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same until the charges are paid. Every sick, disabled, infirm, or crippled animal which shall be abandoned in any city, city and county, or township, may, if after due search no owner can be found therefor, be killed by such officer; and it shall be the duty of all peace officers, or an officer of said society, to cause the same to be killed on information of such abandonment. Such officer may likewise take charge of any animal that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in the custody of its owner, such officer shall give notice thereof to such owner, if known, and may provide suitable care for such animal until it is deemed to be in a suitable condition to be delivered to such owner, and any necessary expenses which may be incurred for taking care of and keeping the same shall be a lien thereon, to be paid before the same can be lawfully recovered. [Amendment in effect March 14, 1901.]

SEC. 14. It shall be the duty of the society first organized and incorporated as herein provided, in each city and county, or county, to actively engage in enforcing the provisions of this Act, and arresting and prosecuting offenders thereunder, and in preventing cruelty to animals. Every person convicted of any misdemeanor under this Act, shall be punished as in law provided for the punishment of misdemeanors, and all fines and forfeitures imposed and collected in any county, or city and county, under the provisions of this Act, shall inure to the society in said county, or city and county, organized and incorporated as herein provided, in aid of the benevolent object for which it is incorporated, and in addition to said fines, the said society so organized and incorporated, may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions of this Act, or arresting, or prosecuting offenders thereunder, or preventing cruelty to animals, be paid, as compensation therefor, from the county, or city and county, general fund by the Board of Supervisors, a sum not to exceed one hundred and fifty dollars per month, in the same manner as other claims against said county, or city and county, are paid. [Amendment in effect March 2, 1903.]

SEC. 15. All prosecutions for the violation of any of the provisions of this Act shall be conducted and prosecuted in a court of competent jurisdiction, and any member of said society authorized, as provided in section five of this Act, may appear and prosecute in any of said courts, for any violation of any of the provisions of this Act, whether or not he be an attorney or counselor at law; provided, that all such prosecutions shall be conducted in the name of the People of the State of California.

SEC. 16. , In this Act the singular shall include the plural; the word "animal" shall be held to include every living dumb creature; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted, and the words "owner” and “person" shall be held to include corporations as well as individuals ; and the knowledge and acts of agents of and persons employed by corporations, in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as such agent or employés.

SEC. 17. No part of this Act shall be deemed to interfere with any of the laws of this State known as the “Game Laws," or any laws for the destruction of certain birds; nor shall this Act be deemed to interfere with the rights to destroy any venomous reptiles, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill all animals used for food, or with any properly conducted scientific experiments or investigations, which experiments or investigations shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of the State of California.

SEC. 18. The Act entitled “An Act for the more effectual prevention of cruelty to animals,” approved March thirtieth, eighteen hundred and sixty-eight, and amendments thereto, approved March fifteenth, eighteen hundred and seventy-two, are hereby repealed.

SEC. 19. This Act shall take effect from and after its passage.

Sec. 20. Whoever shall cut the solid part of the tail of any horse in the operation known as "docking," or by any other operation performed for purpose of shortening the tail, and whoever shall cause the same to be done, or assist in doing such cutting, shall, upon conviction, be deemed guilty of a misdemeanor. [New section; in effect March 14, 1901.]

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SEC. 21. Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals are usually employed, and when there is no reasonable probability of such animal ever becoming fit for the purpose for which it is usually employed, shall be, by the owner or lawful possessor of the same, deprived of life within twelve hours after being notified by any peace officer, or officer of said society, to kill

and such owner, possessor, or person omitting or refusing to comply with the provisions of this section, shall, upon conviction, be deemed guilty of a misdemeanor, and after such conviction the court or magistrate having jurisdiction of such offense shall order any peace officer, or officer of such society, to immediately kill such animal; provided, that this shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. [New section ; in effect March 14, 1901.]

Sec. 22. Any person or persons holding a lien or liens against any animal or animals under the provisions of this Act may satisfy such lien as follows: If such lien be not paid, by the party or parties responsible, within three days after the obligation becomes due, then the party or parties holding such lien may resort to the proper court to satisfy the claim; or he or they, three days after the charges against such property becomes due, may sell the same, or such undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days' notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property ; or, if there is no paper published in the county, then by posting notices of the sale in three of the most public places in the town or township for three days previous to the sale. Said notices shall contain an accurate description of the property to be sold, together with the terms of sale, which must be for cash, payable on the consummation of the sale. The proceeds of the sale must be applied to the discharge of the lien and the costs of sale; the remainder, if any, must be paid over to the owner, if known, and if not known must be paid into the treasury of the humane society of the county, or city and county, wherein the sale takes place; if no humane society exists in the county, then the remainder shall be paid into the county treasury. [New section; in effect March 14, 1901.]

PREVENTION OF CRUELTY TO CHILDREN.

The following Act was codified by the Legislature of 1905 (see Sections 607 to 607g of the Civil Code), but is placed herein for the reason that, under Section 288 of the Civil Code, it is applicable to all corporations formed under its provisions :

An Act for the incorporation of societies for the prevention

of cruelty to children.

[Approved April 3, 1876.]

The People of the State of California, represented in Senate

and Assembly, do enact as follows:

SECTION 1. Any five or more persons of full age, a majority of whom shall be citizens and residents within the State, who shall desire to associate themselves together for the purpose of preventing cruelty to children, may make, sign, and acknowledge, before any person authorized to take acknowledgments of deeds of this State, and file in the office of the Secretary of State, and, also, in the office of the Clerk of the county in which the business of the society is to be conducted, a certificate in writing, in which shall be stated the name or title by which said society shall be known in law, the particular business and objects of such society, the number of trustees, directors, or managers, to manage the same, and the names of the trustees, directors, or managers of the society for the first year of its existence; but such certificate shall not be filed unless the written consent and approbation of the District Judge of the district in which the place of business or principal office of such society shall be located, be indorsed on such certificate.

SEC. 2. Upon filing the certificate as aforesaid, the persons who shall have signed and acknowledged such certificate, and their associates and successors, shall thereupon, by virtue of this Act, be a body politic and corporate by its name stated in such certificate, and as such shall have power :

First-To have perpetual succession by its corporate name.

Second-To sue and be sued, complain and defend, in any court of law or equity.

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Third-To make and use common seal, which may be affixed by making an impression directly in the paper, and alter the same at pleasure.

Fourth-To appoint such officers, managers, and agents, as the business of the corporation may require.

Fifth-To make by-laws, not inconsistent with the laws of this State or of the United States, for the management of its property and the regulation of its affairs.

Sixth-To contract and be contracted with.

Seventh-To take and hold by gift, purchase, grant, devise, or bequest, any property, real and personal, or the same to dispose of at pleasure. But such a corporation shall not, in its corporate capacity, hold real estate the yearly income derived from which shall exceed the sum of fifty thousand dollars.

Eighth-To exercise any corporate powers necessary for the exercise of the powers above enumerated and given.

Sec. 3. Any society so incorporated may prefer a complaint before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting children, and may aid in bringing the fact before such court or magistrate in any proceeding taken.

SEC. 4. All magistrates, constables, sheriffs, and officers of police shall, as occasion may require, aid the society. so incorporated, its officers, members, and agents, in the enforcement of all laws which now are or may hereafter be enacted relating to or affecting children.

SEC. 5. The provisions of this Act shall not extend or apply to any association or individuals who shall, in the certificate filed as hereinabove provided, use or specify a name or style the same, or substantially the same, is that of any previously existing incorporated society in this State.

SEC. 6. This Act shall take effect immediately.

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