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ACTS, RESOLUTIONS AND MEMORIALS

OF THE

TERRITORY OF UTAH.

PASSED AT THE

Twentieth Session of the Legislative Assembly, 1872..

CHAPTER I.

An Act Changing the names of Thomas F. Harry,
Mary A. Harry, Melissa Evalina Harry, Laura
Geneva Harry and Flora Ginevra Harry.

(Approved January 30th, 1872.)

Names chang

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That the names of d Thomas F. Harry, his wife, Mary A. Harry, and his children, Melissa Evalina Harry, Laura Geneva Harry and Flora Ginevra Harry, of Salt Lake City, are hereby changed to Thomas F. H. Morton, Mary A. Morton, Melissa Evalina Morton, Laura Geneva Morton and Proviso and Flora Ginevra Morton; provided, that all contracts, business. obligations and business of every kind and nature which may have been contracted or transacted in the name of Harry, by any of the said persons named in this Act, shall still have full virtue in law, and shall not be invalidated by this change of name.

Sheep mado taxable.

Repeal.

CHAPTER II.

An Act making Sheep Taxable Property.
(Approved January 30th, 1872.)

SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That all sheep within the limits of this Territory, shall, as other property, be subject to taxation.

SEC. 2. That all that portion of Sec. (1) one, of an Act pertaining to sheep, approved February 3d, A. D. 1869, which reads as follows: "That all sheep within the limits of this Territory shall be exempt from taxation," be, and the same:is hereby repealed.

MLORD TIBBVKA

to provide Pounds, etc.

CHAPTER III.

An Act Establishing District and Precinct Pounds and Prescribing Regulations for Conducting the same, and for Disposing of Estray Animals.

(Approved February 13th, 1872.)

SECTION 1. Be it enacted by the Governor and Legislative County Courts Assembly of the Territory of Utah, That the County Court of each County is hereby authorized to provide and keep in constant repair a good and substantial Pound in each Precinct, and furnish suitable blank-books for the use of the Pound-keepers as hereinafter provided.

Appointment

of Poundkeeper.

SEC. 2. Each County Court shall, at its March term, 1872, and biennially thereafter at the March term, appoint a Pound-keeper for each Precinct in which a pound may be provided, who shall take an oath of office, and file bonds, with approved security, conditioned for the faithful performance of the duties Qualification. thereof; the amount of bond and approval of securities shall be determined by the County Court, and the bond filed with the Clerk of the County Court. Said Pound-keeper's term of office shall continue until his successor shall be appointed and qualified.

Duration of office.

SEC. 3 Each County Court shall designate one and

Pounds.

not more than four Precincts in the County, where Number of animals delivered pursuant to this Act shall be taken and disposed of, as hereinafter provided, and said Precinct Pounds shall be known in this Act as District Designation. Pounds, and the keepers thereof as District Poundkeepers.

SEC. 4. Each Precinct Pound-keeper shall receive Duty of Poundand take good care of all animals committed to his keeper. charge, and use due diligence to find the owner or owners thereof, by record of brands and otherwise, and shall receive and file all bills of damage, duly presented, and enter the amounts in the Pound book, which shall be open to the inspection of the public; he shall not deliver any animal to the owner until all costs and damages are paid or satisfactorily arranged for.

istered.

SEC. 5. Any animal remaining unclaimed two days Unclaimed anifrom the time of commitment, shall be registered in mals to be regthe Pound book, which registration shall set forth when received, from whom, where found, amount of damage done, kind of animal, approximate age and color, stripes, marks, brands and such other description as may aid the owner to find his animals; true copies of which the Pound-keeper shall post up, within Posting nothree days from the time of its being impounded, in tices. two of the most conspicuous places in his Precinct, stating that if it be not claimed and taken away within five days thereafter, said animal will be forwarded to Animals to be the nearest District Pound as provided in Section three delivered to of this Act. It shall be the duty of said Precinct Pound. Pound-keeper to deliver to the District Pound-keeper all animals remaining unclaimed as above set forth, together with all bills of costs and damages that may have accrued thereon.

District

records, etc.

SEC. 6. The District Pound-keeper shall receive and District Pound receipt for all animals delivered to him by Precinct keeper to keep Pound-keepers, and enter upon his registry when said animal or animals were received, from what Pound or person, amount of damage and cost, together with a full and complete description of each animal, including marks, brands and approximate age.

SEC. 7. Each Pound-keeper shall provide forage or Duties of Dispasturage, or place said animals in the care of a re- keeper.

trict Pound

Proceeds of sale.

sponsible person, and the Pound-keeper of each District Pound shall forthwith advertise for sale by posting notices in two of the most conspicuous places in his District and by advertising one or more times in some newspaper having general circulation in this Territory, all animals delivered to him by Precinct Pound-keepers, and such as may have been in his custody, as provided in Section five of this Act.

Said notices shall state the time and place of sale, Notice of Sale. and that if not claimed and taken away within ten days from the date thereof, he will expose them at public sale and sell them to the highest responsible bidder, the proceeds of said sale, after deducting costs and damage, he shall pay into the County Treasury, subject to the orders of the owners of said animals, if applied for within six months from the date of sale; if not applied for by the owners within that time, the Treasurer shall pass the same to the credit of the Common School fund in his County.

Appraisal of damages.

als.

SEC. 8. All damages done by any animal trespassing shall be forthwith appraised by any disinterested voter, who may make a reasonable charge for such service. Said appraisal shall set forth in writing, the time and place of the damage, the name of the person so damaged, and, if known, the name of the owner of the animal, and, so far as may be, the kind and description of the animal; which amount if not paid or satisfactorily arranged for by the owner, or if the owner be not known, shall, together with the animal, be placed under the charge of the Precinct Pound-keeper;

Provided, That if the owner deem the appraisal too New Apprais high, said owner may choose another appraiser, who, with the first, may make a new appraisal, or when they cannot agree, they two may choose a third, and they proceed and make another appraisal.

Any person

SEC. 9. Any animal found doing damage may be taken up by any person, and if the owner cannot be found, or if found shall refuse to pay all cost and may take up damage, said animal shall be forthwith taken to the Precinct Pound, and delivered to the keeper thereof, and said animal may be holden and sold as provided in this Act.

cattle.

SEC. 10. Any person other than a Pound-keeper

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