Laws of the Republic of Texas, in two volumes. Volume 01. Page: 213
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part-y to the next justice of the peace, who shall require two
householders of the neighborhood who shall have the privilege of
appointing an umpire and adjust the dispute, and their award
shall be final.
SEC. 4. And be it further enacted, That if any person shall
take orsend away any stray out of the republic of Texas, on any
proetnce whatsoever, through fraud, or shall trade, swap or sell
the same, trnder twelve months, he, she or they so offending, shall
forleit and pay double the amount of the appraisement of such
Atray or strays recoverable before any court of this republic having
jurisdiction thereof, one half to the use of the informer, and
the other half to the use of the county wherein the offence shall
have been committed; and moreover shall pay the owner the
amount of the a prnisemcnt, or if no owner appear, then to
the county, subject to the regulation as is hereinafter ordered under
the sixth section of this act.
SEr. 5. And be itfurther enacted, That if any person shall
take up or use a stray of whatsoever description. contrary to
the meaning of this act, shall for every such offence forfeit and
pay one hundred dollars: recoverable with cost in any court
of this republic, having jurisdiction thereof, one half to the use
of the county and the other half to the person sueing for the
same, and be answerable in a suit for damages to the party aggrieved.
SEC. 6. And be it further enacted, That the property of every
stray or strays so taken up as aforesaid, twelve months after
such appraisement, and not proven away by the owner thereof.
shall be deemed vested in the taker up of the same; provided,
nevertheless, that should the owner apply in eighteen months he
shll receive the full amount of such appraised stray, one half
from the taker up and the other half from the county, after paying.all
reasonable expenses; and provided, also, that the person so
taking up. shall account for and pay into the hands of the clerk
of the county-, one half of the appraised value of all such strays,
according to the true intent and meaning of this act, and if the
taker up shall neglect to account with the said clerk for the same,
he or she so failing, shall forfeit an] pay the appraised value of
all such stray or strays, to be recovered by action of debt before
any court having cognizance thereof, and it-shall be the duty of
the clerk to commence suits respectively against all delinquents
for t a recovery of the same, and shall be entitled to receive
five p r centum on all money recovered and received, and the
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Texas (Republic). Secretary of State. Laws of the Republic of Texas, in two volumes. Volume 01., book, 1838; (texashistory.unt.edu/ark:/67531/metapth45356/m1/213/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .