ART. 4.] CRUELTY TO ANIMALS. 363

that he had good reason for not bringing suit before a justice of
the peace; and in all cases of appeals whatsoever from judgments
of justices of the peace in Baltimore city, costs shall be allowed
to plaintiff or defendant, in the discretion of the court; provided,
that in all cases involving the title to real estate, wherein the
verdict or judgment is for the plaintiff, he shall be allowed his
costs.
Repp v. Berger, 60 Md. 1.

CRUELTY TO ANIMALS.

P. L. L., (1860,) art. 4, sec. 190.

241. If any person shall wilfully cause or procure any bull-
baiting, cock-fighting or the fighting of dogs, in the city of
Baltimore, or shall wilfully and wickedly kill, cripple or commit
acts of cruelty upon animals in said city, or any of the streets,
lanes or alleys thereof, every such person and those aiding therein
shall be liable to prosecution and punishment in the criminal
court of Baltimore as for other misdemeanors.

1880, ch. 129.

242. Whoever shall unnecessarily overdrive, overload, over-
work, torture, torment, deprive of necessary sustenance, cruelly
or unnecessarily beat, cruelly mutilate or cruelly kill, or cause or
procure to be so unnecessarily overdriven, overloaded, overworked,
tortured, tormented, deprived of necessary sustenance, cruelly or
unnecessarily beaten, mutilated or killed, any horse, ox or other
animal, shall be punished by a fine of not less than five dollars,
nor more than twenty dollars, to be recovered on complaint of
any member of the society for the prevention of cruelty to.
animals, or by any other person, before any justice of the peace
in Baltimore city, or before any justice of the peace or judge of
any court in any county in this State.

Ibid.

243. Every owner, driver or possessor, or person having charge
or custody of a maimed, disabled or diseased horse, mule or other
animal, who shall cruelly work the same when unfit for work, or
cruelly abandon the same, shall be punished in the same manner
as provided in section 242.