or attempting to violate
! any such law, and to bring such person before
sople court or magistrate of competent juris-
O. don within the city, village, or county,
milted, to be dealt with according to law; and
such attempt shall be held to be viola ton OF
such law. and shall subject the person charged
Herewith If found guilty, to the penalties
provided therein.
SEC. 10. When sheriff, constable, mar
shall, police officer, or any agent for any duly
incorporated society for the presentation Of
cruelty to animals has reason to believe that
any person within his Jurisdiction is about to
violate the provisions of Section 6, hereof, he
shall forthwith arrest such person, and take
him before court or magistrate named In
Section 8. hereof; upon the proper affidavit
being filed. such magistrate or court shall
hear the witnesses produced, on cath. and If
the complaint be found true, shall order the
accused to enter into recognizance, with
sufficient sureties. to be approved by the mag
istrate or court before whom such person is
dollars (Sl00.OO) nor more than five hundred
dollars 100000, that he will not violate the
violate the provisions of said Section g, here