112 



STATE DEPARTMENT OF AGRICULTURE. 



Sheriff to 

 post copy 

 of summons. 



Clerk to 



enter 



default. 



District 

 court open 

 for purpose 

 of entering 

 judgment. 



Continu- 

 ance of 



SEC. 7. Such summons shall be served by the sheriff of the 

 county, by posting a copy thereof at the courthouse door of the 

 county, and the time in which an answer on the part of the 

 defendant animal must be made is any time within ten days 

 after such service by posting as aforesaid, and the effect of such 

 service of summons shall be that all owners of and any person 

 having any interest in any of such defendant animals are to be 

 as conclusively bound by all the proceedings to be had in the 

 case as though all such persons had been made parties to the 

 suit and personally served with summons. Any person inter- 

 ested in any property sued may appear and defend as to such 

 property ; provided, that the name of any such person so 

 appearing shall be entered as a defendant, and if the plaintiff 

 recover judgment against such property, and the same does not 

 sell for sufficient to pay the same, the unpaid balance may be 

 docketed as a personal judgment against such person so 

 appearing. 



SEC. 8. If no answer is filed within ten days after the day 

 on which the summons has been posted, then the clerk of the 

 court shall enter the default of the defendant animals so failing, 

 upon proof being filed of the fact of posting of summons by the 

 return of the sheriff indorsed thereon to that effect. 



SEC. 9. In direct actions against trespassing animals, when 

 the damage claimed is less than fifty dollars and the value of 

 the property sued is less than said sum of fifty dollars, and 

 the complaint in the case is verified, and the defendant makes 

 default, then and in such cases the said district court is always 

 open for the purpose of entering judgment upon such default, 

 though the judge of the court may be absent from the county 

 where the action is pending or presiding in another court in a 

 different county, and upon such verified complaint, return of 

 sheriff, and summons, certificate of entry of default by the 

 clerk, and the depositions of witnesses on the part of plaintiff to 

 be taken before the clerk of the court, after posting notice of 

 taking such depositions two days at the courthouse door, the 

 court shall, upon application of plaintiff, if the court is satisfied 

 that from the proof the plaintiff is entitled to recover, render 

 judgment, within two days after receipt of the papers in the 

 case by the judge, for such amount as may be just, in favor of 

 the plaintiff, and transmit the same to the clerk of the court, 

 who shall enter it in the judgment book of the court, and there- 

 after the plaintiff may cause an execution to issue upon the 

 same. If the 'Court has any reasonable doubt as to the merits of 

 plaintiff's case, it shall be his duty to order the same to be con- 

 tinued for a hearing to such time as the court may fix, when the 

 same can be tried in regular term, with the witnesses in open 

 court. 



SEC. 10. The plaintiff may procure an attachment against 

 the property defendant in an action in rem, under this act, 

 in the same manner as in cases where the owner is sued, and 

 the undertaking on attachment shall inure to the benefit of the 



