Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1893-03-28
Provided, That if such owner or owner

of or such person or persons having il
possession or charge such animal OF
animals shall be unknown or upon notice
shall refuse to choose an arbitrator, ther
the person or persons sustaining sucl
breach or trespass shall choose one arbi
traitor and the justice of the peace of the
precinct shall choose another, and the two
a third, who shall make their award al
herein before provided.
Sec. 4-Within six days after the ser
vice of the notice-.ef award, or after the
posting of such notice, if the owner OF
in possession such animal or animals
have failed to pay the amount of such
award and costs, the Justice shall proceed
to issue execution therein as In other
| cases commenced before him.
I Sec. 5-The person or persons suffer
ing such damage by way of breach or
trespass may restrain and keep in pos
session or custody such animals, pro
vided that notice is given to owner with
in one day from time of taking them up
or sufficient number thereof to equal in
value the amount of damage sustained
with reasonable costs, until the issuing of
such execution, unless prior thereto the
amount of such award or finding with
| costs and Is cents per day each for keep
ing such animals, be rendered to him.
Sec. 6--The person or persons sustain
ing the damage described in section /,
may turn said animal or animals over to
the justice of the peace, to be by him re-
tained in custody or charge until the is
suing of said writ, and said Justice shall
&c do fnr ,f
each of such animals.
Sec. THE writ of execution men
toned in section of this act can be
served as other writs of execution are
served, or the official serving same can at
once levy upon the animal or animals
causing such damage, whenever same
may be found, in which case he shall
Immediately post notices for three
days in at least two public places in
the precinct of the justice issuing said
writ, and upon the fourth day from the
posting of such notice, shall proceed to
sell said animal or animals, unless the
amount of such writ shall have been pre-
viously paid, to the highest bidder for
cash and to turn over to the justice of
said precinct the proceeds of said sale
ai0ei ueuuctlhS Ills cosos lhclualiS the
ReePlng OF SAID amman or animals, at
MY cents per day each.
oec. o-lhe 1ustlce snail apply the
proceeds received by MIN IN the payment
OF the nnding or award, ana an costs,
ana the residue shall be turned over to
the owner OF SAID animal or animals, II
KNOWN ana II unknown TO the county
treasurer Who' II the same Is not called
1or, by the proper party within twelve
months snail cover the same into the
general schoo' iund OF the county.
FroVlaed' mat IL the proceeds OF the sale
OF the animal or animals SO retained as
PROVIDED 1or IN section or section
y IS not sui1lclent TO pay re amount OF
sald execution ana costs' tnen execution
snall Issue 1or the amount OF dehcit: Fro
Vlded lurther' that the executions issued
uhder thls act snail oe suolect 10 the
same restrictions now governing the law
On executions.
sec. 9-Before damages tor the breach
mentioned IN the preceding sections can
Dc collected IL must be proven that the
lnclosure was u legal renee, which ia