The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-12-21

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county, double the value of such stray, and
may also be punished by fine. not exceeding
twenty dollars, and imprisonment in the
county Jail not to exceed thirty days.
SEC. II. That, if any person unlawfully
takes up any stray and fails to comply
with the provisions of this act, or uses or
works such stray before advertising the
same, or shall drive the same on his prem
ises for the purpose of taking up the same,
or shall keep the same out of the county
more than five days at one time before he
acquires title to it, he shall forfeit to the
county not exceeding fifty dollars.
SEC. ID. The county commissioners of
the several counties of this State, at any
regular session of their respective boards,
shall examine the certificates or other rec
.ofss of strays filed in the Offices of the
county clerks: and if, upon such examina
ton, they shall find, by lapse of time, that
such strays shall have become the property
of the taker up, the board shall issue their
warrant, under the seal of the county, direct
ed to the sheriff, commanding him to col
lect the amount due the county, according
to the provisions of section fifteen, from
the goods and chattels, effects or credits, Of
every kind, of the taker up, without exemp
ton: and, for the want thereof, to levy upon
and sell the real estate, of any description,
that may be liable to execution, belonging
in any way to him. either in law OF equity,
in the manner provided by law for the levy
and sale of real estate on execution: and
such stray shall, in all cases, be subject to
the lien held by the county, as provided In
section fifteen. and the county commission
ers may order the sheriff to seize and sell
the same.
Sec. 10. Justices of the peace, in their
respective counties, shall have jurisdiction
and take cognizance of ali actions for the
violation of this act, and enforce all the pen
altles and fines against persons who may be
found guilty of such violations.
SEC. 90. That upon the affidavit of any
citizen of the county wherein such strays
may be held or so taken up, being filed with
any justice Of the peace of the county, set
ting forth that any person naming him
has disposed OF any strays, or IN any man
ner violated the provisions of this act, and
describing the stray, in full, said justice
shall issue his summons aud writ of replev-
in, as is provided in civil cases, command
ing the officer to take the stray into his pos
session, and summons the person who may
have thus violated this act, to appear and
answer, as is provided in cases of replevin.
Sec. 81. That, all trials before iu stice
of the peace, under this act, if demanded by
the defendant, shall be by jury of six com
petent men, to be selected as in civil cases.
who shall, if they find the defendant guilty.
assess the fine to be paid by him, or the
Imprisonment to be inflicted, subject to an
appeal, as in civil cases.
SEC. 22. That if upon examination anC
hearing, it shall appear to said justice thai
this act has been violated, he shall assess
the fine as herein provided, and shall order
the officer to deliver the stray to any person
who will give good and sufficient bond to
the county to keep said stray until the ex
piration of the twelve months, at which time
the title shall vest in him, as it would have
done in the laker up, and he shall be subiec
| to the same liabilities and requirements o.
this act.
the provisions of this act, shall be paid into
the county treasury, for the use of the com
mon school fund.
SEC. Cd. That there shall be allowed fol
taking up strays, the following ewards: fol-
taking up every horse, mule or ass, fifty
cents; for every head of neat cattle, twenty
five cents; for all other kinds of animals
fifteen cents per head.
Sec. 25. That the county clerk receive
for recording each certificate Of strays
twenty -hve cents, whether such certificate
contains greater or less number of animals
SEC. 26. The justice of the peace sbal
receive the sumof twenty five cents for re
cording each certificate of appraisnent
whether such certificate contains greater
or less number of animals, and twenty five
cents for each certified copy of the same
and, for other services, such fees as are al
lowed by law for similar services, excep
that, in no case shall he receive mileage.
Sec. 81. That, if any stray lawfully
taken up, gets away or dies, without tn
fault of the taker up, he shall not be liab.'
for the same.
SEC. 90. That, if any county clerk O
justice of the peace fails to perform TIL,
duties enjoined upon him by this act. h
shall forfeit and pay to the county not les
than five nor more than fifty dollars, ant
pay to the party injured, not less than fv.
nor more than one hundred dollars.
SEC. 60. That an Act entitled can Ac
| to regulate the taking up and posting o
strays," approved February 2, 1859, also
an Act entitled can act concerning los
goods and estrays," approved February / 1
1859, be and the same are hereby repealed
SEC. 80. That this act shall take effec
and be in force from aud after its publica-
tion.
Approved May 90, 1861.
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