Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1909-01-08
Stock Law.
Now in force in every District
in the County Including
MartinSbuEg.

any cattle, mules, hurses, sheep, hogs,
goats or geese, to run at large, and should
such stock while running at large de-
stroy or injure the property of another,
the owner Of such stock shall pay,to the
party whose property may be injured
or destroyed, the amount OF damages
sustained by him, by reason OF such
destruction or injury. And the party
SO injured, may, jf he find such stock
on his premises, retain them or suffi-
Gent number thereof, until the said
damages, and costs of keeping, be paid.
III. 1t shall be II duty of the per-
son retaining such stock to Immediate
iy notify the owner thereof, il he be
found in the county, of the injury or
or destruction OF such property, ana
the detention of his stock, the amount
Of damages he has sustained thereby,
and the costs of keeping the same.
Such notice shall be in writing. And
if the said damages and costs be not
paid, or are considered excessive, the
owner of such stock shall forthwith
give notice in writ 'ng to the person so
OBTAINING his stock that he has APP
pointed one free-holder, naming him,
to ascertain the damages the perssn
OBTAINING his stock has sustained, by
reascn of said stock running at large.
On receipt of such notice the person de-
tanning the stock shall forthwith APP
point enc freebooter, and the two
free-helders thus appointed shall APP
point third free-bolder. After being
duly sworn, the said free-holders to-
gether shall ascertain, the injury,
damages and costs the person detain-
ing the said stock has sustained, the
cost for feeding, which in no event
shall exceed that allowed sheriff for
feeding like stock, and fifty cents each
for the nrbitrators; Provided, That the
person asking tor the arbitration shall
pay tbs casts If b.. fails to reduce the
amount claimed by the person detain-
lag the stock. And if the arbitrators
md that the amount Of damages
claimed was excessive, the person so de-
taihirg such stock shall pay the costs,
but il, eithsr case be shall receive all
damages the said arbitrators find he
has sustained. Should either party
fail or refuse to make the appointment
this act requires, within twenty-four
hours after receiving such notice, any
justice Of the county may do So on a2-
plicatien Of either party. And the
finding of the arbitrators shall be final.
If the swner or agent of any such stock
be not found in the county, the person
30 OBTAINING the stock shall advertise
1t for sale, by posting at least three
notices at three public places in the
county, In which notices shall be stat
ed the time, terms, and place OF sale,
tlgsther with description Of the
property to be sold, for which notice
he shall be allowed forty cents. After
having posted notices as aforesaid for
period Ut not less than ten days, 1t
shall be lawful for the party SO injured
to sell said stock for cash, to the high
est bidder, uniese the damages and
cost be sooner paid. In either case the
person so injured may, after the dam
ages aad costs have been ascertained
as provided i'll this act, deliver the
property to constable of the district
to be sold as in other cases. The pro-
cseds whereof, after dedueting the
amount of damages and costs, shall be
paid to the owner of SAID stock, If he
cha j make application therefor, with
ir six months after said sale. And if
no such application be made within
the said six month the said residue
shall be paid iuto the hands of the
sheuff, for the benefit Of the free
schools of the district wherein rueh
sales takes place, and the person pay
ing over to the sheriff said residue,
shall take from the sheriff duplicate
receipts therefor, one Of which he shall
retain, and the other shall be delivered
to the clerk OF the county court to be
ii led In his office.
Ill. The provisions of this act shall
net be enforced in any county or dis
tricr in this State, until it be adopted
by a majority of the voter in
such county or district, at an elec-
tion, at which the question shall
be submitted fer their adsp-
ton or rejection; Provided, That no
county or district having heretofore
adopted the provisions Of this act,
shall again be repaired to vote on its
adoption or rejectos except as prsvid-
ed in section four of this act.
Nv. 1t shall be the duty Of the
couniy court Of any county, uren the