Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1883-06-23
RESTRAINING ANIMALS FROM RUN
MING AL LARGE. q.
The New Law.


Be it enacted by the General Assembly Of
the State of Missouri, as follows:
SECTION 1. It shall be unlawful for the
owner of any animal or animals, of the species
of horse, mule, ass, cattle, swine. sneep or
goats, in this state, to permit the same to run
vt large outside the Enclosure Of the owner Of
such stock, and if any of the species of do
nestle animals aforesaid be found running at
large outside the enclosures of the owner, It
shall be lawful for any person to restrain the
same forthwith, and such person shall, with
In three days, give notice thereof to the own
or, II known, in writing, stating therein the
amount Of compensation for feeding and
keeping such animal or animals, and dam
ages claimed, and thereupon the owner shall
pay the person taking up such animal or ami
mails, q reasonable compensation for the tax
ing UP, keeping and feeding such animal or
animals, and shall also pay all persons damaged
by reason of such animals running at large,
the actual damages sustained by him or them.
If the owner of such stock be not known, or
II notified and fails to make compensation for
the taking up, feeding and keeping of animals
same shall be deemed to be strays, and shall
be dealt with in the same manner "a required
by law with respect to taking upAsuch prop
erty as strays under the stray law.
SEC. 2. If the owner of such stock so re-
strained and the taker up. or the person dam
aged by such stock and the owner thereof,
cannot agree upon the same, either party may
apply to any justice of the peace of the W
ship where said taker up resides tor The APP
p0intment of three appraisers TO assess the
damages done, or reasonable compensation
for the taking up, keeping and feeding such
stock, and it shall be the duty Of the justice
of the peace to issue u notice to three disin-
terested househOlders OF the township to APP
pear at such place in said township as he may
designate, and assess the damages or compen-
satiOn as herein required.
SEC.3 3. The persons SO notified, or any two
Of them attending, shall take an oath that they
will fairly and impartially assess the damages
or compensation in controversy, and they
shall make out, sign and deliver to each par
ty, a written statement of their assessment of
damages or compensation, and upOn the pay
ment of the same and the expenses Of said
controversy, the OWNER Of such stock shall be
entitled to take the same away, and if refus-
ed, he may maintain an action therefor, as in
case Of wrongful taking or detention Of prop
erty. ; .Etr Sc
SEC. 4. The justice of the peace shall be al
lowed q fee Of fifty cents for issuing the no.
uce and swearing the appraisers, and the cun-
stabieFor person serving the notice shall be
allowed a fee. of thirty five cents for each ap-
pralser notified and three cents per mile US
mileage to and from the place of service, and
each appraiser shall be allowed q fee of fifty
cents, which shall be paid by the owner Of
such stock before he shall be entitled to take
such stock away; pre-. ided, hat il said ap-
praisers assess the amount of damages and
compensation for taking up, keeping and feed
ing SAID animal or animals, AT Il less amount
than the amount claimed by the taker up OH
the written statement deli, cred to the owner,
1t shall be the duty of the taker up of said an
imals 10 pay said. costs.
SEC. 3. 1t shall not be necessary for any
person to fence against any Of the species Of
domestic animals enumerated in this chapter,
and it shall be no defense to any action OF pro-
ceeding brought or had ,.thatsthe party taking
up such stock did not haveshis lands; inclosed
viii . t fence, but nothing 7~lereincon-
tanned shall be construed to lessen orinterfere
with the obligations of the several railroads
in this state to fence the right of way OF such
railroads, as is now provided by law.
SEC. u. Nothing. contained in this chapter
shall be. construed as to prevent owners or
other persons from driving any of the species
Of animals enumerated in this chapter from
one place to another, or along any public
highway, the owner or owners being respon-
slble for all damages that any person orper-
sons may sustain in consequence OF the drfv-
ing of such stock. E&e
SECT. The pro. isions of this chapter are
hereby suspended in the several counties In.
this state, until u majority of the legal voters
OF any county voting at any general or special
election called for that purpose, shall decide
to enforce the same in such county: provided,
that only a majority of the legal voters voting
on said question shall be necessary TO decided
its adoption or rejection.
Sec. 8. The county court of any county in
this state, upon the petition of one hundred
householders of such county, at Il general
election, aud may upon such petition of one
hundred householders, alta special election
called for that purpose, cause to be SUBJ
united to the qualified voters of the county,
the question of enforcing, in such county, the
provisions of this chapter. Said petitioners
shall state in their petition to said court, what
species Of the domestic animals enumerated
in section one of this chapter they desire the
provisions of this chapter enforced against,
and may include one or more of said animals
IN said petition, and said court shall cause no.
tlce to be given that such vote will be taken,
by publishing notice of the same in a news
paper published in such county, for three
ssssa s fSaff g It 1sa!ss sne lsse lasersson o.
Of such election, and by posting up printed
notices thereof at three Of the most public
places in each township in such county, at
least twenty days before said election: said
notices shall state what species of domestic
animals, on which the vote will be taken, to
enforce the provisions of this chapter against
running at large in such county, which shall
be the same as petitiOned for to said court.
SEC. .. There shall be written or printed
on each ballot voted at said election, either of
the following sentences: "For enforcing the
law restraining Qnsert the name of animals
in Petltlon) from running at large against
enforcing the law restraining (insert the name
OF animals in petitiOn)trom running at large"
Any such election, the voting thereat, making
returns thereof, and casting up the result,
shall be governed in all respects by the laws
applicable to general elections for state and
county purposes.
SEC. 10. If a majority OF the legal voters
voting for and against enforcing the provis-
ions OF this chapter shah vote at such cleo
ton, whether general or special, for enforc-
ing the law restraining the animals named in
the petition from running at large, the clerk
of the county court shall enter upon the court
records the result of said election, and file
the papers and returns thereof in his office,
and shall Immediately give notice of the result
Of said election by publishing the same in q
weekly newspaper published in said county,
II there be one, and by causing notice thereof
TO be posted up in at least three public places
in each township in the county; but If a ma
1orlty of the votes cast at any such election by
the legal voters voting for or against enforce
ing the law, are against enforcing the law re-
straihing the animals named in said petition
from running at large, no notice of the result
shall be given.
SEC. II. There being no general law re-
straining the domestic animals in this act
mentioned from running at large, creates an
emergency within the meaning of the con-
stitution; therefore, this act shall take effect
and be in force from and after its passage.
| ADOrOyed March u 1891