The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-06-17
WHAT TO DO WITH LOOSE CATTLE
The Owner Responsible for All
Damage Done by Them.

Damage Done by Them.
There are some people in Chatham
county who seem to be unaware that
the no fence law is in force at least so
it would appear from the fact that they
still permit their stock to run at large
Perhaps If they thoroughly understood
they were. liable for all the damage done
by such loose cattle there would be less
Of them wandering around and into fields
where they do not belong.
In addition to any damage done to
crops or lands by loose cattle. the own
ers of such cattle are liable for poundage
and other expenses in connection with
taking up such stock. 1t would be a
good idea for those who have cattle that
are liable to go astray to post themselves
on the law, especially If they want 10
avoid any expense in connection with
them. The Morning News publishes here
with the law on the subject that Is now
of force in the country.
Since the adoption Of the no fence law
the acreage of planted lands IN the
country has doubled and every year
VIII no doubt bring a further increase.
All of the smaller farmers are not yet
convinced that it is safe to plant with
out fencing, but as they become familiar
with the laws which operate for their
protection they will go into farming to
a greater extent every year. When IA
miliar with the law they will know how
to proceed in case their lands are in
vaded by loose cattle. The sections OF
the code governing this matter in coun-
ties where the no fence law Is in force
are as follows:
Section 1850. Animals shall be confined.
No horse, mule, COW, hog or any other
animal or animals, used or fit either for
food or labor, shall be permitted to run
at large beyond the limits of the lands
of its owner or manager.
Section 1851. Animals impounded, when
II any of the animals enumerated in the
foregoing section shall commit any tres
pass or damage or shall be found going
at large on the premises of any other
person than the owner of such animals
or stock, whether enclosed or unenclose6
and whether such animals wandered from
the premises of the owner in the county
in which the trespass was committed, or
from any other county, dt shall be law
full for the owner OF such premises to
impound such animals and retain them
until the owner thereof shall make full
satisfaction or reparation for the dam
ages committed by such animals, includ-
ing all costs and expenses, unless dis
posed of according to the provisions of
the three following sections.
Section 1852 lmpounded animals, how
disposed of. In case any of the said ami
mails shall be impounded under the pro-
visions of the preceding section, 1t shall
be the duty of the party so impounding
them to give them all necessary feed,
care and attention, for which he shall
have reasonable compensation as herein
after provided. And 1t shall also be his
| duty to give the owner, if known, notice
of the fact of such impounding in TWEEN
ty-four hours, and if not known or as
certained within three days from the
taking up and impoundng such animals,
| they shall be disposed of as provided by
| law in cases of estrays. except that In
| case any such animal or animals shall
| be sold under the provisions of the estray
| laws of section ASA the proceeds of such
| sales after the pavnnenf of IegaI costs
| including advertising, etc, shall be ap-
| piled first to the payment of the dam
| including reasonable compensation for the
| feed, care and attention to be ascertained
| as hereinafter provided.
Section 1853 Penalty for illegal i'm
/ pounding. If any person shall under the
/ pretext of the provisions Of this law, I'M
| necessarily or out of mere veXation, take
| up and impound any such animal or ami
| mails, or after having taken up and i'm
| pounded any such animal or animals shall
| fail to give the notice required by the pre-
! cedlng section, or to estray them, in case
| the owner is not known or ascertained
| within the time prescribed by said section,
| or shall fail to give the proper care and
attention, as herein provided or in any
| manner shall injure or maltreat, any such
animal or animals, such person so Offend
| ing shall be deemed guilty of a INSIDE
| meanor and on Indictment and conviction
| before any court having jurisdiction of
/ Such oHenses, shall be punished by fine or
| Imprisonment in the common Jail in the
| discretion of the presiding Judge who
shall try said cause, the fine not to exceed
/ 500, and the Imprisonment not to exceed
one month and in addition shall pay to
the owner or such animal or ANNA Is
double the amount of damages actually
sustained by a violation of the provisions
of the last five sections of this chapter.
Section 1854. Mode of ascertaining dam
ages, proceedings therein. In case of dis
agreement between the taker-up or party
claimed TO be damaged and the owner OF
such animal or animals as to the amount
| of damages sustained on account of the
alleged trepass of such animal or ami
mails, or for expenses for care feed and
attention. as required by section 1452 The
aggrieved party may make complaint 10
the justice of the peace of the district
and II no justice in such district, then ia
the most convenient Justice in any OTHER
district, setting forth the amount claim.
ed. Whereupon such justice shall issue a
summons as in other suits returna HE
within hve days from the date thereof
| requiring the owner or claimant of such
stock to appear at a time and place there
IN named, and which shall be served n S
other summons, at least three DAYS before
the time of hearing, when such Justice
snail proceed to hear evidence and give
Judgment against such owner or claimant
for such damages as shall appear rea-
sohaoie ana Just including the expenses
of care and feeding such stock. and All
| legal costs, which shall be enforced by
execution, levy and sale as other iudg-
ments of such justice: Provided never
| theiess, that a special lien upon the tres.
| passing animal or animals for the nav
ment OF such judgment shall attach from
| the time of the committing of such tress-
pass, superior to all other liens or nre.
Vious claims, except public dues. and su.
perlor also TO all exemptions under the
heonestead ana exemption laws; and pro
Vided, also, that If said judgment for dam
ages shall exceed the sum of fifty dollars
the defendant may enter an appeal as i'm
other cases in justices courts: and provi.
ded further, that in case of any litigatior
as contemplated by this section IL shall
be lawful for the owners of such animal Is
70 redeem or replevy the same by giving
good and sufficient security conditioned
to pay al damages and costs which NAV
%, finally recovered against him in such