2305. Failure to report sheep with scab misdemeanor.

SEC. 8. Any person or persons owning or having under their control any sheep which are infected with scab or other contagious disease for a period of fifteen days, without reporting the same to the inspector, in writing, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than two hundred and fifty dollars. Upon such notice, the inspector shall proceed as provided in section 5 of this act. Any person, company or corporation violating any of the provisions of this act shall be liable in a civil action for all damages sustained by any other person, company or corporation in consequence of such violation. 2306. Persons having interest jointly and severally liable-Herder to give information-Misdemeanor.

SEC. 9. In any proceedings arising under the provisions of this act all persons having any interest in sheep concerning which said proceedings is had, shall be deemed the owners of such sheep, and such owners shall be liable severally and jointly for violations of this act. Any herder, shepherd or other person in charge of sheep, or who shall wilfully refuse to give an inspector information as to the condition of sheep in his charge shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

2307. Prosecutions may be made, how.

SEC. 10. The provisions of this act requiring sheep inspectors to prosecute for violation of its provisions shall not be so construed as to prevent such prosecutions from being commenced and prosecuted by other persons, as in other criminal actions.

2308. Permit to move from county to county to be obtained.

SEC. 11. Any person, company, or corporation shall, before moving any sheep from one county to another in this state, first obtain from an inspector a traveling permit; and any violation of this section shall be deemed a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.

2309. Certificate for transportation.

SEC. 12. It shall be unlawful for any person, company, or corporation. owning, controlling or managing any railroad car, or other thing used for transportation, to allow any sheep to be carried thereon unless the party in charge of said sheep shall first produce a certificate (which shall not have been issued more than thirty days prior to the date upon which said sheep shall be shipped or transported) from an inspector appointed under this act, or of an act amendatory to this act, that said sheep are free from scab, scabbies, and infectious and contagious diseases. Any violation of this section shall be deemed a misdemeanor, and any person, company, or corporation violating any of its provisions shall be fined in a sum not less than one hundred nor more than two hundred and fifty dollars.

2310. Penalty for having in possession scabby sheep.

SEC. 13. Any person, company, or corporation, who shall own or have in his or their possession any sheep or band or herd of sheep affected with any contagious or infectious disease, knowing such sheep to be so affected, or after having received notice that said sheep are so affected, who shall permit such sheep to run at large, or who shall keep such sheep where other sheep not affected with such disease shall be exposed to such contagious or

infectious disease, or who shall sell, trade, or give away such sheep, without first informing the party to whom the sheep are sold, traded, or given, that such sheep are diseased, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than two hundred dollars nor more than five hundred dollars.

2311. False charges, liability for making.

SEC. 14. If any person or persons shall make complaint against another person, company, or corporation for violation of any of the provisions of this act, and said information shall prove false, the person so informing shall pay all costs, damages, expenses and disbursements incurred by reason of such complaint.

2312. Act to be printed and distributed.

SEC. 15. The state printer is hereby authorized and directed to print five hundred copies of this act, in addition to the usual number printed, for the use of county officers as required by law, and the secretary of state is hereby directed to distribute the same to the several county assessors of this state as he may deem proper. The said additional copies herein provided for shall be furnished to owners of sheep on application, free of charge.

An Act supplemental to an act entitled "An act to amend an act entitled 'An act to prevent the dissemination of contagious diseases among sheep; to provide for the appointment of sheep inspectors in the several counties of this state, and to define their duties and compensation,' approved February 23, 1893," approved March 6, 1899.

Approved March 21, 1901, 113

2313. Inspector to collect fees-When paid.

SECTION 1. The inspector of sheep in any county of this state where sheep are inspected shall collect the fees for such inspection in two annual installments; the first installment to be paid prior to the thirtieth day of June, and the second installment to be paid prior to the thirty-first day of December of each year.

2314. Sheep, when dipped.

SEC. 2. It is hereby made compulsory on the part of any person or persons owning or controlling sheep in this state, between the first day of July and the first day of December in each year, where scab is visible, to dip the infected sheep twice at interval of from ten to fourteen days.

2315. Sheep from other states.

SEC. 3. Any person or persons owning or controlling sheep and driving or bringing them into this state from any state, shall without delay, on entering this state, notify the nearest sheep inspector of their presence, with sheep, within this state.

See sec. 2300.

2316. Duty of inspectors-Expenses, sale to pay.

SEC. 4. The sheep inspectors of the several counties of this state are hereby authorized, empowered and instructed that, on the neglect or refusal of any person or persons owning or controlling sheep to comply with the provisions of this act in respect to the dipping of infected sheep, to dip or cause to be dipped said infected sheep, the expenses of which shall be a charge against the band of sheep so infected, and unless the claim or demand is otherwise liquidated, the sheep inspector shall sell to the highest bidder a sufficient number of sheep from out the infected band to satisfy the claim.

An Act to prohibit herding or grazing of sheep within three miles of
any town or village.

Approved March 2, 1901, 37

2317. Unlawful to herd within three miles of town.

SECTION 1. It shall be unlawful for any person to herd or cause to be herded or grazed, any number of sheep on any unoccupied land within a radius of three miles of the postoffice of any town or village that has a population of fifty or more persons; provided, that this shall not apply to sheep driven to railroad to be shipped or sheared.

2318. Idem-A misdemeanor-Punishment.

SEC. 2. Any person who, for himself, or as agent or employee of any other person, firm, corporation, company or association, shall violate the provisions of section 1 of this act shall be deemed guilty of a misdemeanor and shall upon conviction thereof, be punished by a fine in any sum not less than fifty dollars nor more than two hundred dollars for each and every offense, or by imprisonment in the county jail for a period of not less than twentyfive days nor more than one hundred days, or by both such fine and imprisonment as the courts may order.

An Act in relation to herding, grazing and driving of sheep.

Approved March 29, 1907, 427

2319. Prohibited from grazing on lands of others or within one mile of ranch house.

SECTION 1. It is not lawful for any person owning or having charge of sheep to herd the same, or permit them to be herded, on the land or possessory claims of other persons, or to herd the same or permit them to be grazed within one mile of a bona fide home or bona fide ranch house; provided, that nothing in this act shall prevent the owners from herding or grazing their sheep on their own lands; and provided further, that nothing in this act shall be so construed as to prevent sheep being driven along any public highway. 2320. Penalty for violation-Damages.

SEC. 2. The owner or agent of such owner of sheep violating the provisions of section 1 of this act, on complaint of the party or parties injured before any justice of the peace for the precinct where either of the interested parties may reside, is liable to the party injured for all damages sustained, and if the trespass be repeated is liable to the party or parties injured for the second and every subsequent offense in double the amount of damages sustained.

2321. Sheep, when deemed estrays.

SEC. 3. When the owner or agents of such owner of sheep found trespassing upon the land or possessory claims of another, is unknown to the party or parties injured by such trespass, all sheep so trespassing may be treated as estrays.

An Act to prohibit swine from running at large and being free commoners.

Approved March 2, 1885, 50

2322. Swine not to be free commoners.

SECTION 1. It shall be unlawful for any person or persons, who are the owner or owners, or who may have charge of any swine within this state, to allow them to run at large and be free commoners.

2323. Owners of swine responsible for twice the value of property destroyed.

SEC. 2. Any swine belonging to any person or persons, or under the charge of any person or persons, that shall break into any yard, flower or vegetable garden, or in 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, such person or persons, owner or owners, shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed.

2324. Actions tried, where.

SEC. 3. All actions for damages arising under the provisions of this act shall be tried and determined in the court having jurisdiction thereof, as in other cases made and provided.

An Act entitled "An act to make it unlawful for the owner or owners of swine, goat or goats to allow them to run at large during a certain period of each year, from and after the approval of this act."

Approved February 19, 1879, 42

2325. Goats and swine prohibited to run at large during certain season. SECTION 1. It shall be unlawful, from and after the passage of this act, for any person or persons, who are the owner or owners, or who may have charge of any swine, goat 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 tenth day of November of each and every year. But the intervening period between the tenth day of November to the first day of March of each year, such swine, goat or goats, may be free commoners.

2326. Owners subject to damages-Amount of damages.

SEC. 2. Any swine, goat or goats, belonging to any person or persons, that shall break into any yard, flower or vegetable 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 1 of this act, such owner or owners shall be subject to such damages as shall be equal to twice the value of the property broken into, eaten up or destroyed. 2327. Actions, where tried.

SEC. 3. All actions for damages arising, under the provisions of this act shall be tried and determined in the court having jurisdiction thereof, as in other causes made and provided.

An Act relating to trespass of swine, sheep, and goats.

Approved March 5, 1885, 67

2328. Unlawful for swine, goats or sheep to run at large in city or town limits.

SECTION 1. It shall be unlawful for any swine, sheep, goat or goats, to run at large, or the owner or owners, or any person or persons, having in charge any swine, sheep, goat or goats, to permit or allow them to run at large within the ordinary limits of any city or town of this state, during any period of the year. Said ordinary limits shall be defined as follows: Within an incorporated city or town the limits shall be as defined in said incorporated clause or clauses; and within a town or city not incorporated in this state, the said ordinary

limits shall be defined as follows: Within such city or town, which contains one hundred or more inhabitants, the said limits shall be defined as being within a radius of one mile, radiating from the postoffice of said city or town. 2329. Idem.

SEC. 2. It shall be the duty of any sheriff or constable, and the privilege of any citizen, of or in any town described in section 1 of this act, to impound any swine, sheep, goat, or goats. As amended, Stats. 1901, 46.

2330: Owners may be fined.

SEC. 3. The owner or owners, agent or agents, having jurisdiction over, or charge of, any swine, sheep, goat or goats, shall be fined five dollars for each and every violation of this act, and as much more as in the wisdom of the court having jurisdiction may deem a sufficient amount to cover all damages.

2331. Manner in which impounded animals may be sold-Escheats.

SEC. 4. Any constable, person or persons having in his charge, after they have been impounded, any swine, sheep, goat or goats, shall post a notice that such animal or animals are in his charge, and if not taken out by the owner will be sold. After the expiration of ten days the person having such animal or animals, and having given notice as aforesaid, shall post three written or printed notices in conspicuous places in the town or city where such animal or animals have been taken up, describing the same, giving all marks or brands, if any, and that such animal or animals will be sold by him to pay the charges that have and will have accrued against it, and costs. He shall sell to the highest bidder, and upon payment of the purchase money shall turn over to the buyer the animal or animals sold, and after deducting the damages and costs of sale, shall pay the balance, if any remains, into the county treasury, where it shall remain subject to the laws governing escheats.

An Act to prevent the trespassing of animals upon private property.

Approved December 12, 1862, 13

2332. Liability of owner of stock for trespass.

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.

2333. Animals not to be injured-Treated as estrays-Jurisdiction.

SEC. 2. If any owner or occupier of any grounds or crops trespassed upon, provided said ground be enclosed within a fence, by animals entering upon or breaking into his or their grounds, whether enclosed 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, for ten days, and if not applied for by the proper owner or owners before the expiration of ten days, the same may be posted under the estray laws of the state, and before restitution shall be had by the owner or owners of such animals, all damages done by them, as well