Page:Revised Codes of the State of North Dakota 1895.pdf/1363

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Malicious Mischief.
PENAL CODE.
§§ 7557-7562

§ 7557. Following sections not restrictive. The specification of the acts enumerated in the following sections of this chapter is not intended to restrict or qualify the interpretation of the last section.

§ 7568. Poisoning domestic animals. Every person who willfully administers poison to any animal, the property of another, and every person who maliciously exposes any poisonous substance with intent that the same shall be taken by any such animal, is punishable by imprisonment in the penitentiary not less than one and not exceeding three years, or in a county jail not exceeding one year, or by a fine not exceeding two hundred and fifty dollars, or by both such fine and imprisonment.

§ 7559. Killing, maiming or torturing animals. Every person who maliciously kills, maims or wounds any animal, the prop- erty of another, or who maliciously and cruelly beats, tortures or injures any animal, whether belonging to himself or another, is guilty of a misolemeanor.

§ 7560. Abusing domestic animals. Punishment. Every person who shall willfully overdrive, overload, drive when overloaded, overwork, torture, torment, deprive of necessary food or water, or cruelly beat any animal, and any person who causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, or deprived of necessary food or water or cruelly beaten, and any person who shall work any animal or cause the same to be worked when unfit for work, and any person who shall unnecessarily expose any animal to heat or cold, or leave the same hitched and uncovered in cold weather or storm, or in the nighttime, is guilty of a misdemeanor. Any officer finding any animal maltreated, abused or unsheltered in any of the manners herein before specified, shall cause the same to be released and properly cared for and the charges therefor shall be a lien upon such animal to be collected as in case of pledge. And it shall be the duty of all incorporated municipalities that are supplied with water in whole or in part by a system of waterworks, to provide suitable and a sufficient number of watering troughs wherein water for stock shall be kept at all times between May 1st and November 1st in each year. But nothing in this section contained shall be construed to mean herds of stock which do not properly belong in any such municipality; and if any person or persons shall knowingly water at any such watering trough any animal infected with any infectious disease, he shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, shall be fined not exceeding the sum of twenty-five dollars, or by imprisonment in the county jail not to exceed the term of fifteen days, or by both such fine and imprisonment.

§ 7561. Keeping houses or pits for fighting animals. Every person who, either:

1. Keeps or maintains any house, pit or other place to be used in permitting any fight between birds, dogs or other animals; or,

2. Establishes, promotes or encourages any exhibition of the fighting of birds, dogs or other animals,

Is guilty of a misdemeanor.

§ 7562. Instigating fights between animals. Every person who maliciously, or for any bet, stake or reward, instigates, encourages or promotes any fight between animals, or instigates or1329