Show an act providing for the disposal of estraya FULL TEXT OF CERTIFIED COPY diio constable of a precinct to take up estraya nc may sell them after ten days A an pet providing for the disposal of estraya and animals for trespass and damages SECTION 1 be it enacted ay the governor and legislative assembly territory of utah any county or precinct thereof may at any general or special election called for that purpose by the court by a vote of not less than two thirds of the taxpayers voting at such elections declare in favor of fencing their farma and allowing their animals to run at large in such cases the provisions of this authorizing act the detention and sale of animals for damages shall be imperative SEC 2 all horses mule sand cattle regardless of age except sucking calves and colts found running at large on which there is no brand and all such animals branded the owners of which after reasonable search cannot be found and have been running at large oa the premises of any person not the owner are hereby declared to be es trays SEC 3 it is hereby mado the duty of the constable of any precinct to take up any estraya in said precinct and after advertising them giving therein a general description for ten days he shall sell the same at public auction to the highest bidder for cash and after deducting coats and expenses of keeping and sale shall deposit the balance of the proceeds of sale with the justice of the peace to be by him dis posed of as in case of the sale of animals for damage as hereafter provided SEC 4 if any meat cattle horses mules sheep goats or hoga snail tress pass or do damage upon the premises of any person except in cases where said promises are not enclosed by a lawful fence in districts or places where a fence is required by law the party aggrieved may recover damages by an action at law against the owner of tress passing animals or by proceeding as provided in this act hc 5 the owner or occupant of any unproved real property may distrain all animals doing damage on such property and keep them in some secure place and propel ly care for the same and shall notify the owner if known and if lie resides within a distance of live miles from the place where the animals are di strained and if all damages are not paid within courty eight hours after taking said animals he shall file a verified complaint in writing in the justices court of the precinct in which the tres spass was committed substantially in the following form in the justices court of precinct county utah territory name of the person damaged plaintiff vs name of the owner of the animals if known known john doe defendant the said plaintiff being fiirst duly aborn on his oath says that certain animals to wit here di scribe tho animals now at state the place which shall be in the precinct on the day of A D 18 U at precinct county and territory aforesaid belongings bel to here state the name of the owner of the animals if known or if not known john doe whose name is otherwise unknown defendant did unlawfully by tres spass on the property of said plaintiff by here state the acts causing tho damage to his damage to his damage in the sum of dollars that no part of said damage has been paid plaintiff subscribed and sworn to before me this day of A D upon aling said complaint said justice ahall post up in some conspicuous and accessible place in front of hia office and near thereto a written statement containing a di of said animals the name of person damaged the place where said animals are detained and the amount of the damages claimed by the party aggrieved G it the damages including expense of case and keeping of said animals and costs of the justices courture Cour tare not paid within forty eight hours after the liling of said complaint the justice shall issue a summons addressed to the defendant by name if known if not known to bolm doe requiring him to appeared on a specific day naming it not less than five nor more than ten days from the issuance of the summons which said summons shall contain a description of the animals and in other respects shall be substantially as provided by law in such cabog if alie defendant is known alie summons shall be served and return thereof made in the manner provided by law in justices courts in civil cases if the defendant be unknown bervice be made by publishing a copy ot the summons iu some newspaper new published in the be one if not by posting a copy thereof in some conspicuous and accessible place in front of the justices office and near thereto for a period of at least five days prior to I 1 the day set for appearance when service is mada by publication or posting as provided in this section proof thereof shall be made by affidavit which affidavit shall bo attached to the original summons SEC 7 from the time of alio service of summons and proof thereof aa provided in the preceding section the proceedings ce edings shall be conducted in the same manner as provided by law for the conduct if cibil cases in justices courts and the damages and expenses in caring for and keeping said animals and costa of court shall constitute a lien upon said animals from the time they were taken up until judgment for said damages expenses and costs are fully satisfied and said animals or so many thereof as shall be necessary may bo sold upon execution for the satisfaction of said judgment and no such animal shall be exempt from execution PROVIDED that the fees allowed in such justices cour the provisions of aliis act shall he one half ot those al ed in other civil cases in said courts SEC 8 if the defendant i of the opinion that the damages claimed are excessive he may at any time after taking up the animal and before trial ten de the plaintiff alie amount he deems reasonable and if the plaintiff do not recover a greater sum than eliat tendered the costs from tho time of the tender shall be assessed against alie plaintiff SEC 9 after six months from the date of said sale the net proceeds of shall be paid into alie county treasury of the county in which the sale was made after which said sum shall ue the same as other county funds if however the owner of said animals shall within six months from the date ot sale prove to the satisfaction of tho justice who beard tho case that he was ohp owner such justice shall pay such net proceeds to such owner and report quarterly to the county court a list of all such cases which report shall show the cases tried number of animals sold the amount bold for and disposition of the proceed SEC 10 each pound keeper in this territory shall deliver to the justice oi the peace of the precinct in which ho resides all books or sheets in his possession Dos session SEC 11 any person who ahall take any animals out of the custody of the person holding them for damage as provided in this act ceball intercept or hinder any taking up or attempting to take up such animals for doing damage is of a misdemeanor SEC 12 the provisions of this act shall in no way interfere with existing legal rights of incorporated cities and towns in relation to animals running at large SEC 13 sections to 2232 inclusive of the compiled laws of and all laws providing for precinct pound keepers and prescribing their duties are hereby repealed SEC 14 this act shall take effect noon its approval approved march |