Lexington weekly intelligencer., 1883-01-27
THE LAW REGULATING SWINE RUN
MING AT LARGE.

THE LAW REGULATING SWINE RUN
MING AT LARGE.
SEC. 74O7. Svine to be restrained
from running at large, aUhem.-Tnis |
legal voters of any county in the |
state shall have the right, at any gen.
eral election, or at any special cleo
tion called for the purpose, 10 vote to |
restrain SWINE from running ut large |
i'll such county, and if a maj ority OF
votes cast at any such election shall be
for restraining swine from running at
large, then swine shall not be allo ed
10 run at large in such county. claws
1879. p. 158. sec.
Sec. 740S. County court shall sub
NIT to voters the question Of restrain
ing SaDine, ETC., Ohen.-Upon petition
OF one hundred treehOlders of any
county in this state. asking for the
same, the county court shall submit
to the qualified voters OF such county
lat a. general or special election, as
prescribed In this chapter. the ques
ton OF restraining swine from running
at large III such county sand the county
court shall cause notice to be given that
such vote will be taken, by publish
ing notice of the same in o newspaper
published in said county, for three
weeks consecutively. the last insertion
of which shall be at least ten days be-
lore the day of such election, and by
posting up printed notices thereof in
at least three public places in each
township in which such vote is 10 be
taken, Al least twenty days before said
election. (L4ws 1879, p. 1853, sec.
Sec. 74O9. Special election shall be
ordered. aOhen-pr0posttton may be
Submitted, hoW Often.-If The petition.
ers so request in their petition, the
county court shall oruer o special
election for the purpose. of enabling
the voters to vote upon the question
as mentioned in this chapter, and the
petitioners shall pay the cost of such
special election. But not more thai
one special election shall be ordered
in any county in any one year; but
the question may be submitted TO the
voters at both general and a special
election in the same year, but not Of
toner. claws 1879, p, 159. sec. 3.)
Sec. 7410. Form of bdllot-electi9aa.
h0W SOversed.- shall be written
or printed OIL each ballot voted at any
sentences: "For restraining swine
from running ut large; )" "against re-
siraining swine from running at
large" Any such election-the voting
thereat, making returns thereof, and
casting up the result-shall be gov
erned i'll all respects by the laws ap-
plicable to general or township cleo
tions for county or township officers.
claws 1879, p 159. sec. A. i.H.'
Sec. 7411. County clerk to enter re-
suit of election on court record, aohen
shall giUe notice, a0hen-sa0ine not
to run at large, auhen.-lf majority
of all the votes cast at such election,
whether general or special, be for re-
straiming swine from running at large,
the clerk of the county court shall en-.
ter upon the court records the result
OF said election aud file the papers and
returns thereof iu his office, and shall
Immediately give notice of the result
of such election by publishing the
same in a weekly newspaper, publish
ed in the county, if there be one, and
by causing notices thereof to be post
ed up in at least three public places
in each township in the county where
said vote was taken and resulted in
favor of restraining swine from rum
ming at large; aud it shall not be law
/ full for SWINE of any age or descrip-
tion to run ut large off the premises
and outside of the Enclosure OF the
owner of such swine, in any such
county, from and after sixty days
from the day OF such election but if \
majority of the votes cast ut any such
| election be against restraining swins
i from running at large, il shall be law.
tul for swine to run ut large in such
county. Claws 1879. p. 159, sec. 5.)
Sec. 74l2. Liability of owncrs-
damages, hoD recovered-If any swine
shall be suffered to run at large in any
county, or III any township Of any
county, contrary to the provisions oI
this chapter, and shall trespass upon
the land of any person, the owner OF
person having possession of such
swine shall be liable for all damages
the owner or occupant of such land
may sustain by reason Of such tres.
pass, and for second or su bsequent
act of trespass by such swine, suct
owner shall be liable to pay treble the
damages done by the same. Such
damages may be recovered in q civi
action before justice of the peace Of
the township. claws 1879, p. 159
sec. 6
Sec. 74ls. S,oine mag be taken ur
'ohen found running at large-pr0
ceed,ngs.-lf any swine shall be found
running at large, contrary TO the pro
visions Of this chapter, it shall be
lawful for any person to restrain the
same forthwith and give the owner, il
known. notice in writing that he ha,
restrained said swine. aud the amount
of damages he claims III the premisei
and r, quiiing the owner TO take sale
swine away and pay such damages
and such owner shall pay such person
a reasonable sum for taking up, feed
ing and caring for the same, aud tht
actual damages done by said swine
If such owner fails 10 comply with the
provisions of this section within three
days after receiving such notice, or i
the owner of such swine be unknown
such swine shall be taken and deemed
to be strays, and shall be dealt will
i'll the same manner, under like pro
cecdings, as required by law, with re
spect to taking up such property 81
strays under the stray law. claw,
1879. p. 159. sec. T.
Sec. 74l4. appraisers may be ap
pointed to assess damage and apprais,
stDine, a0hen.-lf the owner OF sucf
swine SO restrained shall object to tht
damages claimed by the person hav
ing such swine in possession, and til,
parties cannot agree upon the same
either party may apply 10 any justice
Of tho peace OF the township for tht
appointment of appraisers to asses,
The damages done by such swine, anC
the reasonable cost OF taking up ant
keeping the same, and to sppraiss anC
assess the value of such swine, and i,
shall be the duty of such justice ,t
issue a notice to three disinterestet
nouseholders of the township to ap
pear upon the premises where suct
swine may be, sud assess the damagei
and appraise the swine as herein re
quired. Laws 1879, p. 16O. sec. 81
Sec. 74l5. Oath and deity Of ap
praisers-oWner may take s.Oine, ,.uhen
may demand appraised value. aohen
The persons So notified, or any two
OF them attending, shall take an oatl
that they will fairly and impartially
assess the damages and appraise the
swine i'll controversy, and they shal
make out, sign and deliver 10 eaci
party written statement Of their ap
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