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Sale, for damages, of unclaimed animals.

Bill of sale.

estray or tres

sold.

qualifications herein provided, who, with the first, shall make a new appraisal, and if they cannot agree, they two shall choose a third and they shall proceed to make another appraisal, which shall be final.

Sec. 16. If such animals are not claimed and taken away by the owner, the poundkeeper shall, at the time and place set forth in the notice of sale, proceed to sell such animals, one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the poundkeeper shall sell only enough of said animals to pay the damages and costs, and the remainder may be turned over to the owner at any time thereafter, but if the owner be not known the poundkeeper shall proceed to sell all of said animals so advertised for sale. He shall execute and deliver a bill of sale therefor, and file a copy with the county clerk as provided in section 5 of this act. Said copies shall be preserved for a period of two years and shall be open for inspection at all reasonable hours free of charge.

Sec. 17. The owner of any trespassing animals Redemption of sold under the provisions of this act, may at any time passing animals within ninety days of the date of such sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with ten per cent additional, and a reasonable compensation for the care and keeping of the same. If such purchaser or assignee refuse to give up such animals on the owner proving his title to the same and on his tendering the amounts due as herein provided, such owner may maintain an action at law to recover the same; Provided, That the purchaser or any assignee who has disposed of such animals, shall not be liable to such owner in any amount. If no redemption of such animals be made within ninety days after the date of such sale, then estray becomes such sale shall be absolute and vest the title to such

When title to

absolute.

animals in the purchaser or his assignee. Any person selling or disposing of any such animal within ninety days of its sale under the provisions of this act, shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time, and if he fails to do so he shall be liable for any loss that may accrue to such purchaser by reason

of such animal being redeemed for a less amount than he paid for the same.

months, surplus

of estrays, etc.,

State.

Sec. 18. If any estrays or trespassing animals After six sold under the provisions of this act, shall within a money for sale period of six months immediately ensuing after the is forfelt to the date of the sale hereof, be claimed, identified, and proven as the property of any person, it shall be the duty of the poundkeeper at the expiration of such time to forthwith pay the money received for such animals to the owner thereof less the amount of damages and the expense of taking, keeping and selling the same, but in the event such animals are not claimed as aforesaid, then such money shall become the property of the State, and the poundkeeper shall immediately pay the same into the county treasury to the credit of the State:

ownership of

Provided, That in case there is a contest between Contest as to two or more persons claiming to be the owners of any estrays. such animals, the poundkeeper shall, at the end of six months, proceed to hear the evidence of all such parties and shall decide to whom the property belongs and pay the money to such party. Any person deeming himself aggrieved by any such decision may bring an action in the proper court against the party receiving the money, for the recovery of the same.

record of tres

Sec. 19. The poundkeeper shall keep an accurate Pound keeper's record of all trespassing animals received by him, passing aniwhich shall contain all the items required by section mais. six of this act together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. Such record shall be open for inspection at all reasonable hours.

brand.

Sec. 20. There shall be a State estray brand to State estray consist of the letters S. U. which letters shall be three inches in length. The board of county commissioners shall immediately furnish the poundkeeper of each precinct with the proper branding iron, and the poundkeeper shall place such estray brand upon the left side of the neck of all animals sold by him except hogs, sheep, and goats.

keeper

Sec. 21. The poundkeeper shall be entitled to the Fees of poundfollowing fees: For taking into his possession any animal, whether one or more, fifty cents; for driving the same, each mile, ten cents; for traveling in delivering copy of certificate of appraisement, ten cents a mile,

one way, for the first ten miles, and five cents for each mile thereafter; for advertising, including posting and mailing notices, one dollar; for each bill of sale, and filing copy, fifty cents.

Provided, That all animals sold to one person shall be included in one bill of sale; for branding, twentyfive cents for the first, and ten cents for each additional animal; for selling, five per cent. of the amount of the sale; for keeping, a reasonable sum to be determined by the market price of forage and pasturage at the time and place where the animals were kept. ApCompensation praisers shall be allowed twenty cents an hour for the appraisers. time employed, and ten cents a mile, one way for going to place of trespass.

and mileage of

Damages for unlawful impounding.

of trespassing animal.

Sec. 22. The owner of any animals unlawfully impounded or sold may maintain an action to recover the same and damages for the detention thereof.

Sec. 23. Any person who shall take any animal Unlawful taking out of the possession of any one lawfully holding the same under the provisions of this act, either by stealth, force or fraud, or who shall intercept or hinder any person lawfully taking up or attempting to take up such animals, is guilty of a misdemeanor.

and towns as to

Sec. 24. The provisions of this act shall in no way Rights of cities interfere with existing legal rights of incorporated estrays secured, cities and towns in relation to animals running at large. Sec. 25. Chapter LXX of the Session Laws of 1892, and Chapter LX of the Session Laws of 1894, of the Territory of Utah are hereby repealed.

Sec. 26. This act shall take effect from and after

the first day of June, 1896.

Approved April 16, 1896.

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