1860. 



XEAV ENGLAND FARMER, 



329 



TH3 EXTKA SESSIOZ^. 



The Massachusetts Legislature rose on Wednes- 

 day morning, June 13th, after a session of four- 

 teen days. The subject which called them togeth- 

 er was one of grave moment to the Commonwealth, 

 and they have acted quite as promptly, and prob- 

 ably as Avisely, as could be desired or expected. 

 The bills relating to the cattle disease, as the} 

 finally passed, we present below, and those who 

 peruse them Avill get some idea of the extent and 

 novel intricacy of the subject, and the necessity 

 of consistent, fair and efHcient, as well as speedy 

 action. "For our part," says the Journal, and we 

 copy their remarks as expressing our own opinion 

 in the m.atter, "we think the State deserves great 

 credit for the manner in which it has dealt with 

 this mysterious visitation upon our herds. The 

 course of the Commissioners is now generally ap- 

 proved. The Governor did Vr^ell to summon the 

 Legislature as soon as the extent of the evil be- 

 came clearly apparent ; and the members of the 

 two Houses have met their duties in a becoming 

 spirit. The appropriations have been liberal ; and 

 as to these two bills, time and experience only can 

 disclose wherein they are defective. They seem 

 to us to be the best, on the whole, that can be de- 

 vised in the present state of information on the 

 subject matter. We trust now that the towns and 

 all public officers will see that the provisions are 

 rigorously carried out." 



An Act 



Concerning Contagious Diseases among Cattle. 



Be it enacted by the Senate and House of Representatives, in 

 General Court assembled, and by the authority of the same, 

 as follows : 



Sect. 1. The Selectmen of towns and the Mayor and 

 Aldermen of cities, in case of the existence in this Com- 

 mouwcalth of the disease called plcuro-pncumoni;i, or 

 any otlicr contagious disease among cattle, shall cause 

 the cattle in their respective towns and cities, which 

 are infected, or which have been exposed to inlection, 

 to be secured or collected in some suitable place or 

 places within such city or town, and kept isolated ; 

 and, when taken from the possession of their owners, 

 to be maintained, one-fit'th of the cxpcn.se thereof to bo 

 paid Ity the town or city wherein the animal is kept, 

 and Ibur-lifths at the expense of the Commonwealth, 

 such isolation to continue so long as the existence of 

 such disease, or other circumstances, renders the same 

 necessary. 



Sect. 2. Said Selectmen or Mayor and Aldermen, 

 when any such animal is adjudged hj a veterinary 

 surgeon or physician, by them selected, to be infected 

 with plcuro-pncumonia, or any other contagious dis- 

 ease, may, in their discretion, order such diseased .an- 

 imal to be forthwith killed and buried at the expense 

 of such town or city. 



Sect. 3. Said Selectmen and Mayor and Aldermen 

 shall cause all crittle -"/hii-h, in their opinion, i-honklbe 

 killed, to be appraised Ijy Liirce Luiii[jcloni and disin- 

 terested men, under oath, at the value thereof at the 

 time of the appraisal, and the amount of the appraisal 

 shall be paid, as provided in the first section. 



Sect. 4. Said Selectmen, and Mayor and Aldermen 

 within their respective towns and cities, are hereby au- 

 thorized to prohibit the departure of cattle from any 

 enclosure, or to exclude cattle therefrom. 



Sect. 5. Said Selectmen and Mayor and Aldermen 

 may make regulations in ^Titing to regulate or prohib- 

 it the passage from, to, or through their respective 



cities, or towns, or from place to place within the same, 

 of any neat cattle, and may arrest and detain at the 

 c:.st of the owners thereof all cattle found passing in 

 violation of such regulations, and may take all other 

 ncce.-sary measures for the enforcement of such prohi- 

 Ijiiion, and, also, for preventing the spread of any such 

 disease among the cattle in their respective towns and 

 cities, and the immediate vicinity thereof. 



Sect. 6. The regulations made by Selectmen and 

 Mayors and Aldermen, in pursuance of the foregoing 

 section, shall be recorded upon the records of ''their 

 towns and cities respectively, and shall be published 

 in such towns'and cities in such manner as may be 

 provided in such regulations. 



Sect. 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 Avith the letter P, :,o 

 as to distinguish the animal from other healthy cattle ; 

 and no cattle so branded shall be sold or disposed of 

 except with the knowledge and consent of such Select- 

 men and Mayor and Aldermen. Any person, without 

 such knowledge or consent, selling or disposing of an 

 animal so branded, or selling or disposing of an ani- 

 mal known to be atrected with such disease, or known 

 to have been exposed thereto within one year previous 

 to such sale, or disposal, shall be punished by a line 

 not exceeding five hundred dollars, or by imprison- 

 ment not exceeding one year. 



Sect. 8. Any person disf )beying the orders of the Se- 

 lectmen or Mayor and Aldermen, made in conformity 

 with the fourth section, or driving or transporting any 

 neat cattle contrary to the regulations made, recorded 

 and publi.-hed as aforesaid, shall be puni-;hcd by line 

 not exceeding five hundi'cd dollars, or by imprisonment 

 not exceeding one year. 



Sect. 9. Whoever knows or has I'cason to suspect the 

 existence of any such disease among the cattle in his 

 possession, or under his care, shall forthwith give no- 

 tice to the Selectmen of the town, or Mayor and Alder- 

 men of the City where such cattle may be kept, audi 

 fur failure to do so shall be punished by fine not ex- • 

 ceeding five hundred dollars, or by imprisonment not 

 exceeding one year. 



Sect. 10. Any town or city whose officers shall ne-- 

 glect or refuse to carry into effect the pi'ovisions of sec- 

 tions one, two, three, four, five, six and seven, shalL 

 forfeit a sum not exceeding five hundred dollars fon- 

 each day's neglect. 



Sect. 11. All appraisals made under the provisions of: 

 this act shall Ijc in writing, and signed by the apprais- 

 ers, and the same shall be certified to the Governor and 

 Council, to the treasurer of the several cities and towns 

 wherein the cattle appraised were kept by the Select- 

 men and Mayors and Aldermen respectively. 



Sect. 12. The Selectmen of towns and Mayor and 

 Aldermen of cities are hereby authorized, when^ in 

 their judgment it shall be necessary to cany into effect 

 the piu-poscs of this act, to take and hold possession, 

 for a term not exceeding one year, within their respec- 

 tive towns and cities, of any laud, without buildings 

 other than Ixirns thereon, upon which it may be ne- 

 cessary to inclose and isolate any cattle, and they shall 

 cause the damages sustained I)y the owner in conse- 

 quence 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 de- 

 scription of such land, setting forth the boundaries 

 thereof, and the area as nearly as may be estimated, to- 

 gether with said appraisal by the assessors, to be en- 

 tered 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 Select- 

 men or Mayor and Aldermen respectively may order. 

 If the owner of any land so taken shall be dissatisfied 

 wiLh the appraisal of said assessors, he may by action 

 of contract recover of the toAvm or city wherein the 

 lands lie a fair compensation for the damages sustained 

 by him ; but no costs shall be taxed, unless the dama- 

 ges recovered in such action, exclusive of interest, ex- 

 ceed the appraisal of the assessors. And the Common- 

 wealth shall reimburse any town or city four-fifths of 

 any sum recovered of such town or city in any such 

 action. 



Sect. 13. This act shall take effect from its passage. 



Approved, June 12, 1S60. 



