Chap. 374.—An ACT Appointing Cattle Inspectors.

Approved November 1, 1870.

1. Be it enacted by the general assembly of Virginia, That
whenever any Spanish, Mexican, Texas, or Indian cattle arrive
within any of the counties of this state, except between the
tenth day of November and the tenth day of March in each
year, the county courts of such county or counties are hereby
authorized to appoint three competent and discreet persons in
said county or counties to form and constitute a board for the
inspection of cattle in said county or counties, supposed to be
distempered or affected with a disease called the Texas or
Spanish fever, and such board, or a majority of them, shall
have the power and authority, and shall perform the duties
hereinafter mentioned. Said board shall be called Board of
Cattle Inspectors.

2. Whenever the county court of any county in this state
shall appoint a board for the inspection of cattle under this
act, the clerk of the county court of such county shall, without
delay, make out a commission to each member of said board,
under the seal of the said court, which commission shall be
signed by the judge of said court, and countersigned by the
clerk, and it shall be the duty of such clerk to deliver such
commissions without delay.

3. The board thus appointed in any county shall meet imme-
diately atter receiving their commissions, and being qualified,
select one of their number president of their board; and the
president of said board shall, upon his personal knowledge, or
receiving information from others, that any Spanish, Mexican,
Texas, or Indian cattle are roaming or feeding at large, or are
herded in the county, or are being driven or transported into
or through the county, under any pretext whatever, without
delay give notice to the other members of the board of such
information or knowledge, and they, or a majority of them,
shall proceed to the place where such cattle may be in the
county, and the president of said board shall notify the person
or persons having such cattle in charge, that the board will
proceed to an examination of said cattle, and also hear proof,
and to determine whether said cattle are liable to be con-
demed and adjudged to be affected with what is commonly
known as Texas or Spanish fever, or capable of imparting the
same or any other disease, and killed under the provisions of
this act.

4, Said board, or any member thereof, shall have power to
administer oaths to any witness brought before them, and the
president of said board, or any other member thereof acting
as such, may, whenever they deem it necessary, call upon the
sheriff, or any constable of the county, who shall, when required
to do so, assist them, and furnish a sufficient posse to stop any
drove of cattle being driven, or about to be driven, through
their respective counties, and enforce all orders of said board
necessary to carry out the provisions of this act.

5. If upon examination of such cattle, and receiving evi-
dence in relation thereto, the board find, adjudge, and decide
said cattle to be diseased, or in a condition to communicate
any contagious or infectious disease called or known as the
Texas or Spanish fever, the president of said board, or other
member acting as president, shall issue, under his hand, a writ,
directed to the sheriff, or any constable of the county, com-
manding him to proceed, without delay, to kill all of such cat-
tle, if such board should think it necessary, to prevent the im-
parting of the Texas or Spanish fever to other cattle.

6. Any person or persons who shall knowingly and wilfully
obstruct, resist, oppose, assault, beat, or wound any oflicer
while executing any writ, or performing any of the duties re-
quired by this act, shall be arrested, and upon conviction, shall
suffer all the pains and penalties now prescribed by law, in
case said officer had been engaged in the execution of any writ
or order from any court.

7. The officer executing a writ under this act, shall make a
return thereon within five days thereafter to the president of
said board, stating in full and in what manner he executed
such writ, how many cattle were killed, if any, and the presi-
dent of the board shall cause such writ, with the return
thereon, to be filed in the office of the clerk of the county
court.

8. If the president of the board shall die, resign, or refuse
to serve, or be absent, any other member of said board may
act as president, and a majority of said board are hereby au-
thorized to act and perform any duty imposed upon said board
under this act, and the county court may fill any vacancy in
said board in term time or vacation.

9. Each person appointed inspector under this act, shall hold
his office until his successor shall be appointed and qaalified,
and shall be allowed two dollars per day for each day he may
be actually employed, to be audited by the board of supervi-
sors of the said county, and paid as other county expenses.
All officers executing writs under or by virtue of any of the
provisions of this act, shall be allowed the same fees as are al-
lowed by law for similar services in other cases, to be paid out
of the county treasury.

10. No such inspector, or any officer acting under the au-
thority of said board of cattle inspectors, shall be liable to any
action or to pay any damages for executing or carrying out the
provisions of this act, or any writ or process issued in pursu-
ance thereof.

11. Whenever any cattle shall be ordered to be killed, as
provided in this act, the party owning, and also the party or
parties driving such cattle, shall be liable for all the costs that
may accrue in killing. The president, or the person acting as
president of said board of cattle inspectors, shall issue an exe-
cution for the amount of said costs against the owner or own-
ers, and driver or drivers of such cattle, directed to the sheriff
or constable of the county, which execution shall have the
same force and effect as any other execution which is now by
law directed to such officer, and shall be made returnable to the
president of said board. If such execution is returned not
satisfied, or returned satisfied in part, the county shall pay
the amount not satisfied.

12. Nothing contained in this act shall apply to any Span-
ish, Mexican, Texas, or Indian cattle now within this state.

13. ‘All acts and parts of acts inconsistent with this act are
hereby repealed.

14. This act shall be in force from its passage.

ee ae