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SEC. 7. Any person may, and every police officer or constable shall kill, or cause to be destroyed, all

dogs going at large, and not licensed and collared, ac- Fees for killing cording to the provisions of this chapter. And the dog not licensed. city council of any city, and the board of supervisors of any town, may at any time appoint one or more persons other than police officers or constables in any town or city, to kill, or cause to be killed, all dogs going at large, and not licensed or collared, according to the provisions of this chapter, and such appointed persons and officers, when not otherwise paid for their services, shall receive from the county treasury the sum of fifty cents for each dog so killed or destroyed, upon the presentation of his claim for such services, duly certified by the clerk of said city or town to the county auditor, who shall thereupon draw an order in favor of such person upon the treasurer of the county, and the treasurer shall pay the same out of any money which may have accumulated under the provisions of this act.

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may kill any dog.

SEC. 8. Any person may kill any dog that shall suddenly assault him while he is peaceably without the when a person enclosure of its owner or keeper, and any person may kill any dog that is found out of the enclosure or immediate care of its owner or keeper, worrying, wounding or killing any sheep, lambs, or other domestic animal.

sheep how recov

SEC. 9. Any person suffering loss by reason of the worrying, maiming or killing of his sheep, lambs or other domestic animals by a dog or dogs, not his or her own, may within four days after he has become cognizant of such loss, call upon the fence viewers of the Damage for killing town wherein such loss was sustained, to appraise, upon ered. examination and proof, the amount of loss and damage he has sustained by reason of such worrying, maiming or killing, and upon his presenting within thirty days from the date of said appraisal, the amount of said appraisal duly certified by said fence viewers, or a majority of them, to the auditor of the county, wherein the damage was done, the said auditor shall draw an order in favor of such person upon the treasurer of the county for the amount of such loss and appraisal, and also an order on said treasurer for the sum of two dollars in

Duty of Mayor, Aldermen and Supervisors.

covered.

favor of each fence viewer certifying to said appraisal, for his fees in attending to said appraisal, and the treasurer shall pay the same out of any money which may have accumulated under the provisions of this act. Provided, That the treasurer of any county shall at the time of the presentation of any such order find an amount of not less than ten dollars credited for the current year, under the provisions of this act, to the town wherein said person suffering loss resides. After such order has been drawn, the city or town or any resident of the county may sue on complaint before any justice of the peace of the proper county, or district judge of the proper district, and recover against the owner or keeper of the dog or dogs concerned in doing such damage, the full amount thereof, together with the costs of suit. Provided further, That no person shall be entitled to compensation for damages done to his sheep, lambs or other domestic animals, while running at large, contrary to town regulations concerning the same.

SEC. 10. The mayor and aldermen of each city, and the supervisors of each town, shall require all dogs not licensed and collared according to the foregoing provisions of this act, to be destroyed, and shall enforce all penalties herein provided. Any officer refusing or neglecting to perform any duty herein imposed upon him, shall be punished by a fine not exceeding twenty-five dollars, to be paid into the county treasury, to be credited by the county treasurer to the proper town or city with the other moneys accumulated under the provisions of this act.

SEC. 11. All fines, penalties and judgments provided for in this act may be recovered on complaint of Fines, &c., how re- any resident of the county, before any justice of the peace of the county, or district judge of the district where the offense was committed. And it shall also be the duty of the county attorney of each county, when applied to, to prosecute and recover all fines, penalties and judgments against any officer for refusing or neglecting to perform any duty imposed upon him by this act.

SEC. 12. All moneys remaining unexpended in the county treasury on the thirtieth day of April of each

accumulating.

year, accumulated under the provisions of this act, Disposition of fund shall be paid to the town or city treasurer of each town or city in proportion to the amount paid in, to be applied to the use of highways and bridges of said town or city.

SEC. 13. Chapter fifty-three of session laws of eighteen hundred and sixty, entitled "An act for the protection of sheep," and chapter eight of the session laws of eighteen hundred and sixty-two, an act entitled Repeal of former "An act to protect the wool-growing interests of the act. State by levying a tax on dogs," and chapter fifteen of the session laws of eighteen hundred and sixty-three, an act entitled "An act to license dogs, and for the pro. tection of sheep," together with all other acts or parts of acts not in conformity with this act, are hereby repealed.

SEC. 14.

This act shall take effect and be in force

from and after its passage.

Approved March 3, 1865.

CHAPTER XLIX.

An Act to amend sections seven and eleven of chapter thirteen of General Laws of Minnesota, for the year eighteen hundred and sixty-three, relating to estrays.

Box 1. Duty of Town Clerk when estray exceeds the value of ten dollars-fees of Town
Clerk.

2. When cstrays may be sold at public auction.

3. Penalty for person taking estray for non-compliance with provisions of this act; also
for Town Clerks or Register of Deeds.

4. Repeal of inconsistent acts.

5. When act to take effect.

Beitenacted by the Legislature of the State of Minnesota:

SECTION 1. That section seven of general laws of

March 2, 1863.

Duty of Town

of ten dollars

Minnesota for the year eighteen hundred and sixtythree, be and the same is amended to read as follows:

When the value of such estray shall exceed the sum of ten dollars, it shall be the duty of the town clerk to transmit by mail or otherwise forthwith, to the regClerk when estray ister of deeds of the county where such estray is deexceeds the value tained, a certified copy of the notice, and description fees of Town Clerk of the estray as on file in the office of the said town clerk. For which certificate the town clerk shall receive the sum of twenty-five cents, which shall be advanced by the person detaining such estray, together with the fee of fifty cents, which fee shall be forwarded by the town clerk to the register of deeds with the notice; and upon the receipt of said notice and description, with the fee accompanying it, it shall be the duty of the register of deeds to cause the notice and description to be recorded and put on file in his office, in a book kept for that purpose, to be designated as estray book; and shall be open to the inspection of the public. Provided, The register of deeds shall not be entitled to more than the sum of fifty cents for recording any estray notice and description, whether said notice includes a description of one or more animals.

SEC. 2. Section eleven of chapter thirteen of general laws of Minnesota, for the year eighteen hundred and sixty-three, shall be and is so amended [as] to read as follows:

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Section 11. If no owners shall appear and claim such estray, as provided for in the preceding sections of this act, it shall be lawful for the person detaining When estrays may such estray, to proceed to sell the same at public auc

be sold at public

auction.

tion to the highest bidder, by posting notices in three of the most public places in the town, at least twenty days previous to such sale. Provided, That if the value of such estray shall be less than twenty-five dollars, the estray shall be sold within three months from the date of filing the notice with the town clerk; And provided, The value of such estray shall be twenty-five dollars or upwards, then such estray shall be sold at the expiration of six months from the date of the filing of the notice with the register of deeds.

SEC. 3. Any person taking or detaining any estray who shall fail or neglect to comply with the provisions

compliance with

of this act, shall be subject to a fine of not less than Penalty for nonten or more than one hundred dollars or be imprisoned provisions of this in the county jail not less than ten days or more than act. three months; and the town clerk and register of deeds shall be subject to a like fine for a refusal or neglect to comply with their duties.

sistent acts.

SEC. 4. All acts or parts of acts inconsistent with Repeal of inconthis act are hereby repealed.

SEC. 5. This act shall take effect and be in force

in ninety days from and after its passage.

Approved March 2, 1865.

CHAPTER L.

An Act to provide for distraining beasts doing damage March 2, 1865. during the night time.

ACTION 1. Distraining of beasts doing damage in the night time.

2. May do so at any time before such beast shall escape from said lands.

& Duty of appraiser appointed to assess damages.

4. Appraisers to certify the amount of damages-fees.

4. May cause beast to be put in the nearest pound until damages and fees be paid.

6. Duty of poundmaster.

1. Provision in case no public pound-when beast may be redeemed-if owner bo known

to be notified.

& Disposition of proceeds arising from such sale.

9. Disposition of funds when not claimed by the owner.

10. Owner liable in an action at law if beasts are not distrained.

11. When owner of beast so distrained deemed guilty of a misdemeanor.

12. Repeal of inconsistent acts.

13 When act to take effect.

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

beasts doing dam

SECTION 1. It shall be lawful for the owner or oCcupant of lands to distrain all beasts doing damage Distraining of upon his or her lands during the night time, from eight o'clock in the evening until sunrise; and when any time. such distress shall be made, the person distraining shall

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