LAWS REI 



SEC. 3723. [A person guilty is liable in damages.] A person 

 guilty of cruelty to an animal, the property of another, shall be liable 

 to the owner thereof in damages, in addition to the penalties prescribed 

 by law. 



SEC. 3724. [Conviction of agent no bar to action against prin- 

 cipal.] The conviction of an agent or employe shall not bar an action 

 for cruelty to animals against an employer for allowing a state of facts 

 to exist which will induce cruelty to animals on the part of such ligeTit 

 or employer. 



SEC. 3725. [Any person may protect an animal from neglect.] 

 Whenever it may be necessary, in order to protect any animal from neg- 

 lect, any person may take possession of the same ; and whenever an ani- 

 mal is impounded, yarded or confined, and cotinues without necessary 

 food, water, or proper attention for more than fifteen successive hours, 

 any person may, from time to time, and as often as it may be necessary, 

 enter into and upon any place in which such animal is so impounded, 

 yarded, or confined, and supply it with necessary food -or water and 

 attention, so long as it there remains, or may, if necessary or conven- 

 ient, remove such animal, and shall not be liable to any action for 

 such entry ; in all cases the owner or custodian of such animal, if 

 known, shall be immediately notified of such action, by the person taking 

 possession of such animal ; if the owner or custodian be unknown, and 

 cannot be ascertained with reasonable effort, such animal shall be held 

 to be an estray, and shall be dealt with as such ; the necessary expense 

 for food and attention given to any animal under the provisions of 

 this section, may be collected of the owner of such animal, and the 

 animal shall not be exempt from levy and sale upon execution issued- 

 upon a judgment therefor. 



For strays and drifts, see 6627 et seq. 



SEC. 3725a. [Animal may be ordered killed.] Any sheriff, con- 

 stable, marshal, policeman, or agent, of any society for the prevention 

 of cruelty to animals, may kill, or cause to be killed any animal found 

 neglected or abandoned, and which in the opinion of three reputable 

 citizens, is injured or diseased, past recovery or by age has become useless. 



This section is unconstitutional: Brice v. Humane Society, 4 C. C. 358. 



(3725-1) SEC. i. [Removal of child from possession of parent 

 by officer of humane society.] Whenever any officer or agent of a 

 society in this state, organized under title 2, chapter 13, of the Revised 

 Statutes, shall deem it for the best interest of any child, either by reason 

 of cruelty 'inflicted upon said child or by reason of the surroundings of 

 the child, that said child be removed from the possession and control of 

 the parents or other person or persons having charge thereof, said officer 

 or agent may take possession of said child summarily ; 



[Notice.] And shall cause a notice to be personally served upon 

 the person having control or possession of said child, and upon the 

 parent or parents of said child, if within the state, that the said society- 

 will apply to the probate court of the county in which said society is- 

 situated, at a time and place named in such notice, for an order as 

 hereinafter set forth. 



(3725-2) SEC. 2. [Order of probate court making general agent 

 of society guardian of child.] At the time set forth in said notice, 

 if it shall appear to the satisfaction of the probate judge, that it is for 

 the best interest of said child that possession and control thereof be 



