Later

Damages for injury done by trespassing animals are recoverable as in other States. In South Carolina horses, cattle, hogs, sheep, or goats breaking into any field having a crop of any kind growing or ungathered, with a lawful fence, may be seized and kept confined until notice is given to the owner, within twenty-four hours of the seizure, who shall be bound to pay the owner of such field fifty cents a head for each horse or mule, and twenty-five cents for every head of cattle, hogs, etc., before he is entitled to have the animal delivered up to him. For the second breaking, within one month after the first, the owner is liable to the person injured for all damages sustained, in addition to the fine. Full satisfaction lies for injuring any animal found in any field where the fence is not a lawful one. In the State of Georgia, if any trespass or dam age is committed by stock on any lands not pro tected by lawful fences, the owner of the animal is not liable to answer for trespass; and if the owner of the premises should kill or injure the animal in any manner, he is liable in three times the damages. When fences are made pursuant to law, and any animal breaks in, the owner of the inclosure shall not kill or injure him for the first breaking, and not until after notice is given to the agent or owner, if possible, but the owner shall he liable for double the damage done by his stock. In Florida there can be no trespass or damage if the fence is not a lawful one; nor in such case can stakes, canes, or other devices to maim or kill cattle, sheep, swine, etc., he used, under a penalty of ten dollars for each offense, and full damages. Marks upon stock are required. Any person is allowed in Alabama to take up any horse, mare, jack, neat cattle, hog, or sheep found running at large, if the owner is unknown. If any stallion or jackass over two years of age,•is found at large it must be taken before a justice, who shall cause it to be advertised. The taker up is entitled to five dollars from the owner, and reasonable compen sation for keeping. If such stallion or jackass is not claimed within three months it may be gelded. The laws of Mississippi provide that every owner of cattle, horses, mules, hogs, sheep, or goats shall be liable for all injuries and tres passes committed by breaking into grounds inclosed by legal fence. If any person whose fence is not a lawful one, shall hurt, wound, lame, or kill, by shooting, or hunting with dogs, or otherwise, any cattle, etc., that may have broken into his inclosure, he shall pay the owner double damages. A ranger is elected in each county to attend specially to estrays, of which he is required to keep a record. When any person finds horses, mules, jacks, cattle, sheep, or hogs straying upon his land, he may take them up and forthwith send them to the owner, if known; if unknown, he must give notice to tie ranger, or some justice of the peace. The owner of all estrays appraised at ten dollars and not exceeding twenty dollars, is allowed six months, and if less than ten dollars, three .months, from the date of certificate of appraisement, to claim and prove his property. It is not lawful for any drover or other' person to drive any horses, mules, cattle, hogs, or sheep of another from the range to which they belong; but it is made his duty if any such stock join his, to halt immediately at the nearest pen, or some other convenient place, and separate such stock as does not belong to him, or to the person by whom he may be employed. For neglect a forfeit of twenty dollars for every offense is provided, and liability to all damages. Any person may confine and geld any stallions that are above the age of two years, found run ning at large, at the risk of the owner, hut this will not apply to stallions usually kept up, or to those which accidentally escape. Any ani mal addicted to fence breaking may be taken up by owner of land, who may recover Seventy-five cents a day for keeping, provided owner has been notified, if known; but condition of fence may be shown in mitigation of damages. Double damages may be recovered for injury to animals where fence is not a lawful one. Defacing or altering marks of animals subjects to a penalty of imprisonment in the penitentiary for not more than three years,-or fine of not more than $500, and imprisonment in county jail for not more than one year, or both. No neat cattle belong ing to non-residents are allowed to be taken into Texas for grazing or herding purposes, under pain of forfeiture to the county into which they shall have been so taken. Severe penalties for altering the brands of animals are provided in that State. In Arkansas, if any horse, cattle, or other stock break into any inclosure, the fence being of the required height and sufficiency, the owner of the animal shall, for the first offense make reparation for true damages; for the second offense, double damages; and for the third the party injured may kill the trespassing beasts, without being answerable. If any stallion or jack over two years old is found running at large, the owner may be fined two dollars for the first offense, and ten dollars for each subse quent offense, and is liable for all damages that may be sustained. Any. person may take up such animal, and, if not claimed within two days, may castrate, and recover three dollars for doing so; but the life of the animal must not be endangered. If any such animal can not be taken up, he may be killed, if notice be first put up at the court-house, and at three other of the most public places in the county for ten days, accurately describing the animals. In Tennes see stallions and jackasses over fifteen months old are not allowed to run at large under' pen alty to the owner of not less than five dollars or more than twenty-five dollars. The animal may be taken before the nearest justice of the peace who shall give public notice. If not claimed within three months the animal may be gelded at the risk and expense of the owner. The party taking him up is entitled to five dollars and reasonable expenses for keeping. There is no law in force in West Virginia to prevent cat tle from running at large; but if they break into an inclosure and destroy any grain or crops, the owner is liable; provided the fence is a lawful one. A law exists to prevent diSeased sheep from traveling on the highway. In Kentucky, breathy and mischievous bulls may be taken up and altered; a jack or stallion may be gelded if found at large, allowing the owner, if known, at the rate of twenty-five miles a day to reach the place where the animal is held, and Ncover the animal; when the owner is not known, the ani mal is dealt with as an estray, and may be ordered by a justice to be gelded. If the owner of any distempered cattle permits them to run at large, or drives them through any part of the State, he is liable to a fine of ten dollars for each head; and if any die the owner must cause them to be buried, subject to a penalty of five dollars for neglect in each case. The State of Missouri has created a board of cattle inspectors to prevent the spread of the Texas or Spanish fever. The county court of each county is authorized to appoint three competent and discreet persons to act as a board for the inspection of cattle sup posed to be distempered or affected with the dis ease known as the Texas or Spanish fever. They may stop any drove of cattle. If they adjudge cattle to be diseased or distempered, and in a condition to communicate any contagious or infectious disease, they are required to order the cattle to be removed from the county without delay, upon the same route upon which they came in, if practicable. If the owners comply with the order they will not be further liable; but if they, or the persons having the cattle in charge, willfully delay or neglect to do so, the president of the board will direct the sheriff to drive the cattle out by the route they came in, or to kill them, if the board think it necessary in order to prevent the spread of the disease. The parties owning, or in charge of the cattle ordered to be removed or killed are liable for all the costs that may accrue in case of examination, removal or killing. The act to prevent the introduction of diseased cattle into the State provides that no Texas, Mexican, or Indian cattle shall be driven or otherwise conveyed into any county in the State between the first day of March and thefirst day of December in each year, but this does not apply to any cattle which have been kept the entire previous winter in the State. Cattle may be carried through the State by railroad orsteam boat, provided they are not unloaded, but the railroad company or owners of the steamboat are responsible for all damages which may result from the Spanish or Texas fever, should the same occur along the line of transportation; and the existence of such disease along the route shall be prima facie evidence that the disease has been communicated by such transportation. For every head of cattle brought into the State con trary to law a fine of twenty dollars may be recovered, or the party may he imprisoned in the county jail not less than three nor more than twelve months, or may be subjected to both fine and imprisonment, It is lawful for any three or more householders to stop any cattle which they may have good reason to believe are passing through any county in violation of the act. In Illinois the owner of animals breaking through a legal fence is liable to full damages for the first trespass, and to double damages for any subse quent trespass. Where the fence is insufficient, and the land-owner injures or destroys animals, he is answerable in damages. Stallions over oue year old are not permitted to run at large; but if so found may be gelded, if the owner does not reclaim them, oue day for every fifteen miles' distance of the animal from home being allowed, after notice. Diseased horses, mules, and asses must be kept within the owner's inclosure, under penalty of twenty &tilers damages. Estray hogs must be sold from November 1st to March 1st. To convey any Texas or Cherokee cattle into the State between the first day of October and the first day of March renders the party so doing lia ble to a fine not exceeding $2,000 nor less than $500, and imprisonment at the discretion of the court. Any and all fines are paid into the county treasury, subject to the order of the board of supervisors, or county court, for the purpose of being divided pro rata among persons who may have suffered damage or loss on account of any such Texas or Cherokee cattle. All persons or corporations are liable to injured parties for any damage arising from the introduction, by any of them, of any diseased cattle. It is made the duty of any circuit or county judge, or justice of the peace, upon oath of any. householder, setting forth that Texas or Cherokee cattle are spreading disease among the native cattle, to forthwith issue a warrant to any sheriff or con stable of the county, commanding him to arrest and impound such cattle, and keep them by themselves until the first day of October follow ing. Texas and Cherokee cattle are defined to mean a class or kind of cattle, without reference to the place from which they may have come. In Indiana laws regulating the running at large of stock are local in their application, county boards designating what animals may or may not run at large. However, when any animal is found at large contrary to local law, and has been taken up, the owner may reclaim it within ten days, after which time the animal may be sold. It is unlawful in the State of Ohio for any one to sell, barter, or dispose of, or permit to run at large, any horse, cattle, sheep, or other domestic ani mal, knowing them to be infected with contag ious or infectious disease, or to have them indirectly exposed thereto, unless he first duly informs the party to whom he may sell as to the facts. The fine far so doing is not less than $20 nor more than $200, with costs, or confinement in the county jail not more than thirty days.

For allowing infected animals to come in contact with animals belonging to another, a fine is pro vided of not less than $50 nor more than $500, with cost of prosecution, or confinement in county jail not less than ten nor more than fifty days. If any horse, mule, ass, or any neat cattle, hogs, sheep, or goats, running at large, break into or enter an inclosure other than inclosures of railroads, the owner is liable for all damages, and the animal so breaking into or entering an inclosure is not exempted from execution issued on any judgment or decree rendered by any court. For allowing any such animals to run at large in any public highway or upon any unin closed land, or for herding any of them for the purpose of grazing on premises other than those owned or occupied by the owner or keeper of the animals, the party offending is liable, for every violation, to a fine of not less than $1 nor more than $5. But a general permission may be granted by the commissioners of any county for certain animals to run at large, and in counties where there is no such general permission, town ship trustees may grant special permits, such general and special permits terminating on the first Monday of March of each year; and special permits are revokable at the discretion of the trustees, upon three days' notice in writing to the owner of animals. Special permits mast be directed to individuals, and for particular animals described therein. The owner of tres passing animals is liable for all damages upon premises of another without reference to the fence which may inclose the premises. Any person may take up and confine an animal found at large contrary to law, and the owner may reclaim the same within ten days. The fees are as follows: For taking up and advertising each horse or mule, $1; neat cattle, seventy-five cents each; swine, fifty cents each; sheep or geese, twenty-five cents each; and reasonable pay for keeping the same. It is unlawful for the owner or keepers of any animal$ knowingly to permit them to enter the inclosure of any railroad, or, having entered, to remain therein ; or to lead Or drive any such animals within the inclosure, or along or upon the track of any railroad, at any other place than the regular street or road cross ing, or farm crossing or way. In Michigan it is not lawful for any cattle,horses, sheep, or swine to run at large on the highway, except in those coun ties or parts of counties where it shall be otherwise determined by the board of supervisors in such county. Where the law is in force, any person may seize and hold in his possession any animal found running at large, and give notice to a justice of the peace or a commissioner of high ways, who is required to post up notices describ ing the animal. The animal must be sold at public outcry in not less than thirty nor more' than sixty days after date of notice; but the owner may redeem the animal by paying costs and compensation for keeping—redemption to be made within one year. An animal found trespassing by the willful act of another, may be taken by the owner on demand, after paying reasonable compensation, but the person com mitting the act is liable to a fine of $20. Any person taking up a beast going at large contrary to law, or contrary to any by-law of a township, is entitled to fifty cents per bead for all horses, mules, asses, and neat cattle, and ten cents per head for all sheep, goats, and swine. When any person is injured in his land by animals, he may recover damages in an action for trespass against the owner of the beasts, or by distraining the beasts doing damage, unless the animal shall have been lawfully on adjoining lands, and shall have escaped therefrom in consequence of the neglect of the person who has suffered the damage, to maintain his part of the division fence. The laws of Wisconsin permit towns to make regula tions concerning the running of animals at large. The owner or occupant of lands may distrain all beasts doing damage within his inclosure, and when any distress shall be made, the person dis training is required to keep such beasts in some place other than the public pound until his dam ages are appraised; and within twenty-four hours he shall apply to a justice of the peace, who shall appoint three disinterested free-holders to appraise the damage sustained. If within twenty four hours after appraiseinent the damages are not paid, the animals may be placed in the public pound, to be there maintained until the amount of damages and costs is recovered by due process of law. If the owner of any sheep infected with contagious disease, permits any of them to go at large out of his own inclosure at any season of the year, he shall forfeit the sum of $5 for each and every such sheep, to the person who may enter complaint, for each time they are so found running at If the owner neglects to restrain such sheep, any person is authorized to take them up and put them in some safe place other than the public pound. Rams are not per mitted to go at large between July 15th and December 1st, and the owner forfeits $10 to the person taking up the animal for each time so found abroad. The electors of each town in the State of Minnesota have power at their annual meetings to determine the number of pound masters, and the location of pounds, and regulations for impounding animals, and to fix the time and manner in which cattle, mules, asses, and sheep may be permitted to go at large, provided that no cattle, horses, mules, nor. asses be allowed to go at large between the 15th of October and the 1st of April. The owner or occupant of lands may distrain all beasts doing damage upon his lands during the night-time, from eight o'clock in the evening until sunrise; and when any such distress is made the distrainer shall keep such beasts in some secure place other than the public pound, until his damages are appraised, unless the same is made on Sunday, in which case, before the next Tuesday morning thereafter he shall apply to a justice of the mace of the town, who shall appoint thiee disinterested persons to appraise damages. No damage can he recovered by the owner of any lands for dam age committed by any beasts during the day time, until it is first proved that the lands were inclosed by a lawful fence. Distress may be made at any time before the beasts doing dam age escape from the lands, and without regard to the sufficiency of fences. The owner of any horse or other animal, having the disease known as the glanders, who knowingly permits such animal to run at large, or be driven upon any of the highways of the State, or any hotel keeper, or keeper of any public barn, who permits any animal having such disease to he stabled, such person shall be deemed guilty of a misdemeanor, and upon conviction before any justice of the peace, shall be punished by a fine of not more than $100 nor less than $25. In Iowa no stal lion, jack,hull,boar, or back is permitted to run at large. Persons aggrieved are allowed to distrain any such animals, and compel the owner to pay damages. If the animal is not redeemed within seven days„ seven days' notice of its sale at public auction must he given, the proceeds to apply on damages after deducting costs. If any domestic animal, lawfully on adjoining land, escapes therefrom in consequence of the neglect of the person suffering the damage to maintain his part of the division fence, the owner of the animal is not liable for any damages. If beasts are not lawfully upon the adjoining land, and came upon it, or if they escaped therefrom into the injured inclosure, in consequence of the neglect of the adjoining owner to maintain a partition fence or any part of one, which it was his duty to main tain, then the owner of the adjoining land shall be liable as well as the owner of beasts. Fence viewers appraise all damages. An act of April 8, 186'8, forbids any one to bring into the State, or to have in possession, any Texas, Cherokee, or Indian cattle. Transportation on railroads through the State is not forbidden, nor the driv ing through any part of the State of such Texas or southern cattle as have been wintered at least one winter north of the southern boundary of the State of Missouri or Kansas. The penalty of violation is a fine not exceeding $1,000, or imprisonment in county jail at the discretion of the court, not to exceed six months, together with all damages that may accrue by reason of such violation of the law. Any one driving or importing diseased sheep into the State, knowing the disease to be contagious, is deemed guilty of misdemeanor, and is punishable by fine of not less than $50 nor more than $100. The same fine is imposed upon any person who may turn out ()this inclosure, or sell sheep, knowing them to be diseased. In Kansas, when a majority of the electors in any township petition county commissioners for orders to confine animals during the night-time, such orders shall be made and notice thereof given. The owner is liahle for depredations of animals during the continu ance of such orders, without regard to condition of fences. Persons damaged in their property • have a lien upon the stock. If any stallion or jack over the age of two years is found at large, the owner, if known, must be notified, of the fact; and if he fails or refuses to confine the animal he is liable to a fine of $5 for the first offense, and $10 for each subsequent offense, and all damages. Stallions and jacks, not used for breeding purposes, may be castrated by the per son taking them up, if the owner fails, after three days' notice, to reclaim the same, and pay dam ages, or such animals may be killed after six days' notice. Any bull, boar, or stag found running at large may be taken up at any time or place. Electors of townships may decide whether swine may run at large or not, at least ten voters having petitioned for the submission of the question. No horse, mule, or ass diseased with glanders is allowed to be at large, under a penalty of not less than five dollars nor more than $100. Knowingly to import or drive into the State sheep affected with contagious disease is a misdemeanor, with a fine not to exceed $200. The same penalty is provided for any owner allowing such sheep to run 'at large, together with responsibility for damages to other owners. Rams must be restrained between June 15th and December 15th, under penalty of five dollars for each day allowed at large. Electors of town ships determine whether or not sheep shall run at large. In February, 1867, a sanitary measure was passed for the protection of cattle from the ravages of the Spanish fever. Stock from Texas and the Indian Territory brought into the State between the first day of March and the first day of December in any year, are not to be driven through the State except in the remoter parts on the plains, and then not within five miles of any highway or ranch, except by consent of the owner of the latter. Violation of the law is treated as a misdemeanor, and the first offense is punishable by fine of $100 to $1,000, and impris onment from thirty days to six months; for subsequent offenses the penalties are doubled. In Nebraska cattle and other stock are restrained in particular counties. The legislation concern ing cattle etc., is also of a local character in the State of California. The laws of Oregon interdict the running at large of any stallion, jack, or mule, over eighteen months old, within the months of April, May, June, July, September, and October. If not kept for breeding purposes, the animal may be gelded. If kept for breeding purposes, the distrainer may return him to the owner, and recover two dollars. The owner of such an animal is liable for damages. Animals affected with contagious diseases must not be brought into the State under a penalty of not less than $50 nor more than $500 for the intro duction of each animal so diseased.