MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Johnson

AN ACT TO AMEND SECTIONS 69-13-17 AND 69-13-19, MISSISSIPPI CODE OF 1972, TO REVISE THE LIABILITY FOR THE OWNER OF LIVESTOCK WHICH ENTERS THE PROPERTY OF ANOTHER; TO PROVIDE PENALTIES FOR SUCH VIOLATIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 69-13-17, Mississippi Code of 1972, is amended as follows:

69-13-17. Any such livestock as referred to in Section 69-13-1 may be taken up and confined by any person upon whose land such animal, or animals, may have entered or may be found, such person not having consented for the animal, or animals, to run at large on such land, and when so taken up shall be dealt with as estrays. For taking up any animal the person so taking the animal up shall be allowed Ten Dollars ($10.00) per head for each animal so taken up, but in no case shall he be entitled to receive more than Fifty Dollars ($50.00) for stock taken up at any one (1) time. He shall also receive reasonable compensation from the owner of such livestock for feeding and caring for such animals while keeping them.

SECTION 2. Section 69-13-19, Mississippi Code of 1972, is amended as follows:

69-13-19. (1) Every owner of livestock referred to in Section 69-13-1 shall be liable for damages for all injuries and trespasses committed by such animals by breaking and entering into or upon the lands, grounds, or premises of another person; and the person injured shall have a lien upon the animal, or animals, trespassing for all such damage. The damages for such trespass shall not be less than Twenty-five Dollars ($25.00) for each horse, cow or hog, and Ten Dollars ($10.00) for each of the other kinds of stock; and for every succeeding offense, after the owner has been notified of the first trespass or injury, double damages shall be recovered with costs. For breaking or entering into a pasture or waste ground, however, double damage shall not be recoverable, and the damages in such cases may be assessed as low as Eight Dollars ($8.00) for each horse, cow or hog and Two Dollars ($2.00) for each of the other kinds of livestock.

(2) In addition to the liability for damages as provided in subsection (1) of this section, the owner of livestock which enters upon the lands, grounds or premises of another person, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00) for a first offense and not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for a subsequent offense.

SECTION 3. This act shall take effect and be in force from and after its passage.