Show THE LAW one of tho measures passed EVERYONE SHOULD BEAD IT abo Dutie provisions and penalties AN ACT providing for impounding animals and prescribing insulations of pound sand for disposing of sec 1 beit be it enacted etc that each county court shall where not already done appoint a for each precinct in the county choso whoso term of office shall be two years and until his successor is duly appointed and qualified said ceball qualify by filing bonds and taking and subscribing an oath of office the amount ol 01 bonds shall be determined by abo county court approved by tho probate judge and filed with the county clerk sec 2 each shall and take good care of all animals properly committed to his charge and use due diligence to find the or owners thereof by record of marks or otherwise and shall receive and file all bills of damages suly presente dand enter the amount in a proper book provided for the purpose by alie county court sec 3 if any neat cattle horse mules sheep goats or hogs ahall first break through a lawful fence or do within the 0 or premises of any person in any county or portion thereof where the inhabitants have declared or may hereafter declare in favor of fencing their farms second break through a lawful fence within an incorporated city or town or any benco enclosing any city abt orchard or futack yard and do damage upon the premises of any person whether said premises are protected by a denro or not the person aggrieved thereby may recover damages either by an action against the owner of the trespassing tres passing animals or by impounding them in the precinct pound sec 4 any county or precinct thereof may at a general or special election called for that purpose by the county court by a vote of a two thirds majority of its legal voters voting at eu fh election declare in favor of fencing their farms and al lowing lo wing their animals to run at large in such cases subdivision 3 of this act fidall be inoperative during such period decided upon by lucli vote and damages may be recovered whether said farms be protected by benei or not banera of the aforesaid animals shall be liable fur all damages eaid animals may do to any crops growing iu an adjoining count or precinct that may have dc dared by vote its exemption from the provisions of sections of this act sec 5 the parly aggrieved by animals abbing in ordet to be entitled to recover damages by impounding eliell within twenty four hours alter it is known to him that the trespass is committed get some disinterested male citizen over 21 years of age to appraise tho damages and give a statement thereof in writ ing betting forth the amount timo the place of ahe damage tho name of tho person damaged and if known the name of the owner of the animals with a di of said animals which statement must forthwith bo sent 0 o the said owner or if lie cannot be found or refuse to pay all coats and damages then eaid statement together with the animals at the expiration of forty eight hours shall be placed in the charge of the pound keeper of the precinct in which the trespass was committed provided that if the owner of eaid deems the appraisal too high ho may choose another appraiser who with the first shall mako a nw appraisal or when they cannot agree they two may choose a third and then proceed and make another appraisal which chah be final said appraisers ahall bo allowed a reasonable compensation for their services to bo paid by the owner ol 01 the trespassing tres passing aimala an mala sec Q whenever animals are impounded the pound keeper shall within twenty four hours thereafter give due notice in writing to the owner if ha be known a description of the animals and a statement of the birno and cause of tha impounding together tho amount of damage and costs and in cae atie owner shall not be known ho chall forthwith ad vc for tale by posting up noticed in three conspicuous places within his precinct and by advertising in some newspaper having general circulation in the county said notices give a description of the animals including all marks and brands and shall state the time and place of eale and that if not claimed and lakan away within ten days from the date thereof he will el fhe same to tup high abt cas li bidder if tho owner an ituala within two days from dato of said notice sent him fails to pay the damadeo and costs the pound keepers ahall immediately advertise such an imala aa hereinbefore provided in this section if the owner of such animals impounded aa aforesaid shall not within ten days after advertising liay the as aforesaid and all coata accruing on said animals alio pound keeper shall ell tha bame aa provided in abia sec 7 all horses mules and neat cattle of age except bucki ing calves found running at lare and upon which la no brand shall be deemed and all horses mules and neat cattle branded the owner of which after reason alue search cannot be found and which have been running at largo on any ranga ibm this territory for two years or more or any hogs found running at barite upon the premises of another cereo not abo owner are hereby declared cs trays gee 8 rhe of each precinct within he territory shall use due diligence to obtain and take into his possession all running ra within his precinct and at the end of ten days thereafter he shall after having given due notice of the time and place of sale and the number and kind of animals to be sold cell abo bame to the highest cash bidder singly or in lots at his discretion whenever any aro received bv him except as heretofore provided in this section if they are cd ho shall immediately give ten days notice of the time and place of sale of said estraya es trays together with a full description of the bamo by advertising ver in bome newspaper published within the county if there be one and by posting up notices in three conspicuous within his precinct but if the estraya received as aforesaid are branded bo shall proceed aa provided in section ix of this act ahen animals of which the owners are unknown arc impounded for trespass sec 9 he shall depan account record of all animals received by him their age color tc marka and brands whether estraya or impounded for trespass when and to whom sold the amount received and the costs thereupon which record shall be open to the inspection of the public at all reasonable hours and quarterly hejhall make returns to the county court of his county showing the number of animals cold the amounts received and the costs thereupon which report must be duly verified before some officer authorized to administer oaths sec 10 upon the sale of any animals ag hereinbefore provided the shall execute a bill of sale transferring eaid animals to the purchaser 01 scra thereof and which shall ba substantially in alio following in the spaces as may bo necessary know all men by these presents that in pursuance of an an act entitled an act providing for impounding animals and prescribing the regular eions of pounds and for the disposal of es trays I 1 have this day sold to for the sum of dollars lie being the highest bidder head of described as follow to wat witness my liand this day of of county utah territory such bill of sale shall transfer and vest in such purchaser the full title to the animals thus transferred jf any animals thus sold shall within the period of six months immediately ensuing after the date of tho execution of the bill of sale bo claimed identified and proven as to the property of any person it shall be tho duty of the county court to forthwith pay the money received for such animals to their owner less the amount of costs and damages assessed against tho same but in the event said animals shall not be claimed identified and proven within said time then said money shall become tho property prop eity of the county and shall jao it for tho purposes hereafter provia eTL sec 11 the proceeds from the sales of said animals shall be paid treasury of tho county in which such sales are made to be used by it in tho payment of persona employed in detecting violations of alie laws of the territory of utah it shall be the duty of the treasurer of each county to keep in a separate fund to be known as stock fund all moneys paid to him under the proceedings of this act and to pay tho amount only upon orders from the county attested by abo county clerk sec fees of the pound keepers shall be as follows for registering and boga fifty cents per head and ten cents per head for sheep and goats for executing a bill of sale twenty five rents for selling animals at roundups round ups and drives ten per of the amount received fees for feeding shall be governed by the market price of forage and pa at the time and places of the same sec IS any person other than a taking up animals under the provisions of this act and re thom more than forty eight hours shall ba deemed guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred dollars for cadi animal so retained and all dam ages ali at may accrue thereon sec 14 any person taking his own animals or that of any other person out of the custody of the person holding them for damage done by them or out of any pound by stealth or by force or shall inter opt or hinder in the discharge of his duty under this act may be fined any sum not exceeding ono hundred dollars sec 15 any person choso whoso aar maid are impounded may maintain an tion against the for claimant cla imand delivery of personal property if upon trial it shall appear eliat the were lawfully ini pounded tho defendant shall have judgement jud gement for such sum as shall be found due from the plaintiff for the damages for which the animals are impounded together with all tho legal fees and expenses and the costs of the action of of uch judgment fora churn of the animae 0 o lip and fo shall lold and dispost bof them in like manner as if no action had been brought sec IG if it shall appear on the default of tha defendant arother wise that the taken without cause the plaintiff ehatt have judges for hia damages caused by the and detaining and for hia coals of suit sec 17 if the person shall proceed by action against the owner or person in charge of trespass sing animals lio shall get two diaan te rested persona of his precinct to apprise tho damages and to give him certificate iu writing under their hands which certificate shall accompany alio complaint as a part and under no circum nce chall ho recover 0 the defendant in and shall bo made within lan daya after tha time of euch was committed nor to a greater amount of damages than the amount named in such certificate say 18 That sections 1 a and 3 of an act pertaining to damages dono by animals and defining a lawful fence J approved february are hereby stricken ont with ho exception of the enacting clause an act establishing district and precinct pounds and prescribing regulations for con alio same and for disposing of animals approved february is hereby repealed nothing herein shall be construed to interfere with the rights of incorporated cities and cowna to regulate impounding of animals and disposing of the same |