Show TRE LAW AT the request of a number of correspondents pon dents we pre procured cured a copy of the law passed at the last session pf af the legislature amending the law of 1886 relating to estraya ea es trays impounding animals in als etc the bill in the form in which it passed would be unintelligible unless compared section by with the law of which it is am amendatory enda and wa we have therefore caused to be prepared a copy of the law as amended in ia other words a cometia bios which is here appended SECTION 1 be it enacted etc that each county court shall where not already done appoint a for each precinct is in the county whose term teim of office shall be for the term ot of two years and until his bis successor is duly appointed and qualified said shall qualify by filing bonds and taking and subscribing SM au oath of office the tae amount of bonds shall be determined by the county court approved by the probate judge and filed blied with the county clerk SEC 2 each shall receive and take good care ot of all animals properly emitt ted to his eurge eti arge and use due d irence dui CW gence to find the owner or owners thereof by record of marks and brands and otherwise and shall receive and file ale all bills of damage duly presented and enter the amount in a proper book provided for the purpose by the county court suc SEC 3 I fa neat cattle horses mules sheep goats or hogs shall first break through a lawful fence or do damage wilbia the enclosure or premises of any person in any county or portion thereof where the inhabitants lave have declared or may hereafter declare in favor of fencing their farms second break through a law ful fence within an incorporated city or town or any y lawful fence enclosing an any y city lot areti ref aard ard or and do damage therein there iia third in all other cases where said do damage upon the premises of any person whet whether iier said premises we ave protected by a fence or not the person aggrieved aggrieve thereby way may recover damages damage either by an action against the owner of at the animals or by impounding impound ting them in the precinct pound SEC 4 any aay county or precinct thereof may at I a general or special election called for that purpose by the county court by a vote of a two thirds majority of its legal voters voting in at such election declare in favor ot I 1 fencing 1 their farms faring and allowing their animals to run at large in such oases eases subdivision 3 of section 3 of this e act shall be inoperative SEC 6 the owner or occupant of any property may distrain all animals doing damage upon WO such property yand sud may keep such animals in some soine secure place or may deliver said eaid animal or animals to tue tile precinct until his damages are appraised and in order to b be eu entitled titled to recover damages shall within twenty four hours after it is known to him that vie tue iss is committed get some ds interested male citizen a free holder over twenty one ode years of abeto ap praise the damages aud and give q bbate went thereof in writing setting forth the amount time and place of the tb damage the name of the person damaged and it if known the name of vie tae owner of the animals with a description of the animals There thereupon oa the person aggrieved shall notify the owner of said animals ani nals if the owner shall be known to him and resides within six miles of the place of trespass which notice he shall deliver oi or cause to be delivered to the owner or left at his place of ef residence he shall be allowed fifteen cents per mile one way only for serving said notice if the owner cannot be found or it if found 8 shall hall refuse to pay all costs and damages then aid statement at the expiration P pi 1 ration of forty eight hours together w with ith said animals if not already in the charge of the shall be placed inthe in the charge of the of the precinct in which the trespass was committed provided that if the owner of ef said animals deems the appraisal too high he ma may T choose another appraiser having the qualifications h herein brein p provided ded who with the first shall make a new appraisal or when they cannot agree they two may choose a thirl and they I 1 shall proceed and make another ap which shall be final said appraisers shall oe de allowed a reasonable compensation for their services which C bompensa com P pensa ensa ion on together with the costs shall be paid by the owner of the animals SEC 6 whenever animals are impounded the pound keeper shall within twenty four hours th thereafter after fter give due notice in writing to the owner it if tie he be known containing a description of the animals and a statement of t the time and cause of impounding together ge t her with the amount of the damages and costs and in case the owner not be known he shall forthwith advertise for sale by posting up notices in ia three conspicuous places within his precinct and by advertising in some newspaper having general circulation in the county said notices shall give a description of the animals including all marks and brands and shall state the time and place of sale and that thai if not claimed and aiken away within fifteen days from the date thereof he will sell the same to the highest cash bidder if the owner of said animals within two days from the abe date of suid said notice sent cent him falls fails to pay the damages and costs the pound kee keepers ers snail immediately advertise suca such animals as hereinbefore provided in this section it the owner of such animals impounded as aforesaid afore rad raid shull shall not within said fifteen days after advertising verti ver sigg pay the damages as appraised and all costs accruing on said animals the shall soli sell the same as aft provided in this section SEC 7 all horses mules and nest neat cattle regardless of age except sucking calves found running at large and upon which there is no brand snail shall be deemed ec trays and all horses mules and neat cattle branded the owner of which after reason reasonable aole search se arch cannot be foun dand which have boan been running at large on any range within this territory for two years or more or any hogs found running at large upon the premises of another person not th the e owner are hornby declared to be estraya es trays isac 8 the pound keeper of each P precinct within MIS territory shall use due diligence to obtain and take cake into his bis possession all estraya running within his prec precinct luct and at the end of fifteen days thereafter he shall after having given due notice of the time and place of sale and the number and kind of animals to be sold sell the abe same to the highest cash bidder singly or in lots at his discretion whenever any estraya are received by him except as heretofore provided in this see sec tion if they are unbranded he shall immediately give days notice of the time and place of sale of said es ea trays together with a full fall description of the igwe by advertising in some newspaper published within the county it if there be one and by posting up notices to ja ahr three ee conspicuous s bous places within h pr pre nn ct but it if the estraya reg received elved as aa aforesaid are branded he be shall proceed as provided in section 6 of this act when animals of which the owners are unknown are impounded tor for trespass sec 9 he shall keep an accurate record dof ef all ail animals received by him their age color sex marks and ana brands whether bether estraya or impounded for trespass when and to whom sold the amount received and the costs thereupon which record cecora shall be open to the inspection of the public at all reasonable hours and quarterly be shall make returns to the county court of his county chanty showing the number of animals sold the amounts received and the costs thereupon which report must be duly verified verified before 10 cremorne 09 me officer authorized to 0 administer oaths SEC 10 upon the sale of any animals mals as hereinbefore provided the shall execute a bill of sule sale transferring said animals to the baser or sers thereof which snail he substantially in the following form filling in the spaces as may be necessary know enow all men by these Pre presents sento that in pursuance puro ustice of an act entitled eu titled au an act providing for impounding animals and prescribing the regulations of et pounds and for the disposal of 0 estraya ee es trays 1 I have this day sold to for or the suin of dollars dol larB he being the bidder bi diler head bead of as follows tol lowy to wn wit witness my nand this thia day ol of of precinct county utah territory such bill of sale shall transfer bad vest in such purchaser the full title to the animals thus transferred if any animals mals thus sold shall within tue tiie period of six months immediately ensuing after the day of the execl lou ion of the bill of sale be claimed and proven ax as the property of any person it shall be the duty of the county court to forthwith pay the money received ece ived tor for suck such animals to their owner less the amount ot costs and damages assessed aes essed against the same but in the event said animals shall not be claimed I 1 Identified denti fied and proven within said tine then said money shall become the property of the county and shall be used by it for the purposes hereinafter provided pro tided sac 11 the proceeds arising from the sales of said animals shall be paid into the treasury of f the county in which said sales are made to be used ased by b it in the payment of persons employed in detecting violations of the laws laws of the territory ot et utah ulah it shall be the duty of the treasurer of each county to keep in a separate fund fuad to he be known as the live stock vuna fund 11 all moneys paid to him under the provi provisions sotis of of this act and to pay the amount only upon orders from the county court duly attested by the county clerk k sec 12 the fees of the ers shall be as follows for registering horses mules cattle and hogs fifty cents per head bead and ten cents per head for sheep and goats for executing a bill of sale twenty five cents tor for selling animals at roundups round ups and drives ten per of the amounts received fees for feeding animals shall be governed by the market price of forage and pasturage at the time and place of feeding tile the same sac 13 any person other than a taking up animals under the provisions of this his act and retaining them more than forty eight hours shall hall be deemed guilty of a misdemeanor and shall be liable to a flue floe not exceeding one hundred dollars tor for each animal soo so retained and all damages that may accrue thereon sec 14 any person taking his own animals or that of any other person out of the custody of the person holding bolding tb them em tor for damage done by them or out 0 of f any pound by stealth or by force or shall intercept or hinder any one while in discharge of his duty under this act may be fined in an any sum not exceeding one hundred do dollars I 1 SEC 1 15 any person whose animals are impounded way may maintain an action against the po and keeper for claim and delivery of 0 personal dersons property it upon trial it shall a a I 1 appear that the animals were lawfully impounded the defendant shall 9 all have ave judgment for such sum as shall be found due from the th plaintiff for the damages for which the animals were impounded together with all the legal lees fees costs charges and expenses and the costs of the action or instead of ef such judgment the court may enter lodgment judgment lor for a return ot of the animals to the defendant fen dant and he shall hold and aud dispose of them io ake manner as if no action had been brou brought at SEC U it f I 1 it appear veep ap t ap default of th the de defendant f or otherwise that the 6 animals 1 a a were taken without sufficient or justifiable causette cau sethe plaintiff shall 11 have ve judgment tor for bis big damages caball caused by the unjust taki taking ln and delai detaining and tor or his bis costs boad of s suit aft sica sac 17 that sections 1 3 2 and 8 of an act pertaining to damske damages done bt by animals and defining a lawful awful fence approved february 17 IM i are hereby stricken oat with the except exception ioA of the ens enacting eting clause and aa set act establishing district and prec precinct luet pounds aud and prescribing regulations tor for the same and for foi disposing of animals animal 8 approved february 18 1878 1879 is hereby repealed nothing herein shall be construed to interfere with the rights of incorporated cities and towns to regu regulate impounding of animals and disposing gi 0 of th tab e same |