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270.010. Domestic animals restrained from running at large
It shall be unlawful for the owner of any animal or animals of the species of horse, mule,
ass, cattle, swine, sheep or goat, in
this state, to permit the same to run at large outside the enclosure of the owner of such
stock, and if any of the species of domestic animals aforesaid be found running at large,
outside the enclosure of the owner, it shall be lawful for any person, and it is hereby
made the duty of the sheriff or other officer having police powers, on his own view, or
when notified by any other person that any of such stock is so running at large, to
restrain the same forthwith, and such person or officer shall, within three days, give
notice thereof to the owner, if known, in writing, stating therein the amount of
compensation for feeding and keeping such animal or animals and damages claimed, and
thereupon the owner shall pay the person, or officer, taking up such animal or animals a
reasonable compensation for the taking up, keeping and feeding such animal, or animals,
and shall also pay all persons damaged by reason of such animals running at large, the
actual damages sustained by him or them; provided, that said owner shall not be
responsible for any accident on a public road or highway if he establishes the fact that
the said animal or animals were outside the enclosure through no fault or negligence of
the owner. If the owner of such stock be not known, or if notified and fails to make
compensation for the taking up, feeding and keeping of animals taken up under the
provisions of this chapter, the same shall be deemed strays, and shall be dealt with in
the same manner as required by law with respect to such property as strays, under the
stray law. Any failure or refusal on the part of such officer to discharge the duties
required of him by this section shall render him liable on his bond to any person damaged
by such failure or refusal, which damages may be sued for and recovered in any court of
competent jurisdiction.
270.020. When notice not necessary
If it shall appear and be proven on trial that the owner or owners of such domestic
animals, as set forth in section 270.010, shall have actual notice that his or their said
animals or stock were restrained, and by whom, and that the parties interested could not
agree on the amount of damages demanded, then the three days' notice in writing as
required by section 270.010 shall not be necessary to a recovery.
270.030. Appraisers may be appointed to assess damages
If the owner of such stock so restrained and the taker- up, or the person damaged by such
stock and the owner thereof, cannot agree upon the same, either party may apply to the
circuit court of the county where said taker-up resides for the appointment of three
appraisers to assess the damages done, or reasonable compensation for the taking up,
keeping and feeding such stock, and it shall be the duty of the court to issue a notice to
three disinterested householders of the county to appear at such place in said county as
he may designate, and assess the damages or compensation as herein required.
270.040. Appraisers' oath--assessment proceedings
The persons so notified, or any two of them attending, shall take an oath that they will
fairly and impartially assess the damages or compensation in controversy, and they shall
make out, sign and deliver to each party a written statement of their assessment of
damages or compensation, and upon the payment of the same and the expenses of said
controversy, the owner of such stock shall be entitled to take the same away, and if
refused, he may maintain an action therefor, as in case of wrongful taking or detention of
property.
270.050. Fees
The officer or person serving the notice shall be allowed a fee of thirty-five cents for
each appraiser notified and five cents per mile as mileage to and from the place of
service, and each appraiser shall be allowed a fee of fifty cents, which shall be paid by
the owner of such stock before he shall be entitled to take such stock away; provided,
that if said appraisers assess the amount of damages and compensation for taking up,
keeping and feeding said animal or animals, at a less amount than the amount claimed by
the taker-up on the written statement delivered to the owner, it shall be the duty of the
taker-up of said animals to pay said costs.
270.060. Lawful fence not necessary
It shall not be necessary for any person to fence against any of the species of domestic
animals enumerated in this chapter, and it shall be no defense to any action or proceeding
brought or had, that the party taking up such stock did not have his lands enclosed with a
lawful fence, but nothing herein contained shall be construed to lessen or interfere with
the obligations of the several railroads in this state to fence the right-of-way of such
railroads, as is now provided by law.
270.070. Animals may be driven along public highways
Nothing contained in this law shall be construed as to prevent owners or other persons
from driving any of the species of animals enumerated in this chapter from one place to
another or along any public highway.
270.200. Prohibiting aged and deformed animals from running at large
In all counties and townships that have adopted or may hereafter adopt the provisions of
this chapter, every owner or other person having the legal care of any domestic animal of
the species enumerated in section 270.010, who shall knowingly and purposely refuse to
restrain the same from running at large, when its age, deformity, blindness or other
infirmity would render nugatory the law providing for the sale thereof to pay costs and
damages to any party who might take up said animal, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five
nor more than twenty dollars, or by imprisonment in the county jail for a term not
exceeding ten days.
270.210. Stallions, mules and jackasses not to run at large, when--penalty
If any stallion or any unaltered male mule or jackass, over the age of two years, be found
running at large, the owner shall be fined, for the first offense three dollars, and for
every subsequent offense not exceeding ten dollars, to be recovered by civil action before
an associate circuit judge, in the name of any person who will prosecute for the same,
one-half to his own use and the other half to the use of the county.
270.230. May be killed, when
If any such horse, mule or jackass be running at large, and cannot be taken up, he may be
killed, if notice be first put up at the courthouse door and at three other public places
in the county, for ten days, describing the color, marks and brands, as near as
practicable, of the animal, and that he will be killed unless taken away and secured.
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 between the first
day of April and the first day of November; provided, that any animal which shall have
broken over or through a lawful fence and be found within any person's enclosure, may at
any time be taken up by such person and posted as a stray. And no person not a householder
shall have authority to take up or post any stray animal unless he first enter into a bond
to the state of Missouri, for the use of the owner, in double the amount of the value of
the animal or animals taken up, with sureties, approved by the associate circuit judge
before whom the animal shall be posted.
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 office of the
clerk of the county commission of the county thereof within five days after the finding
such stray. Said notice shall be substantially the same as that of intention to post, and
must be given before any animal liable to be taken up can be posted under the provisions
of this chapter. Any person or persons failing to comply with the provisions of this
section shall be liable to a fine of not less than ten dollars.
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 before the legal
title shall have vested in him, and that he will deliver up such stray to the legal owner
in the manner prescribed by law, and that if the owner does not prove the same within the
time limited, he will faithfully account for and pay over the contingent amount due the
school fund. When the associate circuit judge shall approve such bond he shall forward it
to the county clerk, and on breach of the conditions thereof, the party injured, or any
resident of the county, to the use of the school fund, as the case may be, may bring suit
thereon.
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 intention to take up the said stray, and at
the end of five days from the time of giving notice, may take up said animal and proceed
in the same manner as if it had been found on his own plantation, except that in filing
the affidavit required in section 271.060, he may omit to state that the same was taken up
on his plantation, but in lieu thereof shall state the name of the occupant of the
plantation on which the same was found, and also that he gave said occupant five days'
notice before taking up.
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 clerk at least thirty days
before said property shall be posted, which notice shall contain a description of the
animal, embracing size, color, age, sex, marks and brands, as the same appeared at the
time of taking up, and shall further recite that if the owner does not claim and prove the
same before the expiration of thirty days from the time of setting up said notices, the
same will be posted before some associate circuit judge of the county.
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 affidavit that the animal
or animals was or were taken up on his plantation or the plantation of another, as the
case may be, and that the marks and brands have not to his knowledge been changed since
the same was or were taken up; that he set up or caused to be set up three notices
containing a description of the property in three public places in the township where the
property was taken up, and also forwarded a copy of such notice to the county clerk thirty
days previous to filing this affidavit, and that the notice herewith filed is a true copy
of those set up and forwarded to the county clerk.
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 taken up.
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 sworn, shall be
entered by the associate circuit judge on his stray book.
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 shall record the same in a
book kept for that purpose; provided, that all animals taken up at one time shall be
included in one certificate, and the total appraisement thereof shall govern the action of
the associate circuit judge in complying with this section.
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 adjoining county. Such notice shall be: Taken
up by and posted before , an associate circuit judge of County, on the day of , in the
year , the following described property: (here insert the valuation and description as
given by the appraisers); which notice shall be inserted in said paper for two consecutive
weeks.
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 the records of his office for the
inspection of any person desiring to see the same.
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 appear before an associate circuit
judge to post any stray, and shall fail or refuse to give the required bond, such
associate circuit judge shall immediately appoint some other person, qualified by law, to
take charge and post said stray. At the time of posting, the associate circuit judge shall
deliver to every taker-up a written or printed statement of the duties required by law to
be performed by such taker-up.
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 owner shall be entitled
to such property, with the increase, if any.
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 seven dollars, it shall not be
necessary for the associate circuit judge to forward such certificate to the clerk, but
the proof shall, nevertheless, be entered on his docket.
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 of such stray.
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 said property shall have been appraised at
twelve dollars or more, the title thereto shall not vest in the taker-up till after the
payment into the county treasury by him of a sum equal to one-half of the remainder left
after deducting the total amount of fees due according to sections 271.320 to 271.350.
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 with the same, and write in the margin of
the record, opposite the amount with which the taker-up stands charged, the word
"paid"; or if the taker-up shall not pay into the county treasury the full
amount required by law, the clerk shall only give him credit for the amount paid, and
charge the same to the treasurer accordingly.
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".
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.
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;
(5) The total amount of fees that would be due all parties at the end of one year from the date of taking up according to this chapter;
(6) The contingent amount due the county school fund, which shall be one-half of the remainder after deducting the fees from the appraised value;
(7) He shall also leave a blank column on the right for the purpose of giving the credits herein authorized.
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 of such persons as may have taken up animals
within one year next before the delivery to the collector of said book, or who may have
received credit for the contingent amount due the county school fund as herein provided,
and shall charge the collector therewith.
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, and shall collect and
account for the same in the same manner as for state and county taxes, and no property of
the taker-up shall be exempt from sale in the collection of the amount with which he
stands charged, till he has complied with the provisions of this chapter.
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 collect the same, and
has, after diligent search, failed to discover the stray animals therein mentioned. When
such list is so returned, it shall thereafter be proceeded with in the same manner as the
personal delinquent tax list, and the same fees shall thereafter be allowed the collector,
to be taxed as costs, and be paid by the taker-up.
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 proper care of said stray and otherwise complied with
the provisions of this chapter, and shall hereafter be discharged from further liability;
in which case the collector shall sell said stray, and pay into the county treasury, to
the use of the county school fund, the whole amount realized by such sale, less the
expenses of the sale and the amount of fees charged on the stray delinquent list, which
fees shall be paid to the parties entitled thereto.
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.
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 the county school fund.
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 from the date of taking up, may
recover double the amount of all damages, with costs; but if in such case the owner do not
appear and prove the same within the time limited, the taker-up shall be held absolutely
liable for the contingent amount with which he stands charged on the stray fund record
book, whether he produce said stray to the collector or not; provided, that if any person,
after having posted any stray or strays, desire to remove from the county, he may, with
the consent of the associate circuit judge or the successor of the associate circuit judge
before whom the same was or were posted, turn said stray or strays over to any responsible
householder of the vicinity in which the original taker-up resided, who shall take such
stray or strays subject to all the provisions of this chapter, the same as the original
taker-up; and said associate circuit judge shall make an entry thereof in his stray book,
and certify the same to the county clerk, which certificate shall be by him recorded in
the stray record of his office, and all costs incurred by the provisions of this section
shall be paid by the original taker-up; but such costs shall in no case become a charge
against the animal or animals taken up.
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 up such stray, and for posting up
notices thereof, and a reasonable compensation for keeping the same; but the taker-up
shall not be entitled to compensation for keeping same for more than one day previous to
setting up such notices.
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.
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 taking up any hog, sheep or goat, twelve and one- half cents; and
(3) For each affidavit filed with the associate circuit judge which shall embrace all strays taken up at one time, fifty cents;
(4) For setting up the notices required by law, one dollar and twenty-five cents; and
(5) For transmitting same to county or other paper for publication, twenty-five cents.
2. Each appraiser shall receive fifty cents.
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 entries to county clerk, thirty-five cents;
(4) For issuing summons to appraisers, when such summons is necessary, twenty-five cents.
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.
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 the stray fund
record book, for each stray, five cents.
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 to the party injured in double
damages.
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 permanent school fund of the county.
272.010. Field to be enclosed, how
All fields and enclosures where animals are kept shall be enclosed by a
lawful fence as defined in section 272.020.
272.020. What shall be deemed a sufficient enclosure
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 the ground not more than twelve feet apart
with wire or boards securely fastened to such posts and placed at proper
distances apart to resist horses, cattle and other similar livestock.
272.030. Owners of stock liable for damages--stock may be taken up
If any horses, cattle or other stock shall break over or through any lawful
fence, as defined in section 272.020, and by so doing obtain access to, or do
trespass upon, the premises of another, the owner of such animal shall, for the
first trespass, make reparation to the party injured for the true value of the
damages sustained, to be recovered with costs before a circuit or associate
circuit judge, and for any subsequent trespass the party injured may put up said
animal or animals and take good care of the same and immediately notify the
owner, who shall pay to taker-up the amount of the damages sustained, and such
compensation as shall be reasonable for the taking up and keeping of such
animals, before he shall be allowed to remove the same, and if the owner and
taker-up cannot agree upon the amount of the damages and compensation, either
party may institute an action in circuit court as in other civil cases. If the
owner recover, he shall recover his costs and any damages he may have sustained,
and the court shall issue an order requiring the taker-up to deliver to him the
animals. If the taker-up recover, the judgment shall be a lien upon the animals
taken up, and in addition to a general judgment and execution, he shall have a
special execution against such animals to pay the judgment rendered, and costs.
272.040. Judge may appoint viewers to view fence
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 order to three
disinterested householders of the neighborhood, not of kin to either party,
reciting the complaint, and requiring them to view the fence where the trespass
is complained of, and take memoranda of the same, and appear before the court on
the day set for trial; and their evidence shall determine the lawfulness of such
fence. The persons appointed by the associate circuit judge shall be paid
twenty-five dollars each per day for the time actually employed which shall be
taxed as costs in the case equally against the parties and collected
accordingly.
272.050. Persons injuring animals liable in 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, such person
shall satisfy the owner in double damages with costs.
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 intention to the adjoining
landowner. The landowners shall meet and each shall construct or repair that
portion of the division fence which is on the right of each owner as the owners
face the fence line while standing at the center of their common property line
on their own property. If the owners cannot agree as to the part each shall
construct or 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 or county to appear on the premises, giving three days' notice
to each of the parties of the time and place where such viewers shall meet, and
such viewers shall, under oath, designate the portion to be constructed or kept
in repair by each of the parties interested and notify them in writing of the
same. Such viewers shall receive twenty-five dollars each per day for the time
actually employed, which shall be taxed as court costs.
2. Existing agreements not consistent with the procedure prescribed by
subsection 1 of this section shall be in writing, signed by the agreeing
parties, and shall be recorded in the office of the recorder of deeds in the
county or counties where the fence line is located. The agreement shall describe
the land and the portion of partition fences between their lands which shall be
erected and maintained by each party. The agreement shall bind the makers, their
heirs and assigns.
272.070. Duty of judge if owners disagree--determination of value
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 the county to authorize
the petitioner to build or repair the fence in a manner to be directed by the
court. If the court authorizes such action, the petitioner shall be given a
judgment for that portion of the total cost of the fence which is chargeable as
the other party's portion of the fence, court costs and reasonable attorney's
fees. Any such judgment shall be a lien on the real estate of the party against
whom the judgment may be given.
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
before an associate circuit judge or other court of competent jurisdiction.
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
appear on the premises, giving three days' notice to each of the parties of the
time and place where said viewers shall meet, and said viewers shall, under
oath, designate the portion to be kept in repair by each of the parties
interested, and notify them in writing of the same.
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
costs in the case against the parties and collected accordingly.
272.110. Division fences to be kept in repair
Every person owning a part of a division fence shall keep his or her portion
of the same in good repair according to the requirements of this chapter, and
may enter upon any land lying adjacent thereto for such purpose.
272.120. Division fences not to be removed without consent of owners
No division fence shall be removed without the consent of all the owners
thereof, unless for the purpose of opening a public road or highway.
272.130. Judgment of associate circuit judge reviewed in same manner as other
civil actions
Any person aggrieved by any order or judgment of the associate circuit judge
made or entered pursuant to the provisions of section 272.040 or 272.070 may
have the same reviewed in the same manner as other civil actions.
272.132. Adjoining landowners; fence; record on deed; costs
If either of two adjoining landowners does not need a fence, the landowner
that needs a fence may build the entire fence and report the total cost to the
associate circuit judge who shall authorize the cost to be recorded on each
deed. Should the landowner that claimed no need for a fence subsequently place
livestock against the fence, the landowner that built the fence shall be
reimbursed for one-half the construction costs share to be determined as
provided in section 272.060.
272.134. Adjoining landowners; agreement not to fence
Nothing in this chapter shall prevent adjoining landowners from agreeing
that no fence is needed between their property.
272.136. Adjoining landowners; fence in excess of the lawful fence requirements
Nothing in this chapter shall prevent either of adjoining landowners from
building the landowner or the landowner's neighbor's portion of a fence in
excess of the lawful fence requirements prescribed by this chapter.
272.210. Definitions
As used in sections 272.210 to 272.370 the following words and terms have
the following meanings:
(1) "Lawful fence", a fence with not less than four boards per four
feet of height; said boards to be spaced no farther apart than twice the width
of the boards used fastened in or to substantial posts not more than twelve feet
apart with one stay, or a fence of four barbed wires supported by posts not more
than fifteen feet apart with one stay or twelve feet apart with no stays, or any
fence which is at least equivalent to the types of fences described herein;
(2) "Stay", a vertical member attached to each board or wire
comprising the horizontal members of the fence.
272.220. Fields enclosed, how
All fields and enclosures in which livestock are kept or placed shall be
enclosed by a lawful fence.
272.230. Trespass by stock, damages and compensation--action--lien
If any horses, cattle or other stock trespass upon the premises of another,
the owner of the animal shall for the first trespass make reparation to the
party injured for the true value of the damages sustained, to be recovered with
costs before an associate circuit judge, or in any court of competent
jurisdiction, and for any subsequent trespass the party injured may put up the
animal or animals and take good care of them and immediately notify the owner,
who shall pay to the taker-up the amount of the damages sustained, and such
compensation as shall be reasonable for the taking up and keeping of the
animals, before he shall be allowed to remove them, and if the owner and taker-
up cannot agree upon the amount of the damages and compensation either party may
make complaint to an associate circuit judge of the county, setting forth the
fact of the disagreement, and the associate circuit judge shall be possessed of
the cause, and shall issue a summons to the adverse party and proceed with the
cause as in other civil cases. If the owner recovers, he shall recover his costs
and any damages he may have sustained, and the associate circuit judge shall
issue an order requiring the taker-up to deliver to him the animals. If the
taker-up recover, the judgment shall be a lien upon the animals taken up, and,
in addition to a general judgment and execution, he shall have a special
execution against the animals to pay the judgment rendered and costs.
272.235. Adjoining landowners obligated to build fence--when--exceptions
If there is a need for a fence by either of two joining landowners both
shall be obligated to build and maintain a fence under the provisions of
sections 272.210 to 272.370. Nothing in sections 272.210 to 272.370 shall
prevent joining landowners from agreeing that no fence is needed between their
property.
272.240. Partition fences--owner may demand payment, when
Whenever the owner of real estate desires to erect or construct a lawful
fence which wholly or partially borders the land of another, he shall notify the
other owner that he desires a division fence. If within ninety days after
receiving the notice, the other landowner has not erected or constructed one-
half of the division fence, the owner desiring the fence may apply to the
associate division of the circuit court for an order to proceed with the
construction and ordering the other landowner to pay one-half the value of so
much thereof, as borders his land, and upon the payment shall own an undivided
one-half of the fence; except that no owner shall be required to pay more than
one-half the value of a lawful fence of four barbed wires, regardless of the
type fence constructed. The associate division of the circuit court costs shall
be taxed against the other landowner.
272.250. Duty of judge if parties disagree on value--fence viewers to estimate
If the parties interested fail to agree as to the value of one-half of the
fence, the owner of the fence may apply to a circuit or associate circuit judge
of the county, who shall without delay issue an order to three disinterested
householders of the township, not of kin to either party, reciting the
complaint, and requiring them to view the fence, estimate the value thereof, and
make return under oath to the judge on the day named in the order.
272.260. 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 sections 272.210 to 272.370 shall neglect or
refuse to pay over to the owner of the fence the amount so awarded, the same may
be recovered before a court of competent jurisdiction.
272.270. Fence owners may agree on maintenance--agreement recorded--refusal
to agree, procedure
1. The several owners may, in writing, agree upon the portion of partition
fences between their lands which shall be erected and maintained by each, which
writing shall describe the lands and the parts of the fences so assigned, be
signed and acknowledged by them, and filed and recorded in the office of the
recorder of deeds of the county or counties in which they are situated. Any such
agreement shall bind the makers, their heirs and assigns.
2. When one owner desires to make a division of the fence between his land and
an adjoining landowner refuses to agree to a division, then the provisions of
section 272.280 may be used to effect a division which shall be recorded in the
office of the recorder of deeds in the county in which most of the fence is
located.
272.280. Duties of judge if parties disagree on repairs--fence viewers to
designate
If the parties cannot agree as to the part each shall have and keep in
repair, either of them may apply to a circuit or associate circuit judge of the
county who shall forthwith summon three disinterested householders of the
township to appear on the premises, giving three days' notice to each of the
parties of the time and place where said viewers shall meet, and the viewers
shall, under oath, designate the portion to be kept in repair by each of the
parties interested, and notify them in writing of the same.
272.290. Special partition fences--owner may demand payment, when
Whenever the fence of any owner of real estate now erected or constructed,
or which shall hereafter be erected, constructed or rebuilt, the same being
thereafter a fence designed to restrain swine, sheep or other animals requiring
special fences, borders the land of another or which becomes a part of the fence
bordering the land of another and is used to enclose such animals owned by the
other person, on demand made by the person owning the fence, the other person
shall pay the owner one-half of the value of so much thereof as borders his
land, and upon the payment shall own an undivided half of the fence; except that
no owner shall be required to pay more than the amount which would have been
required to erect, construct or rebuild a lawful fence of four barbed wires on
his one-half of the fence.
272.300. Fees of fence viewers, judge and sheriff--taxed as costs
The persons appointed by the judge under sections 272.250 and 272.280 to
discharge the duties therein specified, shall receive five dollars each per day
for the time actually employed, which, together with the fees of the judge and
sheriff, shall be taxed as costs in the case against the parties in proportion
to their respective interests, and collected accordingly.
272.310. Owners to repair division fence--remedy for failure
Every person owning a part of a division fence shall keep the same in good
repair according to the requirements of sections 272.210 to 272.370. Either
party owning land adjoining a division fence may, upon the failure of any of the
other parties, have all that part of the division fence belonging to the other
parties repaired, upon the failure of the other party to do so, the repairing to
be at the cost of the party so failing to repair his part of the fence.
272.320. Division fence not to be removed--exceptions
No division fence shall be removed without the consent of all the owners
thereof, unless for the purpose of opening a public road or highway or making
repairs.
272.330. Application of law
1. The provisions of sections 272.240 to 272.350 shall apply to any division
fence even though it may stand wholly upon one side of the division line.
2. The provisions of sections 272.210 to 272.370 shall not apply to counties
which have all or partial open range.
272.340. Judgment of judge may be reviewed in circuit court
Any person aggrieved by any order or judgment of the judge made or entered
under the provisions of sections 272.250 and 272.280 may have the same reviewed
by a petition in the circuit court of the county wherein the proceedings were
had, verified by affidavit. A copy of the petition shall be delivered to the
adverse party at least fifteen days before the commencement of the next term of
the court, and the original filed in the office of the clerk; provided, that the
petition may be filed within thirty days after the order or judgment was made or
rendered, and not afterward.
272.350. Petition for review shall state what
The petition shall set forth the grounds of objection, and upon the filing
thereof the circuit court shall be possessed of the cause, and proceed to hear
and determine the objections, and make such order or judgment as may be right
and just in the premises.
272.360. Provisions of law effective after election
The provisions of sections 272.210 to 272.370 are hereby suspended in the
several counties of this state until a majority of the legal voters of any
county voting on the question at any general or special election called for that
purpose shall decide to enforce the same in the county.
272.370. Petition for election--notice--order of adoption
The county commission may on its own motion and shall upon the petition of
one hundred real estate owners of ten acres or more of the county submit to the
voters at a general or special election the proposition for the adoption by the
county of the provisions of sections 272.210 to 272.370. The commission shall
cause notice of the election to be published in a newspaper published within the
county, or if no newspaper is published within the county, in a newspaper
published in an adjoining county, for three weeks consecutively, the last
insertion of which shall be at least ten days before the day of the election,
and by posting printed notices thereof at three of the most public places in
each township in the county. If a majority of the voters voting on the
proposition vote in favor of the adoption of the provisions of sections 272.210
to 272.370 the county commission shall issue an order declaring the adoption.
From and after the issuance of the order the provisions of sections 272.210 to
272.370 shall be in full force and effect in the county and the provisions of
sections 272.010 to 272.140 shall be suspended in the county.
CHAPTER 537. TORTS AND ACTIONS FOR DAMAGES
537.270. Insufficient fence on railroad--stock killed-- damages
Whenever any livestock shall go in upon any railroad or its right-of-way, in this state,
and the said railroad is not at such place or places enclosed by a good fence, on both
sides of said railroad, such as is by law required, or where said railroad has failed to
construct and maintain a good and sufficient cattle guard, or opening gate, such as is by
law required, and such stock by being frightened or run by any passing locomotive, motor
car, or other vehicle, or train on said railroad, shall be injured or killed by or because
of having run against the fence on either side, or into any culvert, bridge, slough or
mire, or other object along the line of said road, the railroad company shall pay the
owner of any such stock so injured or killed the amount of the damages sustained.
Reviewed and revised by AAHS in September 2002.
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