The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-03-27
AN ACT TO prevent stock from running at
large in certain counties.

APPROVED. March 5. 1873.
/ AN ACT to prevent stock from running al
large in certain counties.
SECTION /. Be il enacted by the Legislature
/ of the State of Mississippi, That whenever two
/ thirds of tne resident freeholders OF any town
/ ship or townships in the counties of Monroe
| Clay, Chickasaw, 0ktibbeha, Lowndes, PanoIa,
Lafayette, DeSJto and COpIah, shall petition
the board of supervisors Of their res peetive
counties for that purpose, then said BOARD Of
supervisors shall make an ord Rreq uirin g all
persons within the limits OF such township or
townships, TO keep their live stock OF every
description securely confined within en-
closure, but such order shall NOT lake effect
until public notice thereof has been given COR
three months in some newspaper published in
SAID county, Or posting written or printed
notices in five pub ic places in the TOWNSHIP p
or towns nil : to be effected thereby.
SEC. z Be it further enacted, That If any
person within such township or townships
shall suffer or permit any live stock whatever
70 go al large in such township town
sni 5, then any person within the limits
thereof may take up and contne such stock
the expense OF the owner, an such owner
shall not recover such stock until he shall
have paid all damage occaslOned by such stock
50 running at large, aud shall also have paid
the party taking up and conhuing the same
as follows: La of horses, mules, jack,
JennIes or cattle OF any desert ptIon, the
OF fifty cents for taking up, and the further
sum of twenl y-hve cents per day for feed ing
the same while confined; ami in case OF hogs,
sheep or goats the sum of fifty cents per head
for taking up aud the further sum OF twenty
five cents per day for feeding the same while
confined; Provided, That when any person
shall take up any stock of any kind under the
pro visions of this section, he shall, within
TWEEN y-f0ur hours thereafter, give to the owner
of such stock, ii such owner be known, p .rsCu-
al notice, tice by leaving written
tlce with some person on his premises, if the
same be known or N be reasonably ascer-
tanned that such stock has been taken up
aforesaid bat if the owner of such stock be
unknown, or his premises cannot be GER
tanned with reasonable diligence, then the
person so taking up SUI n stock shall post a
notice giving IA description thereof in turee
public places in yhe township where su:h
stock was taken up, and no charge for feeding
said stock shall he made or collected for any
time prior to The giving or posting OF such no
tice, and if 10 owner be found for said stock
in da VS. il sh All be dealt with a estray
SEC. 3. lie il further enacted, That VIII enever
two-thirds of the freeholders of such township
or townships shall petition the .oard of super
vIsOrs OF their county Tor that purpose, such
board OF supervisors shall make an order re-
curing the freehoiters thereof to construct IA
fence around such township or townships sep
arating it from the surrounding territory.
SEC. 4. Be it further enacted, That when the
board of supervisors sh make the order
mentioned in section Shree Of this act, then 1t
shall be the duty Of said board TO appoint
three discreet freehoders, residents within
the limits embraced in said petitions, as com
year from he date Of their appoIntm mt, and
who shall axe an oath to faithfully discha &c
he duties OF their office, and may be required
by the board Of sUperv sors TO give bond Fay-
able to he board of supervisors in such sum
as said board may proper, cOnditi ned to
discharge the duties of their office faith ,ully.
Said bond may be put in suit by aay party in
tereSted IN the name OF sald board, 10 the use
of tn party sueing. The chaucery clerk shal
i'm IN ediately issue n written Notification o.
such appoint ment to said com nissioners, which
shall be delivered to them by the sheriff of the
county; the said commissioners shall receive
such compensation Tor their services may
be allowed by the board OF supervisors.
SEC ). Be it further enacted, That it sha l |
be the duty of said commissioners when so ap- |
pointed and qualified, to carefully estimate |
the cost of constructing said fence, and also |
to ascertain the value of all the taxable real
of each freebooter in said township |
or townships by the last assessment rolls |
the county, and shall then assess each free |
holder for his proper tomato share of the |
amount to be received, having reference to the |
value that such freeholder's taXable real pro- |
perty bears to the taxable real property of all |
the freeholders within said township or town |,
ships.
SEC 6. Be it further enacted, That said COM |
mFb7T9RRSiT6g shall the1 glye ten days n9oe by
county or by posting written or printed notices |
in FIVE pubiic places in the township or town |
sbips affected thereby, that they viii, on day |
certain, at place specified IN SAID township, |
meet to receive and receipt for the amour
main at said place from day to day, for space
of five days, at the expiration of which time
thew shall file with the clerk of the circuit
court Of the county, written report, under
10Th Giving the name of each freebooter who |
has neglected or refused TO pay his assessment, |
setting opposite his name the amount OF the
unpaid assessmF Mt against him, which report,
when so filed, shall be taken anu heid to De a
Indictment in favor of said commissioners
against such delinquent for the amount OF his
delinouency aud the clerk shall then enter the
IL tt,a
same upon the Judgment roils OF the county;
and issue execution thereon IN favor of sad
against each delinquent, and
placo the same in the hands OF the sherlH OF
he county whose duty 1t shalt be TO lmmeQl-
ately collect the lme and he shall nave the !
sine ri ghts and be under the same respOnsi-
h lities as under other executions at law. Inc
aharif shall then Immediately pay over to
said commissioners all moneys so collected
nv him king their receipt for the same, de-
duct inc the costs and expenses. The clerk and
sheriff shall receive the same fees and costs as
for like services in other cases; Provided,
There shall be no property exempt from selz-
ure and safe under such execution
SEC T. Be it further enacted, That II snail
be the duty OF said commissioners, as soon as
practicable, to have said fence constructed IN
4 good and substantial manner, out OF the
fun ds arising from said collections. SAID
commissioners shall also have full power and
authority to contract with any treeholder Tor
materials and labor to construct the same, ana
nav allow any freebooter, resident within
sueh township or townships, credit on his
as ssment for any materials furnlshed o.
labor performed, as also tor any renee or
h.doe already located the line enclosing
said township or tow nships; and II any dis.
pute shall arise between any freebooter and
said commissioners as 10 the value OF any
fence hedge, or land, necessary TO be appro-
nriated bV said commits toner's, then the value
thereof shall be settled by three discreet free
holders one of which shall be chosen by he
commissioner, one b the treeholder, and the
two 40 osen shall select third, who shall
he sworn to decide impartially between them,
from whose decision there shall be no appeal
= SEC g. Be it further enacted, That all va
cancies occurring in said board of commits
sioners by death or Otherwise, shall be filled
nv the board of supervisors of the county, and
that q majority of said board shall constitute
a ouorum and shall have all power and au-
thoFity conferred upon s&id com y!
SEC 8. Be it further enacted, That it shall
be the duty of said board of commissioners to
keep the said fence in good repair, and shall
also keep convenient and substantial gates at
ali places where public roads shall cross the
line of said fence; and said commissioners,
for IaE purpose OF keeping sald renee In repair,
shall anndaHy usa ke estimate OF The amount
necessary, the taxable property aud the pro
nortionate shall be borne by sneh freeholder
in the same manner as set forth IN section hVe
of this act and the same proceedings shall be
rad in reference thereto, as provided for IN
his act for amounts raised for construction of
said fence.
halders of any two or more adjoining town
shins or fractional tow nshIps, or any fractional
mart of any adjoining township or fractional
township, may unite in said petition and joint
~ aysil themselves OF the provisions u 'niS
SEC. IL. Be it further enacted, That when
anv township or townships, situated IN any
two counties shall be divided by county
;nS and three-fourths of the freeholders of
such township shall petition for the benefits
Of tais act, the supervisors of that county
whose territory in said township or town
aims contains the largest number Of free
holders, shall take jurisdiction therein over
the subiest matter of this act, and shall exer-