West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1895-12-19
THE STOCK LAW.

law IN regard TO stock running at
large as taken from chapter GO OF
the Code of West Virginia
That it shall be unlawful for any
cattle, mules. horses, sheep, hogs,
goats or geese. to run at large. and
should such stock, while running
at large, destroy or injure the prop
erty of another, the owner of such
stock, shall pay to the party whose
property may be injured or destroy
ed, the amount Of damages sustain
ed by him, by reason Of such de-
struction or injury. And the party
so injured, may, IL he find such
stock on his premises, retain them
or sufficient number thereof, un.
til the said damages, aud costs OF
keeping, be paid.
1t shall be the duty Of the person
retaining such stock, to immediate-
ly notify the owner thereof, If be be
found within the county, of the in
jury or destruction of such proper
ty, and the detention Of his stock,
and the amount of damages he has
sustained thereby, and the cost of
keeping the same, and if the said
damages and cost be not paid, it
shall be the duty of the person de.
tanning the stock, TO forthwith ad-
vertise it for sale, by posting at
least three notices, at three public
places in the neighborhood; in
which notice shall be stated, the
time, terms and place of sale, TO
gether with a description of the
property to be sold, for which no
tees he shall be allowed twenty
five cents each, to be paid by the
owner Of said stock. After having
posted the notices as aforesaid, for
a period of ten days, it shall be law
full for the party so injured, to sell
said stock for cash, TO the highest
bidder, unless the damages and
costs aforesaid, be sooner paid; the
proceeds whereof, after deducting
the amount OF damages and costs
aforesaid, shall be paid over to the
owner of said stock, If he shall make
application therefor, within six
months after said sale, and if no
such application be made within
the said six months, the said resi-
due shall be paid into the hands Of
the sheriff, for the benefit of the
free schools, of the district wherein
such sale takes place; and the per-
son paying over said money, shall
take from said sheriff duplicate re-
ceipts therefor, one of which he
shall retain, and the other shall be
delivered to the clerk o. the county
court, to be filed IN his office.
If any person whose property be
injured or destroyed by such stock,
shall demand and receive more than
Il reasonable and fair compensation
from the owner thereof, for such
injury, destruction or keeping, the
owner Of the said stock NAV recover
the excess so paid, from the person
demanding and receiving the same,
before any tribunal having iuris-
dictien thereof. The provisions of
this act shall not be enforced, in
any county or district in this State,
until it be adopted by a majority
of the votes, cast by the voters in
such county or district, at an
election, AT which the question shall
be submitted for their adoption or
rejection.
1t shall be the duty of the county
court of any county, upon the pc
tition Of fifty voters of any district,
therein, 10 submit to a vote of suoh
district, at general or school cleo
ton. the question Of enforcing this
act in said district. At such cleo
ton, those voting for the enforce
ment thereof, shall have written or
printed OIL their ballots, "For stock
law;" and those voting against the
enforcement thereof, shall have
written or printed on their ballots,
against stock law" If MAORI
ty of the votes cast be for stock
law this act shall be in force in SAID
district, from the date of said cleo.
ton.
AS the above law was submitted
to vote in Valley district at the
last election and ratified by vote
Of 1876 for to rs against it, it is in
full force and effect and has been
since the said election, Noyem Der
9Th, 1894.