Show PROCEDURE CXDEIl TiE J TUAT LAW WE arc In receipt of the followIng follow-Ing communication dated Payson Aprils and signed Anxious There are some few points in section 5 of the Estraj Law passed by the bite legislature which arc somewhat inadequate in-adequate a the law stand for the object in view I refer to the part do fining the procedure to be followed by the owners of improved real property upon which stray animals may b found In some of the country settlements folds are enclosed Jointly by their owners so that animals may sometimes some-times be found by tho property owner on the land joining his own but owned by another man The question naturally natur-ally arises a t whether the person finding such animal h the power to oblige his neighbor by driving them t an enclosure and keeping them there until tbe law can take Its course In some of these fields it has formerly been t customary for afield committee to b appointed hating power t a in behalf of the owners of the land in driving stray animals out of the field and detaining them until the owner can nnnh bo found Can this be done under Again when this is dono can the I committee thus appointed make the complaint required by the law to be filed with tbe Justice of the peace in behalf of the person or persons upon whose laud the animal have been found Some contend that if even a committee of the kind can 1 appointed appoint-ed it would be necessary for the Und owners to appear before a notary public pub-lic and give the members of this committee com-mittee a power of attorney to act by tho authority of the blat owners Would this b necessary In mot cues the farmer has room In his stable aud corrals for his own annuals alone and i ho should find a drove of some fifteen or twenty animals ani-mals on his land a I often tbe case It would be an utter impossibility for them to take care of them one hour to say nothing of fortyeight In this ease would It b permissible for him to biro another person h take care of the animals for the tie sped JedT I sometimes found conven lent for all the owners of a Joint enclosure en-closure to club together hi building a corralw here nil the animals found doing damage may be kept and properly cared for until the process required by law bas been taken lurough Would this be allowable undxr tbe new law 11 The trouble and expense Involved in driving stray animals out of the fields bunting the owners et may come quite heavily upon the property owner Section 7 provides teethe collection col-lection of damages expenses of keeping keep-ing and caring for animals costs of court etc but would the time trouble and expense incurred in driving tbe animals seeking the owners etc be Included in thl5 I I not s much the money Involved volved in these transactions about which the faimers a exercised but they desire the law e Interpreted and enforced as t guard a fully a possible alSo against the impositions s freely practiced upon them by the owners of animals many of which are allowed t run about without le or hindrance These are vital points and 1 the i law cnot be interpreted so a to cover them It I practically of no value t tho farming cLvss 1 should liko you t explain the points Involved at a early a t as possible n the farmers a perfectly helpless under the depredations of stock not knowing what method of procedure t follow One man bas no right to distrain animals which he may see doing damage upon land belonging to another unless authorized by the damaged person to do so In the latter case the former acts aa the agent of the injured person which ho may lawfully do Owners of lands embraced In one general enclosure en-closure may authorize one of their number or any other person to die train trcspasslnganlmilsfouud in that enclosure Such action would have to be taken in behalf of or in tbe name of the particular owner upon whose laud damage w i known to b done or If the same animals did damage upon the lands of more than one owner at substantially substan-tially the same time the proceedIngs ings might be had In the name and j behalf of all the owners damaged 1 who might unite as plaintiffs In COM llio matter went1 > cfore ftie Justice Jus-tice of this peace The person or persons actually damaged ought to appear on thorn tho-rn tile plaintiff or plaintiffs should the matter g into court To undertake t prosecute c a case by making an agent plaintiff would be likely t lead to entanglement entangle-ment which few country juiticcs of tile peace would be able to solve I I not necessary that the damaged land owner should have personal knowledge of all the fact relating to the Injury ho Jias suffered In order to make the complaint com-plaint and swear to It W required bylaw by-law but he may Mt forth Inhia complaint com-plaint ifhat he understands to be I the fact and swear to thcrrron information In-formation and belief If he makes foratou beIef I mae a complaint on information and belief be-lief the usual clause to that effec should be included loonier for land owner to authorize au-thorize another person to distrain animals found trespateing on his land I Is I not necessary to give a power of attorney nor any writing whatever A verbal request or instruction in-struction i suOldeut Thusafarmer I may verbally request or Instruct i his hired man to Olstmln any animals the latter may sec doing damage on the laud of the former and such verbal request or Instruction Is all the authority a aired man or a neighbor would need The animals may b detained de-tained on tbe premises of the person damaged or in such other place as he may arrange for in the neighborhood hood Thus one neighbor may when s requested take charge of distrained animals for another should the latter have no facilities i for keeping them The reasonable charges for feeding and caring for the animals would become n part of the damages t b collected The damaged person would in short be justified In making any reasonable arrangement for having trespassing animals cared for I unable to do tills himself he could hire I done but only reasonable charges therefor should bu owe by tbe court All loss of property siuTurcd and all reasonable expense Incurred by the injured person In corralng and caring for the trespassing trespass-ing animals notifying the owner ete are Included In the damages which he Is entitled t recover The distralucr may havo to keep the animals not only fortycigh hours but several days lie retains them until his damages are paid unt damng pd or until the animals arc ordered sold by tile court |