Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1853-12-23

to your well known philsnthropical dis
position, to lend your influence to al
proper endeavors to promote and i'm
prove this great industrial interest =
We might have Flax as cheap as cot.
ton, and Linen goods nearly as cheap
as cotton goods, il the exertions Of
the farmers would second the improve.
ment of machinery. f9l'ie iei, !.
Yours very respectfully, sN
THOMAS KIMBER, JR.
Em alluding last week to the fol.
lowing law we said it was unlawful to
kill unruly animals. On examining il
closely we discover our mistake. They
may be killed by paying for them, and
this would bemuch cheaper than to al
low them to commit depredations with
out limit. Our country and town are
interested in this law, and we advise
its enforcement. Had we killed some
starving animals six months ago and
paid FIVE times their value we would
have made money byit.
AN ACT
Concerning enclosures and tesspassing
animals. I.
APPROVED JUNE a, 1921
SECTION ]. Be IL enacted 5v The
General assembly Of the State of lndi-
ana, That any structure or hedge, or
ditch in the nature Of fence, used for
the purposes ofenclosure, which is such
as good husbandmen generally keep.
and as shall on the testimony of skilful
men, appear to be sufficient, shall be
deemed lawful fence.
Sec. 2. If any domestic animal
break into an enclosure, the person in
jured thereby shall recover the amount
Of damage done, ifit shall appear that
the fence through which said animal
broke was lawful; but not otherwise.
Sec. g.. If, before trial, the owner
of such tresspassing animal shall have
rendered to the person injured, any
costs which may have accrued, and at
so an amount in lieu of damage, which
shall equal or exceed the amount Of
damages afterwards awarded by the
count or by the jury; or shall offer, in
writing to confess judgment for the
same; and il, notwithstanding. the said
injured person, refusing the said offer.
cause the trial 10 proceed, he shall pay
costs, and recover only the damages
awarded. ra., i.sI lsa
Sec, a. When any domestic AMI.
ma. shall break into. the enclosure Of
any person, such person, without re-
gard 10 the season Of the year, may
take up such animal as il an estray,
whether the owner be known TO him
or not. and shall proceed as provided
by law Of estrays, except as herein pro-
vided.
Sec. 8. Such taker up shall, within
twenty-four hours after such taking up,
give notice to the owner Of such ami
NAL, il known, and he can be immedi,
ately found. 1'aA Nit,'' - s CT ~
Sec. 6. Such taker up, before post
ing or advertising, shall procure. from
two disinterested freeholders, an ex-
animation and assessment Of damages.
with a certificate OF same, including
reasonable pay Tor such assessment
Sec. z. The fact of trespass in the
enclosure OF the taker up and the dam
ages assessed, including pay for assess
ing, shall be specified in such notice or
E4s
Sec. 9. The owner shall not be en-
titled to demand the trespassing estray
from such taker up, unless he proceed,
as in case oteslrays, TO prove his prop
erty and pay costs allowed in the case
OF estrays, and also damages and the
costs OF assessment. 3m y .s.
Sec. 8. ifthe owner of the estray.
at any time within five days after he
mas hau nouce Vi assessineh. Oh oam-
ages, controver', before any justice Of
the township, the amount OF damages.
or deny such trespass, the cause shall
be docketed for trial. fl sf- s,a
Sec. 10. Either party may demand
a jury; and such trial shall proceed,
,;on ;ssre as in other cases q.
Sec. ii. IL -damaoes assessed ON
n tr;ol sucb dama9os and oil oosts
sum I ~nN ~. so,''
must DC pau py lne owner before ne
recover MS PfoPer'y' :. -.g. :.
Sec. IL. III the verdict or hnding
be, that the trespsss was NOT committed
by the property taken UP, judgment
shall po against the taker up for all
costs and for such damages as may be
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