the requisitions set forth in this section shall be deemed guilty of grand or petit larceny, according to the value of the same, and, on conviction thereof, be punished in accordance with the provisions of the Act concerning crimes and punishments.As amended, Stats. 1877, 90. estrays. 722. SEC. 5. The owner of any stray animal, which is Penalty for legally taken up under the provisions of this Act, shall not be moving permitted to take, lead, or drive the same from the farm or possession of the person legally possessed of such animal, until proven and charges paid according to the provisions of this Act; and any person knowingly and willfully violating the provisions of this section, shall be subject to all the penalties that he would be subject to under the statute law, provided he had no claim on such animal. larceny, 723. SEC. 6. If any one shall remove any stray animal Removing, from any rancho, or farm, or inclosure, contrary to the pro- when. visions of this Act, who shall not be the owner of the same, he shall be deemed guilty of grand or petit larceny, according to the value of the property. forfeited. 724. SEC. 7. If the owner of any lost or stray animal when reshall not appear and prove his property therein within three claimed, how months, provided they are neat foot animals and valued at fifty dollars and under that amount, and six months, provided they are horses, mules, or other animals, and valued at one hundred dollars and upwards, after the same is posted, he shall forfeit his right thereto, and the property in such animal shall be vested in the taker up, on his paying into the county treasury the one-half appraised value thereof, as fixed by the appraisers as aforesaid. 725. SEC. 8. All moneys paid into the county treasury, Moneys paid, under the provisions of this Act as above provided, shall become of a part and belong to the county school fund of the county in which the proceedings are had, and be drawn from the county treasury on proper warrant, and shall be exclusively appropriated to the county school fund, and for no other purpose. tice and 726. SEC. 9. The Justice of the Peace and Recorder shall Fees of Jusreceive for their services in any one case, whether for one or Recorder. more animals, two dollars and fifty cents each; and all other officers or persons shall receive for their services the same fees as are allowed for similar services within the county. All costs, by costs and charges accuring [accruing] under this Act shall be whom paid. paid by the person taking up the estray animal or animals, but shall be reimbursed by the owner, upon proof and delivery of his property. As amended, Stats. 1877, 186. liable for 727. SEC. 10. If any stray animal die or escape from the Taker up not possession of the taker up, at any time before the expiration of escape or six months from the taking up, he shall not be held liable in death. any manner on account of such animal. 728. SEC. 11. That if any stallion one and a half years stallions and old or upward, shall be found running at large, out of the Spanish bulls inclosed ground of the owner or keeper of said horse, it shall trated. to be cas be lawful for any person to take up such horse, and forth give notice to the owner or keeper thereof, if said owne keeper be known; and if the owner or keeper do not ap within three days thereafter, and pay to the said taker up dollars as a compensation for his trouble, the taker up s proceed to advertise said horse; and the same proceedings s be had in every respect, as hereinbefore provided in case stray horses; provided, that the taker up may, at the expira of twenty days from the time of advertising, castrate, or cure to be castrated, the said horse, which shall be done at risk and expense of the owner. And all Spanish bulls of and a half years old and upwards, found running at large, s be castrated, or cut, as hereinbefore provided. An Act concerning unlawful stock. Approved April 10, 1862, 9. 729. SECTION 1. From and after the passage of this A it shall be unlawful for stallions, of the age of two years a upwards, to run at large among the settlements of this state. 730. SEC. 2. If the owner or owners, or the agent any owner or owners, shall permit any animal as aforesaid, e trary to the provisions of the first section of this Act, to run large in the settled portions of this state, it shall be lawful any person to take up and confine the same, giving informati to the owner or owners, or agent as aforesaid, of such seizu if the party or parties shall be known; or, if they shall not known, then posting notices, conveying such information, three of the most public places in the township or district which the animal is taken up. If, at the expiration of ten da from the date of such information given, or of such noti posted, the owner, owners, or agent, as aforesaid, of such a mal, shall not appear and legally reclaim it, by paying all t expenses that may have been incurred in the taking up, confi ing, and keeping of the animal, then it shall be lawful for t taker up to have it emasculated at the risk and additional e pense of the owner or owners. 731. SEC. 3. If, at the expiration of thirty days ther after, no such owner, owners, nor agent shall appear and legal reclaim such animal as aforesaid, then it shall be the duty the person having possession of it to deliver the same to th Constable of the township in which the animal has been foun and confined, whose duty it shall be, after three days notice the intent, to make sale of the same to the highest cash bidde and after paying all the necessary expenses incurred in th premises, then to pay the residue of the proceeds of such sal into the treasury of the county in which such sale shall hav taken place, for the benefit of the common school fund; provided, however, that if the owner or owners of such property shall make claim to it at any time before such sale can legally be made, nothing in this Act shall be construed to exempt such owner or owners from payment of all expenses incurred. horses. 732. SEC. 4. No original horse shall be allowed to run at Original large in any of the settled portions of this state, and any owner or owners of such horse who shall permit it to run at large for the space of five days shall be liable to a forfeiture of the same. Any person shall be authorized to take up the same; and it is hereby made the duty of such person to deliver the animal, immediately, to the Constable of the township in which it may be taken up, who, after twenty days' notice, by written or published notification of the intent, posted in two conspicuous places in such township, shall proceed to sell the same to the highest cash bidder; and, after all expenses incurred in the premises shall have been defrayed, the residue of the proceeds of such sale, if there be any, shall be paid into the treasury of the county in which such sale shall have taken place, to be appropriated to the common school fund. 733. SEC. 5. Any hog or hogs, goat or goats, found tres- Animals trespassing upon the premises of any person or persons in this passing, etc. state, may be taken up by the owner or owners of such premises, and safely kept at the expense of the owner or owners of the hog or hogs, goat or goats, so found trespassing.—As amended, Stats. 1875, 146. 734. SEC. 6. All persons taking up hogs trespassing upon Notices to their lands, whether inclosed or not, shall, immediately there- be posted. after, post notices in three conspicuous places in the precincts in which such persons reside, containing a description of the ear or other marks of such hogs, whereby the owners may identify them as their property. of property. 735. SEC. 7. If the owners of such hogs come forward Restitution within ten days of the time when such notices were posted, and prove them to be their property, the person or persons taking them up shall deliver them to such owner or owners, upon their paying all the costs, charges, and damages sustained by reason of their trespassing. 736. SEC. 8. If, however, the owner or owners shall not Forfeiture of claim the same within ten days, then the person taking up such property. hogs shall immediately notify a Constable of the precinct wherein the trespass has been committed, and the Constable shall proceed to sell, at public auction, after giving five days' notice of such sale, by posting notices in three public places in said precinct, all such hogs so taken up; provided, that the owners may prove their property and receive the same, by paying all costs and damages, at any time before such sale can take place. 737. SEC. 9. If the parties cannot agree as to the amount of charges and damages, then each party may choose one disinterested person, and they may choose a third person, who Arbitration. 14 Fees of officers. Surplus money. Liability of officers. shall determine the amount thereof; and should the owners not come forward, then the Constable shall select three disinterested persons to determine the amount. 738. SEC. 10. The fees of the Constable, under the provisions of this Act, shall be the same as allowed by law for all similar services. 739. SEC. 11. SEC. 11. If there shall be any surplus money arising from the proceeds of such sales, after paying all costs, charges, and damages, the Constable shall pay the same to the owner or owners of such hogs sold; provided, that they prove they are entitled to it within fifteen days after the sale, otherwise he shall 'pay it into the treasury of the county in which such sale shall have been made, taking the receipt of the Treasurer for the same, for the benefit of the common school fund. 740. SEC. 12. Any Constable refusing or neglecting to pay to the County Treasurer, or to the owner or owners, the surplus derived from any sale made under the provisions of this Act, shall be liable for the same on his official bond, and shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding one hundred dollars. Liability of owner of. Animals not to be injured. An Act to prevent the trespassing of animals upon private property. Approved December 12, 1862, 13. 741. SECTION 1. If any horse, mule, jack, jenny, hog, sheep, goat, or any head of neat cattle, shall break into any grounds inclosed by a lawful fence, the owner or manager of such animal shall be liable to the owner of such inclosed premises for all damages sustained by such trespass; and if the trespass be repeated by neglect of the owner or manager of said animals, he shall for the second and every subsequent offense or trespass be subject to double the damages of such trespass to the owner of said premises. 742. SEC. 2. If any owner or occupier of any grounds or crops trespassed upon, provided said ground be inclosed within. a fence, by animals entering upon or breaking into his or their grounds, whether inclosed by a lawful fence or not, shall kill, maim, or materially injure the animal or animals so trespassing, he, she, or they shall be liable to the owner of such stock for all damages, and for the costs accruing from a suit for such damages, when necessarily resorted to for their recovery; provided, the owner or occupier of such grounds or crops so damaged and trespassed upon, may take up and safely keep, at the expense of the owner or owners thereof, after due notice to said owners, if known, such animals, or so many of them as may be necessary to cover the damages he may have sustained, the owners t three disin der the proby law for all money arising osts, charges. the owner or rove they are -rwise he shall such sale shall surer for the neglecting to -r owners, the visions of this ond, and shall on conviction one hundred for ten days, and if not applied for by the proper owner or or more un one inclus 743. SEC. 3. When two or more persons shall cultivate Lands of lands under one inclosure, neither of them shall place or cause to be placed any animal on his, her, or their ground, to the injury or damage of the other or others, but shall be liable for all damages thus sustained by the other or others; and if repeated, after due notice is given, and for every subsequent repetition, double damages, to be recovered in any court having jurisdiction. ivate property. , jenny, hog. preak into any or manager of inclosed premand if the tresnager of said uent offense or ach trespass to any grounds or nclosed within nto his or their not, shall kill. so trespassing. such stock for a suit for such recovery; procrops so damely keep, at the due notice to ny of them as have sustained, An Act entitled "An Act to make it unlawful for the owner or Approved February 19, 1879, 42. swine prohibited to 744. SECTION 1. It shall be unlawful, from and after the Goats and passage of this Act, for any person or persons, who are the owner or owners, or who may have charge of any swine, goat at large. or goats, within this state, to allow them to run at large and be free commoners, from and after the first day of March to the bidden to tenth day of November of each and every year. But the inter- at large. vening period between the tenth day of November to the first Exempted day of March of each year, such swine, goat or goats, may be period. free commoners. Period for ject to 745. SEC. 2. Any swine, goat or goats, belonging to any owners su person or persons, that shall break into any yard, flower or veg-damages. etable garden, or any inclosure whatever, or shall root up or destroy any pasture, field, or growing grass for hay purposes, or any kind of growing crop whatever, whether the same be inclosed or not during the period that such swine, goat or goats. are prohibited to run at large and be free commoners, by section one of this Act, such owner or owners shall be subject to such damages as shall be equal to twice the value of the property damages. broken into, eaten up or destroyed. Amount of 746. SEC. 3. All actions for damages arising under the Damages, provisions of this Act shall be tried and determined in the court' having jurisdiction thereof, as in other cases made and provided. 195 how obtai |