106 



STATE DEPARTMENT OF AGRICULTURE. 



Person 

 claiming 

 animal to 

 pay costs, 

 etc. 



Action over 

 costs, etc. 



which notice he shall be entitled to the sum of fifty cents. 

 (As amended, Stats. 1915, p. 637.) 



SEC. 3. At any time within thirty days from the date of 

 the filing of the notice specified in section two of this act, any 

 person claiming such estray animal or animals shall appear 

 and demand from the taker-up the possession thereof, and 

 shall, at the same time, pay the taker-up all damages, expenses 

 and costs incurred by reason of taking up such animal or ani- 

 mals, and upon receiving such damages, expenses and costs, 

 the taker-up shall immediately deliver to the party claiming 

 such animal or animals the possession thereof. Such damages, 

 expenses and costs shall be estimated as follows, to wit: 



1. The total amount paid by the taker-up to the county 

 recorder, or county poundkeeper. A reasonable cost for pub- 

 lishing said notice, and a reasonable attorney's fee for pre- 

 paring the said notice not to exceed two dollars and fifty cents. 



2. The sum of not to exceed fifty cents per day for the keep- 

 ing and care of each horse, mule, jenny, ass, cow, bull, ox, 

 steer, or calf. 



3. The sum of not to exceed fifteen cents per day for the 

 keeping and care of each sheep, goat, hog, or other animal not 

 hereinbefore specified ; provided, that the taker-up of said ani- 

 mal or animals must properly feed and water the same while 

 under his care; an'd if he fails so to do, shall forfeit all right 

 of lien thereon. (As amended, Stats. 1915, p. 637.) 



SEC. 4. If the party claiming such estray animal or ani- 

 mals is dissatisfied with the amount charged by the taker-up 

 for costs and expenses, he shall tender to the taker-up the 

 proper amount therefor, and if the said tender be refused, 

 the party claiming such estray animal or animals shall within 

 ten days thereafter commence, in the proper court, suit against 

 the taker-up for the recovery -of the possession of such estray 

 animal or animals, in which said action the taker-up may set 

 forth his expenses and costs, and said matter together with 

 accruing expenses and costs to the time of the entry of the 

 judgment, shall be determined by the court in accordance 

 with the provisions of this act, and the amount of all such 

 expenses and costs, and the costs of said action shall be included 

 in any judgment awarded by said court, and such costs in said 

 action shall be in favor of the plaintiff in said action and 

 against said defendant, if the court shall find that the amount 

 tendered by the plaintiff to the defendant was not less than 

 the proper amount; otherwise said costs shall be in favor of 

 the defendant and against the plaintiff. "Without the consent 

 of defendant in any such action, no return of such animal or 

 animals shall be adjudged until the plaintiff shall pay to the 

 defendant or deposit in court payable to him, the amount of 

 all such expenses and costs in said action ; and in case such 

 payment or deposit be not made within ten days after the 

 same shall have been determined by the court, or said action 

 be not prosecuted with diligence, then the said action may be 



