appraised value of such animals shall be paid, one-fifth by the cities or towns in which such animals were kept, and the remainder by the Commonwealth.

SEC. 18. In all cases of farcy or glanders the commissioners, having condemned the animal infected therewith, shall cause such animal to be killed without an appraisement, but may pay the owner an equitable sum for the killing and burial thereof. SEC. 19. A person who fails to comply with a regulation made or an order given by the commissioners shall be punished by fine not exceeding $500, or by imprisonment not exceeding one year.

SEC. 20. Prosecutions under the preceding section may be maintained in any county. (1860, 221, sec. 11.)

SEC. 21. All appraisements made under this chapter shall be in writing and signed by the appraisers and certified by the mayor and aldermen or selectmen or commissioners, respectively, to the governor and council, and to the treasurers of the several cities and towns wherein the cattle appraised were kept.

SEC. 22. The commissioners may examine under oath all persons believed to possess knowledge of material facts concerning the existence or dissemination, or danger of dissemination, of discases among domestic animals, and for this purpose shall have all the powers vested in justices of the peace to take depositions, and to compel witnesses to attend and testify by chapter 169. All costs and expenses incurred in procuring the attendance of such witnesses shall be allowed and paid to the commissioners from the treasury of the Commonwealth, upon being certified to and approved by the governor and council.

SEC. 23. When animals exposed to contagious diseases are killed by order of the commissioners, and upon a post mortem examination are found to have been entirely free from disease, the commissioners shall cause the same to be sold under their direction, first giving to the purchaser notice of the facts; and if the said purchaser or any other person sells said slaughtered animals or any part thereof, he shall in like manner give notice to the parties to whom such sales are made; and the proceeds of the sales made by order of the commissioners shall be applied in payment of the appraised value of said animals.

SEC. 24. Whoever violates any of the provisions of the preceding section shall be punished by fine not exceeding $100 and the costs of prosecution.

SEC. 25. Cattle commissioners, now or hereafter appointed, shall keep a full record of their doings, and report the same to the legislature on or before the 10th day of January in each year, unless sooner required by the governor, and an abstract of the same shall be printed in the annual report of the State board of agriculture.

SEC. 26. No Texan, Mexican, Cherokee, Indian, or other cattle which the cattle commissioners decide may spread contagious disease, shall be driven on the streets of any city, town, or village, or on any road in this Commonwealth, nor shall they be driven outside of the stock-yards connected with any railway within this Commonwealth, between the first day of March and the first day of November.

SEC. 27. In all stock-yards within the Commonwealth, said Texan, Mexican, Cherokee, Indian, or other cattle which the cattle commissioners decide may spread contagious disease, shall be kept in different pens from those in which other cattle are kept, from the first day of March until the first day of November.

SEC. 28. Any person or persons violating any provision of the two preceding sections shall be punished by fine of not less than $20 nor more than $100.

AN ACT concerning contagious diseases among cattle.

Be it enacted, &c., as follows: It shall be the duty of the cattle commissioners to make inquiries and gather facts and statistics in relation to the prevalence among the neat stock of this State of the disease known as abortion, the annual losses caused thereby, and its effect on the healthfulness of milk as an article of food.

SEC. 2. To ascertain the real character of the disease, its cause, and the best methods of its cure or prevention, the commissioners may make, or cause to be made, experiments, investigations, and examinations, and for this purpose shall have and exereise all the powers conferred upon them in cases of contagious disease by the provisions of section 14 of chapter 90 of the public statutes.

SEC. 3. The commissioners for the purpose of aiding them in their investigations may kill any animal affected with said disease, and such animal shall be paid for as provided in section 17 of chapter 90 of the public statutes. Said commissioners shall make a detailed statement in their annual report of their doings under the provisions of this act.

SEC. 4. There shall be allowed and paid out of the treasury a sum not exceeding two thousand dollars, to be expended as may be necessary in carrying out the provisions of this act.

SEC. 5. This act shall take effect upon its passage.

Approved, May 13, 1884.

MICHIGAN.

AN ACT to provide for the appointment of a live stock sanitary commission and a State veterinarian, and to prescribe their powers and duties, and to prevent and suppress contagious and infectious dis eases among the live stock of the State.

SECTION 1. The people of the State of Michigan enact, That a commission is hereby established which shall be known under the name and style of "The State Live-Stock Sanitary Commission." The commission shall consist of three commissioners, who are practical agriculturists and engaged in the live stock industries of the State, who shall be appointed by the governor with the advice and consent of the senate. One shall be appointed for the term of six years, one for the term of four years, and one for the term of two years, whose term of office shall commence on the second Tuesday of July of the year in which they are appointed, and shall continue until their successors are appointed and qualified. And at each succeeding biennial session of the legislature there shall be appointed in like manner one commissioner who shall hold his office six years or until his successor is appointed and qualified. The governor shall also appoint, with the advice and consent of the Senare, a competent and skilled veterinary surgeon for the State, who, at the time of such appointment, shall be a graduate in good standing of a recognized college of veterinary surgery, and who shall hold his office for two years from the second Tuesday of July of the year he is appointed, and until his successor is appointed and qualified. The governor shall also appoint every two years thereafter a competent and skilled veterinarian having the qualifications above mentioned, whose term of office shall be for two years or until his successor is appointed and qualified.

SEC. 2. Said commissioners and veterinary surgeon before they enter upon the duties of their office shall each take and subscribe the constitutional oath of office and file the same with the secretary of state.

SEC. 3. Each commissioner shall receive the sum of $3 per day and necessary expenses for the time actually spent in the discharge of his duties; and the veterinary surgeon shall receive the sum of $5 per day and necessary expenses for time when employed.

SEC. 4. It shall be the duty of the commission to protect the health of the domestic animals of the State from all contagious or 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 regulations as it may deem

necessary.

SEC. 5. It shall be the duty of any person who discovers, suspects, or has reason to believe that any domestic animal belonging to him, in his charge, or that may come under his observation, belonging to other parties, is affected with any disease, whether it be a contagious and infectious disease, to immediately report such fact, belief, or suspicion to the health officer, president, or clerk of the local board of health.

SEC. 6. It shall be the duty of the local board of health to keep a record of all cases in a suitable book provided for that purpose, which record shall include a statement of the age, sex, and distinguishing characteristics of the animal; and further, it shall be the duty of said local board of health, or any member thereof, to immediately examine, either in person or by a qualified person appointed by said board, all animals reported to be diseased; and if they or their agents find that such animal or animals are affected with a contagious or infectious disease, to immediately report the same to the commission or some member thereof; and the said local board of health shall promptly take such measures as it shall deem expedient and necessary to prevent the spread of the disease, until the commission shall be able to relieve it from the charge or care of such animal or animals. All expenses incurred by said local board of health and its agents in carrying out the provisions of this act, shall be paid in the same manner as are those of the commission.

SEC. 7. The commission or any member thereof to whom the existence of any infectious or contagious disease of domestic animals is reported shall forthwith proceed to the place where such domestic animal or animals are and examine the same, and if in his or their opinion any infectious or contagious disease does exist, he or they shall prescribe such temporary quarantine and regulations as will prevent the spread of the contagion or infection, and notify the State veterinarian, who shall forthwith proceed to the place where said contagious or infectious disease is said to exist and examine said animal or animals and report his or their finding to the said commission, who then shall prescribe such rules and regulations as in their judgment the exigencies of the case may require for the effectual suppression and eradication of the disease, and for that purpose the said commission may 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 no domestic animal liable to become infected with the disease or capable of communicating the same shall be per

mitted to enter or leave the district, premises, or grounds so quarantined, except by the authority of the commission. The said commission shall also, from time to time, give and enforce such directions, and prescribe such rules and regulations as to separating, mode of handling, treating, feeding and caring for such diseased and exposed animals as it shall deem necessary to prevent the two classes of animals from coming in contact with each other, and perfectly isolate them from all other domestic animals which have not been exposed thereto and which are susceptible of becoming infected with the disease, and the said commission and veterinarian are hereby authorized and empowered to enter upon any grounds or premises to carry out the provisions of this act. When in the opinion of the commission 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 animals shall be killed, and appraise the same, as hereinafter provided, and cause the same to be killed and the carcasses disposed of as in their judgment will best protect the health of the domestic animals of the locality.

SEC. 8. When the commission 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 their order as herein before provided, prescribing quarantine and other regulations, it shall notify the governor thereof, who shall issue his proclamation proclaiming the boundary of such quarantine and the orders, rules, and regulations, prescribed by the commission, which proclamation may be published by written or printed handbills posted within the boundaries or on the lines of the district, premises, places, or grounds quarantined: Provided, That if the commission 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 such commission shall give such notice as may to it seem best to make the quarantine established by it effective.

SEC. 9. Whenever the commission shall direct the killing of any domestic animal or animals it shall be the duty of the commissioners to appraise the animal or animals condemned, and in fixing the value thereof, the commissioners shail be governed by the value of said animal or animals at the date of appraisement.

SEC. 10. Whenever any live stock shall be appraised and killed by order of the commission, it shall issue to the owner of the stock so killed a certificate showing the number and kind of animals killed, and the amount in their judgment to which the owner is entitled, and report the same to the governor of the State, which certificate, if approved by the governor, shall be presented to the auditor general, who shall draw his warrant on the State treasurer for the amount therein stated, payable out of any money in the treasury not otherwise appropriated.

SEC. 11. When any animal or animals are killed under the provisions of this act by order of the commission, the owner thereof shall be paid therefor the appraised value, as fixed by the appraisement herein before provided for: Provided, The right of indemnity on account of animals killed by order of the commission under the provisions of this act, shall not extend to the owners of animals which have been brought into the State in a diseased condition, or from a State, country, Territory, or district in which the disease with which the animal is affected, or to which it has been exposed, exists. Nor shall any animal be paid for by the State which may be brought into the State in violation of any law or quarantine regulation thereof, or the owner of which shall have violated any of the provisions of this act, or disregarded any rule, regulation, or order of the live-stock sanitary commission or any member thereof. Nor shall any animal be paid for by the State which came into the possession of the claimant with the claimant's knowledge that such animal was diseased, or was suspected of being diseased, or of having been exposed to any contagious or infectious disease. SEC. 12. Any person who shall have in his possession any domestic animal affected with any contagious or infectious disease, knowing such animal to be so affected, or after having received notice that such animal is so affected, who shall permit such animal to run at large, or who shall keep such animal where other domestic animals not affected by or previously exposed to such disease may be exposed to its contagion or infection, or who shall sell, ship, drive, trade, or give away such diseased animal or animals which have been exposed to such infection or contagion, or who shall move or drive any domestic animal in violation of any direction, rule, or regulation, or order establishing and regulating quarantine, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $10 nor more than $500 for each of such diseased or exposed domestic animals which he shall permit to run at large, or keep, sell, ship, drive, trade, or give away in violation of the provisions of this act: Provided, That any owner of any domestic animal which has been affected with or exposed to any contagious disease may dispose of the same, after having obtained from the State veterinarian a certificate of health for such animal.

SEC. 13. Any person who shall knowingly bring into this State any domestic animal which is affected with any contagious or infectious disease, or any animal which

has been exposed to any contagious or infectious disease, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $100 nor more than $5,000.

SEC. 14. Any person who owns or is in possession of live stock which is affected, or which is suspected or reported to be affected, with any infectious or contagions disease, who shall willfully prevent or refuse to allow the State veterinarian or commissioner or other authorized officer or officers to examine such stock, or shall hinder or obstruct the State veterinarian or other authorized officer or officers in any examina tion of or in an attempt to examine such stock, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $10 nor more than $500.

SEC. 15. Any person who shall willfully violate, disregard, or evade, or attempt to violate, disregard, or evade any of the provisions of this act, or who shall willfully violate, disregard, or evade any of the rules, regulations, orders, or directions of the live-stock sanitary commission establishing and governing quarantine shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $10 nor more than $500.

SEC. 16. The commission 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 may be necessary to carry into full effect all orders by it given.

SEC. 17. The commissioners shall have power to call upon any sheriff, under sheriff, deputy sheriff, or constable to execute their orders, and such officers shall obey the orders of said commissioners, and the officers performing such duties shall receive compensation therefor as is prescribed by law for like services, and shall be paid therefor in like manner. And any officer may arrest and take before any justice of the peace of the county any person found violating any of the provisions of this act, and such officer shall immediately notify the prosecuting attorney of such arrest, and he shall prosecute the person so offending according to law.

SEC. 18. Whenever the governor of the State shall have good reason to believe that any dangerous, contagious, or infectious disease has become epizootic in certain localities in other States, Territories, or countries, or that there are conditions which render such domestic animals from such infected districts liable to convey such disease, he shall by proclamation prohibit the importation of any live stock of the kind diseased into the State, unless accompanied by a certificate of health given by a duly authorized veterinary surgeon; and all such animals arriving in this State shall be examined immediately by the commission, or some member thereof, and if he or they deem necessary he or they shall have said animals inspected by the State veterinary surgeon, and if in his opinion there is any danger from contagion or infection, they shall be placed in close quarantine until such danger of infection or contagion is passed, when they shall be released by order of said commission or some member thereof.

SEC. 19. For the purposes of this act each member of the live-stock sanitary commission is hereby authorized and empowered to administer oaths and affirmations. SEC. 20. This commission is hereby authorized and required to co-operate with any board or commission acting under any present or future act of Congress for the suppression and prevention of contagious or infectious diseases among domestic animals, and the same right of entry, inspection, and condemnation of diseased animals upon private premises is granted to the United States board or commissiou as is granted to the commission granted under this act.

SEC. 21. The commission shall make biennially a detailed report of its doings to the governor, which report shall be transmitted to the legislature at its regular biennial session.

SEC. 22. Nothing in the provisions of this act shall be construed so as to include sheep or horses.

Ordered to take immediate effect.
Approved, June 10, 1885.

AN ACT to regulate and provide for the carrying, yarding, and feeding of so-called Texas cattle while in transit into or across this State between the 1st day of April and the 1st day of November of each

year.

[Act No. 198, laws of 1885.]

SECTION 1. The people of the State of Michigan enact, That it shall not be lawful to transport any neat cattle into or across this State, yard or feed the same, that have been reared or kept south of the thirty-sixth parallel of north latitude, and that have not subsequently been kept continuously at least one winter north of said parallel, and which may be brought within the limits of this State between the 1st day of April and the 1st day of November following, except in the manner hereinafter provided.

SEC. 2. It shall be the duty of all railroad companies doing business in this State to receive and transport while in this State the class of cattle mentioned in section 1, only in cars that are branded or lettered legibly and distinctly, and in plain view, the words, "For the transportation of Texas cattle only;" and they shall not permit or allow any other class of cattle to enter those cars between the 1st day of April and the 1st day of November following: Provided, That cattle coming from other 'States for transportation through this State, when it is impossible to ascertain where they came from, may be shipped in such cars, but shall be treated in all respects as coming from the country south of the thirty-sixth parallel of north latitude.

SEC. 3. It shall be the duty of any railroad company, stock-yard company, or pri. vate individual owning and operating any stock-yard in this State, to receive and feed the class of cattle mentioned in section 1 only in yards separate and apart from yards used for feeding or yarding of other cattle; and these yards shall be in the immediate vicinity and contiguous to a railroad side-track, so that these cattle may not pass over any open common that might be crossed by other cattle, and said yard shall have a sign posted at each entrance thereto, on which shall be plainly lettered, "For the yarding of Texas cattle only;" and no other cattle shall be admitted to these yards between the 1st day of April and the 1st day of November of each year.

SEC. 4. Any railroad company, stock-yard company, or private individual owning any stock-yard in this State, who shall violate any of the provisions of sections 1 and 2 of this act, shall forfeit and pay to the people of the State of Michigan not less than $50 nor more than $500 for each and every such offense, and shall be liable for any and all damages caused to any neat cattle by their failure to comply with the requirements of this act.

SEC. 5. Any person or persons who shall knowingly or willfully place or attempt to place any neat cattle, or other than those mentioned in section 1, in any car or yard provided for in section two or three of this act, and branded and lettered as therein provided for between the 1st day of April and the 1st day of November following, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than $10 nor more than $100, or be imprisoned not less than ten days nor more than sixty days, or both such fine and imprisonment, in the discretion of the court. This act shall not prevent the driving of cattle direct to slaughter-houses from the cars or pens.

Approved, June 16, 1885.

$2133. SEC. 1. The people of the State of Michigan enact, That it shall not be lawful for the owner of sheep, or any person having the same in charge, knowingly to import or drive into this State sheep having any contagious 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 $50, and in default of the payment thereof by imprisonment in the county jail not more than three months.

SEC. 2. That any person being the owner of sheep or having the same in charge, who shall turn out, or suffer any sheep having any contagious disease, knowing the same to be diseased, to run at large upon any common, highway, or uninclosed lands, or who shall sell or dispose of any sheep, knowing the same to be so diseased, without first apprising the purchaser thereof of such disease, shall be deemed guilty of a misdemeanor, and shall be punished by fine in any sum not less than $50, nor more than $100, and in default of the payment thereof by imprisonment in the county jail not more than three months.

SEC. 3. Nothing in this act shall be so construed as to prevent the recovery of damages, in civil actions, against any person or persons who shall import or drive such diseased sheep into this State, or who shall allow such diseased sheep to run at large, or who shall sell such diseased sheep.

Protection against foot-rot in sheep.

$2136. SEC. 1. The people of the State of Michigan enact, That it shall be unlawful for any person or persons to allow to run at large on, or to drive along any highway in this State, between the 1st day of May and the 1st day of November of each year, any sheep known to be infected with the disease known as the foot-rot.

SEC. 2. Any person or persons violating the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and on conviction thereof, shall pay a fine of not less than $25, nor more than $100, in the discretion of the court, in addition to the costs of prosecution, and in case the fine imposed and the costs of prosecution shall not be paid the defendant shall be confined in the county jail not less than thirty days nor more than sixty days, in the discretion of the court.