SOCIETIBS FOR THE PREVENTION OF CRUELTY. 541 



124. Societies for the Prevention of Cruelty; Charitable Be- 

 quests. — These societies are of a semi-municipal character and 

 their officers have usually by statute the right to arrest of- 

 fenders without first obtaining a warrant, nor will an equit- 

 able action be sustained to restrain them from doing so.*^ 



It was held in England, in an action for false imprisonment, 

 that if a constable is required by another person to take a 

 third person into custody for cruelty not committed in the 

 constable's own view, he, before taking the person into cus- 

 tody, should either inquire into all particulars or see the ani- 

 mal so as to form a judgment as to what has occurred ; '" and 

 the same rule would doubtless apply to officers of the Society 

 for the Prevention of Cruelty. 



The officer who has preferred an information and com- 

 plaint before a court of summary jurisdiction has the right to 

 appear on behalf of the society and to examine and cross-ex- 

 amine witnesses on the hearing of such information.®' 



The court will not enjoin the society from arresting the 

 drivers or servants of a stage company, but may enjoin them 

 from stopping the vehicles, except for making an arrest for a 

 clear violation of the law, or from taking custody of the ani- 

 mals or stages or interfering with the passengers.®^ 



An act requiring every owner of a dog to procure a yearly 

 license paying a dollar therefor, under penalty of seizure 

 and destruction of the animal by the society, but not de- 

 claring the keeping of an unlicensed dog to be a misdemeanor 

 nor the dog a nuisance, is unconstitutional, as depriving the 

 owner of his property without due process of law.** And 

 so is an act authorizing an agent of the society to condemn 



" Davis V. American S. P. C. A., 75 N. Y. 362, affirming 16 Abb. Pr. 

 N. S. (N. Y.) 73. And see State v. Karstendiek, 49 La. Ann. 1621. 



*" Hopkins V. Crowe, 7 C. & P. 373- " Duncan v. Toms, 56 L. T. N. S. 719- 



" Stage Horse Cases, 15 Abb. Pr. N. S. (N. Y.) 51- 



•^ Fox V. Mohawk & H. R. Humane Soc, 25 N. Y. App. Div. 26. 



Whether an officer of the society can be made a peace officer, quisre: 

 Ibid. The law was held not to constitute the society a "subordinate 

 governmental agency." 



