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CHAPTER 159.

(House Roll No. 702.)

[Introduced Mr. Mr. Bulla.]

AN ACT to prohibit the movement of cattle affected with scabies; to provide for treating or dipping of same; to empower the Sanitary Board to quarantine cattle, public and private premises; to provide method of holding quarantine; to provide for seizure of certain cattle; to provide a penalty and declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Scabies cattle-shipping prohibited. It shall be unlawful for any person, firm or corporation to ship, trail, drive or otherwise move, or allow to be moved, or allow to drift from one county in the state to any other county in the state, or to any other state, cattle which are affected with scabies, except as hereinafter provided.

Sec. 2. Same-quarantine.-The Nebraska Live Stock Sanitary Board, or State Veterinarian, are hereby authorized to place in quarantine any county, or part of county, or any private premises, or private or public stock yards, within the state of Nebraska, where cattle, affected with scabies are kept or have been kept, and hold such premises in quarantine until such cattle so affected have been properly treated or dipped and such premises thoroughly cleaned and disinfected. The Nebraska Live Stock Sanitary Board are hereby authorized to prescribe rules and regulations which shall provide method and manner in which such treatment, or dipping and cleaning and disinfecting shall be done; and shall hire, or secure such assistants, or inspectors, as may be necessary to supervise such treatment, or dipping, and cleaning and disinfecting. No cattle shall be trailed, shipped, or driven or delivered to any transportation company for shipment to any place outside of such quarantined area, unless such cattle have been inspected by an inspector of the Bureau of Animal Industry, or an inspector employed by, or authorized by, the Live Stock Sanitary Board to make such inspections, and such cattle are found to be free from such infection, except such cattle found affected may, after being dipped once, be shipped to a market center, under quarantine, and there be slaughtered, or they may be dipped again at the market ten days after the first dipping and shipped anywhere.

Ch. 159)

Inspection

365

Sec. 3. Inspection-dipping.-Whenever any inspector, or person, employed by, or authorized by, the Live Stock Sanitary Board, or State Veterinarian, to make inspections for scabies in cattle, shall find cattle so affected, he shall at once notify the owner, or agent of the owner, of such cattle, and such owner, or agent of owner, or person having possession of such cattle, shall treat or dip such cattle on order of the Live Stock Sanitary Board, or its duly authorized agents, in a manner prescribed by rules and regulations of such Board. Said rules and regulations must meet with the approval of the Chief of the Bureau of Animal Industry of the United States. Provided further, that such cattle shall be held in strict quarantine at such place as prescribed by such Board, until treated or dipped under the supervision of the Live Stock Sanitary Board, or its duly authorized agents, and premises cleaned and disinfected, if such cleaning and disinfecting be deemed necessary by the Sanitary Board. When any person, company or corporation in control of, or caring for such live stock shall fail, or refuse, to dip, or otherwise treat such cattle, or disinfect premises, at such time and in such manner as prescribed, or directed by the Sanitary Board, then the Sanitary Board shall have the power to call upon the sheriff of the county in which such live. stock is found, and it will be the duty of such sheriff, together with a representative of the Sanitary Board, to dip or otherwise treat such cattle in a manner and at such time as the Sanitary Board shall direct, and such sheriff shall keep such cattle in his custody until same are treated or dipped; and such cattle may be held by said officer until costs of such treatment or dipping are paid by such owner. Any officer who shall seize such cattle in such manner for dipping or treatment shall be liable to the owner thereof for damages for such taking, or seizing, or by reason of such dipping or treatment; provided such dipping or treatment has been done in accordance with method approved by the Live Stock Sanitary Board.

Sec. 4. Violations-penalty.-Any person, firm or corporation who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof, be fined in any sum not less than two hundred and fifty dollars ($250) nor more than five hundred dollars ($500) or shall be confined in the county jail not less than thirty (30) days nor more than ninety (90) days, or both.

Sec. 5. Emergency. Whereas, an emergency exists, this act shall be in force on and after date of passing and approval.

Approved, April 25, 1917.

CHAPTER 160.

(House Roll No. 302.)

[Introduced by Messrs. Hoffmeister and Dalbey.]

AN ACT to provide for the appraisal of animals of the bovine species, sheep and swine suffering from foot and mouth disease, and the indemnification of and payment to the owners of all such diseased animals on account of the killing of the same by reason of such disease; to make an appropriation for the payment of indemnification provided hereby, and to repeal Chapter 289 of the laws passed by the Legislature of the State of Nebraska at the Thirty-fourth session thereof in 1915, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Foot and mouth disease—animals with killedvalue. No domestic animal of the bovine species, sheep and swine afflicted with foot and mouth disease shall be killed as such unless such animal or animals have been inspected by the Deputy State Veterinarian or his assistant and are pronounced by him affected with such disease. Whenever any such animal becomes affected with foot and mouth disease, the value thereof, as the same would be were such animal not thus affected, shall be fixed within twenty-four hours before killing by appraisers chosen in the following manner: one appointed by the State Veterinarian, or his assistant, one by the owner, and a third by the first two. Provided, in no case shall the appraised value exceed $100.00 for any separate animal of the bovine species, nor more than $7.00 for any one sheep, nor more than seven cents a pound for swine, nor shall such appraised value in any event exceed the fair cash value thereof, as if in health, for beef or for dairy purposes; not to exceed two-thirds of said amount, so appraised, shall be paid by the state to the owner of such animal or animals. In no case shall any such animal be so appraised or paid for unless it be at least six months old and has been in good faith

Ch. 160)

Inspection-Appropriation

367

owned and kept within the State of Nebraska by one person, company or corporation for six months before the killing.

The award of the appraisers shall be certified by the Deputy State Veterinarian to the Auditor of the State, upon the owner of such animal or animals complying with the next succeeding section of this act; and such certificate of the Deputy State Veterinarian shall show also whether the provisions of the next succeeding section have been complied with; and if such certificate shows that such provisions have been complied with, then the Auditor of the State, upon receipt of such certificate shall draw a warrant upon the State Treasurer for two-thirds of the amount so appraised and certified, to be paid to the owner of the animal or animals so killed.

Sec. 2. Same-killed-when.-Upon such appraisement being made, it shall become the duty of the owner to immediately destroy such animals and to dispose of the carcass thereof and to disinfect the premises occupied by such animals, in accordance with the rules of the State Veterinarian and Live Stock Sanitary Board.

Sec. 3. Appropriation.-That there is hereby appropriated out of the general fund of the State the sum of $50,000.00 or so much thereof as may be required for the payment herein provided to be made to owners of stock killed on account of the foot and mouth disease.

Sec. 4. Repeal.-Chapter 289 of the laws passed by the State of Nebraska at the Thirty-fourth session thereof in 1915, is hereby repealed.

Sec. 5. Emergency. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.

Approved, April 9, 1917.

CHAPTER 161.

(House Roll No. 701.)

[Introduced by Mr. Bulla.]

AN ACT regulating the manufacture, sale, distribution and administering of anti-hog cholera serum and virus.

Be it Enacted by the People of the State of Nebraska:

Section 1. Hog cholera serum manufacture, sale regulated. -No person, firm or corporation shall sell, barter, exchange, carry, give away, ship or deliver for shipment, any anti-hog cholera serum, or virus, within the State of Nebraska, except as hereinafter provided.

Sec. 2. Same-license.-No person, firm or or corporation, shall sell, barter or exchange, carry, give away, ship or deliver for shipment any anti-hog cholera serum or virus within the State of Nebraska, unless such person, firm or corporation shall first hold an uncancelled, unexpired United States Government Veterinary License, issued by the United States Department of Agriculture, or a permit unexpired and uncancelled, issued by the Live Stock Sanitary Board of the State of Nebraska. Second. That there shall be a true label upon each container of any anti hog cholera serum or virus showing the person, firm or corporation who manufactured the said anti hog cholera serum or virus, the date when sold and delivered, name of purchaser and the person selling the same.

Sec. 3. Permit.-Any corporation, firm or person wishing to manufacture or distribute any anti-hog cholera serum or virus, in the state of Nebraska shall make application to the Live Stock Sanitary Board for a permit to transact such business.

Bond. If the Live Stock Sanitary Board shall be satisfied that said person, firm or corporation, referred to in Section 3, is fit, proper and reliable, and upon the furnishing by such corporation, firm or person of a bond in the sum of five thousand ($5,000) dollars, to be approved by the Live Stock Sanitary Board, they may issue to said person, firm or corporation a permit to sell serum and virus, within the State, for a period of one calendar year, or part thereof. At the time of issuing of such permit the Live Stock Sanitary Board shall make known to said applicant, the standard degree of potency,

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