| Show SHE NEV LAV A A bill Intro ducca toy by kr r 11 hart ar t cf cacho cache county A bill for an act providing for the disposal of estra estraya y s and abd animals for trespass find acl damage be bb it enacted by the i gover ifor and legislative assaf ab nb 1 territory of utah SECTION 1 that any county of said territory dily ao election called for thai purpose by by the county court thereof by bal a vote tute of the majority of all the taxpayers of said county declare in favor of fencing their farms and allowing 10 their animals to run at large and in such cases the che provisions sf tia act t au jiz ng tb the e den tid ii sale af pf for ages shall be avlo inoperative eruti A SEC 2 it shall be the duty doty of the county call n ty court of each county co u city at a t its june r in the acar year 1891 or a as s soo boon n t thereafter as may be practicable 46 re what shall K constitute a lawful fence for that county and the fence viewer sald said I 1 county counts ab shall ii bo be governed brec 3 Ahoy seB mules and an neat clytle over it r or aga zi faund ru at it lal large ge on which if ti ie re i is no DO brance and any hogs running abarge on the prem isa igea 0 of flin any per perRon soil not blot the cowher are hereby areal I 1 to io bai be es trays SM SEC 4 it is hereby madea made the duty anty of the constable of of any county orthis of this territory to take up ady an i in said precinct and after adver ing them by posting notices in three of the roost most public places in said precinct p div in ng a i general description thereof for or ten days shall eh all sell the same at iti aliu auction the highest bidder for casill cash and after deducting deduct ipg costs ind and expenses of keeping aud aad sale liall hall deposit the balance of the proceeds inoc eeds of tie the sale with the county clerk of tile the county at the of making his hi semiannual semi annual report as ats hereinafter provided to be deposited by the county clerk with the cobit county treasurer to the credit of the county school fund provided Provi deil that the constable shall have the power to sell estraya at general round ups or drives and shall 4 advertise to do so BO for A of dv thereto in some paper bading general circulation in such ivell county and he shall receive As compensation fifteen per cent of the abo proceeds of such sale SEC 5 the constable in each precinct in every county in this territory orty is chereb hereby y made the of such precinct pr and is entitled to and is mide inside the custodian of all brand books and brand sheets pertaining thereto th reto which shall be open to the inspection of abe public free of charge at all reasonable hours I 1 SEC 6 the shall keep an accurate record of all ee ea trays travis received by him their age color a sex marks and brands when ani and to whom sold tho the amount received and the costs thereupon which record shall be open to the odthe ici free of f charge at all reasonable hours and aemi an agn on or before the first V y of luj the first day of uary he beo fiall mako make returns to county clerk of thi county number of estraya sold sola beneral description ae of 0 f the le ie amounts reee received ived there I 1 tho the I 1 1 costs thereupon which aill t il 1 beauly be duly before e 4 r ant authorized hortiz ed to adminis I 1 the round keeper shall air r tol lowin fees feeg for kaep 11 ing disposing of e for 1 or registering goreee ba aps fps i lt it attle attic and hogs twenty ir fehd and for shepp b tun nc cents ento per head bead for faliti anti en per cent of alio tho i nr ewh ich the same are sold faedi n shall be i I 1 1 by the market price of i iad ailt the ahe time 1 itice the same 1 8 if any neat cattle s mules asses ab sheep beep gon goats ts or shall trespass or do dama damage ge tho the of any ally person tin aih cases where saud saad paces abot enclosed by a lawful fence counties where fences are re ra ired ireci by la law the party aggrieved tay recover I 1 damages by an action at law against tt taft owner of the trespassing tres passing animals irid no animals trespassing tres passing aming shall bo be exempt from execution provided the fees trees in such cages shall be but one half balf the fee fees in otlie cirii cases SEC i 9 the owner or occupant of any improved reid real property ex eri capt in cases where here said are not enclosed b by y a lawful fence ip in where a fence la Is required by lw Z teay de defrain abrain all a animals nims i I 1 I 1 doing an an such property anil keep 60 sai blufie e suit suitable abl at and place and properly food feed mirafor 7 aro ira for tile he samp samo or mayim maim 1 mediately turn tho the same over to I 1 the lie of the precinct precinct within which such dabag real property is situated and the person distrain ing animals asal as 1 afi in case 11 he e shall the tanie amohn in iris his poses so siou or the precinct incase buch animals are over ta him as aforesaid shall ex a alirie lie all marks band brands on oil 6 ulc animals and shall bouty the lie owner if knoff by personal notice tice if lie be resi desin tho the which tile the land tresi trespassed gassed upon is situated and if tile the owner does docs not reside in tile the in i said precinct said enid notice shall be by registered r c letter containing a del description of the animal including marks and fir brands finis and also a state statement ment of the dadig s and by claimed anak an df the costs at ti the he date of said baia notice it if the covher owner of such shuh animals is not known the person di straining such alt animals nals orr or the precinct k aper hi as the ahe case m may av i be shall immediately examine th the e territorial brand sheets and if marks arid and brands braids are arc recorded therein corx corresponding to the or brAnda olf puch person cr di as aa aforesaid or the precinct as the case may require 4 by registered letter the thep person ereon in odiose chose oka AU m mais aa or er at amad corded gaiu a i 11 10 of ap ann hali marks markos P 1 ana brands and also a statement of damages damage and by whom claimed laici ed and the coats and if all dam damages ages and costs are not paid within four days from the tim I 1 of taking up of sa said id sa anibale ani 4 i nall male z such person di straining shall dball outer enter suit in the justices court of the precinct for the amount of such buch cases in the same salue manner as other cases are tried provided that where the owner is unknown summons may be issued requiring such unknown owner to appear appeal at a time and place fixed in said aid summons which time may bs be fifteen bays from 1 rom the date dale of said eaid cummons s and the same may be served by publication for ten days in some newspaper published in il the county and if there is no paper published publish 14 in such county elleu then by publication iu in a newspaper of general air circulation cu lation in the terr territory for the period of ten fen days and if the owner shall fail or neglect to appear and answer within the alie tinte time named in such summons judgment may be by de default berault and the prop property ertry paid cold ilion upon execution after posting postin notices as required by law SEC 10 the plaintiff must assess alie damages arid and kake defendant is ia of the opinion that the damages claimed are he may at any time before the trial tender to the plaintiff the amount he deems reasonable and if the plaintiff does not recover a greater surn sum than thab that tendered the costs from the time of the tenter shall be assessed against the plaintiff SEC 11 the precinct pounds keeper shall bo be cri entitled titled to the fofi i lowing fees for receiving trespass angor ing or damaging animals ami mals to wit for examining brinds brands vid marks on animals and searching for cor car responding marks and brands on the territorial brand sheets beets awen ty five cents per 1 head for horses mules and cattle and five cents per head bead for hops sheep and goats P twenty five cents per mile for the distance Bi stance necessarily travelled ingoing one way only in personally the owner when known and a resident of the precinct awen ty five ebitt cent ei itt for sending every beg reg stared letter required by this act and fees sr for feeding said eaid animals to be e governed by the market pries of forage and pasturage at the bitne and arld place of feeding the same arid un u n leas lellis the person restraining animals under the provisions of this act shall advance or satisfactorily secure cecur i to the precinct e the fees he may be entitled to aa above provided the ma may V affuso to receive such trespass ing an animals isaials and the person dis it trespassing tres reB passing animals who ajay elect to retain the same in h W po possession bession session shall be entitled to the same fees aad costs as above pro vided aided for the precinct for like SEC 12 after six months from the date of df the sale of tressa isaih issing CK animals anima lathe the net proceeds thereof shall be paid into the county treasury to the credit of the county colant Y is school fund provided however that if the owner of said ani animals mals shall within rix eix months from th abo dato datlof of sale satisfy by affidavit or otherwise the magistrate magi strato who heard the case he was tho the owner of ofa ftp such h animals at the time of sale s the justice shall pay not proceeds to such owner six 18 13 if an X betray or tres passing sing animal leg legally lilly taken U escape esca peor br die without fault of the 1 person taking them up such person pers shall not be oe liable for the loss ec 14 any porton port on who s shall ai tako take any animal out of tile the custody of any person holding the same for fop damages Ix mages as provided in this act or who rhall intercept or hinder any alay person in taking up or attempt atten tnt nj to take up s such cb ani animals male for doing 0 1 g dau adamae laae ofa that any an person whose av hose anim animal al is impounded omy limy maintain an action against tile the or t tho he person dig di straining training the same for claim and deliver de delivery livel of personal pr pro opery pOTy and if upon the trial it appear that the animals ini mals were bawd lawfully athly impounded tile the defendant shall have judgment for such sum suin as 19 shall be fount found 1110 from th the pl lor for tho the damages 1 aniades fur fiji shirli the were impounded together gether ia with all legal fees costs cost p and charges chang s and e expenses and the c costs of the action or instead of bucl judgment J the court ran nay eater r judgment in d 9 for it a return of the a animals to theat and he shall hold and dispose of them in like carinci as hwo 0 action had been b brought hut bu if it shall appear on the default of the defendant or otherwise thi that i the nials were taken without su sufficient f or justifiable cause the shall havo have judgment fw fin ilia hia damages darn ag ea caused by the unjust t makij an and d detaining and for his costs of uit quit sac 15 the provision tins this act shall aall in no way inte interfere rAie with axim flegal rights i s of incorporated citi eel alid towns in aoi at large sfa S 16 that section 2215 to 2232 inclusive of the compiled lawa of lh of 1888 1889 and all laws pro videt for or precinct their duties and e 55 session lant lawi s of 1890 and capter ter 70 fess session I 1 onla law leq of 18 1892 92 adam oth laws and parts of labb conflict herewith be bb and repealed shyin Ss yin this act t shall take of ef fea am etona and after j its to approval |
