CHAP. 70.—An AC'T to provide for an inspection of cattle,
Approved April 2, 1879.

Whereas cattle brought into this state from places east of the
top of the Blue Ridge mountains, in North Carolina, and south
of the state of Tennessee, have spread infectious diseases
among the cattle of this state to the destruction of many valu-
able cattle and the serious loss of the owners thereof; and
whereas if is necessary for the protection of the cattle of this
state that there shall be a rigid inspection of all cattle brought
into it from infected places; therefore,

1. Be it enacted by the general assembly of Virginia, That
it shall be unlawful to bring any cattle into this state between
the tenth day of March and the tenth day of October of each
year from any piace south of the line separating Virginia from
North Carolina aud Tennessee, and a prolongation thereof to
the Rocky mountains, until the same shall have been inspected
as provided for in this act, and pronounced free from disease
and not lable to communicate diseases to cattle in this state,
or to infect any boat, car, or other vehicle in which they may
be transported or conveyed, so that other cattle may thereby
become infected or diseased: provided, that nothing herein
contained shall require any cattle raised in North Carolina
west of the top of the Blue Ridge mountains, or in Tennessee,
or any oxen drawing wagons, carts or other vehicles, or any
milch cows brought into this state, or to cattle brought from
the state of North Carolina to a county adjacent to said state,
to be used for farm purposes or to be slaughtered in said
county, to be inspected.

2. ‘The governor shall appoint eight inspectors of cattle, who
shall during their terms of office reside as follows: One at the
town of Goodson, one at Patrick Courthouse, one at Danville,
one at Norfolk or Portsmouth, one at Boykin’s depot, one at
Hicksford, one at Covington, and one at Cumberland Gap.
Each inspector shall qualify before the court of the county or
corporation in which he is to reside by taking the oaths required
by section one of chapter twelve, Code of Virginia, edition of
eighteen hundred and seventy-three, and by executing bond
with good security, in penalty of five thousand dollars, condi-
tioned for the faithful performance of his duty. ite shall con-
tinue in office two years from the date of lis appointment, and
until his successor is qualified, unless sooner removed for good
cause; and in case there is no inspector im any county the
duties hereinafter prescribed may be performed by any justice
of the peace of such county, in which case the fees for mispec-
tion shall be twenty-five cents,

3. It shall be the duty of said inspectors to examine care-
fully all cattle brought or attempted to be brought into this
state, which by the first section of this act are prohibited from
being brought into it without inspection, and for the purposes
of such examination any inspector may cause such cattle to be
unloaded from any boat, car, or vehicle in which they may be.
If he finds any diseased cattle, or any cattle having parasites,
ticks, or anything about them liable to spread disease among
the cattle of this state, or liable to Infect any boat, car, or other
vehicle in which they may be transported, so that other cattle
transported in the same would probably become diseased, he
shall at onee brand with a hot iron on the left shoulder of each
head of cattle that he may find so diseased or affected, a letter
C, not less than three inches high and one and a half inches
wide, and shall require the owner or person in charge of such
ealtie forthwith to remove the same from this state; and if the
same is not in twelve hours beyond the limits of this state, the
sajue shall be forfeited, and the mspector shall cause the same
to be killed, and the reasonable costs of killing, not to exceed
one dollar and a half per head, shall be paid by the owner,

4. It shall be the duty of all persons bringing into this state
any cattle required to be inspected, to notify the inspector
nearest the point at which he desires to bring them into the
state, snd to keep them at the state line, or at such other point
not more than one-half mile within the state, as the inspector
may direct, until they have been inspected. Any inspector
may require of each person bringing cattle into this state an
affidavit that all of the cattle brought by him were raised north
of the line separating Virginia from North Carolina and ‘Ten-
nessce, and the prolongation of such line to the Rocky mount-
aing, or in the state of Tennessee, or west of the top of the
Blue Ridge in North Carolina; and may require any trans-
portation company bringing cattle into the state, or its agents
or servants, to exhibit the way-bill or other evidence used by
such company to show where such cattle were shipped, but no
way-bill or other evidence so shown to any inspector shall be
used against such company, its agent or servant m any prose-
cution for viclation of this act. The refusal of any person to
make aflidavit, or of any transportation company, its agent or
servant, fo exhibit any way-hill or other evidence when required
in accordance with the provisions of this section. shail be suf-
ficient evidence that the cattle about which the same was re-
quired are liable to inspection, and the inspector shall proceed
forthwith fo inspect the same.

). It shall be unlawful for any transportation company know-
ingly to transport within this state any cattle required by this
act to be inspected until the same are inspected. For cach
violation of this section, and for each refusal of the company,
its agent or servant to exhibit the way-bill or other evidence as
required by the preceding section, the company shall forfeit
one thousand dollars, to be recovered by presentment, indict-
ment or information in the court having jurisdiction of misde-
meanors in any county or corporation through or in which
such cattle may be transported or such refusal may occur.

6. For each head of cattle inspected the inspector shall
receive from the owner of the cattle the sum of fifty cents, and
shall retain the cattle until the fees are paid. Each inspector
shall retain as his compensation all inspection fees collected
by him.
7. Any person dissatisfied with the decision of any inspector |
may complam to a justice of the peace of the county in which ,
the inspection was made, who shall, by warrant, command the
sheriff, or some constable of the county te summon three free-.

holders of the county, to be named in the warrant, to examine
the condemned cattle, and such freeholders shall, as soon as
may be, and after being swurn by a justice of the peace for
that purpose, examine the condemned cattle and approve or
disapprove the decision of the inspector. If they approve it,
the decision shall stand and the owner shall pay the costs; if
they disapprove it, the decision of the ‘inspector shall be null
and void, and the inspector shall pay the costs. The costs
shall be allowed as follows: Fifty cents to the justice for the
warrant and execution; fifty cents to the officer executing the
warrant for each persen on whom it is served, and one dollar
each to the freeholders who attend. For the costs the justice
may issue execution. ~The determination of any two of the
freeholders shall be sufficient.

8. After inspecting each lot of cattle, the inspector shall

grant a certificate setting forth the date of inspection, name or

the owner, number of cattle inspected, number condemned and
number which passed inspection. If desired by the owner or
person in charge, he shall grant a separate certificate for every
five head of cattle, specifying in it that they are a portion of
a larger lot, the number in such larger lot, and whether or not
any of such larger lot were condemned.

9. Any person who shall bring into this state, without in-
spection, or shall knowingly have in his possession without
their being inspected, any cattle required by this act to be in-
spected, shall be deemed guilty of a misdemeanor, and for
each head of uninspected cattle shall be fined not less than ten
dollars, and may be confined in jail not exceeding ten days.
Any person who shall bring inte this state any cattle previously
condemned by an inspector of cattle, shall be guilty of a mis-
demeanor, and for each head so brought into the state, shall be
fined not less than one hundred dollars and confined in jail
not less than ten days.

10. When cattle are brought into this state from Tennessee
or North Carolina, the burden of proof shall be on the person
or corporation bringing them, to show that they were raised in
Tennessee, or west of the top of the Blue Ridge in North Car-
olina, and the person bringing them may be a witness in his
own behalf; anc in any prosecution for a violation of this act
the person prosecuted may be a witness in his own behalf;
provided that cattle brought from the counties in North Caro-
lina east of the Blue Ridge, to be immediately slaughtered in
the markets of Norfolk, Portsmouth, and Danyille, shall not
be inspected.

11. The word inspector, wherever it occurs in this act, shall
be construed as if followed immediately by the words ‘of cat-
tle,” and the word ‘cattle,’ wherever used in this act, shall be
construed to include cows, calves, heifers, bulls and steers.

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