Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-14
THE NEW ESTRAY Law.
PIOYidin5 for The Disposal Of Animals
for TfeSpasS and Damage,
THE NEW cOUSrr OF WAYNE.
An Ac, Creating II and Prescribing
It's boundaries aud Appointing
liz Onicers.

Bt u enacted by the Governor anu
Legislative Assembly of tbs Territory
Of utahi
section L. That any precinct OF said
Territory mas, at any general OF
special election, called for that purpose
By the county court thereof bya vote
OF the majority o,Hli the Taxpayers Of
said precinct, declare In favor Of
fencing tiielr fnfma aud allowing their
animals TO run at large; and In such
CAses the provisions OF THIS act author.
ling the detention and sale " animals
for damages shall q imperative.
dee. ?. II shall be- the duty % tho
county court " each county, at It's
June ses ion In the year a. ID. 1899, or
rs soon thereafter NJ may hu praC.
ticablc, to declare what shall constitute
a lawful fence Tor that county and the
fence viewers Of said county shall he
governed thereby.
Sec. 3. All homes, mules and neat
cattle over eighteen months u ago
found running at large, ON which
there Ia no brand, and any hogs run.
Ming at large On the premises n any
person not the owner, are hereby de.
olnted 10 no cstfays.
Sec. I. IL l. hereby made the duty u
the constable OF any precinct Of any
county In this Territory 10 take up
auy cstpyr IN said precinct, aud, at,or
advertising them by posting notices In
three Of the moot public places In slid
peciuct (giving general description
theco) Tor ten days, shall sell the
same at public auction, 10 the highest
bidder for cash; and after deduCting
costa aud expenses Of keeping and sale,
shall dcfbsit the balance vi the pro-
cocds OF the salo with the Justice Of
peace IA and for said precinct, to be-
by him disposed Of M ia the case Of
balance of sale Of uuimais for dam
axes az hereinafter provided. Pro.
yided, That the constable shall have
the power % sell esfays nj general
"round ups" or drives, and shall ad-
veItise his intention 20 DO 10 Tor a
period nf fourteen days previous there.
t., In some paper having general
circulation ia such county, and he
shall receive ~ compensation fifteen
Per cent. OF the proceeds UfHuCh sales.
See. D. II any neat cattle, horp,s,
mules, Hsses, sheep, gOats or hogs shall
trv-pas- or 10 dnmage upon the prem.
is.- Of any pruGu, except In cases
where said places are not enclosed by
a lawful fence In counties where a
fence II required by law, the party AZ.
gIievcd may recover damages BY an
action at law against tho owner vi the
tresphssinE animals, AMI no animals
ttcspRssing shall be exempt from exc.
cution. Provided, The fees Ia such
cases shall be but ono hall the fees In
civil cases.
See. q. The owneror occupant OF any
improved real property may iiitfnin oil
animals doing damage ON such prop
erty aud keep them in some secure
place auI properly care Tor the same or
Immediately turn them over TO the
precinct poundkruper, who shall OK.
anime all marks and brands ON saiu
animals, ana shall notify the owners
" known, and IL saii owner does not
rv,iir within the precinct where said
animals are detained, said notice shall
bo, 10y registered letter, n.lning
description u said animals, Including
all mRsks and brands, with the amount
o' damages anu costs. II the owner
OF saii animnls is not known, the
poundkceprr shah examine the Tern.
turial brand sheets, aud, n MARKS aud
brands Atn recorded therein cDrrU-pDud
ing TO the marks or bmuds on said
animals, the pOuudEeupur shall notify,
by registered letter, the persUu ia
whose name said marks anu braudf
arc recorded, aud II all damages are
not paid within two days from tie
time OF taking said animals, no shall
enter suit In the nearest Justices court
Tor the amount Of such DAMAGE costs
amt keeping, and said Justice shall hear
and try tueh cases in the same manner
~ other Gill cases are tried; provided,
That service OF summons, time auu
place OF trial shall be as now provided
by law In civil cases IN Justices court.
See. Z. The plaintiff must assess the
damages, aud II the defendant Is Of the
opinion thrt the damages claimed ART
excessive, lie may, at any time before
tho trial, tender TO the plaintiff IA.
amount nc deems reasonable, aud n the
plaintiff does not recover greater sun
than that rendered, the costs from the
tins Of the tender shall be uisee.ed
against the plaintiff.
See. 8. Alter six months from the
date Of ssid sale the net proccedi
thereof shall be paid iutO the county
treasury, TO the credit Of the county
school iuud; Provided, however, that
II tho owner Of sad animals shall
within six months from the date OF
sale, satisfy, 10y affidavit or othorwiCe,
the magistrate who heard thu case that
he was the owner, the justice shall pay
surh net proceeds TO such owner.
Doe. 0. The magistrate shall, nj thu
hfst session OF the county court after
the expiration Of six months from the
date Of the sale, report TO the county
court his proceeding therein ami tn,
disposition NJ the proceeds thereof,
See. 10. The constable ia each PIE
Olnct In every county la this Tern
tory Is hereby made the pOundkeepsi
OF such precinct, aud 10 entitled TO AM
In made the cu0tOdlAn OF all brand
b oks and brand sheets pertaining
thereto.
Sec. II. Any persou who shall take
any animals out ~ tae custody ~ ans
person holding them for dam ges, a
provided Ia this act, or VINO shall IN
tercept or hinder any person In tSkiu.
up, or attempting lu take up, such Rui
mais for doing damage, 10 guilty OF O.
ni,sdumtRuOr.
See. L.. rle provisions OF this acl
shall IN no way Interfere with existing
legal rights Of incorporated cities aud
towns In relation Ia animals running a
large.
Soc. 10. That Chapter 90, Session
Laws VI 1890, and Al other laws anu
parts Oi laws In conflict herewith, bt
anu the same are hereby repealed.
Sec, q, Hhis act shall take cloc.
from an 1 after its approval
Approved March 10, 1909.
wAYNE COUNTY,