Punishment for beating, etc., animals

Any person who cruelly beats, ill-treats, over-drives, over-loads or tortures, or causes or procures to be ill-treated, beaten, overdriven, abused or tortured any animal is guilty of an offence and is liable to a fine not exceeding one hundred dollars, and if the offender is not the owner of the animal, to pay such further sum by way of compensation not exceeding one hundred dollars, as is ascertained and determined by the magistrate before whom such person is convicted, Provided that the party aggrieved may forego such compensation, and bring an action for damages.