3293. Misdemeanors, punishment of. All misdemeanors, where a specific punishment is not prescribed, shall be punished as misdemeanors at common law; but if the offense be infamous, or done in secrecy and malice, or with deceit and intent to defraud, the offender shall be punished by imprisonment in the county jail, not less than four months nor more than ten years, or be fined.

Code, s. 1097; R. C., c. 34, s. 120.

II. ANIMALS.

3294. Contagious diseases; rules for prevention of. If any person shall wilfully violate any regulation made by the board of agriculture for the quarantine of infected animals or for the transportation of stock into this state, or for transporting stock from one section of the state to another section, or for the establishment and maintenance, in co-operation with the department of agriculture of the United States, of cattle districts or quarantine lines to prevent the infection of cattle from splenic or Spanish fever, Texas fever or other infectious or contagious diseases, he shall be guilty of a misdemeanor.

1901, c. 479, s. 4, b3.

3295. Contagious disease, having, sold. If any person shall sell, or offer for sale, or shall use, or expose, or cause or procure to be sold or offered for sale, or to be used or exposed, any horse or other animal having the disease known as glanders or farcy, or any other contagious or infectious disease known by such person to be dangerous to life, or which shall be diseased past recovery, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. Code, s. 2488; 1891, c. 65; 1881, c. 368, s. 7.

3296. Contagious diseases; having glanders or farcy to be killed. If the owner of any animal having the glanders or farey shall omit or refuse, upon discovery or knowledge of its condition, to deprive the same of life at once he shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2489; 1891, c. 65; 1881, c. 368, s. 8.

3297. Contagious diseases; hogs not to run at large. If any person having swine affected with the disease known as hog cholera, or any other infectious or contagious disease, and discovering the same, or to whom notice of the fact shall be given, shall fail or neglect for five days to secure the diseased swine from the approach

or contact with other hogs not so affected, by penning or otherwise securing and effectually isolating them, so that they shall not have access to any ditch, canal, branch, creek, river or other water-course which passes beyond the premises of the owners of such swine, he shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1889, c. 173, s. 1; 1891, c. 67, ss. 1, 3; 1903, c. 106; 1899, c. 47.

3298. Contagious diseases; hogs dying with, buried or burned. If any hog or other animal shall die with the hog cholera or other infectious disease, and the owner thereof shall fail to burn or to so bury the same as to secure it from the reach or contact with other hogs or other domestic animals of value, or if he shall throw or place such hog or other animal in any ditch, canal, branch, creek, river or other water-courses passing beyond his own premises, he shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. 1889, c. 173, s. 2; 1891, c. 67, ss. 2, 3; 1903, c. 106; 1899, c. 47.

3299. Cruelty to; construed how. If any person shall wilfully overdrive, overload, wound, injure, torture, torment, deprive of necessary sustenance, or cruelly beat, or needlessly mutilate, or kill or cause or procure to be overdriven, overloaded, wounded, injured, tortured, tormented, or deprived of necessary sustenance, or to be cruelly beaten, needlessly mutilated, or killed as aforesaid, any useful beast, fowl or animal, every such offender shall for every such offense be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. In this section, and in every law which may be enacted, relating to animals, the words "animal" and "dumb animal" shall be held to include every living creature; the words "torture," "torment” or "cruelty" shall be held to include every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food.

Code, ss. 2482, 2490; 1891, c. 65; 1881, c. 34, s. 1; 1881, c. 368, ss. 1, 15.

3300. Cruelty to, instigating or promoting. If any person shall wilfully set on foot, or instigate, or move to carry on, or promote, or engage in, or do any act towards the furtherance of any act of cruelty to any animal, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2487; 1891, c. 65; 1881, c. 368, s. 6.

3301. Cruelty to, by bear-baiting and cock-fighting. If any person shall keep, or use, or in any way be connected with, or interested in the management of, or shall receive money for the admission of any person to, any place kept or used for the purpose of fighting, or baiting any bull, bear, dog, cock, or other animal; or if any person shall encourage, aid or assist therein, or shall permit or suffer any place to be so kept or used, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2483; 1891, c. 65; 1881, c. 368, s. 2.

3302. Conveying in cruel manner. If any person shall carry or cause to be carried in or upon any vehicle, or other conveyance, any animal in a cruel or inhuman manner, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days; and whenever he shall be taken into custody therefor by any officer, such officer may take charge of such vehicle or other conveyance and its contents, and deposit the same in some safe place of custody; and the necessary expenses which may be incurred for taking charge of and keeping and sustaining the same shall be a lien thereon, to be paid before the same can be lawfully reclaimed; or the said expenses, or any part thereof remaining unpaid, may be recovered by the person incurring the same of the owner of said animal in an action therefor. Code, s. 2486; 1891, c. 65; 1881, c. 368, s. 5.

3303. Dogs, female, running at large. If any person owning or having any bitch shall knowingly permit her to run at large during the erotic stage or copulation he shall be guilty of a misdemeanor and fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 2501; 1862-3, c. 41, s. 2.

3304. Dogs, sheep-killing, to be killed. If any person owning or having any dog that kills sheep or other domestic animal, upon satisfactory evidence of the same being made before any justice of the peace of the county, and the owner duly notified thereof, shall refuse. to kill it, and shall permit such dog to go at liberty, he shall be guilty of a misdemeanor, and fined not more than fifty dollars or imprisoned not more than thirty days, and the dog may be killed by any one if found going at large.

Code, s. 2500; 1862-3, c. 41, s. 1; 1874-5, c. 108, s. 2.

3305. Dogs, failing to kill when mad. If the owner of any dog shall know, or have good reason to believe, that his dog, or any dog belonging to any person under his control, has been bitten by a

mad dog, and shall neglect or refuse immediately to kill the same, he shall forfeit and pay the sum of fifty dollars to him who will sue therefor; and the offender shall be liable to pay all damages which may be sustained by any one, in his property or person, by the bite of any such dog, and shall be guilty of a misdemeanor, and fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2499; R. C., c. 67.

3306. Failure to comply with law as to strays. If any person shall fail to comply with any of the requirements of law as to strays, he shall be guilty of a misdemeanor and upon conviction be fined not exceeding fifty dollars or imprisoned not exceeding thirty days. Note. For duties as to strays, see chapter Strays.

3307. False representation of pedigree. If any person shall, with intent to defraud or cheat, knowingly represent any animal for breeding purposes as being of greater degree of any particular strain of blood than such animal actually possesses, and by such representation obtains from any other person money or other thing of value, he shall be guilty of a misdemeanor, and upon conviction thereof shall for each offense be punished by a fine of not less than sixty dollars nor more than three hundred dollars or by imprisonment for a term not exceeding six months.

1891, c. 94, s. 2.

3308. Fraudulent registration. If any person shall, by any false representation or pretense, with intent to defraud or cheat, obtain from any club, association, society or company for the improvement of the breed of cattle, horses, sheep, swine, fowls or other domestic animals or birds, a certificate of registration of any animal in the herd register of any such association, society or company, or a transfer of any such registration, upon conviction thereof he shall be punished by imprisonment for a term not exceeding three months or a fine not exceeding one hundred dollars, or by both such fine and imprisonment.

1891, c. 94, s. 1.

3309. Impounding unlawfully. If any person shall wilfully and unlawfully tole, drive, or in any way move any other person's horse, mule, ass, neat cattle, sheep, hog, goat or dog, from the range or elsewhere, into any stock law district, or into the limits of any city or town, having the right to impound or destroy the same, with intent to secure the poundage or other penalty, or with intent to injure the owner of such animal, or to require him to pay any

poundage or penalty on account of such animal, or for hire or reward, he shall be guilty of a misdemeanor. If any person shall unlawfully and wilfully remove any animal above named from any lawful enclosure, with intent to injure the owner, he shall be guilty of a misdemeanor.

1895, c. 141, s. 1.

3310. Impounded, releasing or receiving. If any person unlawfully receives or releases any impounded stock, or unlawfully attempts to do so, he shall be guilty of a misdemeanor, and shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2819; 1889, c. 504.

3311. Impounded, to be fed and watered. If any person shall impound, or cause to be impounded in any pound or other place, any animal, and shall fail to supply to the same during such confinement a sufficient quantity of good and wholesome food and water, he shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2484; 1891, c. 65; 1881, c. 368, s. 3.

3312. Impounder misappropriating money. If any impounder wilfully misappropriates money that he may receive from sale of stock impounded, or in any manner wilfully violates any provisions of the law in regard thereto, he shall be guilty of a misdemeanor, and on conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

Code, s. 2818; 1889, c. 504.

3313. Injuries to, in inclosure without lawful fence. If any person shall wilfully and unlawfully kill or abuse any horse, mule, hog, sheep or other cattle, the property of another, in any inclosure not surrounded by a lawful fence, such person shall be guilty of a misdemeanor, and fined or imprisoned, at the discretion of the court. Code, s. 1003; 1868-9, c. 253.

3314. Injury of, in range. If any person shall unlawfully and on purpose drive any live stock, lawfully running at large in the range, from said range, or shall kill, maim, or injure any live stock, lawfully running at large in the range or in the field or pasture of the owner, whether done with the actual intent to injure the owner, or to drive the stock from the range, or any other unlawful intent, every such person, his counselors, aiders, and abettors, shall be guilty of a misdemeanor. In the counties of Graham, Swain, Haywood, Jackson and Transylvania he shall be guilty of a felony and pun