The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1907-11-01
ESTRAY HOGS
Copy Of Law Concerning The Taking
Up Of Estray Hogs


pant of premises is not required tc
fence against hogs.
Section 721.. If any hog is found
trespassing, the occupant of proprie'
tor of the premises may take up and
safely keep at the expense of the own
er thereof, such hog and hold the
same until the payment of the expen'
ses and damages by the owner, and
shall be allowed fifty cents per head
additional for each animal taken up
Section 1872 Any person taking VI
a hog under this chapter, must i'm.
mediately thereafter write out three
notices in a. plain, legible hand, Civ.
ing correct description thereof with
the marks and brands, II any, on said
hog, and the time and place OF taking
up, and at once post up said ntaces
ia good and substantial manner in
three conspicuous placestin the pre-
cinct in which said hog was taken
up.
Section 1873. II the owner and
taker-up Of such hog cannot agree as
to the amount OF damage, they must
each select a disinterested person re-
iding IN the precinct where such tres.
pass has been committed, who must
after hearing all the facts in the case
from both parties interested, FL
the amount of damages, II any to be
paid, and the same are lein upon
said hog and other personal property
of the owner, not exempt by law, and
If, said amount is not paid within
five days together with costs of keep.
ing said hog, the taker up. must no
tify, the constable of the precinct
whose duty it is to levy upon the hog
and sufficient amount of other per-
sonal property of the owner not ex-
empt by law as shall pay all damages
and costs, and shall sell at public
auction on the premises where said
hog was taken up, after first giving
five days notice of such sale, in the
manner prescribed in the last section
and the proceeds must be applied
first to the payment of the constable's
fees, which are same as on execution;
second the payment of the award, and
subsequent charges for keeping to the
taker-up of such hog, and the re-
mainder, if any, must be paid to the
owner of such hog: Providing, That
either party feeling aggrieved by the
award may appeal to any Justices on
probate court within the county, with.
in five days after said award and the
party so appealing must file good
and sufficient bond for the payment
of all costs and expense arising from
said appeal.
Section 724. If the owner or per.
son entitled to the possession of such
hog does not appear and pay the
charges theron within thirty days
after the notice has been given, as
above provided, the absolute owner
ship of such hog shall be vested II
the person taking up such hog: Pro
vided, he shall keep copy of the no
tices posted, as prescribed by this
chapter, which shall have endorsed
thereon the date and manner of post
ing and the places where posted
which shall have the same force ant
effect as bill of sale OF, such hog.
Section 725. 1t shall be the duty
of any constable or peace officer II
any plated and recorded town, upor
the complaint of any citizen thereo
to take up and impound all hogs
found running at large within thu
limits of said town. He shall
keep and dispose of all hogs take1
up in the manner prescribed by thi'
subdivision.
Section 1876. Any person havins
any Enclosure in conformity with thu
provisions of Sections GA and 67i
of this chapter Is deemed to possess
lawful Enclosure. If any horses
mules, lacks, jenIies, cattle, hogs o.
sheep break into such Enclosure, thu
party injured has lein upon sucf
animals until he is recompeDsed fol
all damages committed by said ami
mails: Provided, That persons own
ing or occupying any lands which
or. occupying any lands which are In
closed by any water course or natura
embankments or hill, or any cliff O.
rocks, may have the same examined
| by viewers as ID, provided in thi
chapter, and If such appraisers repor
the same is sufficient Enclosure l
must be deemed a lawful Enclosure.
Section, 227. II any animal befor'
mentioned breaks into any inclosur'
or through amy fence conforming Il
the requirements Of sections 674 an,
675, the owner of such, animal mus
for such trespass to pay to the part,