Did you know?

That the following act was approved at the Thirteenth Session of the Idaho Territorial Legislature:


An Act Regulating hogs trespassing in the county of Idaho, from the first day of June to the first day of November.

Be it enacted by the Legislative Assembly of the Territory of Idaho, as follows:

Section 1.  That any hog or hogs found trespassing on the premises of any person or persons in the County of Idaho, whether enclosed in a lawful fence or not, from the first day of June to the first day of November of each year, the rightful occupant or proprietor of such premises may take up and safely keep, at the expense of the owner or owners thereof, any such hog or hogs so found trespassing, and hold the same until the payment of the expense and damage by them created has been made by the owner or owners thereof.

Section 2.  Any person or persons taking up a hog or hogs, under this act, shall immediately thereafter write out three notices, in a plain, legible hand, giving a correct description of each and every hog so taken up, with marks and brands, if any, on said hog or hogs, and the time and place of taking up, and shall proceed at once to post up said notices in a good and substantial manner in three conspicuous places in the precinct in which said hog or hogs have been taken up.

Section 3.  If the owner and taker up of such hog or hogs can not agree as to the amount of damage so created, they shall call upon (one each) disinterested persons residing in the precinct where such trespass has been committed, who shall, after first hearing all the facts in the case from both parties interested, fix the amount of damages, if any, to be paid, and the same shall be lien upon such hog or hogs until paid by the owner.  And if said amount is not paid within five days, together with the costs of keeping said hog or hogs, the taker up shall proceed to notify the constable of the precinct, whose duty it shall be to sell such hog or hogs at public auction on the premises where they were taken up, after first giving five days’ notice, in the manner prescribed by Section 2 of this act, for notices, and the proceeds of such sale shall be applied first to the payment of the constable’s fees, which shall be the same as on execution, second, the payment of the award and subsequent charges for keeping, to the taker up of such hog or hogs, and the remainder, if any, shall be paid to the owner or owners of such hog or hogs.  Provided, that either party feeling aggrieved by the award, shall have the right to appeal to any Justices or Probate Court within the county, within five days after said award.  Provided further, that the parties so appealing shall find a good and sufficient bond for the payment of all costs and expenses arising from said appeal.

Section 4.  If the owner or person entitled to the possession of such hog or hogs does not appear and substantiate his title thereto and pay the charges thereon, in ten days after notice has been given, as provided in Section 2 of this act, such hog or hogs shall be sold by the sheriff or constable of the county at public auction, upon first giving public notice thereof in writing, by posting the same in three of the most public places in the precinct where such hog or hogs may have been taken up, ten days before the sale.  After deducting all the lawful charges of the taking up and the fees of the officers, which shall be the same as on execution, the remaining proceeds of such sale shall be by said officer selling, paid to the County Treasurer, taking his receipt therefore, which he shall immediately file with the Auditor and Recorder of the county, and if at any time within six months after the filing of said receipt the owner or owners shall make satisfactory proof to the Board of County Commissioners that he or they were the lawful owner or owners of hog or hogs at the time they were taken up and sold, the Board of County Commissioners shall direct the Auditor and Recorder to draw a warrant on the County Treasurer in favor of such party for the amount paid to such County Treasurer from the proceeds of the sale of such hog or hogs as shown by the receipt of said Treasurer.

Section 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Section 6.  This act to take effect and be in force from and after its approval by the Governor.

Approved January 24, 1885





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