Ikilling of ani

SEC. 4. In case of any epidemic disease where premises have been previously quarantined by the territorial veterinary surgeon as before provided, he is further authorized and empowered, when in his judgment necessary, to order the slaughter of any or all diseased animals upon said premises, and of all animals that have been exposed to contagion or infection, under the following restrictions: Said order shall be a written one, and shall be made in duplicate, and there shall be a distinct order and duplicate for each owner of the animals condemned, the May order original of each order to be filed by the territorial veter- mals. inary surgeon with the secretary of the territory, and the duplicate given to said owner. And, further, before slaughtering any animal or animals that have been exposed only, and do not show disease, the territorial veterinary surgeon shall call in consultation with him two respectable practicing veterinarians or physicians, residents of the territory, or, if this is impossible, then two reputable and well-known stock owners, residents of the territory, and shall have written indorsements upon his order of at least one of said consulting physicians or stock owners, stating that said action is necessary, before such animal or animals shall be slaughtered.

of

A jury shall appraise

SEC. 5. Whenever, as herein provided, the territorial veterinary surgeon shall order the slaughter of one or more animals, he shall, at the time of making such order, notify in writing the nearest justice of the peace, who shall thereupon summon three disinterested citizens, who shall be stock owners of the neighborhood, to act as three persons appraisers of the value of such animals. Said appraisers, the value of before entering upon the discharge of their duties, shall animals killed. be sworn to make a true and faithful appraisement, without prejudice or favor. They shall, after making their appraisement, return certified copies of their valuation, a separate one being made for each owner, together with an accurate description of each animal slaughtered (giving all brands, ear marks, wattles, age, sex, and class, as to whether American, half-breed, or Texas), to the justice of the peace by whom they were summoned, who shall, after entering the same upon his record and making an indorsement upon each showing it to have been properly recorded, return it, together with the duplicate order of the territorial veterinary surgeon, to the person or persons owning the animals slaughtered; and it shall be the

duty of the territorial veterinary surgeon to superintend the slaughter of such animals as may be condemned, and also the destruction of the carcass, which latter shall be by burning to ashes, and shall include every part of the animal and hide, and also excrement as far as possible. He shall cause the said slaughter and burning to be done as cheaply as practicable.

SEC. 6. The territorial veterinary surgeon shall make Veterinary a report at the end of every year to the governor of all surgeon shall matters connected with his work, and the governor shall ally to the gov- transmit to the several boards of county commissioners end of each such parts of said report as may be of general interest

report annu

ernor at the

year.

to the breeders of live stock. The governor shall also give information in writing, as soon as he obtains it, to the various boards of county commissioners of each cause of suspicion or fresh eruption of disease, in each locality, its cause, and the measures adopted to check it.

SEC. 7. Whenever the governor of the territory shall have good reason to believe that any disease covered by this act has become epidemic in certain localities in another state or territory, or that conditions exist which render domestic animals and Texas cattle liable to conGovernor may vey disease, he shall thereupon, by proclamation, schedtation of ani- ule such localities, and prohibit the importation from als from in them of any live stock of the kind diseased into this terin other states ritory, except under such restrictions as he, after conand territories. sultation with the territorial veterinary surgeon, may

prohibit impor

fected districts

quarantine.

deem proper. Any corporation or any person or persons who, after the publication of such proclamation, shall knowingly receive in charge any such animal or animals from any one of said prohibited districts, and Penalty for transport or convey the same within the limits of this disregarding territory, shall be deemed guilty of a misdemeanor; and, upon conviction, be fined not less than one thousand dollars and not more than ten thousand dollars for each and every offense, and shall further become liable for any and all damages and loss that may be sustained by any person or persons by reason of the importation or transportation of such prohibited animals.

SEC. 8. It shall be the duty of any person or persons who shall have or suspect that there is upon his or their premises, or upon the public domain, any case of contagious or infectious disease among horses, mules, cattle,

The

owners of animals suspected of being

port.

or asses, to immediately report the same to the territorial veterinary surgeon, and a failure so to do, or any attempt to conceal the existence of such diseases, or to willfully or maliciously obstruct or resist the said territorial veterinary surgeon in the discharge of his duty diseased to reas hereinbefore set forth, shall be deemed a misdemeanor, and any person or persons who shall be convicted of any one of the above acts or omissions shall be fined not less than fifty dollars, nor more than five hundred dollars, for each and every such offense, and shall forfeit all claims. to indemnity for loss from the territory; and, upon conviction a second time, shall, in addition to the abovenamed fine, be imprisoned in the county jail for a term not less than thirty days nor more than six months.

SEC. 9. The following regulations shall be observed in all cases of disease covered by this act :

Prohibited

ani

mals, or those

First. It shall be unlawful to sell, give away, or in any manner part with, any animal affected with, or suspected of being affected with, contagious or infectious from selling disease; and in case of any animal that may be known diseased to have been affected with or exposed to any such dis- suspected of beease, within one year prior to such disposal, due notice of the fact shall be given in writing to the party receiving the animal.

ing diseased.

diseased ani

Second. It shall be unlawful to kill for butcher purposes any such animal, to sell, give away, or use any part of it, or its milk, or to remove any part of the skin. Prohibited A failure to observe these provisions shall be deemed a from killing misdemeanor; and, on conviction, shall be punished by mals for the a fine not less that one hundred dollars, nor exceeding purpose of sale. five hundred dollars. It shall be the duty of the owner or person having in charge any animal affected with, or suspected of being affected with, any contagious or infectious disease, to immediately confine the same in a safe place, isolated from other animals, and with all necessary restrictions to prevent dissemination of the disease, until the arrival of the territorial veterinary surgeon. The above regulations shall apply as well to animals in transit through the territory as to those resident therein; and the territorial veterinary surgeon, or his duly authorized agent, shall have full authority to examine, whether in car or yards or pastures or stables or upon the public

Claims

value of ani

be
to territorial

justment.

domain, all animals passing through the territory or any part of it, and, on detection or suspicion of disease, to take possession of and treat and dispose of said animals in the said manner as is prescribed for animals resident in the territory.

SEC. 10. All claims against the territory arising from the slaughter of animals under the provisions of this act, shall, together with the order of the territorial veterinary for Surgeon, and the valuation of the appraisers, in each mals killed to case be submitted to the territorial auditor, who shall submitted examine them without unnecessary delay, and for each auditor for ad- one that he finds to be equitable and entitled to indemnity under this act, shall issue his warrant on the stock indemnity fund in the hands of the territorial treasurer for the sum named in the appraisers' report to the person so entitled thereto. In auditing any claim under this act it shall be the duty of the auditor to satisfy himself that it does not come under any class for which indemnity is refused by this act, and he shall require the affidavit of the claimant to this fact; or if the claimant be not cognizant thereof, then of some reputable person who is cognizant thereof; and also the certificate of the territorial veterinary surgeon, whose duty it shall be to inform himself fully of the facts, that in his opinion the claim is legal and just, and the auditor may at his discretion require further proof.

The indemnity to be granted shall be two-thirds of the ordinary value of the animal as determined by the apTwo-thirds praisers, without reference to its diminished value beimals killed to cause of being diseased. It shall be paid to the owner be paid by the upon his application and the presentation of the proofs

value of a n

territory.

demnity

lim

prescribed herein; and it shall be the duty of said owner to make such application within six months after the slaughter of the animal for which payment is claimed, failing which, such claim shall be barred by limitation. These payments shall be made by the territorial treasurer as before provided, and from the fund provided by this act.

The right to indemnity under this act is limited to anRight to in-imals destroyed by reason of the existence or suspected existence of some epizootic disease, generally fatal and incurable, such as rinderpest, hoof and mouth disease,

ited.

pleuro-pneumonia, anthrax, or Texas fever, among bovines, and glanders among horses. For the ordinary contagious diseases not in their nature fatal, such as epizootic influenzas in horses, no indemnity shall be paid.

The right to indemnity shall not exist, and payment of such shall not be made, in the following cases:

First. For animals belonging to the United States.

Second. For animals that are brought into the territory contrary to the provisions of this act.

Third. For animals that are found to be diseased, or that are destroyed because they have been exposed to disease, before or at the time of their arrival in the territory.

Fourth. When an animal was previously affected by any other disease which, from its nature and development, was incurable and necessarily fatal.

Fifth. When the owner or person in charge shall have knowingly or negligently omitted to comply with the provisions of sections eight and nine of this act.

Sixth. When the owner or claimant at the time of coming into possession of the animal knew it to be diseased, or received the notice specified in the first clause of section nine of this act.

Seventh. When the animal or animals have been brought into the territory within sixty days immediately preceding the outbreak of disease among or upon them.

SEC. II. The territorial veterinary surgeon shall

Certain animals not to be paid for.

Compensation

surgeon.

receive for his services the sum of three thousand dollars per annum, together with his actual necessary traveling of veterinary expenses when in performance of his duty. These payments shall be made from the funds in the territorial treasury, upon vouchers signed and sworn to by him, and submitted to the territorial auditor, who shall draw From fund paid. warrants upon the territorial treasurer, for the amounts if found correct; separate vouchers being made for salary and expenses. No person shall be competent under this

what