Show STOCKMEN TAKE NOTICE NOTICE the law as it now stands in full an act providing fur for the lie disposal diep osal of estraya and animals ani inala for trespass and damage RC I 1 ahat any precinct of said haul territory may at any general or special election called fur that purpose by the county court thereof by a vote of tile the majority of all the taxpayers of sail said precinct de cl clile in ill favor of fencing their farms and ana allowing 0 their anini animals alb tv to I 1 run nt at large and in such cases the provisions of this act authorizing the detention arid and sale of animals ini mals for damages shall be inoperative SEC 2 it Its shall liall be tho the duty of the county court of each county at its june session in tile year A D 1892 or as soon thereafter as may be practicable to declare what hall constitute a lawful fence for that county and the finco viewers viewers of said county shall be governed thereby S SE E L 1 3 all horbes mules and neat cattle over eighteen months of age age found running at large on oil which there is no brand and any hogs running at large on the prem ibbs abes of any person not the owner ale aie hereby declared to be es trays SEC 4 it is hereby ina made de th the e duty of the constable of any precinct of any county in this terri to take up tip any estraya in said precinct and after advertising them by postin n notices in three of tile the most public places in said precinct giving a general thereof for ten tell days hall sell seli the frame anie at public auction to the highest 0 bidder for cash and after deducting costs and expenses of keeping ind and sale shall deposit the balance of tile proceeds of tile the sale with the justice of peace inan in and a for said preci precinct ne t to be by him disposed of as in tile case of balance of sale eale of animals for damages as hereinafter provided provided that the co constable shall have the power to sell cs trays rays at b general round ups tips or drives arid and shall advertise liis his intention to do so lor for a p period e of fourteen days previous thereto in tome paper having a general circulation in such county and lie he shall receive ceide as compensation fifteen per re cent of the proceeds of such sales SEC 5 if any neat cattle horses lio rEes mules asses sheep goats or hogs bogs C shall tre trespass spars or doda do damage inage u pon the premises of any person except in cases caes where said places are arbot bot enclosed by a lawful fence in countice counti count ios cs where it a fencel fence As is required by law the party aggrieved may reco recover ver danis lees by an action at law against the owner of the trespassing tres passing animals and no animals trespassing tres passing shall be exempt from execution provided the fee in such cases shall be but one half the fees in civil cases SE SECTION G the OM ncr or occupant of any improved real property may may distrain all animals doin doing ai dar damage ilage on such property arid and keep them in orne place and properly care for the saine earne until die delivered livered for twenty four hours after the doing of midi damage ile he shall cause such dama damage e to be appraised within twenty four hours after the same shall I 1 have lave been lone done hy by some BO me re registered 01 voter of the precinct who shall certify to the same in writing 01 and which certificate of nf appraisement way may be sub substantially tanti ally in the following form to wit OF UTAH J justices I 1 s COUNTY OF I 1 ih i court Ireci act precinct this certifies that at the llie request of I 1 have this day appraised certain damage upon libie debe describe ribe premiers upon laich daina damage c is done dolle to 1 I ere nature of dar damage nage alleged to lo have been done by here describe crl be tile llie animals alleged to leave lone done tile the damage owned by licie gie ie the name of vic the owner oner ot 61 tile I 1 animals aam i if f known arid and if unknown bbate the fica on tho the there here give ditc date of the doing of the llie damage and after viewing vi ewin the pic mites and making malin due examination ind and inquiry I 1 appraise the llie eange ut at the alie sum ot of f and aej that ruy my docs for mak ing ik this appraisement is s miles traveled bours cm aloyed in making ap appraisement a ee dated date at 1 ill una Is lr 1 of 18 appraiser the appraiser shall deliver said certificate of appraisement to the person damaged who shall also sign the bame arid and shall use due diligence to find the owner of vaid said animals and for this purpose shall the territorial brand heels in possession of the constable arid and if the owner of said animals is known and a resident of the precinct the person damaged shall within twenty four hours after tile di straining of said animals deliver to the owner thereof a copy of the certificate of appraisement of damage if the owner is known n but is not a resident of the precinct where said raid dama damage c is is lone done the person di straining said animals filial within twenty y four hours after said damage shall have been done deposit in the pos tollice postage prepaid and registered a letter containing it a copy of said certificate of appraisement addressed to the dwir downor r of sajid ani sit at his known place of lesi lei dence S SEC E t 7 afat if at the expiration or of twenty four hours after the dis training of the animae mentioned in the preceding 0 section the 0 onnor ner thereof cannot be round found orif found shall neglect or refute refuse to pay the dama damages irs and costs thereon the ia party ltv dis di straining 9 tile the bame shall fo deliver said animals with a copy of tile cerl incato of all nt to the constable of the district wherein said dania damage e is alleged to have been lone done and also deliver to the justice of tile the peace ot of said precinct the certificate of a ap pp r allement ale ement sc 8 U upon p on receipt by tile the justice of the peace of certificate the of of appraisement lie he shall immediately file the bamo same it in liis his albee and make the pl proper and tie cesary en entries trie in his docket as in other civil cases caes and the said certificate of appraisement friall constitute the complaint in kaid aid cae an and the I 1 diA dai training raining said animals shall be designated as ae the alie plaintiff in in a nil 11 subsequent proceedings in said case caie cai e arid the owner of said animals or it if the owner be un known then the unknown owner of the animals briefly describing 0 them shall be designated as th the c defini dant arid and the justice shall issue a summons addressed d res sed to the defendant re quirina liim hirn to appear before said justice at his office and to answer to said complaint within five days after the service upon him of sad d summons if served upon him within the precinct for which the justice is actie g arid and if served out of said precinct then within said five days from the date of its L service ervice with one lay day additional for every twenty five miles milca or fractional parts thereof of the distance t nee that the defendant may ma y reside from the office of justice by the nearest traveled route ind and to which summons shall be annexed a as s a part thereof a certified copy of the certificate of appraisement in said case and in other respects said summons shall be the same in form as other summonses in justices courts cour ts in civil ac actions eions al and id alif shall 01 deliver said summons to the constable of the precinct of service and said justice shall hear try anade and determine said cases in the same man inan ner as other civil cases are tried and determined in justices Justice 3 courts and shall in all other respects proceed as in other civil cases SEC i I 1 tle the constable shall receive belve hold and properly caru for all animals committed to his custody under the provisions of this act pending 0 the determination of tile the cause and shall immediately upon receipt of the summons hereinbefore in provided for serve the same as follows first fendentz is known and a resident of tile the precinct by delivering to him personally it a copy of the summons 0 or r be leaving at his usual place of residence with some suitable person over the age of fourteen years a L copy thereof second if the defendant be known and is not a resident of the princa then by depositing in the post office postage t pre da daid id and registered a letter containing a copy of said eaid summons addressed to the defendant at his own place of residence dence third if the defendant is unknown and after diligent 11 search and enquiry made by bv the constable he be shall be unable to discover the defendant or his place of residence lie shall post up tillee three copies of the summons in three oliree consi places in the precinct OLO cile of which shall beat be at or near the office of the justice and if in all cas cases c 8 b he e 6 shall h a I 1 male make li his is r re C tut euins ils irl in acco accordance with the facts and the summons shall be deemed to bo be served upon ullon the delivery of a copy the mailing of a copy by regis registered terel letter or by the potin posting of copies geici n before provided SEC rc 10 the owner of the animals his szold sold under the provisions of this act may at any time within ninety da days from theda the date teof of such sale redeem such animals from the purchaser or assignee by paying to such pur purchaser climer if he holds such animals ani and if not then to the holder of such animals tile the amount for which such animals wele hold with three per cent additional besides all taxes ant ami i a assessments ases paid upon said ani animals since the said laid sale if no redemption of said anit animals nals be mado made within nin ninety ty dayt after the date of such sale then said gaid sale together ai with said animals shall be absolute absolu te and vest test the title to such animals in the purchaser or his assignee 62 fcc ucc 11 after six month fron from the date of said faid sale the net proceeds thereof shall be paid into the county treasury to the credit ere it of the county fund provided however that if the owner of eaid animals shall within six months from the date of sale satisfy by affidavit or otherwise tile the justice who heard the he case cam that lie he was ira the own owner er kofl such animals at the time of such sale that justice shall upon demand of such owner pay such net proceeds d s to him tal taking ing his receipt SEC 12 the j justice ustice shall at the r first t session of tile the county court after the expiration of six s ix months from late date of the sale report to said county court his proceedings therein ind and the disposition of tile the proceeds thereof sr 1 13 the constable in each precinct in in this territory isber is hereby eby mado made the lie pound keeper of such precinct and is entitled to and is made tile the custodian of all brand books and brand sheets pertaining thereto which shall at all ireae reasonable on hours and without chai charge ge be open to the inspection of any person he shall keep a record of all animals impounded by him with irith i a full description of such animals the cause of their being 0 impounded tho the di disposition made of them and if sold the date and amount for and to whom sold with such ad tit ional facts as may be necessary to a full and complete record of each animal which said record shall also be open to the inspection of the public at all reasonable hours and without charge chalce SEC arc 14 any person who shall take any animal out of tile the custody oj oi any person holding them for damage under the provisions of this act either by stealth fraud or who shall intercept or hinder any person in lawfully taking up or attempting to take tak e up 1 s such acl animals for doing boins dania damage 0 e is guilty of ft a misdemeanor SF SEC S c 15 the provisions cf this act shall in no way interfere with existing 0 legal lcarl C rights 0 of incorporated cities and towns in relation to animals running at large ser 16 the fees of a appraisers appraisers acting under the provisions pio visions of this act shall be twenty cents per mile one way only from his place of hesidence lesi dence and to the alie place where the damage is alleged to have been done and twenty cents per hour for the time necessarily s spent ent in in vie viewing will 0 and appraising the damage to be recovered as costs in the case |