The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1852-05-22

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same time. and by the same person. they
shall DO included in the same entry, aud
the Justice Of the Peace and clerk shall
receive no more fees than for one such ami
mai and ench county clerk shall Cause q
sN'ement OF the appraiserneni and the des.
ciipsion oil the animal or animals 30 es.
trayed, 10 be advertised, at least three times,
IN some newspaper published in the count,
where such animal or animals we're es
trayed. if there be one, and il there be
10 newspaper Published IN tho county.
then the cleik shall cause the same TO be
advertised in the newspaper published near
est to the coun'T, and also By posting up
notices at three public places in the comfy,
one OF which shall be al the courthouse
door thctonf, and the printer of such no.
tice shall furnish copy of the paper cen.
tanning the same, to said cleik. whose duty
Il shall be TO file aud preserve =. same 10
his office. for the inspection of AL persons
who may be interested; aud fos sucb pub
LEGATION the printer shall be entitled to re.
cciye, from the .ativ estrayed, the sum OF
two dollars, to be collected 10y the county
clerk, and paid to the order OF the printer
Src 4. BE- further enacted, That
ut any time within twelve months, il shall
be lawful for the owner OF any stray horse,
mare. colt, mule, jack, or Jennei, 10 prove
his or her property by the oath or affidavit
Of any respectable witness, in certificate
containing a particular description OF the
animal or animals. claimed. including the
kind. marks. brand, stature, color, aud age.
La. hI,sl ,,Ytt Sh al Ia.
sworn 10 aud subscribed before any Justice
OF the county wherein such animal or aui
mas ma, have been estrayed, and delivered
to the takef up, to be filed by him III the
office ot the county clerk OF such county (;
and on the delivery OF such certificate. aud
payment of all costs incurred in keeping
and posting such stray or strays to the
,aker up, shall be entitled to demand aud
and receive such animal or animals !,
prorded that when the responsibility oi
the witness aforesaid is not known t9 the
officer administering the oath, the party
claiming shall produce satisfactory evidence
OF the responsibility OF such witness, Ger.
tilted by "a Notary Public OF the couaty
in which the witness resides and prOrided
frniier. that Ia all cases when the owner
and takcr up cannot agree upon the Charge
for keeping such estray or estrays, the Jus.
tee before whom such animal or nnlmas
n,ay have been posted, shall determine the
amount to be paid by the owner 10 the
taber up.
Sre. . That the 9Th section OF said act
be so amended AS to read us follows. to
wit:
The property of every horse. mare, colt,
mule. lack, Ieunet OF work OK, taken up
AS aforesaid. aud not proven away by the
owner. within twelve months after such sp.
praisemeut. shal be deemed vested Ia the
county wherein such estray or estrays may
have brsa posted aud the ,aker up shall
immediately thereafter proceed TO sell the
same for cash. to the hlghcs, bidder, at the
courthouse door oi tn. county, giving no.
tce OF the same. Is required Ia the case of
sherlls or coHs,abl.s sales and, within
ga DAYS after such sale, he shall pay into
the county treasury Of the county, one bali
of the proceeds OF the same and retain the
other half for his own benefit: prorided,
that each and every return OF sale shall be
made la, aud filed by, the county clerk oi
the county. aud sworn 10 b, the taker up
pyou1.kd. that the owners OF the property
30 estrayed may at any time within xix
morths after such sale. apply to the county
treasurer. and. upon proof oi such owner.
ship, shall be entitled Ia have aud receive
the amount SO deposited, after paying such
costs rs may be necessary to establish his
right thereto.
>r,. q. BE Il further enacted. That II
an, person or persons es'raying any horse.
mare colt. mule, jack. or Jennef. shall send
or take away the sams out OF the State OF
Texas, through fraud, or swap, sell. or
otherwise dispose OF the same for the pur-
pose OF gain. or COT the purpose OF hoidn.
property, he. she, or they. offending shall
be considered guilty OF horse stealing. and
be liable to prosecution and punishment as
provided by law for such offence, aud shall
moreover be liable upon his, her. OF their,
bond in ~ action for damages. IN favor OF
the party injured
SIC 7. b. II further enacted. That
ans person who shall take NJ md use any
stray horse, mare. colt. ma,c. Jack. or
jenn.,, contrary to the intent and meaning
Of thu. act. shall be deemed guilty OF a
4
men, in the district court, for the county
in which such mlsdemcanof shall be com
United. may be fined ~ n sum equal to
double the value OF the animal OF animals
and costs. aud shall moreover bc liable to
the owner thereof ~ an action IA any
court having competent, having competent
iuri.dirtion. tot the value of such es'fay or
cstra,s, so taken up aud used as aiorc-
said
srr. S Tha, the eighth section of said
: acr. be So amended as 10 read as bellows,
to.wit
( Thu, any citizen taking up any stray cat
tie other than work oxen. hogs, sheep or
goats shall proceed in the same manner as
REQUIRED in the case OF horses, &c, except
advertising in newspaper; and any per
son es,ta,lng the came II, the expiration OF
.,x month. from the date OF appfsisemen',
shall proceed 10 give notice rs required ~
cases OF sheritrs' or consiableA sales, and
to sell such es,rays where they were taken
up. il not less than three bidders attend
such sales. yrorided, shstnc animal Of the
: kind enumerated in this section, except
work oxen. shall be subject to be cssrsycd,
uhlcs. the anne shall have heea on the
Z plantation or land Of the ,aker up At least
twelve month. previous To the time Of e.
,ra,ins tho same. and further pr"rtded,
thattbe counties Of FL Paso and Presidic be-
J -. ~ .,ax,s;aux nj thu frat Grr.