Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1883-10-06
aur
ANIMALS.
Ressrainins From Running 1t
Largo.
Be It enacted By tie general Assembly Of
the State of M~SssourS, as follos0s:

Be It enacted By Ae general Assembly Of
the State of Missouri, as folso'os:
Section l.. 1t shall be unlawful for
the owner Of any animal or animals,
Of the species ofhorse, mule, ass, cattle,
swine, sheep or goats, in this state, to
permit the same to run at large out
side the Enclosure of the owner of such
stock, and if any of the species Of do
nestle animals aforesaid be found rum
ming at large outside the enclosures of
the owner, it shall be lawful for any
person to restrain the same forthwith,
and such person shall, within three
days, give notice thereof to the owner,
it known, in writing, stating
therein the amount of compen-
satlon for feeding and keep
ing such animal Of animals, and DANA
claimed, and t%hereupon the owner
shall pay the person taking up such
animal or animals, Q reasonable com
~pensation for the taking up, keeping
and feeding such. animal or animals,
and shalI also pay all persons damaged
by reason of such animals running 1t
large, the actual damages sustained by
him Or them. II the owner of such
stock be not known, or if notified and
fails to make compensation for the
taking up, feeding and keeping OF ami
mails taken up under the provisions OF
this oct, the same shall be deemed to be
gtrays, and shall be dealt withinthe same
manner - required by 'lAwzwith res-
pect to taking up such property as
Strays under tho stray law. III,
Soc. 2. If the wner of such stock
20 restrained and the taker up, or the
person damaged by such stock and tho
owner thereof, cannot agree upon the
same, either party may apply to any
Justice OF the peace Of the township
where said taker up resides for the aP-
pointment Of three appraisers to assess
tho damages done, or reasonable com,
pensation for the taking up, keeping
and feeding such stock, and it shall be
the duty Of the Justice of the peace to
issue : notice to three d~isinterested
housohOlders Of tho township to ap-
pear ct such place in said township as
he may designate, and assess the dam
ages or compensation rs herein requir-
ed. yr -: 70
Sec. s. The persons 70 notified, or
any two Of them attending, shall take
IN oath that they will fairly and i'm
partially assess the damages or COM
pensation in controversy, and they
shall make out, sign and deliver to each
party, Q written statement of their as
sessment Of damages or computation,
and upon the payment of the Same and
the expenses Of said controversy. the
owner of such stock shall b entitled to
take the same away, and if refused, he
may maintain an action therefor, as in
case of wrongful taking or detention of
property.
Sec. 1. The Justice Of the peace
shall be allowed fee Of fifty cents for
issuing the notice and swearing the
appraisers, and the constable or per-
son serving the netice shall be allowed
. fee of thirty-fve cents for each ap-
pralser notified and three cents per
mile as mileage to and from the
place Of service. and each appraiser
shall be allowed a fee Of fifty
cents, which shall be paid by the own
er of such stock before he shall be en-
titled to take such stock away; provid-
ed, that If said appraisers ASSESS the
amount of damages and compensation
fer taking up, keeping and feeding said
WAXlQal u o114x8lSS NJ y 1Co6 0AxOult
than the amount claimed by the taker
up on q written statement delivered to
the owner, it shall be the duty of the
taker up Of said animals to pay said
costs. s-lrI I
Sec. s. It shall not be necessary for
any person to fence against any of the
species of domestic animals enumera-
ted in this chapter, and it shall be no
defense to any action or proceeding
brought or had, that the party taking
up such stock did not have his lands
inclosed with q lawful fence, but moth
ing herein contained shall be construed
to lessen or interfere with the obliga-
lions of the several railroads in this
state to fence the right Of way of such
railroads, asis now provided by law
Sec. 6. Nothing contained in this
chapter shall be construed as to prevent
owners or other persons from driving
any of the species Of animals enumera-
ted in this chapter from one place tt
another, or along any public highway
the owner or owners being responsible
for all damages that any person or per.
IONS may sustain in consequence OF thu
driving Of such stock. =
Sec. Z. The provisions Of this chap.
ter are hereby suspended in the sew
sral counties in this state, until q ma.
jority Of the legal voters of any count,
voting at any general or special cleo
ton called for that purpose, shall de
eide to enforce the Same in such coun
ty: provided, that only . majority O
the legal vsters voting or said ques
ton shall be necessary to decide it
adoption or rejection.