act-1931-0-156•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.
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