Mississippi leader. (Jackson, Miss.) 1892-1895, 1892-04-14
STOCK AND FARM LAW.
tChapter-of Annotated Code, 1892.
STOCK AND FENCES.
WHAT A LAWFUL FENCE.


WHAT A LAWFUL FENCE.
SEC. /. All fences five feet high, in
good repair, and substantially and
closely built with rails. planks, pick.
cts, hedges or other substantial mate
rial, or with wires, or wires and
plauks, are lawful fences and lawful
fences may he made by raising tn,
ground into ridge and erecting there.
on a fence, of rails, planks, pickets
hedges, wires or planks, and wires OIL
other substantial material, so that the
ridge and fence together be five feet
high.
BOARDS OF SUPERVISORS MAY PRE-.
SCRIBE LAWFUL FENCE.
2. The board of supervisors ha:
authority, however, to prescribe what
other fence shall be n lawful fence
and what natural boundaries shall be
considered as lawful fence, within
the county.
TREsPAssEs BY STOCK THROUGH LAW
Full FENCE OR IN COMMON EN-
CLOSURE.
3. Every owner of cattle, horses
mules, hogs, sheep, jacks, jennets, or
goats, shall he liable in damages fOl
all injuries and trespasses, committed
by such animals, by breaking into the
enclosure or grounds of another, en-
closed by lawful fence, or running
at large in common enclosure, with
in which more than one person are
cultivating land, without the consent
of all such persons; and the person
injured.shall have lien on the ami
NAL trespassing for the damages.
BREAKING INTO CULTIVATED ENCLos-
4. The damage for breaking by ami
mails into n cultivated enclosure, OF
running at large in n common enclos.
ure, shall not be less than fifty cents
for each of the horse or COW or hog
kind, and twenty-five cents for each
of the other kinds of stock and fpi
every succeeding offence, after the
owner has been notified of the first
trespass or injury, double damages
shall be recovered, with costs.
BREAKING INTO UNCULTIvATED EN-
CLOSURE.
5. For breaking into pasture OF
waste ground, double damages shall
not be recoverable, and the damages
in such cases may be assessed as low
as forty cents, for each of the horse oil
COW kind, and twenty cents for each
of the others.
ANIMALS TREspAssING TAKEN UP.
6. Any, horse, mare, mule, OK, bull
lock, COW, jack, jennet, sheep, goat, OF
hog, may be taken and confined by
any person into whose enclosure or
ground such animal may have broken
through a lawful fence, or which may
be found on the part cultivated by any
one, under n common enclosure, such
person not having consented for such
animal to run at large in the enclos-
ure.
ANIMAL CARED FOR PENALTY ON OWNER
7. The animal, when taken and con
fined, shall be fed and watered, and
the owner shall pay to the person who
has taken up and cared for it twenty
five cents day for the time it may
be so kept, which charge shall be a
lien on the animal, and shall be paid
before it is taken away; but the charge
for taking up any number of the same
kind of stock, belonging to the same
person, shall not exceed two dollars
aud half.
DAYS.
s. The owner, or person entitled to
the custody of the animal, shall be
promptly notified of such detention
and he shall pay the charges and take
the animal away, within two days af-
ter notice.
HOW LIEN ENFORCED.
8. The person taking up an animal
trespassing, after two days, may begin
his action to recover damages and
charges, and to enforce his lien, by
filing bill of particulars of his dam
ages, together with a description OF
the animal on which the lien is claim.
ed, with justice of the peace, If his
claim do not exceed two hundred dol
lars and the justice shall issue a sum-
mon for the owner, or q person emit
tied to the custody, returnable instant
err, at such place as he shall designate,
and if the animal be not in custody OF
the plaintiff, the justice may issue a
writ commanding the officer to sieze
the animal. The summons being exc
cuted and returned, the justice shall
proceed as in other suits. If the JUS
tice find in favor of the plaintiff, he
will assess the damages and charges,
and enter judgment accordingly, and
direct the animal to he sold to satisfy
the judgment; and if the animal be
not in custody of the plaintiff or off
Ger, the order for sale may embrace a
command to levy upon it.
APPEAL TO THE CIRCUIT COURT.
10. The party against whom .judg-
ment may be given in such case may
appeal to the circuit court, as in other
cases.
CASE BROUGHT IN CIRCUIT COURT, If OVER
TWO HUNDRED DOLLARS CLAIMED.
IL. If any amount claimed for the
damages by animals trespassing ex-
1n1 hn lns.