xt7x959c6310 https://exploreuk.uky.edu/dips/xt7x959c6310/data/mets.xml Nichols, Edmund Scott, 1862-1916. 1911  books b92-156-29785645 English Rural Publishing Co., : Columbus, O. : Contact the Special Collections Research Center for information regarding rights and use of this collection. Farm law Kentucky. Forms (Law) Kentucky. Kentucky farm laws  : with business forms and business letters / codified by E.S. Nichols. text Kentucky farm laws  : with business forms and business letters / codified by E.S. Nichols. 1911 2002 true xt7x959c6310 section xt7x959c6310 

     The Citizens

Bank of Midway


              INCORPORATED 1880

          CAPITAL 50,000.00
          SURPLUS 12,000.00

  H. L. MARTIN, President  JOHN A. STEELE, Cashier
  C. B. PATTERSON, Vice Prest.  H. C. POYNTER, Asst. Cashier

E VERY man, woman or child who comes to our
   office is treated courteously and his or her business
attended to, to the best of our ability.
   We want your business, because we know we
can serve you well and to our mutual advantage.







Insurance Agents







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Pumps, Hardware
  and Tinware

Job Work a Specialty


 This page in the original text is blank.


Kentucky Farm Laws






          CODIFIED BY

     E. S. NICHOLS
           OF THE
         OHIO BAR

       COPYRIGHT 1911

         Published by
Publishers of Farmn Laws of Thirty States


           DEALER IN







55 East Main Street



     When a man is brought before a court of justice for some offense
he may have committed and offers his want of knowledge of the law in
excuse for his conduct, he is told that "Ignorance of the law is no ex-
cuse," and he is made suffer the penalty. As courts only require of
each citizen the full and fair performance of his duty, and nothing be-
yond, we must therefore conclude that the reason the plea of ignorance
is not accepted is because it falls within the duty of every man to know
the law. But this does not mean that a man shall know all the law;
none but those who make its study and practice a profession are ex-
pected to have a special knowledge of its many branches or departments.
The average citizen has probably performed his full duty when he has
made himself familiar with those laws of his state relating to his own
occupation, his property rights, and those which govern his conduct and
course of action as a member of society.
     To afford to the farmers of Kentucky and those interested in that
occupation, an opportunity to gain a knowledge of the laws of the state
relating to farms, farming and kindred matters, has been the object in
the preparation and revision of this volume. A careful study of its pages
will advance the reader well toward that point where he may feel that
he has fairly discharged the duty of informing himself in those matters
which are of daily concern to all persons residing in farming communi-
ties, or who are in any way interested in agricultural pursuits.
     The laws contained in this volume are based upon the Kentucky
Statutes and the laws enacted by the legislature at its last session, there-
by bring the volume down to date. The number inclosed in brackets at
the end of each section is, except where otherwise indicated, the same
as the section of like number as found in the Kentucky Statutes.
     The number inclosed in brackets at the end of any paragraph indi-
cates that such paragraph is in the same language, or, is, in substance, the
same as the section of like number in the Statutes of Kentucky. The
other references indicate decisions of courts, usually the highest court
of the state, in which the case was decided. The effort has been through-
out to give the law accurately as it is found in force and operation in
the state to-day.
     It is not to be inferred by any one into whose hands this book may
fall that he shall thereby become his own lawyer. No man not intend-
ing to make the practice of law a profession should study it with any
view other than to educate himself and thus broaden his qualifications
for the discharge of his duties as a citizen.          AUTHOR.
     Columbus, Ohio, November 1, 1911.


J D . 13   




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            MIDWAY, KENTUCKY

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                            CHAPTER z.

  L Running at large; strays.
  II. Dogs.
  III. Contagious diseases among animals.
  IV. Crimes and offenses relating to animals.
  V. License to stand stud, jack or bull.
  VI. Lien on animal.
VII. Miscellaneous.

                        I. Running at Large.

    Unaltered horse or jack at large: If any unaltered horse or
jackass, over one year old, is permitted by its owner to run at large out-
side of his inclosure, it may be taken up and confined by any person; and
if the owner be known, notice in writing of such confinement shall be
given him, whose duty it shall be !forthwith to take such animal into his
possession, and pay to the taker-up two dollars. If it be not called for by
the owner, allowing him twenty-five miles for each day he may neces-
sarily 'have to travel after the service of stch notice, the taker-up, at the
expiration of the time, shall take it before a justice of the peace within
the district where he resides, who shall, upon the proof of the facts,
order' said animal to be gelded by some one skilled in the art. [43]
    Fee for gelding; fee to taker-up; lien: The fee for gelding
shall be one dollar. The taker-up, besides the fee for gelding, shall be
allowed two dollars for his trouble, and twenty cents per day for each
day he may keep the horse or jackass, to be paid by the owner, and may
retain the possession of, and shall have a lien on, the animal until paid.
If the animal dies or escapes, the owner shall nevertheless be liable for
the expenses. [44]
    Unknown owner of animal: When the owner of such animal is
unknown to the taker-up, and so verified by his oath, he shall take the
same before a justice of the peace within his district, who shall cause it
to be appraised and dealt with as an estray, except that a notice in writing
of the description of the animal, and residence of the taker-up, shall be
posted up at the door of the court-house, and at one or more public
places in the county; and if it be not called for by the owner, and his
property proved as required in the case of other estrays, within two
weeLs, the taker-up shall again take it before the justice of the peace,
who shall cause it to be gelded, as provided in the first section of this
chapter. The taker-up shall be allowed two dollars for his trouble, and
all reasonable charges paid; and if the animal be not proven and taken
by the owner, he shall, after one year, become the absolute property of
the taker-up. The owner may, at any time, within three years, by prov-
ing his property, recover the valuation of said horse or jackass. [45]





     Bulls running at large may be taken up: If bulls, known to be
mischievous and breachy, are permitted by their owners to run at large
outside of their inclosures, they may be taken up and proceeded with,
and dealt with as provided in cases of horses or jackasses [see section
43, preceding page]; and the liability of the owners shall be the same.
    Submission of question: Upon the petition of one hundred voters
of any county or twenty voters of any magisterial or voting district, filed
in the county court of such county, asking a submission of the question
whether cattle or any species thereof shall be permitted to run at large
in such county, justice's or voting district, the county court shall direct
the officers of election in such county or district to open a poll at the
next regular election held in such county or district, in not less than
sixty days after the filing of such petition, for the purpose of ascertain-
ing the will of the voters of such county or district upon the question
whether or not-they wish cattle or any species thereof to run at large in
said county or district: Provided, however, That before any election
shall be held under the provisions of this act that the fiscal court of the
county shall decide by a majority of the members composing the same
whether said election shall be confined to voting or magisterial dis-
tricts, or shall be to take the sense of the voters of the entire county,'
such decision of said court to be entered on the records of said court,
and the same shall not be changed for a period of four years: And pro-
vided, further, That no subsequent order of said court in respect to the
territory to be embraced at any election shall have the effect to annul or
render void any election held under the provisions hereof until after
the expiration of four years from the date of such election. [4646]
    Vote may be taken every four years: In any district, districts or
county in which a vote is taken under this law another vote shal not
be taken until after the expiration of four years from the time the last
vote was taken. [4651]
    Cattle, when and by whom taken up: Stray cattle may be taken
up and posted by any free-holder by legal or equitable title, by a tenant
of an unexpired lease for not less than three years, or a keeper of a
toll-gate, when found on their respective places orf residence. [4652]
    Time when strays may be taken up and posted: Stray horses,
mules, jacks or jennets may be posted at any time. Other stray cattle
shall not be taken up or posted between the first day of April and the
first day of November, unless taken within the inclosure of the taker-
up, having broken into the same. [4653]
    Property in strays: The absolute property in a stray horse, mule,
jack, or jennet sall be vested in the taker-up at the expiration of two
years after 'the istice shall have received the evidence of the valua-
tion and administered The oath to the taker-up. The like igt in Otlor




stray cattle shall be vested in the taker-up after the expiration of twelve
months from the day the same shall have been posted. [4654J
    Value of strays, when paid owner; death of strays: The taker-up
of any stray cattle shall be bound to pay to the owner the valuation of.
the same, if the stray be a horse, jack, jennet or mule, upon due and
legal proof of his right to the same, at any time within three years
from the day the right of property in the stray shall have been vested
in the taker-up. The valuation of all other stray cattle to be paid in
like manner, upon proof of ownership, at any time within one year after
the right of property is vested in the taker-up. If the stray shall die or
escape from the possession of the taker-up before the owner shall have
claimed the same, he shall not be bound to pay the valuation or account
for the stray. The proof of such death or escape shall rest upon the
taker-up. [4655]
    Posting of strays: Strays shall be taken up and posted. [46571
    NOTEi-As the taker-up is required to go before a justice of the peace, full
particulars can be obtained from him as to procedure.

                               II. Dogs.
    Listing with clerk, fee for: Any person may list any dog, of
which he may be the owner, with the clerk of the county court of the
county of his residence, and shall pay to such clerk a State tax thereon
of one dollar for each dog so listed. [64]
    Dogs to be listed by assessors, who deemed owner of: Each
year every dog over four months old shall be listed for taxation as
herein provided, either by the owner or by the assessor in the name of
the owner, without fixing any valuation thereto. Provided, The owner
may, if he so desires, affix any value thereto he wishes. Every person
waho keeps or harbors a dog, or who knowingly permits the keeping or
harboring of a dog upon his premises, shall, for the purposes of listing
and taxation, be deemed the owner thereof; and the assessor and his
deputies. shall ascertain the owner or harborer of each dog within his
territory, and list and return the same by magisterial districts.   
    When tax due and collectible: The owner of every dog over
four months of age shall pay a license tax thereon of one dollar. The
first assessment under this act shall be made in the year 1906, between
the f fteenth day of September and the thirty-first day of December.
Said license tax shall be due and collectible as other taxes.   
The amount collected by license tax on dogs shall be used to indemnify
losses by the killing or injuring of sheep by dogs, as herein provided.
    Sheep killed by dogs, appraisment of: Whenever any sheep are
killed or injured by dogs, the owner or person having custody of same
shall, without delay and within twenty-four hours after such killing or




.injury is made known to him, notify the magistrate in whose district
the sheep are located and make affidavit setting forth the number of
sheep killed and the number injured, the kind, grade or quality, amount
,and nature of injury thereto, and that such damage was not caused in
whole or in part by a dog owned or harbored by him, and that he does
not know whose dog caused the damage, or, if known, and such account
reduced to judgment could not be collected on execution. The magis-
trate shall then appoint two disinterested and discreet freeholders of
the neighborhood where the injury was done, to appraise the damage,
and shall furnish them with claimant's affidavit or a copy thereof, and the
appraisers shall forthwith examine such sheep and make a written report
on the claim to the magistrate, who shall forthwith forward the claim-
ant's affidavit and the appraiser's report to the county clerk, together with
his recommendation endorsed thereon. The clerk shall file same in his
office and endorse thereon the date of such filing. The magistrate and
each of the appraisers shall be allowed fifty cents for their services, to
be paid out of the dog tax fund of such county as other claims. [68a-3]
    Fiscal court to allow claims: At each meeting of the fiscal
court the claims for loss or damage to sheep, which have been filed not
less than thirty days prior to such meeting, shall be taken up and con-
sidered, and rejected, or, if correct and just, allow the same, or such
parts thereof as may be deemed right: Provided, That the fiscal court
may require additional evidence on any such claims, either by oral testi-
mony or affidavits. Such claims as are allowed shall be filed with the
auditor, who shall, after the first of January of each year, take up all
such claims by counties, and draw his warrants upon the treasurer in
favor of claimant for the amount allowed by the firscal court: Provided,
If the amount of the dog tax fund to the credit of any county be not
sufficient to pay all claims for such county, the auditor shall pro rate
the claims from such county. Any surplus remaining to the credit of
a county after all such claims are allowed shall be transferred to the
credit of the school fund of such county. [68a-4]
    Owner or harborer of dog, when liable for damages: Every
person owning or harboring a dog shall be liable to the party injured
for all damages done by such dog; but no recovery shall be had for
personal injuries to any person when they are upon the premises of
the owner of the dog after night, or upon the owner's premises engaged
in some unlawful act in the day time. Whenever recovery is had before
any court for damages to sheep by a dog, the court may order the de-
fendant to kill or cause to be killed such dog within two days after the
rendition of the judgment. [68a-5]
    Dogs assessed are property, liability for killing: Any dog re-
turned for taxation, and the tax on which is paid when due, shall be re-
garded as property and shall be entitled to the same protection as live
stock    [68a-6]




    Penalty for failure to assess and pay tax, sheriff may kill: Any
owner or harborer of a dog, subject to be taxed, who shall fail or refuse
to list the same with the assessor, shall be fined in any sum not exceed-
ing 10 for each dog he so fails or refuses to list for taxation; and any
person who shall keep or harbor a dog upon his premises or elsewhere,
and who fails or refuses to pay the tax thereon when due, shall be
fined in any sum not exceeding 25 for each offense and, upon convic-
tion, the judgment may include an order requiring such dog to be killed,
which order may be executed by any peace officer, who shall be allowed
1 therefor, to be taxed as costs. It shall be the duty of the sheriff and
his deputies, and each constable in his district, to kill or cause to- be
killed any dog, the owner of which has failed or refused to pay the tax
thereon when due, and for each dog so killed, without the order of a
court, such officer shall be allowed by the fiscal court fifty cents, to be
paid out of the dog tax fund. For the purpose of this act, the tax on
dogs shall be considered due on the first day of March of each year:
Provided, however, The sheriff may collect such tax at any time and
in such manner as taxes are now collectible by law. [68a-7]
    Poisoning dog, penalty for: If any person shall willfully poison
any dog not his own, and not upon the premises of the one so poisoning,
shall be fined not less than 5 nor more than 25. Any person violating
the provisions of this section shall be liable in damages for any dog
poisoned thereby. But nothing herein shall be construed to affect or
render invalid any ordinance of any city providing for killing dogs
running at large. [68a-8]
    Mad dog to be killed, penalty for concealing: A justice of the
peace, on proof that any dog is mad, or has been bitten by a mad dog,
or has killed or wounded any sheep, shall order such dog to be killed;
and the officer who executes the order shall be paid one dollar by the
owner of the dog and collected as costs. If any person shall conceal a
dog so ordered to be killed, or prevent the execution of the order, he
shall be fined 5 for every day he shall so offend. Any, mad dog or
dogs having the disease known as the "rabies" may be killed by any
person. [68a-9]

             III. Contagious Diseases Among Animals.
    Diseased cattle and hogs to be confined: If the owner of any dis-
tempered cattle, or hogs diseased with hog-cholera, shall permit them
to run at large outside of his inclosure, or shall drive the same into or
through any part of this Commonwealth, unless it be from one portion
of his own inclosure to another, he shall forfeit and pay the sum of ten
dollars for each head, and be liable by civil action for any damage that
may occur by the spreading of the disease; and when any such cattle
or hogs shall die, the owner thereof shall cause them to be burned or
buried, and if he fail, he shall be fined five dollars for each offense. [62]




     Failure to confine diseased cattle or hogs: If a justice of the
 peace be informed, by Affidavit, that the owner of such cattle or hogs as
 are described in the preceding section has violated its provisions, it shall
 be his duty to issue his order, in the name of the Commonwealth, to such
 owner, commanding him to impound them; and if he fail or refuse to
 do so, or permit them to escape, or. to be taken from the pound before
 the disease has been removed, he shall have power to order the cattle
 or hogs to be killed and burned or buried; and the constable, or other
 officer who is directed to execute the order, shall be paid by the owner
 two dollars for killing and burning or burying each head, and if he fail
 or refuse tb execute the order, he shall be fined two dollars in each
 case. [63]
                        (Act of March 22, 1910.)
     Owner of diseased stock to report: i. That it shall be the duty.
of the owner or person in charge of any domestic animal or animals,
who discovers, suspects, or has reason to believe that such animal or
animals as aforesaid are affected with any communicable disease, to
immediately report the fact, belief or suspicion to the county live stock
inspector of the county in which the said domestic animal or animals
are found.
    Duties of county live stock inspector: 3. The county live stock
inspector of each county, whenever any case or cases of communicable
disease of any domestic animal of his county are reported to exist,
shall immediately cause the same to be investigated, and, should such
investigation show a reasonable probability that such animal or animals
are affected with a communicable disease, the said county live stock
inspector shall immediately establish such temporary quarantine as may
be necessary, in his judgment, to prevent the spread of disease, and
shall, without delay report all action taken to the state live stock sani-
tary board, and the acts of the county live stock inspector establishing
said temporary quarantine shall have the same force and effect as though
established by the state live stock sanitary board, until such time as
they shall take charge of the case or cases, and the county live stock
inspector of every county in the state shall adopt and enforce such rules
and regulations as said state live stock sanitary board may prescribe,
having for their object the prevention and restriction of any commu-
nicable diseases among domestic animals which may be either threatened
or developed in such localities; and all expense incurred by county live
stock inspector in' carrying out this act shall be a county charge, and
shall be paid in like manner as other expenses of the county are.
    Penalties: 4. Any person who shall have in his or her posession
any domestic animal affected with any communicable disease, knowing
such animal to be affected, who shall permit such animal or animals to
run at large, or who shall keep such animal or animals where the




domestic animals not affected by or previously exposed to such com-
imunicable disease may be exposed to its contagion or infection; or who
shall ship, drive, sell, traffic or give away such animal or animals which
have been exposed to such contagion or infection; or who shall move
or drive any domestic animal in violation of any direction, rule, regula-
tion or order of the state live stock sanitary board or county live stack
inspector, establishing and regulating live stock quarantine, or the re-
striction or spread of communicable diseases among domestic animals,
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in any amount not less than twenty-five dollars nor more
than one hundred dollars for each of such exposed or diseased domestic
animals which he or she shall permit to run at large, or sell, ship, drive,
trade or give away, in violation of the provisions of this act: Provided,
Thatany owner of domestic animals which have been affected with or
exposed to any communicable disease may dispose of the same after
having obtained from the said state live stock sanitary board or county
live stock inspector a certificate of health for such animals.
     Animals in transit: 5. The state live stock sanitary boarl shall
have the general supervision of all communicable diseases among domestic
animals within or that may be in transit through the state, and they are
hereby empowered to establish quarantine against any animal or ani-
mals thus diseased whether within or without the state, and may make
such rules and regulations against the spread of and for the suppres-
sion of said disease or diseases as in their judgment may seem neces-
sary and proper; and in the enforcement of such rules and regulations
they shall have the power to call on any one or more of the peace officers
whose duty it shall be to give all assistance in their power.
    Penalty for obstructing board: 6. Any person who wilfully
hinders, obstructs or otherwise disregards or evades such quarantine as
they may declare, or violates any rule or regulation they shall make in
attempting to stamp out or restrict the spread of any disease or diseases
aforementioned, or who shall resist any peace officer acting under them
-or either of them shall be guilty of a misdemeanor and upon conviction
shall be fined not less than ten dollars nor more than fifty dollars.
    Penalty for failure to notify: 7. In the event of any com-
municable disease aforesaid breaking out, or being reasonably suspected
to exist in any locality in this state it shall be the duty of the local
authorities or person owning or having any interest whatever in said
animals, immediately to notify the county live stock inspector of the
fact, when he shall institute such measures for the restriction or stamp-
ing out of such disease or diseases as he may think necessary. Any
person or persons specified, who shall neglect or refuse to notify said
,county live stock inspector of the existence of any communicable disease
sball be deemed guilty of a misdemeanor and upon conviction be fined
not less than five dollars nor more than twenty-five dollars.




    Animals may be killed: 8. Whenever in the opinion of the
state live stock sanitary board the public safety demands the destruction
of any animal or animals, under the provisions of this act, they shall,
before ordering the killing or slaughtering of same, appoint three dis-
interested freeholders, who shall be sworn before proceeding to act,
and they shall make a just and true valuation of said animal or animals
to be killed or slaughtered, and in valuing shall consider the health and
condition of the animal or animals when killed, and disease proven, and
they shall make and deliver a written certificate setting forth all the
essential facts in the case to the lawful owner, who shall present the
same to the county judge of the county in which such animal or animals
are so killed or slaughtered and the same shall constitute a county charge
to be paid as other claims of the county are.
    Penalty for importing diseased animals: 9. Any person or per-
sons who knowingly shall import or bring into this state any animal or
animals affected with pleuro-pneumonia, rinderpest, glanders, scabies,
footrot, lip and leg or any other communicable disease, or who shall sell
or trade any animal or animals so diseased, shall be guilty of a misde-
meanor and upon conviction shall be fined in any amount not less than
twenty-five dollars nor more than one hundred dollars.
    Governor to co-operate with other states and U. S.: io. The
governor of this state, with the live stock sanitary board may co-
operate with the government of the United States for carrying out the
purposes of this act, and the said live stock sanitary board may appoint
in writing any inspector or employee of the United States department
of agriculture as state inspector of live stock in enforcing the provisions
of this act, in any county or state, when in their judgment it may be
proper and necessary, who shall have and may exercise the powers of
county live stock inspector, and shall be authorized and empowered to
enter premises to inspect live stock and to eiforce the quarantine
of counties, districts, farms and town lots, and to control the movement
of live stock therefrom; and all such inspectors of live stock and the
county live stock inspectors are hereby authorized and empowered to
quarantine and enforce such disinfection of animals and premises as may
be deemed necessary. But no inspector or employee of the United States
department of agriculture shall be paid for their services by the state of
Kentucky or any county of this state.   
    State live stock sanitary board, county live stock inspector: II.
To carry out the provisions of this act there is hereby constituted a state
live stock sanitary board which shall consist of three members of the
state board of agriculture, forestry and immigration, to be chosen there-
from by the members of said board of agriculture, forestry and immi-
gration, the commissioner of agriculture, forestry and immigration and
the 'head of the division of animal husbandry Kentucky agricultural ex-
periment station, are to be ex-officio members of the board.   




There shall also be a county live stock inspector appointed in each county
of the state, the said appointment to be made by the county judge of each
county in the state and he shall be paid by the fiscal court of the county
for which he is appointed. The fiscal court of each county is to fix the
amount paid to its county live stock inspector.
    Not applicable to diseases of hogs: i2. All laws and parts of
laws inconsistent with or repugnant to this act in this state are hereby
repealed, except the laws as to those communicable diseases in domestic
animals which are also dangerous and likely to be communicated to human
beings; and provided, that the provisions of this act shall not apply to
the diseases of hogs.

                        (Act of March 21, 1910.)
    Cholera serum plant: I. That there be, and is hereby, estab-
lished at the Kentucky agricultural experiment station a plant for the
manufacture of serum and virus for the prevention of hog cholera.
    How serum distributed: 2. The preparation of such serum shall
be under the rules and regulations of the director of the experiment sta-
tion and shall be distributed by the commissioner of agriculture and the
state board of agriculture, forestry and immigration.
    Cost of serum: 3. Said experiment station shall charge for the
hog cholera serum manufactured under the provision of this act, cost
price of manufacture not to exceed two cents per cubic centimeter, and
one cent per cubic centimeter for the virus.

           IV. Crimes and Offenses Relating to Animals.
    Stealing horse, mule, jack or jennet: If any person shall steal
a horse, mule, jack or jennet, he shall be confined in the penitentiary not
less than two nor more than ten years. [1195]
    Stealing hog of the value of four dollars: If any person shall
steal a hog of the value of four dollars or more he shall be confined
in the penitentiary not less than one nor more than five years. [119R]
    Killing cattle by poison: If any person shall unlawfully give or
administer poison to any cattle, and thereby cause their death, he shall
be punished by confinement in the penitentiary for not less than one nor
more than five years. [1240]
    Altering brands on cattle or other property: If any person shall
knowiingly alter or deface the marks or brands on any cattle or other
property not his own, without the consent of the owner, he shall be fined
a sum not exceeding two hundred dollars, or imprisoned not exceeding
six months, or both, in the discretion of the jury. [1245]
    Killing, maiming, poisoning or attempting to poison cattle: If
any person shall unlawfully kill, disfigure, injure, maim, poison or attempt
to administer poison to any cattle, not his own, he shall be fined not less
than ten nor more than one thousand dollars, or imprisoned not less than




one nor more than twelve months, or both so fined and imprisoned,
    Driving unbranded sheep on highway: If any person shall drive
sheep for a distance of more