Arizona weekly citizen., 1893-05-20

llC lSlN "SAo Pooo%0 OJ the Seventeenth Legislature and being of interest to people generally IS here printed in full.
 An Act
 Providing for the Impounding and Disposal of Animals for Trespass and Damage. Belt Enacted by the Legislative Assem- ply of the Territory of Arizona:
 Section IA majority of all the tax payers residing in any justice precinct in this Territory, may petition the Board of Supervisors of the County in which such precinct is situated expressing their desire that no fence shall be required around the. lands in such precinct and upon the filing of such petition with the proper Board of Supervisors so signed by majority of the taxpayers residing Tn such precinct; the Board of Supervisors shall immediately enter the fact upon their records and shall publish 1t in some newspaper published in said County for four weeks next succeeding and from the completion of such publication there shall be no fence required around the lands in said precinct and 1t shall be unlawful for any animal to run at large in such precinct thereafter. A majority of the taxpayers residing in such precinct according to the last proceeding assessment roll for County and Territorial taxes shall be deemed majority of the taxpayers residing in such precinct for the purposes of this Act.
 Sec. 2. The constable in such jus tices precinct IS hereby made the pound keeper of such precinct, and where there IS more than one, the constable having the highest number of votes at the election at which he was elected shall be the pound keeper of such precinct.
 Sec. ,. If any meat cattle, horses, i mules, sheep goats or hogs shall trespass or do any damages upon the premises of any person in said justice premises the party aggrieved may recover dam ages by an action at law against the owner 1.-the trespasslng animals, and no animals trespassing shall be exempt from execution for such damages provided the fees in such cases shall be but one half of the fees in civil cases for simi- lar service and provided further that the pound keeper of such pound be al lowed 75 cents per head for impound- ing such animals and 5 cents per day for keeping such animals. Plaintiff shall assess the damages he seeks to recover, and if the defendant IS of the opinion that the damages claimed and so assess ed are excessive. he may at any time be fore the trial tender to the plaintiff the amount he deems reasonable, and if the plaintiff refuses the same and does not recover the amount of such tender, the costs from the time of the tender shall be assessed against the plaintiff
 SEC. 4. The owner or occupant of any improval real property in such jus tiCe precinct may estrain all animals doing damage on such property, and immediately turn them over to the pre- cinct pound keeper of his precinct, and if there be no pound keeper, in such precinct, then to the nearest pound keep CT, who shall immediately upon receipt of such animals examine all marks and brands on the same, and shall cause mo- tices to be posted containing descrip. ton of said animals, including marks and brands, the amount of the dam- ages and costs for which they are detain- ed, and the date and place at which they were sold, and such other informa- ton said pound-keeper may deem ad- viSable to bring the attention of owner of said animals to the detention of the same, and to obtaIn the highest price herefor.
 One of sad notices shall be posted at the pound where said animals are de- tained, one at the postoffiCe of the pre- cinct if there be one therein, and one at the county court house of the county in which such precinct IS located and a copy of said notice to be forwarded to the owner of said stock by register let ter if their postoffice address be known and said notices shall be posted tn con- spicuous places thereat.
 SEC. 5.-If the damages, costs and expense of keeping said animals are not paid and the animals claimed within ten days after the posting of such notices as aforesaid, the said pound keeper shall sell at public auction to the highes, bidder for cash such animals, and after deducting such damages, costs and ex- Penses of keeping and also the expense of the sale, he shall deposit balance of the proceeds of the sale if there be any, with the County Treasurer of his county, which amount deposited shall be placed by the said Treasurer to the credit of the school fund of the county; provided, however, that if the owner of said animals shall within six months from the date of sale of such animals satisfy by affidavit the county treasurer that he was the owner of said animals sold, the said treasurer shali pay such net proceeds so deposited by said pound keeper to such owner.
 SEC. 6. The pound-keeper making sale of said animals shall immediately deposit the net proceeds from such sale with the county treasurer after such sale IS made, and make a report of his proceedings therein and of the disposi- ton of the proceeds thereof, to the