The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-23

liable TO the 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
enjoined in this act.
CoNEIsCATING CATTLE.
Sec 3. Whenever the Live Stock San
itary commission shall determine that
certain cattle within the state are capa-
bic OF communicating, or are liable to i'm
port Texas spleuic or Spanish foyer, 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-
latioD as th0y 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-
vidod, however, that before any cattle
so held shall be delivered az aforesaid,
there shall be paid said live stock sani-
tary commission all the costs aud OK
penses Of taking, OBTAINING and hold
ing SAID cattle and in case
such costs and expenses are
not so paid within ten DAVIS
after the said first day OF DECEMBER,
the said officer shall advertise in the
same manner as is by law provided in
cases Of sales of personal property, that
no VIII 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-
ceivea in excess Of the legal fees and ex-
peDses OF such officer. Any officer per-
forming any of the duties enjoined in
| This gnniinn or in tl,n .Nra,n1 10.
section OF this act, shall receive the
Same compensation therefor as Is pre-
scribed by law for similar services, to
DO paid as other expense Of said Live
Stock Sanitary commission are paid, as
provided by law.
PENALTY FOR VIOLATION.
Seed. Any person or persons yiolat-
ing any Of the provisions of this act
shall be Liable to any party injured, and
the injured shall have lien for such
damages on the cattle so cOmmunicat-
ing the disease.
Sec. o. In the trial Of any person
charged with tho violation of any of the
provisions of this act, proof that the
cattle which such person is charged
with driving or keeping in violation oil
law, were brought into this state be-
tween the LIST day of March and the Isl
day Of December, Of the year IN which
the offence was committed from south
OF the 9th parallel of north
latitude, shall be taken rs
prima facie evidence that such cattle
was capable of communicating and
liable TO tmpart Texas splenic or Span
lsh 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
| y ear west of the east line Of tho Indian
Territory ana north parallel $50 feet,
north latitude, or west of the Dist mort
dian Of longitude west from Washing
ton, and north Of the 3tth parallel Of
north latitude.
The provisions Of this section pro-
Yided 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 general roundup and returned un
der the direction Of any live stock nssO-
citation Of this state.
JOINT LIABILITY.
Sec. g. Whenever two or more per-
sons shall, in violation of this act at the
time, or ut different times during the
same year, drive or cause 10 DO driven
upon The same highway, range, common
or pasture within this state, and cattle
capable of communicating or liable
TO impart Texas splenlc or Spanish
fever, they shall be jointly aud sever
ally liable for any damages that may
arise from the communication of such
disease nc any tim0 thereafter during
the same year 10 any native, domestic
or acclmMra /. TO ''qt shall have bean
pasture 50 previously Travelled bv sucb
first mentioned cattle.
Sec. 10. This act shall take effect
from and after its first publication in
the official state paoer.