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If the party distraining any animals shall fail to deliver them or the certificate of appraisement to owners of the animals, if known, a copy of the certificate of appraisement within twenty four (24) hours after he receives the same, or to deposit the same in the Post Office, as provided in this chapter, he shall not be entitled to recover damages under the provisions of this chapter. (1986 Code)
Whenever any animals are delivered to the poundkeeper, and the certificate of appraisement is filed with him as provided in this chapter and the certificate states that the owner is unknown, the poundkeeper shall immediately examine all brand books or brand sheets in his possession, and if the owner is ascertained thereby, or if the owner is already known to the poundkeeper, he shall, if the owner lives within ten (10) miles, immediately deliver a copy of the certificate of appraisement to the owner, or leave the same at his residence if he cannot be found; if the owner lives more than ten (10) miles away, the poundkeeper may, at his option, deliver the copy personally to the owner or deposit the same in the nearest Post Office in a registered letter addressed to the owner. He shall, however, serve the copy in one of the ways provided in this chapter; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient. (1986 Code)
As soon as any such animals are delivered to the poundkeeper, he shall immediately proceed to advertise the same as hereinafter provided, except when the owner is known and he has been notified in which case he shall hold the animals forty eight (48) hours before advertising the same. He shall advertise in a newspaper published in the County having general circulation in the County, by publishing a notice in at least one issue of the paper, and by posting notices in three (3) of the most public places in the City, one of which shall be at or near the Post Office, and shall deliver a copy of the same to the County Clerk, or send the same by deputy or by registered mail. The Clerk shall preserve the notice and post a copy thereof. The notice herein provided for shall state the time when the damage was done and amount thereof, the name of the party damaged, a description of the animals, including all visible marks and brands and the day, hour and place at which the animals will be sold, which shall be not less than ten (10) or more than twenty (20) days from the time of posting the notices; said notices may be substantially in the following form:
SALE OF ANIMALS FOR DAMAGE
In Mapleton City, State of Utah, County of Utah.
I have in my possession the following described animals, which, if not claimed and taken away will be sold at public auction to the highest cash bidder at the City Pound in this City, on the day of 20 , at the hour of .
(Description of Animals)
Said animals are held by me to secure the payment of $ damages done by said animals upon the premises of on the day of , 20 .
City Poundkeeper of Mapleton City
(1986 Code)
The owner of any trespassing animals taken up under the provisions of this chapter may, at any time before the sale thereof claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement and the accrued costs, and if such animals are included in a lot or group of animals belonging to other parties, against which the damages and costs are assessed as a whole, he shall pay his proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he owns when compared with the number of the entire lot or group. If he deems the appraisal too high, he may choose another appraiser having the qualifications provided in this chapter, who with the first shall make a new appraisal, and if they cannot agree they shall choose a third and the three (3) shall proceed to make another appraisal, and the decision of the majority shall be final. (1986 Code)
If the animals are not claimed and taken away by the owner, the poundkeeper shall, at the time and place set forth in the notice of sale, proceed to sell the animals one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the poundkeeper shall sell only enough of the animals to pay the damages and costs, and the remainder may be turned over to the owner at any time thereafter; but if the owner is not known, the pound master shall proceed to sell all of the animals so advertised for sale. He shall execute and deliver a bill of sale therefor. (1986 Code)
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