330. CRIMES AND PUNISHMENTS. [ART. 27

the means and instruments made use of to accomplish the criminal act are
matters of pleading, and when they are matters of proof. State v. Falken-
ham, 73 Md. 465.

As to "Live Stock" and offenses in connection therewith, see article 58.

As to "Sheep and Dogs" and offenses in connection therewith, see arti-
cle 86.

1904, art. 27, sec. 58. 1890, ch. 198, sec. 2.

64. The words "torture or cruelty" shall be held to include every-
thing whereby unjustifiable physical pain, suffering or death is caused
or permitted, and the word animal shall be held to include every living
creature except men.

Ibid. sec. 59. 1892, ch. 340, sec. 1.

65. Justices of the peace shall have jurisdiction concurrent with
that of the courts of criminal jurisdiction to try and determine all cases
in relation to cruelty to animals and to pronounce sentence of fine and
imprisonment, or either, in the same manner as said courts; but if either
the parties accused or the State's attorney shall elect to have the case
tried before court, it shall be the duty of the justice of the peace to give
a preliminary hearing, except in cases where such hearing is waived by
the accused, and if there be a probable cause of guilt, to commit or bail
the accused for the action of the court having jurisdiction.

Ibid. sec. 60. 1892, ch. 340, sec. 2. 1900, ch. 462.

66. Whenever a fine is imposed in any such case by any court or
justice of the peace, one shall thereof shall be paid to the Maryland
Society for the Prevention of Cruelty to Animals of Baltimore city:
in case there shall be no society of similar character in the county, city
or town where the offense shall have been committed, in which latter
event the said one-half of the fine shall be paid to the said local society;
and any officer of said society, or any society or association incorporated
for the prevention of cruelty to animals, duly incorporated under the
laws of this State, shall upon his own view of any misdemeanor in rela-
tion to cruelty to animals make arrests and bring before any magistrate
or justice of the peace offenders found violating the laws of this State
in relation to cruelty to animals.

Ibid. sec. 61. 1892, ch. 340, sec. 3. 1914, ch. 669.

67. The justice of the peace before whom any party accused shall
be brought for his action under the provisions of Sections 63 to 67 of
Article 27 of the Code of Public General Laws of Maryland, shall,
before proceeding to try and determine the case, inform such party of
his or her right to a jury trial.

Ibid. sec. 62. 1894, ch. 142, sec. 1.

68. It shall be unlawful for any person or persons to shoot or other-
wise kill or maim any Antwerp or homing pigeon, commonly called and
known by the name of "carrier pigeon," either while in flight or at rest.