Durango semi-weekly herald., 1907-05-16

paper at an expense of not to exceed
one dollar.
Sec. 2. Said notices shall contain,
as near as may be. description OF
the animal or animals impounded, Civ
ing the color and sex, including copy
of all brands, II any, on such animal
or animals, and shall state that unless
said animal or animals shall be claim
ed and the costs of feeding and ad-
vertising said animal be paid to the
city marshal or chief of police previ-
Gus to q dete named In said notice,
which date shall be the eighth day
after the date of the first publication
of said notice that he shall sell said
animal or animals as hereinafter pro
vided.
In case the animal is branded and
the owner unknown. in addition to
the notices and publication heretofore
mentioned, the marshal or chief of po-
| lice shall carefully note all the brands
or earmarks found thereon, and the
kind, sex and color Of such animal or
animals and send at once to the
secretary of state a full description of
such animal or animals the place and
date OF such taking up and impound-
| ing, and the secretary Of state shall
at once forward notice giving the
| above facts to the recorded owner or
| owners of the brand or brands found
| on such animal or animals PRO
| VIDED, That If the owner or owners
| of any animal or animals impounded
| shall be known to the marshal or chief
| of police, he shall not cause the pub
| lication of said notice as herein pro-
vided, but shall cause a notice as
above described to be Immediately
| served upon the said known owner or
owners, or their representatives, by
| registered mail, and such service for
| the purpose of sale shall be equiva.
| lent to the publication of said notice.
| provided further, that in case said
known owner or owners, after receipt
| Of said notice, shall fail to claim said
animal or animals, and pay all the
costs as above provided within seven
days after receipt of said notice, then
The city marshal or chief Of police
shall sell said animal or animals in
he same manner as though the notice
had been published.
Sec 3. If the owner of the animal
or animals impounded shall claim
them of the marshal or chief of police
| within the time specified within said
notice, and pay all the costs then ac-
| crued because of the feeding and
advertising, then the marshal or chief
IF police shall release said animal or
animals. Said costs of feeding shall
be not to exceed thirty (30) cents IA
day per head for such time as they
may be in the pound.
Sec. 4. If the animal or animals
shall not be claimed and the costs
paid as provided in the preceding sec
tions the marshal or chief of police on
The eighth day after the date of the
first publication of the notice, or serv-
ice Of notice, upon the known owner or
owners or their representatives, as the
case may be, shall sell said animal or
animals at the pound at public auction
to the highest bidder, said sale to
commence at 10 o'clock in the fore
noon of the said eighth day. PRO
VIDED. that if the said eighth day
/ luil Oh ouuuif, tuCn tHS odit
shall be made on the following day.
commencing at 10 o'clock in the fore
noon.
Sec. 5. The proceeds of such sale
shall first be applied to the payment
OF all the accrued costs of feeding and
advertising, and any surplus shall be
paid over to the treasurer of the town
or city in which the sale is made; but
if sufficient money is not realized from
such sale to pay said costs, then the
marshal or chief of police shall so GER
tify to the city treasurer and such de-
iiciency shall be paid from the un-
claimed surplus received from the sale
Of other animals under this act
Sec. 6. When any surplus money
shall be paid into the city or town
treasury under the provisions of this
act, the owner of the animals from the
sale of which such surplus arose, shall
be entitled to warrant from the city
council or board of trustees drawn
upon the treasurer therefor. provided
such owner shall make application
therefor and satisfactory proof of own
orship within one year after the sale
of such animal or animals
Sec. 7. In case any Incorporated
town or city shall neglect or refuse to
pass an ordinance in conformity with
this act then anyone taking up an
estray animal within the limits of said
incorporated town or city shall notify
the state board of stock inspection
| commissioners and said estray shall
| be disposed of by said board as in
other cases made and provided for the
disposal of estrays by said board.
Sec. 8. An act entitled IAN act
providing for system of procedure
| by the police magistrates and justices
| of the peace in cities and Incorporated
towns where animals may be found
running at large contrary to ordi-
nance approved March 25. 1887. and
all other acts and parts of acts in
consistent with the provisions of this
act are hereby repealed.
Sec. Q. In the opinion of the gen
eral assembly an emergency exists.
Therefore this act shall take effect