| Show I THE ESTUAY LAW An e ProtMIc for the Iisposief E traji > and Auinuli Trespass I and Damage SectIon 1 Jie it enacted b the Governor and legislative slMmbty oft Tcmty of LtaJu That m county or precinct thereof may tt any general or special elton called for that purpose by the county coun-ty cur liya votu of cot lava than two thirds of lie taxpayers voUng I at cool elections declare In favor ol fearing their fUr and albwing trelr animals to count large iu such cases the provisions of this act auUiuriziug the detentions and sale animals for thimagts shall be inoperative in-operative 8e 2 All horses mules and neat cattle regardless I of age except sucking calves and lta found run ulugat large on which there Is no brand oral all such animals branded brand-ed tbe owner of which after reasonable rea-sonable search cannot Lu found and which have been running at large on any range In thU Territory lor one j tar or more and any hogs running run-ning at large ou tho premises of any person not Uie owner cm hireiij declared Lobe estray 8 s I I hereby made Uie duty of the constable of eOItAil any precinct pre-cinct to take up any Cetrnysln sold product and after advertising them giving therein 1 general descrip tion for ten days he shall sell the sanD at public auction to the highest high-est bidder for cash and after deducting deduct-ing coeU and expenses of keeping and sale hal deposit the lialancu ol this proceeds cf sale with the justice of the peace 1 ta 0 by him disposed of a In case of lbs sale of animals vide for ilaiuigea as hereinafter pr b 4 I any not Ue horses mules sheep goats or hags shall irma I > as3 ordo damage upon the properties ofanyjcrsjii except In cases where said premises are not cncloed by I lawful fence in districts or places wherea fence required by law the party aggrieved may recover I damages by uu action at law against Uie owner ol Uie trcFiosstiii animals ani-mals or by proceeding as provided in thIs act Se 5 Tho owner or occupant of any real property may distrain ill animals doing damage on such property and keep them iu some I secure J place and properly care for I the same and II notify the owner own-er ifcnrmn nml ilIac resides within with-in a dlstano of five miles from the place where the animals are die trained and if all damages art not paid within fortyeight hours after taking said animals he shall tie a verified complaint writing the justIces coutt of the precinct iu which the trespass was commie trp substantially in the following form In the JuUcea court of IVeolnct County Utah Territory Ter-ritory Name of person damaged plain pnl tll8 Name of the owner of the animal if known If not known John Doe defendant The said plalntiffbelng first duly sworn on his oath says that certain 6Js animals towlt here describe the anlinalfi now at state the place whIrl shall bo in the Ict blU b tle precinct ont on-t day of A D Ib9 at Precinct county and Territory Ter-ritory aforesaid belonging to here state time name of the owner of tie animals if known or i not known John Doe whose name I otherwise unknown defendant did unlaw fully tnpi on the property of said plainUff ly her tnt tIme acts causIng the damage to his tinning In the sum dollars That no part of said damage ban Plaintiff been paid Subscribed and sworn to Uforcme day of A D 159trc btc 6 Upon filing said complaint said Justice tball JUftC ihal post up In some rn Ilcous and clhl eb In front of his office and near thereto a written statement wrien it tment containing a description of said animal the i name of the person the damaged place where sold aiihnaU are tIC tained and theamountcf the 1r dam lt ages claimed by the < party ag grieved Sec 7 1 the damages Including IndlIdlnl expense of care aud keeping of said 1 animals and ctots of 1 lusticee court are not paid within forty eight hour after the ner te Cling of cold complaint the Justice shall 1 u7a summons addressed t the defendant by name If known If not known to John Doe requiring him in n i on a tpfClRc day naming Itmaot 1 lecsUiau five nor more than ten day from thmoissuance issuance of the sum mans which said summons rum shall ummon ebn conUIn cnlln a descrfjUon of the aninals and In other shall be oler respect hal b substantially aprovM by law ulTn cases Htho defendant I it known the summoui shall te erTI and return tlicreof made In the manner provided by law In Justlc courts In ivil case If tho c1 defendant b nknownrIc shall be made sbal b la by publishing a copy cf time eummous in some tlew5iiatjr Ime newspajKrpub IltIml lu the cunt irnri I n published J not ly I i poMIiiga I l copy thereof In some conspicuous and Ime c nntllc cessible piece in front of theJusrUcea oCheju Utes ofc amid near thereto for a Kriod ofat least live days priorto the time tme set for apperIC When service I i made by publication or rTle provided in tlild sectIon proof Ulde l ofshall L mlle by affldavlt which affidavit shall be attachcii to tlie original summons Bee 8 From the time of Ihu ser vice of the summons and proof thereof there-of as provided iu the pnceJIngeec Uon the proceedings shall be con iC uuitcu i niu same manner as provided by law I for the nnner conduct 1S of civil cases in justices courtiyind the te damages amid expenses in caring for and keeping cold animals and coIs of court shall constitute a len upon said animals from the time they were ten up unUI Judgment for said danuF3ex > enscand uwtsare fully satisfied And said animaln orso many thereof as may be tarts airy may be sold upon execution for upn exetou the satisfaction of said judgment And no such animal shall bexcmpt I from execution JYoculcd that the fees allowed I in cold justices court under the provision cf this ct shall lie onehalf of tboseallowcd in other civil cases in said courts If the de fcudant f of the opinion Uiat the damages clime are excessive he may at tny time after Liking up thu animal and before Intel tender the pbintitr the amount he deems rKtsouable and If the jilalntiff docs not recover I greater sum than that rendered Uie costs from the time of tbe tender shall be ar o ed against the plaintiff Sec 9 After six months from the date of said sale the mitt proceeds thereof shall 0 paid Into tile county treasury of the county in which the sale was made lie which said sum shall b the same as other I county funds If honcver tbe owner of said animals hal within six months from the date of sale prove to Jhe satisfaction of the jus c who Jieard thu CUSB that ho was the owner taC Justice snail pay such net proceeds t such owner and report quarterly to thu county court a iiit of all such use which report shall GIOW tbo cases tried number animals sold the amount poIJ for and disposition ol the proceeds SclO Each poundkecper in this I Territory shall deliver to the justice of tho peace nf the precinct in which t he resides all brand boobs or chisels I in bU possession S 11 Any person who thai I take any animals out of the custody of tho person holdfng them for dam rrn UiU act or who ace M provided In tJ act shall Intercept or hinder any person I pln Inhsckimguo or attempting to take S up up such animals for doing damage isxullty a misdemeanor 1JIYIC The provisions of this ne shall In no way Interfere with existing Ihal ing legal rights incorporated cities I relation to animals and towns in r3tn nnlmaI S running large Sec IS Sections2215 inclusive of Uie Compiled Laws of Utah of ISS and all laws provlJIn for precinct poundkeepers and prescribing their I duticHare hereby repealed SixH This act shall take ect its I approval upon I ap r Approved March lath 5 I |
