118 LAWS OF DELAWARE. Ualawful for any horse, cow, sheep, to run at large in OF THE GENERAL POLICE. CHAPTER 67. OF STRAYS. AN ACT prohibiting live stock from running at large within the limits of Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That from and after the passage of this act, it hog or goats shall not be lawful for any animal of the horse or cow kind, or any sheep, hogs or goats to run at large on the highways or on SchooNos6 unenclosed lands within the limits of School Districts Nos. 46 and 133, in and 133, in Sussex county. Sussex Dis Such live impounded by any person. county. SECTION 2. That it shall be lawful for any person within Sock may be the limits of said school districts, to take up any animal of taken up and the horse or cow kind, or any sheep, hogs or goats running at large, as aforesaid, within said limits, and impound the same ; and any person so taking up and impounding any animal as aforesaid, shall have the right to demand and receive one dollar for every animal so taken up, and shall also receive twenty-five cents per head for every day such animal or animals may be kept, and may retain the same until all legal charges are paid. Compensation. If damages a justice of peace may appoint to estimate and report same. SECTION 3. That in case any legal damages have been susbestened, tained by reason of any such animal running at large, as aforesaid, within said limits, upon the app'ication of the perfreeholders son or persons sustaining such damages, or their agent, to any justice of the peace in said county, three suitable freeholders of the said county shall be appointed by the justice of the peace to whom such application shall be made; who, having first been duly sworn or affirmed to faithfully discharge their duties in the premises, shall estimate such damages, and make report of the same in writing, under their hands, or the hands of a majority of them, to the person sustaining such damages, and to the party impounding such animal. The damages estimated and assessed by said freeholders, together with the legal charges for impounding and keeping such animal, and a freeholders. fee of one dollar to the justice of the peace, and a fee of one dollar to each of said freeholders, shall be paid by the person or persons claiming such animal, to the parties severally entitled thereto, before such animal shall be delivered to him or them so claiming it. Fec to justice and SECTION 4. That in case any such animal be not claimed, OF THE GENERAL POLICE. advertised for claimed with discon and all just charges, in accordance with this act, satisfied Stock to be within twenty days from said impounding, the person having sale, if not such animal in charge shall advertise the same to be sold at inda public sale, by not less than three written or printed notices posted in three public places in the district in which said Notices. stock was taken up, at least ten days before the day of sale, fixing the time and place of said sale. A copy of said notice shall be delivered to the owner of such animal, if known, or at his place of abode, if known, and at the time fixed in said advertisements, the person having such animal in charge shall proceed to sell the same; but the person having such animal in charge may discontinue the sale, and advertise again as afore-Sale may be said. The proceeds of any such sale, after deducting all legal tinued charges, and one dollar for advertising, and five per centum of the gross proceeds for making said sale, shall be deposited with Proceeds to some constable of said county, who, with his sureties, shall be ited with responsible therefor on his official bond, and shall hold the constable to same for one year, if not sooner claimed by some person who year. shall satisfactorily prove to said constable that he is the Liability of real owner of said animal; but in case such person within a constable year, as aforesaid, shall prove, as provided above, that he was the real owner of such animal, then the said constable shall pay to such person the residue of such gross proceeds, after deducting the charges as aforesaid. If not so claimed, the If not said residue, after deducting said charges, shall be subject to, be paid to and paid over by, said constable on the order of the clerk of clerk of the school district in which said animal was taken up, to be district. devoted to school purposes in said district. be depos be held one and sureties. claimed, to school be not having in custody, three free report same. SECTION 5. That any person not having such animal in If damages custody, who shall sustain any damages by reason of said by persons animal running at large within said limits, may apply to any such stock justice of the peace within the county, who shall appoint justice three suitable freeholders of the said county to estimate said appoint damages, who, first having been duly sworn or affirmed, shall holders to report to the said justice of the peace in writing, under their estimate and hands, or the hands of a majority of them, the amount of damages so sustained, and to whom the same should be paid, and from whom due, if known, and the justice of the peace shall issue a summons directed to the sheriff of said county, or Summons. to any constable of said county, and the hearing, judgment Proceed and execution thereon, shall be in the same manner as all ings. other proceedings in civil actions cognizable before justices of the peace; and the justice of the peace shall be entitled to Fees of a fee of one dollar for the appointment of the freeholders, justice and and the freeholders shall be entitled to a fee of one dollar each, and the justice of the peace shall, for issuing the sum OF THE GENERAL POLICE. mons 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 sheriff, constable and witnesses shall be allowed the same fees as are now allowed by law in civil cases for the performance by them of similar duties. SECTION 6. That any person or persons who shall willfully, by force, or otherwise, unlawfully take, or procure to be taken from the place of impounding, any animal taken up and impounded as hereinbefore provided, shall, upon complaint made and filed with any justice of the peace in said county, (the person making such complaint having first been duly sworn or affirmed,) be tried by said justice of the peace, and if, after a hearing, he shall be found guilty of said offence, he shall be fined by the said justice of the peace in the sum of five dollars, one half for the use of the person making such complaint, and the other half for the use of the school district in which said animal may be taken up and impounded. The said fine shall be collected in the same manner, and the costs shall be the same, as is by law provided for the collection of other fines imposed by justices of the peace. Passed at Dover, February 5, 1875. CHAPTER 68. Unlawful stock to run at large in School District No. Castle 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 General Assembly met, SECTION 1. That it shall not be lawful from and after the passage of this act, for any live stock to run on the highways in School District No. 49, New Castle county. SECTION 2. It shall be lawful for any person in said school impounded district, to take up any live stock running on the highways in said district and impound the same, and they shall have the May be person. OF THE GENERAL POLICE. right to demand and impound the same, and they shall have the right to demand and receive one dollar for every animal so taken up, and twenty-five cents per head for every day such Compenanimals are kept, and may retain the same until all legal sation. charges are paid. justice of appoint holders to SECTION 3. In case any damages may have been sustained If damages by reason of such stock running at large, any justice of the be sustained, peace of the county may appoint three suitable freeholders to peace to estimate said damages, which, together with the legal charges three freefor keeping said stock, shall be paid by the person claiming estimate the same. Before said stock is delivered, he shall also pay a same. fee of one dollar to the justice, and a fee of one dollar to each Fees of of the freeholders appointed by the justice. justice and freeholders. advertised for claimed with Notices. SECTION 4. In case said stock is not claimed, and all just Stock to be charges are not, in accordance with this act, satisfied within sale, if not thirty days, the person having said stock in charge shall adver- in 30 days. tise the same at public sale, by not less than five written or printed notices posted for at least ten days previous to said sale, in five conspicuous places in the district in which said stock was taken up, at the expiration of which time, they shall proceed to sell the same, the proceeds of which sale, after Proceeds to deducting all just claims or charges, shall be deposited with be deposited some justice of the peace in said county, who shall hold the justice of same for one year, if no sooner claimed by some person who peace for shall prove to his satisfaction that they are* the real owner of said stock; if not so claimed, it shall be subject to and paid over on the order of the clerk of the school district in which If unclaimed, said stock was taken up, to be used tot the school purposes of clerk of said district. with some one year. to be paid to school district. Passed at Dover, February 9, 1875. * So enrolled. ↑ So enrolled. Unlawful for live stock to run at large in School OF THE GENERAL POLICE. CHAPTER 69. OF STRAYS. AN ACT entitled an act to prevent live stock from running at large in School Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That from and after the passage of this act, it shall not be lawful for any live stock to run at large on the Norstand highways or unenclosed premises within the limits of School Districts 148, in Sussex county. May be impounded by any person. Districts Nos. 51 and 148, in Sussex county. SECTION 2. That it shall be lawful for any person in the taken up and said school districts to take up any live stock running at large on the highway or unenclosed premises within said districts and impound the same, and they shall have the right to demand and receive one dollar for every animal so taken up and impounded, and twenty five cents per head for each day such Compensa animals are kept, and may retain the same until all legal tion. If damages justice of peace to appoint freeholders to estimate same. charges are paid. SECTION 3. In case any damages may have been sustained be sustained, by reason of such stock running at large upon the highways or unenclosed lands, upon the application of the person sustaining any damage, or their agent, to any justice of the peace of the county, he shall appoint three suitable freeholders to estimate the damages, which, together with the legal charges for keeping said stock and the fee for impounding the same, and the fee of one dollar to the justice, and a fee of one dollar to each of the freeholders appointed by the justice, shall be freeholders. paid by the person claiming the same, before the same is delivered. Fees of justice and Stock to be SECTION 4. That in case said stock is not claimed, and all advertised for just charges, in accordance with this act, satisfied within twensale if un- ty days from said impounding, the person having said stock in twenty days. charge shall advertise the same to be sold at public sale, by claimed for Notices. not less than three written or printed notices posted in three public places in the district in which said stock was taken up, at least ten days before the day of sale, fixing the time and place of said sale, and a copy of said notice shall be delivered to the owner, if known, or at his place of abode, if known, and at the time fixed in said advertisement they shall proceed to sell the same, but the person having the same in charge may discontinued discontinue the sale and re-advertise said stock in the same Sale may be |