2016 Delaware Code
Title 3 - Agriculture
CHAPTER 77. STRAY LIVESTOCK
§ 7702. Taking up and impounding stray livestock.

(a) Any person or resident owning land in this State may take up any livestock found running at large upon the public highways or on lands owned by that person and impound the same. Such person may demand and receive a reasonable sum for the care and feeding of the animal or animals while in such person's care. The care and shelter provided shall be humane and shall be adequate for the size and class of livestock impounded. The State Veterinarian, a county extension agent of the county in which the livestock is impounded and a livestock owner of the same county will be responsible for determining if the animal or animals are being housed and fed properly as well as determining a fair and reasonable cost per day.

(b) The person taking up and impounding the livestock shall forthwith give written notice of the taking up and impounding to the owner thereof, if known, or by leaving the notice with an adult person at the owner's or their usual place of abode; or, if unknown, shall place a notice of 3 days duration in 2 local newspapers adequately describing the livestock and giving an accurate name, address and telephone number of the person holding the animal or animals.

(c) Any person taking up and impounding stock under this chapter who refuses or neglects to give notice as provided in this section, shall be liable to the owner of such stock in civil damages, to be recovered in a civil action before a justice of the peace or the Court of Common Pleas of the county in which the stock was taken up.

19 Del. Laws, c. 657, § 2; Code 1915, § 3633; Code 1935, § 4183; 3 Del. C. 1953, § 7702; 64 Del. Laws, c. 292, § 2; 67 Del. Laws, c. 195, § 1; 70 Del. Laws, c. 186, § 1.;