AN ACT for the protection of cattle against Texas, splenic, or Spanish fever. SECTION 1. Be it enacted by the legislative assembly of the Territory of Arizona: No person or persons shall, between the first day of April and the first day of December of any year, drive or cause to be driven into or through any county or part thereof in this Territory, or turn loose or cause to be turned upon or kept upon any highway, range, common, or inclosed pasture within this Territory any cattle capable of communicating or liable to impart what is known as Texas, splenic, or Span

ish fever.

Any person violating any provision of this act shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall for each offence be fined not less than one hundred dollars and not more than two thousand dollars, or be imprisoned in the county jail not less than thirty days and not more than one year, or by both such fine and imprisonment.

SEC. 2. No officer, agent, employé, servant, or other person connected with or employed in the business or operation of any railway, common carrier, or other transportation corporation, company, or association shall ship or cause or permit to be shipped, or transport or cause or permit to be transported by means of the transportation afforded by such common carrier, railway, or other transportation corporation, company, or association, or deliver to any consignee or other person, between the first day of April and the first day of December of any year, within this Territory, any cattle capable of communicating or liable to impart what is known as Texas, splenic, or Spanish fever.

Any officer, agent, employé, servant, or other person connected with or employed in the business or operation of any railway, common carrier, or other transportation corporation, company, or association violating any provision of this act shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall, for each offence, be fined not less than one hundred dollars or more than two thousand dollars, or be imprisoned in the county jail not less than thirty days and not more than one year, or by both such fine and imprisonment: Provided, That cattle in transit through this Territory on any railroad are not liable to the penalties attached to this act.

SEC. 3. It shall be the duty of any sheriff, under sheriff, deputy sheriff, or constable within this Territory, upon a complaint made to him by any citizen of the Territory, or otherwise having notice or knowledge that there are within the county where such officer resides cattle believed to be capable of communicating or liable to impart the disease known as Texas, splenic, or Spanish fever, to forthwith take charge of and retain such cattle under such temporary quarantine regulations as will prevent the communication of such disease, and make immediate report thereof to the live-stock sanitary commission; and such officer shall keep said cattle in custody as aforesaid until released by order of said live-stock sanitary commission; and no officer who shall take or detain any cattle under the provisions of this act shall be liable to the owner or owners of such cattle for any damages by reason of such taking or detention, or by reason of the performances of any other duty enjoined in this act.

SEC. 4. Whenever the live-stock sanitary commission shall determine that certain cattle within the Territory are capable of communicating or are liable to impart Texas, splenic, or Spanish fever, they shall issue an order to the sheriff or any constable of the county in which said cattle are found, commanding him to take and keep such cattle in his custody, subject to such quarantine regulations as they may prescribe, until the first day of December next ensuing, on which date they shall direct such officer to deliver said cattle to their owner or owners or his or their agent: Provided, however, That before any cattle so held shall be delivered as aforesaid, there shall be paid to said live-stock commission all the costs and expenses of taking, detaining, and holding said cattle; and in case such costs and expenses are not paid within ten days after the first day of December, the said officer 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 portions thereof as may be necessary to pay such costs and expenses, besides the expenses of the sale; and at the time and place so advertised he shall proceed to sell as many of said cattle as shall be necessary to pay off the costs and expenses and the expenses of the sale, and forthwith shall pay over to the owner of such cattle or his legal representative any amount so received in excess of the legal fees and expenses of such officer.

Any officer performing any of the duties enjoined in this section or in the next preceding section of this act shall receive the same compensation therefor as is prescribed by law for similar services, to be paid as other expenses of said live-stock sanitary commission are paid by law.

SEC. 5. Any person or persons, as is specified in section one of this act, or any officer, agent, employé, servant, or other person, as is specified in section two of

this act, violating any of the provisions of this act, shall be liable to any party injured through such violation for any damages that may thereby arise from the communication of Texas, splenic, or Spanish fever, to be recovered in a civil action; and the party so injured shall have a lien for such damages on the cattle so communicating the disease, such lien to be enforced in like manner as other liens may be enforced.

SEC. 6. In the trial of any person charged with the violation of any of the provisions of this act, and in the trial of any civil action brought to recover damages for the communication of Texas, splenic or Spanish fever, proof that the cattle which such person is charged with driving or keeping in violation of the law, or which are claimed to have communicated the said disease, were brought into this Territory between the first day of April and the first day of December of each year in which the offense was committed or such cause of action arose, from south of the thirty-seventh parallel of north latitude, shall be taken as prima facie evidence that such cattle were capable of communicating and liable to impart Texas, splenic or Spanish fever, within the meaning of this act, and that the owner or persons or person in charge of such cattle, had full knowledge and notice thereof at the time of the commission of the alleged offense: Provided, however, That if the owner or owners or person in charge of such cattle shall show by such certificate or certificates as shall hereafter be designated by the live-stock sanitary commission of this Territory that the said cattle have been kept since the first day of December of the previous year west of the east line of the Indian Territory and north of the thirtysixth parallel of north latitude, or west of the twenty-first meridian of longitude west from Washington, and north of the thirty-fourth parallel of north latitude, the provisions of this section shall not apply thereto: Provided further, That the provisions of this section shall not apply to any cattle shipped or driven from Sonora, Mexico.

SEC. 7. Whenever two or more persons shall, in violation of this act, at the same time or at different times during the same year drive or cause to be driven upon the same highway, range, common, or pasture, within this Territory any cattle capable of communicating or liable to impart Texas, splenic or Spanish fever, they shall be jointly and severally liable for all damages that may arise from the communication of such disease at any time thereafter during the same year to any native, domestic, or acclimated cattle that shall have been upon the same highway, range, common, or pasture so previously traveled over by such mentioned cattle.

SEC. 8. Justices of the peace within their respective counties shall have criminal jurisdiction in all cases 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 Territory, all criminal cases arising under this act. SEC. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

SEC. 11. This act shall take effect from and after its passage.
Approved March 10, 1887.

AN ACT to prevent the prevalance of diseases among sheep.

SECTION 1. Be it enacted by the legislative Assembly of the Territory of Arizona: Within thirty days after the passage of this act the governor of this Territory shall appoint an inspector of sheep in and for each of the counties of this Territory. Such inspector of sheep shall hold such office till the first day of January, 1889, and until his successor is duly appointed and qualified. On the first day of January, 1889, and every two years thereafter, the governor shall appoint such inspector of sheep, who shall hold such office until his successor is duly appointed and qualified. Each inspector of sheep shall be a resident of the county for which he is appointed, and shall be the owner of at least five hundred head of sheep, and shall be a practical sheep man. Before entering upon the discharge of his duties he shall execute a bond, payable to the Territory of Arizona, in the sum of $1,000, with at least two good and sufficient sureties, to be approved by the board of supervisors, conditioned for the faithful discharge of the duties of his office. Each inspector may appoint one or more deputies, for whose official acts he shall be responsible. It shall be the duty of such inspector, at any time, upon the affidavit of any citizen of his county having or owning any sheep, that sheep owned by or in charge of any other person are affected with scab, scabies, or any other contagious or infectious disease, and that such owner or other person has been notified of the fact and fails to take proper steps to cure such diseased sheep, it shall be the duty of the inspector, without delay, to examine such sheep, and if he shall find such sheep to be infected with such disease, he shall take such sheep into his possession at once, and cure them or cause them to be cured. He may call to his assistance such aid as may be necessary for

that purpose, and the owner or owners of such diseased sheep shall be liable to said inspector for all necessary expenses, costs, and charges incurred in curing the sheep, including a compensation of three dollars a day to such inspector for every day or part of a day in which he shall be necessarily employed, and fifteen cents per mile for each and every mile traveled to and from such place: Provided, That if such complaint shall be false the party complaining shall be liable to said inspector for said mileage and per diem, such sum to be recovered in any court of competent jurisdiction.

SEC. 2. Any person, company, or corporation bringing or causing to be brought into any county of this Territory any sheep or band of sheep, must first procure from some inspector appointed under this act a certificate that such sheep or band of sheep are sound and free from scab, scabies, and all other contagious or infectious diseases before entering said county, and any person, company, or corporation desiring to move his or their sheep from one county to another, shall procure from the inspector in the county in which he or they leave or enter a certificate of inspection or traveling permit, duly signed, that such sheep are free from said diseases. Any person violating the provisions of this section, upon conviction, shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars.

SEC. 3. Whenever, on examination of any herds or bands of sheep within any county in this Territory, said inspector shall find such sheep or any portion of them affected by any of said diseases, he shall forthwith take all and every necessary measure and precaution to prevent such diseased sheep from going or being within four miles of any other herd or band of sheep, and shall so notify the owner or owners of such diseased sheep. The owner or owners of such diseased sheep shall immediately proceed to treat such sheep for the cure of such disease, under the supervision of said inspector, and any person who shall refuse or neglect to immediately observe the directions of such inspector, as hereinbefore provided, shall be punished, on conviction, by a fine of not less than one hundred and not more than two hundred and fifty dollars.

SEC. 4. In case the owner or owners of such diseased sheep shall fail or refuse, for the period of thirty days, to treat such sheep under the supervision of said inspector, as is provided in section three of this act, or shall fail or refuse to keep such diseased sheep at a distance of at least four miles from all other herds or bands of sheep, then, and in that event, such inspector shall seize such diseased sheep, and shall proceed to keep them at no less a distance than four miles of all other herds or bands of sheep, and to treat them for such disease, and the cost of such seizure, keeping, and treatment, and the fees and mileage of said inspector, as provided in section one of this act, shall be a charge on the sheep so seized, and such inspector shall hold such sheep till such amount be paid. If such sum be not paid within ten days after the completion of such treatment said inspector may recover the same from the owner or owners of such sheep by an action in any court of competent jurisdiction: Provided, That no person or company shall be required to dip or treat a band of ewes, or any part of them, in which there are ewes with lamb, at any time from the 15th day of March to the 1st day of June in any year.

SEC. 5. The fees of inspectors of sheep shall be as follows: For inspecting, granting certificates and traveling permit, $3 each, and fifteen cents per mile for every mile necessarily traveled in making such inspection.

SEC. 6. Any person, company, or corporation violating any of the provisions of this act shall be liable in a civil action for all damages sustained by any person, company, or corporation in consequence of such violation.

SEC. 7. It shall be the duty of said inspector and his deputies to institute prosecutions for all violations of this act; but nothing herein contained shall prevent other persons from so doing.

SEC. 8. Upon the arrival of any herd or band of sheep in this Territory the owner or person in charge shall immediately report such sheep to the inspector of the county where such sheep may be for inspection. Upon a failure so to do, upon conviction, such owner or person in charge of such sheep shall be punished by a fine of not less than one hundred dollars and not more than two hundred and fifty dollars.

SEC. 9. All acts and parts of acts in conflict with this act are hereby repealed. SEC. 10. This act shall take effect and be in force from and after the first day of October, 1887.

Approved March 10, 1887.

CONNECTICUT.

AN ACT amending an act conferring upon the State board of agriculture power to kill diseased animals.

Be it enacted by the senate and house of representatives in general assembly convened: Section two of chapter seventy-three (page 534) of the public acts of 1880 is amended to read as follows:

The commissioners shall cause all animals, before being killed under the provisions of the preceding section, to be appraised at their actual value at the time of appraisals, either by agreement in writing between the commissioners and the owner or keeper of such animals, or, in case they can not agree, by three appraisers acting under oath, one of whom shall be named by the commissioners, one by the owner or keeper of such animals, and the third by the two so named, a majority of whom may make such appraisal; and in case the owner or keeper of such animals, neglects or refuses, on application of the commissioners, to name an appraiser, or the two appraisers named as before provided can not agree upon a third, then any justice of the peace of the town in which such diseased animals are shall, upon application of the commissioners, name such appraiser; and the appraised value of such animals, if killed, shall be paid to the owner thereof, and one dollar shall be paid to each appraiser, and one dollar to the justice, if any be called to act, by the State, upon approval of the governor.

Approved, April 22, 1885.

AN ACT concerning quarantining of animals.

Be it enacted by the senate and house of representatives in general assembly convened: Whenever any animal, supposed to be infected or to have been exposed to contagion, shall be quarantined by the State board of agriculture or its commissioners, pursuant to sections six and seven of part eleven, chapter one, title three (page 18) of the general statutes, the actual pecuniary loss caused to the owner thereof by being deprived of the use of any animal or animals not infected during the period of quarantine shall, upon the request of the owner, be ascertained by the commissioners upon evidence satisfactory to them, and the amount of such loss, certified to by the commissioners, shall, on approval of the governor, be paid by the State to said owner.

Approved, April 22, 1885.

DAKOTA.

AN ACT to suppress and prevent the spread of contagious or infectious diseases among domestic ani mals.

SECTION 1. Be it enacted by the legislative assembly of the Territory of Dakota: That the governor of the Territory is hereby authorized to nominate, and by and with the advice and consent of the council appoint, a competent veterinary surgeon, who shall be known as the "veterinary surgeon," and, on entering on his duties, shall take an oath to well and truly perform his duties, as provided by law.

SEC. 2. The duties of said Territorial veterinary surgeon shall be as follows: (1) To investigate any and all cases of contagious or infectious diseases among cattle, horses, mules, and asses in this Territory of which he may have a knowledge. or which may be brought to his notice by any resident in the locality where such disease exists; and it shall be his duty, in the absence of specific information, to make visits of inspection to any locality where he may have reason to suspect that there is contagious or infectious diseases.

(2) To inspect, under the regulations of this act, all cattle, horses, mules, and asses which may be brought into this Territory, in any manner whatever, from or through such State, Territory or foreign country as the governor shall declare by proclamation in quarantine for purposes of inspection for contagious or infectious diseases. And after the making of such proclamation it shall be the duty of the owner or person in charge of any domestic animals or Texas cattle arriving in this Territory, from or through any State, Territory, or foreign country against which quarantine has been declared, to notify the veterinary surgeon without delay, and not to allow such animals, or any of them, to leave the place of arrival until they shall have been examined by the said surgeon, and his certificate obtained that all are free from disease; and no animal pronounced unsound from disease by the veterinary surgeon shall be turned loose or allowed to run at large, or removed or permitted to escape, but shall be held subject to the order of the veterinary surgeon.

Any person failing to comply with this provision shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty (50) nor more than five hundred (500) dollars for each offense, and shall be liable for any damages and loss that may be sustained by any person or persons by reason of the failure of such owner or agent to comply with the provisions of this section: Provided, That the owner of horses, mules, or asses ridden under the saddle or driven in harness into this Territory, or the owner of oxen driven into this Territory under the yoke, and any person coming into this Territory with his team or teams, shall not be required to notify the Territorial veterinary surgeon, or await the inspection of such work-oxen, team, or teams, but he shall be liable for all loss or damage to any person or persons from or by reason of any contagious or infectious disease brought into this Territory by his animals; and no cattle, horses, mules, or asses shall be held in quarantine in this Territory for a longer period than ninety (90) days, unless contagious or infectious disease shall be found to exist among them.

SEC. 3. In all cases of contagious or infectious disease among domestic animals or Texas cattle in this Territory, the veterinary surgeon shall have authority to order the quarantine of the infected premises; and in case such disease shall become epidemic in any locality in this Territory the Territorial veterinary surgeon shall immediately notify the governor of the Territory, who shall thereupon issue his proclamation forbidding any animal of the kind among which said epidemic exists to be transferred from said locality without a certificate from the veterinary surgeon showing such animal to be healthy. The expenses of holding, feeding, and taking care of all animals quarantined under the provisions of this act shall be paid by the owner, agent, or person in charge of said stock.

SEC. 4. In case of any epidemic diseases where premises have been previously quarantined by the veterinary surgeon as before provided, he is further authorized and empowered, when in his judgment necessary, to order the slaughter of any and all diseased animals upon said premises, and of all animals that have been exposed to contagion or infection, under the following restrictions: Said order shall be a written one and shall be made in duplicate, and there shall be a distinct order and duplicate for each owner of the animals condemned, the original of each order to be filed by the veterinary surgeon with the governor of the Territory and the duplicate given to said owner: And further, Before slaughtering any animal or animals that have been exposed only and do not show disease, the veterinary surgeon shall call in consultation with him two respectable practicing veterinarians or physicians, residents of the Territory, or, if this is impossible, then two reputable and well-known freeholders, residents of the Territory, and shall have written indorsements upon his order of at least one of said consulting physicians or freeholders, stating that said action is necessary, before such animal or animals shall be slaughtered.

SEC. 5. Whenever, as herein provided, the veterinary surgeon shall order the slaughter of one or more animals, he shall, at the time of making such order, notify, in writing, the nearest available justice of the peace, who shall thereupon summon three disinterested citizens, who shall be freeholders of the neighborhood, to act as appraisers of the value of such animals. Said appraisers, before entering upon the discharge of their duties, shall be sworn to make a true and faithful appraisement, without prejudice or favor. They shall, after making their appraisement, return certified copies of their valuation, a separate one being made for each owner, together with an accurate description of each animal slaughtered (giving all brands, ear-marks, wattles, age, sex, and class, as to whether American, half-breed, or Texas), to the justice of the peace by whom they were summoned, who shall, after entering the same upon his record and making an indorsement upon each, showing it to have been properly recorded, return it, together with the duplicate order of the veterinary surgeon, to the person or persons owning the animals slaughtered; and it shall be the duty of the veterinary surgeon to superintend the slaughter of such animals as may be condemned and also the destruction of the carcass, which latter shall be by burning to ashes, or burying the same, which burial shall not be less than 6 feet under the ground and shall include every part of the animal, including excrement, as far as possible, and the hide shall be so cut and scarified as to be useless. He shall cause the said slaughter, burning, or burial to be done as cheaply as practicable.

SEC. 6. The veterinary surgeon shall make a report at the end of every year, to the governor, of all matters connected with his work, and the governor shall transmit to the several boards of county commissioners such parts of said report as may be of general interest to the breeders of live stock. The governor shall also give information in writing, as soon as he obtains it, to the various boards of county commissioners, of each cause of suspicion or fresh eruption of disease in each locality, its cause, and the measures adopted to check it,