Show IMPORTANT MEASURE AN ACT ABOUT FARMERS SHOULD SE POSTED the legislative enactment pertaining to Es at the request of a number of correspondents we produced a copy of the law passed at the last session of the legislature amending the law of 1885 relating to es trays impounding animals etc the bill in the form in which it passed would be unintelligible unless compared section by section with the law of which it is amendatory and we have therefore caused te be prepared a copy of the law as amended in other words a compilation which is here appended 1 be it enacted etc that each county court shall where not already done appoint a for each precinct in the county whose term of office shall be for the term of two years and until his successor is duly appointed and qualified said shall qualify by filing bonds and taking and subscribing an oath of office the amount of bonds shall be determined by the county court approved by the probate judge and filed with the county clerk SEC 2 each shall receive and take good care of all animals properly committed to his charge and use due diligence to find the owner or owners thereof by record of marks and brands and otherwise and shall receive and file all bills of damage duly presented and enter the amount in a proper book provided for the purpose by the county court SEC 3 if any neat cattle horses mules sheep goats or hogs shall first break through a lawful fence or do damage within the enclosure or premises of any person in any county or portion thereof where the inhabitants have declared or may hereafter declare in favor of ien cing their farms second breakthrough a lawful fence within an incorporated city or town or any lawful fence enclosing any city lot orchard or and do damage therein third in all other cases where said animals do damage upon the premises of any whether said premises are protected by a fence or not the person aggrieved thereby may recover damages either by an action against the owner of the trespassing tres passing animals or by impounding them in the precinct pound SEC 4 any county or precinct thereof may at 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 at such election declare in favor of fencing their farms and allowing their animals to run at large in such cases subdivision 3 of section 3 of this act shall be inoperative SEC 6 the owner or occupant of any property may distrain all animals doing damage upon such property and may keep such animals in some secure place or may deliver said an mal or animals to the precinct until his damages are appraised and in order to be entitled to recover damages shall within twenty four hours after it is known to him that the trespass is committed get some disinterested male citizen a ree holder over twenty one years of a ge to appraise the damages and give a statement thereof in writing setting forth the amount time and alace of the damage the name of the person damaged and if known the name of the owner of the animals with a description of the animals thereupon the person aggrieved shall notify the owner of said animals if the owner shall be known to lim and resides within six miles of he place of trespass which notice he deliver or cause to be delivered 0 o the owner or left at his place of residence ho shall be allowed afif leen cents per mile one way only for serving said notice if the owner cannot be found or if found shall re hiso to pay all costs and damages then said statement at the expiration of forty eight hours together with said animals if not already in the charge of the shall be placed in the charge of the of the precinct in which the trespass was committed provided that if the owner of said animals deems the appraisal too high he may choose another appraiser having the qualifications herein provided who with the first shall make a new appraisal pra isal or when they cannot agree they two may choose a third and they shall proceed and make another appraisal which shall be final said appraisers shall be allowed a reasonable compensation for their services which compensation together with the costs shall be paid by the owner of tho animals SEC 6 whenever animals are impounded the shall within twenty four hours thereafter give due notice in writing to the owner if he be known containing a description of the animals and a statement of the time ancL cause of impounding together with the amount of the damages and costs jural inca sethe owner shall not be known he shall t forthwith advertise for sale by posting up notices in three conspicuous places within his precincts and by advertis ingin ing in some newspaper having general circulation in the county baid notices shall give a description of the animals including all marks and brands and shall state place of sale juial that if not claimed and taken 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 date of said notice sent him fails to pay the damages and costs the pound keepers shall immediately advertise such animals as hereinbefore provided in this section if the owner of such animals impounded as aforesaid shall not within said fifteen days after advertising pay the damages as appraised and all costs accruing on said animals the shall sell the same as provided in this section SEC 7 all horses mules and neat cattle regardless of age except suck ing calves found running at large and upon which there is no brand shall be deemed es trays and all horses mules and neat cattle branded the owner of which after reasonable search cannot be found and which have 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 the owner are hereby declared to be es trays SEC 8 the of each precinct within this territory shall use due diligence to obtain and take into his possession all estraya running within his precinct 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 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 section if they are unbranded he shall immediately give fifteen days notice of the time and place of sale of said es trays together with a full description of the same by advertising in some newspaper published within the county if there be one and by posting up notices in three conspicuous places within his precinct but if the estraya received as aforesaid are branded he shall proceed as provided in section 6 of this act when animals of which the owners are unknown are impounded for trespass SEC 9 he shall keep an accurate record of all animals received by him their age color sex marks and brands whether estraya or impounded for trespass when and to whom sold the amount received and the costs thereupon which record 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 showing the number of animals eold the amounts received and the costs thereupon which report must bo duly verified before some officer authorized to administer oaths SEC 10 upon the sale of any animals as hereinbefore provided the shall execute a bill of sole transferring said animals to the purchaser or purchasers thereof which shall be substantially in the following form filling in the spaces as may be necessary know all wen by these presents that in pursuance of an act entitled an act providing for impounding animals and prescribing the regula eions of pounds and for the disposal of es trays 1 I have this day sold to for the sum of dollars he being the highest bidder head of described as follows to wit witness my hand this day of of precinct county utah territory such bill of sale shall transfer and vest in such purchaser the full title to the animals thus transferred if any animals thus sold shall within the period of six months immediately ensuing after the day of the execution of the bill of sale be claimed identified and proven as tho property of any person it shall be the duty of the county court to forthwith pay the money received for such animals to their owner less the amount of costs and damages assessed against the same but in the event said animals shall not be claimed identified and proven within said time then said money shall become the property of the county and shall be used by it for the purpose hereinafter provided SEC 11 the proceeds arising from the sales of said annuals shall be paid into the treasury of the county in which said sales are made to be used by it in the payment of persons employed in detecting violations of the laws of the territory of utah it shall be the duty of the treasurer of each county to keep in a separate fund to be known as the live stock fund all moneys paid to him under the provisions of this act and to pay the amount only upon orders from the county court duly attested by the county clerk SEC 12 the fees of the pound keepers shall be as follows for registering horses mules cattle and hogs fifty cents per head and ten cents per head for sheep and goats for executing a bill of sale twenty five cents 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 the same SEC 13 any person other than a taking up animals under the provisions of this act and retaining them more than forty eight hours shall be deemed guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred dollars for each animal BO retained and all damages that anay accrue thereon sec al 11 any person hi own animals 1 or that of any other person the custody of the person holding them for damage done by them any pound by stealth or by force or who shall intercept or hinder any one while in discharge oi his duly under this act may be fined in any sum not exceeding one hundred dollars SEC 15 any person whose animals are impounded may maintain an action against the for claim and delivery of personal property if upon trial it shall appear that the animals were lawfully im the defendant shall have judgment for lucli sum as ahall be found due from the plaintiff for the damages for which the animals wore impounded together with all the legal fees cost charges and expenses and the costs of the action or instead of such judgment for a return of the animals to tho defendant and he shall hold and dispose of them in like manner as if no action had been brought SEC 16 if it shall appear on the default of the defendant or otherwise that the animals were taken without sufficient or justifiable cause the plaintiff shall have judgment for his damages caused by the unjust taking and detaining and for his costs of suit SEC 17 that sections 12 and 3 of an act pertaining to damages done by animals and defining a lawful fence approved february 17 1869 are hereby stricken out with the exception of the enacting clause and an act establishing district and pre pounds and prescribing regulations for conducting the same and for disposing of animals approved february is hereby repealed nothing herein shall be construed to interfere with the rights of incorporated cities and towns to regulate impounding of animals and disposing of the same |