Opinion
January, 1918.
Judgment of the County Court of Kings county, affirming judgment of conviction of the Magistrate's Court, affirmed, upon authority of People ex rel. Westbay v. Delaney ( 146 App. Div. 957), affirming an order dismissing a writ of habeas corpus. ( 73 Misc. Rep. 5.) The court is also of opinion that the statute in question (Laws of 1894, chap. 115, as amd. by Laws of 1895, chap. 412, and Laws of 1902, chap. 495) is valid within the decision in Fox v. Mohawk Hudson River Humane Society ( 165 N.Y. 517), and that it avoids the defects of the statute involved in that case as pointed out by the Court of Appeals. Jenks, P.J., Thomas, Mills and Rich, JJ., concurred.