ONE HUNDRED THOUSAND FACTS FOR THE PEOPLE. 475 



fuse or neglect to build or maintain his 

 share the other may do so and recover 

 the value. Three days' notice to repair 

 is sufficient. The sufficiency of a fence is 

 to be determined by three disinterested 

 householders. 



LAWS, STOCK, for Each State.— In a 

 majority of the States there are general 

 laws prohibiting cattle and other stock 

 from running at large ; in some instances, 

 however, authority is delegated to coun- 

 ties or towns to make by-laws upon the 

 subject, or there is special legislation for 

 particular counties or districts. The law 

 cf estrays differs in the various States in 

 no essential particulars. If a beast is 

 found running at large, in violation of 

 law, it may be taken up and impounded, 

 where public pounds have been provided ; 

 or it may be held by the person so taking 

 up on his own premises. If the owner is 

 known, notice must be given to him at 

 once ; if unknown, the animal must be 

 advertised for a specified time; and no 

 owner claiming it, must be sold to the 

 highest bidder. The person taking up 

 the estray is entitled to a reasonable com- 

 pensation for maintaining the beast. In 

 some States, after a certain time, the 

 estray becomes the property of the per- 

 son taking it up, the prescribed legal no- 

 tice having been given. When an ani- 

 mal is found doing damage on the land 

 of another, the fences being constructed 

 according to law, it may be held as secu- 

 rity for damages. In all cases where the 

 owner is known, he must be notified of 

 the facts, and a reasonable time allowed 

 him to leclaim and to inspect damages. 

 In the majority of the States, also, owners 

 of stock are required to adopt certain ear- 

 marks, marks, or brands, and to make a 

 record of them. 



Maine, New Hampshire and Vermont. 

 — In Maine and New Hampshire, towns 

 may make by-laws concerning the run- 

 ning of animals at large. The laws of 

 Maine provide that persons injured by 

 beasts may sue for damages, and distrain 

 the animal. New Hampshire allows 

 the owners of stock impounded for doing 

 damage four days to respond to notice of 

 the fact; and if he fails to answer, the 

 animals may be sold and the amount of 

 the damages deducted from the proceeds. 

 In Vermont, twenty days are allowed 

 for redemption. Ungelded animals are 



not allowed to run at large. Rams must 

 be restrained from August i to Decem- 

 ber i, and be marked with the initials of 

 the owner's name ; and if found at large, 

 a forfeit of $5 is due for each one taken 

 up to the person so taking up. The 

 owner of such animals is responsible for 

 all damages done by them. Sheep in- 

 fected with foot rot or scab must be dili- 

 gently restrained, and for all damages re- 

 sulting from neglect of this provision the 

 owner is responsible, and is also subject to 

 a fine of $10. Any person finding such 

 diseased animals at large, may take them 

 as forfeit, and no action at law or in 

 equity will lie for their recovery. Any 

 person who shall drive, or in any manner 

 bring, into the State any neat cattle, 

 knowing them, or any of them, to have 

 the pleuro-pneumonia, or of having been 

 exposed to that disease, is liable to a for- 

 feit of a sum not over $500, or to im- 

 prisonment in a county jail for not more 

 than twelve months, nor less than one 

 month. Towns may establish regula- 

 tions, appoint officers or agents, and raise 

 and appropriate money for the purpose of 

 preventing and arresting the spread of 

 pleuro-pneumonia. » ■ 



Massachusetts. — The laws of Massa-' 

 chusetts provide that when a person is 

 injured in his crops or other property by 

 sheep, swine, horses, mules, or neat cat- 

 tle, he may recover damages in an action 

 of tort against the owner of the beasts, or 

 by distraining the beasts doing the dam- 

 age ; but if the beasts were lawfully on 

 the adjoining lands, and escaped there- 

 from in consequence of the neglect of the 

 person who suffered the damage to main- 

 tain his part of the division fence, the 

 owner of the beasts shall not be liable for 

 such damages. The selectmen of towns- 

 and the mayor and aldermen of cities, in 

 case of the existence of pleuro-pneumonia. 

 or any other contagious disease among 

 cattle, shall cause the infected animals or 

 those exposed to infection to be secured 

 in some suitable place or places, and 

 kept isolated, the expense of keeping to 

 be paid, one-fifth by city or town, and 

 four-fifths by the State. They may pro- 

 hibit the departure of cattle trom any in- 

 closure, or exclude them therefrom; may 

 make rules in writing to regulate or pro- 

 hibit the passage of any neat cattle to or 

 through their respective cities or towns,. 



