14 



LAWS ABOUT DOGS 



Where an express agent gives out 

 wrong information, any resulting damages 

 can be held against the company. For 

 instance an agent informed a breeder that 

 a health certificate was necessary for a 

 dog to be shipped into a certain state. 

 The owner therefore, decided not to ship 

 this bitch and as a result, the owner of 

 the stud in the other state lost a stud 

 service, but recovered the amount of the 

 fee from the company. 



Also, if a stud service is lost because 

 the agent informed the owner of the bitch 

 that a quarantine existed in a district 

 where the owner of the stud is located, 

 and the owner of the bitch therefore did 

 not send the bitch, the information being 

 incorrect, a claim is in order against the 

 company. 



Dogs are insured automatically up to 

 $50 regardless of the value declared, by 

 the live stock contract (bill of lading) of 

 the express company. A higher valuation 

 can be made and the required insurance 

 fee paid. 



5. Rights and Liabilities as Show 

 Exhibitor and User of Stud Book 



The person who enters his dog or dogs 

 at a dog show must abide by the rules 

 stated on the entry blank. 



If the dog while at the show bites or 

 does injury, the persons injured can main- 

 tain a court action against either the 

 club or the owner or both. On the other 

 hand, the club seeks to free itself of 

 liability under the provision usually in- 

 serted in an entry blank, a provision 

 which most courts hold void as contrary 

 to public policy. 



The show exhibitor specifically states 

 that he will abide by all the rules and 

 regulations of the American Kennel Club 

 — indeed a large book of them, but the 

 contract is binding. This club is a private 

 corporation and is not a public or govern- 

 mental body. 



The owner of a registered stud dog has 

 no particular rights in the stud book. 



Registry books in the United States are 

 not public or official records. Any rules 

 are based upon a private contract between 

 the individual and the club and as such 

 must be enforced in the courts just as 

 any other contract. 



6. Stud Service and Care of Bitches 



The owner of a stud enters into a 

 certain agreement when his stud services 

 a bitch. In the absence of specific agree- 

 ment, it is understood that the stud is 

 free from communicable diseases, that the 

 owner will take proper care of the bitch 

 from the moment she is received to the 

 moment she is sent back. 



Any loss, damage or injury to the 

 bitch which can be blamed upon improper 

 care or negligence, fastens responsibility 

 upon the owner of the stud. 



The stud owner does not sell puppies 

 or litters ; he sells a stud service, which 

 is evidenced by tieing (mating). He sells 

 only one stud service. Whether or not two 

 services are rendered for the mating is 

 a matter of kennel practice. 



That a bitch does not show in whelp 

 or become pregnant or becoming pregnant, 

 does not whelp a litter of live or sound or 

 normal puppies is not the liability of the 

 owner of the stud. 



There is no agreement to furnish a 

 return service in these cases unless agree- 

 ment specifically is made in advance. And 

 if it is made in advance, the return serv- 

 ice is at the next heat of the bitch and to 

 the same stud dog, provided the owner still 

 has the stud and provided the owner of 

 the bitch gives notice to the stud owner at 

 about the time the bitch should have 

 whelped, that she did not whelp. 



A bitch sold as bred does not include 

 a guarantee of puppies. She may have 

 been bred, may even show in whelp, but 

 unless the sale specifically provides that 

 puppies are guaranteed from the breeding, 

 there is no liability on the part of the 

 seller. 



If the seller guarantees puppies, one 

 puppy whelped fills the agreement, and 

 unless otherwise specified, lire puppies 

 are not gruaranteed. 



The agreement by the owner of the stud 

 to accept a puppy in lieu of a cash stud 

 fee, or of his pick of the litter, gives him 

 the only puppy if there is only one in 

 the litter. 



If there are no puppies or all arfe 

 whelped dead, the stud owner can demand 

 payment in cash unless the contract 

 specifically stated otherwise. 



The custom in the fancy is that the 

 stud owner, being notified promptly of the 

 whelping of the puppies, must choose and 

 take away his puppy not later than eight 

 weeks after birth. Failure to do so, places 

 the puppy at his risk and at his expense, 

 and permits the owner of the puppies to 

 choose at the end of eight weeks for the 

 owner of the stud and hold the puppy at 

 the expense of the stud owner. 

 7. False Pedigrees 



A number of states including Illinois 

 have specific statutes giving punishment 

 for the issuance of false pedigrees of live 

 stock, including dogs. 



Also of course, there can be an action 

 for damages under contract against any 

 person who issues a false pedigree. 



/ — Regulations affecting the Import and Export 



of Dogs 



Importation and Exportation of Dogs 

 Into Mexico 



Five pesos, approximately $1.40, is the 

 import duty on each dog. There is a health 

 inspection of the dog at the Mexican port 

 of entry. Dogs can be shipped into 

 Mexico only thru certain specified ports 

 of entry. 



A health certificate signed by a veter- 

 inarian at the place of shipment in the 

 U. S. must accompany the dog. If thei^ 

 is a Mexican consul available, the certi- 

 ficate must be vised by him. 



In the absence of this health certificate, 

 the dog may be quarantined for disin- 

 fection by the Mexican authorities at the 

 port of entry. 



