The clarion. [volume] (Jackson, Miss.) 1883-1888, 1884-04-09

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n mAsdemeanor, and, upon conviction.
= oe punished as now provided BY laN -
'e misdemeanors
n SEC. 3. Be il further enacted, That II any
person by riding or driving upon the lands
" Of another within the stock law territory
E, mentioned above, without permission, or
., while driving live stock along any road
z way, puohe or private, shall Willfully or
q recklessly do or permit to be done any
< actual injury 70 said land or TO the crops
! or other property growing or being thereon.
b he shall be guilty Of = misdemeanor and
q also be liable in a civil action for all such
e damage; but no such offender or person
J, shall be proceeded against criminally un-
/ less the party injured or some one in his
I behalf shall cause an Indictment to be
, found or a warrant 10 be issued against
) the party offending within fifteen days after
: the commission Of the ohense
SEC. 4. Be it further enacted, That any
; person may take up any live stock running
: at large within the territory wherein the
! stock law shall be enforced and impound
the same; and such impounder NAV de-
msnd fifty cents for each animal so taken
up, and twenty-five. cents for each animal
for every day such stock is kept impounded,
and may retain the same with the right TO
use il under proper care until all legal
charges for impounding said stock and for
damages caused BY the same are paid; said
damages to be ascertained by two disinter-
ested free holders to be selected by the
owner and the said impounder, said free
holders to select an umpire if they cannot
| agree, and their decision TO be final. But
should the owner of such stock refuse 10
submit the said matters to arbitration as
herein provided, then such impounder may
proceed by writ OF seizure and sale before
| ~ .tfrDnfN
as the one or other of these courts may
have jurisdiction, and assert his claim by
a suit regularly proceeded in, as other
suits for claims and damages are instituted,
in which case, the owner shall be entitled
to possession upon giving bond as provided,
for defendants in repleyin and judgment
shall be rendered on said bond, as is pro-
vided for by law for judgments on bonds Of
defendants in replevin; provided, that said
causes shall always be heard and deter
mined at the appearance term thereof un.
less good cause be shown for continuance.
SEC ). Be il further enacted, That II the
owner of such stock be known TO said inn
FOUNDER he shall Immediately inform such
owner where his stock is held, and il said
owner shall for two days after such notice
willfully refuse or neglect TO redeem his
stock, then the impounder, after ten days
written notice, posted at three or more pub
lie places within the territory in which the
stock law is enforced describing the said
stock and stating place, day and hour OF
sale or il the owner be unknown alter
twenty days notice in the same manner and
also at the courthouse door, shall sell the
stock at public auction and apply the pro.
ceeds IN accordance with the preceding and
succeeding sections, and the balance he
shall turn over to the owner, II known ana
if the owner be not known, to the county
treasurer for the use OF the school fund 0f
Inc district or territory wherein said stock
was taken up, subject in his hands for six
months to the call of the owner.
SEC. G. Be it further enacted, That any
impounder willfully misappropriating
money that he may receive under this act
,r in any manner willfully violating any
If its provisions shall be guilty OF mis-
lemeanor, and any person violating tins
.ot or any provision thereof shall be guilty
4 a misiemeanor, and on conviction may
,e punished as now provided by law.
SEC. z Be il further enacted, That any
,erson unlawfully receiving or releasing
my impounded stock, or unlaWiully at
empting to do so, or willfully tearing down
r breaking fence or gate or leaving
pen a gate erected around the stock law
erritory. or willfully breaking any enclos-
lw is in force and wherein any stock is
onfined, so that the same may escape
lerefrom, shall be guilty Of misde-
leanor.
SEC. 8. BE Il further enacted, That the
ord stock in this act shall be construed TO
lean. horses, mules, colts, asses, jennets,
leep, goats and all cattle and swine
SIC. 8. Be it further enacted, That the
rovisions of this act shall be imperative
ntil ratified by a majority OF the qualified
Iectors living in the territory described
bove, and there shall be held at the sew
raj voting precincts in the above described
,rritory in Tate county, a special election
n the third Tuesday Of August next to
etermine this question. The commission
RS of election Of Tate county shall proceed
} hold said election, as in case of any
ther election in the county under the ex-
sting laws except that the inspectors shall
OF be all Of the same opinion on the said
.ock question, provided, suitable persons
differing opinions can be found, and the
eturns from the several voting precincts
/ said election shall be made 10 the board
supervisors of Tate county, instead Of TO
he Secretary of State and the board OF
Iperyisors shall meet the day after said
lection for the purpose OF receiving and
anvassing said returns. The inspectors
nd clerks of said special election shall
OF be entitled to any compensation Tor
,eir services. Those fayoring the ratif-
,tion of this act, will vote n ballot, with
stock law written or printed thereon;
lose opposed to its ratification will vote
ballot with Hno stock law" thereon.
SEC. TO- BE it further enacted. That II
shall appear from the returns OF such
,ocial election made TO the board of SUI
,rvisors that majority of the legal voters
said election have voted in favor Of the
took law the board shall so declare,
Id shall make an order TO that effect on
cir minutes.
SEC. IL. BE it further enacted, That il
majority of the votes cast at said election
for astock law" then from and after
arch the lst, 1885, all persons residing
the territory above described be and
ey are hereby required to keep their
We stock of every description as herein
fore mentioned, securely confined within
under the pains and penalties
.reinbefore provided.
SEC. IL. Be it further enacted, That il
e result of said election be in favor Of
'stock law" the board OF supervisors
said county, shall order the eonstruc-
On by March the 1st, 1885, OF a lawful
nee with suitable and substantial gates
ross all public highways, separating
e territory as nearly on the dividing
ne thereof as may be found practicable
Id shall contract for letting out and
,eping in repair the said gates and
nee in the same manner as any other
lblic work is required 10 be let out,
king from the contractor or contractors
,nds with approved security payable 20
e board Of supervisors in a sufficient
.nalty conditioned for the faithful per-
rmance Of said work. Said bond may
put in suit by any party interested,
the name Of the board of supervisors
r the use Of the party suing, or by the
,ard Of supervisors themselves.
SEC. I3. Be it further enacted, That il
e owner Of any land shall object TO the
hiding Of any fence by this act allowed
required, his land not exceeding twenty
ct in width shall be condemned for the
nee way az land is condemned for road
irposes, under the laws Of this State
ade and provided for such cases.
SEC. IA. BE il further enacted, That the
,ard of supervisors shall have author
= ,,ad power to direct that the fence
rein b1esided for. shall be constructed
wire or partly Ut wire, and partly OF
ank, or Of rails as in its discretion it
ay determine will be the cheapest and
.st mode, and this discretion may be
,ercised in regard to the entire line OF
i'd fence, or TO any part or parts there
and the contract for the erection Of
id fence, and gates may be let ont by
g board of supervisors under one con-
act or in divisions or subdivisions At
e discretion of said board Of supervi-
rs.
SEC. Is. Be il further enacted, That for
e purpose Of bnilding the stock law
noes and gates which may be necessary
lder this act, the board Of supervisors
the same time that it levies a tax for
~ other county purpose or al any other
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