Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-03-30

D9" The following act of the late
11th) Legislature Of Texas, is par
ticularly applicable to this section
of the State, and we publish it for the
benefit of our Stock raising readers.
1t had escaped our attention here
tofore;
Sec. 1. Be 1t enacted By the Legis-
latue of the State Of Texas, That the
Penal Code be. and the same is here
by amended, by in creasing therein
the following Articles, to-wit;
Part II. Title TX. Chapter TX.
Article 766, a. Ifany person shall
wilfully take into possession and
drive, use or remove from its accus-
toned range, any live stock not his
own, without the consent Of the
owner, and with intent to defraud
the owner, thereof, he shall be deem
ed guilty of theft, and on conviction
thereof, shall be confined in the
,, penitcnti:a.Gry not to exceed two
years, or fined in q sum not to ex-
coed one thousand dollars, or by
both fined and Imprisonment, at the
discretion of the court and jury
trying the case.
Article 766, b. If any person
shall wilfully kill, or destroy, or
drive, or remove from its accustom-
ed range, any live stock not his
own, without the consent Of the
owner, under such circumstances as
not to constitute theft, he shall,
nevertheless, be guilty Of INSIDE
meanor, and shall be punished by
fine not exceeding double the value
of such stock.
Article 766, C. Nothing in the
preceding articles shall be constru-
ed to prevent any person from dri.
wing his own, and other stock,
which may be mixed Herewith,
until the same can be conveniently
separated; provided, that nothing
herein shall be construed to author
ize any person, under any circum-
stances, to remove any live stock,
notahis own, from their usual range.
Article 766, d. In any prosecu-
ton under the three preceding
Articles it shall only be necessary
to prove the act of killing, or des-
truction, or driving, using or re-
moving from the range, of any
stock not belonging to or under the
control of the accused, and it shall
devolve upon the accused, to show
any fact under which he can justify |
or mitigate the offence.
Article 767, a. If any person
shall mark or brand any unmarked
or unbranded stock, with a mark
and brand not upon record, he
shall be guilty of a ;nisdemeanor,
and shall be punished upon convic-
ton thereof by fine equal to double
the value of such stock; and any
person who shall kill any unmark-
cd or unbranded animal, sheep, hog,
goat, COW calf, OK or beef steer, not
his own, although the owner ofsuch
animal be unknown, shall be guilty
Of a misdemeanor, and on convic-
ton thereof, shall be punished by
fine not less than twenty-five dol
lars, nor more than one hundred
dollars, or sentenced to hard labor
On public works of the county or
State, not less than three nor more
than six months, at the discretion
Of the Court and jury trying the
Ease.
Article 767, b. If any person
hall alter or change any mark or
brand upon any stock of his own,
Or any that is under his control,
first having such mark or
brand recorded, shall be deemed
guilty Of a misdemeanor, and on
thereof, may be fined in
IN amount equal to double the
-alue thereof, as the circumstances
hall require; PrOrided, that this
Article shall not include counter
Article 769, a. If any person
without the consent of the owner,
hall take up, use or milk any COW
lot his own, he shall, for every
nch offence, be punished by fine
lot exceeding ten dollars.
Sec. 2. That this act take effect
nd be in force from and afler the
st day Of January, 1867. "a
Approved November y. 1896. z