Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-03
PROCEDURE UNDER THE ES.
TRAY LAW.

WE are in receipt of the follow
ing communication, dated Payson,
april ., and signed Anxious
''There are some few points in section
5 Of the Eslray Law passed by the late
legislature, which are somewhat in
adequate, as the law stands, for the
object in view. refer to the part de-
filming the procedure to be followed by
the owners Of improved real property
upon which stray animals may be
found.
'.In some Of the country settlements
fields are enclosed jointly by their
owners, so that animals may some
times be found by the property owner
on the land joining his own but owned
by another man. The question natur-
ally arises as to whether the person
finding such animal has the power
70 oblige his neighbor by driving them
to an enclosure and keeping them
there until the law can take its course.
In some Of these fields it has formerly
been customary for field committee
to be appointed, having power TO act
in behalf Of the owners Of the land in
driving stray animals out OF the field
and OBTAINING them until the owner
can be found. Can this be done under
the new law?
again, when this is done can the
committee thus appointed make the
complaint required by the law to be
filed with the justice Of the peace, in
behalf Of the person or persons upon
whose land the animals have been
found? Some contend, that il even
committee Of the kind can be appoint
ed it would be necessary for the land
owners to appear before a notary pub
lie and give the members Of this COM
mittee a power Of attorney to act by
the authority Of the Joint owners.
Would this be necessary
'In most cases the farmer has room
in his stable and corrsls for his own
animals alone, and if he should find a
drove Of some fifteen or twenty ami
mails on his land las is often the case,
it would be an utter impossibilify for
them to take care Of them one hour,
TO say nothing of forty-eight.
In this case would it be permissible
for him to hire another person to take
care Of the animals for the time speci-
fed? 1t is sometimes found conven-
lent for all the owners Of joint en-
closure to club together in building a
corral, where all the animals found
doing damage may be kept and
properly cared for until the process
required by law has been taken
Ii.-ough. Would this be allowable
under the new law7
''The trouble and expense involved
in driving stray animals out Of the
fields, hunting the owners, etc, may
come quite heavily upon the property
owner. Section provides for the col
lection Of damages. expenses Of keep
ing and caring for animals, costs Of
court, etc. but would the time, trouble
and expense incurred IN driving the
animals, seeking the owners. etc, be
included in this7
at is not so much the money in
volved in these transactions about
which the tanners are exercised, but
they desire the law so interpreted and |
enforced as to guard as fully as pos
sible against the inpositions 50 freely |
practiced upon them by the owners Of |
animals, many Of which are allowed |
to run about without let or hindrance.
These are vital points, and If the
law cannot be interpreted so as to
cover them, it is practically Of no
value to the farming class.
Il should like you to explain the
points involved at as early a date as
possible, as the farmers are perfectly
helpless under the depredations of
stock, not knowing what method Of
procedure to follow"
One man has no right to distrain
animals which he may see doing
damage upon land belonging to
unless authorized by the
damaged person to do so. In the
latter case the former acts as the
agent Of the injured person, which
he may lawfully do. Owners of
lands embraced in one general en-
closure may authorize one of their
or any other person, to dis
train trespassing animals found with
in that enclosure. Such action would
have to be taken in behalf of,
Dr. in the name of, the particular
owner upon whose land damage was
known to be done; or if the same
did damage upon the lands
If more than one owner, at substan-
tally the same time, the proceed
ngs might be had in the name and
,ehalf of all the owners damaged,