Did you know?
That the following act was approved at the
Thirteenth Session of the Idaho Territorial Legislature:
IDAHO COUNTY – HOGS
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:
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.
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.
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.
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.
All acts and parts of acts in conflict with the provisions of
this act are hereby repealed.
This act to take effect and be in force from and after its
approval by the Governor.
Approved January 24, 1885