The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-03-21

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ready done, appoint poundkeeper fol
each precinct in the county, whose
term of Office shall be two years and
until hi: successor is duly appointed
and qualified; said poundkeeper shal,
qualify by filing bonds and taking and
subscribing an oath of Office; the
amount of bonds shall be determined
by the County Court, approved by the
Probate Judge and filed with the County
Clerk.
SEC. Each poundkeeper shall
receive and take good care of all ami
mails properly committed to his charge,
and use due diligence to find the owner,
or owners, thereof by record of marks
ana brands, and otherwise. and shall /:
receive and Ale all bills OF damages duly
presented, and enter the amount in a
proper book provided for the purpose
by the County Court.
SEC. 3.-If any neat cattle, horses,
mules, sheep, goats, or hogs. shall,
First-bry ak through a lawful fence
or do damage within the enclosure 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
lawful fence enclosing any city lot,
orchard, or stack-yard and do damage
therein; Third-do damage upon the
premises of any person, whether said
premises are protected by a fence or
not, the person aggrieved thereby may
recover damages either by an action
against the owner of the trespassing
animals, or by impounding them in
the precinct pound.
SEC. Amy county, or precinct
thereof may at a general or special
the County Court, by vote of
legal voters, voting at such
election, declare in favor of fencing
their farms, and allowing their animals
to run at large. In such cases subdiy-
ision of this act shall be imperative
during such period decided upon by
such vote, and damages may be recov-
cred whether said farms be protected BY
fence or not; Provided, the owners OF
the aforesaid animals shall be liable for
all damages said animals may do to any
crops growing inan ajoining county or
precinct that may have declared by
vote its exemption from the provisions
of section of this act.
SEC. 5.-The party aggrieved by ami
mails trespasslng, In order to be entitled
to recover damages by impoundinp
shall, within twenty-four hours after II
is known to him that the trespass is
{ committed, get some disinterested male
citizen, over q y ears ofage, to appraise
the damages and give a statement
thereof in writing, setting forth the
time and place of the damage.
the name of the person damaged, and
Il known, the name of the owner of the
with a description / of
said animals, which statement must
forthwith be sent to the said owner. or
# he cannot be found, or, if found. shall
refuse to pay all costs and DAMAGES.
then said statement, together with the
animals. at the expiration of forty-ejght
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 said ami
mails deems the appraisal too high, be
may choose another iappraiser. who with
the flrsts shall make a new appraisal:
or when they cannot agree they two
may choose third, and then proceed
and make another appraisal, which
shall be hnal. Said appraisers shall be
allowed reasonable compensation for
Their services, to be paid by the owner
of the tresspassing animals. :
SEC. 6.-Whenever animals are i'm
pounded the pound-keeper shall within
twenty-four hours thereafter, give due.
notice in writing to the owner, if he be
known, description of the animals and
statement Ofthestime and cause of
lmpoundlng, together with the amount
OF the damage and costs, and in case
the owner shall not be kI own he shall
forthwith advertise for sale by posting
up notices in three conspicuous places
within his precinct, and by advertising
in some newspaper having general cir.
culation in the county. Said notices
shall give description of the animals.
including all marks and brands. and
shall state the time and place of sale.
and that il not claimed and taken away
within ten days from the date thereof he
VIII sell thesame to the highest cash bid
der. If the owner of said animals within
two days from the date of said notice
sent him, fails TO pay the damage and
costs, the poDn1keel ers shall immed;-
a.ely advertise such animals as herein.
before provided in this section. II the
owner of such animals imponnded az
Aforesaid, shall not,-within said ten
days after advertising. pay the DAMAGE
as aforesaid, and ali costs accruine on
said animals, the poundkeeper Shall
sell the same as provided in this section
SIC. All horses. mules and
neat cattle, regardless OF see
except sucking calves, found RIM,
ming at large, and upon which there
is no brand, shall be deemed estravs
and All horses, mules, and neat cattle
branded, the owner of which. after
reasonable search, cannot be fonnd
and which have been running at LARGE
on any range within this Territory for
two years or more. or any hogs found
running at large, upon the premises of
snotner person not the owner.
hereby declared to be .estravs.
SEC S.-The pound keeper of zach
precinct within this Territory shah rSa
due diligence TO obtain and take inro b;s
possession all Festrays running within
MS precinct and at the end of ten
days thereafter, he shall. after bav;n nn
gwen due notice of the time and n scs
OF sale. and the number and kind of
animals to be sold, sen the sans ~ ,Sa
highest cash bidder, sinely' or in ,o NJ,
at his discretion. Wheneyer an
estrays are received by him arcsr. 90