Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1885-10-23
An ACT
TO RESTRAIN DOMESTIC ANIMALS FROM
RUNNING AT LARGE.

owner of any animal or animals, of the
species of horse, mule. ass, cattle,
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 aforesaid be found running at
large outside the in closure of the own
er, 1t shall be lawful for any person to
restrain the same forthwith, and such
person shall, within three days, give
n Office thereof to the owner, If known,
in writing, stating therein the amount
of comp ensatlon for feeding and keep.
ing the animal or animals, and damag-
es claimed and thereupon the owner
shall pay the person taking up such
animal or animals, reasonable COM
pensatlon for the taking up, keeping
and feeding such animals, and shall
also pay al! persons damaged by rea-
son of such animals running at large,
the actual damages sustained by 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 animals
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 proper
ty as strays under the stray law.
SEC ?. If the owners 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 town.
ship where said taker up resides for
the appointment of three appraisers to
assess the damages done, or reasona-
BILE compensation for the taking up,
keeping and feeding such stock, and it
shall be the duty of the justice of the
peace to issue a notice to three disin.
terested householders of the the town.
ship to appear at SUCH place in said
township as he NAV designate, and
assess the damage or compensation as
hrein required.
SEC. 5. The persons SO notified, OF
any two of them attending shall take
an oath that they will fairly and Impair
tlally assess the damages or ccmpen,
sation in controversy and they shall
make out, sign and deliver to each
party, a written statement of their
assessment of damages or compensa-
ton, and upon the payment of the
same and the expenses of said contro-
versy, the owners of such stock shall
be entitled 20 take the same away. and
ifrefused, he may maintain an action
therefor, as IN case of wrongful taking
or detention ofproperty.
SEC 4. The justice OF the peace
shall be allowed fee of fifty cents for
issuing the notice and swearing the ap-
pralsers. and the constable or person
serving the notice shall be allowed a
fee of thirty-five cents for each apprsis-
er, and the constable OF person serv-
ing the notice shall be allowed fee
OF thlrty-five cents for each appraiser
notified, and three cents per mile as
mileage to and from the place of SER
vice, and each appraiser shall be al
lowed 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 dam.
ages and compensation for taker up,
keeping and feeding SAID animal or
animals. at less amount than the
amount claimed by 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 cost.
SEC. 5. 1t shall not be necessary for
any person to fence against any of the
species of domestic animals enumerat.
ed IN this chapter, and it shall be no
defence to any action or proceeding
brought or had, that the party taking
up such stock did not have his lands
mel osed with lawful fence. but moth.
ing herein contained shall be constru.
ed 10 lessen or interfere with the obi.
cations of the several railroads, in this
State to fence the right of wav 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
enumerated in this chapter from one
place to another, or along any public
highway, the owner or owners being
responsible ior all damages that any
person or persons may sustain in con-
sequence of the driving of such stock