§ 537.300 — Penalty for driving away of others' stock by drovers.

Missouri § 537.300

• Jurisdiction: Missouri
• Title XXXVI: STATUTORY ACTIONS AND TORTS
• Ch. 537: Torts and Actions for Damages

Text

Whenever any drover, or other person or persons engaged in driving horses, mules, cattle, hogs or sheep through any part of the state of Missouri, shall drive off or shall knowingly and willingly suffer or permit to be driven off from the premises of any citizen of said state, or from the range in which stock of any citizen usually run, to any distance exceeding three miles from such premises or range, any horses, mules, neat cattle, hogs or sheep belonging to such citizen, it shall be lawful for the owner of any such stock so driven off to follow and reclaim the same wherever it may be found; and for the taking and driving away, or suffering or permitting to be driven away, of such stock, the said owner shall be entitled to recover from any said drover, or other person or persons guilty thereof, for each head of horses, mules, neat cattle, hogs or sheep so driven away, twice the value thereof, to be recovered in civil action in the circuit court of the proper county before either a circuit or associate circuit judge and such case may be heard and determined by an associate circuit judge under chapter 517 procedures without special assignment or transfer regardless of the amount of the claim; provided, however, that if the drover shall not pass any habitation where there is a sufficient enclosure for the safekeeping of such animal or animals within said three miles, and shall separate said cattle or other stock from the drove at the next habitation, in such case said action shall not accrue to the owner of said property.

Legislative History

(RSMo 1939 § 14495, A.L. 1978 H.B. 1634) Prior revisions: 1929 § 12821; 1919 § 4311; 1909 § 812 Effective 1-02-79