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peace, and all such fines shall be paid into the school fund in and for the county having jurisdiction of the case.

SEC. 8. In all cases of conviction under the provisions of this Justice may comact, the justice shall enter judgment for the fine and costs against the defendant, and may commit him until the judgment is satisfied, or issue execution on the judgment for the use of common schools of the county.

SEC. 9. All acts and parts of acts inconsistent with the pro- Inconsistent acts visions of this act are hereby repealed.

SEC. 10. This act shall take effect and be in force from and Take efeot when. after its publication.

[Approved May 1, 1861.]

I hereby certify that the above bill became a law by publication in the “ State Record,” at Topeka, the 22d day of May, A. D. 1861.

J. W. ROBINSON,

Secretary of State.

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CHAPTER LXXXIII.

AN ACT to regulate the Taking Up and Posting of Strays.

up between

vember

be considered

Be it enacted by the Legislature of the State of Kansas :

SECTION 1. That no person shall take up any unbroken animal No stray shall be as a stray, between the first day of April and the first day of Aprileand NoNovember, unless the same be found within his lawfu! inclosure, nor shall any person, at any time, take up any stray, unless it be what shall not found upon his premises ; Provided, That any stallion or jack, straye. over two years old, or any bull over one year old, found running at large, at any season of the year, shall be considered strays, and may be taken up at any time or place.

Sec. 2. That no person shall take up any horse, mule, ass, Must be a citizen ox, sheep, or other animal, under the provisions of this act, unless and enter into he be a citizen and householder, and enters into bonds, with sufficient sureties, to the State of Kansas, for the use of the owner, in double the value of the property proposed to be taken up, to be ascertained by the justice before whom the person wishes to post such stray, which bond shall be filed and preserved by such justice.

and householder,

a

,

If persons fail to take up strays for ten days.

Shall immediately advertise strays.

What disposition shall be made of strays.

Sec. 3. That, if any animal liable to be taken up, shall come upon the premises of any person, and the owner of such premises fails to take up such stray for more than ten days after being notified of the fact, any other citizen of the same county may proceed to take up such stray, and proceed with it as if taken up on his own premises.

Sec. 4. That, if any person take up any stray, he shall immediately advertise the same by posting up three printed or written notices, in as many public places in the township, which notices shall contain a full description of the stray.

SEC. 5. That, if such stray be not claimed and proved at the expiration of ten days after the same was taken up and advertised, then the taker up shall go before a justice of the peace of the county, and file his affidavit, stating that such stray was taken up on his premises, and that he did not drive or cause it to be driven there, or that it was taken upon the premises of some other person, naming him, and that he gave such person ten days notice, and that he has advertised such stray ten days, and that the marks or brands have not been altered since, to his knowledge.

SEC. 6. That the justice shall issue a summons to three disinterested householders to appear and appraise such stray, which summons shall forth with be served by the taker up of such stray, which service shall be without charge, if not demanded at the time of making the appraisement.

Sec. 7. That the householders, or two of them, shall proceed to describe and appraise such stray, stating the sex, size, color, age, marks and brands, and value of the same, which description and appraisement they shall reduce to writing, to which they shall append their affidavit, that the same is a true description,

and a fair and impartial appraisement, which shall be filed by the Boobeds shall be justice, and recorded by him in a book, to be kept by him for

Justices shall summon three householders to appraise strays.

Stray3 shall be described.

.

that purpose.

Duty of justice.

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Duty of county clerk.

Sec. 8. That the justice shall deliver, to such taker up, a certified copy of the record upon his stray book, which he shall, within fifteen days after such appraisement, cause to be delivered to the county clerk.

Sec. 9. That the county clerk, immediately after receiving the certified copy from the justice, shall record the same in a book, kept for that purpose.

Sec. 10. That any person may use a stray, lawfully taken up by him, with care and moderation, if he does not injure or abuse it.

Strays to be carefully used.

their

to costshow

be decided.

shall vest the

taker up.

Sec. 11. That the owner of any stray may, within twelve How.owners eball months from the time of taking up, prove the same by evidence, berty. before some justice of the peace of the county; and, if such justice is satisfied, from the evidence, that the stray belongs to the claimant, he shall, upon payment of all costs, order it to be delivered to the owner; and the justice shall certify to the county clerk that such stray has been proved, and restored to the proper owner within twenty days.

SEC. 12. That the clerk shall make an entry of the fact stated Duty of clerk. in such certificate, in the margin of the county record, opposite the recorded certificate of the justice before whom such stray was appraised, which entry shall cancel all' lien the county may have upon such stray.

SEC. 13. That, if the owner and taker up cannot agree as to If parties, cifer the amount of costs, and expense of taking up, it shall be decid- the related shall ed, on application of either party, by the justice of the peace before whom the proof of ownership was made, who may compel the attendance of witnesses, if necessary, and, in making up his decision, he shall take into consideration whatever service the taker up may have had of such stray.

Sec. 14. That, if the owner fails to comply with the provis- Then the title ions of this act for twelve months after the time of taking up, and the taker up shall have proceeded according to law, a complete title to such stray shall vest in the taker up.

SEC. 15. That, in all cases where the title to any stray shall When title vests vest in the taker up by lapse of time, the taker up shall pay into baie bald pay in to the county treasury, after deducting all costs, one-half of the appraised value of such stray, to the use of the county school fund; and, in default of such payment, the county shall hold a lien on County may hold such stray, to secure the payment of such moiety to the county.

Sec. 16. That, if any person shall sell or dispose of any stray, shall not sell or or take the same out of this State, before the title shall have State. vested in him, he shall forfeit and pay to the county, double the value of such stray, and may also be punished by fine, not ex- May be punished ceeding twenty dollars, and imprisonment in the county jail not to exceed thirty days.

Sec. 17. That, if any person unlawfully takes up any stray No person shall and fails to comply with the provisions of this act, or uses or up any stray. works such stray before advertising the same, or shall drive the same on his premises for the purpose of taking up the same, or shall keep the same out of the county more than five days at one time before he acquires a title to it, he shail forfeit to the county not exceeding fifty dollars.

in up,

the treasury.

& lien on stray.

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unlawful

take

Duty of county commissioners.

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Justices of Peaco shall have jurisdiction.

Writ of replevin nay issue against

Sec. 18. The county commissioners of the several counties of this State, at any regular session of their respective boards, shall examine the certificates or other records of strays filed in the offices of the county clerks; and if, upon such examination, they shall find, by lapse of time, that such strays shall have become the property of the taker up, the board shall issuc their warrant, under the seal of the county, directed to the sheriff, commanding him to collect the amount due the county, according to the provisions of section fifteen, from the goods and chattels, effects or credits, of every kind, of the taker up, without exemption ; and, for the want thereof, to levy upon and sell the real estate, of any description, that may be liable to execution, belonging in any way to him, either in law or equity, in the manner provided by law for the levy and sale of real estate on execution; and such stray shall, in all cases, be subject to the lien held by the county, as provided in section fifteen, and the county commissioners may order the sheriff to seize and sell the same.

Sec. 19. Justices of the peace, in their respective counties, shall have jurisdiction and take cognizance of all actions for the violation of this act, and enforce all the penalties and fines against persons

who

may be found guilty of such violations. SEC. 20. That, upon the affidavit of any citizen of the county persone disposing wherein such strays may be held or so taken up, being filed with

any justice of the peace of the county, setting forth that any person (naming him] has disposed of any strays, or in any manner violated the provisions of this act, and describing the stray, in full, said justice shall issue his summons and writ of replevin,

as is provided in civil cases, commanding the officer to take the Persons who have stray into his possession, and summons the person

have provisions, may thus violated this act, to appear and answer, as is provided in

cases of replevin. Trials shall be by Sec. 21. That, all trials before a justice of the peace, under

this act, if demanded by the defendant, shall be by jury of six competent men, to be selected as in civil cases, who shall, if they find the defendant guilty, assess the fine to be paid by him, or the imprisonment to be inflicted, subject to an appeal, as in civil cases.

SEO. 22. That if, upon examination and hearing, it shall appear to said justice that this act has been violated, he shall assess the fine as herein provided, and shall order the officer to deliver the stray to any person who will give good and sufficient bond to the county, to keep said stray until the expiration of the twelve months, at which time the title shall vest in him, as it would have

of

who may

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swer.

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If this act is vio. lated, the justice shall assess fine.

Stray delivered
to any person who
shall give bond.

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for

clerk

done in the taker up, and he shall be subject to the same liabilities and requirements of this act.

SEO. 23. That all fines collected under the provisions of this Fines paid to act, shall be paid into the county treasury, for the use of the schools. common school fund.

SEO. 24. That there shall be allowed for taking up strays, the What allowed. following rewards : for taking up every horse, mule or ass, fifty cents; for every head of neat cattle, twenty-five cents; for all other kinds of animals, fifteen cents per head.

SEC. 25. That the county clerk shall receive, for recording Fees of county each certificate of strays, twenty-five cents, whether such certificate contains a greater or less number of animals.

SEC. 26. The justice of the peace shall receive the sum of Fees of justices. twenty-five cents for recording each certificate of appraisement, whether such certificate contains a greater or less number of animals, and twenty-five cents for each certified copy of the same, and, for other services, such fees as are allowed by law for similar services, except that, in no case shall be receive mileage.

Sec. 27. That, if any stray, lawfully taken up, gets away or Taker up not lia. dies, without the fault of the taker up, he shall not be liable for the game.

Sec. 28. That, if any county clerk or justice of the peace Penalty if justies fails to perform the duties enjoined upon him by this act, he his dut). shall forfeit and pay to the county, not less than five nor more than fifty dollars, and pay to the party injured, not less than five nor more than one hundred dollars. Sec. 29. That an Act entitled “An Act to regulate the tak- Certain tapte rende

hereby repealed. ing up and posting of strays,” approved February 2, 1859, also, an Act entitled "An act concerning lost goods and estrays,” approved February 11, 1859, be and the same are hereby repealed.

SEC. 30. That this act shall take effect and be in force from Take effect when. and after its publication.

Approved May 23, 1861.

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