The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1918-10-19

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,
10 appear before such justice at time
and place to 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 to
serve process.
Section IL. Such service shall be
made by delivering a copy thereof TO
tho owner, IL named In such sum-
mons and II 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 Ia 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 Is. At the time and place
appointed for the return Of said sum-
mons the officer or person by whom
such complaint was made shall APP
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
/ Wit
| said Justice a 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 6 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. II no one shall appear
10 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 TO sell the said animal or animals
at public auction for the best price
he can obtain thereof, and make re-
turn thereof TO the said justice at a
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 ana
delivered shall make return as re-
quired by said warrant, and pay the
proceeds Of the sale to said justice.
Section 10. The said justice shall
thereupon adjudge the cost OF said
proceeding, the same amount being
allowed as in civil actions, and In ad-
! dition he shall allow TO the pound
master or other person making such
seizure the fees hereinbefore proyid-
1 ed, together with the actual damages
sustained by any person by reason OF
/ the trespass or breaking OF such ami
NAL into his premises, If any is claim
ed. and compensation TO the pound
master or officer for the care and
keeping OF such animal from the time
or the seizure thereof 10 the sale OF
/ disposition thereof. at the rate speci-
fed In the preceding sections OF this
ordinance, and the justice shall be al
lowed the amount OF Sl00 for every
animal SO sold, and the officer the same
Zee for the service OF summons and
execution In civil actions.
Section l6. II after paying the sum
aforesaid there shall be any surplus
or the proceeds OF such sale, the said
Justice shall pay the same 10 the own
err or other person establishing be-
Tore him, on the return of such sum
mons, his right thereto, or In case he
did not appear az such other time AS
the said justice shall appoint
Section II III no person shall
claim such surplus within a year af
ter such seizure, the said justices
shall pay the same 10 the CITY Clerk
for the benefit OF the Contingent Fund.
taking the receipt OF the City Clerk
therefor
| Section IS. II such owner or 9th
er person interested shall not appear
and demand such surplus within said
year he shall be forever precluded
from recovering any part thereof. and
the receipt OF the City Clerk given al
any time after the expiration OF said
year shall be and operate as com
plete discharge to said justice and to
said city for the same.
Section 10. AT any time after max
ing OF such complaint and before the
sale OF such animal. tho owner or any
other person having an interest there
In may make demand and claim for
such animal before the Justice OF the
peace before whom the proceedings
shall have been commenced, and. up-
on making satisfactory proof OF
ownership or interest. and upon pay
Ing TO the justice the fees. damages
and compensation herein provided for
and all other fees and expenses that
shall have accrued up TO the time OF