The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1895-04-06

Section .. Any person owning or hav-
ing III charge in IL county adopting the
provisions Of this chapter, HI herein PRO
vided, any swine which shall trespass up
on the lands or premises Of another, in
Guiding promises in towns, villages and
cities, wLcather such lands or premises
are fenced or not fenced, such persons
owning OF having in charge such tres pass
ing swine she'll be liable to any party
sustaining such injury for all damages he
may sustain by reason Of such trespassi. 6,
to be recovered i'll q civil action before
any court having jurisdiction thereof, and
the proceedings shall be the same in al
respects as in other civil actions, except
Is herein modified.
Section 10. The parties sustaining
damages done by such tresspasing ami
mails, as mentioned in Sections 8 and 8
before commencing action thereon, shall
notify the owner or person having in
charge such offending animals Of such
damages, and the probable amount thereof,
provided he be- known, to whom such
offending animals belong, and that the
owner or person in charge resides in ant
is within the county, Bnd he may retain
and keep in custody such offending ANIMALS
until the damages SO sustained and Gusts
are paid, or until sufficient security he
given for the same; Provided, } has the
person 50 restraining such offending ami
mails shall, without unnecessary delay,
notify the owner ar. person in whose Gus.
tody the same was ut the time the trespuss
was committed, of the seizure Of such
animals, providing such'owner or person
who had the same in Charge is known to
the person making sucn seizure to be
within or to reside within the county.
Section II. For serving notice as pro
vided i'll Section 10 Of this act, the person
making such service shall he entitled to
the same fees and mileage allowed u
sheriff in serving a summons.
Section II. Upon the trial Of an action
under the provisions of this act, the plain
tiff shall prove the amount of damages
sustained, and the amount of expense i'll.
cured for restraining and keeping the
offending animals, if UGH have by him
been restrained, and any judgment rem
dered for damages against the defendant
shall he a lien upon the animals having
committed the damages, and they may be
sold ind the proceeds applied to the salts
faction of the judgment.
Section III. If upon the trial it shall ap-
pear that the defendant ia not the owner
or person in charge of such offending
animals, he shall be discharged, and the
suit may proceed against the defendant.
whose name Is unknown, and, if at the
commencement of the action the plaintiff
does not know the name Of the owner Or
keeper of such offending animals, he may
bring snit against a defendant unknown.
In such case service shall be made by
publishing Il copy of the summons. with a
notice stating the nature of the action, in
Il newspaper, if there be one published in
the county. and. if, not, by posting copies
of the summons and notice iu three public
places in the county, in either case at least
ten days previous to the day of trial.
Section IA. After judgment shall have
been rendered against the defendant,
unknown as afore said: the offending ami
mails, or SO many of them as may be neoes
sary, shall be sold as Ii other civil actions,
and after sail judgment and costs have
been satisfied, if there is any surplus Of
money, it shall be placed in the hands of
the county tire :surtr. aud if the defendant
does not appear and call for the same
within six months from the day of SAFE, it
shall be placed into the school fund, for
the use of the public schools of the county.
Section Is. Taking or attempting to
take, or advising or assisting in the taking
from the possession of the prison having
them in charge, without tho consent of
such person, except by due course of law,
any animals restrained and held by virtue
of che provisions of this act, Is hereby
declared to be a misdemeanor, and upon
conviction thereof shall be punished by. a
fine not to exceed fifty (5O) dollars, or by
imprisonment in the county jail not to
exceed thirty days, or by both fine and
imprisonment, at the discretion of tho
court.
Section IL. In all actions under and by
virtuo of the provisions of this act, where
in the amount of damages claimed does
not exceed twenty-five (25) dollars, the
judgment of the court having original
Jurisdiction thereof shall be final; Pro-
vided, That either party to such suit shall
be entitled, upon demand thereof, to a
jury trial.
Section II. No property shall be ex.
empt frem seizure and sale under execu-
ton upon Judgment obtained uader and
by virtue of the provisions OF this act,
except those exemptions made absolute.
Section IL. All actions under the pro-
visions OF this act, unless commenced