118 THE LUNG PLAGUE OF CATTLE. 



splenic, or Spanish fever. Any person violating any provision of this act shall on con- 

 viction be adjudged guilty of a misdemeanor, and shall be lined not less than one, 

 hundred and not more than one thousand dollars, and be imprisoned in the county 

 jail not less than thirty days, andnet more than one year. 



SEC. 2. That upon the arrest of any person or persons charged with the violation 

 of any of the provisions of this act, all cattle found in his or their possession shall, 

 during the arrest and trial of the offenders, be stopped and taken charge of by the 

 officer or person executing the warrant of arrest, to abide the judgment of the court 

 before whom the offender or offenders shall be tried. 



SEC. 3. That upon a complaint made to any sheriff within the State, by any citizen 

 thereof, that there are, within the county where said sheriff resides, wild or undo- 

 mesticated cattle infected or diseased with what is commonly known as Texas, splenic, 

 or Spanish fever, said sheriif shall forthwith take charge of said cattle and corral the 

 same, or otherwise prevent their running at large, until said complaint shall be inves- 

 tigated as hereinafter provided. 



SEC. 4. It shall be the duty of such sheriff, upon taking charge of any cattle as 

 provided in sections two and three of this act, to immediately give notice thereof to 

 any justice of the peace in his county; whereupon said justice shall immediately 

 summon three resident citizens of the county to forthwith appear before him for the 

 purpose of inspecting such cattle ; and when the persons so summoned, or other per- 

 sons summoned in their stead, shall appear, it shall be the duty of the justice to 

 administer to them an oath, in writing, that they will faithfully discharge their duties 

 as inspectors of the cattle aforesaid, and without delay make report to him of their 

 finding in the premises. 



SEC. 5. Upon taking the oath, as provided in section four of this act, said inspectors 

 shall immediately proceed to examine cattle so in the custody of the sheriff, and if upon 

 such examination they shall find the condition of the same to be such as to endanger 

 the health of other cattle in the vicinity by reason of probable contagion, they shall 

 immediately report their findings to the justice aforesaid in writing, and thereupon 

 the justice shall forthwith issue to the sheriff his order in writing, commanding him 

 to keep such cattle in his custody and under his control until the first day of Novem- 

 ber next ensuing ; and he may employ such assistance as may be required to properly 

 care for such cattle, keeping a correct and itemized account of all such services and 

 the cost thereof, as well as of all feed necessary to be used, and present a report thereof 

 to the commissioners of the county at their next regular session, and if found by them 

 to be correct and reasonable, they shall allow the same, and draw warrants upon the 

 county treasurer therefor ; and the sheriff shall be allowed for his services such com- 

 pensation as the commissioners shall deem reasonable, taking as a basis for their esti- 

 mate the fees allowed by law for similar services ; and the inspectors shall be allowed 

 in like manner for their services not to exceed two dollars per day, for ^ime actually 

 spent -in making the inspection, and ten cents per mile for every mile necessarily traveled 

 in the discharge of their duties. 



SEC. 6. That, in the trial of any person or persons charged with the violation of any 

 of the provisions of this act, proof that the cattle, of which such person or persons are 

 charged with driving, are Avild and of undomesticated habits, shall be taken as prima 

 facie evidence that said cattle are diseased with the disease known as Texas, splenic, 

 or Spanish fever. 



SEC. 7. Any person or persons who shall drive or cause to be driven into or through 

 any county in this State any of the cattle mentioned in section one of this act, in viola- 

 tion of this act, shall be liable to the party injured for all damages that may arise from 

 the communication of disease from the cattle so driven, to be recovered in civil action ; 

 , and the party so injured shall have a lien upon the cattle so driven. 



SEC. 8. Justices of the peace, within their respective counties, shall have criminal 

 jurisdiction in all cases arising under the provisions of this act. 



SEC. 9. It shall be the duty of the prosecuting attorney of the proper county to 

 prosecute on behalf of the State all criminal cases arising under this act. 



SEC. 10. Whenever any cattle are taken by the sheriff, or other officer, under the pro- 

 visions of this act, and sliall remain in his possession, he shall, on the first day of Novem- 

 ber thereafter, deliver the same to their owner or owners, or his or their agent or agents : 

 Provided, That before he shall deliver the same, all costs and expenses which have 

 accrued by reason of the taking and detaining of such cattle as hereinbefore provided 

 are paid into the county treasury ; and in case such costs and expenses axe not so paid 

 within ten days after said first day of November, the sheriff shall advertise in the same 

 manner as is by law provided in cases of sales of personal property that he will sell 

 such cattle, or such portion thereof as may be necessary to pay such costs and expenses ; 

 and at the time and place so advertised he shall proceed to sell as many of said cattle 

 as shall be necessary to pay such costs and expenses, and out of the proceeds of such 

 sale he shall pay such amount into the county treasury, retaining the costs of sale. 



SEC. 11. Nothing in this act shall be construed to conflict with the provisions of 



