Act 1060, § 5

ESTRAYS.

animals shall within ten days thereafter commence, in the proper court, suit against the taker-up for the recovery of the possession of such estray animal or animals, in which said action the taker-up may set forth his expenses and costs, and said matter, together with accruing expenses and costs to the time of the entry of the judgment, shall be determined by the court in accordance with the provisions of this act, and the amount of all such expenses and costs, and the costs of said action shall be included in any judgment awarded by said court, and such costs in said action shall be in favor of the plaintiff in said action and against said defendant, if the court shall find that the amount tendered by the plaintiff to the defendant was not less than the proper amount; otherwise said costs shall be in favor of the defendant and against the plaintiff. Without the consent of defendant in any such action, no return of such animal or animals shall be adjudged until the plaintiff shall pay to defendant or deposit in court payable to him, the amount of all such expenses and costs in said action; and in case such payment or deposit be not made within ten days after the same shall have been determined by the court, or said action be not prosecuted with diligence, then the said action may be dismissed on motion of defendant without notice; in case of such dismissal, the In any such defendant shall have judgment for his costs. action for plaintiff to recover, it shall be incumbent on him to establish an existing right in himself to the possession of such animal or animals.

Sec. 5. If no person appears and claims the animal or animals taken up within thirty days after the filing of the notice herein before mentioned in section three of this act; or if a person does appear and claim the animal or animals taken up within thirty days after the filing of the notice above referred to, but shall fail to pay to the taker-up the expenses and costs as provided in section three of this act, and shall fail to commence and prosecute with diligence an action for the recovery of the possession of such estray animal or animals within the time required by section four of this act; or if said action shall be dismissed; then the taker-up shall, in writing, notify a constable, or other officer of the township or county in which said animal or animals are held, which notice shall specify that he has complied with all the provisions of this act, and that a claimant of said animal or animals has failed to appear and claim the same as herein provided, or if he

ESTRAYS.

Act 1000, §§ 6-9

has appeared that he has failed to pay the expenses and
costs and has failed to commence or prosecute with diligence
an action for the recovery of the possession of such animal
or animals within the time and in the manner provided for
in this act, or that said action has been dismissed, and that
such animal or animals are held by him subject to sale.
Said constable, or officer, shall immediately proceed to sell
such animal or animals at public sale, in conformity with
the law concerning sales on execution, and shall be entitled
to the same fees as are provided by law for sales under exe-
cution.

Sec. 6. Out of the money realized
estrays, the constable or other officer shall first retain
from the sale of
his fees; he shall then pay to the taker-up his expenses
and costs estimated as provided in section three of this
act, or so much thereof as the funds in his hands will
permit, and the surplus, if any, he shall pay to the county
treasurer, to be held by him for the owner of the estray
or estrays for which it was received in payment. If any
person or persons shall, within one year thereafter, prove
to the satisfaction of the board of supervisors of the county
in which the estray or estrays were sold, that he or they
are entitled to the sum so held by the county treasurer, or
any part thereof, the said board of supervisors shall or-
der such sum to be paid over to the person or persons; and
if not so proven within one year, then the same shall be-
come a part of the common school fund of said county.

Sec. 7. All sales made by any constable, or other offi
cer, under the provisions of this act, shall convey a good
and valid title to the purchaser, and the owner of the estray
or estrays so sold shall thereafter be barred from all right
to recover the same.

Sec. 8. The taker-up of an estray animal or animals shall use reasonable care to preserve the same from injury, but if an estray animal or animals die or escape from the possession of the taker-up at any time while he is holding the same under the provisions of this act, the taker-up shall not be held liable in any manner on account of such animal or animals.

Sec. 9. Nothing in this act shall affect the laws or regulations in force or which may be in force regarding estrays, the poundkeeper, or other pound officer within the limits of any city or town where laws regarding estrays are

in force.

Sec. 10. All other acts and parts of acts relating to estrays now in force are hereby repealed.

Sec. 11. This act shall take effect from and after its

passage.

This act and the act of 1897, 198, repealed all prior acts relating to estrays. Many of these acts are here enumerated. For acts relating to any particular county, see the particular county.

ACT 1061.

To prevent the trespassing of animals upon private property. [Stats. 1855, 70.]

Acts relating to trespassing animals

19. This act

were continued in force was however repealed by the by Political Code, sec. general repealing clauses in the acts of 1897, 198, and 1901, 603. ACT 1062.

Concerning estray animals. [Stats. 1856, 186.]

See note to act 1061.

АСТ 1063.

To prevent stallions from running at large in Sacramento County. [Stats. 1859, p. 149.]

"Extended and amended 1860, 107;

1869

1865-6, 327; 1867-8, 70; 70, 68; 1873-4, 228. As to penal clauses, repealed by sec. 6, Penal Code; and as to other provisions, probably repealed by estray law of 1897, p. 198, and 1901, p. 603."-Code Commissioners' Note.

This act was extended by later acts to the following counties: Sutter, Alameda, Yuba. El Dorado, Placer, Santa Cruz, Calaveras, Amador, Santa Clara, Mariposa, Merced, Yolo, Stanislaus, Butte, Mendocino, Shasta, Colusa, Tehama, Sonoma, Siskiyou, Plumas, Sierra, Monterey, San Mateo, Soncma, Nevada, Alpine, and Mono.

АСТ 1064.

Trespassing animals in the counties of Los Angeles, San Diego, and Monterey. [Stats. 1871-2, p. 99.]

Amended 1871-2, 241. Repealed as to Monterey County, 1871-2, 566. Extended to Inyo County, 1871-2, 668, chap. CDL. Repealed 1897, 198, and 1901, 603, relating to estrays.

АСТ 1065.

Preventing hogs running at large in Susanville, Lassen
County, Sutter Creek
township number two, Amador
County, and Oroville, Butte County. [Stats. 1871-2,

p. 510.]

See Statute of 1897, 198, sec. 9.

ACT 1066.

To protect agriculture and prevent trespassing of animals on private property. [Stats. 1871-2, p. 563.] Probably superseded by 1897, 198; 1901, 603, chap. CXCVII, relating to estrays.

ACT 1067.

Protecting agriculture and preventing trespassing of animals. [Stats. 1873-4, p. 50.]

Supplemented 1873-4, 179, 474, 705, 824.

Cal. Rep. Cit. 51, 298; 53, 146.

"Unconstitutional. in so far as it authorizes justices to enforce a llen. (Young v. Wright, 52 Cal. 407; Sutherland v. Sweem, 53 Cal. Repealed 1877-8, 176. (Hanley v. Sixteen Horses, 97 Cal. 182.)"'Code Commissioner's Note.

ACT 1068.

Hogs running at large in certain towns.

Repealed, 1897, 198.

p. 904.]

[Stats. 1873-4,

This act prevented hogs running at large upon lands included in any townsite which had received a patent under congressional grant.

ACT 1069.

Stanislaus, Fresno, and Sutter counties, protection of agriculture in, and prevention of trespassing of animals upon private property. [Stats. 1875-6, p. 373.]

Repealed 1897, 198.

ACT 1070.

To prevent hogs and goats running at large on certain lands. [Stats. 1875-6, p. 644.]

Amended 1877-8, 85. Superseded 1897, 198.

This act forbade the running at large upon any townsite receiving patents under act of congress.

ACT 1071.

Concerning trespassing of animals upon private lands in certain counties. [Stats. 1877-8, p. 176.]

Amended 1877-8, 878. Superseded by the estray laws of 1897, 198, and 1901, 603.

This act applied to parts of San Bernardino, El Dorado, and Tehama countles, and to all of Alpine, Humboldt, Merced, Solano, Santa Barbara, San Joaquin, San Luis Obispo, and Sacramento counties.

ACT 1072.

Buck goats, to prevent running at large.

p. 437.]

[Stats. 1877-8,

Probably superseded by estray acts of 1897, 198, and 1901, 603.

ACT 1073.

Relating to estrays, and repealing all other acts and parts of acts now in force relating to estrays. proved March 27, 1897. Stats. 1897, 198.] [Stat. apRepealed 1901, 606.

Acts 1078-1093

ACT 1078.

ETNA-EXPLOSIVES.

TITLE 150.
ETNA.

Town of, incorporating. [Stats. 1877-8, p. 261.]
See title Rough and Ready, post.

АСТ 1083.

TITLE 151.
EUREKA.

To incorporate. [Stats. 1859, 192.]

Amended 1862, 55; 1863-4, 165; 1871-2, 186; 1873-4, 91. Supplemented 1875-6, 233. Amended 1875-6, 334.

Superseded by the charter of Eureka, Stats. 1895, 356-405.

ACT 1084.

Incorporation of. [Stats. 1873-4, p. 91.]

Supplemented 1875-6, 333. Amended 1875-6, 334. Repealed by charter of Eureka 1895, 356.

АСТ 1085.

To legalize the survey of Clark's addition to. [Stats. 1869

АСТ 1086.

70, 395.]

To cede property to Eureka. [Stats. 1857, p. 76.]

This act ceded to Eureka the entire water-front of the town.

АСТ 1087.

a

Common council of to sit as board of equalization. [Stats. 1877-8, p. 184.]

Superseded by charter of Eureka, 1895, 356.

ACT 1088.

To establish a police court in. [Stats. 1895, p. 90.]

Superseded by charter, 1895, 376.

АСТ 1093.

TITLE 152.
EXPLOSIVES.

An act to protect life and property against the careless and malicious use or handling of dynamite and other explosives.

[Approved March 12, 1887; 1887, 110.]