while in possession of the taker up, he shall not be liable for the loss, unless its death was the result of mistreatment or wilful neglect.
Sect. 13. This act shall take effect from the date of its passage.
- Approved, April 26, 1862.
CHAPTER 36.
AN ACT CONC&RNING HORSES AND OTHER ANIMALS.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Section 1. That no stallion or ass, over the age of two years, shall be allowed to run at large; and the owners of such animal found running at large shall be liable to a fine of five dollars for the first offence, and ten dollars for any subsequent offence, to be recovered by an action of debt before any justice of the peace in the county. Such fine or fines, when collected by any justice of the peace, shall be paid into the county treasury of the county where the same shall have been collected, and the same shall be appropriated for the benefit of common schools.
Sect. 2. Any person finding such animal running at large, may take up and secure the same, and shall give public notice of such taking up; and if the animal, so taken up, be not claimed within five days, and the fines and costs of taking up and keeping paid, may castrate the same: Provided, The usual precaution be used, that the life of the animal be not endangered thereby more than is usual, and shall be entitled to recover from the owner of any such animal for castrating the same, the sum of five dollars in addition to a reasonable compensation for taking up and keeping, and shall have a lien upon said animal for the payment of the same.
Sect. 3. The owner or owners of any such stallion or ass, who shall suffer or permit the same to run at large, contrary to the provisions of this act, shall be further liable for and pay
