Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1871-12-12
ORDINANCE.

large within tile corporate limits of the Viii
lage of Lancaster, within certain periods of
time, and TO provide for the distralning and
sale thereof.
The President and Trustees of the Village
| OF Lancaster do ordain as follows:
SECTION !. 1t shall be and hereby is made
unlawful for horses, mules, sheep, and swine
TO depasture and run at large within the cor
porate limits Of the Village of Lancaster, at
any and all hours of the day and night time
| and at all seasons of the year.
II is also hereby made unlawful, and il shall
| be unlawful for cattle 10 depasture and run at
large within the corporate limits of the Vii
lage Of Lancaster, at any and all hours of the
day or night time, between the 18th day of
November and the Isl day of April following
/ thereafter and il shall be and is also hereby
made unlawful for cattle to depasture and run
at large within the corporate limits of the Viii
| iage ofLancaster, at any and all other times and
| seasons between the hours of nine 90 O'Clock
in the evening and four (4) O'Clock in the
morning of each and every day.
And each and every animal Of the horse,
mule, cattle, sheep or swine kind found so GO
| ing at large, in violation of the provisions of
this Ordinance, shall be taken up, distrained,
/ and confined as hereinafter provided and
fine of Two dollars upon each and every ami
NAL OF lie horse, mule, or cattle kind. and
| fine of One dollar upon each end every animal
| of the swine kind, and fine of Twenty-Five
cents upon each and every animal of the sheep
| kind, besides the costs and charges herelnaf-
] ter stated, is and are hereby imposed for every
such animal found so going at large, contrary
| TO, and in violation of, the provisions of this
| Ordinance, one half of which fine or fines,
| when collected, shall be paid into the Village
| Treasury, and the other half shall be paid to
| the officer, or other person, making such dis
tress and enforcing the same as hereinafter
provided.
SEC. 2. II is hereby made the especial du-
| ty of the Village Marshal, and any other Cor
| poration Officer is hereby authorized, to take
| up, distrain, confne, and safely keep in the
| Village Pound or any other secure place within
said village, each and every animal found run
ming at large in violation oil the provisions OF
this Ordinance, and within twenty four (24)
hours after such taking up and distress, unless
the same shall be made between the hour OF
3 O'Clock in the evening of Saturday, and
O'Clock in the morning of Sunday, in which
case, on or before six (6) O'Clock in the after
noon of the Monday following, the said Mar
shall, or other officer making such distress,
shall cause written notice, specifying the time
when and the place where such beast or beasts
was OF were taken up and distrained, and
description of the same, and the number OF
such beasts, land the amount of fine or fines i'm
posed by Ordinance thereon and the expense
| of keeping such beasts, and the cost of max
| ing such distress, and all other costs and
| charges, Ito be given to the owner or owners,
provided such owner owners are to him
known and residents of said village.
SEC. g. Unless each and every beast so TAX
| en- up and so distrained, shall be seized in an
action or discharge according to law, within
Six days after such distress, the Marshal, or
other officer, as the case may be, shall sell
| such beast at public vendue, giving two days
notice-written or printed-by advertisement
to be fixed up at three public places in said
village, which advertisement shall contain
description Of the beast or beasts to be sold,
and the time when taken up and distrained, the
| day, hour, and place of sale, the owner there
| of. if known, and the amount of fine or lines
| imposed thereon, together with costs OF dis
tress, expense of keeping and feeding and
costs of sale; which fine or fines and other
costs and charges may be aggregated aud
| stated in said advertisement in one collective
amount as near as may be.
Said Marshal, or other officer making any
| distress, as herein provided, shall, so long as
| any beast, or beasts, are under distress, fur
nish them with sufficient food and water and
take good care of such animals, and shall be
paid therefor as part OF fees and costs IN
such cases. The Marshal, or other person
making such distress and sale, is hereby pro-
1 HlDlleu lTOu bCNOhlihS
sale. either directly or Indirectly, and such
beasts shall be sold to the highest and best
bidder for cash in hand.
SEC. 4. From the proceeds OF such sale,
| the Marshal, CT other person or officer max
| ing the same, shall retain sufficient to pay
the amount of his fees ard the costs OF keep
ing such beasts and the charges OF sale,
together with the amount OF fine or fines
imposed by the provisions of this ordinance:
ha on curpluS- the shall
be paid 10 the owner, or owners thereof II
known. If the owner or owners OF the beast
or beasts sold are unknown at the time OF
sale, then the Marshall or other officer MEX
ing sale, shall forthwith pay such surplus,
together with one-half Of the fine or fines
imposed upon such beasts, to the village
Treasurer and take his receipt therefor and
file the same with the village Clerk. Al
any time within one year from the date of
such sale, on proper proof of ownership, the
village Treasurer shall pay to the owner oil
any beast or beasts sold, the surplus on such
sale, if any After one year from the date
of the sale Of any beast or beasts under this
ordinance, such surplus, if any, in all cases,
shall become forfeited 10 the use of said
village as general funds.
In all cases the Marshal, other officer
making sale of any beast or beasts by virtue
hereof, on receiving or collecting any fine or
forthwith after the receipt of
any fine or fines, pay the one-half thereof of
any fine or fines into the village treasury.
| taking the receipt of the Treasurer therefor
and filing the same Immediately thereafter
with the village Clerk.
SEC. 5. II is hereby made unlawful, for
any person or persons, whether owners or
otherwise, TO take away or remove, in any
manner, or by any means, with or without
| force, any beast or beasts taken up and dis
trained by virtue Of this ordinance, so long
as the same are held and detained by the
| Marshal, or other officer making any distress,
without first paying TO the Marshal, or officer
taking up and dlstraining any beast or beasts,
the fine or fines imposed by the provisions of
| this ordinance and ali other lawful charges
and expenses; and each and every person
who shall do 10 the contrary, shall be punished
by fine in the sum of not less than ten nor
more than fifty dollars for each and every
offence, to be recovered as hereinafter provid
ed, together with costs of prosecution.
| SEC. q. Whenever any beast or beasts,
distrained under this ordinance, or under any
other ordinance Of said village, authorizing
the taking up and distraining of horses, mules,
cattle, sheep or swine, or any other animals,
| shall be placed and confined in any pound,
stable, lot, yard, enclosure or in any other
place by whatsoever name known, 1t shall be
| unlawful for any person or persons, IN any
manner whatsoever, with or without force,
to remove or liberate any such beast or beasts,
animal or animals, without first paying the
fine or fines imposed by the provisions of
this ordinance, or the ordinance under which
said distress is made, together with all other
lawful charges, and each and every person
| who shall do to the contrary and violate this
ordinance, or such other ordinance, stall, on
conviction, be punished by fine of not less
than ten nor more than fifty dollars
for each. and every offence, TO be recov-
cred as hereinafter provided, together with the
costs of prosecution.
SEC. Z. Every person who shall in any
manner, and at any time and place, break, or
in any manner injure any pound, fence, build
ing, gate, lock, yard or other enclosure or
premises wherein any dlstrained animals may
be kent or placed by the Marshal of said
village, or other officer thereof, making ny
distress and every person who shall enter
any pound, building, yard, lot or other encio-