Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1884-04-18
Herd Law

S T47. Liability for trespass of ami
mals.] Any person owning, or having
in his or their charge, or possessions,
any horses, mules, cattle, goats, sheep,
or swine, or any such animals. which
shall trespass upon any cultivated land,
cultivated Or uncultivated meadow
lands, or young timber, either fenced or
not fenced, belonging to any person or
persons other than the owners of such
animals, such person or persons owning
OF having in charge or possession such
trespassing animal or animals, shall be
liable to any party OF. parties sus-
tanning such injury for all
damages he, She, or they may
have sustained by reason Of such tres
passing aforesaid, to be recovered in
civil action, before any court having
jurisdiction thereof, in the county
where such damage may have occurred,
and the proceedings shall be the same
in all respects as in ether civil actions,
except as herein modified; Provided,
That no property shall be exempt, e1-
cept those exemptions made absolute,
from seizure and safe under executions
issued Upon Judgments obtained under
or by virtue Of this chapter.
S 748. Owner defined.] Any person
occupying or c%ultiyating lands shall be
considered the owner thereof in any &C
ton under the provisions of the last
section.
S 749. Notice of damages.l The
parties sustaining damage done by am
finals as mentioned in Section 747, before
commencing an action thereon, shall
notify the owner or person having in
charge such offending animal or ami
mails, of such damage, the probable
amount thereof; Provided He knows
to whom such animal or animals be-
long.
S $50. Custody of amin als.l The
person suffering damage done by ami
mails, s mentioned in section 747, may
retain and keep in custody such offend
ing animals until the damage and costs
are paid, or until good and sufficient Sc
curity be given for the same; and when
ever any animal or animals are
restrained under this chapter, the per
son restraining the same shall forth
with notify the owner or person in
whose custody the same was at the
time the trespass was committed, OF
the seizure Of said animals, providing
the owner or person who had the same
in charge is known to the person maxi
ing said seizure.
ISL. Trial-lien upon animals
Upon trial of an action under the pro
visions Of section TAI, of this CHAPTER,
the plaintiff shall prove the amonnt OF
damage sustained, and if he has re
tanned and kept in custody the animals
committing such damage, the amount
Of expense incurred for keeping the OF
Tending animals, and any Judgment
rendered for damages, costs AID eXpen-
SEES against the defendant shall heallen
upon the animals committing the dam
age, and they may be colo, and the pro
ceeds applied to the satisfaction OF the
: Judgment, as in other cases OF SAFE o.
personal property on execution; u i
/, it shall appear upon the trial hat nc
damage was sustained, judgment shal
, be rendered against the p1aint.et 10!
cost Of suit, and damage sustained y.
: defendant. -
; 752. Unknown o~Ynec-seryice.
IF upon trial it appears that the de1end
!, ant is not the owner or persoEfn charg'
of such offending animals he shan y
, discharged and the action and the SUI
may proceed as against q detehoan