Bent County register., 1888-03-24
Ordinances No. 40,

for the benefit OF those most inter
ssted.
Ordinances No. 80.
An ordinance to Prevent Animals From
BE il Ordained by she Board OF Trustees of
Sec. /. That ali horses, asses, mules, cat
tle, sheep, swine, goats and geese shall be
prohibited from running at large within tho
Corporate limits OF the town OF Lamar.
Any person being the owner or charged
with the care of auy Of the animals above
Enumerated. who shall suffer any such ami
mails TO run at large in violation OF this sec
tion, shall be fined in = sum not less than ave
dollars nor more than twenty -nNe dollars,
Sec.s ,. Whenever any of the animtls spec.
iiied in the preceding section may tie lonnd
OF Lamar it shall he the duty OF the marshal
TO take up and inpound and properly take
care of such animais.
See 5. The marsha, upon the taking p and
impounding OF amy sGcl aniniIls, shaii forth
one at the entrance OF the pound, one ut the
post offioe and one Il the office OF the police
inapistrate or Justice of the peace having jur
isdiction OF such cases OF such taking mp aud
inipounding, containing rs near as may be,
description OF the animals impOunded, and
the name of the owner, ii known to him, that
unless said animals shall be claimed and
costs OF inpounding and feeding OF said AMI
mails be paid TO said marshal by an hour
named in said notice, " hich shall he not less
than forty eight hours after the iInppuuding,
then he will report said impoandin., 10 tine
police magistrate or justice OF the peace hay
Ing Jurisdiction, for adjudication. in case the
animal Is branded and the owner Il
known, the marshal shall note carefully all
brands and ear marks found thereon and the
sex and color OF such animal, and send at
once to the secretary OF state a fua descrip-
tion OF such animal and the date of snch tax
ing up and impounding, and IA reasonable
time for II notice to be given tine owner OF
such brand or brands, not exceeding three
weeks, shall elapse before suid animal shah
be sold as provided in section i've of this or
Sec 1 II the owner of the animals i'm
pounded shall claim them OF the marshal
pay all costs then accrued, because OF the
impoundinS. then the marshal SHAH release
said animals
Sec 5. II the animals shall not be claimed
and costs paid as provided in the preceding
section, the marshal shall forthwith nle with
the police magistrate copy OF the notice
posted, with his complaint under oath, TO the
were found running at large within the coz
porate limits of the town OF Lamar, giving
the date thereof; that he had caused said AN
tmals to be inpounded and had duly posted
them required by law that no owner had
appeared, claimed and paid the costs of the
inpounding. giving the name OF the owner II
known to him, II not known TO him. then so
stating; swheieupon the police magistrate
shall docket tns. case and Issue his Warrant
for the arrest of the defendant, the person
named as owner of the animals impOunded,
and upon the return OF the warrant, exc
cuted, or II the defend shall not be found,
or the defendant hay ing appeared. shall deny
any or all of the rnitteriai facts stated Ia the
complaint. the magistrate shall inquire as in
other causes, as TO the matters alleged I'M the
complaint, and If lle shall find such muttns-
10 be true, Ne suHli d->tes lt-iilnht lne Gtltnt
ant such Il line shall to him seem proper
within the penalty prescribed In section one
of this ordinance. and tax aga nst the de-
fendant as costs the mar>hais fees for tax
ing up, inpounding, posting notices, service
of warrant, and subpoeuas, attendance upon
court, and feeding of the animals, witness
fees and magistrates - fees, as in other cases,
and shall enter Judgment against the defend
ant therefor and hat the animals iinpound-
ed be sold to satisfy the Judgment aud costs
Sec. 6. If the defendant shall then forthwith
pay such fine Judgement and costs the mar
hal. .huil forthwith said
on the defendants being in readiness TO take
charge of them; but If the defendant shall
fail and refuse to pay said fine, Judgement
and costs, and to tek- charge OF said ANIMALS
then it shall be the duty OF the marshal TO
in manner as provided by law for the sale of
goods and chattels ON execution, and shall
apply the proceeds, FIRST to the payment OF
the fine and judgement and accrued costs
and shall pay over any surplus to the treas
not realized from such sale to paw such judy
inept. line and costs, then the magistrate
shall issud his writ OF execution for the resi-.
due to be satisfied US provided BY law for the
enforcement Mt of iiid geineI;ts tor fines and pen
,lties for the violation of city or town orli-
Sect. II the owner of any animal i'm
pounded shall be unknown to the rnarslial,
the proceedings before the magistrate or iIisi
tice shall be against the unknown owner
kgiving the number and kind OF animals i'm
pounded), and upon the fnarshnFs niinE his
copy of notice and complaint, provided in
sectipn five of this ordinance, and it appear
Ing that the name of the owneris unknown,
stance as follows:
WHEREAS. The marshal OF this town has
complained to me that he has taken up and
impounded (giying kind and description OF
animals), found rum ny at large within this
town, and that the owner OF said animals is
unknown to him.
NOW. THERETO. E, Notice is hereby Civ
that trial will he had upon said com
plaint at my office IN the town OF Lamar, on
the day Of of.-....--...--.....ls.- IS at the
hour of o'clock ,,...., when and where
the unknown owner may appear and defend
II he sees nit to do
Given under my hand and seal this.
..................... SEAL
The day named in said notice Tor trisisbsu
not be less than five, nor more than eight
days from the time Of issuing said noiicc
and the marshal shall forthwith post three
copies of said notice. one at the pound. one
at the postofficc, and one at the ONCE of the
police magistrate, and make return Of said
indorsed thereon.
Secs. Upon the arrival of the hour of trial
mentioned in said notice, the magistrate
shall proceed as in case of personal service
and appearance, and If the owner snail APP
pear at the the hour OF trial, such proceeding,
six of this ordinance; but II no owner shall
appear to answer or defend at such trial,
then the magistrate shall receive evidence OF
the facts alleged ia the complaint, and IL
he shall be satisfied of the truth thereof he
shall render Judgement against said un-
known owner and order that the animals be
seld, and the proceeds thereof applied to sat
isfy the Judgement aud costs and keeping OF
said animals. such sale shall be made In tile
manner as provided In section six OF this or
dinRnce and amy surplus remaining from
such sale shall be paid to the city treasurer
Sec. Q. If upon any trial herein provided
for, the magistrate or justice shall be of the
opinion that any of the material allegations
of the complaint are not sustained, he shall
order the animals impoundcd TO be returned
to the owner, and shall tax tile costs of the
proceedings against the town.
Sec. 10. The owner of any animals i'm
pounded may have them released to him at
any time before the sale herein provided for
by paying to the marshal or magistrate all
costs jud dgments ana liens chargeubIe against
them ut the time OF release.
Sec. II. When any surplusmoney shall he paid
into the town treasury, under the provisions
0f this ordinance, the owner of the animals
from which such surplus arose, shall be en-
titled to "a warrant from the board of trre-
tees upon the treasurer therefor; PROVIDED
such owner shall make application THEREFOR
and satisfactory proof Of wnerShip, within