| Show THE NEW LAW we we publish elsewhere in this issue the eltray law as it now stand amended the numbering of the sections of tho the Jo johnson linson bill passed at the last session odthe of the legislature is mislead misleading inc and nonsensical but we have put the new sections with the sections of 1892 which was not reported and numbered then as a chev should be when law lawmakers makere are so careless that the sections enacted are not even numbered decently and in order we may well look for greater defects in the boda bod of the I 1 law a w the estra astray ly law was made a party question in cache and other counties the republican pledging themselves to enact a good law if elected A republican assembly was elected and among amona tho the ilia many bad measures introduced was the law we are now considering in 0 by one Jolin johnson tion of san pete th this is gentleman made his campaign 0 we are told on the lawand the proposed law to tax mortgages The later proposition was wa condemned by his own party but the former was put through by a party vote just as it camo came from froin the pen of said johnson John bon without the correction of clerical an and alother oilier patent deflects I 1 representatives from this district offered a far better law but it was rejected i ed by a party vote our boys then sought to make inake some corrections or improvements in the joanon bill hut but it was not permitted by a strict party vote attention was called to many of the lowing glowing errors in the bill but it was to no DO purpose the majority seemed determined to pass the bill without so much as a correction by dotting C in an i or crossing 0 av a t of course it is of little use to explain n wo who is responsible for the situation that this law places people in they giua suffer under its unwise provisions pio visions and it is little or no consolation to know that a political party is to blame for it the first five sections of the law of 1892 with one amendment remain sections six to sixteen inclusive elusive clu sive eive as published today are tilt the sections enacted if sit t the list so session shiou it would be well for constables justices justice stockmen stoc kmen and far farmers Diers to note the changes made by the new law I 1 in the first place the law in re garalto estraya proper or animals animal over ove tho the age of eighteen months on which there is no brand remains remains practically the same as the old law the constable takes up the estraya in his precinct and sells same saine at public auction after posting notices in three places in the precinct for ten days an na animal not an but bu taken taken u up for treis tress pass or damage must be held by the person taking C the same up for twenty four hours but no longer during that time lie he must have the damages appraised by a disinterested registered voter who must give a certificate in the form forin pres crib d i winch 1 i t h certificate fiust be 1 I 1 delier deli er th 4 ovner of tho the iani in mil or I 1 mailed f to lo olt him if coffe c 0 U I 1 f e 1 this provision pio vision for an appraisement i is an absurdity being pa annec ebsary etnar yond 11 nd ex expella expense e but betit it must lie be strictly complied with nevert nevertheless licese during this at 21 houie tile the brand elberts inu mutt t lie be examined by the taker laker to certain ascertain ascel T tain tl alii owner of tile animal if thu the owner does docs not appear i pear arid and pay liay all expenses within i alu i 1 tho the paid 21 hours suit must be broa M flit it anoy lie be that the owner is Is known and has been notified by registered letter just before the expiration prati pi ration of said time tillie but as he be may iivo it a consider considerable abIc distance froin the place of tress tho the registered letter containing the notice may not reach him for several days after fisting pi sting and tile the poison person taking the animal may b be c almost certain that tile the owner will appear and pay costs as soon as aa the information is is received 1 yet suit must be baroti brought 1 lit nd ind the expenses of action ine u ried in in order to secure to the taker the pi election eLtion of the law if suit is commenced before the expiration of said twenty four hours or is is commenced any considerable little limo thereafter the proceedings would lie a nullity and would 11 not ot give the plaintiff the protection of ill lie law neither can the animals be turned over to tho the con stable until the expiration of the 21 1 1 hours and after said time must be turnell turned over to him and can call not safely be held by the plaintiff summons is to be issued and inthe if the owner lives in the precinct is if served on him personally but iche if he resides out of the precinct is served by mailing a copy by registered letter and if the owner is not known service service is s made by posting notice for TIO no specified time in three p places laces in tho precinct service is complete from the ill mailing ailing of tile summons or the posting of the notice as the case maj dial bp be and aa id within rive five days davs thereafter j judgment may be had execution issued and the animal sold it is unnecessary to comment on oil the folly of arrangement or the injustice it will lie be to the owner of ani animals nials to have them confiscated in this way one lias has only to read the law to realize its defects and time only will tell the tale of loss to all concerned tho law air of 1892 1802 was defective in one of its sections and thus pro deuced loss and di what then will be the effect of ofa a law defective in all its parts T tele e people of this county are more i interested te in an law than in any other law passed this is is one excuse for devoting 0 so much space to this matter it may be of interest to tile the t f tock lock owner who is likely at any time lime to have his animals gold fold in the very precinct preci in which lie he resides without notice and an ail opportunity to protect himself that the supreme court of in the case of young ID vs wright Vr ight 52 cal based upon spoil a 2 law r similar to this and decided it to bu ancon unconstitutional the questionable tio legality of this law may inay also deter some front from takino taking up and confiscating thir thi r neighbors stock the johnson johnsoa law will prove like a buzz saw raw which cuts both ways before you monkey monkey with it be sure of your ground |
