surgeon or physician by them selected to be infected with any contagious disease, may in their discretion order such diseased animal to be forthwith killed and buried at the expense of such city or town. be appraised, and how paid. 1885, 148, § 3. 147. They may cause all such animals, except those Their value to infected with glanders or farcy, to be appraised by three competent and disinterested men, under oath, at the value thereof at the time of the appraisement, and the amount of the appraisement shall be paid as provided in section one; and they shall cause all animals infected with glanders or farcy to be killed without appraisement; but may pay the owner an equitable sum for his services in the killing, and for any reasonable expense incurred by the burial thereof. be kept isolated. 148. They may, within their respective cities and Anima's may towns, prohibit the departure of animals from any enclos- Public Statutes, ure, or exclude animals therefrom. c. 90, § 4. animals through regulated. c. 90, § 5. 149. They may make regulations, in writing, to regu- Passage of late or prohibit the passage from, to, or through their towns may be respective cities or towns, or from place to place within Public Statutes, the same, of any cattle or other domestic animals, and may arrest and detain, at the cost of the owners thereof, all animals found passing in violation of such regulations, and may take all other necessary measures for the enforcement of such prohibition, and also for preventing the spread of any disease among the animals to their respective cities and towns, and the immediate vicinity thereof. be recorded, etc. c. 90, § 6. 150. Such regulations shall be recorded upon the Regulations to records of their cities and towns respectively, and shall Public Statutes, be published in such cities and towns in such manner as may be provided in such regulations. branded. Pen Public Statutes, 151. They may cause every animal infected with any Animals may be such disease, or which has been exposed thereto, to be alty for selling. forthwith branded upon the rump with the letter P; and c. 90, § 7. no animal so branded shall be sold or disposed of except with the knowledge and consent of such mayor and aldermen and selectmen. A person who, without such knowledge and consent, sells or disposes of an animal so branded, Penalty for violation of rules, etc. Public Statutes, c. 10, § 8. Owners suspect ing disease to give notice. Penalty. Public Statutes, c. 90, § 9. or sells or disposes of an animal known to be affected with such disease, or to have been exposed thereto within one year previous to such sale or disposal, shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 152. Any person disobeying the orders of the mayor and aldermen or selectmen, made in conformity with the preceding provisions, or driving or transporting any animals contrary to the regulations made, recorded, and published as aforesaid, shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 153. Whoever knows or has reason to suspect the existence of any such disease among the animals in his possession or under his care shall forthwith give notice thereof to the mayor and aldermen of the city or selectmen of the town where such animals are kept, and for failure so to do shall be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 154. A city or town whose officers neglect or refuse to Public Statutes, carry into effect the preceding provisions shall forfeit a sum not exceeding five hundred dollars for each day's neglect. Penalty on towns for neglect. c. 90, § 10. Lands may be 155. The mayor and aldermen of cities and selectmen taken; dam ages: appeal. Public Statutes, c. 90, § 11. into effect the purposes of this chapter, may, within their respective cities and towns, take and hold, for a term not exceeding one year, any land, without buildings other than barns thereon, upon which to enclose and isolate any animals; and they shall cause the damages sustained by the owner in consequence of such taking and holding to be appraised by the assessors of the city or town wherein the lands so taken are situated; and they shall further cause a description of such land, setting forth the boundaries thereof, and the area as nearly as may be estimated, together with said appraisement, to be entered on the records of the city or town. The amount of said appraise ment shall be paid as before provided, in such sums and at such times as the mayor and aldermen or selectmen respectively may order. If the owner of land so taken is dissatisfied with said appraisement, he may by action of contract recover of the city or town wherein the lands lie a fair compensation for the damages sustained by him; but no costs shall be taxed, unless the damages recovered in such action, exclusive of interest, exceed said appraisement. And the Commonwealth shall reimburse to the city or town four-fifths of any sum recovered of it in any such action. sioners to be Term of office. Removals. Duties. 156. The governor, with the advice and consent of the Cattle commis council, shall appoint a board of cattle commissioners of appointed. not more than three members, whose term of office shall Compensation. commence on the first day of October, eighteen hundred Vacancies. and eighty-five, and who shall hold office as follows:- 1855, 378. One of said members for the term of three years, one for the term of two years, one for the term of one year, and thereafter one of said members shall be appointed annually for the term of three years. The compensation of such commissioners shall not exceed five dollars per day for , actual service, in addition to their travelling expenses necessarily incurred. Any member of the board may be removed by the governor and council, and they may terminate the commissions of the entire board when in their judgment the public safety may permit. Vacancies in the board by the expirations of the terms of service or otherwise shall from time to time be filled by appointment by the governor with the consent of the council. The board of cattle commissioners as now constituted shall cease to exist on the thirtieth day of September, eighteen hundred and eighty-five, and the duties now devolving by law upon said board shall thereafter be performed by the board authorized by this act. commissioners 157. When such commissioners make and publish any Regulations by regulations concerning the extirpation, cure, or treatment to supersede of animals infected with or which have been exposed to men. those by select Public Statutes, c. 90, § 13. Hospital may be established. c. 90, § 14. any contagious disease, such regulations shall supersede those made by mayors and aldermen and selectmen; and mayors and aldermen and selectmen shall carry out and enforce all orders and directions of the commissioners to them directed. 158. Such commissioners shall have all the power and Public Statutes, authority herein conferred upon mayors and aldermen and selectmen; and in addition may establish a hospital or quarantine with proper accommodations, wherein any cattle selected by them may be detained and treated by veterinary surgeons or physicians. And for this purpose the commissioners may take any land and buildings in the manner before provided. Selectmen to notify commissioners. c. 90, § 15. 159. Mayors and aldermen and selectmen, within Public Statutes, twenty-four hours after they have notice that any domestic animals in their respective cities and towns are infected with or have been exposed to any such disease, shall give notice thereof in writing to the commissioners. Commissioners may make regulations as to cattle. c. 90, § 16. 160. The commissioners may make all necessary regulations for the treatment, cure, and extirpation of such Public Statutes, disease, and may direct mayors and aldermen and selectmen respectively to enforce and carry into effect all such regulations as may from time to time be made for that end; and any such officer who refuses or neglects to enforce and carry out any regulation of the commissioners shall be punished by fine not exceeding five hundred dollars for every such offence. May cause in fected animals 161. The commissioners, when in their judgment the Public Statutes, public good requires it, may cause to be killed and buried to be killed. c. 90, § 17. any domestic animals which are infected with or have been exposed to such disease; and except as provided in the following section, shall cause such animals to be appraised in the manner provided above, and the appraised value of such animals shall be paid, one-fifth by the cities or towns in which such animals were kept, and the remainder by the Commonwealth. c. 90, § 18. 162. In all cases of farcy or glanders, the commission- Farcy and glanders. ers, having condemned the animal infected therewith, shall Public Statutes, cause such animal to be killed, without an appraisement, but may pay the owner an equitable sum for the killing and burial thereof. Public Statutes, 163. A person who fails to comply with a regulation Penalty made or an order given by the commissioners shall be c. 90, § 19. punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding one year. 164. Prosecutions under the preceding section may be Prosecntions maintained in any county. where main- Public Statutes, Appraisements. c. 90, § 21. 165. All appraisements made shall be in writing and c. 90, § 20. signed by the appraisers and certified by the mayors and aldermen or selectmen or commissioners respectively, to the governor and council and to the treasurers of the several cities and towns wherein the cattle appraised were kept. may examine Public Statutes, 166. The commissioners may examine under oath all Commissioners persons believed to possess knowledge of material facts persons. concerning the existence or dissemination or danger of c. 90, § 22. dissemination of diseases among domestic animals; and for this purpose shall have all the powers vested in justices of the peace to take depositions and to compel witnesses to attend and testify by chapter one hundred and sixty-nine of the Public Statutes. All costs and expenses incurred in procuring the attendance of such witnesses shall be allowed and paid to the commissioners from the treasury of the Commonwealth, upon being certified to and approved by the governor and council. killed when not Public Statutes, 167. Whenever animals exposed to contagious diseases May sell animals are killed by order of the commissioners, and upon a diseased. post-mortem examination are found to have been entirely c. 90, § 23. free from disease, the commissioners shall cause the same to be sold under their direction, first giving to the purchaser notice of the facts, and if the said purchaser or any other person shall sell said slaughtered animals or any part thereof, he shall in like manner give notice to the |