The Birmingham age-herald., 1903-10-09

premises of such personsf- and when so I taken up shall notify personally
 the owner of such animal. when
 known. or by leaving such notice
 at the usual place of residence Of such owner within twenty-four 1 hours after seizure. If the owner is un- | known, three days notice Of such seiz-
 ure shall be given by posting up such
 written notice of such seizure. deserib- | ing the property so seized, at all the
 gins and mills In such precinct. and If
 no gin or mill then public places. The | person so taking up such animal shall
 be entitled to possession of the same un- | til the judgment which may be recovered
 In the preceding action is paid, together
 with the cost of the same, or until the
 same Is sold under execution to satisfy
 said judgment or until the damages | which may be ascertained as hereinafter
 provided shall be paid
 Sec. II. The owner of any animal which
 has been seized as provided in Section 10
 of this act shall have the right to the | possession of the same by paying such | Judgment and the cost thereof, or by paying the damages. fees and costs and | expenses due on account of such seizure | to the person so seizing such animal; | but should the parties be unable to agree
 upon the amount of damages, fees costs and expenses due, either party shall have
 the right to go before any justice of the peace within the beat where such stock | Is seized or taken up, or the nearest | justice of the peace, should there be none
 within the beat where such stock is eeiz-
 ed or taken up. and have the issue tried | instanter or as soon as practicable, on written statement or complaint setting
 forth in substance the facts of such seiz-
 ure, first giving the opposite party one days notice thereof. and said issue shall involve the validity of such seizure, and | 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 of tho force and | effect of a judgment in any other case at law, and be executed in same manner as any other Judgment of a justice court is
 enforced. That the owner of such prop-
 erty so taken up may give bond in double
 the value of the same payable to the per
 son so taking up said property to be ap- 1 proved by the justice of the peace be-
 fore whom the proceedings are pending | conditioned to deliver such property to | the constable or other legal officer having
 the writ of execution or order of sale is-
 sued on any Judgment rendered in said
 cause within five days after such iudg- | ment to satisfy such judgment as to | damages and costs. If upon the trial | it Is shown that the owner of said stock
 rendered to plaintiff a full and fair com | pensatlon for the damages before suit l | cost of plaintiff: and on the trial of such
 issue, the party taking up such animal
 shall be the plaintiff in the action. In case the owner is unknown, he Justice | of the peace shall determine the validity of the seizure and the amount of dam ages. fees, costs and expenses under the provisions of this act from such evidence as shall be addueed before him. The fees and costs of the justice of the peace and constable in such trials shall be the same | as the fees of such officers in other trials | in Just 'e Court for like services, Frorl | any judgment rendered by any Justice ef 1 the Peace under the provisions of t,ds 1 Act. an appeal may be taken to the cir- 1 cult Court, or other court of like juris- l diction, in such county within five days l from the rendition of such Judgment n | the same manner as appeals are taksn | from judgments of Justices Of the Peace i Tn other cases.
 Sec l2 If the owner or his agent shali | not under the provisions of this Act, | when he has made no bond as above pro
 vided reclaim his animal In twenty-fou'
 hours after the Justice of the Peace shall
 have ascertained such dana ges, then tfe
 Justice of the Peace shall crder the same
 sold by the constable of the preoinat, Dr
 by some one appointed to act as such.
 and the constable. or the person ap-
 pointed to act as such. upon Inc making
 of such order shall sell the same upon giving five days notice of such sale by
 posting a written or printed notice at all
 the public gins and mills in the precinj js in which such injury occurred, and ,i
 no gin or mill in such precinct, thr 2
 public places, and out nf the proceee5
 pay the expenses of such sale and Of
 taking mp and of the fees and damages
 due to the plaintiff and of making the or
 der of sale. and the balance m uat bs paid back to the owner of such animal, If 1 known, and, if not known then into the 1 County Treasury, Tine Justice shall be 1 entitled to 50 cents for making the order.
 of sale and the constable or person ap-f pointed to act as snch, shall be entitled
 to one dollar for making such safe and ] posting the requisite notices
 1 Sec. 13 The term stock where 1t oe- 1 CUTS in this Act shall be held to include
 horses res mules, jacks. iennets. colts,
 cows. calves, yearings, bulls, oxen, sheep, goats, lambs, kids. hogs shoats and pigs. Sec IA. The owner, or any person hav-
 ing the control of any stock who shall
 unlawfully permit such stock to go upon the lands of another, for each wilful yio- lation, shall be guilty of misdemeanof.
 and upon conviction shall be fined not less than five dollars more than fifty dollars, and the fine must be paid In ths
 lawful moneys of the United States.
 Sec 15 The Board of County Commis-
 sioners. or Board of Revenue, or court of like Jurisdiction, may suspend a stock
 law as herein provided for, for not ex-
 ceeding five months, on a petition of
 majority of land owners of any district
 Sec. 16. To secure an order for an cleo ton to repeal existing stock law or stock
 laws q petition signed by majority O.
 the land owners of the county or precinct
 or subdivision whose land lies outside Of any incorporated city or town shall oe
 necessary, said petition to be verified by
 affidavit of two or more, showing that
 petitioners, land owners of the county
 district or precinct or subdivision; thar their lands do not lie within an incor- porated city or town. The truth of the allegation of such petition to be deter mined by competent evidence as in other | cases in courts of law
 1 Sec. 1T. That In counties having stock 1 law now in force over the entire county | no election shall be held embracing less l territory than the whole county | Approved Sept 20, lg3
 official.
 l J. THOS. HEFLIN. Secretary of State