586 LEGAL DEPARTMENT. 



But a father who loans cows to a married daughter and retains the 



title in himself, so as to prevent the cows from being sold by an intem- 

 perate husband, or his creditors, owns the increase. (Orser v. Storms, 

 9 Cowen, 687.) 



So, a mortgagee, under a mortgage upon live stock, is entitled to the 

 increase of the stock, and a purchaser of the increase takes it subject 

 to the mortgage. (Grundy v. Biteler, 6 111. App. 510; Kellogg v. 

 Lovely, 46 Mich. 131; Thorpe v. Coles, 55 Iowa, 408.) 



A colt foaled while its dam is held under a bailment or executory 

 contract of purchase, by the terms of which the title is to remain in the 

 bailor or vendor until the agreed price is paid, is also subject to the 

 terms of the contract. (Elmore v. Fitzpatrick, 56 Alabama, 400.) 



CRUELTY TO ANIMALS. 



In various States statutes have been enacted for the prevention of 

 cruelty to animals. These statutes are so far similar that a general 

 statement of their provisions is sufficient. 



If any persons shall overdrive, overload, torture, torment, deprive of 

 necessary sustenance, or unnecessarily or cruelly beat, or needlessly 

 mutilate or kill, or cause or procure to be overdrawn, overloaded, tor- 

 tured, tormented, or deprived of necessary sustenance, or by unmerci- 

 fully or cruelly beating, or needlessly mutilated or killed, as aforesaid, 

 any domestic animal, every such offender shall, for every such offense, 

 be deemed guilty of a misdemeanor. (State v. Gould, 26 W. Va. 258.) 



Abandonment of a disabled animal; carrying animals in a crvTfel man- 

 ner; transporting animals for more than twenty-four consecutive hours 

 without unloading for rest; failing to water and feed them during ten 

 consecutive hours; poisoning or attempting to poison animals; throw- 

 ing substances injurious to animals, as glass and nails, willfully and 

 maliciously, in a public place, setting on foot fights between birds and 

 animals, and keeping a place where animals are fought, are generally 

 made misdemeanors. Also slaughtering with unnecessary cruelty. 



By the Penal Code of the State of New York, it is made a misde- 

 meanor to overdrive any animal; failing to provide proper sustenance; 

 abandonment of a disabled animal; failure to provide food and drink to 

 impounded animals; selling or offering to sell or exposing for sale dis- 

 abled animals; carrying animals in a cruel manner; wantonly poison- 

 ing an animal; throwing substances injurious to animals in public 



