Show THE laff mr booth has introduced in the council A bill to amend sections 2219 and 2230 compiled lawe of utah in to it is proposed by tins bill to repeal sections 5 and 6 and substitute sections 2219 and 2220 in which it is provided that tho owner or occupant of any real property may distrain all animals doing damage on such property and may keep such animals in bamo bomo secure place not to exceed awen ty four hours and in order to hold said animals for damage committed by them shall within twenty four hours file with the of the precinct n verified statement giving the name of the person dam aged the name of the owner of the animals and the amount of the damages and making affidavit to the facts connected with the damage done all which must be subscribed and sworn to in the usual orra before the it provided further that the person damaged shall at tho time ho files his statement with the pound kooper deliver the animal so held for dam age and if tho owner of the animal resides in tho precinct end is known to the shall notify the owner of tuo acts contained in tho statement iho owner to receive the animal if within twenty four hours from the taking up of the animal ho pays the amount of dam ago tho pound keeper is required upon receiving any animal and filing the statement to give the owner if can bo learned by marks or brands on said animal a notice in writing of the facts contained in the statement when the owner if he appear within two days from the issuance of tho notice may obtain his animal on payment of the damage and the costs of the if the owner be unknown or if known fails to appear within two days and pay the costs end damages the pound keeper is to file within twenty fours with a justice of the peace of the precinct a copy of the plaintiffs statement and the justice within one day and as soon thereafter as practicable shall issue sum mons notifying the defendant to appear before him on a day designated to anwer the statement fied by alie plaintiff wherein tho latter claims damages aud describing tho animal and that if he the defendant should fail to appear as required judgment should ba rendered against him for damages and costs of the and the suit if the owner of alie animal resides in tho precinct service is to bo made on him as service of summons in civil cases if the downor residua out of the precinct sonvico must ba made ully or by publication as the justice chali order if tuo owner of that animal be unknown on the verified statement of the pound loeper to the effect n copy of the summons is to bo posted in tareo of tho most public places in the precinct and published at I 1 past once in some newspaper in he county the publication to b p made it lc idt one day before the heuing the return day in the summons not to be anoro than seven days afat r the issuance on the hearing be 13 to take legal testimony for and against the truth of plaintiffs statement and under his judgment in I 1 accordance with his findings of fact if judgment is readied in favor of tho plaintiff and the same is not paid or satisfactorily secured the justice shall un order to the to beil said animal which sule may tak place at any time within ten das nf one days notice by publication and posting the notice to be given by the pound koeper thu of salo must contain the names of tho parties in the action n description of the animals to be sold and the timo und place 0 sale and the sale ennst be at public auction to the highest bidder tho bill provides also that if the owner at any timo before trial offer to pay and tender any part of the dam ago and costs and the same is refused by the plaintiff and the latter fails to recover a judgment for more than the amount tendered he shall not recover any costs which may accrue after the tender is made |