The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-07-03
ACTS PASSED By THE THIRTEENTH
LEGISLATURE.
ANACT
FOR the Protection ofthe Farming Inter
est OF she state

est OF she state
SECTION 1. Be It enacted by the Legisla-
ture Of the State Of Texas, That every per-
son shall make a good fence around his or
her lands, used or cultivated; provided, it
shall not be necessary to fence against the
ineuTsions Of sheep, goats or hogs.
SEC. 2. When any trespass shall have
been committed by any stock, or any cleared
and cultivated lands or crops so fenced
of any person OF persons within this State, it
shall be lawful for such person or persons,
to bring his, her or their suit for damages
against the owner or owners of such stock,
in any court in this State of competent juris-
diction, and recover as in other suits for
damages.
SIC. 3. If any person, whose fence is
insufficient, under this act, shall with guns,
or otherwise MAIN, wound or kill any cat
tie, or any horse, mule, ass or jennet, or
cause or procure the same to be done, such
person or persons so offending, shall make
full satisfaction to the party injured, for all
damages by such person or persons sus-
tanned, to be recovered as in other suits for
damages provided, that this section shall
not be so construed as to authorize any person
to MAIN, wound OF kill any of the animals
above specified, belonging to another, un-
der any circumstances.
SEC. A. 1t shall not be lawful hereafter,
for any sheep, goat or hog, to run at large
within the State, but the owner or owners
thereof, shall be required to keep the same
up in Enclosures, or under herds; and should
any such sheep, goats or hogs be found run
ming at large in, about or near the cultivated
or enclosed land or premises of any other per-
son, such person or persons are hereby
authorized to take up and pen such sheep,
goats or hogs, and notify the owner thereof, if
know, and if not known, shall within twenty
four hours thereafter, post up descriptive
list or advertisement thereof, giving number,
kind, color and marks, in at least five of
the most public places within FIVE miles of
where said animals are penned, notifying
all persons that at a time and place to be
stated in said advertisement, not less than
ten days thereafter, that such stock will be
sold; and the taker up is hereby required to
take such care of the animals so taken up
by him, as a careful person would ordinarily
take of his own stock so penned.
SEC. g. If at the end of not less than
ten days thereafter, and at time and place
named in said advertisement, the owner or
owners thereof do not come forward and
pay the taker-up all reasonable compensa-
caring for said animals, then the same shall
be sold at the place so penned, at the time
named in said advertisement, by the taker-
up, to the highest bidder for cash in hand,
and after deducting from the proceeds of
said sale the actual value of the food or pas
turage consumed by said sheep, goats and
hogs, to be certified to be due him, by two
disinterested and respectable farmers or
freeholders of the county, and deliver the
balance, if any, with said certificate and
copy of said advertisement, to the county
treasurer, whose duty it shall be to keep
said certificate and advertisement on file in
his office, and keep said money in a separate
fund, to be called the stock fund, for the space
of one year after the same has been paid into
his Office, after which time the same shall
be transferred to the general county fund
That at any time during said year, and not
thereafter, any person or persons, furnish
ing said county treasurer with satisfactory
proof that he, she or they were the owners
of such stock so sold, said county treasurer
shall pay over the proceeds of such sale in
his hands to such claimant, after deduting
the usual commissions allowed said treasurer
for receiving and paying out moneys.
Sec. 6. That hereafter; if any person or
persons shall willfully permit any of their
sheep, goats or hogs to run at large in this
State, such person or persons upon convic-
ton thereof by any court of competent ju-
risdiction, shall be fined in any sum not less
than ten dollars for every animal SO per-
mitted to run at large; provided, that this
act shall not be put in force in any county
in this State until three-fifths of the votes
that purpose, shall vote in favor of putting
this act in full force.
Sec. z. 1t shah be the duty of the pre-
siding justice of the peace, of any county
in this State, whenever fifty or more free
holders of his county shall petition there
for, to issue an order for an election, to
take place in the several voting precincts of
his county, at time named in said order,
not less than thirty days after the date
thereof. That said election shall be car
ried on as in cases of the election of county
officers; and the voter desiring to put this
act in operation in his county, shall place
upon his ballot the words "For the stock
law" and those opposed to it shall place
upon their ballots the words Against the
stock law" provided that this section
shall ~ be so construed as to permit the
vote to be taken to put this act in force in
any county in this State at any time during
the year in which general election is held,
unless the same be had upon the day or
days of such general election.
Sec. 8. 1t shall be the duty of the per-
son or persons holding said election, to
make due return of all the votes at the several
voting precincts in said county, for and
against said proposition, to the presiding
justice of the peace of said county, whose
duty it shall be, in the presence of the
district clerk, and at least two other JUS
tees of the peace, or other respectable cit
liens of the county, chosen by himto foot
up said returns, and ascertain the result of
said election; and if three-ffths of the
votes cast at said election, shall vote in IA
vor of the proposition, then it shall be the
duty of the presiding justice of the county
to issue his proclamation declaring the re-
suit of said election, which proclamation
shall be published in the county paper of
said county Of there be one) for one week,
and shall also be posted up at the courthouse
door, and at least one public place in each
Justices precinct in the county; and said |
election and proclamation shall have the
force and effect to put this act in full Ope-
ration in said county on and after the
twenty-fifth day of December next after
the date of said election.
SEC. 9. That If at any such election the
proposition shall be defeated, the vote shall
not again be taken in said county during
the same year, but at any time after said
year the proposition may be again presented
and voted upon for said county, or a sub
division thereof, the limits of which subs
division shall be set out in the order for the !
election; provided, that the following
named counties together with those COM
posing the Thirtieth Senatorial District,
Shall be excluded from the operation of this |
law, to-wit; jefferson, Orange, Hardin, |
Tyler Jasper, Newton, Sabine, San Angus
tire, Anderson, Nacogdoches, Shelby, Pan
ola, Rusk, Smith, Henderson, Van Zandt, |
Raines, Wood, Upshur, Harrison, Marion,
Cass, Titus, Hopkins, Delta, Harris, Mont
gOmery, Angelina, Trinity, Washington,
Parker, Palo Pinto, johnson, Eath, Hood,
CALDWELL Grimes, Walker, Madison, San
Jacinto, Cherokee, Houston, Brazoria, Mat
agoria and Bowie.
SIC. 10. That all acts and parts Of acts
h. khr i