Show NOT PROPERLY AMENDED ir is unfortunate that the legislature did not give the territory a better law upon the subjects of anim animals and trespassing tres passing stock in our issue iss V of march 29 we gaab gave the statute la is lull full as amended and it at will be seen on examination that the amendments which were made do not meet existing requirements quire ments section 17 of the old law was stricken out in order to meet the point sustained in a decision by judge zane which was to the effect that the tIn dinga of appraisers were not a limit to the judgment of damages which a court after a judicial jadice al investigation might award but the striking out of section 17 did not cure that defect in the statute the sanae feature is preserved in ija section 5 which was re enacted at the last session W with ith the addition of a clause providing that trespassing tres passing animals may be di strained that is held as a pledge or as security for tue toe pay payment ent of the damages done by them lu ia this section the expensive cumb cumbersome ersome ineffectual and nearly always unsatisfactory appraisal system is preserved three appraisals are provided for and it is declared that the third shall be haal nal a provision which is unconstitutional t tut ut ional aud and therefore a nullity the fix fixing tug of the amount of damages is a judicial act in this territory tile tae only person or officers who can perform judicial acts are the courts or judges provided provid ed for in the laws of C congress angress relating to the territory tile utah legislature cannot vest judicial pow ers era is in any or board beard etc no matter by what name known nor tor for what purpose constituted outside of the courts created by congress this rule is elementary and will not be disputed and it is the more extraordinary that the assembly should have made one amendment amend meat to the old law tor for the purpose of conforming to it and at the same time should have re enacted a provision in flagrant violation of it atis it is well enough to have an appraisal of the damages maae it the ob jecobe eject be to facilitate a fri friendly eudly settlement but bd it if the parties are determined on a legal contest the expense and trouble of thu the appraisals provided for io in section 5 may as well be avoided direct action for damages planted in i the rne court of a justice of the peace or a I 1 united states state commiso commissioner ioner or in one oae of the district couris is ane t N e proper pro er remedy and Is provided r vi ed for in section 3 it itts is doubtful if the tae provision allowing animals to be di strained will be regarded with favor in this territory it it t shall be put iu in operation to any considerable extent it Is a remedy of great antiquity but with the growth or of sentiment in favor of the rights of the debtor as s against the tyranny of the creditor it has fallen into diere pate fute in all of the new england and la a most of the southern and western states it has been abolished and in ia this territory di straining for rent has been for fo T many years prohibited it is a reme remedy y rarely used except by landlords property which is exempt from execution cannot be di ala strained trained a fact which should be borne in m mand n b by parties resorting to this method etho otherwise they may themselves yes incur damages aside from the features above noted the principal change made in the law is to the effect that will retain es trays fifteen instead of ten days dayo belore before soung them which affords more time for the owner to find them or jor for the to find the owner the new law will not bot go 90 into effect until midnight may alst until then pound keepers and others will act under the old law |