The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-06-08

AN ACT 70 proVlde for sue pEoteet1ont Oh
Stock from Contagious Diseases. J.
Be Il enacted By the Legisl0lssrs Of Me State
of Kansas: a
SECTION l. Every persoa shall so re-
strain his diseased or dIssampered cattle.
or such as are under his care that they may
not go at large, and no person or persons
shall drive any diseased or distempered cat
lie affected with any contagious or infec-
tious disease into or through this State. or
from one point thereof 70 another. Any
person or persons offending against this
section, shall, on conviction thereof before
any Justice of the peace, forfeit nos less than
five nor more than twenty-five dollars for
every head of such cattle. and be liable for
all costs and damages.
% SEC 2. Any justice Of the peace, upon
proof before him that any cattle are going
at large or are driven il OF through his
county in violation of the preceding section,
shall order the constable % impound them,
and the owner thereof shall be held liable
Tor all costs and damages
SEC. 8. The constable who may execute
the order of any justice of the peace as
aforesaid, to impound any such cattle, shall
have twenty FIVE cents per head for the frs.
fifty, and five cents for each additional head,
to be paid by the defendant ON conviction
thereof; but in case the defendant be dis
charged, then said costs to be paid by the
county; and if any officer TO whom any or
der under this law is directed, should fail
to execute it, he shall forfeit in case of fail
ure, sum not less than one hundred dol
lars. ,t 30
SEC. A. No person or persons shall be al
lowed to drive, or cause to be driven into
or through the State of Kansas, any drove
or droves of cattle from the States of Texas,
Arkansas, or the Indian Territory lying
south of the State of Kansas, between the
first day of April and the first day of No
vember in each year; and any person or
persons violating the provisions of this sec
ton, shall for the first offense be fined in
any sum not less than seventy five dollars,
and for every subsequent otfense in any
sum not less than ninety dollars. Contin-
uing to drive said cattle through the State
shall be deemed subsequent offense.
See. 5. Any justice of the peace, upon
an affidavit being filed before him that any
person or persons have driven or caused TO
be driven any cattle from the States of Tex
Arkansas, or Indian Territory. into his town
ship or county in violation of the preceding
section, shall forthwith issue warrant for
the arrest of the offender. which warrant shall
be executed by the sheriff of the county, or
by any constable thereof, or by some com
petent person specially deputed by the JUS
tice for that purpose. When any person
shall be brought before justice of the peace
under the provisions of this act, it shall be
the duty of the justice 10 hear and deter
mine in summary manner the complaint
alleged against the defendant; and if said
person or persons so arraigned shall be
found guilty of violating the provisions Of
this act, it shall be the duty of the justice
to issue an order to the sheriff or constable
of the county, directing him to drive said
cattle out of the State, over and on the same
route whence they came in and the sale
sheriff or constable is hereby empowered
to drive said cattle in or through any county
through which said cattle may have beer
driven on their way into the Stale.
SEC. g. It shall not be lawful for any
person to use, let, sell, or permit to run a
large, any horse, mule, or ass, diseased
with CHAMBERS. Any person violating the
provisions of this section, shall pay a fine
no: less than five nor more than fifty dol
lars, and shall be liable for all damages.
Sec. 7. All fines and forfeitures incurred
under the provisions Of this act shall be re
covered by acllon before any JuSuce OF tEe
. peace, and all such fines shall be paid int
the.school fund in and for the county hav
ing Jurisdiction of the case.
SEC 8. In all cases of conviction unde
the provisions of this act, the justice shal
| enter judgment for the fine and cost
: against the defendant, and may commi
him until the ju igment is satisfied, or issu
| execution on the judgment for the use 0
: common schools of the county.
SEC 9. All acts or parts of acts ineon
sistent with the provisions of this act, ar
hereby repealed.
SEC. 10. This act shall take effect ant
, be in force from and after its publication.
Approved May l, 1861.
G. ROBINSON.