Weekly graphic. [volume] (Kirksville, Adair Co., Missouri) 1880-1949, 1885-09-11
Restraining Stock.

Many voters who cast their ballots
agains restraining the hog would now
vote for a general stock law at the
earliest opportunity. Below we give
the statutes relating thereto.
Be IT ENACTED by the General Assem-
bly, of the State of Missouri. as fol-
lows:
SECTION I. 1t shall be unlawful
OIL the owner of any animal or animals,
of the species of horse, mule, ass, cat
tie, 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 inclosure
Of the owner, it shall be lawful for any
person to restrain the same forthwith,
and such persons shall, within three
days, give notice thereof to the owner,
if known, in writing, stating therein the
amount of compensation for feeding
and keeping such animal or animals,
and demages claimed, and there upon
the owner shall pay the person taking
up such animal or animals, a reason
able compensation for the taking up,
keeping and feeding such animal or
animals, and shall also pay all persons
damaged by reason OF such ANIMALS
running at large. the actual damages
sustained by hina or them, If the
owner of such stock be not known, or
if notified and fails to make compensa-
ton for the taking up feeding and keep
ing 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 manner as re.
quired by law with respect to taking
up such property as, strays under the
stray law.
SEC. 2. If the owner of such
stock SO restrained and the taker up,
or the person damaged by such stock
stock and the owner thereof, cannot
agree upon the same. either party may
apply to anv justice of the peace ofthe
township where said taker up reside!
for the appointment of three appraiser!
to assess the damages done, or reason
able compensation for the taking up
keeping and feeding such stock, and
shall be the duty OF the justice of tn,
peace to issue notice to three disln
terested house holders of the township
to appear at such place in said town
ship as he may designate, and asses
the damages or compensation as here
in required.
SEC. 5. The persons SO notified, O
any two of them attending; shall TAXI
an oath that they will fairly and impair
italy assess the damage or compensa
ton in controversy, and they shal
make out. sign and deliver to eacl
party, awritten statement of their as
sessment of damages or compensation
and upon the payment of the same
and the expenses of said controversy
the owner of such stock shall be enti-
tied to take the same away, and if re
fused. he may MAINTAIN an actor
therefor, as in case of wrongful takin,
or detention ofproperty.
SEC. 4. The justice of the peac,
shall be allowed a fee of fifty cents fo
issuing the notice and swearin,
the appraisers and the constable o
person serving the notice shall be al
lowed fee of thirty-five cents for eacl
appraiser notified and three cents pc
mile as mileage to and from the plac
of service, and each appraiser shall b.
allowed fee OF fifty cents, which shaI
be paid by the owner of such stocl
before he shall be entitled to tax
such stock away; provided that if sal,
appraisers assess the amount of dam
ages and compensation for takirg up
keeping and feeding said animal o
animals, at less amount claimed b
the taker up on the written statemen
delivered to the owner, it shall be tn,
duty of the taker up of said animals t,
pay said costs.
SEC. 5 1t shall not be necessary fo
any person to ieace against any of tn
species of domestic animals enumer
ated in this chapter, and it shall be nj
defence to any action or proceeding
! brought or had. that tie party takinl
up such stock did not have his land
inclosed with a lawful fence, but no
thing herein contained shall be cou
strued to lessen or interfere with tn
obligations ofthe several railroads G
} this state to fence the right of way il
such railroads, as is now provided b
law.
SEe