Marvin Mandel, Governor                         587

or by trial before any justice of the peace in and for the county where
the offense occurs, and jurisdiction original and concurrent with
the said courts having criminal jurisdiction is hereby given to the
said justices of the peace, and they shall have power to issue all
processes and do all acts which may be necessary for the exercise of
said jurisdiction, and may try and determine all such cases and may
pronounce judgment and impose sentence therein to the same extent
as the aforesaid courts having criminal jurisdiction could do in such
cases, if such cases were tried before such court without a jury; pro-
vided, however, that if any person, when brought before any such
justice having jurisdiction of the case, shall, before the trial for the
alleged offense, pray a jury trial, or if the State's attorney for the
county where the offense occurs shall, before the trial of such alleged
offense, pray a jury trial on behalf of the State, it shall be the duty of
such justice to commit such alleged offender for trial, or to hold
him to bail to appear for trial in the court having criminal jurisdiction
in the case, at its then or next session, and to return said commitment
or recognizance, with the names and residences of the witnesses for
the prosecution endorsed thereon, forthwith to the clerk of such
court; and the justice of the peace before whom the accused is brought
for trial shall inform him seasonably of his right to demand a trial
by jury].

§ 63. Arrests by officers of humane society.

Any officer of any society or association incorporated for the pre-
vention of cruelty to animals, duly incorporated under the laws of
this State, shall upon his own view of any misdemeanor in relation to
cruelty to animals make arrests and bring before any [magistrate or
justice of the peace] commissioner or District Court offenders found
violating the laws of this State in relation to cruelty to animals.

§ 67. Care of mistreated and neglected animals.

Whenever the owner or custodian of an animal is convicted of
any act of cruelty thereto, 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, 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 re-
move such animal, and not be liable to any action for such entry. In
all cases the owner or custodian of such animal, if subsequently lo-
cated shall be notified of such action by the person taking possession
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 con-
strued as permitting the entry into a private dwelling.