into his possession all estrays found thereat, and dispose of the same in the manner provided for the disposal of estrays in other cases. estray by post ing notices. Sec. 4. As soon as any estrays come into the Advertising possession of the poundkeeper he shall immediately advertise the same by posting notices for a period of ten days in three of the most public places in the precinct, one of which said places shall be at or near the postoffice, if there be one in the precinct. He shall also immediately deliver a copy of such notice to the county clerk, or mail the same by registered letter, postage prepaid. The county clerk shall, upon receipt of said notice, file and preserve the same in his office for a period of six months thereafter, and shall immediately post a copy thereof at the front door of the county court house. The notice so filed with the clerk shall be open during reasonable hours for inspection by the public free of charge. The notice herein provided for shall contain a description of the animals, including all marks and brands, when taken, and the day, hour and place of sale, and may be substantially in the following form: State of Utah, SS. ESTRAY NOTICE. In the county. precinct of said Estray notice. I have in my possession the following described estray animals, which if not claimed and taken away, will be sold at public auction to the highest cash bidder precinct on the day Said estrays were taken up by me in said precinct on the day of 189-. mals, costs for. Sec. 5. If, at any time before the sale of any es- Claimed anitrays, such animals shall be claimed, identified and proven as the property of any person, the poundkeeper shall deliver them to the owner, upon receiving from him the cost of impounding, keeping and advertising the same. If the animals are not so claimed and taken Sale of unaway, he shall, at the time and place mentioned in the mals. notice, proceed to sell the same, one at a time, to the claimed ani Bill of sale. highest cash bidder, and shall execute and deliver a bill of sale, transferring said animals to the purenaser or purchasers thereof, which shall be substantially in the following form, filling in the spaces as may be necessary: I here certify that in pursuance of an act entitled "An act regulating the disposal of estrays and trespassing animals," I have this day sold to — for he being the highest bidder, head of- ——, branded with the State estray brand and otherwise described as follows, to-wit: the sum of $ of estray animals. Witness my hand this Poundkeeper of day of—189 —precinct, -county, State of Utah. The poundkeeper shall immediately file a copy of such bill of sale with the county clerk, or mail the same by registered letter, postage prepaid. The copy so filed with the clerk shall be preserved for a period of two years and shall be open to inspection during all reasonable hours free of charge. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus transferred. Sec. 6. The poundkeeper shall keep an accurate Pound record record of all estrays received by him, their age, color, sex, marks and brands, the time and place of taking, and expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom so sold, and the amount paid, all moneys paid to owners after sale, all moneys paid into the county treasury, and all other matters necessary to a compliance with the provisions of this act. Such record shall be open to the inspection of the public at all reasonable hours. tion. TRESPASSING ANIMALS. Sec. 7. Any county or precinct thereof in the Fence law elec- State may, at any general or special election called for that purpose by the board of county commissioners, by a two-thirds vote of all the legal voters of such county or precinct, declare in favor of fencing their farms and allowing their animals to run at large; and in such cases the provisions of this act authorizing the detention and sale of animals for damages shall be inoperative. Sec. 8. It shall be the duty of the board of county Lawful fence. commissioners, immediately after the passage of this act, to declare by ordinance what shall constitute a lawful fence for that county, and the fence viewers for that county shall be governed thereby. damages there Sec. 9. If any neat cattle, horses, asses, mules, Trespass, and sheep, goats or swine shall trespass or do damage upon for. the premises of any other person, except in cases where said places are not enclosed by a lawful fence, in counties where a fence is required by law, the party aggrieved, whether he be the owner or occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals, or by distraining and impounding said animals in the manner provided herein; Provided, That in cases where an action is brought for the recovery of such damages none of the animals trespassing shall be exempt from execution; and, Provided, further, That the fees in such cases shall be but one-half the fees in other civil cases. It erty may dis ing animals. Appraisement Sec. 10. The owner or occupant of any property owner of propmay distrain all of said animals trespassing or doing strain trespassdamage thereon. He shall, within twenty-four hours thereafter, deliver said animals to the poundkeeper of the precinct, together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested male of damage. citizen, a freeholder over twenty-one years of age. must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known it must state that fact, together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners, and a separate certificate of appraisement shall be made out for each such appraisement. In such cases the owners shall be notified separately and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. to owner Sec. 11. The person distraining the animals must, Notice tals. if the owner of he same be known to him, and if he Costs. liver animal to poundkeeper works forfelt claimed. resides within ten miles of the place of the trespass, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement; but, if the owner does not live within ten miles of the place of trespass, the party distraining the animals may, at his option, deliver a copy of such certificate to the owner in person, or deposit the same in the nearest postoffice in a registered letter addressed to said owner. He shall be entitled to charge ten cents a mile one way for the first ten miles necessarily traveled in delivering such certificates, and five cents for each additional mile, to be taxed as costs against the animals. Sec. 12. If the party distraining any animals shall Fallure to de- fail to deliver them or the certificate of appraisement to the poundkeeper within forty-eight hours, or shall fail ure of damage to deliver to the owner of the animals, if known, a copy of the certificate of appraisement within twenty-four hours after he receives the same or to deposit the same in the postoffice as herein provided, he shall not be entitled to recover damage under the provisions of this section. search for owner. Sec. 13. Whenever any animals are delivered to Poundkeeper's the poundkeeper, and the certificate of appraisement filed with him as herein provided, and such certificate states that the owner is unknown, the poundkeeper shall immediately examine all brand books or brand sheets in his possession, and if the owner be ascertained thereby, or if the owner be already known to the poundkeeper, he shall, if the owner live within ten miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found; if the owner do not live within ten miles, the poundkeeper may at his option deliver such copy personally to the owner, or deposit the same in the nearest postoffice in a registered letter addressed to such owner, with the postage prepaid thereon. He shall, however serve the copy in one of the ways provided herein; Provided, That whenever personal service of a copy of any paper is required by this act, service by agent will be deemed sufficient. Sec. 14. As soon as any such animals are deAdvertisement livered to the poundkeeper, he shall immediately proposting notice. ceed to advertise the same as hereinafter provided, except when the owner is known and has been notified, of damages by in which case he shall hold said animals forty-eight by posting notices in three of the most public places in SALE OF ANIMALS FOR DAMAGES. State of Utah, County of, S of animals for I have in my possession the following described Notice of ale animals, which if not claimed and taken away will be damages. sold at public auction to the highest cash bidder at -in- precinct on 189, at the hour of ment of $ -the day of Said animals are held by me to secure the pay the premises of 189 damages done by said animals upon passing animal. Sec. 15. The owner of any trespassing animals Claim for trestaken up under the provisions of this act may at any time before the sale thereof, claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement, and the accrued costs; and if such animals are included in a lot or group of animals belonging to other parties, against which the damages and costs are assessed as a whole, he shall pay his proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he owns when compared with the number of the entire lot or group. If he deems the appraisal too Adjusting aphigh, he may choose another appraiser having the rent of damages. |