The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-03-29
L A W s
OF THE
STATE OF MISSISSIPPI.
[PUBLIsHRD BIZ AUTHORITY ]

SECTION i. Be it enacted by the Legislator
OF the State OF Mississippi, That to save expens
and IN order that farmers may cultivate ans
: gather their crops without fences, it shall b.
: unlawful for any 1--we stock to run at large il
that portion of Monroe county south of tht
{ northern boundary line of said co1nty and ives
of town creek and of the Tombigbee rive
upon the lands of any other person except tht
own Z or lessee thereof
SEc ?. BE 1t further enacted, That AM
J live stock found running at large, or trespass
] ing upon the fields, pastures or lands of an
other person than the owner or sSee thereof in
that portion of Monrae county before desig,
mated. 1t shall be lawful Tor any person resident
in said irtion of said county. to take up, keep
aad conine such live oek, and the owner OF
other person entitled % the possession thereof
shall pay to the so taking up such live
stock tn sum OF f ty cents Tor e el horse,
mare mule, jack, jennet or colt and the sum
| o. twenty-five Gems for each COW, bulb steer,
hog, sheep or goat and the further sum of
twenty-five cents for keeping, feeding, watering
and attending the same, and the owner or any
other person shall not recover or repossess him
Sc of any such hvs stock until salt sew raj
sums OF money ae first paid or rendered to the
party entitled thereto.
| Sc g. Be it further enacted That anv per-
son who shall take up any live stock under the
provisions OF this act, SHALL with ut lay, give
notice to the owner or other psrson having con-
troll or possession of said stock, # known or can
be ascertained after diligent inquiry and if such
owner or 9th r person shall not, within five
days af er such notice IS given, pay the amount
| as provided in the foregoing section of this act
to the party entitled thereto, it shall be the du
| of the person taking up such live stock, to de-
liver the same to the nearest or most conven-
lent justice of the peace, who shall sell the same
! at public auction for cash, after giving FIVE days
notice of the time and place of sale, by notices
| posted III three or more public places in super
yisors district Nos. 4, and O. of Monroe county,
and shall execute to the purchaser bill of sale,
which, in the absence of frau |, shall vest per-
feet lie Eal title, and the said justice be allowed
outof the proceeds of sale, the sum of fifty cents
| for each horse mare mule, jack, jennet or colt,
and the sum of twenty five cents for each COW,
| goat sheep or hog sold by him as aforesaid, and
the sum of tweut five cen per head per day
! for keeping, feeding, watering and attending to
| such live stock after its delivery to him and
shall out of the proceeds of such sale pay to the
party taking up such live stock the amount due
| him as provided herein; and if the proceeds
shall be insufficient to pay the amount due both,
it shall be distributed equally and pro rata, and
if there be balance after satisfying the parties
azores nd the justice of the peace shall pay the
same to the county treasurer for the use of the
| party entitled thereto, and if such party shall
| not demand the same within one year from the
time of such payment, he shall be barred from
| the recovery thereof, and the same shall be
| paid into the county treasury for the benefit of
| the school fund of the county The justice of
| the peace and the county treasurer shall be lia
BILE on their official bonds for any misappropria-
ton or failure pay to the party entitled there
| to, the proceeds of such sale.
| SEC. 4. Be it further enacted, That if
| the owner, hirer or other person enti-
| tied to the control of the live stock
taken up hereinbefore provided, cannot be
ascertained after dihgent inquiry, the person
so taking up sad live stock shall, within five
days after taking up the same, deliver the same
to the nearest or most convenient justice of the
peace resident in the justice district embraced
within the provisions of this act who shall
proceed therein heretofore provided. In
all cases it shall be admissible for the justice
of the peace to permit the stock to remain in
possession of the party taking up the same or
he may award the custody and keeping to some
other other person until the day of sale, and |
the person having the custody aforesaid, |
shall be entitled to the fees herein provided, |
for the keeping, feeding, watering and attend |
ing to such live stock,
SEC. g. Be it further enacted, That if any |
person taking up live stock, or keeping the |
same or having possession thereof, under the |
provisions of this act, shall neglect to give |
them proper care and attention, he shall be /
liable to the owner other person dtmaged, |
thereby, for double the amount OF damages
sustained, and in addition thereto, shall be /
deemed guilty of a misdemeanor, and on /
conviction, be punished by a fine not exceeding /
one hundred and fifty dollars, or by imprison-
ment not exceeding Thirty days, or by both
such fine and imprisonment.
Sec. 6. Be il further enacted, That every
owner of live stock shalt be liable for all inlu-
ries and trespasses committed by the same on
the fields, pastures, crops and lands IN the
portion of the county embraced within the pro-
visions of this act and the same shall be a lien
on the live stock committing the injuries and
tresDasses, and the same may be enforced in
any court of law having jurisd elton of the
amount in controversy, and II the live stock
be taken up, and notice be given hlm
of the claim for damages to the justice OF the
peace to whom the sale of the same is commit
ted by this act he shall hold the proceeds of sale
for the satisfaction of such lien. But ii the
owner of the stock committing the injuries and
trespasses, sh II give notice to the party
damaged, that he desires to settle by arbitra-
ton, the amount of such damages, the arbitra
tors to consist of three persons. one o be chosen
by each of he par les, d a thi by the par
ties so chosen, and If the party claiming the
damage shall refuse to submit his claim to ar
bitration, he shalt lo$e his lien upon the live
stock and upon such refusal the party desir-
ing to arbitra shall S lect three arbItrl ltors,
who shall award the amount sustained by the
injuries and trespasses, and II any action should
be afterwards brought to recover such damages,
the award of arbitrators shall be prima facie
evidence of the actual damages and unless a
recovery shall be had for one third more than
the amount awarded the party receiving shall
nav all costs in all the courts. The party
damaged shall also have the same right to sub
NIT the amount of damages to arbitration as
hereinbefore given to the owner OF the live
stock, and if such owner shall refuse to submit,
arbitrators may be selected by the party
damaged, and the award shall be prima facie
evidence of the amount of damages sustained,
and if such damages be not paid and reeov ry
be had for the amount or a greater sum than
the award, the court shall ent judgment for
.one-fourth more than the amount recovered.
SEC. Z. Be it further enacted, That the land
owners in the portion of the locality hereinbe-
fore mentioned in the first section of this act
lying adjacent 10 the Tombigbee river and east
Of the prairie belt or in any wnship or fraction
of a township thereof, may relieve their town
ships, or fraction of a township, from the ope-
ration Of this act by written petition, signed
by majority of such land owners, and on the
presentatlon of the same to the board OF super
Yisors, and on proof that it contains majority |
of the land owners in such township, or frae-
ton of township, the board of supervisors shall I
order that the act shall be imperative within
said township or fraction of a township, and /
shall publish the same, and within thirty days I
after such publication, this act shall be mop
erative in the locality described in the order
and publication.
SEC. s. Be it further enacted, That if any
land owner or land owners of Monroe county,
adjacent to the districts, townships or fractions
Of townships embraced within the provisions of
this act shall demand apartition fence between
their lands aud the lands embraced within the
provisions of this act, such land owner shall
petition the board of supervisors Of the county,
that they desire partitl n fence, the board
OF SUPERVISORS po1A1g eafcC
ers to estimate the cost of such fence. and on
their report Of the cost of the same, and on the
payment of one-ha1f Of such cost by the par
ties making the application or by giving seeu-
rity to pay the same within thirty days, such
security to be approved By the chaneery clerk,
and for failure to take good and sufficient
security, the said clerk shall be liable on his
official bond. The board OF supervisors shall
assess the LANDED property included within the
provisions Of this act with one-haH the amount
of such costs AMI the expenses aud probable
delinquencies, and shall enter such assessment
on their minutes, and thereupon he sheriff Of
the county shall proceed to collect such assess
ment within thirty days from the date Of the
or Ter, and may seize and sell on I've days
notice any personal property of such T
delinquent said notices to be posted in three or
more public pl ices in the county, and shall ex-
ecute to the purchaser ! bill Of sale or deed in
brief form, and such deed after thirty days shall
vest title in fee tothe property and shall be
prima facie evidence that all the provisions of
law as to petition. assessment and sac have
been complied WITH but the owner shall have
the right 70 rcpurehAse within thirty days upon
the payment of the am aunf bid and expenses
and i've per cent. additional The board Of
Sfrrnrrteo eofr an renrfvirr the ceksn1qfa If the