New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-09
cATTZE ON THE PUBLIC HIGHWAYS.

SECTION l. The first section of an act entitled An
act 10 prevent animals from running at large IN the pun
lie highways. passed April 2 1882 is hereby "nch'o
"Et II shall not be lawful for any cattle, horses,
marx Mace or highway In this State and u shall be the
duty Of every overseer Of highways within his district
Village 10 seize and take into his possession and keep TIL
disposed Of according TO law, any animal 80 found run
ming nj large And person suffering or permitting
any animal to run az large IN violation OF TINS socno
shall forfeit penalty OF . Tor every 4CTS n sM h OF
covered by civil action by any inhabtant OF the SWn
i'm lis own name, in the name OF the oyeseers OF te
poor OF the town. by the proceedings hereinafter pro
SEC Section two Of said act hereby amended so as
Ii shall be lawful any person TO seize and take
into his custody and retain TIL disposed OF as 10y
law any animal which may be In any pubic highway,
and opposite to land owned or occupied by him contrary
TO the Of the foregoing section, or or any am
NAL which may be trcspassng upon premises o"heu Vi
occupied by him" a.,
so as to read rs follows: -, III,
as. Whenever any such person. or any officer shall
seize and take into dis possession any animal under me
authority of the preceding sections II small DC me uy
of such person or officer to make med'9 of the
peace OF the town in which such SEIZURE 0ccnTea anu
such Justice shall thereupOn have Jurisdiction TO near
and determine such matter ana shail tnere"Poh
proceed in the same manner as IN clVI aCuUhs, tN-
Win issue a simmons, under his hand stating the
fact of such seizure and complaint and requiring the
% sa Ss f To shoW eaue before such justice time and
place To be specified in said summons, why SAID animal
by this act such time shall not be less thanfen nor more
than twenty days from tho issuing OF such summons IS
The said summons may be served by any cOlstapH OF
said town. by any clectOr tefcOl aulhofu 50 w
do by the sG a'S sc IN S Sdsns the ss%e
in at least six public and conspicuous places III
said town aud OF said places SHAH be the nearest
district school house unless the said seizure shall have
been made within tho bounds OF an ln9Oipolaleu
village having tho schools in charge OF board Of educa
ton aud in snch Of such notices shall be posted
I'm one the buildings in which such schools are taught
summons the complainant aforesaid may appear and
any party person owning OF having ON interest ~ sad
allowed by the said Justice 10 appear In
said proceeding; and on hl3 ming Win i, san s,G Ut
aforesaid den any or all me facts alleged h 1 s ad
proceeding and the subsequent proceedgs Shal De as m
civil actions far they be, unless otherwse pro
snG The aid summons shall be returned by constable
duly served or by proof showing that iact served 10y
Justice shall find. after trial that no suhcenl CAUSE Is
shown Why such sale should not be made as directed D
mi, act then the said justice shall issue his warrant
under ms hand. directed To any constable OF inc Su
town. commanding him to sell the sald animal ~ puoS
auction the best price he can obtain therefor ahd
make return thereof 10 the said justice, at time and
place therein specified not less than ten more than
twenty DAYS thereafter The said salo shall be made on
tho like notice rs on consta3les sue On o'r I'm
cess. and the said constable shall make return
as required by the said warrant, and pay
the proceeds Of said sao TO said justice. Tue
scnT tbe sane amounts chg allowed a. in civil ac
ons: ana ia addition he shall allow to the party or on
Ger making such seizure for every horse or co III ior
eyerv COW calf OF other cattle each 90 cents ana Tor
every goat sheep. swine 70 cents together Win te
actual damages sustained by such parry 10y reason OF inc
respas, or breaking of such animal into his premises
ana reasonable compensation to snch person or Oger
Ia be estimated b such Justice for the care ana keeping
OF such animals. from the time OF the seizure Thereon 20
the SALE and the said justice shall be allowed th9 sum o1
81 for each auulal 20 soid, ana INC ,oI5'pir w %
fees for service Of summons ana execution IN GN
acIi n S% n,d o he oYertcerso OF the poor or the
officer Of the board having tho support OF the poor IN
sSg y up. Of 6 PScr@ds Of said sale the said jus
tcc shall pay the same 10 the owner or party estabsh
ing before him. the return ~ said summons, or ~ 5uCh
other time q. he sha appoint. The rghtto inc same
person shall claim said surplus within one ytat aiep
such seizure the ad justice shall pay the same 10 the
oyer-eer7 81 l poor o. ouca town OF the oneef vi b
owner or party Interested shall not appear and demanu
such surplus within said year. he shall be forever pre-
receipt Of the Of the poor OF said town or on
81 board Aforesaid given at any time aitcr the GN
prnton ~ said year shall be full discharge 10 sd jus
| lice for the same" - D., -,
70 a ANY owner Of any animal which shall have
bcon seized under aud pursuant 70 the foregoing pt0yi
sous may at any time before tho justice aforesaid shall
proceed to the hearing tho return Of said summons
animal uron the payment to SAID justice OF the several
hcciucfurr required TO Do PAID 10 the sara aco
seizure Aforesaid shall have been made, apd tue pchay
aforesaid. whom such seizure is made by any occr To-
ccther with n reasonable compensation 10 the person or
officer making such seizure for the care ahd keephS Oh
such animal 10 be nsc'aihcd ana nArd Dy
ownership and II such owner shall not have appeared
upon said return day and sha '3cusc su,n Ia
sn.6 demand at least three days before the time ap-
,lnrJ f s, ale he sha loo entitled 10 the custody
ana possession Of such animal upon paying onchaf of
the several above stated together with the Mhoe
amount of penalty compensation and damages "heh the
sEc g. The nth section of said act Is hereby amended
In casc tho animal so seized under the foregoing
provisions of ibis act shall have been 50 running Mt large
or csspassiug by the Wltul 9,t oil any other person
than the owner to effect that object such owner SHAH he
entitled 20 the possession OF 'eh animal az any ,c De
OF said sumIuoug making the demand therefor, ana
the proof required n the next preceding section ad on
PAVING 10 such person officer making such seizure the
amount ~ compensation uNtd ~ euch justice lot the
care aud kecpng al such animal aud huut paying any
other charges And The person ,omulttls h,'h MnI VA
act tha Dc liable 10 penalty OF tlO 10 be recovered
an utiun M Law 40 tho sut Of tho owner Of tld ANIMAL
/ or the person or officer making such selhi e.. .
sLc. {. Tie following two sections shall DO added
10 SAID act ANA shall DO the sixth aHd se'eh'h sections
"SS An appeal may be taken by either party who shall
such justice, to the county court nnd all laws renth 10
appeals from Judgments OF justices courts ana the urs
dcton power, and duties OF county courts to hear ana
determine such appeals, and the proceedings therein
shall be applicable To said appeals so lar ~ IN. same can
can only bo taken from the finding or determination that
cause exists does not exist for the sale Aforesaid ana
! mnatiOn; and such appeal when made 10y claimant
shall not be enectun for any purpose unless the mosr
a clause that la The finding OF determination shall be
affirmed tho claimant viii pay all such the said
Justice shall determine and dudgo for the costs penal
ucs aud allowances 50 ~ Aforesaid ath0rlcdtOn c made
In ease of an armanee by the county court said court
| shall appont time aud place when said justice shall sd
lust the same and such adjustment shall DO made IN the
manner and for heTenboiOre specified In case
such undertaking II given aud approved by the sald
Justice lac shall forthwith direct the said sale not 10
had and shall order the said animal To be delivered 10 inc
appellant II II shall appear 90 him that he Is the owner
| OF entitled To the possession thereof
SIC Z. In any person mnkng such seizure shhi lh
said hearing 10 show cause sufficient Ia OBTAIN sch
sale, the sadsce shall render judgement against , nm
for costs And IL said Justice shall ma from
the evidence that such seizure maclousan and without
amount OF ana ges sustained by the owner by means oil
such seizure and judgment shall In such case be gonor
| double the amount assessed with costs -
g. Actions for cause oil action, hillHR OUT VI my
proceeding hal or taken attempted TO be had or taken
gnfa ai1 act