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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)
The owner of any trespassing animals sold under the provisions of this chapter may, at any time within ninety (90) days of the date of the sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to the purchaser or assignee the sum for which the animals were originally sold together with ten percent (10%) additional, and a reasonable compensation for the care and keeping of the same. If the purchaser or assignee refuses to give the animals to the owner providing his title to the same and on his tendering the amount due as provided in this chapter, the owner may maintain an action at law to recover the same; provided, that the purchaser or any assignee who has disposed of the animals shall not be liable to the owner of any amount. If no redemption of such animals is made within ninety (90) days after the date of the sale, then the sale shall be absolute and shall vest the title to the animals in the purchaser or his assignee. Any person selling or disposing of an animal within ninety (90) days of the sale thereof, under the provisions of this chapter, shall notify the purchaser of the amount paid for the animal at that time, and if he fails to do so he shall be liable for any loss that may accrue to the purchaser by reason of the animal being redeemed for a less amount than he paid therefor. (1986 Code)
If any strays or trespassing animals sold under the provisions of this chapter shall, within a period of six (6) months immediately ensuing after the date of the sale thereof, be claimed and proved to be the property of any person, it shall be the duty of the treasurer at the expiration of such time to pay the money received for such animals to the owner thereof less the amount of damages and the expense of taking, keeping and selling the same; but in the event that the animals are not claimed as aforesaid, then such money shall become the property of the city; provided, that in case there is a contest between two (2) or more persons claiming to be the owners of such animals, the treasurer shall pay residue to the party who shall establish by action his right to the same. (1986 Code)
The poundkeeper shall keep an accurate record of all trespassing animals received by him, which shall contain the names of the injured party and the owners of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. Such records shall be open for inspection at all reasonable hours. (1986 Code)
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