The Montgomery advertiser., 1903-10-09

VI 0~@AA RCkoULt1I -MLIU laW<nRn . taken up shall notify pSrac,,s,,s the owner of such anitnaI vhs,, known. or by leaving such not,cs ae the usual place of reuldercs or such owner within tventv-fo,,r hours after seizure. If the owner {. ,,.s Known. three days notice of sucb ssi-. ure shall be given by posting mn s,,ch wntten notice of such seizure. descr,h. ine the property 90 seised. at aII th. sins ana mills in such precinct. ana ts no sin or min then public places. The De entitled to possession of inc ss,,,. ,s.. ui the Judgment which may be recov.r.,s m the preceding action is paid. fo~.ths. with the cost of the same. or ,nt,1 'sse. same Is sold under execution to Sa.,.~s. said Judgment, or until the dars =. which may be ascertained as hereinaftsr provided shall be paid. -
 sec. II. The owner of any animal which mas oeen seized as provided in Section ie ol tnls aet shah have the right to the possession of the same by paying such Judgment and the cost thereof or' h., paying the damages, fees and costa ana oApenses que on account of such sefzure so the person so seizing such, animal. put enouid the parties be unable to aeree upon the amount of damages. fees. co.ts ana expenses due. either party shall have the risnt to go before any justice of tbs peace within the beat where such stock is seIzeo or taken up, or the nearest within the beat where such stock is ss;.. ca or taken up. and have the issue tried Ihstanter or as soon as practicable. on a written statement or complaint setting hortn m substance the facts of such seiS- ure, nrst giving the opposite party ona aaye notice thereof. and said issue shalI invofve the validity of such seizure, and the amount Of damages, fees, costs, and expenses. under the provisions of .thia act ana the Judgment of said justice of the peace shall have all of the forcs ana enect of judgment in any other case at law. and be executed in same manner ss any other Judgment of a justice court Ia enforced. That the owner of such nron. erty so taken up may give bond in douhle the value of the same payable to the ner. son so taking up said property to be ap. 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 judg- ment to satisfy such judgment as to damages and costs. If upon the trial IL Is shown that the owner of said stock rendered to plaintiff a full and fair com pensation for the damages before suit then the suit shall be dismissed at the 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. the justice or the peace shall determine the validity or the seizure and the amount of dam ages, fees. costs and expe-eAs under the provisions of this act from such evidence as shall be adduced before him. The fees ana costs of the justice of the peace and constable in such trials shall be the same as the fees of such officers in other triaia In Justice Court for like services. Froc, any Judgment rendered by any Justice ,,f the Peace under the provisions of t..is Act. an appeal may be taken to the Cir cult Court, or other court of like juris- diction. in such county within five days rom the rendition of such judgment ID the same manner as appeals are talk .n rom judgments of Justices of the Peace in other cases.
 Sec. 12. If the owner or his agent shall not, under the provisions of this Act. when he has made no bond as above pro vtded reclaim his animal in twenty-fou' hours after the Justice of the Peace shall have ascertained such damages, then tee Justice of the Peace shall order the same sold by the constable of the precinct, or by some one appointed to act as such. and the constable. or the person ap- pointed to act as such, upon tthe 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 precinc. in which such injury occurred, and is no gin or mill in such precinct, thr .s public places, and out of the proceeds pay the expenses of such sale and of taking up and of the fees and damages due to the plaintiff and of making the or der of sale, and the balance must be paid back to the owner of such animal, if known, and, If not known, then into the County Treasury. The Justice shall be entitled to 50 cents for making the order of sale. and the constable or person ap- pointed to act as such, shall be entitled to one dollar for making such sale and posting the requisite notices
 Sec. 13. The term stock where it oc- CUTS in this Act shall be held to include horses, mares, mules, jacks. jennets, colts. cows. calves yearlings, 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 vio. lation, shall be guilty of a misdemeanor. and upon conviction shall be fined not less than five dollars nor more than fifty dollars, and the fine must be paid in ths lawful moneys of the United States
 Sec. 15. The Board of County Commits 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 a 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 os 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; that 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.
 Sec. 1T. That in counties having stocx law now in force over the entire county no election shall be held embracing less territory than the whole county.
 Approved Sept. g. 1903.
 Oficial.
 J. THOS. HEFLIN,
 Secretary of State No. 326) AN ACT H. S7s: