LAWS ABOUT DOGS 



13 



been cropped can be shown at doff shows, 

 In any of the six states except Pennsyl- 

 vania. 



However, in Connecticut, New Jersey 

 and Massachusetts a special certificate 

 must be taken out certifying to this effect. 

 This is obtained from the State Commis- 

 sioner of Domestic Animals at the state 

 capital. 



Pennsylvania does not make any pro- 

 vision similar to the foregoins:. 



A resident of New York can own a dogr 

 with cropped ears if the dog was im- 

 ported in the state exclusively for show 

 purposes, having been cropped in another 

 state. 



In the other five states, it is unlawful 

 to own a dog whose ears were cropped 

 after the passage of the laws against 

 cropping. 



In Pennsylvania even tho the ears were 

 cropped previous to the passage of the 

 law, the dog must be registered with the 

 county treasurer. 



There is one exception in all states — 

 where the cropping is certified by a regis- 

 ered veterinarian as reasonably necessary 

 for the protection of the dog's health, 

 cropping is not unlav^ul. 



The Michigan law is an amendment of 

 section 1, act 70 (1877), to section 17,0€6 

 (laws of 1929) and in effect May 15, 1931. 

 It presents an example of legislation that 

 likely in the future will be followed by 

 other states, and so we quote verbatim: 



"Cruelty to animals : penalty ; cropping 

 de^'s ears. Section 1. Whoever over- 

 drives, etc., etc., etc. 



"The cropping of dog's ears shall be 

 considered to be a mutilation or cruelty to 

 an animal within the meaning of this act, 

 unless such cropping is performed by a 

 registered veterinary surgeon, while the 

 dog is under an anesthetic." 



2. Sales Guarantee 



The seller of a dog may make specific 

 guarantee by word of moutih or in writing 

 before or at time of sale and be bound 

 accordingly. In the absence of any specific 

 guarantee, the seller of a dog, by implied 

 contract, guarantees that the dog is sound, 

 that it is free from communicable diseases, 

 and that to the extent of ordinary external 

 examination, he knows that the dog is 

 not ailing. 



At the very moment, the dog may be 

 nursing a distemper germ which within a 

 few days will develop into the disease of 

 distemper but the seller cannot be held to 

 guarantee against this coming disease, in 

 the absence of a specific statement. 



To sell a dog as healthy does not in- 

 clude bodily soundness. A dog should be 

 purchased as sound and in good health. 

 Then the buyer is protected against 

 deformities, lameness, and the like. 



The seller guarantees that the dog is 

 purebred ; that its pedigree is known for 

 at least three generations ; that he will 

 furnish a signed copy of the pedigree. 



He does not necessarily guarantee that 

 the dog is eligible to registration altho in 

 practically all cases, the seller does 

 guarantee this specifically. 



For a seller to sell a dog with the state- 

 ment that it will become a great show 

 winner or a certain champion, is con- 

 sidered sales puffery and not a guarantee 

 as sellers are held not to be prophets with 

 honor. Representations to be determined 



in the future by other persons cannot be 

 made subject to guarantee. 



Wh^re the buyer has had opportunity 

 to examine the dog personally or thru a 

 representative, any statements by the 

 seller concerning type, are not really 

 guarantees but sales puffery and the buyer 

 is considered to be aware of the puffery. 



In matters of type, future accomplish- 

 ments and the general quality of beauty, 

 the old law adage "caveat emptor" (let the 

 buyer beware) applies. 



3. Injuries, Disease and Loss in Boarding, 



Training and Handling 

 _ Acceptance for pay, benefit or compensa- 

 tion, of a dog for boarding, training, 

 handling or the rendering of other serv- 

 ices, entails the use of high care and 

 diligence by the trainer or others. 



An open gate, a defective fence, permis- 

 sion to outsiders to handle the dog, putting 

 a vicious dog in the same kennel with 

 another dog, careless exposure of a dog 

 to dogs suffering from diseases, or to per- 

 sons in direct contact with diseased dogs, 

 careless acts resulting in the dog running 

 away, being lost, becoming ill or other- 

 wise being of less value, fastens the 

 responsibility for the loss or damage upon 

 the kennel. 



But if the keeper of the kennel uses the 

 proper care which reasonably would be 

 used bjy any person familiar with dogs, he 

 cannot be held for disease, illness, death 

 or other unfavorable happenings. 



For instance, if he should take a dog 

 for a walk along the highway, in the 

 midst of traffic, without lead, and the 

 dog run away or be killed or injured by 

 traffic, it would be considered that he 

 did not take proper care; the dog should 

 have been on lead. 



Practically all these cases are deter- 

 mined by the particular circxmastances 

 attached to them. If on account of a low 

 fence or an old fence in need of repairs, 

 a dog gets into another runway or stall 

 and does injury, the keeper is liable. 



In all cases, when a dog becomes ill, 

 the owner should be notified immediately 

 and instructions requested from him. If 

 time does not permit, a veterinarian should 

 be called at the owner's expense and the 

 owner notified. 



4. Injuries, Disease and Loss on acconnt 



of Transportation 



Who bears any loss or damage while 

 the dog is in transit depends upon who 

 is the owner of the dog. Unless otherwise 

 stated, title to a dog sold passes when the 

 seller gives possession of the dog to the 

 buyer or his agent or to the transporta- 

 tion company. 



Whether or not the dog has been sold 

 at a delivered price, the shipper or seller 

 must pay the express charges in case of 

 refusal of the buyer to pay them. 



The carrier whether express company, 

 railroad or bus, is held to the highest care 

 of the dog while in transit. If any injury 

 or illness develops on account of lack of 

 proper attention given to the dog while 

 enroute, the carrier is held liable. On the 

 other hand the carrier can refuse to accept 

 a dog which is not in good health. 



Where the title is passed at the time the 

 dog is delivered to the express company, 

 and a claim is made, it must be done by 

 the buyer. 



