534 CRUELTY AND MALICIOUS MISCHIEF. 



and leaving it for two days before killing it, was held to be 

 cruelty.** 



A dog, though not a beast of burden, may be lawfully used 

 in a treadmill or other serviceable employment, but, if he is 

 cruelly used, the employer is criminally liable.*" 



Cropping a dog's ears was held in one case to be cruelty; ^'^ 

 and a defendant has been fined for docking with instruments 

 not very sharp.^^ Concerning the latter operation it has 

 been said : "Compliance with fashion merely is no excuse for 

 the infliction of pain. 'Docking' said Mr. Justice Hawkins 

 ... in Ford v. Wiley,^^ 'is another painful operation which 

 may occasionally be justified, but I hold a very strong 

 opinion against allowing fashion or the whims of individuals 

 to afford a justification for such painful mutilation.' We may 

 indeed take it that 'docking' as formerly performed on a 

 grown horse is illegal, but if it is performed on the animal as 

 a foal, and with proper care, possibly there are other reasons 

 strong enough to make it justifiable, particularly protection 

 against accidents arising from entanglements of the reins." ^* 



The ofifenses of "maiming," and "disfiguring" animals will 

 be treated of under the head of Malicious Mischief. 



Cutting off a cock's comb and causing great pain cinnot 

 be justified on the ground that it is done for cock-fighting 

 or winning prizes.^* 



Dislocating the limbs of animals to be slaughtered while 

 they are yet alive and plunging them, while alive, in boiling 

 water are criminal offenses.^^ In a Scotch case it seems to be 

 held that the Jewish method of slaughtering a bullock, i. e., 



" Adcock z'. Murrell, 54 J. P. 776. 



" Peo. V. Spec. Sessions, 4 Hun (N. Y.) 441. 



"° 2 Scots L. T. 460, citing an English Police Court case. 



" Reg. V. Fownes, 58 J. P. 185. 



" 23 Q. B. D. 203. 



'" Law Gazette, quoted in 28 Ir. L. T. 301. 



" Murphy v. Manning, 2 Ex. D. 307. And see 63 L. T. 38. 



" Davis V. S. P. C. A., 16 Abb. Pr. N. S. (N. Y.) 73. 



