The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1918-10-12

changed In this ordinance, ana snail
| forthwith issue a summons under
his hand directed 10 the owner, II he
shall have been named In said COM
plant. and stating the fact that such
seizure has been made, and require
| the owner OF such animal, or any
party having an interest in the same,
TO appear before such justice at time
and place 10 be specified in such
summons. and show cause why such
animal should not be sold and the
proceeds applied as directed by this
ordinance, and such TIME shall not be
less than six or more than twelve
days from the issuing OF such sum-
mons.
Section IL. The said summons may
be served by any officer duly author
lied under the laws OF this stae 10
serve process.
Section ~. Such service shall be
made by delivering a copy thereof TO
the owner, IL named In such sum
mons and IL he can be found in the
county, six days before the return
day thereof, and II the owner shall
not be named in said summons, or
! IL he cannot be found in said county,
then the said summons shall be
served by posting copies thereof In
at least three public places in said
city at least six days before the re-
turn day thereof
Section IL. At the time and place
appointed for the return OF said sum
mons the officer or person by whom
such complaint was made shall ap-
pear, and any person or persons own
ing or having any interest In said
animal shall be allowed by said
justice OF the peace TO appear in said
proceeding, and on his filing with
said justice plea denying any or
all OF the facts In said complaint, an
issue shall be deemed joined in said
proceeding, and In case damages are
claimed, they shall be determined by
the justice or jury, as the case may
be, unless they have previously been
/ determined under section hereof, In
which event such determination shall
be binding upon the justice. and the
subsequent proceedings shall be as
near as may be in civil actions unless
otherwise provided in this ordinance
Section IA. IL no one shall appear
to show cause, and the said summons
shall be returned duly served or post
ed as required herein, or IL the jury
or the justice shall find after trial
that no sufficient cause is shown why
such sale should not be made, as di-
rected by this Ordinance, then said
Justice shall issue his warrant un-
der his hand, directed TO any marshal
or constable OF said city, commanding
him 10 sell the said animal or animals
at public auction for tile best price
he can obtain thereof and make re-
turn thereof 10 the said justice at
time and place therein specified not
less than ten or more than twenty
days thereafter. The said sale shall
be on the like notice as on constables
sale, and the officers TO whom the said
warrant shall have been directed and
delivered shall make return as re-
CURED by said warrant, and pay the
proceeds OF the sale to said justice.
Section Is. The said justice shall
thereupon adJudge the cost Of said
proceeding, the same amount being
allowed as Ia civil actions, and in ad 2
dition he shall allow to the pound
master or other person making such
seizure the fees hereinbefore proyid-
ed, together with the actual damages
sustained by any person by reason of
the trespass or breaking OF such ami
maj into his premises, If any Is claim
ed and compensation 20 the pound
master or officer for the care and
keeping OF such animal from the time
q the seizure thereof 20 the sale OF
disposition thereof at the rate speci-
ned In the preceding sections OF this
ordinance, and the Justice shall be al
lowed the amount OF $100 for every
animal 50 sold, and the officer the same
Zee Tor the service OF summons and
execution in civil actions.
Section ~ II after paying tho sum
Aforesaid there shall be any surplus
OF the proceeds OF such sale Inc said
Justice shall pay the same to the own
or or other person establishing be
tore him, on the return OF such sum
mons, his right thereto, or ga ease he
did not appear at such other time ae
the SAID justice shall appoint.
section ~ III no person shall
claim SUCK surplus within a year AL
yer such seizure, The said Justice
slail pay the same to Tic CITY Clorl
for the benefit % The Contingent Fund
taking the receipt OF the CITY CLERK
therefor
----
Section is. IL such owner or orr
er person interested shall not appear
and demand such surplus WITHIN said
year ne shall be forever preclnded
from recovering any part thereof and
the receipt OF the City Clerk given al
any time after Tie expiration OF said
year shall be and operate al corn
plete discharge to said justice and Ia
said city for the same
Section 10, AZ any time after max
Ing Of such complaint and before the
sale OF such animal the owner or any
other person having an interest there
IN may make demand and claim for
such animal before The Justice 81 The
peace before whom tho proceeding
shall have been commenced. and. up-
on making satisfactory proof 81
#.H E. HN D.