SEC. 24. That the commissioners, in conjunction with the superintendent, shall have power to appoint and remove all subordinate officers and attendants.

SEC. 25. That three of the commissioners shall constitute a quorum for the transaction of all business.

SEC. 26. That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed; Provided, That nothing in this act shall be so construed as to prevent counties having a population of 40,000 and over from maintaining a poor-house, already erected and established under the present law, until such time as they may see proper to erect and maintain an asylum under the provisions of this act.

2159-2160. Amended by striking out the words "winter or," in the third line of each, so as to apply to all seasons of the year (1887, ch. 67).

After 2163. To prevent the spread of contagious pleuro-pneumonia among cattle (ex. ses. 1885, ch. 9):

SECTION 1. That as soon as practicable after the passage of this act, the governor of Tennessee shall appoint a live-stock sanitary commission, composed of three freeholders of the state, over twenty- Live-stock sanfive years old, whose duty it shall be to act under the orders itary commisof the governor, and examine any cattle in Tennessee reported to the governor as being affected with contagious pleuro-pneumonia, said commission to act when and as hereinafter provided.

sion.

tining or slaugh

SEC. 2. That if the governor shall at any time receive information, given by affidavit of any citizen of the state, made before any justice of the peace in the state, that said citizen is reliably in- Infected aniformed that there has been brought into the State of Ten- mala, quaran nessee any animal or animals suffering from, or that have tering. been exposed to, the disease known as contagious pleuro pneumonia, or that such animal or animals are at any time in the State of Tennessee sick from contagious pleuro-pneumonia, or that have been exposed to such disease, and state the place where such animals are located in the state, and, in the opinion of the governor and the chief of the bureau of agriculture, statistics, and mines of the state, the danger of the spread of such disease shall warrant the expense, then the governor shall, acting in conjunction with the chief of the department of agriculture of the state, and with such aid as the said chief of said department can or is authorized by law to give, quarantine such animal or animals until such time as, in their opinion, all danger shall have passed; or, if in their opinion it may be cheaper and safer to have such animal appraised and slaughtered, it shall be the duty of the governor to summon said sanitary commission, appointment of which is herein provided for, and said commission shall have the power to enter upon the premises where said cattle are in quarantine, and shall go to said place and notify the owner of said animal or animals, in writing, on a day fixed in the notice, not less than five nor more than ten days from the service of said notice. Said commission will examine said animal or animals in conjunction with the representative of the chief of the department of agriculture of the United States, and hear testimony

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touching the sickness of said animal or animals, or exposure of same to disease known as contagious pleuro-pneumonia; and said commission shall swear witnesses, which they shall have power to summon as any justice of the peace would, and in same manner, by subpoena directed to any officer, and shall hear proof, including testimony of experts, touching the sickness or exposure of said animal or animals to contagious pleuro-pneumonia; and it shall have power to continue the investigation from day to day till they are satisfied, and shall determine the fact whether said animal or animals are affected with, or have been exposed to, contagious pleuro-pneumonia; and if in their opinion the safety of the domestic animals in Tennessee demands, or it be necessary to prevent the further spread of disease among the livestock of the state, to destroy the animal or animals so found to be affected with, or to have been exposed to, said disease, as hereinafter provided, said commission shall determine what animals are affected with, or have been exposed to, said disease, and what animals shall be killed, and shall appraise the same, and have them slaughtered, as hereinafter provided, and their carcasses buried; and shall, if they think best, cause the bedding to be burned, and have the place disinfected and managed as, in their judgment, will best protect the livestock of the state.

Proceedings if killed or destroyed; excep

ment.

SEC. 3. That whenever, as in section second provided, the commission shall direct the killing of any animal or animals, or destruction of other property, they shall appraise said animal or animals or property condemned or destroyed, and make an invention to appraise- tory of the same, and furnish the owner or person in charge of said animal or animals with a copy of the same; and, if the owner is dissatisfied with the appraised value of the same, he shall notify said commission, in writing, at or before the time-the day of the slaughter -that he is not satisfied with the appraisement of the same, and demands a trial in the circuit court; and, in case the owner so notifies the commission, they shall file said inventory with the clerk of the circuit court of the county where the animals are, and the clerk of said court shall enter the case on the docket of said court under the style of the State of Tennessee against the owner of the animal or animals, giving his name, as defendant: and it shall be the duty of the court to cause a jury to be impaneled to try the question of the value of said property so destroyed between the state and said party, and hear proof touching the diseased condition of said animals, or exposure of same to disease, and fix their value at date of appraisement and slaughter thereof, taking into consideration their diseased condition, or exposure of same to disease; and, if the jury find said property worth more than the appraised value, the value as ascertained shall be allowed; if less, the value found allowed, and their verdict shall be entered on the minutes. The appraised value of the cattle authorized to be slaughtered shall not be more than the value of so many pounds of cattle for beef, according to the market value. There shall be no compensation given by said commissioners for any cattle which are, at the time of inspection, infected with the disease known as pleuro-pneumonia.

SEC. 4. That either the state or defendant, if not satisfied with the verdict, may move for a new trial or appeal, as in any other civil case in which the state is plaintiff and other party defendant.

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SEC. 5. That the attorney-general of the district in which said case is shall attend to the same, and receive such compensation as he receives in felony cases.

SEC. 6. That, if the owner of animal or animals slaughtered by order of the commission does not notify said commission on the day of the slaughter or destruction of same, in writing, as provided, Payment of that he demands a trial in the circuit court, the commission appraised value. shall furnish the owner with a copy of their inventory and appraisement, and file the original of same with the governor, and the governor shall, upon the filing of the same by the commission, or upon filing the copy by the owner, issue an order on the comptroller to give the owner a warrant on the treasurer for the amount due the owner, as fixed in said inventory, or so much thereof as remains unassumed and paid by the United States.

SEC. 7. That if there are more than one and joint owners of said property, the notice herein provided and the copy of the inventory may be given to either of them; and if the owner cannot be found, may be given to the person in charge of said property or animal, at the time of the inspection and slaughter of same, or destruction of the same.

Notice.

SEC. 8. That upon application of the owner to the clerk of the court in which the final decree is entered, in any case tried under the provisions of this act, by the owner, the clerk shall deliver to the Payment under owner a certified copy of the decree, and he may file the decreee of court, same with the governor, and the governor shall give an order on the comptroller, who shall issue his warrant on the treasurer for the amount found due by said decree to the owner, or as much of the same as remains unpaid by the United States.

sion to report

SEC. 9. That if any person shall hereafter bring into this state any cattle, knowing the same to be affected with, or to have been exposed to, contagious pleuro-pneumonia, it shall be the duty of the Duty of commiscommission, when they cause the same to be destroyed, to destruction. report that fact either to the governor or court, as herein provided; to the court, if the fact is disputed or the appraisement of cattle is demanded to be reported to court, to the governor if not disputed.

SEC. 10. That if the fact is disputed, it shall be submitted to the jury, as provided herein, as one of the issues to be tried by them, and their finding shall be spread on the minutes, with the finding of the value of the cattle.

SEC. 11. That if it appear to the governor, either from the report of the commission in any case in which a trial is not demanded in the circuit court, or from the final decree, as provided herein, that when not paid any owner of catttle so slaughtered brought the same into for. this state, after the passage of this bill, knowing that said cattle were affected with contagious pleuro-pneumonia, or had been exposed to the same, the governor shall not issue any order for payment for same. SEC. 12. That either party dissatisfied with the report of the jury as to knowledge of the disease, or exposure to such disease, as provided in section 10, may have the right of motion for new trial or appeal, as in other cases.

New trial or ap

peal.

SEC. 13. That the governor may call on the sheriff of the county

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where the cattle are quarantined, to appoint some person to enforce the quarantine of cattle.

Veterinary sur

SEC. 14. That it shall be the duty of the commission to have with them a competent veterinary surgeon when they examine and slaughter said animals. They will, through the governor, apply geon to examine. to the chief of the department of agriculture of the United States for such assistance, but if this cannot be had, the governor is authorized to appoint and employ, for any such investigation, a veterinary surgeon, skilled in such diseases, and the commission shall make a part of their report the report of said surgeon on the post mortem examination of slaughtered animals.

Per diem and

SEC. 15. That the commissioners shall each receive two dollars ($2) per day for each day actually engaged in duties, under the order of the governor, and mileage three cents, and their mileage shall mileage. be advanced to them by the governor out of the fund drawn for quarantine purposes. Witnesses summoned by order of the commission shall be paid as witnesses in the circuit court, out of said quarantine fund, if the owner does not demand a trial in the circuit court; but in case the owner demands a trial in the circuit court, the losing party shall pay the cost, but if the owner prove insolvent, the state witnesses will be paid as in any other cases, on return of nulla bona. Any person appointed by the sheriff shall receive one dollar ($1) for each day serving as quarantine officer; Provided, The sheriff shall not appoint more than one such officer or deputy. SEC. 16. That the comptroller, upon requisition of the governor, shall issue his warrant on the treasurer for such sums as may be necessary to meet the expenses of inspecting and quarantining said animals, to be paid out of the funds hereinafter appropriated.

Expenses, how paid.

SEC. 17. That the sum of five thousand dollars ($5,000) is hereby specially appropriated to carry out the provisions of this act.

for.

SEC. 18. That no person, firm, or company shall be paid for any cattle, under the provisions of this act, who have purchased and When not paid brought into this state, or who may hereafter purchase and bring into this state, any cattle which have been affected with, or have been exposed to, pleuro-pneumonia, and such fact was known to, or might, upon proper inquiry, have been ascertained by such person, firm, or company before or at the time of said purchase, or before or at the time of bringing said cattle into this state.

Same. To require common carriers, etc., to disinfect, etc., to prevent spread of contagious pleuro-pneumonia (ex. ses. 1885, ch. 17):

SECTION 1. That it shall be the duty of all public carriers, companies, or other person or persons owning, controlling, or operating any cars, steam-boats, houses, or yards for the purpose of transporting or keeping stock, to cleanse, disinfect, and fumigate such cars, steam-boats, houses, or yards in this state, at such times and places as the commission, veterinarian, or other authorized officer or officers may designate, whenever, in the opinion of said officers, any such order may be necessary to prevent the spread of contagious pleuro-pneumonia.

SEC. 2. That any such public carriers, companies, or other person or

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persons violating any of the provisions of this act, shall be liable to a penalty of five hundred dollars for each offense, to be col- Penalty. lected in a civil action to be prosecuted by or under the

direction of the attorney-general, in the name of the State of Ten

nessee.

SEC. 3. That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed.

Same. To provide punishment for importing animals diseased with contagious pleuro-pneumonia (ex. ses. 1885, ch. 18):

eased cattle into

SECTION 1. That if any person or persons shall bring into the State of Tennessee an animal or animals, knowing the same to be affected with the disease known as contagious pleuro-pneumonia, or Penalty for that the said animal or animals have been exposed to such bringing disdisease, it shall be a misdemeanor, and subject said person state. or persons to indictment, and, upon conviction, said person or persons shall be fined in a sum of not less than one hundred or more than five thousand dollars, and may be imprisoned by the order of the court, at the discretion of the court, not less than ten days, or more than thirty days.

SEC. 2. That all persons who knowingly in any way are concerned in bringing said diseased animal, or animals exposed to disease, into the state, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as in the first section of this act.

tions.

SEC. 3. That whenever the governor shall order any animal or animals, or herd of cattle, placed under quarantine, as provided in an act, entitled "An act to prevent the spread of contagious pleuro- Violating quarpneumonia in the State of Tennessee," and any person who antine regulashall break quarantine regulations as established by the governor, or shall evade the quarantine of said cattle in any way, that it shall be a misdemeanor, and, on conviction, the party violating the same shall be fined not less than one hundred nor more than one thousand dollars.

SEC. 4. That if, after the governor shall order an animal or animals. placed under quarantine, any attendant shall suffer other cattle not under quarantine, or any party who is not an attendant suffer cattle intentionally to mingle with the cattle under quarantine, it shall be deemed a misdemeanor, and, on conviction, the party shall be fined not less than one hundred or more than five hundred dollars, and may be imprisoned, at the discretion of the judge, not less than thirty days.

Penalty for ob

SEC. 5. That any person or persons who own, or are in possession of live-stock which is, or which is suspected or reported to be, affected with infectious or contagious pleuro-pneumonia, who shall refuse to allow, hinder, or obstruct commissioned veterina- structing inrian, or other authorized officer or officers, to examine such spection. stock, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than one hundred nor more than five hundred dollars, or may, at the discretion of the court, be imprisoned not less than ten (10) or more than thirty (30) days.

SEC. 6. That all laws or parts of laws in conflict with this act be, and the same are hereby, repealed.