| Show THE NEW LAW I 1 AN ACT providing for the disposal of Ks Ms trays traps and animals bior for trespass and damage be it jan acted by the governor and legisla legislative ve assembly of the territory of utah section 1 that any precinct of said territory may at any general or special election called for that purpose by the county court thereof by a vote of the majority of all the taxpayers of said eaid precinct declare in favor of fencing their farms and allowing their animals to run at large and 1 ln n such cases the provisions of this act authorizing the ae detention and sale of ef animals MAIS for damages shall be inoperative see sec 2 it shall be the duty of the county court of each county at its june session sion in the year A D 1892 or as soon thereafter as may be practicable tle ti to declare what shall constitute a lawful fence for that county and the fence viewers of said county shall be governed thereby see sec 8 all horses mules and neati neat cattle over eighteen months of age found running at large on which thereto there is no brand and any hogs bogs run ning at large on the premises of person not the owner are hereby declared to be es trays see sec 4 it Is hereby made the duty of the constable ot of any precinct of any county in this territory to take up any estraya in said precinct and after advertising them by posting notices in three of the most public places in said precinct giving a general description thereof for ten days shall sell the same at public auction to the highest bidder for cash and after deducting costs and expenses of keeping and sale shall deposit the balance of the pro ceede of the sale with the justice of peace in and for said precinct to be by him dja disposed posed of as a in ia the case of balance of sale of animals for damages as hereinafter provided provided that the constable shall have the power to sell estraya at general round ups or drives and shall advertise his intention to do so for a period of fourteen days previous thereto in some paper having a general circulation in such county and he be shall receive as compensation fifteen percent per cent of the proceeds of such sales see sec 5 if any neat cattle horses mules ass asses sheep goats or hogs shall tres trespass or do damage upon the premises of any per person tion except in cases where said places are not enclosed by a lawful fence in counties where a fence to is required by law the party aggrieved may recover damages by an action at law against the owner of f the trespassing tres passing animals and no animals trespassing tres passing shall be exempt fro from m execution provided the fees in such ouch oases cases shall pe be but one half the beep fee in civil oases came see sec 6 the owner or occupant of any improved real property may distrain all animals doing damage on such property and keep them in some secure place and properly care for the same or immediately turn them over ever to the precinct who shall examine VI ajl marks and bran brandson deFon said maid animals and shall notify the owners if known and if said owner does not reside within the precinct where said animals are detained said notice be by registered letters letter containing a description of said animals ahlma ls including all marks and brands with the amount of damages and costs if the owner of said animate animals to is not known the pound keeper shall examine the territorial brand sheets and if marks and brands are recorded therein corresponding to the marks mark or brands on said animals the shall notify by registered letter the person in whose name said marks and brands are recorded and it if all damages are not paid within two days from the time of taking said animals he shall enter suit in the nearest J justices ustious court for the amount of such damages costs and keeping and said justice shall hear and try such cases in the same manner as other calil case sare tried provided that service of summons time and place of trial shall be as now provided by law in civil cases in Juist justices icelo court see bee 7 the plaintiff must assess the damages and if the defendant is of the opinion that the damages claimed are excessive he may at any time before the trial tender to the plaintiff mae amount he deems reasonable and it if the plaintiff does not recover a greater sum than that tendered the posts costs from the time of the tender shall blessed bm essed against the plain plaintiff tift ev sec 8 after six months from the i date of said sale the n net et proceeds thereof shall be paid into the county treasury to the credit of the county school fund provided however that if the owner of said animals shall within six months from the date oi of sale satisfy by affidavit or otherwise the magistrate who heard the ewe case that he was the owner the justice shall pay such net proceeds to such owner see sec 9 the magistrate shall at the f first rat session of the county court after the expiration of six months from the date of the sale report to the county court his proceeding therein and the disposition of the proceeds thereof see sec 10 the constable in each precinct in every county in this terri tory is hereby made the of such precinct and is entitled to and is made the custodian of all brand b bloks abrand rand sheets pertaining thereto thereta a Y rf see sec 11 any person who shall take any animals out of the custody of any person holding them for damages dam agest as provided in this act or who shall intercept or hinder any person in taking up or attempting to take up such ant animals Ms for doing damage to is guilty of a misdemeanor sec 12 the provisions of this thia act shall in no way interfere with existing legal rights of incorporated cities and towns in relation to t animals running at large see sec 13 that chapter 55 session laws of 1890 and all other laws and parts of laws in conflict herewith be and the same are hereby repealed see sec if 14 this act shall take effect from and after its approval approved march 10 1892 |
