of furnishing food for those attending the same, for horses, cattle, or other stock and who are observing the regulations of such society, assemblage, fair, or exhibition, and the laws of the state.

The indictment must negative the exceptions contained in this section. State v. Cuppy, 50 Ind. 291.

The prohibition extends to all articles of merchandise unless the seller falls within some of the exceptions mentioned. State v. Solomon, 33 Ind. 450.

Persons who rent property within the prohibited limits for the purpose of carrying on business only during the continuance of a meeting, and make sales, come within the provisions of this section. State v. Solomon, 33 Ind. 450.

[Acts 1889, p. 375. In force May 10, 1889.]

2197. (E. S. 329.) Cruelty to animals.-1. Whoever overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, or cruelly kills, or causes or procures to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or cruelly killed, any animal; and whoever, having the charge or custody of any animal, either as owner or otherwise, inflicts needless cruelty upon the same, or cruelly or unnecessarily fails to provide the same with proper food, drink, shelter or protection from the weather, shall be adjudged guilty of a misdemeanor, and upon conviction thereof, shall be liable to fine and imprisonment, as provided in section 8 of this act.

This section repeals section 2101, R. S. 1881. State v. Giles, 125 Ind. 124.

Dogs and domestic fowls are included within the provisions of this section. State v. Bruner, 111 Ind. 98; State v. Giles, 125 Ind. 124.

In a prosecution for cruelty to animals the name of the owner need not be stated, but if stated it should be proven as alleged. State v. Bruner, 111 Ind. 98.

In a charge of cruelty to animals, the method of torture and effect produced should be stated. State v. Bruner, 111 Ind. 98.

No particular description of the injury need be given. If the charge follows the language of the statute it is sufficient. State v. Giles, 125 Ind. 124.

The killing of an animal in good faith to protect the person or property is not criminal under this section. Hunt v. State, 3 App. 383.

2198. (E. S. 330.) Keeping animals for fighting.-Any person who shall keep or use any animal for the purpose of fighting, or baiting, or as a target, or to be shot at, either for amusement or as a test of skill in marksmanship, and any person who shall be a party to or be present as a spectator at any such fighting, baiting or shooting of any animal, and any person who shall rent any building, shed, room, yard, ground or premises for the purpose of fighting, baiting, or shooting any animal as aforesaid, or shall knowingly suffer or permit the use of any building, shed, room, yard, ground or premises belonging to him or under his control for either or any of the purposes aforesaid, shall be adjudged guilty of a misdemeanor, and, upon conviction thereof shall be liable to fine and imprisonment, as provided in section 8 of this act.

2199. (E. S. 331.) Cruelly carrying animals.-3. Every owner, possessor or person having the charge or custody of any animal, who cruelly drives or works the same when unfit for labor, or who shall carry or cause to be carried upon any vehicle, or otherwise, any living animal having the feet or legs tied together, or in any other cruel and inhuman manner, or abandon any maimed, sick, infirm or disabled animal to die in any public place, or who shall carry or cause to be carried any live animal upon any vehicle or otherwise, without providing suitable racks, cars, crates or cages in which such animals may stand or lie down during transportation, and whilst waiting slaughter, such person shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished for every such offense as provided in section 8 of this act.

2200. (E. S. 332.) Railroad transportation. - 4. No railroad company in the carrying or transportation of animals shall permit the same to be confined in cars for a longer period than twenty-eight consecutive hours without unloading the same for rest, water and feeding, for a period of at least five consecutive hours, unless prevented from so unloading by storm or other accidental causes. In estimating such confinement, the time during which the animals have been confined without rest on connecting roads from which they are received shall be included, it being the intention of this act to prevent their continuous confinement beyond the period of twenty-eight hours, except on contingencies as hereinbefore stated. Animals so unloaded shall be properly fed, watered and sheltered, during such rest by the owner or person having the custody thereof; or in case of his default in so doing, then the railroad company transporting the same, at the expense of said owner or person in custody thereof; and said company shall in such case have a lien upon such animals for food, care and custody furnished, and shall not be liable for any detention of such animals authorized by this act. Any company, owner or custodian of such animals who shall fail to comply with the provisions of this section shall, for each and every such offense, be liable for and forfeit and pay a penalty of not less than one hundred nor more than five hundred dollars: Provided, however, That when animals shall be carried in cars in which they can and do have proper food, water, space and opportunity for rest the foregoing provisions in regard to their being unloaded shall not apply.

2201. (E. S. 333.) Complaint-Search warrant.-5. When complaint is made on oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of this act are being or about to be violated in any particular building or place, such magistrate, if satisfied that there is reasonable cause for such belief, shall issue and deliver a search warrant to any sheriff, deputy sheriff, constable or public officer, authorizing him to search such building or place, and to arrest any person or persons engaged in violating any of the provisions of this act, as well as any person or persons there present, and aiding or

abetting therein, and to bring such person or persons before some magistrate of competent jurisdiction, to be dealt with according to law. Such officer shall, at the same time, seize and bring to said magistrate every article or instrument found in said building or place especially designed or adapted to inflict wounds upon any animal, or to aid in the fighting or baiting of any animal, and unless in ten days after the trial of the person or persons so arrested, the owner of said article or instrument shall show, to the satisfaction of said magistrate, that the same is not designed or adapted to the wounding or torture of animals, or if so designed or adapted, is not intended to be used or employed for such purpose, the magistrate shall destroy such article or instru

ment.

2202. (E. S. 334.) Duty of officers.-6. It shall also be the duty of all sheriffs, deputy sheriffs, constables, policemen and public officers, to arrest and prosecute all persons of whose violation of the provisions of this act they may have knowledge or be credibly informed, and for each neglect of such duty, the officer so offending shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding twenty-five dollars. Any sheriff, constable, marshal, policeman or agent of any society for the prevention of cruelty to animals, may kill or cause to be killed any animal found neglected or abandoned and which, in the opinion of three reputable citizens, is injured or diseased past recovery, or, by age, has become use

less.

2203. (E. S. 335.) "Animal" defined.-7. In this act, the word "animal" or "animals " shall be held to include all brute creatures and all domestic fowls, and the words "owner," " person and "whoever" shall be held to include corporations as well as individuals, and the knowledge and acts of agents and of persons employed by corporations in regard to animals transported, owned or employed by, or held in custody of, such corporations, shall be held to be the acts and knowledge of such corporations.

Dogs are included within this section. State v. Giles, 125 Ind. 124.

2204. (E. S. 336.) Penalty.-8. Any person violating any provision of sections 1, 2 or 3 of this act shall be fined in any sum not more than two hundred dollars, to which may be added imprisonment not exceeding sixty days.

[1881 S., p. 174. In force September 19, 1881.]

2205. (2102.) Suffering glandered horse at large.-194. Whoever knowingly permits any horse, mare, or gelding affected with the glanders to be taken from his or her premises, or to run at large, shall be fined not more than one hundred dollars nor less than five dollars.

[1867, p. 189. In force June 6, 1867.]

2206. (2103.) Allowing diseased sheep at large.-1. Any person being the owner of sheep, or having the same in charge, who shall turn out or suffer any sheep having any contagious disease, knowing

the same to be diseased, to run at large upon any common, highway, or uninclosed ground; or who shall sell any such sheep, knowing the same to be diseased, without fully disclosing the fact to the purchaser, -shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than two nor more than twenty-five dollars for each diseased sheep, to be recovered as other penalties for like offenses.

[1881 S., p. 174. In force September 19, 1881.]

2207. (2104.) Bringing in Texas cattle.-195. Whoever drives or in any manner brings Texas or Cherokee cattle into this state, at any time before the first day of October and after the first day of April in any year; and whoever purchases such cattle so driven or brought,— shall be fined not more than one thousand dollars nor less than one hundred dollars, to which may be added imprisonment in the county jail not more than one year. But nothing in this section shall be so construed as to prevent the transit of any cattle through this state, on the railroads, to other states; nor shall the provisions of this section apply to any cattle that shall have been, during all the previous winter, north of the thirty-eighth degree of latitude; and in all prosecu tions under this section, the legal presumption shall be that such cattle had not been, during all the previous winter, north of the thirtyeighth parallel of latitude.

Is this not unconstitutional? R. R. Co. v. Husen, 95 U. S. 465.

2208. (2105.) Killing deer.-196. Whoever, between the first day of January and the first day of October in each year, shoots, traps, or kills in any manner, any deer, buck, doe or fawn, or chases or worries the same at any time, shall be fined in the sum of ten dollars.

2209. (2106.) Hunting quails, pheasants or wild turkeys.-198. Whoever shoots or destroys, or pursues for the purpose of shooting or destroying, or has in his possession any quails or pheasants during the period from the first day January of any year, to the tenth day of November of the same year, or shoots or kills any wild turkey between the first day of February and the first day of November of any year, shall be fined in the sum of two dollars for each quail, wild turkey or pheasant so killed, and the sum of one dollar for each quail or pheasant so pursued, or had in his possession.

(As amended, Acts 1893, p. 153. In force May 18, 1893.)

2210. (2107.) Taking prairie chickens, etc.-199. Whoever shoots prairie hens or chickens between the first day of February and the first day of September in any year, shall be fined in the sum of ten dollars. for each prairie hen or chicken so shot; and whoever ensnares, traps, or nets quails, pheasants, prairie hens or chickens at any time, shall be fined five dollars for each bird so ensnared, trapped, or netted.

2211. (2108.) Destroying birds.-200. Whoever kills or injures, or pursues with intent to do so, any turtle dove, sparrow, robin, blue bird, meadow lark, wren, swallow, martin, thrush, mavis, oriole, red bird, grosbeak, yellow hammer or flicker, cat bird, ground robin,

pewee or phoebe bird, cuckoo, indigo bird, nut-hatch, creeper, yellow bird or fringilla, warbler or finch, red start, drummock, nightingale, dove, cross bill or crake, great tit or blue tit, or wantonly destroys or disturbs the eggs of any such birds, shall be fined not more than ten dollars nor less than one dollar: Provided, however, That the provisions of this act, shall not apply to the killing of that species of sparrow known as the English sparrow.

(As amended, Acts 1885, p. 101. Ell. Supp., section 354. In force March 25, 1885.)

[Acts 1891, p. 113. In force March 5, 1891.]

2212. Killing or selling wild birds.-1. It shall be unlawful for any person to kill any wild bird other than a game bird, or purchase, offer for sale any such wild bird after it has been killed, or to destroy the nests or the eggs of any wild bird.

2213. What are game birds.-2. For the purpose of this act the following only shall be considered game birds: The Anatidæ, commonly called swans, geese, brant, and river and sea ducks; the Rallidæ, commonly known as rails, coots, mud-hens and gallinules; the Limicolæ, commonly known as shore birds, plovers, surf birds, snipe, woodcock, and sand pipers, tattlers and curlews; the Gallinæ, commonly known as wild turkeys, grouse, prairie chickens, quail and pheasants, all of which are not intended to be affected by this act.

2214. Penalty.-3. Any person violating the provisions of section 1 of this act shall, upon conviction, be fined in a sum not less than ten nor more than fifty dollars, to which may be added imprisonment for not less than five days nor more than thirty days.

2215. Permits-Exemption.-4. Sections 1 and 2 of this act shall not apply to any person holding a permit giving the right to take birds or their nests and eggs for scientific purpose, as proved in section 5 of this act.

2216. Permits-Obtaining-Bond.-5. Permits may be granted by the executive board of the Indiana academy of science to any properly accredited person, permitting the holder thereof to collect birds, their nests or eggs for strictly scientific purposes. In order to obtain such permit the applicant for the same must present to said board written testimonials from two well known scientific men certifying to the good character and fitness of said applicant to be entrusted with such privilege, and pay to said board one dollar to defray the necessary expenses attending the granting of such permit, and must file with said board a properly executed bond in the sum of two hundred dollars, signed by at least two responsible citizens of the state as sureties. The bond shall be forfeited to the state, and the permit become void upon proof that the holder of such permit has killed any bird or taken the nest or eggs of any bird for any other purpose than that named in this section, and shall further be subject for each offense to the penalties provided in this act.

2217. Permits-Time to run-Transferring.-6. The permits authorized by this act shall be in force for two years only from the date of their issue, and shall not be transferable.