The Jersey City news., 1899-11-13
S. P. c. A. UPHELD
Society Is Not Liable for
Farrell's and Ham
mas Dogs.
FIGHTING AGAINST THE LAW
Property Used to Commit
Crime May Be
Confiscated.


vention of cruelty to animals persons
designated in that act as agents Of the
New Jersey Society for the Prevention OF
Cruelty to Animals" do not proceed as
representatives Of the society, and the So
ciety is NOT responsible for their conduct,
in the absence of any actual directions or
interference by the society
President George M. Mccarthy, of the
Hudson County District Society for the
Prevention of Cruelty to Animals, at mid
night on January I. 1897, in Jersey City,
raided dog fight then taking place on
the top floor of a stable, and arrested
thirty-seven men who were subsequently
fined SO each by Police Justice Potts, the
principals being held for the Grand Jury.
The dogs used in the fight were sent TO
the shelter OF the American S. p. G. A. in
New York, the Hudson county society not
havingsits shelter completed at that time
No claim being made and proven to regain
possession, the dogs being vicious and OF
no use except for figiting, We're humaneiy
killed in the gas chamber in New York.
Shortly after Bernard Farrell, since elect
ed an Alderman in Jersey City, sued IN
the Second District Court, for the white
dog. alleging that it was worth $500, and
Tim Hanna sued in the Hudson Circuit
Court to recover 81, 600 for the brindle dog.
Most of the sports, who attended the fight
first met at Farreli's saloon in Jersey City
and went from there to where the pit was
set. Farrell and Hanna were both arrest
ed with the others caught and fined The
evidence submitted before Judge Nevius
was that George NJ. Mccarthy. an agent
of the New Jersey Society for the Proven
ton Of Cruelty. to Animals" had seen the
dogs fighting in the presence of the plain
tiff, Hanna, and other men, that he had
sent the dogs to New York to be killed
On this state of the evidence non-suit
was ordered, and an exception being
thereto sealed for the plaintiff. error was
assigned thereon. In Affirming the decis-
ion of the Circuit Court, Judge Jonathan
Dixon says in his opinion:-
1--WE think the non-suit was right I'm
der An act to incorporate the New Jer-
sey Society for the Prevention of Cruelty
to Animals approved April 8, 1888, and its
supplements q Gen. st. p. s2) there exist
not only the original association, but also
subordinate district societies organized in
various counties of the State; but in all
legal proceedings the title Of each of these
societies is that of the original association.
These statutes do not confer either upon
the societies or their agents any special
power or duties with regard to the pre-
vention of cruelty, but merely declare the
purpose of their organization to be the
enforcement of all laws which are now
or may hereafter be enacted for the pro-
lection of dumb animals. The specific
duties and powers created by law for the
protection of dumb animals as far as is
now pertinent, are to be found in An act
for the Prevention of Cruelty TO Animals
approved March II, 1880, and its supple
ments q Gen. ST. p. 34). Section IL of this
act provides that any sheriff, under sher-
iff, constable, police officer or agent of
the New Jersey Society for the Prevention
of Cruelty to Animals may enter any
place, building or tenement where there
is an exhibition of the fighting or batting
of any bull, bear, dog, cock, bird or other
living animal or creature - and take
possession of all bulls, bears. dogs, cocks,
birds or other living animals or creatures
engaged in fighting; and section as
amended by the supplement of March %,
1883. provides that the person . SO
seizing such living animals -. shall,
within twenty-four hours after such seiz-
ure. make application to justice of the
peace, district court or police magistrate
to have the same forfeited and sold:
!. and If. upon the hearing of such
application. it shall be found and adjudged
that at the time of such seizure the same
were engaged or used in violation of said
section II =. they shall be adjudged
forfeited, and the said justice, district
~ ~
sold in such manner as he may deem
proper; and after deducting the costs and
expenses, shall pay one-half of the pro-
ceeds Of such sale to 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 Animals,
and the other half to the person making
the seizure aforesaid; but should the crea-
ture ~. so seized be adjudged not
forfeited, the same shall be returned to
the owner. and the party making the
seizure shall pay all the costs and ex-
penses of the same.
Those enactments make 1t clear that
in the proceedings contemplated the
society is not an actor. While through
its instrumentality certain persons are
designated as agents, just as though other
instrumentaiities other persons are
designated as sheriffs. under sheriffs, con-
stables. OF police officers, yet, when these
persons make seizure of property for sup
posed violations of law, they do So not
because they are empowered or ordered
to do SO by the instrumeutality which
selected them, but because of the
duty enjoined upon them personally
and directly by the Legislature.
The officer, acting on his own response
bility and in his own behalf, not as rep
reseritative of his constituent, is au-
thorized to take possession of the prop
erty, is directed to- make application for
its forfeiture, and. If he falls in such APP
pIcation, he is charged with the costs and
expenses only after forfeiture has been
adjudged, and the forfeited property has
been sold, does the society become legally
concerned In the matter. Then it Is en-
titled to one-half of the net proceeds Of
sale, and that equally whether the seizure
had been made by a person designated as
its agent, or by a sheriff or other officer.
At no stage of the transaction is there
anything on which to found a presump-
tionsor inference that the Legislature meant
to charge the society with any RESPONSE
bility for the possession or disposition Of
the property seized. or for the proceed
ipgs Instituted for that end. 1t was there
rfpres incumbent Ofls the Dafrffff in fhi9