Pennsylvania Act 1931-156 — LIVE STOCK CONTROL

Act text

LIVE STOCK CONTROL
                 Act of Jun. 10, 1931, P.L. 492, No. 156              Cl. 03
                                  AN ACT

     Relating to the trespassing of live stock on improved lands;
        providing for the taking up, impounding and sale thereof;
        imposing duties on and fixing the fees of constables,
        justices of the peace, and viewers appointed in connection
        therewith; prescribing the procedure for repossession by the
        owner thereof; providing for the fixing and taxing of costs,
        including attorneys' fees; and repealing inconsistent
        legislation.

        Section 1.  Be it enacted, &c., That whenever the words "live
     stock" are used in this act, they shall include all cattle,
     horses, sheep, goats and swine of every age and sex, and shall
     include the plural as well as the singular, and whenever a
     singular noun is used in this act, it shall include also the
     plural thereof.
        (1 amended June 22, 2001, P.L.  , No.40)
        Section 2.  If any person, being either the owner or the
     tenant of any improved lands within this Commonwealth, shall
     discover upon his, her, or their improved lands, whether
     inclosed or not inclosed, any live stock, such person may take
     up the same; and shall forthwith give notice thereof to the
     constable of the township, borough or ward in which such lands
     lie or to any constable of the county, if the constable
     hereinbefore designated is not available for the purpose at the
     time, and such constable shall impound such live stock in the
     possession of the person who originally took up the same or in
     the possession of some other person, as such constable may deem
     best, and the reasonable cost of keeping the same shall be part
     of the costs of the care.
        Section 3.  If the owner of such live stock be known and
     resides within the county where the trespass has been committed,
     it shall be the duty of said constable to give written notice to
     such owner of the fact that such live stock has been impounded,
     the place where impounded, and the name of the person who has
     suffered injuries by reason of said trespass, said notice to be
     served within twenty-four (24) hours after such live stock has
     been impounded by such constable, said notice to be served
     according to any of the methods prescribed by the laws of this
     Commonwealth for the service of a summons in assumpsit.
        Section 4.  If the owner of such live stock be known and does
     not reside within the county where the trespass has been
     committed, it shall be the duty of said constable to give
     written notice to such owner of the fact that such live stock
     has been impounded, the place where impounded, and the name of
     the person who has suffered injury by reason of said trespass,
     said notice to be served by registered mail to be mailed within
     twenty-four (24) hours after such live stock has been impounded
     by such constable.
        Section 5.  If the owner of any such live stock taken up as
     aforesaid shall appear and make satisfaction to the party
     injured for the damages sustained by such trespass, and for the
     costs of keeping such live stock taken up as aforesaid, and the
     fees of the constable for the said services as hereinbefore
     prescribed, within three (3) days after the same were impounded
     as aforesaid, the said live stock so taken up as aforesaid shall
     be released to the owner thereof.
        Section 6.  If the said owner shall not make satisfaction to
     the party injured for the damages so sustained, the cost of
     keeping such live stock and the fees of the constable as
     hereinbefore stated, it shall be the duty of said constable, on
     the fourth day after the same were taken up as aforesaid, to
     complain to any justice of the peace of the county wherein said
     trespass was committed; and said justice of the peace forthwith
     shall issue his warrant directed to three (3) disinterested and
     honest freeholders of the vicinity where the damage was done,
     commanding and enjoining them forthwith to view the trespass,
     and value and appraise the same, with the expenses and costs of
     keeping the said live stock, and to make report thereof to him,
     the said justice, within five (5) days thereafter, which
     valuation and appraisement and return, they, the said
     freeholders, are hereby required to make accordingly.
        Section 7.  The owner of any live stock impounded under the
     provisions of this act shall have the right, at any time before
     the same are sold as hereinafter provided, but not afterwards,
     either to pay all costs then accrued and the amount of the
     damages awarded in the appraisement made by the viewers and
     thereby recover possession of his live stock, or to recover
     possession thereof by an action in replevin in which the person
     who took up the live stock and caused same to be impounded shall
     be defendant; and if the judgment in replevin be for the
     plaintiff, it shall be conditioned upon the plaintiff paying the
     amount of damages sustained by the party injured, the cost of
     keeping the live stock while impounded, and the fees of the
     constable, the justice of the peace, and the three viewers
     appointed by the justice of the peace to value and appraise said
     damages. The verdict of the jury shall itemize such costs, fees,
     and damages. In the event that the verdict returned by the jury
     in the matter of the damages suffered by the party injured is
     equal to or greater than the amount claimed by the party so
     injured, if no viewers have been appointed, or awarded by the
     viewers, if viewers have been appointed, the costs shall be paid
     by the plaintiff and the court shall tax, as part of said costs
     in the replevin case, a reasonable fee for the attorney for the
     defendant in the replevin case, the amount thereof to be fixed
     by the court. In the event that the verdict so rendered is less
     than the amount claimed by the party injured or awarded by the
     viewers, as the case may be, the costs shall be paid by the
     plaintiff, but no fee of any kind for the attorney for the
     defendant shall be taxed as part of said costs.

        Compiler's Note.  Pennsylvania Rule of Civil Procedure No.
            1088(2), adopted March 11, 1991, provided that section 7
            shall not be deemed suspended or affected by the rules of
            civil procedure.
        Section 8.  If the owner shall not redeem said live stock
     within one (1) day after the return of said viewers shall have
     been filed with the justice of the peace, it shall be the duty
     of the said constable to cause an advertisement, either printed
     or in writing, particularly describing such live stock, to be
     posted at (6) of the most public places in the vicinity of the
     property where the damage was done, setting forth a place and a
     time where the said live stock will be sold at public sale.
        At the time and place so fixed, the constable shall proceed
     to sell said live stock to the highest bidder therefor, unless
     the owner thereof appears, pays the costs and damages then
     accrued, or brings action of replevin for the recovery of such
     live stock. If the constable shall have sold the said live
     stock, he shall forthwith make a written report thereof to the
     said justice of the peace, and said justice of the peace shall
     pay all costs and damages then accrued out of the money realized
     from said sale, and not less than three nor more than four
     months after the sale, pay over the surplus, if any there be, to
     the county treasurer of the county wherein the trespass was
     committed. If at any time within two years after the sale of the
     live stock herein provided for, the owner thereof appears and
     submits proof of his ownership satisfactory to the officer
     having said surplus, the said surplus shall be paid to him
     either by the justice of the peace or by the county treasurer
     depending upon which of such officers has such surplus in his
     possession at the time. In the event that the amount of the sale
     is less than the amount of the costs and damages then accrued,
     the costs shall first be paid out of the same, and the balance
     applied upon the damages awarded to the party injured in the
     appraisement made by the viewers, and in the event that the
     amount is not sufficient to pay the costs, the same shall be
     divided pro rata among the persons entitled to said costs. The
     costs shall include the costs of the constable, of the justice
     of the peace, of the three viewers, and the expenses of keeping
     such live stock while impounded.
        Section 9.  The fees of the constable for the services
     contemplated by this act shall be one ($1.00) dollar for each
     animal impounded, for the impounding thereof; two ($2.00)
     dollars for each animal sold, for his services in the sale
     thereof: Provided, however, That in no one case shall the fees
     of the constable for impounding and selling amount to more than
     four ($4.00) dollars. The fees of the justice of the peace shall
     be one ($1.00) dollar for each case, without regard to the
     number of animals impounded, for all cases where no sale is
     made; and three ($3.00) dollars for all cases where a sale is
     made. The fees of each of the viewers appointed to assess the
     damages shall be one ($1.00) dollar for the first hour and fifty
     (50¢) cents per hour for each hour necessarily engaged after the
     first hour.