Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1893-05-09

post notice Of such finding, with
the amount Of such costs. for Eve
days in at least two public places
in his precinct:
Provided, That il such owner or
owners or person or persons hav-
ing in possession or charge such
animal or animals shall be I'M
known or upon notice shall refuse
to choo.e an arbitrator, then the
person or persons sustaining such
breach or trespass shall choose
one arbitrator and the justice of
the peace Of the precinct shall
choose another and the two a
third, who shall make their award
as herein before provided.
Sec. 4. Within six days after
the service Of the notice of award
or after the posting of such notice
if the owner or owners or person
or persons having in possession
such animal or animals have failed
to pay the amount of such award
aud costs, the justice shall proceed
to issue execution therein rs in
other cases commenced before
him.
Sec. 5. The person or persons
suffering such damage by way of
breach or trespass may restrain
and keep in posf ession or custody
such animals, provided hat notice
is given to owner within one day
from time of taking them up, or n
sufficient number thereof to equal
in value the amount of damage
sustaided with reasonable costs,
until the issuing of such execution,
unless prior thereto the amount of
such awsrd or finding with costs
and Is cents a day each for keep
ing such animals be rendered to
him.
Sec. 6. The person or persons
sustaining the damage described
in section l, may turn said animal
or animals over to the justice of
the peace, to be by him retained
in custody or charge until the is
suing of SAID writ, and said justice
shall have so cents per day for
the keeping of each of such ami
mails.
Sec. 7. The writ of execution
mentioned in section 4 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 inn
m~ediately post notices for three
days in at least two public places
in the precinct of the justice issu-
ing such writ, and upon the fourth
day from the posting of such no.
tice, shall proceed to sell such an
imal or animals, unless the amount
of such writ shall have been pre-.
viously paid, to the highest bidder
for cash and to turn over tot he jus,
tice of said precinct the proceeds oil
said sale after deducting his costs
including the keeping of said ami
NAL or animals at fifty cents eacl
per day.
Sec. 8. The justice shall apply
the proceeds received by him il
the payment of the finding or ward
and costs, and the residue shall b.
turnded over TO the owner of salt
animal or animals, if known and i
unknown, to the county treasurer
who, if the same is not called for
by the proper party within twelv,
months, shall cover the same int,
the general school fund of tn,
county. Provided, that if thu
proceeds of the sal,
of the animal or animals s,
retained as provided for in section
6 or section Z, is not sufficient t
pay the amount of said execution
and costs, then execution shall is
sue for the amount of deficit
Provided further, hat the execu
tions issued under this act shall
be subject to the same restriction
now governing the law on execu
tions.
Sec. 8. Before damages for tn
breach mentioned 10 the preced
ing sections can be collected i
must be proven that the inclosur
was a legal fence. which is hereb.
defined to be within the meaning
of this act a strong, substantial in
closure, ordinarily sufficient +
turn animals; said Enclosure TO b
not less than four feet in heigh
Ill -