shall be filed in said district court at the time of the application for adoption. [C. L. § 2576*.

Cal. Civ. C. 226*.

7. Id. Decree. The judge must examine all persons appearing before him pursuant to the last section, each separately, and if satisfied that the interests of the child will be promoted by the adoption, he must make out an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting. [C. L. § 2578*.

Cal. Civ. C. 227.

8. Child takes family name. Status. A child, when adopted, may take the family name of the person adopting. After adoption, the two shall sustain the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation. [C. L. § 2579*.

Cal. Civ. C. 228.

9. Rights and duties of parents. The parents of an adopted child are. from the time of the adoption, relieved of all parental duties towards and all responsibility for the child so adopted, and shall have no rights over it. $ 2581.

Cal. Civ. C. 229.

[C. L.

10. Illegitimate child adopted by acknowledgment. The father of an illegitimate child by publicly acknowledging it as his own, receiving it as such with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such, and such child is thereupon deemed for all purposes legitimate from the time of its birth. foregoing provisions of this title do not apply to such an adoption. Succession of illegitimate child,

Cal. Civ. C. 230.

2833.

11. Adoption of deserted child. Whenever it is made to appear to the satisfaction of the district court of any county, that any minor child has been deserted by its parents or surviving parent, and that it has no legal guardian, it shall be lawful, with the approval of the district judge, for any person desirous of adopting the said child, to adopt the same, according to law.

Mont. Civ. C. 320.

TITLE 2.

ANIMALS.

CHAPTER 1.

ESTRAYS AND TRESPASSING ANIMALS.

12. Constable is poundkeeper. Brand books and sheets. The constable in each precinct in this state is hereby made ex officio the poundkeeper in such precinct, and is entitled to and is hereby made the custodian of all brand books and brand sheets pertaining thereto, which shall, at all reasonable hours. and without charge, be open to the inspection of the public. ['96, p. 580.

13. "Estrays" defined. All horses, asses, mules, and neat cattle of the age of one year or upwards found running at large, and upon which there is no brand, except sucking animals running with their mothers, and all such animals

that are branded, the owner of which cannot after a reasonable search be found, and which have been running at large on any range within the state for two years or more, and all hogs found running at large upon the premises of any person other than their owner, are hereby declared to be estrays and forfeited to the state. ['96, p. 580.

Trespassing animals, ? 20.

14. Impounding and disposal of estrays, generally. It is hereby made the duty of the poundkeeper of each precinct in the state to take into his possession and impound all estrays running within his precinct, and to dispose of the same as hereinafter provided. He shall in person or by deputy attend all general roundups in his precinct and take into his possession all estrays found thereat, and dispose of the same in the manner provided for the disposal of estrays in other cases. ['96, p. 580.

15. Notice of sale of estrays. As soon as any estrays come into the possession of the poundkeeper, he shall immediately advertise the same by posting notices for a period of ten days in three of the most public places in the precinct, one of which places shall be at or near the postoffice, if there be one in the precinct. He shall also immediately deliver a copy of such notice to the county clerk, or mail the same to him by registered letter. The county clerk shall upon receipt of said notice file and preserve the same in his office for a period of six months thereafter, and shall immediately post a copy thereof at the front door of the county court house. The notice so filed with the clerk shall be open during reasonable hours for inspection by the public, free of charge. The notice herein provided for shall contain a description of the animals including all marks and brands, when taken, and the day, hour, and place of sale, and may be substantially in the following form:

I have in my possession the following described estray animals which, if not claimed and taken away, will be sold at public auction to the highest cash bidder

day of

Description of animals.)

Said estrays were taken up by me in said precinct on the 189-.

day of

Poundkeeper for

precinct.

['96, p. 581.

Notice of sale of trespassing animals, ? 25. 16. Claimants. Sale. Bill of sale. If at any time before the sale of any estrays, such animals shall be claimed and proved to be the property of any person, the poundkeeper shall deliver them to the owner upon receiving from him the cost of impounding, keeping, and advertising the same. If the animals are not so claimed and taken away, he shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof, which bill of sale shall be substantially in the following form: I hereby certify that in pursuance of the law regulating the disposal of estrays and trespassing animals, I have this day sold to he being the highest bidder,

head of

brand and otherwise described as follows, to-wit:

for the sum of $branded with the state estray

The poundkeeper shall immediately file a copy of such bill of sale with the county clerk, or mail the same to him by registered letter. The copy so filed with the clerk shall be preserved for a period of two years and shall be open to inspection during all reasonable hours free of charge. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus transferred. ['96, pp. 581-2.

17. Record of estrays. The poundkeeper shall keep an accurate record of all estrays received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom so sold and the amount paid, all moneys paid to owners after sale, all moneys paid into the county treasury, and all other matters necessary to a compliance with the provisions of this chapter. The board of county commissioners of each county shall provide the poundkeeper of each precinct with a suitable book, in which shall be entered the records required by law to be kept by the poundkeeper. Such records shall be open to the inspection of the public at all reasonable hours, and shall be deposited by the poundkeeper with his successor in office. ['96, p. 582*.

Record of trespassing animals, ? 30.

TRESPASSING ANIMALS.

18. Local fence law. Any county, or precinct thereof, in the state may. at any general or special election called for that purpose by the board of county commissioners, by a vote of the majority of all the legal voters of such county or precinct, declare in favor of fencing farms and allowing domestic animals to run at large; and in such cases the provisions of this chapter authorizing the detention and sale of animals for damages shall be inoperative. ['96, p. 582*.

19. Lawful fence. It shall be the duty of the board of county commissioners, immediately after the passage of this chapter, to declare by ordinance what shall constitute a lawful fence for that county. ['96, p. 583*.

20. Trespassing animals. Damages. Impounding. If any neat cattle, horses, asses, mules, sheep, goats, or swine shall trespass or do damage upon the premises of any person, except in cases where such premises are not inclosed by a lawful fence in counties where a fence is required by law, the party aggrieved. whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals, or by distraining and impounding said animals in the manner provided herein; provided, that in cases where an action is brought for the recovery of such damages, none of the animals trespassing shall be exempt from execution, and the fees in such cases shall be but one-half the fees in other civil cases. ['96, p. 583.

Estrays, ? 13.

Where an owner has fenced in with his own lands tracts of government land in violation of an act of congress prohibiting the fencing of government land or obstructing free passage over the same, he cannot impound cattle which have been turned inside his inclosure by the owner. Buford v. Houtz, 5 U. 591; 18 P. 633; Taylor v. Buford, 8 U. 113; 29

P. 880. Affirmed, Buford v. Houtz, 133 U. S. 320. One holding possession of land in violation of the law cannot claim damages for trespassing animals. Id. The common law of England that every man must restrain his stock within his own land, not applicable to the sparsely settled portions of the west. Buford v. Houtz, 5 U. 591; 18 P. 133. Affirmed, 133 U. S. 320.

21. Id. Appraisement of damages. The owner or occupant of any property may distrain all of said animals trespassing or doing damage thereon. He shall within twenty-four hours thereafter deliver said animals to the poundkeeper of the precinct, together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested male citizen, a freeholder, over twenty-one years of age. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known it must state that fact, together with a description of the animals, including all

visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appears to belong to each of the different owners. In such cases the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. ['96, p. 583.

22. Id. Owner to be notified. The person distraining the animals must, if the owner of the same be known to him and if he resides within ten miles of the place of the trespass, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement; but if the owner does not live within ten miles of the place of trespass, the party distraining the animals may, at his option, deliver a copy of such certificate to the owner in person, or deposit the same in the nearest postoffice in a registered letter addressed to said owner. He shall be entitled to charge ten cents a mile one way for the first ten miles necessarily traveled in delivering such certificate, and five cents for each additional mile, to be taxed as costs against the animals. ['96, pp. 583–4.

23. Damages cannot be recovered, when. If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the poundkeeper within forty-eight hours, or shall fail to deliver to the owner of the animals, if known, a copy of the certificate of appraisement within twenty-four hours after he receives the same, or to deposit the same in the postoffice as herein provided, he shall not be entitled to recover damage under the provisions of this chapter. ['96, p. 584.

24. Where owner unknown. Duty of poundkeeper. Whenever any animals are delivered to the poundkeeper and the certificate of appraisement is filed with him as herein provided, and such 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 be ascertained thereby, or if the owner be already known to the poundkeeper, he shall, if the owner live within ten miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found; if the owner do not live within ten miles, the poundkeeper may at his option deliver such copy personally to the owner, or deposit the same in the nearest postoffice in a registered letter addressed to such owner. He shall, however, serve the copy in one of the ways provided herein; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent will be deemed sufficient. ['96, p. 584.

25. Notice of sale of trespassing animals. 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 has been notified, in which case he shall hold said animals forty-eight hours before advertising the same. He shall advertise by posting notices in three of the most public places in the precinct, one of which shall be at or near the postoffice, if there be one, 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 such notice and post a copy thereof as provided in section fifteen. The notice herein provided for shall state the time when the damage was done and the 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 such animals will be sold, which shall be not less than ten nor more than twenty days from the time of posting such notice; said notices may be substantially in the following form:

STATE OF UTAH,

COUNTY OF

SALE OF ANIMALS FOR DAMAGES.
In the

precinct of said county.

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

: (description of animals)

day of

189, at the hour of

Said animals are held by me to secure the payment of $- damages done by said animals upon the premises of

on the

Poundkeeper of

189-.

day ofprecinct. ['96, pp. 584-5.

Notice of sale of estrays, 2 15. 26. Owner may pay and take animals. Disputed appraisal. 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 herein provided, who with the first shall make a new appraisal, and if they cannot agree they shall choose a third and the three shall proceed to make another appraisal, and the decision of the majority shall be final. ['96, p. 585*.

27. Sale. Bill of sale. If such 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 such 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 said 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 be not known the poundkeeper shall proceed to sell all of said animals so advertised for sale. He shall execute and deliver a bill of sale therefor, and file a copy with the county clerk as hereinbefore provided. Said copies shall be preserved for a period of two years and shall be open for inspection at all reasonable hours free of charge. ['96, p. 586.

28. Redemption within ninety days. The owner of any trespassing animals sold under the provisions of this chapter may, at any time within ninety days of the date of such sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with ten per cent additional, and a reasonable compensation for the care and keeping of the same. If such purchaser or assignee refuse to give up such animals on the owner proving his title to the same and on his tendering the amount due as herein provided. such owner may maintain an action at law to recover the same; provided, that the purchaser or any assignee who has disposed of such animals shall not be liable to such owner in any amount. If no redemption of such animals be made within ninety days after the date of such sale, then such sale shall be absolute and shall vest the title to such animals in the purchaser or his assignee. Any person selling or disposing of any such animal within ninety days of its sale under the provisions of this chapter, shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time, and if he fails to do so he shall be liable for any loss that may accrue to such purchaser by reason of such animal being redeemed for a less amount than he paid therefor. ['96, p. 586.

29. Owner entitled to residue of proceeds. If any estrays or tres