son so taking and detaining the same without the written consent of the owner, he shall be guilty of a misdemeanor.

$ 132. The taking up and detention of each and every cow or calf as specified in the preceding section of this act shall constitute a separate offense.

§ 133. The penalty for violation of the above shall be a fine of not less than fifteen nor more than fifty dollars, and may be prosecuted before a justice of the peace upon affidavit or by indictment.

§ 134. If any person or persons shall take up and detain for any time in any enclosure any bull, for the purpose of improving his stock, not the property of the person so taking and detaining it, and without the written consent of the owner or owners thereof, he shall be deemed guilty of a misdemeanor and be punished by a fine of not less than twenty dollars and not more than one hundred dollars or by imprisonment in the county jail for not less than fifteen days and not more than three months, or both.

Owners liable for trespassing animals.
Damages assessed by arbitrators....

144

145

154a

Any person may take up estray animals, duty as to.

Hogs and burros not permitted at large in the limits of any city, town or village.......

§ 135. Any resident householder in any county of this territory on finding any broken, tame or domesticated estray animal or animals in the vicinity of his premises, may, at any time after twenty days from the time of finding the same, or after six months from the time of finding any unbroken, untamed or undomesticated estray animal or animals in the vicinity of his premises, go to the justice of the peace for the precinct in which such estray animal or animals were found and make affidavit that such estray animal or animals, giving a full and complete description thereof, with marks and brands if any, and stating whether broken, tamed, domesticated or otherwise, have remained in the vicinity of his premises for the time or times above specified, as the case may be, that he has made diligent inquiry throughout the neighborhood of said premises and precinct to ascertain the ownership of said estray animal or animals, and has been unable to ascertain such ownership and does not know to whom the same belong; which affidavit, when so made, shall be forthwith delivered by affiant to the assessor of the county in which said estray

animal or animals are taken up, and by him recorded as hereinafter provided: Provided, That in no case shall any person take up any estray animal or animals except in the vicinity of his premises and in the county wherein he or she resides, and is a householder.

C. 65. L. 89, § 1; Feb. 19.

§ 136. It shall be the duty of the assessor of each county kept by assessor. Estray book to be in this territory, to keep a book called an Estray Book which shall be properly ruled and indexed, and said affidavits, when received by him, shall be marked "filed" on the back thereof, and recorded in said book; and, when so recorded, the records thereof shall be preserved by him in his office. He shall be allowed a fee of fifty cents for each affidavit so filed and recorded and an additional sum of ten cents per head for each additional number more than one animal contained in said affidavit, said fee or fees to be paid by affiant for filing and recording the same.

$137. In addition to making said affidavit and having the same recorded, as hereinbefore provided, the party taking up said estray animal or animals, shall, within ten days after recording the same, cause to be published in some newspaper published in the county which shall be designated by the assessor, and which shall be published at the county seat of said county or if there be any county seat in this territory in which no newspaper is published, then in some newspaper published in the county, notice of the time and place of taking up such estray animal or animals with a description thereof, as set out in said affidavit and that the owners thereof will forfeit the same at the end of seven months from date of the first publication, unless he or his agent claim the same, prove ownership of such property and pays the legal charges thereon, within that time. Such publication shall be continued for a period of six consecutive weeks and any newspaper publishing such notice, shall be allowed a sum not to exceed two dollars for the entire time of the publication of such notice so published, the same to be paid by affiant: Provided, That if there be any county in this territory in which no newspaper is published, then it shall be lawful to give such notice by at least five printed handbills or written notices, posted in conspicuous places in each precinct in said county.

§ 138. If the owner, or his legally authorized agent, of any estray animal or animals, advertised as aforesaid, shall, within seven months from the time that the same was first advertised, appear and make affidavit of his right and proof of ownership thereto before the justice of the peace of the precinct in which said estray animal or animals were taken up and shall pay to the party taking up the same, the cost of making said affidavit, not to exceed one dollar, of filing and recording the same, the cost of publishing said notice and the further additional sum of fifty cents per month excepting in all cases, unweaned young animals following their dams, for each and every animal and for each and every month said animal or animals have been in his possession from the date of said publication, then the owner shall be entitled to the possession of the same and it shall be delivered to him or his lawfully authorized agent, but in event he or his agent does

Id. § 2.

Person taking up

to publish.

Id. § 3.

Owner of estrays may redeem how.

Feb. 19.

C. 65, L. 89, § 4: not appear and make good said proof and pay said cost or costs, within seven months from date of the said publication, then the assessor in said county shall order the same to be sold at public auction to the highest bidder, for cash in hand, after first having caused ten days' notice to be given, of the terms, time and place, of such sale, with the description of the animal or animals to be sold, by at least five written or printed hand bills, posted in conspicuous places throughout the precinct wherein such taker-up resides. All orders for such sale or sales shall be directed to the constable of said precinct, and for each and every order so issued, the assessor shall be allowed as a fee, the sum of fifty cents, and the constable shall be allowed as a fee for such sale, a commission of ten per cent. of the gross proceeds of such sale on all sums up to and including fifty dollars, and a commission of five per cent. on all sums over fifty dollars, out of the proceeds of such sale. Such said constable shall first pay such costs as may have accrued under the provisions of this act in taking up and selling such estray animal or animals: the remainder, if any such there be, he shall forthwith deposit with the county treasurer of the county wherein such sale took place, subject to the order of the owner of such estray animal or animals. If such sum or sums be not reclaimed by said owner within twelve months from date of said deposit then said county treasurer shall apply the same to the school fund of said county, and the owner thereof shall be forever barred from recovering the same by an action at law.

Attempt to conceal estray animals larceny.

Id. § 5.

Owner to pay legal charges.

Id. § 6.

Escape of estrays. provisions.

§ 139. If any person shall conceal or attempt to conceal any estray animal or animals taken up by such person, or shall efface or change, or attempt to efface or change any mark or marks, or brand or brands thereon, or shall carry or attempt to carry the same outside of the limits of the county where found, or knowingly permit the same to be done, or shall sell, transfer or bargain away such estray animal or animals, or shall attempt to sell, transfer or bargain away the same, before lawful title thereto has been obtained in accordance with the provisions of this act, he shall be deemed guilty of larceny and shall be punished for the same as in other cases of larceny.

§ 140. The owner, or his lawfully authorized agent of any estray animal or animals which have been taken up according to the provisions of this act, shall not be permitted to take, lead or drive away the same from the premises or possession of the person having taken the same up under the provisions of this act, until he has proved his ownership thereto, and paid the legal charges due thereon as herein required, and any person knowingly or willfully violating the provisions of this section shall be subject to all the penalties to which he would be subject under the statutes, had he no claim to said animal or animals.

§ 141. If any animal, after having been taken up by any person under the provisions of this act, shall escape, or be taken from the possession or custody of such person before the same shall have been reclaimed by the owner thereof, or his agent, then such person shall have the right to recover

the same wherever the same may be found, to be held by him until disposed of as provided for in this act.

§ 142. It shall be unlawful in this territory for any person to take up, work or use in any manner whatsoever any animal or animals, estray or otherwise, without the consent of such owner thereof unless having proceeded as required by this act, and any person or persons guilty of any violation of this act shall, on complaint being made thereof, be tried before any justice of the peace in the precinct in which said animal or animals were taken up, and if found guilty shall be fined a sum of not more than fifty dollars and not less than ten dollars, or imprisonment in the county jail not more than sixty days and not less than ten days, or both, with costs, and be subject to a civil suit for damages at the hands of the party or parties injured.

$143. Nothing in this act shall amend, alter, change or interfere with the rights of any incorporated town or city in this territory to prevent the running at large of any stock within the corporate limits of said city or town and the impounding of the same as is now provided by law.

Animals trespassing, owners

$144. That any person or persons owning or having in his, her or their possession or charge any horses, mules, for damage. cattle, burros, sheep, goats, hogs or any such animals which shall break over or under or through or into any lawful inclosure belonging to any person or persons other than the owners or person or persons having possession or charge of such animal or animals, or which shall trespass upon the cultivated fields or land or lands sown in domestic grasses or clovers for hay or pasture, or orchards or vineyard lands of any such person or persons other than the owner or owners or person or persons having in charge such animal or animals when no inclosure of such cultivated fields or land or lands sown in domestic grasses or clovers for hay, pasture or orchard or vineyard lands is required by law, shall be liable to the party or parties sustaining injury by such breach or trespass for all damages he, she or they may have sustained by reason of such breaching or trespassing as aforesaid, to be recovered in a civil action by the owner or tenant of such inclosure or such described lands or fields before any competent tribunal, or by arbitration, each party to select a property owner and the arbitrators to select a third.

$145. Said arbitrators before entering upon their duties shall be sworn by a justice of the peace and it shall be the duty of said arbitrators to carefully examine the fence and the lands therein inclosed, or the cultivated fields, land or lands sown in domestic grasses or clovers for hay or pasture, orchard or vineyard lands, when no fence is required by law, as the case may be, and assess the damages done.

$146. The arbitrators shall when necessary examine witnesses under oath, one of them to administer said oath to the witness. They shall make a written report, signed by at least two of said arbitrators, to the justice of the peace of the precinct where said damages were done or breach or trespass suffered, showing the amount of damages as found by them, together with their costs of one dollar per day each for time

liable

C. 65, L. 73, § 1: Feb. 23.

Arbitrators to as sess damage.

Id. § 2.

Arbitrators to make written report.

Feb. 23.

C. 65. L. 73. § 3; actually employed, within two days after their decision is rendered, and the justice shall immediately enter upon his records the finding of said arbitrators, with their and his costs, and at once notify the owner or owners of or person or persons having in possession such animal or animals, of the finding of such arbitrators, with the amount of costs, and if such owner or owners of or person or persons having in charge such animal or animals shall be unknown, then he shall at once post notice of such finding, with amount of such costs, for five days in at least two public places in his precinct: Provided, That if such owner or owners of or such person or persons having in possession or charge such animal or animals shall be unknown or upon notice shall refuse to choose an arbitrator, then the person or persons sustaining such breach or trespass shall choose one arbitrator and the justice of the peace of the precinct shall choose another and the two a third, who shall make their award as hereinbefore provided. § 147. Within six days after the service of the notice of award or after the posting of such notice, if the owner or owners of or person or persons having in possession such animal or animals have failed to pay the amount of such award and costs the justice shall proceed to issue execution therein as in other cases commenced before him.

Justice to issue execution for umount of award.

Id. § 4.

Persons damaged to keep animals as security.

Id. § 5.

Person damaged
animals

may turn
over to justice.

Id. § 6.

Writ of execution. how issued.

Id. § 7.

reeds,

§ 148. The person or persons suffering such damage by way of breach or trespass may restrain or keep in possession or custody such animals, provided that notice is given to owner within one day from time of taking them up, or a sufficient number thereof to equal in value the amount of damage sustained, with reasonable costs, until the issuing of such execution, unless prior thereto the amount of such award or finding, with costs and fifteen cents per day each for keeping such animals, be tendered to him.

$149. The person or persons sustaining the damage described in section one hundred and forty-four may turn said animal or animals over to the justice of the peace, to be by him retained in custody or charge until the issuing of said writ, and said justice shall have fifty cents per day for the keeping of each of such animals.

§ 150. The writ of execution mentioned in section one hundred and forty-seven can be served as other writs of execution are served, or the official serving the same can at once levy upon the animal or animals causing such damage, whenever same may be found, in which case he shall immediately post notices for three days in at least two public places in the precinct of the justice issuing said writ, and upon the fourth day from the posting of said notice shall proceed to sell said animal or animals, unless the amount of such writ shall have been previously paid, to the highest bidder for cash, and to turn over to the justice of said precinct the proceeds of said sale after deducting his costs, including the keeping of said animal or animals at fifty cents per day each.

Application of pro- § 151. The justice shall apply the proceeds received by him to the payment of the finding or award and all costs, and the residue shall be turned over to the owner of said animal or animals, if known, and if unknown, to the county treasurer,