The age-herald., 1899-03-28
TEXT OF
 THE NEW HOG LAW
The Act Prohibits Swine from Running at Large in Any
 Section of County.
Birmingham, Ala, March 27.

Birmingham, Ala March N. | To the Editor of the Age-Herald: l Will you be so kind as to publish in the
 Age-Herald the Jefferson county hog law. | It will confer great favor on the people
 Of the county, and greatly oblige Yours truly, 0. R. ROY. Following Is the law asked for by Mr. Roy:
 AN ACT
 To prevent hogs from running at large in Jefferson county, Alabama
 Section l. Be it enacted by the general as- sembly of Alabama, That It shall be un- lawful for the owner of any hog to know ingly, voluntarily or wilfully allow or per- init any such animal to go at largo and off the premises of the owner anywhere in Jef- terson county, Alabama, and any such own CT of hog who shall permit any such an- lmal to so go at large and off the owners premises shall be liable to any party in- | jured thereby for all damages done to the l fruit or shade trees, ornamental shrubbery | to crops or any other property of whatso- ever kind of any person or persons, to be recovered before any court of competent jurisdiction; and the judgment of the court when against the owner of any such animal so depredating shall be a lien on the anil y, ton to other liens which, on execution is
 sued on said judgment, may have accord ing to law.
 Section 2. Be 1t further enacted, That any person or persons who is the owner of, or is in the lawful possession of, any land. or the agent of any such person or persons within the limits of the said Jefferson coun- ty shall have the right to take possession of any such hog or hogs as may be found at large and uncontrolled on the prem 'ses Of such person or persons, and when so taken up and possessed, such person or persons or their agents shall at once per- sonally, or by leaving written notice at the residence, or usual place of business, , of the owner of such animal or animals, or to the nearest justice of the peace of the beat in which he resldes, of the ssaihe when the owner is unknown, within twentyfour hours after such seizure.
 Section g. Be it further enacted, That l the owner of any such hog seized as pro- | vided in section 2 of this act shall have the right to the possession of the same on pay ing the damages, fees and costs and other l expenses accruing on account of the sed2- l ure to the person so seiZing such animal or l animals; but should the parties not be able l to agree as to the amount of damages and l cost of seizure, either party shall have the :, right to go before any justice of the peace l within the beat where such animal is seiz- l ed or taken up, or the nearest justice of | the peace, should there be none within said | beat, and have the issue tried instanter or | as soon as practicable, on written state | ment or complaint setting forth in sub- | stance the facts of such seizure first giv-
 ing the opposite party notice thereof, and | said issue shall involve the validity of such
 seizure, the amount of damages. fees, costs | and expenses under the provisions of this
 act, and the judgment of said justice of | the peace shall have all the force and ef1ec'
 of a judgment N any other court of law
 and be executed in the same manner as
 any other judgment of justice court ie
 enforced, and on the trial of such issue
 the party taking up such animal shall be | the plaintiff in the action; provided, how
 ever, that if the owner of the animals is
 unknown then the party seizing the stock | shall proceed in the same manner as 1T th'
 animal was an estray, as the law provide:
 in the case of estrays. provided that any
 such animals may be treated as an estral l at any time of the year they may be fount
 running at large in said county of Jefer | son.
 | Section 4. Be 1t further enacted, That i | the owner or his agent shall not claim hi l property within twenty-four. hours afte
 notice has been given as provided in thi' | act, the justice of the peace shall ordel | the animal so seized sold by the constable | and applied to the costs and damages nam l ed in this act, the constable thereupo1
 shall give three days notice by posters A | three public places and sell the same 10 th'
 highest and best bidder and apply the pro
 ceeds to the payment of the costs an'
 damages mentioned in this act.
 | Section g. Be 1t further enacted That tn
 fees allowed be as follows: For taking Ill
 each hog s1, and shall also be allowed l
 cents for each day for keeping each hog
 The justice of the peace shall be entitled
 to 50 cents for the trial of each issue unde | this act and 50 cents for each order Of sal
 of property and the constable shall be en
 titled to s1 for each sale of such animals , Section G. Be 1t further enacted That al laws and parts of laws in conflict with thi
 act shall be and the same are hereby re
 pealed.
 Approved February 10, 1899.