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must be a written one, and must be made in duplicate, and there must be a senarate order and duplicate for each owner of the animals condemned, the original of each order to be filed by the Veterinary Surgeon with the Secretary of State and the duplicate given to the owner. Before slaughtering any animal that has been exposed only, and does not show disease, the Veterinary Surgeon must ca 1 in consultation with him two practicing veterinary surgeons or physicians, residents of the State, or, if this is impossible, then two stock owners, residents of the State, and he must have written indorsements upon his order of at least one of the consulting persons, stating that such action is necessary, before the animal is slaughtered.

SEC. 3006. Whenever, as in this article provided, the Veterinary Surgeon orders the slaughter of one or more animals, he must at the time of making such order notify in writing the nearest available justice of the peace, who must thereupon summon three disinterested citi ens, who are stock owners in the neighborhood, to act as appraisers of the value of the animal. The appraisers, before entering upon the discharge of their duties, must be sworn to make a true and faithful appraisement without prejudice or favor. They must, 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, earmarks, 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 must, after entering the same upon his record and making an indorsement upon each showing it to have been properly recorded, return it, together with a duplicate order of the Veterinary Surgeon, to the person owning the animal slaughtered; and it is 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 must be by burning to ashes or burying in the earth to the depth of not less than 6 feet, and which must include every part of the animal and hide, and also excrement as far as possible. If the owner of any animal found diseased by the Veterinary Surgeon is killed, or consents to its being killed by the Veterinary Surgeon without appraisement, then the Veterinary Surgeon must burn or bury it as herein provided.

SEC. 3007. The Veterinary Surgeon must make an annual report on or before the first day of October to the State Board of Stock Commissioners of all matters connected with his work, and the board must make the same a part of their annual report to the Governor, and they must also transmit to the several boards of county commissioners such parts of the report as they consider necessary and of general interest to the breeders of live stock. The board must also give information in writing, as soon as it is obtained, to the Governor and to the various boards of county commissioners, of each case, or supposed case, of disease in each locality, the cause, if known, and the measures adopted to check it.

SEC. 3008. Whenever the Governor has good reason to believe that any disease mentioned in this article has become epidemic in certain localities in another State or Territory, or that conditions exist that render domestic animals and Texas cattle likely to convey disease, he must, by proclamation, designate such localities, and prohibit the importation therefrom of any live stock of the kind diseased into this State, except under such restrictions as he, after consultation with the Veterinary Surgeon, may deem proper. Any person who, after the publication of such proclamation, knowingly receives in charge any animal from any of the prohibited districts, and transports or conveys the same within the limits of this State, is punishable as provided in Section 1175 of the Penal Code, and is further liable for any and all damages and loss that may be sustained by any person by reason of the importation or transportation of such prohibited animals.

SEC. 3009. It is the duty of any person who has upon his premises, or upon the

public domain, any case of contagious or infectious disease among such animals, to immediately report the same to.the Veterinary Surgeon; and a failure to do so, or any attempt to conceal the existence of such disease, or to wilfully or maliciously obstruct or resist the Veterinary Surgeon in the discharge of his duties, is punishable as prescribed in Section 1176, of the Penal Code, and forfeits all claims to indemnity for loss from the State.

SEC. 3010. The following regulations must be observed in all cases of disease mentioned in this article:

1. It is unlawful to sell, give away, or in any manner part with, any animal affected with, or suspected of being affected with, contagious or infectious disease; and in case of any animal that may be known to have been affected with or exposed to any such disease, within one year prior to such disposal, due notice of the fact must be given in writing to the party receiving the animal.

2. It is unlawful to kill for the purpose of selling the meat, any such animal, or to sell, give away, or use any part of it or its milk, or to remove any part of the skin. A failure to observe these provisions is punishable as provided in Section 1176 of the Penal Code. It is the duty of the owner or the person having in charge any such aniinal affected with, or suspected of being affected, any contagious or infectious disease, to immediately confine the same in a safe place, isolated from other animals, and with all necessary restrictions to prevent dissemination of the disease, until the arrival of the Veterinary Surgeon. These regulations apply as well to animals in transit through the State as to those resident therein; and the Veterinary Surgeon, or his duly authorized agent, has authority to examine, in car, yard, pastures, or stables, or upon the public domain, all such animals, and on detection of disease, to take possession of, and treat and dispose of the animals in the same manner as provided by this article.

SEC. 3011. All claims arising from the slaughter of animals under the provisions of this article, together with the order of the Veterinary Surgeon and the valuation of the appraisers in each case, must be submitted to the State Auditor, and for each claim that he finds to be equitable and entitled to indemnity under this article must issue to the person entitled thereto his warrant on the stock indemnity fund in the State Treasury for the sum named in the appraiser's report. In auditing any claim under this article the auditor must satisfy himself that it does not come under any class for which indemnity is prohibited by this article, and he must require the affidavit of the c'aimant to this fact, or if the claimant be not cognizant thereof, then of some reputable person who is cognizant thereof; and also the certificate of the Veterinary Surgeon, whose duty it is to inform himself fully of the fact, that in his opinion the claim is legal and just, and the auditor may, in his discretion, require further proof.

SEC. 3012. The indemnity granted is the value of the animal as determined by the appraiser with reference to its dimished value because of being diseased or having been exposed to disease. The indemnity must be paid to the owner upon his application and the presentation of the proofs prescribed therein, and such application must be made within six months after the slaughtering of the animal or the claim is barred. The right to indemnity under this article is limited to animals destroyed by reason of the existence of some epizootic disease generally fatal and incurable, such as rinderpest, hoof-and-mouth disease, pleuropneumonia, anthrax, or Texas fever, among bovines, and ganders among horses, mules, and asses. For the ordinary contagious diseases, not in their nature fatal, such as epizootic and influenza in horses, no indemnity must be paid. The right to indemnity does not exist, and the payment of such must not be made, in the following

cases:

1. For animals belonging to the United States.

2. For animals that are brought into the State contrary to the provisions of this article.

3. For animals that are found to be diseased, or that are destroyed because they have been exposed to disease before or at the time of their arrival in the State. 4. When an animal was previously affected by any other disease, which, from its nature and development, was incurable and necessarily fatal.

5. When an owner or person in charge has knowingly or negligently omitted to comply with the provisions of Sections 3009 and 3010 of this article.

6. When an owner or claimant, at the time of coming into possession of the animal knew it to be diseased, or received the notice specified in the first clause of Section 3010 of this article.

7. When the animal has been brought into the State within ninety days immediately preceding the outbreak of disease, on account of which such animal was killed.

SEC. 3013. The Veterinary Surgeon receives for his services an annual salary of $2,500. No person must receive the appointment of State Veterinary Surgeon who is not a graduate in good standing of a recognized college of veterinary surgeons, either in the United States, Canada, or Europe.

SEC. 3014. The appraisers mentioned in this article receive $3 for each day or part of a day they are actually employed, which must be paid from the State Treasury out of the stock indemnity fund in this article provided, upon vouchers which bear the certificate of the justice who summoned them. The justice receives his ordinary fee for issuing a summons, to be paid out of the stock indemnity fund. The persons called in consultation by the Veterinary Surgeon each receives $3 for each day or part of a day they are actually employed, and 10 cents per mile for distances actually traveled. which sums must be paid from the State Treasury out of the stock indemnity fund upon vouchers certified to by the Veterinary Surgeon. The incidental expenses in causing animals to be slaughtered and their carcasses to be burned, and disinfecting infected premises, must be paid from the State Treasury out of the stock indemnity fund, upon vouchers.

SEC. 3015. The liability for indemnity for animals destroyed and for fees, costs, and expenses incurred under the provisions of this article in any year is limited by, and must in no case exceed, the amount especially designated for the purpose and for that period, by the terms of that article; nor must the Veterinary Surgeon or anyone else incur any liability under the provisions of this article in excess of the surplus in the stock indemnity fund hereinafter provided; nor must any act be performed or property taken under the provisions of this article become a charge against the State.

SEC. 3016. The board of county commissioners of each county must, at the time of making the annual assessment, levy a special tax not exceeding one-half of one mill on the dollar upon the assessed value of all cattle, horses, mules, and asses in the county, to be known as the "Stock Indemnity fund;" said tax must be collected and paid to the State Treasurer in the manner provided by law for the levying, collection, and payment of other State taxes, which fund constitutes the indemnity fund specified by this article to be used in paying for animals destroyed and for fees, costs, and expenses provided under the provisions therefor. It must be used exclusively for that purpose, and must be paid out by the State Treasurer as provided in this article.

SEC. 3017. The Veterinary Surgeon must select the place where stock must be quarantined.

SEC. 3018. The Veterinary Surgeon has power to appoint, from time to time, deputies, not exceeding four in number, at any time he can not personally attend to all the duties required by his office, at a salary not to exceed $5 per day for each day actually employed, to be paid out of the stock-indemnity fund, and must designate the county for which each deputy is to act.

QUARANTINE PROCLAMATION.

STATE OF MONTANA, EXECUTIVE OFFICE,
Helena, March 13, 1897.

Whereas under the provisions of an act of the Legislative Assembly of the State of Montana entitled, "An act to provide for the appointment of State Veterinary Surgeon, and to suppress and prevent infectious diseases among domestic animals," it is made my duty, whenever I shall have good reason to believe that any disease covered by this act has become epizootic in certain localities in any other State or Territory or foreign countries, or that conditions exist that render domestic animals liable to convey disease, that I shall thereupon, by proclamation, schedule such localities and prohibit the importation from them of any bulls, cows, or calves for breeding purposes into this State, except under such restrictions as I, after consultation with the Veterinary Surgeon, may deem proper; and Whereas I have reason to believe that conditions exist that render cattle in any and all of the other States, Territories, and foreign countries, if brought into this State, liable to bring with them the disease known as tuberculosis, or consumption:

Now, therefore, I, Robert B. Smith, Governor of the State of Montana, in obedience to the duty imposed upon me by said statute and the terms thereof, do hereby schedule the localities herein before named, and I do hereby forbid the importation into the State of Montana of any bulls, cows, or calves whatsoever for breeding purposes which have been brought from any portion of said scheduled localities, except upon the following conditions:

All bulls, cows, or calves intended for breeding purposes shall have a certificate of health, stating that tuberculin has been used in said examination, accompanied by a copy of the record kept during the tuberculin test, and that said examination has been made by an official veterinarian of some State, Territory, or foreign country, and that said bull, cow, or calf is free from tuberculosis, or consumption.

Should such examination be impossible for any reason before such animals come into this State, then shall such animal or animals remain in quarantine until the State Veterinarian or his deputy can make such examination, at the owner's expense, and give such certificate for each animal, using the tuberculin test in each examination and on each bull, cow, or calf so imported for such breeding purposes.

All cattle imported from the aforesaid scheduled localities shall be subject to quarantine for ninety days, or for such shorter time as may be deemed necessary in the opinion of the State Veterinary Surgeon or his duly authorized deputy, to determine whether such cattle have been exposed to the infection of tuberculosis, or consumption, prior to importation.

And I do hereby warn all corporations, persons, or companies to give due and full notice to the State Veterinary Surgeon of Montana, preceding the arrival at the boundary line of the said State of Montana, of all such cattle as come within the provisions of this proclamation.

Provided, however, That nothing in this proclamation shall be so construed as to prohibit the transportation of any cattle through or into this State, providing a certificate of health from any State, Territorial, or Government Veterinarian shall accompany them, stating that the State or locality from which such cattle came is free from tuberculosis.

In witness whereof I have hereunto set my hand and caused the great seal of the State of Montana to be affixed at the City of Helena, the capital of said State, this 13th day of March, A. D. 1897.

By the Governor:

Attest:

ROBERT B. SMITH.

T. S. HOGAN, Secretary of State.

NEBRASKA.

There is no special law relative to bovine tuberculosis in Nebraska, but sections given below, from the Compiled Laws (1897), are applicable to that disease.

It is unlawful to drive cattle affected with any contagious or infectious disease through the State or to import into the State animals so affected. Animals so diseased shall not run at large, nor shall anyone sell such animals, knowing them to be diseased, without disclosing their condition to the purchaser.

LAWS.

453. SEC. 10. That every person shall so restrain his diseased or distempered cattle, or such as are under his care, that they may not go at large; and no person or persons shall drive any diseased or distempered cattle affected with any contagious or infectious disease into or through this State or from one point thereof to another. Any person or persons offending against this section shall, on conviction thereof before any justice of the peace, forfeit not less than $5 nor more than $25 for every head of such cattle, and be liable for all costs and damages.

454. SEC. 11. Any justice of the peace, upon proof before him that any cattle are going at large or are driven in or through his county in violation of the preceding section, shall order a constable or sheriff to impound them, and the owner thereof shall be held liable for all costs and damages.

479. SEC. 36. It shall not be lawful for the owner of any domestic animal or animals, or any person having them in charge, knowingly to import or drive into this State any animal or animals having any contagious or infectious disease: and any person so offending shall be deemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than $1 nor more than $100, and be imprisoned in the county jail not more than three months, or both, in the discretion of the court.

480. SEC. 37. Any person being the owner of any domestic animal or animals, or having the same in charge, who shall turn out, or suffer any such domestic animal or animals having any contagious or infectious disease, knowing the same to be so diseased, to run at large upon any uninclosed land, common, or highway, or shall let the same approach within twenty rods of any highway, or shall sell or dispose of any domestic animal or animals, knowing the same to be so diseased, without fully disclosing the fact to the purchaser, shall be deemed guilty of a misdemeanor and shall be punished by a fine in any sum not exceeding $500 and imprisoned in the county jail not less than six months.

481. SEC. 38. Nothing in this act shall be so construed as to prevent the recovery of damages in a civil action against any person or persons who shall sell, trade, or import, or drive into this State such diseased animal or animals, or who shall allow such domestic animal or animals to run at large, or to approach nearer than twenty rods of any highway.

482. SEC. 39. Any person violating any of the provisions of this act, in addition to the penalties herein provided, shall be liable for all damages that may accrue to the party damaged by reason of said diseased animal or animals imparting disease.

AN ACT to amend Section 76 of the Criminal Code of the State of Nebraska, and to repeal said Section 76 as it now exists. (Approved March 30, 1899.)

Be it enacted by the Legislature of the State of Nebraska: SECTION 1. That Section 76 of the Criminal Code of the State of Nebraska be amended so as to read as follows:

"SEC. 76. It shall be unlawful for any person to sell, barter, or dispose of, or permit to run at large any horses, cattle, sheep, or domestic animal, knowing that such

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