The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-02-26
PROTECTING CATTLE.

! Kansas Legislators Legislnting to Pre-
vent Diseases, Provisions OF tho Act,
aud Penalties for Not Conforming
| Herewith.
TOPEKA, Kss,, Feb. 1.-THE follow.
| ing bill of special interest TO all parties
connected with the cattle interest OF
the southwest passed tho house:
An act for the protection of cattle
against Texas splonic or Spanishiever,
aud ropealing chapter three of the laws
of 1854.
BE II enacted by the legislature OF the
/ state uI Kansas.
! Section !. No person or persons
| shall between tao first day
OF March and the first day
/ OF December Of any year drive
or cause to be driven into or through
any county or part thereof In this
state or turn upon or cause to
he turned or kept upon anv highway,
range, common or uuinclosed pasture
within this stale any cattle capable of
communicating or liable to impart
what is known rs Texas splenlc or
| Spanish fever. Any person violating
any provision of this act shall, upon
conviction thereof, be adiudped guilty
| OF mi.demeanor, and snail for each
otlinso he fined not less than $lp, and
not more Than $1,000, or else impris-
Dned III the county jail not less than
! thirty days and not more shan ons
year, or by both su h fine and impris'
/ Unmcnt.
See, .. 1t shall be the duty OF any
sheriff, uuder sheriff, deputy sheriff, or
constable Within this state upon "A com
plainJ made 10 him by any citizen of
| The state otherwise having no.
tice, or knowledge that tn, re
are within the county where such otli-
Ger resides, cattle believed to be capable
Of communicating, or liable to impart
| tho disease known rs Texas splenic, or
| Spanish fever, to forthwith take charge
of, and restrain such cattle under CHI
temporary quarantine regulations rs
will prevent the communication Of
such disease, aud make Immediate re-
port thereof to the Live Stock Sanitary
commission, and such officers shall
keep said cattle in custody, aforesaid,
until released by order of said Live
Stock Sanitary commission. No officer
who shall take or detaiu any cattle un-
der the provisions of this act shall be
| liable to he owner or owners of such
cattle for any damage done by reason OF
such taking or detention or by reason
of the performance of any other duty
enjOinel in this act.
CoNFIsChTINd CATTLE.
Sec. 8. Whonsvcr the Live Stock San
itary commission shall determine that
certain cattle within tho state are capa-
bic OF communicating, or are liable to i'm
! port Texas spenic or Spanish fever, they
shall issue their order TO the sheriff, or
any constable of the county into which
said cattle are found commanding him
To take and keep such cattle in his Gus
! tody, subject to such quarantine regu-
lation as they may prescribe, until the
| first day of December next ensuing, on
which date they shall direct such officer
| to deliver said cattle TO their over or
owners, or TO his or their agents; pro-
vided, however that before any cattle
80 held shall be delivered as aforesaid,
there shall he paid said live stock sani-
tary commission all the costs and ex-
penses of taking, OBTAINING and hold
ing SAID cattle and in case
such costs and expenses are
not so paid within ten days
after the said first day OF Decemcer,
the said officer shall advertise in the
same manner as is by law provided in
cases Of sales of personal property, that
he Will sell such cattle or such portion
thereof as may be necessary to pay such
costs and expenses of said sale, and shall
| forthwith pay over to the Live Stock
Sanitary commiss on any amount so re-
ceives in excess of the legal fees and ex-
penses of such officer. Any officer per-
| forming any of the duties enjoined in
| section of this act, shall receive the
same improvisation therefor as is pre-
scribed by law for similar services, to
be paid rs other expense of said Live
Stock Sanitary commission are paid, as
provided by law.
rENALTY FOR VIOLATION.
| Sec, 4. Any person or persons violat-
| ing any of the provisions of this act
shall be- liable to any party injured, and
the injured shall have a lien for such
damages on the cattle so communicat-
ing the disease.
Sec. 5. In the trial of any person
charged with the violation OF any of the
provisions of this act, proof that the
| cattle which such person is charged
| with driving or Keeping in violation of
law, were brought into this state be-
| tween the LIST day of March and the LIST
day of December, OF the year In winch
the offence was committed from south
OF the 37th parallel OF north
latitude, shall be taken as
prima facie evidence that such cattle
was capable of communicating and
liable to impart Texas splenic or Span
| ish fever within the meaning of this act,
provided, however, that If the driver or
owner or person in charge OF such shall
show by such certificate or certificates,
as shall be designated by the Live Stock
| Sanitary Commission, Of this state, that
| the said cattle had been kept since the
! first day of December OF the previous
| ear west of the east line of the Indian
| Territory and north parallel 800 feet,
| north latitude, or west Of the 2lst meri-
dian of longitude west from Washing
ton, and north of the 3ith parallel OF
north latitude.
The provisions of this section pro-
vided also that the provisions of this
section shall not apply to cattle which
are owned or kept in the state, and
which may drift across the south line OF
the state, when said cattle are gathered
in a general roundup and returned un
der the direction of any live stock asso-
citation Of this state.
JOINT LIABILITY.
Sec. 6. Whenever TWO or more per-
sons shall, in violation of this act at the
time. or at different times during tn"
same year, drive or cause to be driven
upon the same highway, range, comm n
or pasture within this state, ana cattle
capable of communicating or liable
10 impart Texas splenic or Spanish
fever, they shall be jointly and sever
ally liable for any damages that may
arise from the communication OF such
disease at any time thereafter during
the same year to any native, domestic
or acclim ated cattle that shall have been
upon same highway, range, corntaon or
pasture So previously Travelled 10y sucn
first mentioned cattle.
See. ~. This act shall take effect
from and after its first publication III