Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-26
THE EsTRAY LAW.
An Act Providing for the Disposal Of
Estrays and Animals for Trespass
and Damage.

Section /. BE IL enacted 6y N,
GopernOr and Legislature AeSeDl6t,
Of The TerTitOTy Of Utah, That any
county or precinct thereof may a
any general or special e!erIioI
called for that purpose by the coun-
/ ty court, 10y vote of not less than
two-thirds Of the taxpayers voting
at such elections, declare in favor q
fencing their farms and allowing
their animals 10 run at large; il
such cases the provisions Of this aci
authorizing the det-ntions anu safe
VI animals 70: damages shall lie in
operative.
Sec. .. All horses, mules and neat
cattle, regardless of age, except
sucking calves and colts found run.
ming at large, on which there Is &c
brand, ana all such animals brand,
ed, the owner Of which, after re.a-
sOnable search cannot be found, anu
which have been running ut large
on any range in this Territory FOL
one year or more, and any hogs run,
ming at large on the premises Of any
person not The owner, are hereby
declared TO lie estTays.
Sec. 3. 1t is hereby made the
duty of the constable OF any pre-.
cinct 10 take up any estrays in said
precinct and after advertising them
tgiving therein n general descrip.
tion) for ten days, he shall sell the
same at public auction TO the high
est bidder for cash, and after deduct
ing costs and expenses of keeping
and sale shall deposit the balance OF
the proceeds Of sale with the Justice
Of the peace, 70 be by him disposed
Of rs in case of the sale OF animals
for damages, rs hereinafter pro-
vided.
Bee. 4. Ifany neat cattle, horses,
mules, sheep, goats or hogs shall tres
pass ordo damage upon the properties
Of any person except in cases where
said premises are not enclosed by a
lawful fence in districts or places
where fence is required by law.
the party aggrieved may recover
damages by AN action at law against
the owner OF the trespassing ami
mails or by proceeding as provided in
this act.
Sec. 8. The owner or occupant
of any real property may distrain
ali animals doing damage on such
property, and keep them in some
secure place and properly care for
the same and shall notify the own
er, ifknOwn. anu if he resides with
in a distance OF five miles from the
place where the animals are dis
trained, aud If all damages are not
paid within forty-eight hours after
taking said animals, he shall file a
verified complaint in writing in the
Justices court Of the precinct in
which the trespass was committed,
substantially in the following form:
In the Justices court o.
Precinct,- County, Utah Ter
ritory.
Name Of person dainagedl. plain
tif, IS. Name Of the owner Of the
animals If known, IL not known,
John Doe. defendant.
The said plaintiff being first duly
sworn on his oath says that certain
animals, to-wit there describe the
now at Estate the place,
which shall be In the precinct). on
tho day d, A. ID. ls9-
1t Precinct, county and Ter
ritory aforesaid, belonging TO there
state the name Of the owner OF the
animals II known, or If not known,
John Doe, whose name is otherwise
defendant, did unlay-
Iuny trespass on The property of said
plaintiff 10y there state the acts
causing the damage). to his damage
in the sum dollars. That no
part Of said damage has been maid.
Plaintiff.
Subscribed and sworn to beforeme
he - day Of -, 4. ID.
Is9-.
Sec. s. Upon filing said complaint |
Said Justice shall post up ia some
conspicuous and accessible place in
.rout Of his Office and near thereto
written statement CONTAINING q
description Of said animals, the
name OF the person damaged, the
'ince where said animals an. u.-
aimed, and the amount CT the dam
'ges claimed by the party ag-
,rieved.
sec Z. II the damages, including
Expense OF care aud keeping Of ssid
Inimals, and costs Of the. iustice,s
ourt are not paid within forty
lght nouns after the filing Of said
ompiaint, the justice shall issue a
luminous addressed to the defendant
y name, If known, il not known 70
Onn doe, requiring him to annear
n a specific day manning III moi
-ss than five nor more than fen
avs from the Issuance Of the snu1-
lons, which said summons shall
onIin description of the
ninlals and in other respects
nail be substantially rs provided by I
Nv ia civil cases. 1.-THE defendant
known the summons shall he
erved and return thereof made
4 me manned provided by law in
Istiees-eourts in civil cases. 1.-THE
be unknown, service shall
E made by publishing a copy Of the
lmnlons IN some newspaper rub
shed III the county, il there be one {
lblished, II not, by posting a COPY
lereoi IN some conspicuous and ac-
sssioie place in front Of the Justices ]
ice and near thereto for a perjoJ
at least five days prior to the time ,
1 for appearance. When service ]
made by publication or posting as
divided in this section, proof there {
shall he made by affidavit, which I
ndaVlt shall be attached TO the q
iginRl summons.
Sec S. From the time Of the SER 7
&c OF the summons and proof there Q
as provided In the preceding Sec
'n the proceedings shall be CON
icted IN the same manner AS l
divided by law for the conduct of I
wi cases in Justices court and the I
images and expenses in caring for ]
I'd Keeping said animals and cots J
court shall constitute a lien upon
III animals, from the time they
ere taken up until judgment for +
IL damages, expeDses and Gusts are =
lly satisfied. And said animals. p
so many thereof as may be neces- b
- Icy u 5o-N pon cAtCuNlDul Or ',
: satisfaction OF said Judgment. +
nd no such animal shall be EXEMPT a
IN execution. Erorided that the J
s allowed in said Justices court u
Ter the provision Of this act shall !.
one-half Of those allowed in other Il
u cases in said courts. II the de- st
Idant is Of the opinion that the q
IMAGES claimed are excessive he ID
y 1t any time after taking up the L
Imal and before trial tender the q
intif the amount he deems 10
sonable, and il the plaintiff does A
recover a greater sum than that j.
dered, the costs from the time Of II
tender shall be assessed against 9
E plaintiff. \
&C. 9. After six months from the X
e Of said sale, the net proceeds z
reof shall be paid into the county "
asury Of the county in which the sll
, was made, after which said u
A shall be the same as other Y
mtg funds. II, however, the Y
II