CHAPTER 24.

CRUELTY TO ANIMALS.

203. If any person shall over-drive, over-load, torture, torment, deprive of necessary sustenance, or cruelly beat or needlessly mutilate or kill, or caus procure to be over-driven, over-loaded, tortured, tormented, deprived of necessary sustenance, or to be cruelly beaten, or needlessly mutilated or killed, as aforesaid, any living creature, every such offender shall, for every such offense, be guilty of a misdemeanor.

$204. Any person who shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for, the admission of any person to any place kept or used for the purpose of fighting or baiting 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 adjudged guilty of a misdemeanor.

$205. Any poundmaster who shall receive into his pound any creature, shall supply the same, during such confinement, a sufficient quantity of good and wholesome food and water, and in default thereof shall, upon conviction, be adjudged guilty of a misdemeanor.

$206. If any person shall carry or cause to be carried, in or upon any vehicle or other conveyance, any creature, in a cruel or inhuman manner, he shall be guilty of a misdemeanor.

$207. Every person who shall willfully set on foot, or instigate, or move to, or carry on, or promote, or engage in, or do

any act towards the furtherance of any act of cruelty to animals shall be guilty of a misdemeanor.

$208. 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 disease known as glanders, or farey, 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 a misdemeanor.

$209. The agent of a ciety which shall be formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society, in any district in this Republic, may within such districts make arrests and bring before any District Magistrate thereof offenders found violating the provisions of this Act, to be dealt with according to law.

$210. Any officer, agent or member of such society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct any such officer, agent or member in the discharge of his duty shall be guilty of a misdemeanor.

$211. 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 a 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.

$212. Upon complaint under oath to any District Magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable 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 authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place and to arrest any person there present found violating any of said laws, and to bring such person before the nearest Magistrate of competent jurisdiction, to be dealt with according to law.

$213. In this Act and in every law passed, or which may be passed, relating to or affecting animals, the singular shall include the plural. The words "animal" or "dumb animal" shall be held to include every living creature; the words "torture," "torment," or "cruelty," shall be held to include every act, omission, or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals.

$214. Any person convicted under the provisions of this Act shall forfeit and pay any sum not exceeding twenty dollars or be imprisoned with or without hard labor not exceeding one month or be punished by both such fine and imprisonment.

NOTE TO CHAPTER 24.

$$203-213 are S. L. 1884, Ch. 51, repealing P. C. Ch. 24. §214 is S. L. 1886, Ch. 13. King v. Tai Wa, 5 Haw. 598.

Cases in Hawaiian Reports:

SAmended

ch. 1903

Act 12

CHAPTER 25.

FELONIOUS BRANDING OF CATTLE.

$215. Whoever shall willfully and feloniously brand, or otherwise mark, any kine, horse, mule, sheep, goat or other cattle belonging to another,h his mark, or with the mark of another not the owner of the animal so branded or marked, with the intent to convert it to his own use, or to the use of another, shall be punished by a fine not exceeding one hundred dollars for each kine, horse, mule, sheep, goat, or other cattle thus branded or marked; and in addition to such fine, he shall restore the cattle or the value thereof to the lawful owner. In default of the payment of such fine and the restoration of the cattle or the value thereof, or either, the offender shall be punished by imprisonment at hard labor not more than two years.

NOTE TO CHAPTER 25.

$215 is P. C. Ch. 25, unaltered.

Cases in Hawaiian Reports: Davis v. Green, 2 Haw. 367.

CHAPTER 26.

RIDING AND DRIVING.

$216. Whoever furiously or heedlessly of the safety of others, rides any horse or other animal, or drives or conducts any vehicle, and thereby imminently endangers the personal safety of any person, shall be punished by a fine not less than five dollars nor exceeding five hundred.

$217. Whoever furiously or heedlessly of the safety of others, rides any horse or other animal, or drives or conducts any vehicle, though at the time the personal safety of any person be not endangered thereby, shall be punished by fine not less than five dollars nor exceeding one hundred.

$218. Whoever drives, leads, or otherwise conducts any wild bull, bullock, cattle, or other ferocious or dangerous animal in the street of any village, or in any place of public resort, shall, in case the personal safety of any person is thereby imminently endangered, be punished by fine not less than five dollars, nor exceeding five hundred, or in case the personal safety of any person is not so endangered, by a fine not less than five dollars, nor exceeding one hundred.

$219. Whoever frightens, exasperates, or animates a horse or other animal, and thereby endangers the personal safety or the personal property of any person, or of the animal itself, being that of another, shall be punished, in case the personal safety of any person is thereby imminently endangered, by fine not less than five dollars, nor exceeding five hundred: otherwise by fine not less than five dollars nor exceeding one hundred.