Litchfield enquirer., 1863-08-06
CHAPTER XXXy,

to prevent animals running at large upon
 Public Highways" ....'',. =
 Be it enacted bythe Senate and House of Rep- rssentatioes, in General Assembly convened:
 Sec. l. It shall not be lawful for any cattle, horses, mules. asses, sheep, geese or swine, to run at large upon any public highway, or com mon, in this State, for the purpose of being kept or pastured thereon, either with or with out a keeper.
 Sec. 2. It shall be lawful for any person to seize and take into his custody and possession any animal which may be in any public high way, and opposite to land owned or occupied by him, contrary to the provisions of the fore going section and it shall be lawful for any person to take into his custody and possession any animal which may be trespassing upon premises owned or occupied by him, provided said animal enters the premises from the high way, or through a fence belonging to the own CT of said animal, or through lawful fence belonging to any other person or persons.
 Sec. B. Whenever any person shall seize animal under the authority of the next preces ding section it shall be the duty of such per son, if the owner of the animal be known, to give immediate notiee thereof to such owner, and he may demand of the owner for every horse, mule, ass, OK, COW or calf twenty-five cents, and for every sheep, goose or swine, ten cents, together with just damages for injuries uuoes,turcu ny SUCH au1tuat or animals, and when such payment shall have been made, fl demanded the owner shall be entitled to the possession of his animal or animals, if applied for within twenty-four hours after such notice shall have been given. If the owner is not known, or shall not comply with the above within twenty-four hours after such notice shall have been given, the possessor shall proceed as follows, viz: he shall then give notice there. of to the town clerk of the town in which such seizure shall have been made, and possession taken, with full description of the animal or animals so seized, with their natural and arti- fcial marks and such clerk shall thereupon give notice, by recording the same in book which shall be kept for such purpose, and by posting the same upon the school house near est where the seizure was made, and upon the public sign-post nearest the town clerks office that such animals will be sold at public auc- tion, at the public sign-post nearest the town clerks office in said town, in not less than ff- teen nor more than thirty days from the time of afixing such notice, to be specified in such notice. Said clerk shall then proceed to sell the animal or animals for cash, and, out of the proceeds thereof, shall, in the first place, re- tain the folloWing fees and charges for his ser vices in giving said notice, and making said sale, viz. for every horse sold, one dollar for every COW, or calf, or other cattle, one half dollar; and for every sheep or swine, twenty five cents; and shall then pay to the person who shall have seized the animals, the sum following that is to say, for every horse, mule or ass so seized and sold, one dollar; for every COW, or calf, or other cattle, one half dollar and for every sheep, goose, or swine. twenty five cents; together with just damages for any injury occasioned by such animal or animals and reasonable compensation for tho care and.. keeping of said animal, or animals, from the seizure thereof to the time of sale. Il there shall be any surplus money arising from said sale, the said clerk shall retain the same in his hands, and pay the same to the owner or owners, of said animal, or animals, after 3 reasonable demand therefor, and satisfactory proof of such ownership, provided such own CT or owners appear, and claim such surplus, within one year after sale. Ifthe owner or owh- pear and demand such surplus money, within 6ne year after such sale has been made, he shall be forever precluded from recovering any part of such moneys, and the same shall be paid to the treasurer of the town, for the use VI ShC to"h ] Nuu hio ASSCAPt eASbOfVA 0AoA w alegal discharge to said clerk.
 Sec. 4. Any owner of any animal which shall have been seized under and pursuant to the foregoing provisions, may, at any time within ten days after such notice shall have been posted by the town clerk, demand, and shall be entitled to, the possession of such an- imal, or animals, upon the payment by him ol fifty cents for every horse mule, ass, COW, cali, or other cattle, and twenty-five cents for every sheep, goose, or swine, one half of which amount shall be for the benefit of the town clerk, and one half for the benefit of the per son making the seizure, together with all dam ages which the person making the seizure may have suffered by such animals and a reasona- Ele compensation for their re and keeping;
 See. 5. In case the animal seized under the foregoing provisions of this act, shall have been running at large, or trespassing, by the wilIful act of any other person but the owner, to effect that object. such owner shall be enti- tied to the possession of such animal, or ami malls, by making demand therefor and satisfac- tory proof of ownership, and paying to the person making such seizure, all just damages occasioned by such animal or animals, and without paying any other charges and the person committing such wilfnl act, shall be lia- ble to penalty of twenty dollars, and all damages committed by such animals while so running at large, to be recovered in an action at law, at the suit of the owner of such ami nal, or the person making the seizure, and for the want thereof shall suffer Imprisonment in the county jail not less than thirty days.