OF THE GENERAL POLICE. CHAPTER 64. OF STRAYS. AN ACT to prevent Stock from running at large in School District No. 83, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Unlawful fa run at large SECTION 1. That from and after the passage of this act, it live stock to shall not be lawful for any live stock to run on the highways in School within the limits of School District No. 83, in New Castle District 83, in county. New Castle county. may be pounded by SECTION 2. That it shall be lawful for any person in the said Such stock school district, to take up any live stock running on the high-raken up ways in said district and impound the same, and they shall and im have the right to demand and receive one dollar for every an-any person. imal so taken up, and twenty-five cents per head for every day such animals are kept, and may retain the same until all Compensalegal charges are paid; provided that this section shall not Proviso. apply to live stock that is under the care and control of a Stock under herdsman. tion. care of herdsmen. be sustained, be SECTION 3. That in case any damages may have been sus- If damages tained by reason of stock running at large, any justice of the freeholders peace of the county may, upon the application of the person ppointed by damaged, appoint three suitable freeholders to estimate the justice of said damages, which, together with the legal charges for keep-mate same. ing said stock, shall be paid by the person claiming the same before the same is delivered. peace to esti SECTION 4. That in case the said stock is not claimed, and Stock to be all just charges are* in accordance with this act, satisfied within advertised for thirty days, the person having said stock in charge, shall ad- claimed vertise the same at public sale by not less than three written 30 days. or printed notices posted for at least ten days previous to said sale in three conspicuous places in the district in which Notices. said stock was taken up, at the expiration of which time they shall proceed to sell the same, the proceeds of which sale, after be deposited deducting all just charges, shall be deposited with some jus- for one year tice of the peace, in said county, who shall hold the same for of peace. one year if not sooner claimed by some person who shall prove If not to the satisfaction of the justice, that they are the real owner claimed, to of said stock; if not so claimed, it shall be subject to and paid clerk of the sale, if not within Proceeds to with justice be paid to *So enrolled. school dis trict. Act not to prevent proceedings ander the OF THE GENERAL POLICE. over on the order of the clerk of the school district in which said stock was taken up, to be devoted to the school purposes of said district. SECTION 5. That nothing in this act shall be construed to prevent any person from proceeding with such cattle or other general law. stock, as provided in the general law concerning strays. Passed at Dover, January 26, 1875. Unlawful for live stock to run at large in School CHAPTER 65. OF STRAYS. AN ACT prohibiting Live Stock from running at large in School District Be it enacted by the Senate and House of Representatives of the State of Delaware in Gencral Assembly met, SECTION 1. That it shall not be lawful from and after the District No. passage of this act for any live stock to run on the highways 68, New Castle stock person in School District No. 68, New Castle county. county. SECTION 2. It shall be lawful for any person in said school Any Dake up district, to take up any live stock running on the highways in and impound said district and impound the same, and they shall have the running at right to demand and receive one dollar for every animal so taken up, and twenty-five cents per head for every day such Compensa- animals are kept, and may retain the same until all legal large. tion. In case damages are sustained, justice of peace may appoint freeholders to estimate same. charges are paid. SECTION 3. In case any damages may have been sustained by reason of such stock running at large, any justice of the peace of the county may appoint three suitable freeholders to estimate said damages, which, together with the legal charges for keeping said stock, shall be paid by the person claiming the In case stock same, before the same is delivered. is unclaimed SECTION 4. In case said stock is not claimed, and all just days, it shall charges are not, in accordance with this act, satisfied within beed for sale, thirty days, the person having said stock in charge shall adver and unpaid for within 30 adver OF THE GENERAL POLICE. tise the same at public sale, by not less than three written or printed notices posted for at least ten days previous to said Notices. sale, in three conspicuous places in the district in which the said stock was taken up, at the expiration of which time they shall proceed to sell the same, the proceeds of which sale, Sale. after deducting all just charges, shall be deposited with some Proceeds justice of the peace in said county, who shall hold the same deposited for one year, if no sooner claimed by some person who shall of peace, prove to his satisfaction that they are* the real owner of hold same said stock; if not so claimed, it shall be subject to and paid for one year. over on the order of the clerk of the school district in which If not said stock was taken up, to be devoted to the school purposes be paid over of said district. Passed at Dover, January 29, 1875. with justice who shall claimed, to to clerk of the school district. CHAPTER 66. OF STRAYS. AN ACT prohibiting live stock from running at large within certain limits in Broad Creek hundred, Sussex county, Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Unlawful for SECTION I. That it shall not be lawful, from and after the livestock passage of this act, for any live stock to run at large on the run at large highways or on unenclosed lands within the following limits certain in Broad Creek hundred, Sussex county, and State of Delaware, Broad Creek to wit, within the limits, beginning at Laurel Bridge and run-hundred, ning with the public road, through lands of Henry Clay Lewis, county. and lands known as the Lazarus Turner place, and until it intersects the public road leading from the village of Concord to John Chipman's saw mill, thence with said public road through the lands of Mary A. Collins and Benjamin F. Fooks and others, to Concord saw mill owned by Isaac S. and James W. Cannon, thence down with the waters of Deep Creek to the waters of Nanticoke river; thence with the waters of said within limits in Sussex So enrolled. Any person may take up pound stock LAWS OF DELAWARE. OF THE GENERAL POLICE. River, to the mouth of Broad Creek; thence up with the SECTION 2. It shall be lawful for any person within the said and im- limits and bounds, to take up any live stock running on the running at highways or unenclosed lands within the said limits and large. bounds and impound the same, and they shall have the right Compensa to demand and receive one dollar for every animal so taken tion. If damages sustained, justice of peace to appoint free• holders to estimate same. up, and twenty five cents per head for every day such animals SECTION 3. In case any damages have been sustained by reason of such stock running at large as aforesaid within said limits, upon the application of the person sustaining such damage, or their agent, to any justice of the peace of said county, the justice to whom such application shall be made, shall appoint three suitable freeholders of said county, and shall swear or affirm them faithfully to discharge their duty in the premises, to estimate such damages, and to make report of the same freeholders, in writing under their hands to the person sustaining said damage, and to the party impounding said stock, and the damages estimated and assessed by said freeholders, together with the legal charges for keeping said stock, and the fee for impounding the same, and a fee of one dollar to the justice, justholders. and a fee of one dollar to each of the freeholders aforesaid, Report o! Fee to and Stock shall be adver shall be paid by the person or persons claiming said stock to SECTION 4. That in case said stock is not claimed, and all tised for sale just charges, in accordance with this act, satisfied within thirty if not claimed within 30 days. Notices. days, the person having said stock in charge shall advertise said advertisement the person having the same in charge shall Sale may be proceed to sell the same, but the person having the same in tinued. charge may discontinue the sale and advertise said stock in Proceeds of the same manner as before directed, the proceeds of which sale depos sale, after deducting all legal charges, and one dollar for adconstable, to vertising, and five per cent. of the gross proceeds of said sale ited be held by him one year. for making said sale, shall be deposited with some constable < OF THE GENERAL POLICE. constable bond therefor, and who shall hold the same for one year if Liability of not sooner claimed by some person who shall prove to the and sureties. satisfaction of said constable that he is the real owner of said stock, but in case such person shall prove to the satisfaction of said constable, within the year aforesaid, that he was the real owner of said stock, then the said constable shall pay to such person the said residue of such gross proceeds after deducting the charges aforesaid. If not so claimed, it shall be sub- If not ject to and shall be paid over by said constable on the order proceeds to of the clerk of the school district in which said stock was be paid to taken up, to be devoted to the school purposes, of said districts school dis claimed, clerk of trict. by person such stock peace may freeholders the same. SECTION 5. That any person not having such stock in cus- If damages tody, who shall sustain any damage by reason of said stock be sustained running at large within said limits and bounds in said Broad not having Creek hundred, may apply to any justice of the peace, within in custody, the county, who shall appoint three suitable freeholders of justice of said county to estimate said damages, they being first sworn appoint or affirmed, who shall report to said justice in writing under to estimate their hands, or the hands of a majority of them, the amount of and report damages sustained,and to whom the same should be paid, and from whom due, if known, and the justice shall issue a sum-Summons. mons, directed to the sheriff of the said county or to any constable of said county, and the hearing, judgment and execu- Hearing, &c. tion thereon shall be in the same manner as all other proceedings in civil actions cognizable before justices of the peace, and the justice of the peace shall be entitled to a fee of one dollar Fee of justice for the appointment of the freeholders, and the freeholders freeholders. shall be entitled to a fee of one dollar each, and the justice shall, for issuing the summons and all subsequent proceedings, be entitled to the same fees as are now allowed by law in civil cases cognizable before justices of the peace, and the Fees of sheriff, constable and witnesses shall be allowed the same fees stable and and sheriff, con witnesses. as are now allowed by law in civil cases. Passed at Dover, February 4, 1875. |
