Show BY ny authority AN ACT A pet pel tahl taht tabling to damage done by Ani animals mats SEC 1 be it enacted by the Gover norand legislative gisla tive assembly of the territory of utah that owners of horses mules cattle h hogs sheep and all other domestic animals sha shall shail ij b be held hold liable to pay all damage done basald animals upon the premises of other persons whether sa said sald d premises are protected by fences or n not ot SEC 2 dama damage e done by trespassing tres passing shall forthwith be appraised by any three disinterested te qualified voters that can be most readi rendi ly procured who may make a reasonable charge for their services and an their appraisal and charge for their services shall shall shail be deemed amounts finally determined in law which amounts together fether rether with any additional expense necessarily incurred a burred in keeping such animal searching for it its so owner fil e n or otherwise may if baym payment ent thereof b be e r refused or neglected bo be sued for and collected as in notion n of debt SEC 3 the appraisers must state in writing the time and place of the damage the name 0 of the person aggrieved and if known the name of the owner ownen of the tho animal the amount of damage they appraise and their thel char charge ine lne if any for their services so far as maybe may bay be a general description of the animal and a specification of any marks and brands thereon and sign and deliver their statement i 0 the person aggrieved and such statement shall be taken as evidence in any court and SEC c 4 when the tiie ownership of a trespass ing animal is not known or cannot readily be learned the person claiming pay for dam oge SQ shall shail as soon as practicable tiet tier tie tle furnish a cle cie descriptive advertisement of said animal for one insertion in some newspaper having a general circulation or post it in three conspicuous places within his district and if ownership is not proven within seven days from the inser insertion ion lon or posting up of wald waid advertisement the aggrieved person settlement where a str stray pound Is not kept for the receiving and tak taking ry i care of animals Is hereby authorized after advertising ver or posting notices to that effect in three co conspicuous places within his neighborhood during at least three days preceding to sell said animal at public sale to the highest responsible ble bie diddel bidden provided the nearest justice of the peace or constable superintends super intends said sale and receives the proceeds thereof and it Is hereby made the duty of said justice of the peace or constable to furnish the county clerk with a description of said animal which shall be ke kept t 0 on n nile file also the amount of costs and sum X obtained which shall be recorded in a book kept for that gur fur purpose purpose pose ana and open to the inspection of the pub public je and after paying all charges and costs on oil said animal including cost of advertising recording and a reasonable fee for his r services to immeTta immediately tely 1 pay y all surplus into th the e territorial rit orial treasury to be therein ther eili elit held for tor the benefit of common schools and every sale and purchase as aforesaid shail shall shall be valid in n law provided that theother the owner ner her may reclaim such surplus within J six months from the time of sale i SEC 5 in a settlement where a stray pound As its at the time kept for receiving and taking care of animals and the ownership of a trespassing tres passing animal Is not known or cannot readily bp learned the person aggrieved shall directly after the damage Is appraised deliver said ant animal and a copy of the appraisers statement in relation thereto and such other charges if any as may have arisen through keeping said anim animal 1 an and driving n it to a stray t T pound 0 u to ot the e keeper ce cof of said pound oun ai and d it Is ker hereby e b y made mado e the edu duty auty bof of said sald pound keelor to receive said animal I 1 al and take suc sue sueh such care and make such disposition of it as us Is or may be provided by law for animals placed in ills his keeping provided he hold hoid sald said animal subject to the tho payment of such charges as were presented at the tile time it was delivered to him SEC bec 6 when the ownership of a trespassing tres passing animal Is not known or cannot be readily re learned and there Is no stray pound at the time kept within the settlement and the person aggrieved Is unable to keep said animal he may make arrangements for its being properly kep kept at customary rates and the expense thus in currad shall be paid as provided in this act for the payment of other expenses incurred on behalf of said animal SEC 7 upon petition stating that a spec specified idled region in any county Is better et r adapted a 0 to grazing raz rae than to other agricultural purposes ses if the county bilty court of haid said s I 1 county anty so decide eci eel e then t en the other s sections eions of this I 1 act ct sha shall shail be e I 1 inoperative no e tiye tive within said specified region during suc sue such ti time e as said court in their judgment ma may determine eter ne SEC 8 any county in this territory berrito declaring by a vote of two thirds majority of its legal voters s in favor of fencing their farms and of allowing their stock to run at large ma may do so by the county courts calling a special erection election for that purpose in such case the foregoing sections of this act shall be inoperative and void provided the stock owned in any such county shall be liable for all damage they may do to any cr crops 0 p sg crowing rowing in an adjoining county that may not net h have ave declared bynote by vote its is exemption from the provisions 0 of the fore sore foregoing g sections of this act SEC 9 all laws or oz larts parts of laws conflicting with this act are crepea repealed e d GEORGE A SMITH I 1 I 1 President of the coun council 11 c ll JOHN TYLOR taylor speaker of the house of representatives approved jan 19 jamea JAMES duane DOTY dory governor oreice orrice 1 I utah territory 1 I 1 chereb hereby Y certify f that the foregoing Is a truo true copy op y of f a law P passed ed by the legislative assembly b I 1 y 0 of fu utah t all ail te territory frit ory and approved proved tp by the governor ver n or on the aay day day of j january ai luary A D 1865 the original of which Is on file in this office in witness whereof I 1 have hereunto set moy roy hand and affixed the great seal of f T a 1 said baik baia said territory this tills day of january 1 1 A D and of the independence 0 of the united states the eighty eights illeth emos REED secretary ecret ary of utah 1 ter I 1 L I 1 |