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incumbent; Provided, That if a majority of the sheep owners of any such county shall petition the board of county commissioners thereof to abolish said office, such board may in its discretion abolish the same, to take effect upon the expiration of the term of the then incumbent.
SEC. 46. [Powers.]-Every sheep inspector, upon inspecting any flock of sheep and finding the same or any part thereof infected with what is commonly called the "scab," or any other contagious disease, shall, in the manner hereinafter prescribed, have power to define, limit, and restrict the range and feeding grounds of such sheep, for such time and in such manner as to him may seem necessary to protect all neighboring flocks from becoming likewise infected, and notify the owners or agent of the diseased flock; then he shall, within ten days from the day of inspection, commence the curing of same, and it shall be the duty of the inspector to inspect said flock every twenty days until the flock is found cured, for which he shall receive the same compensation as provided in section 53, and all persons who may be selected arbitrators under this act shall, in conjunction with such inspector, have like power.
SEC. 47. [Record.]-Every inspector shall keep a book, to be known as the "Inspection Record," in which he shall enter and record all his official acts and proceedings. Such record shall particularly show the name of the owner of every flock of sheep inspected, when the same was inspected, the result of such inspection, and all orders and directions made in relation thereto.
SEC. 48. [Inspection.]-It shall be the duty of every sheep inspector, between the 15th day of May and the 15th day of August in each year, to make a careful inspection, to be known as the annual inspection, of every flock of sheep kept in his county, and determine whether or not such sheep are free from scab or other contagious disease. SEC. 49. [Duties of inspector.]-It shall further be the duty of every inspector, upon information and complaint made in writing before any justice of the peace and filed with the inspector, setting forth that any flock of sheep, describing it, within the jurisdiction of such inspector, has the scab or any contagious disease, to forthwith inspect such flock as to the truth of such complaint; and if upon inspection it shall be found such flock is inflicted with a contagious disease, the owner shall pay the expense of such inspection, otherwise the person lodging the complaint shall pay such costs, and shall be liable in a civil action therefor.
SEC. 50. [Same.]-Upon the arrival of any flock of sheep in any county in this state in which there is a sheep inspector, it shall be the duty of the inspector in such county, having knowledge of such arrival, to forthwith inspect such flock as to whether or not it is free from scab or other contagious disease. Provided, If the owner of such flock or his agent shall, immediately upon such arrival, report the same to the sheep inspector, and at the same time exhibit to such inspector the certificate of any duly appointed and qualified sheep inspector in the state, that such flock has been by him duly inspected within one month of such arrival and found free from every contagious disease, then such inspection shall not be necessary.
SEC. 51. [Same.]-Upon inspecting any flock of sheep it shall be the duty of the inspector to require of the owner of such flock, or in his absence, of his agent, true answers to the following questions: First. The name of the owner of such flock, his earmark and brand. Second. The increase of such flock by purchase or trade since the last inspection. Third. From whom such increase has been received. Fourth. From what county and state such increase came. Fifth. Whether or not any part of them was, at the time inspected, with the scab or any contagious disease, and if so, what disease. Such owner or agent, as the case may be, shall make true answers to all such questions, and subscribe the same and make oath thereto, all of which shall be entered in the inspector's record. The inspector shall have power and is hereby authorized to administer such oath.
SEC. 52. [Sheep diseased-Range restricted.]-If upon the inspection any flock of sheep the inspector shall find the same or any part thereof infected with
the scab or any contagious disease, it shall be his duty at once to define, limit, and restrict the range and feeding grounds of such flock, as authorized in section five of this act. The inspector shall at the time of making any order or direction authorized by this act, enter the same in full in his inspection record, and shall at once make out in writing a true copy thereof, and deliver the same to the owner interested, or in his absence to his agent in charge of such flock of sheep, and the owner of said sheep and all persons under him shall fully comply with the terms of the copy so served; Provided, If the owner of such sheep, or the person so served with such copy, shall consider the terms thereof unreasonable, he may, within twenty-four hours after receiving the same, so notify the inspector in writing, naming therein some disinterested person, being the owner of one hundred sheep or more, arbitrator, to act in review on all matters contained in such order and copy, which person with the inspector shall without delay select some other like person, and the two thus chosen with the inspector shall forthwith make such orders and directions, authorized in section 46 of this chapter, as to them may seem reasonable and just, and their action in the premises shall be final. Every order and direction shall be entered in full on the inspector's record, and be signed by the arbitrators and inspector making the same, and a true copy thereof served without delay on the owner interested or his agent in charge.
SEC. 53. [Fees.]-The inspector and arbitrators shall receive for their services the following fees and no more, which shall be paid by the owner of the flock inspected, except as otherwise provided in this act: The inspector shall receive for each flock inspected at each annual inspection the sum of one dollar, and in addition thereto the sum of ten cents for every hundred sheep inspected, or fractional part thereof, to be paid by the owner of the flock inspected. For every other inspection, the sum of three dollars per day for each day necessarily employed in such duty. Each arbitrator shall receive three dollars per day for each day necessarily employed in their duties.
SEC. 54. [Penalty.]-Any person who shall fail to comply with or shall disregard any order or directions måde by any inspector and arbitrators, under the provisions of this act, shall upon conviction be fined in any sum not less than one hundred dollars. SEC. 55. [Same.]—Any person or persons owning or keeping any flock or herdof sheep, any portion of which flock or herd is diseased with the scab or other contagious disease, shall be liable to any person damaged thereby in double the amount of damage such person may sustain by reason of such flock or herd or any part thereof being moved or allowed to stray from the premises of the owner of such flock.
SEC. 56. [Same.]-It shall be unlawful for any person or persons having a flock or herd of sheep, any portion of which is infected with the scab or any infectious or contagious disease, to allow such flock or herd or any part thereof to stray or be driven upon the grounds of another without the consent of the occupant thereof in writing, or to allow any such flock or any part thereof to come in contact, off his premises, with the sheep of any other person. Every person so offending shall be fined in any sum not less than five dollars nor more than one hundred dollars.
SEC. 57. [Same.]-It shall be unlawful for any person or persons to bring into this state from without the state any sheep infected with the scab or any contagious disease. Every person so offending shall upon conviction thereof be fined in any sum not less than fifty dollars nor more than one hundred dollars, or imprisoned in the county jail not less than one month nor more than three months, or both at the discretion of the court.
SEC. 58. [Mark and brand.]-Every person or persons, being the owner of any sheep, shall cause such sheep, and all of them six months old and upwards, to be suitably branded and ear-marked, and so kept branded and ear-marked, which brand and ear-mark shall be made of record in the office of the county clerk of the county in which such sheep are kept. Every person failing to comply with the provisions of this section shall, upon conviction thereof, be fined in any sum not less than five nor more than fifty dollars.
SEC. 59. [Exemption.]-No property shall be exempt from sale under execu tion issued upon any judgment obtained under any of the provisions of this act.
CHOLERA AND OTHER DISEASES.
SEC. 60. [Death of animals.]-That it shall be the duty of the owner of swine or other domestic animals dying from cholera or other diseases, within twentyfour hours after their death, to cause the carcass of such animals to be suitably buried or burned on the premises owned or occupied by such person. [1885, chap. 5.]
SEC. 61. [Penalty.]-If the owner of any swine or other domestic animals dying from cholera or other disease, or any other person, shall sell or dispose of the carcass of such swine or other domestic animals to any person for the purpose of manufacturing the same into soap or rendering the same into lard, or for other purposes, or if any person shall buy, or otherwise obtain the carcass of any swine or other domestic animals dying from cholera or other disease for manufacturing purposes as aforesaid, or any other purpose except that of burial or burning as provided in the preceding section, every such person shall upon conviction be fined in any sum not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars, or be imprisoned not exceeding six months.
ARTICLE II.-STATE VETERINARIAN-LIVE STOCK AGENTS.
SECTION 1. [Appointment.]-The governor is hereby authorized to employ four agents, one of whom shall be a competent and skilled veterinary surgeon, who shall be a graduate in good standing of a recognized college of veterinary surgery, and who shall be known as the state veterinarian, and shall receive twenty-five hundred ($2,500) dollars per annum for his services; and three of said agents shall be practical stockmen, who are actually engaged in stock raising, and shall each receive five ($5) dollars per diem, and shall be known as the live stock agents of the state of Nebraska. And each of such agents shall receive their actual traveling expenses by them incurred and paid while in the discharge of their duties as such agents. [1887, chap. 4.]
SEC. 2. [Oath-Bond.]-Before entering upon their duties the said agents shall take and subscribe an oath to faithfully discharge the duties of such office, and shall execute a bond to the state of Nebraska in the sum of five thousand ($5,000) dollars, with good and sufficient security, conditioned upon the faithful performance of the duties of their office, which bond and security shall be approved by the governor; and said bond, together with their oaths of office, shall be deposited in the office of the secretary of state.
SEC. 3. [Duty of veterinarian.]—It shall be the duty of the veterinarian to investigate any and all cases of contagious and infectious diseases among domestic animals of the state, which may come to his knowledge, or be brought to the notice of the live stock agent, and for this purpose shall visit at once any locality within the state where such contagious or infectious disease of domestic animals may be reported to exist, and make a full and careful examination of all animals supposed to be diseased, and inquire into the nature and cause of any such disease which he may discover, prescribe the proper care, necessary remedies, and direct the sanitary measures necessary to prevent the spread thereof, and to make a full report of his findings and doings in the premises, to the live stock agents, with recommendation and suggestions as to the means necessary to be employed to prevent the spread, and best calculated to exterminate any and all such contagious or infectious diseases, by him found to exist among the domestic animals of the state.
SEC. 4. [Same.]-The state veterinarian shall make a continuous scientific study, investigation, and research of all contagious diseases of domestic animals, and the
SEC. 60. "An act to prevent the spread of hog cholera and other kindred diseases, and to prevent traffic in animals dying from infectious or other diseases." Passed and took effect March 4, 1885.
ART. II. An act to amend an act, entitled "An act concerning the care of, and to prevent the spread of contagious and infectious diseases among domestic animals, to provide for the appointment of a live stock sanitary commission and state veterinary surgeon, defining their powers and duties and regulating their compensation." Passed and took effect March 31, 1827. Laws 1887, Chap. 4.
causes, preventatives, and cures thereof, and report the result of his study and investigation to the governor, giving in plain ordinary language the symptoms by which any such disease may be identified, how liable to be introduced and spread, the causes and conditions to which may be attributed the introduction of any such diseases, and the sanitary and other measures best calculated to prevent the germination and spread of any such contagious or infectious diseases among live stock, together with the best known treatment and remedies, in time for publication in the several reports required by law, and perform such other services and duties as may be required by law, or directed by the governor, or the live stock agents, in the interest of the state.
SEC. 5. [Duties of live stock agents.]-It shall be the duty of the agents provided for in the first section of this act to protect the health of the domestic animals of the state from all contagious and infectious diseases of a malignant character, and for this purpose it is hereby authorized and empowered to establish, maintain, and enforce such quarantine, sanitary and other regulation as it may deem necessary. shall be the duty of any member of said agents upon receipt by him of reliable information of the existence among the domestic animals of the state, of any malignant disease, to at once notify the veterinarian who shall go at once to the place where any such disease is alleged to exist, and make a careful examination of the animals believed to be affected with any such disease, and ascertain if possible what, if any, disease exists among the live stock reported to be affected, and whether the same is contagious or infectious or not; and if such disease is found to be of a malignant, contagious, or infectious character, he shall direct the temporary quarantine and sanitary regulations necessary to prevent the spread of any such disease and report his finding and actions to the live stock agents.
SEC. 6. [Inspection of infected districts.]-Upon the receipt by any one of the report of the veterinarian provided for in section one (1) cf this act, if said agent shall be of the opinion that the exigencies of the case require, he shall immediately convene the three live stock agents together with the veterinarian at such place as he may designate, and if, upon consideration of the report of the veterinarian, the agents shall be satisfied that any contagious or infectious disease exists of a malignant character, which seriously threatens the health of domestic animals, they shall proceed at once to the infected district, ascertain and determine the premises or grounds infected, and establish the quarantine, sanitary, and police regulations necessary to circumscribe and exterminate such disease; also to list and describe the domestic animals affected with such disease, and those which have been exposed thereto, and included within the infected district or premises so defined and quarantined, with such reasonable certainty as would lead to their identification; and for that purpose the said agents may, in their discretion, cause the live stock so included within the quarantine lines established to be marked or branded in such manner as they may designate; and no domestic animals liable to become infected with the disease or capable of communicating the same, shall be permitted to enter or leave the district, premises, or grounds so quarantined, except by authority of the live stock agents. The said agents shall also from time to time give and enforce such directions and prescribe such rules and regulations as to separat-* ing, mode of handling, treating, feeding, and caring for such diseased and exposed ani-; mals as it shall deem necessary to prevent the two classes of animals from coming in contact with each other, and perfectly isolate them from any other domestic animals which have not been exposed thereto and which are susceptible of becoming infected with the disease. And the said agents or any of the members thereof, and said veterinarian are hereby authorized and empowered to enter upon any grounds or premises to carry out the provisions of this act.
SEC. 7. [Killing diseased animals.]—When, in the opinion of the live stock agents, it shall be necessary to prevent the further spread of any contagious or infectious disease among the live stock of the state, to destroy animals affected with, or which have been exposed to any such disease, it shall determine what animal shall be
killed, and appraise the same as hereinafter provided, and cause the same to be killed and the carcasses disposed of, as in its judgment will best protect the health of the domestic animals of the locality.
SEC. 8. [Same-Appraisal.]—Whenever, as in the seventh section of this act provided, the live stock agents shall direct the killing of any domestic animal or animals, it shall be the duty of the agents to make a fair and faithful appraisement of said animal or animals, and in making the appraisement the contagious disease with which the animal is affected or to which they have been exposed, shall not be taken into consideration. The amount of the appraisement shall in no case exceed seventy-five ($75) dollars per head for horses and mules, and twenty ($20) dollars per head for cattle; Provided, That no animal or animals shall be appraised except those affected with contagious or infectious diseases of a malignant character, or such as have been exposed thereto.
SEC. 9. [Quarantine-Proclamation of governor.]-When the agents shall have determined the quarantine and other regulations necessary to prevent the spread among domestic animals of any malignant, contagious, or infectious disease found to exist among the live stock of the state, and given its orders as herein before provided, prescribing quarantine and other regulations, they shall notify the governor thereof, who shall issue his proclamation proclaiming the boundary of such quarantine, and the orders, rules, regulations, prescribed by the live stock agents, which proclamation may be published by written or printed hand-bills, posted within the boundaries or on the lines of the district, premises, places, or grounds, quarantined; Provided, That if the agents decide that it is not necessary by reason of the limited extent of the district in which such disease exists that a proclamation should be issued, then none shall be issued, but the agents shall give such notice as may to them seem best to make the quarantine established by them effective.
SEC. 10. [Employees-Supplies.]-The agents provided for in this act shall have power to employ at the expense of the state such persons, and purchase such supplies and material as it may be necessary to carry into effect all orders by them given, as hereinbefore provided; Provided, That no labor shall be employed, nor labor material or supplies purchased by the agents, except such labor material as may be necessary to carry into effect the experimentation, quarantine, and other regulations prescribed by the live stock agents; And provided, further, The agents may in their discretion upon the recommendation of the veterinarian employ such expert's assistance as may from time to time, be required, and such assistant shall have power to execute all orders and instructions given them by the live stock agents.
SEC. 11. [Railways to disinfect cars.]-It shall be the duty of the railway corporations doing business in this state, to clean and disinfect the cars used by them in transporting stock in this state at such times and places, and in such manner as the live stock agents may designate, whenever in their opinion any such order may be necessary to prevent the spread of infectious or contagious diseases; and any such corporation violating any of the provisions of this act, shall be liable to a penalty of five hundred dollars ($500), for each offense, to be recovered in civil action to be prosecuted under the directions of the attorney general, in the name of the state of Nebraska.
SEC. 12. [Payment for animals killed.]—When any animal or animals are killed under the provisions of this act by order of the agents, the owner thereof, shall be paid therefor the appraised value as fixed by the appraisement as hereinbefore provided for; Provided, The rights of indemnity on account of animals killed by order of the live stock agents, under the provisions of this act, shall not extend to the owner of animals which have been brought into the state in a diseased condition, or from a state, county, territory, or district, in which the disease, with which the animal is infected, or to which it has been exposed, exists; nor shall any animal be paid for by the state which may have been brought into the state in violation of any law or quarantine regulation thereof, or the owner thereof shall have violated any of the provisions of