LAWS RELATING TO ANIMAL INDUSTRY. Ill 



tion, from the owner of, or person in the possession of, or person 

 chargeable with the care of, the trespassing animal or animals, 

 all damage sustained by reason of such trespass, together with 

 costs of suit. 



SEC. 3. For the purpose of allowing the plaintiff a better suit for 

 security for the payment of any judgment he may recover in jJoJT 868 ' 

 actions brought under the first two sections of this act, all the brought. 

 provisions of the Code of Civil Procedure of this state relating 

 to attachment process shall apply to such actions, subject only 

 to the modifications herein contained, to wit: Instead of filing 

 the affidavit on attachment required by sections five hundred 

 and thirty-eight and eight hundred and sixty-six of said code, 

 the plaintiff is entitled to the issuance of a writ of attachment 

 against the property of the defendant, upon filing his complaint 

 stating a cause of action, verified according to the law concern- 

 ing the verification of pleadings. 



SEC. 4. No animal is exempt from attachment or execution, ^ ons ' 

 levy and sale, to satisfy a judgment that may be rendered directed, 

 against the owner of such animal for trespass committed by 

 such animal. 



SEC. 5. When it is not known by the party injured to whom 

 the trespassing animal belongs, then and in that case the tres- 

 passing animal or animals shall also be liable for all damage 

 done by such trespass, which liability may be enforced in the 

 following manner: The party injured may bring an action in 

 rem in the district court of the county directly against the 

 trespassing animal or lot of animals trespassing at the same or 

 different times, whether of the same or different marks or 

 brands. The complaint shall describe the defendant animals to 

 a common certainty, and by marks or brands, if marked or 

 branded ; and in other respects shall state a cause of action, and 

 shall be verified. 



SEC. 6. The summons in an action in rem must be directed gde of ^ 

 to the defendant animal or animals by like description as in the cedure made 

 complaint, must be signed by the clerk of the court, issued apphc 

 under its seal, and must contain : 



First The name of the plaintiff, and a designation of the 

 defendant by like description as in complaint, the court in 

 which the action is brought, and the county in which the com- 

 plaint is filed. 



Second A general statement of the cause of action. 



Third A direction that an answer in the case must be made 

 to the complaint on file within ten days after a copy of the sum- 

 mons is posted at the courthouse door in said county. 



Fourth A notice that unless the defendant so answers, the 

 plaintiff will apply to the court for the relief demanded in the 

 complaint. 



