The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1885-04-21
THE kline.
Law Restraining Stock From Run.
ming at Large In Pettis County.

IOI TIC OnuCt VI any duiIlldi VI duf
mails, of the species of horse, mule
ass, cattle, swine, sheep or goats, In
this state, to permit the same to run
at large outside the enclosure of the
owner of such stock, and if any Of
the species Of domestic animals afore
said be found running at large out
side the Enclosures of the owner, il
shall be lawful for any person to re
strain the same forthwith, and such
person shall, within three days, give
notice thereof to the owner, if known,
in writing, stating therein the amount
of compensation for feeding and keep.
ing such animal or animals and dam.
ages claimed, and thereupon the own.
er shall pay the person taking up
! such animal or animals, reasonable
compensation for the taking up, keep
ing and feeding such animal or ami
mails, and shall also pay all persons
damaged by reason such animals run
ming at large. the actual damages
sustained by him or them. If the
owner of such stock be not known, or
if notified and fails 10 make compen-
sation for the taking up, feeding and
keeping of animals taken up under
the. provisions of this act, the same
shall be deemed to be strays, and
shall be dealt with in the same man
ner as required by law with respect to
taking up such property as strays un-
der the stray law.
SEC. 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 peace of the township
where said taker up resides for the APP
poiDtment of three appraisers to assess
he damages done, or reasonable COM
pensation for the taking up, keeping
and seeding such stock, and it shall
be the duty of the justice of the peace
to issue a notice to three disinterested
householders of the township TO ap-
pear at such place in said township as
he may designate, and assess the dam
ages or compensation as herein re-
quired.
Sec. 8. The persons so notified, or
any two of them attending, shall take
an oath that they will fairly and i'm
partially assess the damages or com.
pensation in controversy, and they
shall make out, sign and deliver to
each party, written statement of
their assessment of damages or COM
pensation, and upon the payment of
the same and the expenses of said con-
troversy, the owner of such stock shall
be entitled to take the same away,
and if refused. he may maintain an
action therefor. as in case of wrongful
taking or detention of property.
SEC. 4. The justice of the peace
shall be allowed a fee of fifty cents for
issuing the notice and swearing the
appraisers, and the constable or person
serving the notice shall be allowed a
fee of thirty-fve cents for each ap-
praiser notified and three cents per
mile as mileage to and from the place
of service, and each appraiser shall be
allowed a fee of fifty cents, which
shall be paid by the owner of such
stock before he shall be entitled to
take such stock away provided, that
if said appraisers assess the amount OF
damages and compensation for taking
up, keeping and feeding said animal
or animals, at a less amount than the
amount claimed by the taker up on
the written statement delivered to the
owner, it shall be the duty of the taker
up of said animals to pay said costs.
SEC. 5. It shall not be necessary
for any person to fence against any of
the species of domestic animals emu
merated in this chapter, and it shall
be no defense to any action or pro-
ceeding brought or had, that the party
taking up such stock did not have his
lands inclosed with lawful fence, but
nothing herein contained shall be con-
strued to lesson or interfere 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. 6. Nothing contained in this
chapter shall be construed as to pre-
vent owners or other persons from
driving any of the species of animals
in this chapter from one
place to another, or along any public
highway, the owner or owners being
responsible for all damages that any
person or persons may sustain in con-
sequence of the driving of such stock.
Father II
Your poor wesried wife losing sleep