2 R. S., 47. Petition to House

of

tives.

CHAPTER 54.

IMPEACHMENT.

Mode and manner of instituting Impeachments-Tried by the Senate-Senators to be sworn.

§ 1. A person desirous of procuring the impeachment of any officer shall, by petition in writing to the House of Representa Representatives, signed by himself, and verified by his own affidavit and the affidavits of such others as he may deem necessary, set forth the facts upon which he prays an impeachment.

Petition to be referred.

The committee to prosecute.

summoned.

1. The House shall refer the petition to a committee, with power to send for persons and papers, and to report thereon. 2. If an impeachment be ordered, a committee shall be appointed to prosecute the same, whose chairman shall, within five days, lay the same before the Senate.

3. The Senate shall appoint a day for hearing the imAccused to be peachment. The accused shall be summoned, by precept issued by the clerk of the Senate, to appear on that day. The precept shall be served in person, or a copy left at his residence with some white member of his family over the age of sixteen years, together with a copy of the impeach

nesses.

ment.

4. The clerk of the Senate shall, at the instance of the Summoning wit- chairman of the committee, or of the accused, issue process for the summoning of witnesses, and the production of books or papers, which shall be executed in the same manner, and be obeyed under a like penalty, as is prescribed for disobedience to similar process issued by a court.

5. A witness summoned shall also receive like compensaPay of witnesses. tion, and have the same privilege in going, remaining, and

As to costs.

returning.

6. If the accused is acquitted, he shall be entitled to his costs, to be taxed by the clerk, and paid by the party petitioning; and if he be convicted, he shall, in like manner, pay such party the costs incurred in behalf of the prosecution. The amount of costs so taxed by the clerk in favor son having the care of him, or with whom he lives, or the keeper of the asylum or institution in which he may be confined.

2. This act shall take effect from and after its passage.

Approved January 24, 1873.

of either party, may be recovered by motion against the other, after five days' notice, in a circuit or county court. § 2. Before the Senate proceeds to try an impeachment, Oath of Senators. the Speaker and every member present shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and impartially try the impeachment against A B, and give my decision according to the law and the evidence.”

§ 3. In like manner, under like responsibility, a person may petition either or both Houses to have an officer removed by address, which shall, in like manner, be referred to a committee. In either mode of proceeding, the petitioner shall be responsible to witnesses and to the accused for the costs of an investigation before a committee, to be taxed by the clerk of the House appointing the committee, recovered, as before directed, if the committee report against the petition, and the report be not overruled by the House.

Removal of officosts.

cer by address;

essary.

4. Proceedings for impeachment or removal by address No petition nec may be instituted by the House of Representatives without a petition from any person.

What a Lawful Fence-Damages to Owner of Stock-Dam

ages to Occupant, &c.

Myers' Sup., 272. What is a lawful fence.

§ 1. Every strong and sound fence of rails or plank or 2 R. S., 48-49. iron, five feet high, and being so close that cattle or other stock cannot creep through, or made of stone or brick, four and one half feet high, or a ditch three feet deep and three feet broad, with a hedge two feet high, or a rail, plank, stone, or brick fence two and a half feet high on the margin thereof, the hedge or fence being so close that cattle cannot creep through, shall be deemed and held to be a lawful fence. § 2. If any cattle shall enter into any grounds inclosed by lawful fence.

Damages, etc., for breaking a

turning cattle

a lawful fence, the owner or manager of the cattle shall, for the first breach, be liable to the owner or occupant of such ground for such damages as he may have sustained thereby; and for every subsequent breach by the cattle of the same owner, double damages. And after having given the owner or manager of such cattle at least five days' notice, in writing, of the fact of two previous breaches into the same. inclosure by the cattle of the same owner, the owner or occupant of such inclosure shall be entitled to said cattle if again found trespassing on said inclosure, or he may, at his election, kill the cattle and sue for and recover treble damages of the owner or manager for the third or any subsequent breach. (a)

§ 3. It shall not be lawful for the owner, or any person Non-residents having the care of any cattle, who is a non-resident of this loose in this State State, to bring the same into this State and turn them loose to range or pasture in the woods. The cattle of such nonresident so brought into this State, if found running at large upon the lands of other persons, shall be forfeited to the uses and purposes hereinafter mentioned.

attached.

§ 4. Any justice of the peace of the county in which Such cattle to be such cattle may be found shall, upon complaint to him made, issue his warrant of attachment, directed to any constable of his county. The constable receiving the warrant shall forthwith attach and safely keep the cattle, and return the facts, with the warrant, to some justice of the peace of the county. The justice shall thereupon cause a jury of housekeepers to be empanneled and sworn to try the facts. If, by the verdict of the jury, it shall be found that the cattle were brought within the county by a non-resident and turned Cattle to be sold. loose to range, the justice shall order such cattle to be sold for cash, at public sale, after at least ten days' public notice.

Jury to be empanneled.

(a) The Legislature has constitutional power to regulate, by statute, the relative rights and responsibilities of the proprietors of inclosed land, and the owners of stock going at large, or kept in adjacent inclosures, as is done by chapter 50 of the Revised Statutes, and the act of 1863 (Myers' Supplement, 272) amendatory thereof. (Wills vs. Walters, 5 Bush, 351.)

2. It was intended, in enacting said statutes, to provide a just and reasonable protection for the rights of owners of inclosed land and of stock, and to limit the right of redress for injuries, in either class, to their own compliance with the law, whether it was a division fence or not. (Ibid.)

3. The penalty of double damages, denounced by section 3, article 1, chapter 50, Revised Statutes, against any person not having a lawful fence, who shall, in any mode, hurt, lame, kill, or destroy any cattle which may have broken over or through said fence into his inclosure, applies to one who used and controlled the premises, whether he was the owner or not. (Jones vs. Hood, 4 Bush, 80.)

NOTE.-Section 3, article 1, chapter 50, of the Revised Statutes, is not made part of the General Statutes.

of the time, terms, and place thereof. The proceeds of the sale, after deducting the expense of keeping the cattle, and one dollar and fifty cents for services of the constable, and one dollar for those of the justice, shall be paid by the constable to the common school commissioner, to be applied in aid of the common school fund of that county.

ARTICLE II.
Partition Fences.

§ 1. When a partition fence has existed or may hereafter exist by agreement or acquiescence between two or more persons, neither party shall remove the same without the consent of the others, except between the first of December and the first of March next ensuing.

months' notice to be given

§ 2. No such change as named in the last section shall be Three made unless three months' previous notice in writing shall be given to the opposite party by the person desiring to make the same.

§ 3. Whenever a division fence exists, each party thereto shall be required to keep a lawful fence on his proportion of the line; and in case he neglects or fails to do so, the party so failing shall be liable for all the damage the other party may sustain from the trespassing of cattle or other stock over said division fence; and the party sustaining the injury may bring his action, and recover the same as is now provided for by law in cases of trespass.

Parties to dis responsible.

ion fence-hov

pair.

§ 4. If one part owner of a division fence shall fail, after How kept in rereasonable notice, to repair the same, as far as is needful and proper, the other part owner may proceed to repair the same, and recover from the recusant the value of the repairs so made.

ARTICLE III.
Division Fences.

division fences.

§ 1. Persons owning adjoining lands may agree in regard Agreement as to to the erection of division fences between them, and the keeping of the same in repair; and if the agreement be reduced to writing, and signed by the parties thereto, and acknowledged or proven by the oath of one or more subscribing witnesses, before the clerk of the county court of the county in which the lands are situated, may be entered of record in the office of said clerk as deeds are recorded, and with the same effect.

GEN. STAT.-35

§ 2. If the cattle of the one shall pass over or through such division fence, and go upon the lands of the other, at any point at which he is bound to build and keep in repair, he shall be responsible for the damage they may do, unless his fence is a lawful one, but shall not be responsible for damages in case they break through or pass over the fence at any point the other is bound to build and keep in repair, unless it be a lawful fence.

ARTICLE IV.

Trespass by Cattle.

§ 1. If the owner or bailee of cattle shall have a lawful fence, and they shall break through or pass over his fence, and go upon the premises of another, not inclosed by a lawful fence, he shall not be responsible for the first trespass, but shall be liable for the damages of all subsequent trespasses.

How company formed.

CHAPTER 56.

INCORPORATED COMPANIES.

How formed Their Rights, Privileges, and Duties.

§ 1. Any number of persons may associate themselves Acts 1869-70, 94 together and become incorporated for the transaction of any lawful business, except banking and insurance, and for the construction of railroads; but such incorporation shall confer no powers or privileges not possessed by natural persons, except as hereinafter provided.

§ 2. Among the powers of such bodies-corporate shall be

Their rights and the following:

powers.

1. To have perpetual succession.

2. To sue and be sued by the corporate name.

3. To have a common seal and alter the same at pleasure. 4. To render the shares or interests of stockholders transferable, and to prescribe the mode of making such transfers.

5. To exempt the private property of members from liability for corporate debts.

6. To make contracts, acquire and transfer property, possessing the same powers in such respects as private individuals now enjoy.

7. To establish by-laws, and make all rules and regulations