Title XVII, AGRICULTURE AND ANIMALS

270.400. Killing of feral swine, permitted when — violations, penalty. — 1. For purposes of this section, the following terms mean: (1) "Feral swine", any swine that is born, living, or has lived in the wild, and the offspring of such swine. For purposes of this subdivision, "in …

271.010. Notice and bond. — No person shall post any animal as a stray until he shall have given thirty days' notice of his intention to do so, which notice shall be given within two days after such animal is taken up. And no person shall take up as a stray any unbroken animal be…

271.020. Notice — penalty. — If any animal liable to be taken up be found on any plantation on the fifteenth day of December of any year or on any day thereafter until the fifteenth day of April following, the occupant thereof shall cause notice of such stray to be filed in the o…

271.030. Condition of bond. — The bond required in section 271.010 shall contain a condition that the taker-up will not sell or exchange, take out of this state, abuse or willfully or negligently mistreat, or take out of the county more than five days at a time, any such stray be…

271.040. Any householder may take up stray, when. — If any horse, mule or ass, liable to be taken up, be found on any plantation, and the occupant thereof refuse to take up the same, any householder of the county may give said occupant five days' notice, in writing of his intenti…

271.050. Notice, how given — contents. — The notice required in section 271.010 shall be given by setting up written or printed handbills in three of the most public places in the township in which the property is taken up, and by forwarding a copy of such notice to the county cl…

271.060. Duty of taker-up. — If no person claim and prove said stray within the time limited in section 271.050, the taker-up shall go before some associate circuit judge of the county and file a copy of the notice given by him, as prescribed in section 271.050, and make affidavi…

271.070. Notice to be recorded — appraisers appointed. — The associate circuit judge shall file said affidavit and notice in his office, and cause the notice to be recorded on his stray book, and shall appoint three disinterested householders to view and appraise the property tak…

271.080. Appraisers — oath — duty. — The appraisers shall be sworn to fully, fairly and impartially view and appraise the property; and their appraisement, embracing a description of the size, color, age, sex, marks and brands thereof, and reciting the fact that they were duly sw…

271.090. Record of strays taken up. — If the property so taken up be appraised at seven dollars or more, the associate circuit judge shall, within ten days thereafter, file in the office of the clerk of the county commission a copy of the entries in his stray book. The clerk shal…

271.100. Notice published in newspaper, when. — If the property be appraised at fifteen dollars or upward, the taker-up shall, within ten days after posting any animal, cause notice thereof to be published in some newspaper of the county, or, if there be none, then of an adjoinin…

271.110. Filing of unpublished notice and affidavit. — A copy of said published notice, with the affidavit of the publisher to the effect that such notice has been published according to law, shall be filed by the publisher with the county clerk, who shall preserve the same among…

271.120. Nonhouseholder to file bond — failure. — No associate circuit judge shall allow any person, not a householder, to post any stray before him, without first filing with such associate circuit judge the bond required by law. And when any person, not a householder, shall app…

271.130. Reclamation by owner. — The owner of any stray may, within one year from the time of taking up, prove the same before some associate circuit judge of the county, and upon the payment of the fees herein allowed, and a reasonable compensation for keeping the stray, the own…

271.140. Proof entered on docket, certification. — The associate circuit judge shall enter such proof on his docket, and, within ten days thereafter, certify to the county clerk that such proof has been made; but if the appraised value, at the time of the posting, be less than se…

271.150. Amount for keeping stray. — If the owner and taker-up cannot agree in the amount for keeping said stray, it shall be decided by the associate circuit judge before whom the stray is proved, who shall take into consideration both the cost of keeping and the use and service…

271.160. Failure to reclaim, property vests in taker-up, when. — If the owner fail to reclaim any stray taken up and posted in accordance with this chapter, within one year from the date of taking up, then the title thereto shall vest absolutely in the taker-up; provided, that if…

271.170. File certificate of proof of stray. — The county clerk on receiving the certificate of the proof of any stray shall file the same, and write in the margin of the record and opposite the amount with which the taker-up stands charged the words "proved and reclaimed". ­­---…

271.180. Charge treasurer with amount paid by owner. — When the taker-up shall have filed the receipt of the county treasurer with the clerk of the county commission for the full amount which he is required to pay into the county treasury, said clerk shall charge the treasurer wi…

271.190. Stray book and stray fund record book. — For the purpose of complying with the provisions of this chapter, the county clerk shall keep two books, one of which shall be styled the "county stray book", the other the "stray fund record book". ­­-------- (RSMo 1939 § 14516) …

271.200. Entries in the county stray book. — It shall be the duty of the clerk to enter in the county stray book a correct copy of all entries certified to him by any associate circuit judge of the county in relation to the taking up, posting and proving of strays. ­­-------- (RS…

271.210. Entries in stray fund record book. — The clerk shall enter in the stray fund record book: (1) The name of the taker-up of any stray animal appraised at twelve dollars or more; (2) The date of taking up; (3) The species of animal taken up; (4) The appraised value thereof;…

271.220. Certain names to be appended to the tax books. — The clerk shall, annually, at the time of making up the tax book, append thereto a list of the names of all persons appearing on the stray fund record book, with the several items set opposite each name, except the names o…

271.230. Responsibility of collector. — The county collector shall be responsible on his bond for the faithful collection and payment into the county treasury of all moneys charged against any person in favor of the county school fund, according to the provisions of the stray law…

271.240. Delinquent stray list returned. — The collector shall not sell any property of the taker-up, except the stray, until he shall have returned the delinquent tax list, at which time he shall also return the delinquent stray list under oath that he has used due diligence to …

271.250. Taker-up may turn stray over to collector, when — effect of. — The taker-up may, at any time after the expiration of one year from the time of taking up and after the receipt by the collector of the tax book, turn over the stray to the collector; provided, he has taken p…

271.260. Taker-up not liable, when. — If any stray, legally taken up, get away or die, without the fault of the taker-up, he shall not be liable for the same. ­­-------- (RSMo 1939 § 14523) Prior revisions: 1929 § 12849; 1919 § 4339; 1909 § 840

271.270. Taker-up may use stray, how. — Any person may use or work a stray legally taken up by him, if he do so with care and moderation, but shall not remove the same from the county more than five days at a time, under penalty of twenty dollars, to be collected and paid into th…

271.280. Recovery of damages by owner, when. — If any person sell, swap, take out of this state or willfully or negligently injure or abuse any stray before the legal title thereto shall have vested in him, then the owner, if he shall appear and prove such stray within one year f…

271.290. Reclamation by owner before posting, how. — If, after the setting up of notices, the owner claim and prove any stray legally taken up before the same shall have been posted, he shall be entitled to receive the same on payment of the fees allowed the taker-up for taking u…

271.310. Preservation of papers in clerk's office, inspection. — The county clerk shall receive, file and preserve in his office all such papers sent him, for the inspection of all persons who desire to examine the same. ­­-------- (RSMo 1939 § 14528) Prior revisions: 1929 § 1285…

271.320. Compensation for taker-up — fees of appraisers. — 1. For services rendered in accordance with the provisions of this chapter, the taker-up shall receive the following fees, and no more: (1) For taking up any horse, mule, ass or neat cattle, twenty-five cents; (2) For tak…

271.330. Fees for associate circuit judge. — The associate circuit judge shall be entitled to the following fees and no more: (1) For recording notice of taker-up, twenty-five cents; (2) Recording certificate of appraisers, twenty-five cents; (3) For each certificate of docket en…

271.340. Compensation of publisher for notice and affidavit. — The publisher of any newspaper shall receive for publishing the notice required in section 271.100, and filing the affidavit thereof with the clerk, one dollar and sixty cents. ­­-------- (RSMo 1939 § 14531) Prior rev…

271.350. Fees of county clerk. — The county clerk shall receive for recording each certified copy of the entries in the associate circuit judge's stray book, twenty-five cents; for filing any other paper not required to be recorded, five cents; for making the proper entries in th…

271.360. Penalty for failure to perform duty. — Any printer, clerk, associate circuit judge or other officer, failing to perform the duties enjoined on him by this chapter, shall forfeit to the county not less than five nor more than fifty dollars, and shall otherwise be liable t…

271.370. Fines, penalties and forfeitures to go into school fund. — All fines, penalties and forfeitures, also all moneys, except fees collected from the taker-up of any stray, under the provisions of this chapter, shall be paid into the county treasury, and become a part of the …

272.010. Field to be enclosed by fence. — All fields and enclosures where animals are kept shall be enclosed by a lawful fence as defined in section 272.020. ­­-------- (RSMo 1939 § 14569, A.L. 2001 H.B. 219 merged with S.B. 462) Prior revisions: 1929 § 12906; 1919 § 5511; 1909 §…

272.020. Fencing requirements. — 1. Any fence consisting of posts and wire or boards at least four feet high which is mutually agreed upon by adjoining landowners or decided upon by the associate circuit court of the county is a lawful fence. 2. All posts shall be set firmly in t…

272.040. Judge may appoint viewers to view fence — compensation of appointees. — Upon complaint of either party claiming to be injured because of the trespass or taking up of livestock as described in section 272.030, the associate circuit judge shall, without delay, issue an ord…

272.050. Persons injuring animals liable for damages, when. — If any person who does not maintain a sufficient fence shall hurt, wound, lame, kill or destroy, or cause the same to be done by shooting, worrying with dogs, or otherwise, any of the animals in this chapter mentioned,…

272.060. Division fences — rights of parties in, how determined. — 1. Whenever the owner of real estate desires to construct or repair a lawful fence, as defined by section 272.020, which divides his or her land from that of another, such owner shall give written notice of such i…

272.070. Duty of judge if owners disagree — apportionment of costs. — If either party fails to construct or repair his or her portion of the fence in accordance with the provisions of section 272.060 within a reasonable time, the other may petition the associate circuit court of …

272.080. Value of fence may be recovered, when. — If the person thus assessed or charged with the value of one-half of any fence, under the provisions of this chapter, shall neglect or refuse to pay over to the owner of such fence the amount so awarded, the same may be recovered …

272.090. Fence to be divided for purpose of repair. — If the parties cannot agree as to the part each shall have and keep in repair, either of them may apply to an associate circuit judge of the county who shall forthwith summon three disinterested householders of the township to…

272.100. Duties of persons appointed — their fees. — The persons appointed by the associate circuit judge pursuant to section 272.040 to discharge the duties therein specified shall receive twenty-five dollars each per day for the time actually employed, which shall be taxed as c…