ART. 27] CRUELTY TO ANIMALS. 155

purporting to have been made by a regular practising physician,
he shall not by reason thereof be acquitted of such misdemeanor.

Cruelty to Animals.

1890, ch. 198.

46 B. Any person who wilfully sets on foot, instigates, engages
in, or in any way furthers any act of cruelty to any animal, or any
act tending to produce such cruelty, or by any act, conduct, neg-
lect, or omission wilfully causes, permits or suffers any animal to
undergo any species of torture or cruelty, shall be deemed guilty
of a misdemeanor.

Ibid.

46 v. The words "torture or cruelty" shall be held to include
everything 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.

State v. Falkenham, 73 Md. 484.

1892, ch. 340.

46 D. Justices of the peace shall have jurisdiction concurrent
with that of the courts of criminal jurisdiction, to try and deter-
mine 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 hear-
ing, 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.

46 E. Whenever a fine is imposed in any such case by any
court or justice of the peace, one-half 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 a 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.