Chapter CCLII. to prevent Cruelty to Animals while in Transit by Railroad or other Means of Transportation within the United States
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CHAP. CCLII.— An Act to prevent Cruelty to Animals while in Transit by Railroad or other Means of Transportation within the United States.March 3, 1873. *Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled,* ThatAnimals not to be carried in cars or vessels for more than twenty-eight consecutive hours without being unloaded, for rest, food, &c., for five consecutive hours, unless. &c.; no railroad company within the United States whose road forms any part of a line of roadFORTY-SECOND CONGRESS.
Sess. III. Ch. 253. 1873.585 over which cattle, sheep, swine, or other animals shall be conveyed from one State to another, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State to another, shall coniine the same in care, boats, or vessels of any description, for a longer period than twenty-eight consecutive hours, without unloading the same for rest, water, and feeding, for a period of at least live 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 such rest on connecting roads from which they are received shall be included, it being the intent of this act to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon contingencies hereinbefore stated. Animalsto be fed and watered by whom. so unloaded shall be properly fed and watered during such rest by the owner or person having the custody thereof, or in case of his default in so doing then by the railroad company or owners or masters of boats or vessels transporting the same at the expense of said owner or person in custody thereof; and said company, owners, or masters shall in such cases have a lienFood and care to constitute 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 knowingly and wilfully fail to comply with the provisions of this act shall, for each and every such failure to comply with the provisions of this act, be liable for and forfeit and pay a penalty of not less than one hundred nor more than five hundred dollars:Penalty for wilfully failing to comply with this act.This act not to apply to animals carried in certain cars or vessels. *Provided, however,* That when animals shall be carried in cars, boats, or other vessels 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.
Sec. 2. ThatPenalties how recovered. the penalty created by the first section of this act shall be recovered by civil action in the name of the United States, in the circuit or district court of the United States holdeu within the district where the violation of this act may have been committed, or the person or corporation resides or carries on its business;United States marshals, &c., to prosecute violations. and it shall be the duty of all United States marshals, their deputies and subordinates, to prosecute all violations of this act which shall come to their notice or knowledge.
Sec. 3. ThatLien may be enforced in district court. any person or corporation entitled to lien under the first section of this act may enforce the same by a petition filed in the district court of the United States holdeu within the district where the food, care, and custody shall have been furnished, or the owner or custodian of the property resides;Court may issue process to enforce the lien. and said court shall have power to issue all suitable process for the enforcement of such lien by sale or otherwise, and to compel the payment of all costs, penalties, charges, and expenses of proceedings under this act.
Sec. 4. ThatWhen act shall take effect. this act shall not go into effect until the first day of October, eighteen hundred and seventy-two. Approved, March 3, 1873.