Result.

SEC. 18. The said ballots shall be returned, counted, and canvassed in the same manner as the ballots at the general election for state and county officers are returned, counted, and canvassed; and if a majority of all the votes cast on said proposition should be "Trespass Law-Yes," then this act shall immediately take effect in the county so voting.

Exemption.

SEC. 19. This act shall apply to the following counties: San Francisco, San Mateo, Alameda, Yolo, Contra Costa, Marin, Napa, Merced, San Joaquin, Solano.

Repealed.

SEC. 20. An act entitled "An act to protect agriculture and to prevent the trespassing of animals upon private property in the county of Los Angeles, and in the county of San Diego, and part of Monterey county," approved February fourteenth, eighteen hundred and seventy-two, so far as the provisions of the same apply to the county of Monterey or any part thereof, is hereby repealed.

This act was modified as to San Mateo county by act of March 9, 1876; 1875-6, 173; see post. Colusa county.-An act to protect agriculture and to prevent the trespassing of animals

in the county of Colusa, approved March 28, 1872; 1871-2, 685. This act was amended by act of March 28, 1874; 1873-4, 760.

Fresno, Tulare, Kern, Ventura, Santa Barbara, San Luis Obispo, Monterey, Napa, San Benito, and Inyo counties.

An Act to protect agriculture and to prevent the trespassing of animals upon private properly in the counties of Fresno, Tulare, Kern, Ventura, Santa Barbara, San Luis Obispo, and Monterey.

[Approved February 4, 1874; 1873-4, 50.]

Animals to be restrained.

SECTION 1. Any owner, or any occupant of any land or possessory claim, finding any horse, mare, colt, mule, jack, jenny, horned cattle, hogs, sheep, or goats, or any number of such animals, upon such land or possessory claim, whether such land or claim be inclosed or not, may take up and safely keep such animal or animals at the expense of the owner or owners, and shall be allowed for keeping said animal or animals the following-named sums: For each horse, mare, colt, mule, jack, or jenny, the sum of twenty cents per day; for each head of horned cattle, the sum of twenty cents per day; and for each head of swine, sheep, or goats, the sum of five cents per day.

Notice given-Tender-Delivery.

SEC. 2. Any person taking up animals under the provisions of this act shall, immediately upon the taking up of such animals, notify the owner or owners of such animals, or his, her, or their agent or agents, if known to him, and living within six miles of the place where such animals were taken up, of the time and place of such taking up, together with the number, character, and description thereof; also, as nearly as he can, the marks and brands, if any, of each animal; and such owner or owners, his, her, or their agent or agents, may, at any time after the receipt of such notice, and upon proof of ownership, tender the amount of damages claimed, and demand the delivery into his, her, or their possession, of such animals; and if suit shall have been commenced, such tender may be to the justice or judge before whom such suit is brought, or the owner or owners may give bonds with sureties, to be approved by the justice or judge trying the case, for the payment of all damages and costs of suit. and may demand the

release and delivery into his or their possession, of all animals held under the action, and the judge or justice shall order the immediate delivery of such animals; but if no owner, owners, or agents of owners appear within two days to claim said animals, or if he or they appear and fail to pay satisfactory damages, or if the owner is unknown to him or her, or lives more than six miles from the place of taking up, then if the compensation and damages claimed be less than three hundred dollars ($300), the taker-up of such animals shall, within two days, file a written complaint, verified by his or her oath, with the nearest acting justice of the peace, in the township where such animals were taken up; or if the amount of compensation and damages claimed be more than three hundred dollars, then in the district court of said county setting forth in said complaint the facts, nature, location, and amount of the damages claimed, and a description of all animals so taken up, the number, the marks and brands, if any, and the supposed value of each animal, or the supposed aggregate value of such animals, and the time and place of taking up. The action shall be in favor of the owner or owners, or occupants of said lands or possessory claims, and against the property in rem; and any action thus commenced, may include all the animals thus found trespassing at any one time, whether of one or more marks or brands; and no judgment shall be entered under the provisions of this act for damages done, except upon the testimony of at least two credible witnesses, whose names shall be entered in the justice's docket, or in the minutes of the court in which the action is had.

Summons-Service-Recorder's duties.

SEC. 3. Upon the filing of the complaint a summons shall be issued, and if said action be in a justice's court, shall be made returnable not less than fifteen nor more than twenty days from the date of issuance, and directed to all owners and claimants of the property described, and shall contain a description of each animal, with its marks and brands, if any. The summons shall be served by posting a copy of the same at the door of the room where said justice or district court is held, for ten days before the return day thereof, and also at the same time by filing a copy of such summons with the recorder of said county; but the recorder shall not file the copy of summons until the payment of a fee of one dollar; and it shall be the duty of said recorder, on payment of his fee of one dollar, to forthwith compare the marks and brands, if any, described in said summons, with the record of marks and brands in his office, and thereupon to notify the owner or owners of such marks and brands of the fact of the pendency of such action, and of the time and court when and where the same is set for hearing. The certificate of the officer stating the facts of such posting and filing, or the affidavit of any person competent to be a witness, who shall have so posted and filed, shall be conclusive evidence of a sufficient service thereof; provided, that in any case when any animal or animals, seized under this act, are alleged in said complaint to be worth fifty dollars or more, it shall be the duty of the county recorder to cause publication to be made of the fact and time of seizure, and marks and brands, with a description of the animal or animals, in a newspaper of the county, at least ten days before the sale, the newspaper in which all such notices are to be made to be designated, and the rates of publication to be fixed, by the board of supervisors of the county. Sale.

SEC. 4. If the judgment be in favor of the plaintiff, the property may be levied upon and sold as other personal property seized on execution. The officer sell

ing shall give a bill of sale to the purchaser, describing the animal or animals sold, and to whom, and the price paid for each, and referring to the judgment under which such sale was made. Any overplus of the proceeds of such sale, after satisfying the judgment and costs, shall be paid by the justice or clerk to the owner of the property, upon demand, if demanded within six months from the date of sale; and if not so demanded, the same shall, at the expiration of said time, be paid into the county treasury, for the benefit of the county school fund; and the owner may also redeem any animal or animals sold under the provisions of this act at any time within sixty days after the sale, by producing satisfactory proof of ownership, and paying the purchaser the amount of purchase money in gold coin, with interest at the rate of two per cent per month; but if no redemption be made within sixty days, such bill of sale shall be conclusive evidence of title in favor of purchaser of the animal or animals therein described.

Fees.

SEC. 5. The fees of all officers for services required under this act shall be the same as now allowed by law for similar services in other civil actions, and shall be taxed as costs in the judgment.

Records of sales, etc.

SEC. 6. The justice and clerk shall keep a book, which shall be open to public inspection, and shall record therein all sales made pursuant to any judgment rendered in their respective courts under the provisions of this act, which record shall contain a description of the animals sold, the prices paid, the name of the purchaser, the amount of fees and charges, and the amount of surplus money, if any, arising from each sale, and whether any animal or animals have been redeemed; and if such surplus money shall be received by the owner of any animal, he shall receipt for it in the margin opposite such record, and the justice or clerk, shall, without fee, deliver such book to his successor in office, and also all surplus money in his hands arising from any sale made by authority of this act, taking his receipt therefor.

Felony and misdemeanor.

SEC. 7. Any person who shall drive stock from any lands or possessory claim other than his own, to any other lands or possessory claim, or shall take up any such animal or animals on any land or possessory claim other than his own, for the purpose of taking advantage of any of the provisions of this act, shall be deemed guilty of a felony; and any person who shall fail or neglect to give the notice required by the second section of this act, or shall rescue or take from the possession of the taker-up any animal or animals, without first having paid the compensation, fees, and damage claimed or awarded, and any officer violating any of the provisions of this act, shall be deemed guilty of a misde

meanor.

Action.

SEC. 8. The owner or occupant of any land or possessory claim, whether inclosed or not, independent of the foregoing provisions of this act, and if he fail to avail himself thereof, may maintain an action; provided, such action be commenced within sixty (60) days in any court of competent jurisdiction against the owner of, or person having the control of, any of the animals named in section one, for any damage such animals may commit upon his said land or claim; and if judgment be rendered in his favor, it shall be entered for the amount of the actual damage proved.

Construction.

SEC. 9. Nothing in this act shall be so construed as to prevent the free use for grazing purposes of all unoccupied lands not taxed; provided, that each actual settler, who shall have a prima facie title to the land upon which he is settled, shall be protected in the possession of one hundred and sixty acres, and residence on the land shall be considered prima facie title; and provided further, that said one hundred and sixty acres shall be marked and defined by visible and well-defined monuments.

SEC. 10. All acts and parts of acts in conflict with this act are hereby repealed, so far as the same apply to the territory embraced in the provisions of this act; provided, that this repeal does not include or affect any act or acts requiring railroads to be fenced, and all such acts shall remain in force.

Where to take effect.

SEC. 11. This act shall take effect and be in force in the counties of Santa Barbara, Ventura, Fresno, and in all that portion of Tulare county embraced within the following boundaries, to wit: On the north by Fresno county line, on the east by the San Joaquin valley railroad, on the south by Cross creek, and the west by Tulare lake, and upon all cultivated lands, fenced or unfenced, in said Tulare county; all lands plowed and sown within twelve months last past shall be deemed cultivated lands; and in all that portion of Kern county embraced within the following boundary lines, to wit: Commencing at the north-east corner of section nine, township twenty-nine south, range twentyeight east, of Mount Diablo base and meridian, and running thence west six miles to the north-west corner of section ten, township twenty-nine south, range twenty-seven east; thence south about four and three quarter miles to the south bank of Kern river; thence down said Kern river three miles to the common corner of townships twenty-nine and thirty south, ranges twenty-six and twentyseven east; thence in a north-westerly direction along the channel of New river about six miles to the intersection of said channel with the range line between ranges twenty-five and twenty-six east; thence south one-half mile to the common corner of townships twenty-nine and thirty south, ranges twenty-five and twenty-six east; thence west seven miles to the north-west corner of section one, township thirty south, range twenty-four east; thence south on section line to the intersection of said line with Buena Vista slough; thence along the east bank of said slough a distance of about five miles to its intersection of section line between sections eight and seventeen, in township thirty-one south, range twenty-five east; thence in a south-easterly direction, following the meander lines of the swamp-land bordering upon the north of Buena Vista and Kern lakes, and the slough connecting said lakes, to the south-east corner of section. twelve, township thirty-two south, range twenty-seven east; thence east three miles, to the south-east corner of section nine, township thirty-two south, range twenty-eight east; thence north nineteen miles, to the place of beginning; from and after the twentieth day of February, A. D. eighteen hundred and seventyfour, and shall take effect and be in force in all those portions of Tulare and Kern counties (not above described), and in the counties of San Luis Obispo and Monterey, on the twenty-fifth day of June, A. D. eighteen hundred and seventy-four.

The foregoing act was supplemented so as to take effect in a portion of Fresno county by act of February 27, 1874; 1873-4, 179. See also act of February 15, 1876; 1875-6, 57.

It was extended and made applicable to San Benito county by act of March 18, 1874; 1873– 4, 474.

It was extended and made applicable to Napa