The weekly union record., 1864-04-02

Interests in certain Counties in this State,
and the more effectual Prevention of the
Trespsssiug of Animals upon Private Pro
perry.
[Approved March Is. lSi4-l
The People Of the STATE Of California, repre-
sented IN Senate and assembly, do eaad as
.foliors;
SEcrIoS l. Any owner or occupant OF any
lsud or possessory claim hpding any horse,
mare, mule. jack. jenny, or horned cattle, or
any number of such animals. upon such land
or possessory claim doing damage. whether
the same be inclosed by lawful fence or not
may take up and safely keep such animals al
the expense of the owner for ten DAYS.
SEC ? When the owner or owners of such
above described animals are known, they shall
be forthwith notified if residing in or near the
township. of the detention. and The reason
thereof; otherwise, written notices containing q
description Of the animals, including their
marks and brands, and stating the cause OF
detention, shall Immediately be posted con-
spicuously in at least two of the mos, public
places in the township. At the expiration OF
ten days, if the animals have not been applied
Tor. or sooner if they have been. applied for.
and the parties cannot agree upon the amount
of damages and compensation. the taker up.
when the damages and compensation claimed
shall be less than three hundred dollars, shall
make complaint to Justice of the Peace OF
the township, setting forth the fecis, and sta
ting the amount be claims against said ami
mails
SEC. 3. When the owner is known. and i.
within the jurisdiction of the Court, the suit
shall be against the owner; 10 all other cases
the suit shall be against the property IN rem.
When against the owner. the summons shall
be served and returned as in other actions !;
when against the property, it shall be returna,
ble not less than ten days after TIE posting as
hereinafter provided. The service of the sum
mons shall be made by the officer by posting a
copy Of the summons coDspicuously on the
outside Of the outer door OF the Court room of
the Justice issuing the same, not less than ten
days before the return day thereof and the re-
turn of the officer certifying such posting shall
be evidence of sufficient service thereof If
judgment be in favor of the plaintiff, the pro-
perty may be levied upon and sold, as other
personal property seized on execution, the con
stable giving bill of sale TO the purchasers
describing the animal or animals sold, the price
paid therefor. and stating that it or they we're
seized and sold by authority of this Act. Any
overplus OF the proceeds of such sale, after sat
isfying the Judgment, costs and accruiDg costs
shall be paid by the Justice TO the owner of
the property, if demanded within three months
from the date of sale; if not demanded within
that time, it shall be paid into The Treasury of
the county for school purposes.
SEC. 4 1t shall be the duty of any constable
except city constables, at the request of per-
son or persons damaged, 10 seize and take pos
session Of any animal named in the first section
of this Act, and for all services performed in
taking possession Of and keeping such animal
or animals, be shall be entitled to the same
fees and charges as are allowed therefor by
this Act When any animal seized under this
Act, shall be brought TO or placed in the Gus
tody of the Constable for the township where
in the seizure was made, it shall be his duty 10
receive and keep it until disposed of as herein
provided: and in such case he shall be entitled
to the fees for seizing, and also to the compen.
sation for taking care of and keeping said ami
NAL that the person damaged would be entitled
to The provisions Of section four of this Act
shall not apply TO SolaDo county.
SEC. ). When any animal is seized under
this Act is believed to be worth forty dollars
or more, the Justice shall, in addition 10 the
Dotice Of sale hereinbefore provided for, pub
lish, at least ten days before the sale, in
newspaper of the county, if one is published
therein. notice of the proposed sale. with
description Of the animal, the cost Of which
shall be allowed in addition 10 the fees and
charges hereinbefore allowed, and if the notice
be so made. this sum shall be paid whether
the animal be redeemed or sold
SEC. G. Any owner Of any animal which
shall have been seized under the provisions of
this Act may, at any time previous 10 the sale
demand and shall be entitled to the possession
of such animal, upon making satisfactory proof
of ownership and paying the fees cha rges,
and damages: and after the SALE if the animal
be considered of value equal to forty dollars
or more, may at any time within three months
redeem said animal, by producing satisfactory
proof of his right thereto, and paying the
purchaser the amount OF purchase money
together with the necessary expenses incurred
by said purchaser in keeping said animals.
SEC. :. The Justice shall keep book which
shall be open to public inspection, and make a
record therein of all sales made by his order
under this Act, a description OF the animals
sold, the price paid, the name Of the purchaser,
amount OF fees and charges and the amount OF
the surplus money,if any, arising from each
SALE and if such surplus money shall be recei
we'd by any owner of any animal, he shall re-
ceipt for ii upon the margin opposite such
record. The Justice shall without fee, give
this book over TO his successor in his Office
and also any surplus money 10 bis hands arising
from any sale made by authority of this Act
and the receipt of bis successor shall be legal
discharge Ofthe retiring Justice for all such
sums so paid.
SEC. s. This Act shall apply only to the
counties OF Sacramento, Solano, Marin, Butte,
and Y oIo; provided, this Act shall not apply
TO that portion of Sacramento county lying
north OF the American River and east Of the
Marysville Road; and further provided, that
the portion OF Sacramento county lying south
of the Costumes River shall be excepted from
the provisions of this Act.
YANKEE NosHUxs.-The noshun that skule
houses are cheaper than stats prizins.
The noShun that men are better crop TO
raise than anything else.