122 THE LUNG PLAGUE OF CATTLE. 



SEC. 5. Said selectmen and mayor and aldermen may make, regulations in writing 

 to regulate or prohibit the passage from, to, or through tneii respective cities ortowns. 

 or from place to place within the same, of any neat cattle, and may arrest and detain, 

 at tin- cost of the owners thereof, all cattle found passing in violation of said regula- 

 tions, and may take all other necessary measures for the enforcement of such prohibi- 

 tion, and also lor preventing the spread of any such disease among the cattle in their 

 respective towns and cities, and the immediate vicinity thereof. 



SEC. 7. Said selectmen and mayor and aldermen are authorized to cause all cattle 

 infected with such disease, or which have been exposed thereto, to be forthwith 

 branded upon the rump with the letter P, so as to distinguish the animal from other 

 cattle ; and no cattle so branded shall be sold or disposed of except with the knowl- 

 edge and consent of such selectmen and mayor and aldermen. Any person, without 

 such knowledge and consent, selling or disposing of an animal so branded, or selling 

 or disposing of an animal known to be affected with such disease, or known to have 

 been exposed thereto within one year previous to such sale or disposal, shall be pun- 

 ished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding 

 one year. 



SEC. 8. Any person disobeying the orders of the selectmen or mayor and aldermen, 

 made in conformity with the fourth section, or driving or transporting any neat cat- 

 tle contrary to the regulations made, recorded, and published as aforesaid, shall be 

 punished by a fine not exceeding five hundred dollars, or by imprisonment not ex- 

 ceeding one year. 



SEC. 9. Whoever knows or has reason to suspect the existence of any such disease 

 among the cattle in his possession or under his care, shall forthwith give notice to the 

 selectmen of the town or mayoiaud aldermen of the city where such cattle may be 

 kept, and for failure so to do shall be punished by a fine not exceeding five hundred 

 dollars, or by imprisonment not exceeding one year. 



SEC. 10. Any town or city whose officers shall neglect or refuse to carry into effect 

 the provisions of sections one, tw r o, three, four, five, six, and seven shall forfeit a sum 

 not exceeding five hundred dollars for each day's neglect. 



SEC. 11. All appraisals made under the provisions of this act shall be in writing 

 and signed by the appraisers, and the same shall be certified to the governor and 

 council and to the treasurer of the several cities and towns wherein the cattle appraised 

 were kept by the selectmen, and mayors and aldermen, respectively. 



SEC. 12. The selectmen of towns, and mayor and aldermen of cities, are hereby 

 authorized, when in their judgment it shall be necessary to carry into effect the pur- 

 poses of this act, to take and hold possession, for a term not exceeding one year, 

 within their respective towns and cities, of any land, without buildings other than 

 barns thereon, upon w r hich it may be necessary to enclose and isolate any cattle, and 

 they shall cause the damages sustained by the owner in consequence of such taking 

 and holding to be appraised by the assessors of the town or city wherein the lands so 

 taken are situated ; and they shall further cause a description of such land, setting 

 forth the boundaries thereof, and the area as nearly as may be estimated, together 

 with said appraisal by the assessors, to be entered on' the records of the town or city. 

 The amount of said appraisal shall be paid as provided in the first section, in such 

 sums and at such times as the selectmen or mayor and aldermen, respectively, may 

 order. If the owner of any land so taken shall be dissatisfied with the appraisal of 

 said assessors, he may by action of contract recover of the town or city wherein the 

 lands lie a fair compensation for the damages sustained by him ; but no costs shall be 

 taxed, unless the damages recovered in such action, exclusive of interest, exceed the 

 appraisal of the assessors, and the Commonwealth shall reimburse any town or city 

 four-fifths of any sum recovered of such town or city in any such action. 



(1860. Chapter 221.) 

 AN ACT in addition to au act concerning contagious diseases among cattle. 



SECTION 1. In addition to the commissioners appointed under the provisions of 

 chapter one hundred and ninety-two of the acts of the year one thousand eight 

 hundred and sixty, the governor, by and wdth the advice and consent of the council, 

 is hereby authorized to appoint two additional persons to constitute, with those now 

 in office, a board of commissioners upon the subject of pleuro -pneumonia, or any 

 other contagious disease now existing among the cattle of the Commonwealth. 



SEC. 2. When said commissioners shall make and publish any regulations concern- 

 ing the extirpation, cure, or treatment of cattle infected with, or which have been 

 exposed to, the disease of pleuro-pneumonia, or other contagious disease, such regu- 

 lations shall supersede the regulations made by selectmen of towns and mayors and 

 aldermen of cities upon the same subject-matter; and the operations of the regula- 

 tions made by such selectmen and mayors and aldermen shall be suspended during 

 the time those made by the commissioners as aforesaid shall be in force. And said 



