The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-20
new ESTRAY LAW
The Protection it Affords to
Property Owners.
HOW STOCK MAY BE DISTRAINED
Full Text of the Law Passed by the Late
Legislature, Which is of Interest
to All Residents.

may at any general or special election
called for that purpose by the county court,
by vote of not less than two thirds of the
taxpayers voting at such elections, declare
In favor of fencing their farms and allow
ing their animals to run at large; in such
cases the provisions of this act authorizing
ages shall be imperative.
Sec. 2-All horses, mules and neat cattle,
regardless of age, except sucking calves
and colts, found running at large, on which
there is no brand, and all such animals
branded, the owner of which, after reason
able search, cannot be found, and which
have been running at large on any range in
the territory for one year or more, and any
hogs running at large ON the premises of
any person not the owner are hereby de-
clared to be estrays.
Sec. SIT is hereby made the duty of the
constable of any precinct to take up any
estrays In said precinct and after advertis-
ing them giving general description for
ten days, he shall sell the same at public
auction to the highest bidder for cash, and
after deducting costs and expenses of keep
ing and safe, shall deposit the balance of
the proceeds of sale with the Justice of
peace, to be by HIM disposed of as in case
of the sale of animals for damages, as
hereinafter provided.
Sec. 4-H any neat cattle, horses, mules,
sheep, goats or hogs shall trespass or do
damage upon the premises of any person,
except in cases where said premises are
not enclosed by lawful fence as required
by law, the party aggrieved may recover
damages by an action at law against the
owner OF the trespassing animals, or by
proceeding as provided in this act.
Sec. 5-The owner or occupant of any
improved real property may distrain all
animals doing damage on such property
and keep them in some secure place and
properly care for the same and shall
notify the owner, if known, and If he re-
sides within distance of five miles from
the place where the animals are distrained,
and II all damages are not paid within
forty eight hours after taking the animals,
he shall file verified complaint in writing
In the Justices court of the precinct in
which the trespass was committed, sub.
stantially in the following form:
In the Justices court Oh precinct
- county, Utah territory.
Name OF person damaged) PLAINTIFFS name
OF the owner of the animals, if known; if moi
known, John Doe) defendant.
The said plaintiff being first duly sworn or
his oath, says that certain animals to wit Chere
which shall be in the precinct) on the 49,
day OF --, A. d. 49, at precinct
county and territory aforesaid belong to there
state the name of the owner of the animals il
known, if not known, John Doe, whose name is
otherWlse unknown, defendant did unlaWfully
IespaSs OH the property of said plaintiff BY
mere state the acts causing the damagel. to his
damage IN the sum OF -- dollars. That nc
part OF said damage has been paid.
-------, plaintiff.
Subscribed and sworn to before me this -
oay OF ---, A. d. 1S9-.
Upon filing said complaint, said Justice
snail post up in some conspicuous and &C
| cessible place in front of his office and neal
thereto written statement containing a
description of said animals, the name of the
person damaged, the place where said ami
mails were detained and the amount of the
damages claimed by the party aggrieved
Sec. 6-f the damages, including ex-
penses of care and keeping of said animals
and cost OF Justices court, are not paid
within forty-eight hours after the filing OF
said complaint, the justice shall issue a
summons addressed to the defendant by
name, ii known, if not known to John Doe,
requiring him to appear on a specific day
(namlng it, not less than five or more than
ten days from the issuance of the sum-
mons, which said summons shall contain a
description Of the animals, and in other re-
spects shall be substantially as provided by
law in such cases. If the defendant is
known the summons shall be served and
return thereof made in the manner pro
vided by law in Justices courts in civil
cases. Ii the defendant be unknown, ser
vice shall be made by publishing copy of
the summons in some newspaper published
IN the county, if there be one published, if
not, by posting a copy thereof in some con-
splcuous and accessible place in frolt of
the Justices Office and near thereto for a
period OF at least five days prior to the day
set for appearance. When service is made
by publication or posting, as provided in
this section, proof thereof shall be made
by affidavit, which affidavit shall be at
tached to the original summons.
Sec. From the time of the service of
the summons and proof thereof as provided
IN the preceding section, the proceedings
snail be conducted in the same manner as
provided by law, for the conduct of civil
cases IN Justices courts, and the damages
and expenses in caring for and keeping
said animals and costs of court shall CON
stltute lein upon said animals from the
Tune they are taken up until Judgment for
SAID damages, expenses and costs are fully
satisfied. And said animals, or so many
thereof as may be necessary, may be sold
upon execution for the satisfaction of iudg-
ment, and no such animal shall be exempt
allowed IN said Justices court under the
provisions of this act shall be one half of
those allowed in other civil cases in said
courts.
Sec. S-If the defendant is of the opinion
That the damages claimed are excessive. he
may at any time after taking up the animal
and before trial tender the plaintiff the
amount he deems reasonable, and if the
plaintiff does not recover greater sum
hon fhsnt 10, 4 r
OF the tender shall be assessed against the
plaintiff.
Sec. 9-After six months from the date
OF said sale, the net proceeds thereof shall
be PAID into the county treasury of the
county In which the sale was made. after
which said sum shall be the same as other
county funds. If, however the owner of
said animals shall within six months from
the date OF sale prove to the satisfaction of
the justice who heard the case that he was
the owner, said justice shall pay such net
proceeds to such owner and report quar-
terly to the county court of all such cases.
which report shall show the cases tried.
number of animals sold, the amount sold
for and disposition of the proceeds.
Sec. l0-Each poundkeeper in this terri
tory shall deliver to the justice of peace of
the precinct in which he resides all brand
books or sheets in his possession.
sec. ll-Any person who shall take any
animals out of the custody of the person
holding them for damages, as provided in
this act, or who shall intercept or hinder
any person in taking up or attempting to
take up such animals for doing damage. is
guilty of misdemeanor
Sec 12-The provisions of this act shall
IN no way interfere with existing legal
rights of Incorporated cities and towns in
relation to animals running at large.
Sec. 13-Sections 22l5 to 1892 inclusive
of the compiled laws of Utah of 1888. and
all laws providing for precinct poundkeep
ers and prescribing their duties, are hereby
repealed.
Sec. 14-This act shall take effect upon
ifs annrovol