CHAPTER 9443-(No. 325)
AN ACT to Provide the Method of Enforcement of Tick Eradication Work in Gadsden County, and Providing for the Sale of Cattle not Dipped in Accordance with the Rules and Regulations of the State Live Stock Sanitary Board, Providing the Duties and Compensation of the Sheriff of Gadsden County in Connection Therewith, Providing for the Disbursements Arising from the Sale of Cattle Under Authority of this Act and the Payment to the Owner of the Net Proceeds of Any and All Such Sales.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Any cattle in Gadsden County which have not been dipped under the supervision of the State Live Stock Sanitary Board and in accordance with the Rules and Regulations adopted by said Board pursuant to the Act creating said Board, shall be, by said Board, its agents or employees, taken into custody, penned or confined, and kept at such places as shall be designated by said Board and held until redeemed or sold. The Board, its agents or employees and Live Stock Inspectors are hereby authorized and empowered to enter into any range, premises, pasture, pen, barn or other enclosure or place where cattle may be and take into custody, remove, pen and dip any cattle which have not been dipped as herein provided, and if not redeemed by the payment to such Board of all costs of taking into custody, penning, feeding and dipping, and within two days thereafter, the Board shall deliver to the Sheriff a written notice stating the time when and the place where such cattle were taken into custody, the number thereof and any mark or brand thereon, and the name of the owner or owners of such cattle, if such owner or owners be known, and thereupon the Sheriff shall forthwith give notice to whom it may concern and to the owners, if known, that on the day and hour specified, which shall not be less than ten nor more than twenty days from and after such notice shall be published, he shall offer for sale and sell for cash to the highest bidder, the cattle described in said notice, taking place where such cattle are then penned, which notice shall state the time and place such cattle were taken into custody, the number thereof, any marks or brands thereon, which notice shall be given in a newspaper published in said County twice, the first publication to be at least ten days before such sale at the Court Honse door and at two clipping vats in the vicinity where such cattle were taken into custody, and by serving a copy of such notice in the manner provided by law for the serving summons and respondenclum, upon the mvner or one of the owners of such cattle, or upon the agent of such owner or owners, at least ten days before the date of such sale, if the owner or agent and his address be known to the Sheriff and he resides and can be found within the State of Florida; and if such cattle shall not be released before the sale thereof by payment of all costs and expenses incurred by said Board in taking into custody, feeding, penning and dipping of such cattle, and all the Sheriff's costs, then said Sheriff shall offer for sale and shall sell and deliver to the highest bidder for cash, all cattle so sold, shall deduct from the proceeds all Sheriff's costs and pay to the Board all costs and, expenses incurred in taking into custody, penning, and feeding and dipping such cattle, and forthwith pay into the Fine and Forfeiture Fund of said County, the balance of such proceeds, and such sale and delivery shall vest in the purchaser and absolute title and right of possession of such cattle, superior to all other title, liens, and claims, except the lien for unpaid taxes on such cattle, and if any former owner or owners of such cattle so sold, shall within twelve months from and after the date of such sale, file with and establish to the satisfaction of the County Commissioners of said County, his claim to the net proceeds arising from said sale, the County Commissioners shall thereupon deliver to such claimant the full amount of such net balance. The term ''Sheriff's costs,'' as used in this Act, shall be taken and held' to mean such costs as Sheriff's are allowed by law for similar services, and the term '' Expenses of keeping and feeding,'' shall be taken and held to mean the actual, reasonable and necessary expenses for such keeping and feeding incurred by said Sheriff, to be shown by a sworn statement, itemized, therof filed with the Clerk of the Circuit Court.
Sec. 2. This Act shall take effect immediately upon its passage and approval by the Governor or upon its becoming a law without such approval. Approved May 31, 1923.
*Transcript is approximate and taken from Laws of Florida 1925, ch 11293. See original publication for the most accurate text.