The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-20
ESikAY LAW.
An Act Providing for the Disposal Of Eqtrays
and Animals Tor Trespass and Damage.

! All A'O Aiofiulug LOT ulte disposal or Estrays
and Animals for Trespass and Damage.
Be it enacted by the Governor and Legislative
Assembly OF the Territory Of Utah
section l. That any precinct of said ter
rltory may, at any general or special elec
ton, called for that purpose ny the county
court thereof by vote of the majority OF
all the taxpayers OF said precinct, declare
in favor of fencing their farms and allow.
| ing their animals to run at large: and in
such cases the provisions OF this act author
lzlng the detention and sale of animals for
! damages shall be inoperatiye
sec. :. 1t shall be the duty of the county
! court OF each county, at its June session in
the year Il. d. 1892, or as soon thereafter
as may be practicable, to declare what
shall constitute lawful fence for that
| county and the fence yiewers of said
county shall be governed thereby.
sec. 8, All horses, mules and neat cattle
over eighteen months of age found run
nlng at large, on which there is no brand.
and any hogs running at LARGE on the prem
lses OF any person not the owner arc
hereby declared 10 be estrays
Dec. /. 1t Is hereby made the duty Of the
constable OF any precinct OF any county in
Ihls territory TO take up any estrays III
| SAID precinct, and after advertising them
oy posting notices in three OF the most
PUBIC places IN said precinct giving q
! general description thereby for ten DAYS
snal sell the same at public auction, to the
| nighest bidder for cash; and after deduct
ing COSTS and expenses OF keeping and sale
suatl deposit tbs balance of the proceeds If
inc sale with the justice of the peace in
ana lof SAID precinct, 10 be by him disposed
OF as IN the case of balance of sale of ami
mas Tor damages as hereinafter provided;
provided that The constable shall have
power 10 sell estrays at genera, ground
ups or drives, and shall advertise his in
tentlon TO do so for a period Of fourteen
days previous to thereto, in some paper
having a general circulation in such
county, and he shall receive Us compeusa-
sales.
sec. .. If any neat cattle, hoses, mules
asses, sheep, goats or hogs shall trespass
or do damage upon the premises OF arv
person, except in cases where said places
are not enclosed with lawful fence in
counties where fence is required by law.
the party aegrieved may recover damages
ny an acton at law against the owner Of
the Urespasslng animals, and no animals
trespasslng shall be exempt from execu.
uon. PROVIDED, The fees in such cases
shall DC but one half the fees in civil cases
oec- D. Inc owner or occupant of any i'm
proved real property may distrain all ami
inaLs uolnS damage on such property and
keep tneIn In some secure place and prom
eE4y care Tor the same, or immediately turn
tnen over to the precinct poundkeepor.
VINO shall examine all marks and brands on
sala ANIMALS, and shall notify the owner. if
known, and II said owner does not reside
WE MN the precinct where said animals ara
lstfalned, said notice shall be by regis
Tered letter, containing a description of
SAID animals, including all marks and
uranus, with the amount of damage and
costs. III the owner OF said animals is not
AHoWh, Inc pouEdkeeper shall examine thu
Selrltorla4 brand sheets, and if marks and
Uranus are recorded therein CORRESPONDING
" Inc marks or brands on said animals. the
poundKeeper shall notify, by registered
lelter' the person in whose name said
MARKS and brands are recorded: and if
all damages are not paid within two DAVIS
from the time of taking said animals he
suaii enter suit in the nearest lustice,s
court ior the amount of such damages.
costs ana keeping, and said justice snail
near and try such cases in the same man
her as other civil cases are tried: Pro-
vlded, That service Of summons, time and
pace OF trial shall be as now provided by |
laW IN civil cases III Justices courts.
! Sec' {. Inc plaintiff must assess the !
oana9es, and If the defendant is of the |
oplhion mat the damages claimed are ex-
cessiVe ne may, at any time before the
tlial, Ienuer TO the plaintiff the amount he |
ueenls reasonable and il the plaintiff does |
l ! recover greater sum than that ten
1ereo, the costs from the time of the ten |
aer shaii De assessed against the plaintiff. |