DISPOSITION OF OLD AND INFIRM ANIMALS

M.G.L. pt. Part I, tit. Title XX, ch. c. 133

in effect

M.G.L. c. 133, § 1 Application to kill old, diseased or injured animals; service of application upon owner; hearing; notice; petition for damages assessment

c. 133, § 1. Application to kill old, diseased or injured animals; service of application upon owner; hearing; notice; petition for damages assessment Section 1. Any officer or agent of any society incorporated under the laws of the commonwealth for the prevention of cruelty to animals or for the care and protection of homeless or suffering animals, provided he is also a special state police officer appointed under section fifty-seven of chapter twenty-two C, or a constable, sheriff or deputy sheriff, or a police officer of any town, may take possession of any old, maimed, disabled, diseased or injured animal and apply to a district court, within whose district the animal is taken, for process to cause it to be killed humanely. If the owner is known, and can after reasonable search be found, a copy of such application shall be served upon him in hand with an order of court to appear at a time and place named to show cause why such animal should not be killed and its value determined. If he is unknown, or cannot after reasonable search be found, the court shall order notices to be posted in two public places in the town where the animal was taken, stating the facts of the case, and giving twenty-four hours' notice of a hearing on said application. At such hearing, if it appears that such animal is so old, maimed, disabled, diseased or injured as to be unfit for humane use, the court shall issue process directing any officer designated herein to kill the same humanely, and shall determine its value. If the owner is aggrieved by such determination he may petition the superior court for the assessment of his damages under chapter seventy-nine.

M.G.L. c. 133, § 2 Value of animals taken; payment

c. 133, § 2. Value of animals taken; payment Section 2. The value or damages, if any, determined under the preceding section, and the reasonable costs and expenses incurred by said officer and approved by the court, shall be paid by the society whose officer or agent made the application for process.

M.G.L. c. 133, § 3 Value of diseased animal

c. 133, § 3. Value of diseased animal Section 3. If the animal taken possession of as aforesaid has any infectious or contagious disease, or, for any reason, might lawfully be destroyed as an abatement of a public nuisance, that fact shall be prima facie evidence that the animal has no value.

M.G.L. c. 133, § 4 Disposition of horses with diseases or disabilities owned by cities or towns

c. 133, § 4. Disposition of horses with diseases or disabilities owned by cities or towns Section 4. Whenever any horses used in any department of any town shall, by reason of disability or disease, become unfit for use therein, the officer in charge of such department, in cities with the approval of the mayor, and in towns with the approval of the selectmen, instead of causing such horses to be sold, may transfer them to the custody of the Red Acre Farm, Incorporated, or any charitable society incorporated in the commonwealth for the prevention of cruelty to animals, or for the care and protection of dumb animals, if the society is willing to accept the custody thereof, to be disposed of as the society may deem best; provided, that the society upon receiving any such horse shall give a written agreement not to sell the horse or let the same for hire. If any horse so received shall thereafter be sold or let for hire, the proceeds of such sale or letting shall be the property of the town, and custody of the horse shall revert thereto.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter133Fetched: 10/20/2026