Proceeds to stable for manner as before directed; the proceeds of said sale, after deducting all legal charges, and one dollar for advertising, and five per cent. of the gross proceeds for making said sales,shall be deposited with some constable of the county, who, together be deposited with his securities, shall be held responsible for the same on with conhis official bond, who shall hold the same for one year if not one year. sooner claimed by some person who shall prove to his satisLiability of faction that they are the real owners of said stock, if not so constable and claimed it shall be subject to and paid over on the order the clerk of the school district in which said stock taken, to be devoted to the school purposes of said trict. of securities. If not was claimed, to dis- be paid to clerk of school dis trict. be sustained by person such stock appoint to estimate SECTION 5. That any person not having said stock in cus- If damages tody, sustaining any damage by reason of such stock running at large upon the highways or unenclosed premises, within not having said Districts Nos. 51 and 148, aforesaid, may apply to any in custody, justice of the peace within the county, who shall appoint justice to three suitable freeholders to estimate said damages, who shall freeholders report to said justice in writing under their hands, or a major- same, and ity of them, the amount of damages estimated, and to whom make report. the same should be paid, and from whom due, and the justice shall issue a summons directed to the sheriff of the county, Summons or to any constable of the county, and the hearing, judgment and proand execution thereon shall be in the same manner as all other proceedings in civil actions cognizable before justices of the peace; and the justice of the peace shall be entitled to a fee of one dollar for the appointment of the freeholders, and the freeholders shall be entitled to a fee of one dollar each, Fees of and the justice shall, for issuing the summons, and all subse-justice, freequent proceedings, be entitled to the same fees as are now other allowed by law in civil cases cognizable before justices of the peace, and the sheriff, constable and witnesses shall be allowed the same fees as are now allowed by law in civil cases. Passed at Dover, February 11, 1875. ceedings. offieers. OF THE GENERAL POLICE. CHAPTER 70. OF STRAYS. Unlawful for live stock to in School AN ACT to prevent stock from running at large in School District No. 56, Be it enacted by the Senate and House of Representatives of SECTION 1. That from and after the passage of this act it run at large shall not be lawful for any live stock to run on the highways District No. within the limits of School District No. 56, in New Castle county. 56, in New Castle county. May be taken up and im pounded by any person Compensation. Proviso. If damages be sustained, justice of peace may SECTION 2. That it shall be lawful for any person in the said school district to take up any live stock running on the highways in said district and impound the same, and they shall have the right to demand and receive one dollar for every animal so taken up, and twenty five cents per head for every day such animals are kept, and may retain the same until all legal charges are paid; provided, that this section shall not apply to live stock that is under the care and control of a herdsman. SECTION 3. That in case any damages may have been sustained by reason of stock running at large, any justice of the peace of the county, may, upon the application of the person appoint free- damaged, appoint three suitable freeholders to estimate the said damages, which, together with the legal charges for keeping said stock, shall be paid by the person claiming the same, before the same is delivered. holders to estimate same. Stock to be for sale, if Notices. SECTION 4. That in case the said stock is not claimed, and advertised all just charges are* in accordance with this act, satisfied withunclaimed in thirty days, the person having said stock in charge shall for 30 days. advertise the same at public sale, by not less than three written or printed notices posted for at least ten days previous to said sale, in three conspicuous places in the district in which said. stock was taken up, at the expiration of which time they shall Proceeds to proceed to sell the same; the proceeds of which sale, after be deposited deducting all just charges, shall be deposited with some justice of the peace, in said county, who shall hold the same for one year, if not sooner claimed by some person who shall prove to the satisfaction of the justice that they are the real owner of said stock; if not so claimed, it shall be subject to and paid with some justice for one year. *So enrolled, OF THE GENERAL POLICE. to be paid to over on the order of the clerk of the school district in which If unclaimed said stock was taken up, to be devoted to the school purposes clerk of of said district. school district. SECTION 5. That nothing in this act shall be construed to Nothing in prevent any person from proceeding with such cattle or other this act to stock, as provided in the general law concerning estrays. Passed at Dover, February 15, 1875. conflict with general law concerning strays. CHAPTER 71. OF STRAYS. AN ACT to restrain certain animals from running at large in School District No. 54, Pencader hundred, and that portion of district No. 43, lying in Pencader hundred, New Castle county. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Unlawful animal of horse kind SECTION 1. That no resident of School District No. 54, for certaln Pencader hundred, and that portion of School District No. 43, persons to lying in Pencader hundred, New Castle county, holding actual allow any possession in fee, by lease or otherwise, of five acres or more of the cow or land in said school districts, and no member of a family, the to run at head of which shall hold land as aforesaid, shall suffer any ani- large, within mal of the cow or horse kind, owned or held by such resident, limits in to pasture or run at large upon public roads of said school dis- hundred, tricts. certain Pencader New Castle county. suffer more than one SECTION 2. That no other resident of said school districts, Unlawful or but one member of the family of such resident, shall suffer persons to more than one animal of the cow or horse kind, owned or held by such resident, to pasture or run at large upon the public such animal roads of said districts. to run at large within said limits. any person SECTION 3. That no person shall suffer any animal of the Unlawful for cow or horse kind, owned or held by such person, to pasture or to suffer any run at large on the roads of said school districts, after notice such animal. in writing, signed by three or more land holders of the school large therein, to run at that such animal is OF THE GENERAL POLICE. after notice districts wherein said owner or holder resides, shall have been served, on said owner, either personally or by leaving the same at the residence of the party, to the effect that such animal is breachy and unfit to run at large. Penalty for y violation of this act. How recovered. SECTION 4. Every person willfully suffering animals to run at large contrary to the provisions of either of the foregoing sections of this act, shall be liable to a penalty of one dollar per head for each and every day such animal or animals do so run at large, to be recovered by suit before any justice of the peace of New Castle county,made by any party interested, one half said penalty to be paid to the prosecutor, and the other half to the road commissioners of the hundred of Pencader, and the owner or holder of such animal or animals running at for damages, large contrary to the provisions aforesaid, shall also be held in like manner for the benefit of the damaged party, provided said penalty or damages be sued for within twenty days after each transgression or trespass. To whom paid. Owner liable Proviso. Not to con flict with SECTION 5. Nothing in this act shall be construed to intergeneral stray fere with or prevent parties from proceeding with such animals as provided in the laws concerning strays. law. Passed at Dover, Feb. 15, 1875. CHAPTER 72. OF STRAYS. Unlawful for within AN ACT to prohibit live stock from running at large in School District No. 165, in Sussex county. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That it shall not be lawful from and after the live stock to passage of this act, for any live stock to run at large on the run at large public highways or unenclosed lands in that part of School certain limits District No. 165, in Sussex county, which lies on the east side District No. of the public road leading from John Chipman's mill to Concord. in School 165, in Sussex county. OF THE GENERAL POLICE. taken up and by any SECTION 2. It shall be lawful for any person within the said May be limits in said school district, to take up any live stock running impounded at large upon the public highways or unenclosed lands within person. the aforesaid limits, and impound the same, and they shall have the right to demand and receive the sum of one dollar for every Compensaanimal so taken up, and twenty-five cents per head for every day such animals are kept, and may retain the same until all the legal charges are paid. tion. be sustained, appoint to estimate SECTION 3. That in case any damages may have been sus- If damages tained by reason of such stock running at large upon the a justice of public highways or unenclosed lands within the aforesaid peace may limits, any justice of the peace in the said county, may appoint freeholders three suitable freeholders to estimate said damages, which, same. together with the legal charges for taking up and keeping said stock, shall be paid by the person claiming the same, together with one dollar to the justice of the peace, and one Fees to the dollar to each of the freeholders, before the same is delivered. justice and freeholders. advertised for 30 days. SECTION 4. That in case said stock is not claimed, and all Stock to be just charges not satisfied in accordance with this act, within sale, if not thirty days, the persons having said stock in charge shall claimed for advertise the same at public sale, by not less than three writ- Notices. ten or printed notices posted for at least ten days previous to said sale in three conspicuous places in said district in which said stock was taken up, at the expiration of which time they shall proceed to sell the same the proceeds of which sale, Proceeds to after deducting all just charges, shall be deposited with some with some constable in said county, who, together with his securities, shall be liable on his official bond, and who shall hold the same for one year, if not sooner claimed by some person who shall Liability of prove to the satisfaction of said constable, that they are the securities. real owners of said stock; if not so claimed, it shall be sub- If unclaimed, ject to and paid over on the order of the clerk of the school to be paid to district in which said stock was taken up, to be devoted to school disschool purposes in said district. constable for one year. constable and clerk of the trict. Passed at Dover, February 17, 1875. |