passing animals sold under the provisions of this chapter shall, within a period of six months immediately ensuing after the date of the sale thereof, be claimed and proved to be the property of any person, it shall be the duty of the poundkeeper at the expiration of such time to forthwith pay the money received for such animals to the owner thereof, less the amount of damages and the expense of taking. keeping, and selling the same; but in the event such animals are not claimed as aforesaid, then such money shall become the property of the county and the poundkeeper shall immediately pay the same into the county treasury; provided, that in case there is a contest between two or more persons claiming to be the owners of any such animals, the poundkeeper shall deposit such money with the county treasurer to be by him paid to the party who shall establish by action his right to the same. ['96, p. 587*.

30. Record of trespassing animals. The poundkeeper shall keep an accurate record of all trespassing animals received by him, which shall contain all the items required by section seventeen together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. Such record shall be open for inspection at all reasonable hours. ['96, p. 587.

Record of estrays, ? 17.

31. Estray brand. There shall be a state estray brand to consist of the letters S. U. which letters shall be three inches in length. The board of county commissioners shall immediately furnish the poundkeeper of each precinct with the proper branding iron, and the poundkeeper shall place such estray brand upon the left side of the neck of all animals sold by him except hogs, sheep, and goats. ['96, p. 587.

32. Fees of poundkeeper and appraisers. The poundkeeper shall be entitled to the following fees: For taking into his possession any animal, or animals, if found together, fifty cents; for driving the same each mile, ten cents; for traveling in delivering copy of certificate of appraisement, ten cents a mile, one way, for the first ten miles, and five cents for each mile thereafter; for advertising, including posting and mailing notices, one dollar; for each bill of sale, including filing copy with clerk, fifty cents; provided, that all animals sold to one person shall be included in one bill of sale; for branding, twenty-five cents for the first, and ten cents for each additional animal; for selling, five per cent of the amount of the sale; for keeping, a reasonable sum, to be determined by the market price of forage and pasturage at the time and place where the animals were kept. Appraisers shall be allowed twenty cents an hour for the time employed, and ten cents a mile, one way, for going to place of trespass. ['96, pp. 587–8.

33. Unlawful sales. The owner of any animals unlawfully impounded or sold may maintain an action to recover the same and damages for the detention thereof. ['96, p. 588.

34. Retaking animals unlawfully. Any person who shall take any animal out of the possession of any one lawfully holding the same under the provisions of this chapter, either by stealth, force, or fraud, or who shall intercept or hinder any person lawfully taking up or attempting to take up such animals, is guilty of a misdemeanor. ['96, p. 588.

35. Cities and towns. The provisions of this chapter shall in no way interfere with existing legal rights of incorporated cities and towns in relation to animals running at large. ['96, p. 588.

Cities may provide for, ? 206, sub. 68. Towns may provide for, ? 302, sub. 4.

36.

CHAPTER 2.

MARKS AND BRANDS.

State recorder. The state auditor is ex officio state recorder of marks and brands. ['96, p. 163*.

37. County clerks auxiliary recorders. There shall be an auxiliary office in every county other than that in which the general office is located, and the duties thereof are hereby devolved on the county clerks respectively. [C. L. § 45.

38. Application to record mark or brand. Fee. Whenever any person wishes to obtain a recorded mark or brand, application therefor may be made to the state recorder direct or through the auxiliary office of the county in which the applicant resides; and it shall be the duty of the state recorder to designate the particular mark or brand to be used by such applicant and to define the place and position it shall occupy on the animal, consulting always the choice or convenience of applicants as far as may be without interfering with previously recorded marks or brands; provided, that if a character is wanted for which there is no type, the applicant shall pay the extra expense thereof. A fee of one dollar shall be collected for each mark or brand so recorded. [C. L. § 46*.

39.

Record. Certificates. The state recorder shall keep a record of all marks and brands, with the names and residences of the persons owning the same, in a book suitable for the purpose, which shall be free to the inspection of all persons interested; and he shall furnish to the owners certified copies of all marks or brands, which certificates shall be deemed evidence in law. [C. L. § 47*.

40. Publication of recorded marks and brands. The state recorder shall prepare once a year, or as often as he may deem expedient, a list of all recorded marks and brands which have not been previously published, and he shall cause a thousand copies of the same to be printed at public expense in pamphlet or other convenient form for distribution. Immediately after publication he shall gratuitously distribute to each auxiliary office a sufficient number of copies to supply the county clerks, sheriffs, county commissioners, city recorders, justices, and constables in their respective counties, and shall distribute one copy each to like officers in his own county; the residue he may dispose of at not exceeding twenty-five cents a copy. [C. L. § 48*.

41. County clerks. Duties. Fees. Clerks of auxiliary offices shall receive and forward to the state recorder all applications for recording marks and brands, and shall furnish to each applicant the recorder's certificate of the mark or brand designated and recorded for him, for which service a fee of fifty cents, in addition to the state recorder's fee, shall be collected. It shall be the duty of the county clerks to distribute gratuitously to the officers in each county mentioned in section forty the printed copies of the recorded marks and brands, and all such printed copies shall be deemed the property of the several officers, respectively, and shall be delivered by them to their successors in office. [C. L. § 49*.

42. Unlawful use of brand. Penalty. Any person using a like brand in the position and place recorded to another shall be deemed guilty of a misdemeanor. [C. L. § 50*.

43.

RE-RECORDING MARKS AND BRANDS.

Owners of live stock to re-record marks and brands within one year. All owners of live stock within the state shall within one year from the eleventh day of March, eighteen hundred and ninety-seven, send in to the recorder of marks and brands for re-recording all recorded marks and brands used by them. ['97, p. 47.

44. Id. Recorded free of charge. The recorder of marks and brands shall for the said period of one year receive for record, free of charge, all marks and brands heretofore recorded in his office and shall re-record the same. ['97, p. 47.

45. Id. Record to be compiled, printed, and distributed. The recorder of marks and brands shall after re-recording said marks and brands, collate, compile, and index in a record of suitable size all such marks and brands and shall furnish the county clerks of the various counties in the state with sufficient copies of said records for the use of such clerks and the constables in said counties. ['97, p. 47.

46. Recording after the year. After the expiration of the one year, as provided in section forty-four, the recorder of marks and brands shall proceed to record further marks and brands submitted for record, as provided by law. ['97, p. 47.

47. Old marks and brands not re-recorded annulled. All marks and brands heretofore recorded not re-recorded, as provided in the four next preceding sections, are hereby declared obsolete and their record null and void. ['97, p. 47.

CHAPTER 3.

RECORDING PEDIGREES.

48. State recorder. Duties. The state auditor is ex officio state recorder of the pedigrees of stock. It shall be his duty to keep suitable records, properly indexed for reference, for recording in separate books the pedigrees of horses, horned stock, and sheep. It shall be his duty to number each kind separately, and record in the order in which they are filed the pedigrees of all animals presented for record, as prescribed in this chapter, and he shall indorse thereon the date and page of record, and shall furnish, when required, certified copies of the pedigree of any animal found of record in his office. [C. L. § 2143*.

49. Pedigree, contents of. A pedigree, to be entitled to record, must set forth the name and description of the animal, its pedigree as far as known, and the name and residence of the owner. Where there is a doubt as to the ancestors of an animal, the owner must state it by prefixing the statement relating to that part of the pedigree with the words: "said to be," or believed to be." Each pedigree must be subscribed and sworn to as being correct by the person owning the animal described, which oath may be administered by the recorder or by any officer authorized to administer oaths. [C. L. § 2144.

50. Fraudulent pedigrees. Any person that shall wilfully post or publish, or cause to be posted or published, or that shall have recorded in any public record kept for recording pedigrees of animals, any false or fraudulent pedigree of any domestic animal, shall be deemed guilty of a misdemeanor. [C. L. $2145*; '96, p. 86*.

51. Id. Sale under. Any person that shall wilfully sell or offer for sale, under a fraudulent pedigree, any domestic animal, shall be deemed guilty of a misdemeanor. ['96, p. 86*.

CHAPTER 4.

DRIVING AND HERDING.

52. Driving away animals. Penalty. Any person, other than the owner or his agent, who shall drive any horses, mules, cattle, or sheep farther

from their usual or customary ranges, or from any field, yard, or street, than the nearest or most convenient corral, and who shall neglect to return such horses, mules, cattle, or sheep immediately to their accustomed range or place from which they were driven, shall be deemed guilty of a misdemeanor. ['96, p. 336*.

53. Mixing animals. Trespass. Every person having charge of or engaged in driving any drove of cattle, horses, mules, or sheep, shall use due diligence to prevent the same from mixing with the cattle, horses, mules, or sheep belonging to actual settlers, and shall also prevent said animals from trespassing on such land as may be the property of an actual settler and used by him for grazing of animals or growing of hay, grain, or timber, and from doing injury to ditches made for irrigation of crops. If any person in charge of or engaged in driving any herd shall injure any resident in the state by driving or herding the same on lands or ditches owned or leased by settlers, the owner or lessee of said herd shall be liable to said owners or lessees for all damages done, and if such injury be wilfully committed, the person driving such animals shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be fined in any sum not exceeding one hundred dollars. [C. L. § 2202*; '96, p. 336–7*.

54. Skinning animals found dead. Any person other than the owner or his agent or employee or other person duly authorized, who shall remove the skin, hide, or pelt from the carcass of any neat cattle or sheep found dead, shall be deemed guilty of a misdemeanor. [C. L. § 2207*; '96, p. 337*.

55. Stock law detectives. Rewards. The board of county commissioners of any county, when such board deems it necessary for the public welfare, may appoint one or more detectives to discover and detect violations of the stock law within any such county, and such detectives shall be paid from the county treasury such compensation as may be fixed by the board of county commissioners; and the board may offer and pay from the county treasury rewards for the detection of persons violating the provisions of this chapter. [C. L. § 2208*; '96, p. 337.

CHAPTER 5.

BULLS, RAMS, ETC.

56. Stud-horses, rams, etc., running at large. Every person owning or having in charge a stud-horse, jack, or ridgel over eighteen months old, or a ram over three months old, who shall permit the same to run at large within the limits of, or on the summer range of, any town or settlement in this state, shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be fined in any sum not exceeding twenty-five dollars for each offense; provided, that if two-thirds of the voters of any county, or isolated part of a county, shall desire, and the board of county commissioners shall so decide, then the provisions of this section shall be inoperative in such county or part of county during such time as the board may determine. [C. L. § 2248*-9*.

57. Keeping bull with range cows. Any person who shall turn loose upon any public range in this state more than twenty head of female breeding cattle without continuously keeping therewith one bull of half-blood or more, of some recognized beef or dairy breed of stock for every twenty head of such female breeding cattle, shall be deemed guilty of a misdemeanor. All such bulls shall be free commoners. ['92, p. 72*.

CHAPTER 6.

DISEASED ANIMALS.

58. Importation of diseased animals. Any person owning or having in charge any domestic animal afflicted with a contagious or infectious disease, that, knowing such animal to be diseased, shall bring or drive the same into this state, shall be deemed guilty of a misdemeanor. [C. L. § 2237*.

59. Killing diseased animals. Any person owning or having in charge any animal afflicted with glanders or farcy, shall, upon discovery of its condition, at once deprive it of life; and any peace officer may deprive such animal of life. on the omission or refusal so to do by the owner or person in charge. Any such owner or person in charge omitting or refusing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.

Cal. Pen. C., Sup., '93 402}*.

60. Diseased animals, care and sale of. Any person owning or having in charge any domestic animal afflicted with a contagious or infectious disease, that, knowing such animal to be diseased, shall allow it to run at large upon any uninclosed land, common, or highway, or that shall sell or dispose of such animal without fully disclosing its condition to the purchaser, shall be deemed guilty of a misdemeanor. [C. L. § 2238*.

61. Id. Removal of. Any person owning or having in charge any domestic animal afflicted with a contagious or infectious disease shall immediately remove the same to some place where it cannot endanger the health of other domestic animals. [C. L. § 2251*.

62. Penalty. Damages. Any person violating any of the provisions of this chapter, in addition to the penalties herein provided, shall be liable for all damages that may accrue to any party damaged by reason of said animals imparting disease. [C. L. § 2239**.

63. Requirements.

CHAPTER 7.

DIPPING SHEEP.

Penalty. Every person owning, controlling, or ranging sheep in the state shall have all such sheep thoroughly dipped at least once a year in some preparation that will kill scab, or shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined in any sum not exceeding one hundred dollars for each offense. ['96, p. 138*.

CHAPTER 8.

REMOVAL AND BURIAL.

64. Requirements. Any domestic animal which may die within the limits of any town or settlement, or near any main-traveled state or county road, shall be removed or buried within two days from the death of said animal by the owner thereof or the person having it in charge. If such person cannot be found, then such animal shall be removed or buried at the expense of the county in which it is found. If any such animal shall die within the limits of any