Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-05-02
Es1RAY LAW DIFFICULTIES.

4
We have received the following let.
ter Of Inquiry from n Justice Of tho
peace In the south:
own you please answer tho following
questions Ia regard to the now esiray law.
In the noxt issue o the DF-EnEt NLws
for tho benefit VI myself and others who
are similarly situated.
81. Is the constable obliged 70 receive
animals from any ono who take. them
up for damages whether the animals will
pay for expenses or noi2
60 What Kind Of complaint shall he
iile before the Justice ot the pcaceg 10
cannot allego that they have damaged
bis property when othors have turned
them over to him.
90. In cases whero tho marks and
brands on tho animals canno. bo found
IN tho brand sheets and ~ q consequence
no one knows whom the animals belong
To- how are the ofiicor. going 10 proceed
tho law Is silent. who shall be made
defendant and how shall tho summons
DO served, ifby publication, who shall ho
summoned aud what shall tho summons
contain and how long must Il bo publish
cd Is thoro any general law providing
for theselhings9
~ In cases whore animals are talSon up
and the owner Is not known and cannot
be found and tho animals have 10 be kept
along time before lhcy can be disposed II
.whilcsummons Is being advortizcd). and
the sum realized from tho sale Of Thorn IL |
noisuillcloniio pay the cost Of he proceed !
ings aud the expense Of feeding, whore IL !
the balance Of cost and expenses to come |
from?
"5, Can a Justice Of tho peace require
the pound Keeper to give bonds or sccur-
ity for costs as In other civil casos7
go. la justice Of Tho peace compelled
TO entoriain any aud all " these charges
"ly answering tho above and giving
such othor Information rs will tend TO
throw light on this subicc, you will
greatly obllgo.r
First. We understand that the new
estray law makes It obligatory on the
poundkccper, that IL the constable Of
the precinct, TO receive all animals
taken up for damages.
Second. The poundkeeper Is to
make complaint as n public officer,
alleging that the rerson-naming him
WHO has turned over the animals has
been damaged In the amount he has
ASSESSED.
Third. In tho case described, we
IMPOSE the animals viii come under
The class included In the "round ups,D
md may be sold after fourteen days,
lotlce In paper having general cir.
'ula,ion In the county.
Fourth. These are contingencies
hat may arise under any eslray law, l
nd we do not know OF any means to O
nhie up the supposed deficiency. I
Filth. As the constable and pound. a
eeper Is under official bonds for the c
roper performance Of his duty, In o
ur opinion the Justice could not re. b
uirc such security "a Is described. p
Sixth. fes. The justice is required q
y law to perform these duties. a
This new c-Irny law ia not perfect, By v
my means. We DO not know OF any, b
'assed by Utah Legislature tina. was v
. Ia perfect The present law must
g studied In all It's parts aud bear. "
ngs to make II consistent. There ap. e
ears to be a system In II by which II
Htrays are placed under three Glasses: u
Inst, unbranded animals over 81
ighteen months old aud any hogs i
inniug at large. Second, animals Ia
ken In general Grounds upa~ or II
rvea; and these We should Judge In n
udr branded animals when the II
rands are not recorded and whose d.
Nners are unknown. Third, branded II
nimals doing damage the owners OF W
hlch may DO learned from the Terri.
rial brand sheets or otherwise. -
sparato provisions arc made for each II
these classes. G
There Is too much haste In forming IL
ws OF this kind, They should bo W
irefully prepared by competent In
'rsons, with the aid Of stock owners, en-
Tmers and land owners, be. Of
re the meeting Of the Legislature, III
I'd then explained aud submitted w
Legislators who will take them In w
large aud 10 responsible for their fate iui
tho Assembly. Our friends will sic
I'VE to do the best they can with the ha
W as II stands Mt present. ha
foi