Pennsylvania Act 1819-59 — STRAYS - SUPPLEMENT TO

act-1819-0-591819 Pa. Act 59Law

Act text
STRAYS - SUPPLEMENT TO
Act of Mar. 5, 1819, P.L. 87, No. 59Cl. 03

A SUPPLEMENT

To the act, entitled an act concerning strays.

Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in general assembly met, and it is hereby enacted by the authority of the same, that whenever the inhabitants of any of the townships in any county within this commonwealth, authorised by the act to which this is a supplement, to elect and return to the court of quarter sessions, some fit person for a town clerk, shall neglect so to elect and make return, the court are hereby authorised to appoint some fit person for the office aforesaid, which person when appointed and notified thereof by the court, shall have and possess all power and authority, and perform the same duty as is vested in and enjoined on the town clerk elected in the manner prescribed by the act to which this is a supplement, and be subject to similar penalties for neglect of duty.

Section 2. Jurisdiction of Justice of Peace

If the owner of any stray or strays, taken up under authority of the act to which this is a supplement, shall not appear upon notice given or having appeared, shall neglect or refuse to make or tender reasonable satisfaction to the party injured, for the damages sustained by reason of the trespass of such stray and for the costs of keeping; or if such injured party shall not accept the satisfaction which may be offered, it shall be the duty of such injured party to make immediate application to any justice of the peace of the proper county, who shall proceed upon such application in the manner directed by the act to which this is a supplement. (1819, March 5, P.L. 87, 7 sm. L. 159, Sec. 2.)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 3. Duty of person taking up stray

If the owner shall not have appeared within ten days after any such stray shall have been taken up, it shall be the duty of the person taking up such stray, to cause the same to be advertised in manner prescribed by the fourth section of the act to which this is a supplement. and if the owner shall not have appeared within sixty days after such advertisement and publication, the person taking up the same, shall make application to a Justice of the Peace, and the same proceedings shall be had as are directed by the act to which this is a supplement. And that so much of the act to which this is a supplement as is hereby altered, be, and the same is hereby repealed. (1819, March 5, P.L. 87, 7 sm. L. 159, Sec. 3.)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 4. And be it further enacted by the authority aforesaid, That all the provisions of this act, and the act to which this is a supplement, passed the thirteenth April, one thousand eight hundred and seven, be, and the same are hereby extended to the counties of Allegheny, Butler, Mercer, Venango, Warren, Crawford and Erie: Provided however, That said clerk shall not be compelled to serve more than one year in seven.

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