Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1885-11-06
An ACT.
TO RESTRAIN DOMESTIC ANIMALS FROM
RUNNING AT LARGE.

RUNNING AT LARGE.
Be ienaeted BY he General assembly Of
he STATE Of Misson,i as tolloms:
SECTION 1. 1t shall be unlawful for
the owner Of any animal or animals, of
the species Of horses, mule, swine,
sheep or goats, in this state, to permit
the same to run at large outside the
inclosure Of the owner of such stock,
and if any OF the species of domestic
animals aforesaid be found running at
large outside the Enclosures of the
owner, it shall be lawful fol any person
to restrain the same forthwith, and
such person shall, within three days,
give notice thereof 10 the owner. If
known, in writing stating therein the
amount of compensation for feeding
and keeping the animal or animals,
and damage claimed and thereupon
the owner shall pay the person taking
up such animal or animals, a reason.
able compensation for the taking up.
keeping and feeding such animals, and
shall also pay all persons damaged by
reason of such animals running at
large, the actual damages sustained
him or them. If 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 act, the same shall be dealt with
in the same manner as required by
law with respect to taking up such
property as strays under the stray
law.
Sac. 2. If the owner of such stock so
restrained and the taker up or the
person damaged by such stock and the
owner thereof, cannot agree upon the
same, either party may apply to any
justice of the peace OF the township
where said taker mp resides for the
appointment of three appraisers to
assess the damages done, or reason
able compensation for the taking up,
keeping and feeding such stock, and i,
shall be the duty of the justice of the
peace to issue.,a notice to three disintel
ested householders of the township as
he may designate; and assess the
damage, or compensat on as herein
required.
Sec. 3. The persons so notified. Oh
any two of them attending shall take
an oath that they will fairly and i'm
partially assess the damages or com
pensatlon in controversy, and thel
shall make out, sign and deliver tt
eacn party, written statement o
their assessment OF damages or com
pensation, and upon the payment 0
the same and the expenses of salt
: controversy, the owner of such stool
shall be entitled to take the sam
! away, and if refused, he may main
: tain an action therefor, as in case c
!, wrongful taking or detention of pro
= perty.
t Sec. 4. The justice of the peac
4 shall be allowed fee of fifty cents fc
S issuing the notice and swearing tn
o appraisers, and the constable or pei
r son serving the notice shall be Above
o a fee of thirty-f Gems for each al
i praiser notified, and three cents pr
: mile as mileage to and from the plac
IS of service, and each appraiser shall /
Y allowed fee of fifty cents. which sha
It be paid by the owner of such stoc
It before he shall be entitled to tai
IS such stock away, provided that if sal
J. appraisers assess the amount of dan
l. ages and compensation for taker u
y keeping and feeding said animal
h. animals. at a less amount than Il
lie amount claimed by the taker up {
a the written statement delivered to Il
" owner it shall be the duty of the tax
a. up of said animals to pay the sa
lie cost
N SEC. s. 1t shall not be necessary f
e. any person to fence against any of Il
rs species of domestic animals enumers
ly ed in this chapter, and 1t shall be i
to defence to any action or proceedil
fly brought or had, that the party takil
"a up such stock did not have his Ian
enclosed with lawful fence, but not
ing herein contained shall be constr
ed to lessen or interfere with the OBJ
cations of the several railroads, in II
state to fence the right of way of SUI
10 railroads, as is now provided by Il
- law.
If Sec. 6. Nothing contained in Il
~ chapter shall be constructed as to pr
- vent owners or other persons fro
:. driving any of the species of animi
al enumerated IN this chapter from o
I'm place to another, or along any pub
VI highway, the owner or owners bel
~ responsible for all damages that a
q person or persons may sustain in &C
~, sequence Of the driving of such sto,
he SEC. 7. The provisions Of this cha
II ter is hereby suspended il the seve
ne counties in the state until majority
,ss the legal voters of any county voti
ed at any general or special election c;
nc ed for that purpose, shall decide to {
a,s force the same in such county: p
he vided the legal voters voting on S;
AN question shall be necessary to dec