reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 270 - Animals Restrained from Running at Large › Section 270.400 - Killing of feral swine, permitted when — violations, penalty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 270
• Effective - 28 Aug 2021, 4 histories
270.400. Killing of feral swine, permitted when — violations, penalty. —
1. For purposes of this section, the following terms mean:
(1)
"Feral swine"
, any swine that is born, living, or has lived in the wild, and the offspring of such swine. For purposes of this subdivision,
"in the wild"
means not confined by humans to pens, houses, or other facilities designed to hold swine and prevent their escape;
(2)
"Landowner's agent"
, any person who has permission from a landowner to be present on the landowner's property.
2. A person may kill a feral swine roaming freely upon such person's land and shall not be liable to the owner of the swine for the loss of the swine.
3. Any person may take or kill a feral swine on public land or private land with the consent of the public landowner or the private landowner; except that, during the firearms deer and turkey hunting season, the regulations of the Missouri wildlife code shall apply. Such person shall not be liable to the owner of the swine for the loss of such swine.
4. No person except a landowner or such landowner's agent on such landowner's property shall take, attempt to take, or kill a feral swine with the use of an artificial light or thermal imagery.
5. Any person who violates subsection 3 or 4 of this section is guilty of a class A misdemeanor. Each violation of subsection 3 or 4 of this section shall be a separate offense.
6. Nothing in this section shall be construed to apply to the accidental escape of domestic swine.
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(L. 2002 H.B. 1348, A.L. 2010 S.B. 795, A.L. 2019 H.B. 655, A.L. 2021 H.B. 369)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.010 - Notice and bond.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.010. Notice and bond. —
No person shall post any animal as a stray until he shall have given thirty days' notice of his intention to do so, which notice shall be given within two days after such animal is taken up. And no person shall take up as a stray any unbroken animal between the first day of April and the first day of November; provided, that any animal which shall have broken over or through a lawful fence and be found within any person's enclosure, may at any time be taken up by such person and posted as a stray. And no person not a householder shall have authority to take up or post any stray animal unless he first enter into a bond to the state of Missouri, for the use of the owner, in double the amount of the value of the animal or animals taken up, with sureties, approved by the associate circuit judge before whom the animal shall be posted.
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(RSMo 1939 § 14498)
Prior revisions: 1929 § 12824; 1919 § 4314; 1909 § 815
CROSS REFERENCE:
Domestic animals restrained from running at large, when, Chap. 270
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.020 - Notice — penalty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.020. Notice — penalty. —
If any animal liable to be taken up be found on any plantation on the fifteenth day of December of any year or on any day thereafter until the fifteenth day of April following, the occupant thereof shall cause notice of such stray to be filed in the office of the clerk of the county commission of the county thereof within five days after the finding such stray. Said notice shall be substantially the same as that of intention to post, and must be given before any animal liable to be taken up can be posted under the provisions of this chapter. Any person or persons failing to comply with the provisions of this section shall be liable to a fine of not less than ten dollars.
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(RSMo 1939 § 14499)
Prior revisions: 1929 § 12825; 1919 § 4315; 1909 § 816
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.030 - Condition of bond.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1990
271.030. Condition of bond. —
The bond required in section 271.010 shall contain a condition that the taker-up will not sell or exchange, take out of this state, abuse or willfully or negligently mistreat, or take out of the county more than five days at a time, any such stray before the legal title shall have vested in him, and that he will deliver up such stray to the legal owner in the manner prescribed by law, and that if the owner does not prove the same within the time limited, he will faithfully account for and pay over the contingent amount due the school fund. When the associate circuit judge shall approve such bond he shall forward it to the county clerk, and on breach of the conditions thereof, the party injured, or any resident of the county, to the use of the school fund, as the case may be, may bring suit thereon.
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(RSMo 1939 § 14500, A.L. 1990 H.B. 1070)
Prior revisions: 1929 § 12826; 1919 § 4316; 1909 § 817
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.040 - Any householder may take up stray, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.040. Any householder may take up stray, when. —
If any horse, mule or ass, liable to be taken up, be found on any plantation, and the occupant thereof refuse to take up the same, any householder of the county may give said occupant five days' notice, in writing of his intention to take up the said stray, and at the end of five days from the time of giving notice, may take up said animal and proceed in the same manner as if it had been found on his own plantation, except that in filing the affidavit required in section 271.060, he may omit to state that the same was taken up on his plantation, but in lieu thereof shall state the name of the occupant of the plantation on which the same was found, and also that he gave said occupant five days' notice before taking up.
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(RSMo 1939 § 14501)
Prior revisions: 1929 § 12827; 1919 § 4317; 1909 § 818
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.050 - Notice, how given — contents.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 02 Jan 1979, see footnote
271.050. Notice, how given — contents. —
The notice required in section 271.010 shall be given by setting up written or printed handbills in three of the most public places in the township in which the property is taken up, and by forwarding a copy of such notice to the county clerk at least thirty days before said property shall be posted, which notice shall contain a description of the animal, embracing size, color, age, sex, marks and brands, as the same appeared at the time of taking up, and shall further recite that if the owner does not claim and prove the same before the expiration of thirty days from the time of setting up said notices, the same will be posted before some associate circuit judge of the county.
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(RSMo 1939 § 14502, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12828; 1919 § 4318; 1909 § 819
Effective 1-02-79
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.060 - Duty of taker-up.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 02 Jan 1979, see footnote
271.060. Duty of taker-up. —
If no person claim and prove said stray within the time limited in section 271.050, the taker-up shall go before some associate circuit judge of the county and file a copy of the notice given by him, as prescribed in section 271.050, and make affidavit that the animal or animals was or were taken up on his plantation or the plantation of another, as the case may be, and that the marks and brands have not to his knowledge been changed since the same was or were taken up; that he set up or caused to be set up three notices containing a description of the property in three public places in the township where the property was taken up, and also forwarded a copy of such notice to the county clerk thirty days previous to filing this affidavit, and that the notice herewith filed is a true copy of those set up and forwarded to the county clerk.
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(RSMo 1939 § 14503, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12829; 1919 § 4319; 1909 § 820
Effective 1-02-79
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.070 - Notice to be recorded — appraisers appointed.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 02 Jan 1979, see footnote
271.070. Notice to be recorded — appraisers appointed. —
The associate circuit judge shall file said affidavit and notice in his office, and cause the notice to be recorded on his stray book, and shall appoint three disinterested householders to view and appraise the property taken up.
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(RSMo 1939 § 14504, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 12830; 1919 § 4320; 1909 § 821
Effective 1-02-79
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.080 - Appraisers — oath — duty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.080. Appraisers — oath — duty. —
The appraisers shall be sworn to fully, fairly and impartially view and appraise the property; and their appraisement, embracing a description of the size, color, age, sex, marks and brands thereof, and reciting the fact that they were duly sworn, shall be entered by the associate circuit judge on his stray book.
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(RSMo 1939 § 14505)
Prior revisions: 1929 § 12831; 1919 § 4321; 1909 § 822
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.090 - Record of strays taken up.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.090. Record of strays taken up. —
If the property so taken up be appraised at seven dollars or more, the associate circuit judge shall, within ten days thereafter, file in the office of the clerk of the county commission a copy of the entries in his stray book. The clerk shall record the same in a book kept for that purpose; provided, that all animals taken up at one time shall be included in one certificate, and the total appraisement thereof shall govern the action of the associate circuit judge in complying with this section.
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(RSMo 1939 § 14506)
Prior revisions: 1929 § 12832; 1919 § 4322; 1909 § 823
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.100 - Notice published in newspaper, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.100. Notice published in newspaper, when. —
If the property be appraised at fifteen dollars or upward, the taker-up shall, within ten days after posting any animal, cause notice thereof to be published in some newspaper of the county, or, if there be none, then of an adjoining county. Such notice shall be:
Taken up by ______ and posted before ______, an associate circuit judge of ______ County, on the ______ day of ______, in the year ______, the following described property: (here insert the valuation and description as given by the appraisers);
­­which notice shall be inserted in said paper for two consecutive weeks.
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(RSMo 1939 § 14507)
Prior revisions: 1929 § 12833; 1919 § 4323; 1909 § 824
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.110 - Filing of unpublished notice and affidavit.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.110. Filing of unpublished notice and affidavit. —
A copy of said published notice, with the affidavit of the publisher to the effect that such notice has been published according to law, shall be filed by the publisher with the county clerk, who shall preserve the same among the records of his office for the inspection of any person desiring to see the same.
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(RSMo 1939 § 14508)
Prior revisions: 1929 § 12834; 1919 § 4324; 1909 § 825
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.120 - Nonhouseholder to file bond — failure.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.120. Nonhouseholder to file bond — failure. —
No associate circuit judge shall allow any person, not a householder, to post any stray before him, without first filing with such associate circuit judge the bond required by law. And when any person, not a householder, shall appear before an associate circuit judge to post any stray, and shall fail or refuse to give the required bond, such associate circuit judge shall immediately appoint some other person, qualified by law, to take charge and post said stray. At the time of posting, the associate circuit judge shall deliver to every taker-up a written or printed statement of the duties required by law to be performed by such taker-up.
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(RSMo 1939 § 14509)
Prior revisions: 1929 § 12835; 1919 § 4325; 1909 § 826
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.130 - Reclamation by owner.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.130. Reclamation by owner. —
The owner of any stray may, within one year from the time of taking up, prove the same before some associate circuit judge of the county, and upon the payment of the fees herein allowed, and a reasonable compensation for keeping the stray, the owner shall be entitled to such property, with the increase, if any.
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(RSMo 1939 § 14510)
Prior revisions: 1929 § 12836; 1919 § 4326; 1909 § 827
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.140 - Proof entered on docket, certification.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.140. Proof entered on docket, certification. —
The associate circuit judge shall enter such proof on his docket, and, within ten days thereafter, certify to the county clerk that such proof has been made; but if the appraised value, at the time of the posting, be less than seven dollars, it shall not be necessary for the associate circuit judge to forward such certificate to the clerk, but the proof shall, nevertheless, be entered on his docket.
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(RSMo 1939 § 14511)
Prior revisions: 1929 § 12837; 1919 § 4327; 1909 § 828
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.150 - Amount for keeping stray.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.150. Amount for keeping stray. —
If the owner and taker-up cannot agree in the amount for keeping said stray, it shall be decided by the associate circuit judge before whom the stray is proved, who shall take into consideration both the cost of keeping and the use and service of such stray.
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(RSMo 1939 § 14512)
Prior revisions: 1929 § 12838; 1919 § 4328; 1909 § 829
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.160 - Failure to reclaim, property vests in taker-up, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.160. Failure to reclaim, property vests in taker-up, when. —
If the owner fail to reclaim any stray taken up and posted in accordance with this chapter, within one year from the date of taking up, then the title thereto shall vest absolutely in the taker-up; provided, that if said property shall have been appraised at twelve dollars or more, the title thereto shall not vest in the taker-up till after the payment into the county treasury by him of a sum equal to one-half of the remainder left after deducting the total amount of fees due according to sections 271.320 to 271.350.
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(RSMo 1939 § 14513)
Prior revisions: 1929 § 12839; 1919 § 4329; 1909 § 830
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.170 - File certificate of proof of stray.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.170. File certificate of proof of stray. —
The county clerk on receiving the certificate of the proof of any stray shall file the same, and write in the margin of the record and opposite the amount with which the taker-up stands charged the words "proved and reclaimed".
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(RSMo 1939 § 14514)
Prior revisions: 1929 § 12840; 1919 § 4330; 1909 § 831
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.180 - Charge treasurer with amount paid by owner.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.180. Charge treasurer with amount paid by owner. —
When the taker-up shall have filed the receipt of the county treasurer with the clerk of the county commission for the full amount which he is required to pay into the county treasury, said clerk shall charge the treasurer with the same, and write in the margin of the record, opposite the amount with which the taker-up stands charged, the word "paid"; or if the taker-up shall not pay into the county treasury the full amount required by law, the clerk shall only give him credit for the amount paid, and charge the same to the treasurer accordingly.
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(RSMo 1939 § 14515)
Prior revisions: 1929 § 12841; 1919 § 4331; 1909 § 832
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.190 - Stray book and stray fund record book.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.190. Stray book and stray fund record book. —
For the purpose of complying with the provisions of this chapter, the county clerk shall keep two books, one of which shall be styled the "county stray book", the other the "stray fund record book".
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(RSMo 1939 § 14516)
Prior revisions: 1929 § 12842; 1919 § 4332; 1909 § 833
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.200 - Entries in the county stray book.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.200. Entries in the county stray book. —
It shall be the duty of the clerk to enter in the county stray book a correct copy of all entries certified to him by any associate circuit judge of the county in relation to the taking up, posting and proving of strays.
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(RSMo 1939 § 14517)
Prior revisions: 1929 § 12843; 1919 § 4333; 1909 § 834
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.210 - Entries in stray fund record book.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.210. Entries in stray fund record book. —
The clerk shall enter in the stray fund record book:
(1) The name of the taker-up of any stray animal appraised at twelve dollars or more;
(2) The date of taking up;
(3) The species of animal taken up;
(4) The appraised value thereof;
(5) The total amount of fees that would be due all parties at the end of one year from the date of taking up according to this chapter;
(6) The contingent amount due the county school fund, which shall be one-half of the remainder after deducting the fees from the appraised value;
(7) He shall also leave a blank column on the right for the purpose of giving the credits herein authorized.
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(RSMo 1939 § 14518)
Prior revisions: 1929 § 12844; 1919 § 4334; 1909 § 835
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.220 - Certain names to be appended to the tax books.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.220. Certain names to be appended to the tax books. —
The clerk shall, annually, at the time of making up the tax book, append thereto a list of the names of all persons appearing on the stray fund record book, with the several items set opposite each name, except the names of such persons as may have taken up animals within one year next before the delivery to the collector of said book, or who may have received credit for the contingent amount due the county school fund as herein provided, and shall charge the collector therewith.
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(RSMo 1939 § 14519)
Prior revisions: 1929 § 12845; 1919 § 4335; 1909 § 836
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.230 - Responsibility of collector.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.230. Responsibility of collector. —
The county collector shall be responsible on his bond for the faithful collection and payment into the county treasury of all moneys charged against any person in favor of the county school fund, according to the provisions of the stray law, and shall collect and account for the same in the same manner as for state and county taxes, and no property of the taker-up shall be exempt from sale in the collection of the amount with which he stands charged, till he has complied with the provisions of this chapter.
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(RSMo 1939 § 14520)
Prior revisions: 1929 § 12846; 1919 § 4336; 1909 § 837
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.240 - Delinquent stray list returned.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.240. Delinquent stray list returned. —
The collector shall not sell any property of the taker-up, except the stray, until he shall have returned the delinquent tax list, at which time he shall also return the delinquent stray list under oath that he has used due diligence to collect the same, and has, after diligent search, failed to discover the stray animals therein mentioned. When such list is so returned, it shall thereafter be proceeded with in the same manner as the personal delinquent tax list, and the same fees shall thereafter be allowed the collector, to be taxed as costs, and be paid by the taker-up.
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(RSMo 1939 § 14521)
Prior revisions: 1929 § 12847; 1919 § 4337; 1909 § 838
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.250 - Taker-up may turn stray over to collector, when — effect of.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.250. Taker-up may turn stray over to collector, when — effect of. —
The taker-up may, at any time after the expiration of one year from the time of taking up and after the receipt by the collector of the tax book, turn over the stray to the collector; provided, he has taken proper care of said stray and otherwise complied with the provisions of this chapter, and shall hereafter be discharged from further liability; in which case the collector shall sell said stray, and pay into the county treasury, to the use of the county school fund, the whole amount realized by such sale, less the expenses of the sale and the amount of fees charged on the stray delinquent list, which fees shall be paid to the parties entitled thereto.
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(RSMo 1939 § 14522)
Prior revisions: 1929 § 12848; 1919 § 4338; 1909 § 839
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.260 - Taker-up not liable, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.260. Taker-up not liable, when. —
If any stray, legally taken up, get away or die, without the fault of the taker-up, he shall not be liable for the same.
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(RSMo 1939 § 14523)
Prior revisions: 1929 § 12849; 1919 § 4339; 1909 § 840
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.270 - Taker-up may use stray, how.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.270. Taker-up may use stray, how. —
Any person may use or work a stray legally taken up by him, if he do so with care and moderation, but shall not remove the same from the county more than five days at a time, under penalty of twenty dollars, to be collected and paid into the county school fund.
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(RSMo 1939 § 14524)
Prior revisions: 1929 § 12850; 1919 § 4340; 1909 § 841
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.280 - Recovery of damages by owner, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.280. Recovery of damages by owner, when. —
If any person sell, swap, take out of this state or willfully or negligently injure or abuse any stray before the legal title thereto shall have vested in him, then the owner, if he shall appear and prove such stray within one year from the date of taking up, may recover double the amount of all damages, with costs; but if in such case the owner do not appear and prove the same within the time limited, the taker-up shall be held absolutely liable for the contingent amount with which he stands charged on the stray fund record book, whether he produce said stray to the collector or not; provided, that if any person, after having posted any stray or strays, desire to remove from the county, he may, with the consent of the associate circuit judge or the successor of the associate circuit judge before whom the same was or were posted, turn said stray or strays over to any responsible householder of the vicinity in which the original taker-up resided, who shall take such stray or strays subject to all the provisions of this chapter, the same as the original taker-up; and said associate circuit judge shall make an entry thereof in his stray book, and certify the same to the county clerk, which certificate shall be by him recorded in the stray record of his office, and all costs incurred by the provisions of this section shall be paid by the original taker-up; but such costs shall in no case become a charge against the animal or animals taken up.
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(RSMo 1939 § 14525)
Prior revisions: 1929 § 12851; 1919 § 4341; 1909 § 842
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.290 - Reclamation by owner before posting, how.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.290. Reclamation by owner before posting, how. —
If, after the setting up of notices, the owner claim and prove any stray legally taken up before the same shall have been posted, he shall be entitled to receive the same on payment of the fees allowed the taker-up for taking up such stray, and for posting up notices thereof, and a reasonable compensation for keeping the same; but the taker-up shall not be entitled to compensation for keeping same for more than one day previous to setting up such notices.
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(RSMo 1939 § 14526)
Prior revisions: 1929 § 12852; 1919 § 4342; 1909 § 843
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.310 - Preservation of papers in clerk's office, inspection.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.310. Preservation of papers in clerk's office, inspection. —
The county clerk shall receive, file and preserve in his office all such papers sent him, for the inspection of all persons who desire to examine the same.
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(RSMo 1939 § 14528)
Prior revisions: 1929 § 12854; 1919 § 4344; 1909 § 848
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.320 - Compensation for taker-up — fees of appraisers.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.320. Compensation for taker-up — fees of appraisers. —
1. For services rendered in accordance with the provisions of this chapter, the taker-up shall receive the following fees, and no more:
(1) For taking up any horse, mule, ass or neat cattle, twenty-five cents;
(2) For taking up any hog, sheep or goat, twelve and one-half cents; and
(3) For each affidavit filed with the associate circuit judge which shall embrace all strays taken up at one time, fifty cents;
(4) For setting up the notices required by law, one dollar and twenty-five cents; and
(5) For transmitting same to county or other paper for publication, twenty-five cents.
2. Each appraiser shall receive fifty cents.
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(RSMo 1939 § 14529)
Prior revisions: 1929 § 12855; 1919 § 4345; 1909 § 849
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.330 - Fees for associate circuit judge.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.330. Fees for associate circuit judge. —
The associate circuit judge shall be entitled to the following fees and no more:
(1) For recording notice of taker-up, twenty-five cents;
(2) Recording certificate of appraisers, twenty-five cents;
(3) For each certificate of docket entries to county clerk, thirty-five cents;
(4) For issuing summons to appraisers, when such summons is necessary, twenty-five cents.
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(RSMo 1939 § 14530)
Prior revisions: 1929 § 12856; 1919 § 4346; 1909 § 850
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.340 - Compensation of publisher for notice and affidavit.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.340. Compensation of publisher for notice and affidavit. —
The publisher of any newspaper shall receive for publishing the notice required in section 271.100, and filing the affidavit thereof with the clerk, one dollar and sixty cents.
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(RSMo 1939 § 14531)
Prior revisions: 1929 § 12857; 1919 § 4347; 1909 § 851
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.350 - Fees of county clerk.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
• Effective - 28 Aug 1939
271.350. Fees of county clerk. —
The county clerk shall receive for recording each certified copy of the entries in the associate circuit judge's stray book, twenty-five cents; for filing any other paper not required to be recorded, five cents; for making the proper entries in the stray fund record book, for each stray, five cents.
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(RSMo 1939 § 14532)
Prior revisions: 1929 § 12858; 1919 § 4348; 1909 § 852
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.360 - Penalty for failure to perform duty.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.360. Penalty for failure to perform duty. —
Any printer, clerk, associate circuit judge or other officer, failing to perform the duties enjoined on him by this chapter, shall forfeit to the county not less than five nor more than fifty dollars, and shall otherwise be liable to the party injured in double damages.
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(RSMo 1939 § 14533)
Prior revisions: 1929 § 12859; 1919 § 4349; 1909 § 853
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 271 - Strays › Section 271.370 - Fines, penalties and forfeitures to go into school fund.

Title XVII AGRICULTURE AND ANIMALS
Chapter 271
Effective - 28 Aug 1939
271.370. Fines, penalties and forfeitures to go into school fund. —
All fines, penalties and forfeitures, also all moneys, except fees collected from the taker-up of any stray, under the provisions of this chapter, shall be paid into the county treasury, and become a part of the permanent school fund of the county.
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(RSMo 1939 § 14534)
Prior revisions: 1929 § 12860; 1919 § 4350; 1909 § 854
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.010 - Field to be enclosed by fence.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.010. Field to be enclosed by fence. —
All fields and enclosures where animals are kept shall be enclosed by a lawful fence as defined in section 272.020.
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(RSMo 1939 § 14569, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12906; 1919 § 5511; 1909 § 6454
CROSS REFERENCE:
Railroad companies to maintain lawful fence; gates and cattle guards, where, 389.650
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.020 - Fencing requirements.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.020. Fencing requirements. —
1. Any fence consisting of posts and wire or boards at least four feet high which is mutually agreed upon by adjoining landowners or decided upon by the associate circuit court of the county is a lawful fence.
2. All posts shall be set firmly in the ground not more than twelve feet apart with wire or boards securely fastened to such posts and placed at proper distances apart to resist horses, cattle and other similar livestock.
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(RSMo 1939 § 14570, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12907; 1919 § 5512; 1909 § 6455
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.030 - Owners of stock liable for damages, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 14 Oct 2016, 2 histories, see footnote
*272.030. Owners of stock liable for damages, when. —
If any horses, cattle or other stock shall break over or through any lawful fence, as defined in section 272.020, and by so doing obtain access to, or do trespass upon, the premises of another, the owner of such animal shall be liable for any damages sustained if the owner of the trespassing horses, cattle, or other stock was negligent.
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(RSMo 1939 § 14571, A.L. 1945 p. 917, A.L. 1978 H.B. 1634, A.L. 2016 S.B. 844)
Prior revisions: 1929 § 12908; 1919 § 5513; 1909 § 6456
*Effective 10-14-16, see § 21.250. S.B. 844 was vetoed June 28, 2016. The veto was overridden on September 14, 2016.
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.040 - Judge may appoint viewers to view fence — compensation of appointees.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.040. Judge may appoint viewers to view fence — compensation of appointees. —
Upon complaint of either party claiming to be injured because of the trespass or taking up of livestock as described in section 272.030, the associate circuit judge shall, without delay, issue an order to three disinterested householders of the neighborhood, not of kin to either party, reciting the complaint, and requiring them to view the fence where the trespass is complained of, and take memoranda of the same, and appear before the court on the day set for trial; and their evidence shall determine the lawfulness of such fence. The persons appointed by the associate circuit judge shall be paid twenty-five dollars each per day for the time actually employed which shall be taxed as costs in the case equally against the parties and collected accordingly.
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(RSMo 1939 § 14572, A.L. 1945 p. 917, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12909; 1919 § 5514; 1909 § 6457
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.050 - Persons injuring animals liable for damages, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.050. Persons injuring animals liable for damages, when. —
If any person who does not maintain a sufficient fence shall hurt, wound, lame, kill or destroy, or cause the same to be done by shooting, worrying with dogs, or otherwise, any of the animals in this chapter mentioned, such person shall satisfy the owner in double damages with costs.
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(RSMo 1939 § 14573, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12910; 1919 § 5515; 1909 § 6458
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.060 - Division fences — rights of parties in, how determined.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.060. Division fences — rights of parties in, how determined. —
1. Whenever the owner of real estate desires to construct or repair a lawful fence, as defined by section 272.020, which divides his or her land from that of another, such owner shall give written notice of such intention to the adjoining landowner. The landowners shall meet and each shall construct or repair that portion of the division fence which is on the right of each owner as the owners face the fence line while standing at the center of their common property line on their own property. If the owners cannot agree as to the part each shall construct or keep in repair, either of them may apply to an associate circuit judge of the county who shall forthwith summon three disinterested householders of the township or county to appear on the premises, giving three days' notice to each of the parties of the time and place where such viewers shall meet, and such viewers shall, under oath, designate the portion to be constructed or kept in repair by each of the parties interested and notify them in writing of the same. Such viewers shall receive twenty-five dollars each per day for the time actually employed, which shall be taxed as court costs.
2. Existing agreements not consistent with the procedure prescribed by subsection 1 of this section shall be in writing, signed by the agreeing parties, and shall be recorded in the office of the recorder of deeds in the county or counties where the fence line is located. The agreement shall describe the land and the portion of partition fences between their lands which shall be erected and maintained by each party. The agreement shall bind the makers, their heirs and assigns.
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(RSMo 1939 § 14574, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12911; 1919 § 5516; 1909 § 6459
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.070 - Duty of judge if owners disagree — apportionment of costs.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.070. Duty of judge if owners disagree — apportionment of costs. —
If either party fails to construct or repair his or her portion of the fence in accordance with the provisions of section 272.060 within a reasonable time, the other may petition the associate circuit court of the county to authorize the petitioner to build or repair the fence in a manner to be directed by the court. If the court authorizes such action, the petitioner shall be given a judgment for that portion of the total cost of the fence which is chargeable as the other party's portion of the fence, court costs and reasonable attorney's fees. Any such judgment shall be a lien on the real estate of the party against whom the judgment may be given.
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(RSMo 1939 § 14575, A.L. 1945 p. 917, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12912; 1919 § 5517; 1909 § 6460
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.080 - Value of fence may be recovered, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1939
272.080. Value of fence may be recovered, when. —
If the person thus assessed or charged with the value of one-half of any fence, under the provisions of this chapter, shall neglect or refuse to pay over to the owner of such fence the amount so awarded, the same may be recovered before an associate circuit judge, or other court of competent jurisdiction.
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(RSMo 1939 § 14576)
Prior revisions: 1929 § 12913; 1919 § 5518; 1909 § 6461
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.090 - Fence to be divided for purpose of repair.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1945
272.090. Fence to be divided for purpose of repair. —
If the parties cannot agree as to the part each shall have and keep in repair, either of them may apply to an associate circuit judge of the county who shall forthwith summon three disinterested householders of the township to appear on the premises, giving three days' notice to each of the parties of the time and place where said viewers shall meet, and said viewers shall, under oath, designate the portion to be kept in repair by each of the parties interested, and notify them in writing of the same.
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(RSMo 1939 § 14577, A.L. 1945 p. 917)
Prior revisions: 1929 § 12914; 1919 § 5519; 1909 § 6462
(1958) On appeal from judgment in injunction suit to prevent adjoining landowner from repairing certain portion of division fence, denying injunctive relief and attempting to designate portion of fence each party was to maintain, court held that as oral agreement of plaintiff with defendant's predecessor as to maintenance of division fence was not binding on defendant, the only method of determining rights was under this section and disapproved lower court's attempt to designate portions to be maintained by the parties. McNaughton v. Schaffer (A.), 314 S.W.2d 245.
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.100 - Duties of persons appointed — their fees.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.100. Duties of persons appointed — their fees. —
The persons appointed by the associate circuit judge pursuant to section 272.040 to discharge the duties therein specified shall receive twenty-five dollars each per day for the time actually employed, which shall be taxed as costs in the case against the parties and collected accordingly.
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(RSMo 1939 § 14578, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12915; 1919 § 5520; 1909 § 6463
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.110 - Division fences to be kept in repair.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.110. Division fences to be kept in repair. —
Every person owning a part of a division fence shall keep his or her portion of the same in good repair according to the requirements of this chapter, and may enter upon any land lying adjacent thereto for such purpose.
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(RSMo 1939 § 14579, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12916; 1919 § 5521; 1909 § 6464
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.120 - Division fences not to be removed without consent of owners.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1939
272.120. Division fences not to be removed without consent of owners. —
No division fence shall be removed without the consent of all the owners thereof, unless for the purpose of opening a public road or highway.
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(RSMo 1939 § 14580)
Prior revisions: 1929 § 12917; 1919 § 5522; 1909 § 6465
CROSS REFERENCE:
Double damage for removal of partition fence without giving notice, 537.350
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.130 - Judgment of associate circuit judge reviewed in same manner as other civil actions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.130. Judgment of associate circuit judge reviewed in same manner as other civil actions. —
Any person aggrieved by any order or judgment of the associate circuit judge made or entered pursuant to the provisions of section 272.040 or 272.070 may have the same reviewed in the same manner as other civil actions.
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(RSMo 1939 § 14581, A.L. 1978 H.B. 1634, A.L. 2001 H.B. 219 merged with S.B. 462)
Prior revisions: 1929 § 12918; 1919 § 5523; 1909 § 6466
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.132 - Total cost of fence attributable to one landowner, when.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.132. Total cost of fence attributable to one landowner, when. —
If either of two adjoining landowners does not need a fence, the landowner that needs a fence may build the entire fence and report the total cost to the associate circuit judge who shall authorize the cost to be recorded on each deed. Should the landowner that claimed no need for a fence subsequently place livestock against the fence, the landowner that built the fence shall be reimbursed for one-half the construction costs share to be determined as provided in section 272.060.
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(L. 2001 H.B. 219 merged with S.B. 462)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.134 - Agreement for no fence permitted.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.134. Agreement for no fence permitted. —
Nothing in this chapter shall prevent adjoining landowners from agreeing that no fence is needed between their property.
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(L. 2001 H.B. 219 merged with S.B. 462)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.136 - Landowner may exceed lawful fence requirements.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 2001
272.136. Landowner may exceed lawful fence requirements. —
Nothing in this chapter shall prevent either of adjoining landowners from building the landowner or the landowner's neighbor's portion of a fence in excess of the lawful fence requirements prescribed by this chapter.
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(L. 2001 H.B. 219 merged with S.B. 462)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.210 - Definitions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1965
272.210. Definitions. —
As used in sections 272.210 to 272.370 the following words and terms have the following meanings:
(1)
"Lawful fence"
, a fence with not less than four boards per four feet of height; said boards to be spaced no farther apart than twice the width of the boards used fastened in or to substantial posts not more than twelve feet apart with one stay, or a fence of four barbed wires supported by posts not more than fifteen feet apart with one stay or twelve feet apart with no stays, or any fence which is at least equivalent to the types of fences described herein;
(2)
"Stay"
, a vertical member attached to each board or wire comprising the horizontal members of the fence.
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(L. 1963 p. 401 § 1, A.L. 1965 p. 395)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.220 - Fields enclosed, how.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1965
272.220. Fields enclosed, how. —
All fields and enclosures in which livestock are kept or placed shall be enclosed by a lawful fence.
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(L. 1963 p. 401 § 2, A.L. 1965 p. 395)
2023 Missouri Revised Statutes › Title XVII - Agriculture and Animals › Chapter 272 - Fences and Enclosures › Section 272.235 - Adjoining landowners obligated to build fence — when — exceptions.

Title XVII AGRICULTURE AND ANIMALS
Chapter 272
• Effective - 28 Aug 1965
272.235. Adjoining landowners obligated to build fence — when — exceptions. —
If there is a need for a fence by either of two joining landowners both shall be obligated to build and maintain a fence under the provisions of sections 272.210 to 272.370. Nothing in sections 272.210 to 272.370 shall prevent joining landowners from agreeing that no fence is needed between their property.
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(L. 1965 p. 395)