LAWS RELATING TO ANIMAL INDUSTRY. 113 



owner of the property defendant if plaintiff fail to recover in 

 the action. 



SEC. 11. When the plaintiff recovers in an action against court to fix 

 the trespassing animals, the judgment of the court shall fix damages?' 

 the amount due the plaintiff for damages and costs, and if any 

 person has appeared for the defendant property, the name of 

 such person, and shall direct that the defendant property be 

 sold according to law and the proceeds thereof applied to the 

 payment of the expenses of such sale, the amount due plaintiff, 

 and the costs in the case, and that any overplus there may be 

 be paid into court. 



SEC. 12. Any such overplus so paid into court shall be overplus, 

 paid to the party in good conscience entitled thereto, upon an 

 order of court made for that purpose. 



SEC. 13. Any person injured by a violation of section one Payment for 

 of this act, may, at his option, distrain and take into his Sw made, 

 possession any trespassing animal or animals and keep the 

 same two days without instituting any legal proceedings under 

 this act, so that he may have proper time in which to make the 

 necessary inquiries as to the ownership of the animals and to 

 determine which remedy given herein he is entitled to; but 

 the owner, or any person having special property in the animal 

 distrained, shall be entitled to the same upon tendering to 

 the distrainer the amount of damage done or an undertaking, 

 with two good and sufficient sureties, in double the amount 

 claimed by the distrainer for damages and cost of keeping, con- 

 ditioned that he will pay to the distrainer all damages he has 

 sustained by reason of such trespass, together with a reason- 

 able sum for care and feed of the animals while distrained, 

 and costs of suit; and as between the parties tendering and 

 receiving such undertaking, such tender and receipt is con- 

 clusive evidence that the party tendering is the owner of the 

 animals distrained and legally chargeable with any damage it 

 may have done to distrainer. 



SEC. 14. In all other matters than- those in which a 

 different rule is herein prescribed the course of procedure 

 prescribed in the Code of Civil Procedure shall prevail in suits 

 brought under this act. 



SEC. 15. Whenever any animal is lawfully distrained Care and 

 under section thirteen of this act, then the distrainer shall be distrained 

 entitled to recover -reasonable compensation for care and feed animals - 

 of such animal during .the time of such lawful distrainment; 

 and in actions brought under the provisions of this act, when 

 the plaintiff recovers, then a reasonable sum for keeping any 

 animal levied upon by attachment process or under execution 

 shall be allowed as costs of suit. 



SEC. 16. This act shall apply to all of that part of the Act made 

 county of San Bernardino, not embraced within the bounda- S certS? 

 ries of the Angeles national forest, and lying south of a line districts. 

 drawn due east and west from the Colorado river to the 

 western boundary line of said county, on the township line 



S-49649 



