Bent County register., 1888-03-17
Ordinance No. as.

the Town OF Lamar.
Sec. /. That nli horses, as.e>, mules, cat
tie. sheep. swine,' goats and geese shall be
prohibited from running at large within the
corporate limits OF the town OF Lamar
Any person being the owner or charged
with the Care OF ANY of the snimals above
enumerated, who shall suffer any such AMI
mails to run ut large IN violation oI this sec-
tion, shall be lined In n sum not less than hNe
dollars nor more than twenty nNs dollars.
sec = Whenever any OF the animals spec
lied in the preceding section i;iHy ne found
running at large within the corporate limits
OF Lamar 1t shall he the duty of the marshal
to take up and imponnd and properly take
care OF such aniniais.
inipoundins Of any such animals, snail forth
with give notice thereof by posting notices.
ono at the entrance OF the pound. one ut tue
post office and one at the office OF tue police
mag l>trate or Justice of the peace having lur-
isdiction Of such cases, Q! such taking up and
impounding. containing as near as may be,
II description ot tue animals iinpounued, anu
the name OF the owner, IL known TO him, that
unless said animals shall be claimed ana
costs OF impoun1ing and fecdin. OF said ami
mails be paid to said marshal by an hour
named In said notice. " hich shall be not less
than forty eight hours after the iulpounding.
then he will report said impouhuing to the
police magistrate or Justice OF the peace hav-
Ing Jurisdiction, for adjudication. IN case the
animal Is branded and the owner Il un-
known. the mnr.hal shall note carefully all
brands and ear marks found thereon and the
sex and color of such animal, and send ut
once to the secretary OF state y fun d,>crip-
tiou OF such animal. and the date OF sach tax
ing up and impounding, and reasonable
time Tor notice to be given the owner OF
weeks. shall elapsr before said animal shah
be sold As provided in section nve OF this or
dfnance.
sec 4 II the owner of the animals inn
pounded shall claim them of the marshal
within the time included In said notice, and
pay all costs then accrued. because oi the
impouHdiug, then the marshal shall release
SAID animals
SEQ s. II the animals shall not be claimed
and costs paid as provided in the preceding
section. the marshal shall forthwith die with
the police magistrate a copy OF tho notice
posted, with his complaint under oath, to the
effect rhat the animals therein described
were found running Mt large within the cor
pornte limits of the town of Lamar. giving
the dste thereof. that he had caused said an
iuals to be irnpounded and had duly posted
them required by law that no owner had
appeared, claimed and paid the costs of the
impoundiug. giving the name OF the owner II
known hiIn. II not known to him. then
stating; whereupsn the police tnagi-tIn ate
shall docket the cast, and i-sue his warrant
for the arrest of the defendant, the person
named ; owner of the animals inipound-d,
and upon the return OF the warrant, exc
cuted. or II the defendant shall not be found.
the defendant having appeared. shall deny
amy or all OF the material iuct- stated In the
complaint. the magistrate shall inquire as in
other eanscs, ss to the matters alleged ia the
complaint, and II he shall lind such matters
to be true, he shall assess against the defend
ant such line shall to him seem proper
within the penalty prescribed In section one
of this ordinance. and tax against the de-
PENDANT a. cost. the l:larshui's fees for tax
ing up, inpounding. posting notices. service
of warrant, and subpoenas, attendance upon
court, and feeding OF the animals, witness
4
and shall enter Judgment against the defend
ant therefor. and hat TIE animals impound-
ed be sold to satisfy the Judgment and costs.
See. 6. If the defendant shall then forthwith
| pay such fins. Judgement, and costs, the mar
shnl shall forthwith release said animals up
on the defendants being In readiness to take
charge OF them. but II the defendant shall
fail and refuse to pay said line. Judgement
| and costs, and to take charge OF said aAiuials
then It shall be the duty of the marshal to
advertise and sell said animals at public sale
| in manner provided by law for the sale OF
! goods and chattels on execution, and shall
| apply the procesds, rirst to the payment of
| the fine and Judgement and accrued costs
and shall pay over any surplus to the treas
urer of the to of Lamar, but If sufficient Is
| not realized from such sale to paw such iudg-
Uent, line and costs, then the magistrate
shall issud his writ OF execution for the resi-
| due to be satisfied provided by law for the
enforcement of judgements Is Tor fines and peu-
itlties for the violation of city or town ordi-
uances.
Sec1. II the owner of any animal i'm
| pounded shall be unknown tu the marshal
| the proceedings before the magistrate or jus
, ticc shall be against the unknown owner
| (giving the number and kind of animals i'm
| poundedl. and upon the narshars nlinG his
| copy Of notice and complaint, provided in
| secti-n rive OF this ordinance, and 1t appear
| ing that the name of the owner Is unknown
the magistrate shall Issue notice in sub
stance ns follows:
WHEREAS. The marshal of this town has
complained TO me that he has taken up and
impounded giving kind aud description of
aniruals), found rum ng at large within this
town. and that the owner OF said animals is
unk known to him.
en- that trial will be had upon -nid com.
plant at my Office IN the town OF Lamar. on
fhs hn.r 81 day s,oct n, 81, a. the
the unknown owner may appear und defend
II he sees fit TO do so.
Given under my hand and seal this ........
day OF t-....-.- t..
............................ SEAL
Police Judge Z"