Show THE LAW section 1 be it if enacted by the fm Gover governor tor and legislative assembly of the territory of utah ut that any ally county or precinct thereof may at any general or special election called for that purpose hy by the county court by a vote of not less than two thirds of the taxpayers voting at such elections declare in favor of fent fencing ing their farms and allowing their animals to brunat run at large in such cases casbe the provisions of this act authorizing the detentions and sale of an animals imalis fo damages shall lie he inoperative see sec 2 all horses mules and neat cattle regardless of age except sucking calves and colts colta found running at large on which there Is no brand and all such animals branded the owner of which after reasonable search cannot be found and which have been running at large on any range in this territory for one year or rn more re and any hogs running at large on the premises of any person not the owner are hereby declared to be es trays see sec 8 S it is hereby made the duty of the constable of any precinct to bo take up any estraya lit in said precinct and after advertising them giving therein a general description for ton ten days he shall sell the sime same at public auction to the highest bidder for cash and after deducting ingo costs and expenses expense of keeping anti and sale shall deposit the balance of the proceeds of sale with the j justice notice of the peace to be by him disposed of as in ease case of the sale of animals for damages as hereinafter provided see sec A 4 if any neat cattle horses mutes mules sheep goats or hop hogs shall tres lam ordo or do damage upon the properties prop of any person except in cases where said premises are not enclosed by a lawful fence in in districts or places sherea fence is required by law the party aggrieved may recover decover damages by au an action at law against the owner of the trespassing tres passing animals or by proceeding as ar provided in this act i see sec 5 the owner or occupant of any real pro property porty may distrain all animals doing damage on such property and keep them in some secure plage place and properly care for the same and shall notify the owner if known and if he resides within a distance of five miles arof from 11 the place where the animals are dis dia aral trained fied and if all damages are not paid within forty eight hours after taking said animals ani mils he shall file a verified complaint to in writing in the justices court of the precinct in which the trespass was committed substantially in the following forrin form in the justices court of precinct county utah territory name naine of person damaged plaintiff vs name of the owner of the animals if known if not known john doe defendant the said plaintiff being first duly sworn on his bis oath says tha OR certain animals to wit here describe the animals now at state the place which shall be in the precinct on the day of A D at precinct county and ter aforesaid belonging to here state the name of f the owner of the animals if known or if not known knowli john doe whose name is otherwise unknown defendant did unlawfully trespass on the property of s ild plaintiff hy by liere here state the acts causing the damage to his damage in the sum dollars that no part of said damage has been paid t plaintiff subscribed and sworn to before me this day of A D see sec 6 upon filing said suld complaint said justice shall post up in some accessible place in front of and near thereto a written statement eonta containing ining a description of said animals the name of the person damaged the place where said animals are detained and the amount cf the damages claimed hy by the party aggrieved sec 7 it if the damages including expense of care and keeping of said an anim I 1 m ils anti and costs of the justices court ate are not paid within forty eight hours after the filing of said complaint the justice shall issue a summons addressed to the defendant by name if known if not known to john doe requiring him to appear 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 ot of the animals and jn in other respects shall be substantially us ks provided by law in civil cases if the defendant is known the summons shall he served and return thereof MR made e in the manner provided hy by luw law in tn j justices courtlin courts in civil cases if the defendant be shall be made by publishing a copy of the summons iu in some newspaper published in the county if there be one published if not by posting a copy thereof iu in some conspicuous and he accessible ces sible pi ce in front of effice and near thereto for a period of at least five days prior to the time set act for appearance when service is made by publication or posting as provided in this section proof thereof shall be meule made by affidavit which affidavit shall be attached to the original summons liec 8 from the time of the service of the summons and proof thereof as aa provided in the pre precelina celing section the proceedings shall be conducted in the same manner as provided by law for the conduct of civil cases in justices courtland courte court sand and the damages and expenses in caring fur for and keeping said animals and co coils its of court shall constitute a lien upon said animals from the time they were taken up until judgment for said daj nages expenses and costs costa are fully satisfied and said animals or so many thereof las as may be necessary may be sold upon execution for the satisfaction of said judgment and no such animal shall he be exempt from execution 1 provided that the fees allowed in said justices court under the provision of this act shall ile he one half of those allowed in other civil co cores cases res in said mid courts if the defendant is of the opinion that the damages claimed are excessive he may at ny ay time after taking up the animal and beffre trial wader tender the pi 0 dutoff the amount he deems reasonable and if the plaintiff does not recover a greater sum than thit that rendered the costs from the time of the tender shall be assessed against th plaintiff see sec 9 after six months from the date of said sale aate the net proceeds thereof shall be paid into the county treasury of the county in which the sale was made after which said sum shall be the same saine as other oilier county funds if however the owner of said animals shall within 1 six 8 ix mouths months from the date of sale prove to the satisfaction of the justice who heard the case that he was the owner said eaid justice shall pay such net proceeds tu to such owner land and report quartee ly to the county court a list of all such cases which report shall show the cases tried number of animals sold the ainoa amount at sold for and disposition oi of the proceeds see sec 10 each in this territory shall deliver to the justice of the the precinct in which he resides all brand books or sheets in his bis possession see sec 11 any person who shall take any animals out of the custody of the person holding them for damage las as provided in this act or who shall intercept or binder bi ader any person in taking up or attempting to take up such animals for doing damage is bilty of a misdemeanor see sec 12 the provisions pro visions of this act shall in no ao way interfere with existing legal rights in incorporated cities and towns in relation to animals running at large see sec 13 sections 2215 1 inclusive of the compiled laws of utah of 1888 and all laws providing for precinct pound keepers and prescribing their duties are hereby repealed see sec 14 this act shall take fake effect upon its approval approved march 1890 |