Chap. 170.—An ACT to define and punish the offence of cruelty to animals,
and to prescribe the rights, duties and powers of all legally incorporated
societies for the prevention of cruelty to animals in this state, and the ofhi-
cers and agents thereof.

Approved February 7, 1804.

1. Be it enacted by the general assembly of Virginia, That any
person who overrides, overdrives, overloads, tortures, ill-treats or
cruelly or unnecessarily beats, maims, mutilates or kills any animal,
whether belonging to himself or another, or deprives any animal of
necessary sustenance, food or drink, or causes any of the above things,
or, being the owner of such animal, permits such acts to be done by
another, or who willfully sets on foot, instigates, engages in or in any
way furthers any act of cruelty to any animal; or who, having in
custody any maimed, diseased, disabled or infirm animal, leaves it
to lie or be in a street, road or public place, or who shall carry or
cause to be carried in or upon any vehicle or vessel, or otherwise,
any animal in a cruel, brutal or inhuman manner, or 80 as to pro-
duce torture or unnecessary suffering, shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not more
than one hundred dollars, or confined in jail for a period not ex-
ceeding twelve months, or both: provided that nothing in this act
shall be construed as prohibiting the docking of horses’ tails or the
dehorning of cattle.

2. Any officer or agent of any society duly incorporated under
the laws of this state for the prevention of cruelty to animals, whose
appointment shal] have been approved as hereinafter provided, shall
have power to arrest, without warrant, any person found violating,
in his presence, any of the provisions of this act; and upon making
such arrest shall forthwith convey the person arrested before some
court or magistrate having jurisdiction of the offence, and there
make complaint against him; but said officers and agents shall not
be authorized to make such arrests within any municipal corpora-
tion unless their appointment has been approved by the mayor
thereof, nor within any county beyond the limits of a municipal cor-
poration unless their appointment has been approved by the county
judge of said county; and the mayor or county judge shall keep a
record of all such appointments, and require the officer or agent to
execute bond in the penalty of five hundred dollars, with security
conditioned according to law, and that such officer or agent will not
knowingly make a false or improper arrest under the provisions of
this act.

Such officers and agents shall be provided with a certificate by
the society appointing them, that they are such officers or agents, in
such form as the directors of said society may choose, which certifi-
cate shall also bear the written approval by the mayor or county judge
of such appointment as provided for in this section, and the said
officers and agents shall, if requested, show such certificates when
acting Officially; and any such officer or agent shall have power to
execute any warrant issued by a magistrate for the violation of any
of the said provisions, whether the offence was committed in his
presence or not.

In no case shall the appointment of such officers or agents, or any
services performed by them, entail any cost or expense upon such
county or municipal corporation or upon the state.

3. Any such officer or agent whose appointment shall have been
approved, as provided in section two, may lawfully interfere to pre-
vent the perpetration of any act of cruelty upon any animal in his
presence; and every person who shall interfere with or obstruct or
resist any such officer or agent in the discharge of his rights, powers
and duties, as autborized and prescribed in this act, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than fifty dollars or confined in jail not more than
thirty days, or both.

4. When a sworn complaint is made to any proper authority by
any such agent or officer that the complainant believes and has rea-
sonable cause to believe that the laws in relation to cruelty to ani-
mals have been, are being, or are about to be violated in any particu-
lar building or place, such authority, if satisfied that there is rea-
sonable cause for such belief, shall issue a warrant authorizing any
sheriff, deputy sheriff, sergeant, deputy sergeant, constable, police
officer, or any such officer or agent of such society, to search such
building or place; but no such search shall be made after sunset,
unless specially authorized by such authority upon satisfactory
cause shown.

5. Any such agent or officer may lawfully destroy, or cause to be
destroyed, any animal in his charge or found abandoned or not prop-
erly cared for, when, in the judgment of such agent or officer, and of
two reputable citizens called to view the same in his presence, one

of whom may be selected by the owner of said animal, if he should

so request, and who shall give their written certificate thereto, such

animal appears to be injured, disabled, diseased past recovery or

unfit for any useful purpose; and should the two citizens called in,

as apove, disagree, they shall select a third, and his decision shall
e final.

6. When any person arrested under any provision of this act is at
the time of such arrest in charge of any vehicle drawn by or contain-
ing any animal cruelly treated, any such agent or officer of such
society may take charge of such animal and of such vehicle and its
contents, and shall give notice thereof to the owner, if known, and
shall care and provide for them until their owner shall take charge
of the same: provided that the owner shall take charge of them
within thirty days from the date of said notice, and the said society
shall have a lien on said animals and vehicles for the expenses -of
such care and provision, which lien may be enforced as provided in
section eight.

7. Any such officer or agent may lawfully take charge of any animal
found abandoned, neglected or cruelly treated, or unfit for use; and
shall thereupon give notice thereof to the owner, if known, and may
provide for such animal until the owner take charge of the same,
and the expenses of such care and provision shall be a charge against
the owner of such animal, collectible by the society, whose officer or
agent may have taken charge of such animal, from the owner by
suit.

8. When any such society, acting through its agents or officers,
shall provide a neglected or abandoned animal, or any other animal
taken charge of by the society as hereinbefore provided, with proper
food, shelter and care, it may detain such animal until the expense
of such food, shelter and care is paid, and shall have a lien upon
such animal therefor, and if such expense be not paid within twenty
days after such food, shelter and care begins to be furnished as afore-
said, such animal may be sold at public auction, upon giving written
notice of the time and place of sale at least six days previous thereto
to the owner, if he be known, and if he be not known, by giving
notice of the time and place of such sale for at least six days pre-
vious thereto in sorfie newspaper published in the county or city
where such animal was found; and after discharging the lien on
said animal or vehicle, as provided in this act, the proceeds remain-
ing shall be paid over to owner of said animal.

9. The provisions of this act may be enforced by any justice of the
peace in cities, towns or counties wherein the offence is committed
or the offender or owner may be found, and every such offender shall
have the right of appeal to the curporation court in cities, and the
county court in counties.

10. In every case prosecuted upon the evidence, complaint or in-
formation of any officer or agent of any duly incorporated society
for the prevention of cruelty to animals, one-half of the fine assessed
against the accused person, who may have been convicted, shall, upon
the collection of said fine, be paid over to the said society.
11. Section thirty-seven hundred and ninety-six of the code of
Virginia, as amended by act of the general assembly, approved March
first, eighteen hundred and ninety-two, and all other acts or parts of
acts in conflict with this act, are hereby repealed.

12. Whenever a warrant is sworn out or a presentment, indittment
or information is obtained upon the complaint or information of any
such officer or agent, the name of such officer or agent shall be en-
dorsed as prosecutor upon such warrant, indictment, information or
presentment.

13. The whole of the fines collected under this act shall go to the
commonwealth, unless the name of such officer or agent be endorsed
on the warrant, presentment, indictment or information sued out, or
presentments found or obtained upon the complaint and information
of such oflicer or agent.

14. This act shall be in force from its passage.