1488                           LAWS OF MARYLAND                      [CH. 718

Code of Maryland (1957 Edition and 1962 Supplement), title
"Crimes and Punishments," subtitle "Cruelty to Animals," said
Section 70B to follow immediately after Section 70A thereof, relat-
ing to animals, increasing the penalty for cruelty to animals, giving
discretionary authority to judges and magistrates to remove ani-
mals from custody of persons convicted of cruelty to animals, add-
ing Frederick County to the list of counties prohibiting dogs in heat
from running at large, and requiring custodians of dogs in Fred-
erick County to provide shelters for dogs that are kept out of doors.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 59, 67 and 70 of Article 27 of the Annotated Code of
Maryland (1957 Edition and 1962 Supplement), title "Crimes and
Punishments," subtitle "Cruelty to Animals," be and they are hereby
repealed and re-enacted, with amendments, and that new Section 70B
be and it is hereby added to said Code and subtitle, to follow imme-
diately after Section 70A thereof, all to read as follows:

59.

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, neglect or omission
wilfully causes, permits or suffers any animal to undergo any species
of torture or cruelty, shall be deemed guilty of a misdemeanor and
shall be punished by a fine not exceeding $100.00, or by imprisonment
not to exceed [(30)] (90) days, or both.

67.

Whenever the owner or custodian of an animal is convicted of any
act of cruelty thereto, [and subsequently it becomes necessary] the
judge or magistrate as the case may be may use his own discretion
in ordering the removal of said animal or animals for their protection
at the time of conviction. If said animals are not removed from the
custody of the owner or custodian at the time of conviction. If said
animals are not removed from the custody of the owner or custodian
at the time of conviction, and subsequently it becomes necessary, in
order to protect said animal from further neglect and/or cruelty,
any officer of an animal humane society or any police officer may
take possession of it. When an animal is impounded, yarded or con-
fined and continues without necessary food, water or proper attention
and the owner or custodian thereof cannot be found, any officer of
an animal humane society or any police officer may enter into and
upon any place in which the animal is impounded, yarded or confined
and supply it with necessary food, water and attention so long as it
there remains, or, if necessary, for the health of the animal, may
remove such animal, and not be liable to any action for such entry.
In all cases the owner custodian of such animal, if subsequently
located shall be notified of such action by the person taking posses-
sion of the animal. If the owner or custodian continues to be unknown
and cannot with reasonable effort be ascertained for a period of
thirty days, such animal shall be held to be an estray and be dealt
with as such, provided, however, that nothing in this section shall be
construed as permitting the entry into a private dwelling.

70.

In Cecil, Dorchester, Frederick, Howard and Wicomico counties, it