TITLE VI. 

 CRUELTY— GAME LAWS. 



CHAPTER I. 



CRUELTY AND MALICIOUS MISCHIEF. 



120. Cruelty to animals in general. 124. Societies for the prevention of 



121. What animals are protected. cruelty; charitable bequests. 



122. What acts are prohibited. 125. Indictment for cruelty. 



123. Injuring for sport; dishorning 126. Malicious mischief to animals. 

 . and spaying. 127. Proof of malice; indictment. 



120. Cruelty to Animals in General Having discussed the 



various rights and liabilities of the owners of animals, we 

 come now to the consideration of what are ethically, though 

 not technically, the rights of the animals themselves. It is 

 said in a leading periodical : "Although the courts may dififer 

 as to what is a 'wanton' killing, and what 'unnecessary' 

 cruelty, they all treat the subject from the standpoint of hu- 

 manity, and allow a man a dominion over other 'living 

 creatures' that cannot be reconciled with the idea that the 

 latter have any rights — either to liberty, life or security from 

 pain. The conclusion, therefore, must be that cruelty to 

 animals is illegal, not because of its effect on the animals, but 

 because of its effect upon men." ^ Whether in the light of 

 the evolution of legal principles this theory may or may not 

 be disputed does not concern us here. Practically the ques- 



' 38 Cent. L. Jour. 166. 



523 



