§ 19. This act shall be in force thirty days after its passage. Construction and Constitutionality. See note to this act in Appendix, Code of Civil Procedure, p. 1948. TITLE 154. ESTATES OF DECEASED PERSONS. АСТ 1052. Estates of deceased persons, collection of savings bank deposits by next [Stats. 1873-74, p. 132.] of kin. Amended in every section, 1895, § 32. Codified by § 1454 of Code of Civil Procedure: See Code Civil Procedure, § 1454, Collection of deposit under $500 by next of kin: See § 16 of Banking Act of 1909; Stats. 1909, p. 90. This act is set forth at length in Appendix, Civil Code, p. 1856. ACT 1053. Estates of deceased persons, regulating settlement of, supplementing a☛ of May 1, 1851. [Stats. 1871-72, p. 696.] Superseded by Code of Civil Procedure, § 1632. АСТ 1054. To provide for the summary sale of mines or mining interests belorging to estates of deceased persons. [Stats. 1865-66, p. 359.] Superseded by Code of Civil Procedure, §§ 1529-1533. АСТ 1055. Authorizing certain corporations to act as executor, administrator, guardian, assignee, receiver, depositary or trustee, and in other capacities and to provide for and regulate the administration of trusts by such corporations. [Stats. 1891, p. 490.] Amended 1897, p. 424; 1903, p. 244; 1905, p. 232; 1907, p. 562. Citations. App. 5/164. This act appears in full in the Appendix, Civil Code, p. 1900. It authorized deposits to be made with such corporations and the reduction of the bond of an executor, guardian, etc., depositing with such corporation. АСТ 1056. An act to provide for the investment of the moneys in the estates of deceased persons fund and also to provide for payment of interest received into the state school fund. [Approved February 22, 1909. Stats. 1909, p. 37.] §1. Whenever and as often as there is in the state treasury to the credit of the estates of deceased persons fund (in excess of the retention hereinafter provided for) the sum of ten thousand dollars or more, the state board of examiners must invest the same in the bonds of this state, or in the bonds of the United States, or in the bonds of the sev eral counties, city and county, cities or towns, or school districts of this state; the investments to be made in such manner and on such terms as the board shall deem best for the fund; provided, that no investment shall be made which with the amounts previously invested shall reduce the uninvested portion of the fund below the amount of ten thousand dollars. § 2. Bonds purchased by the state board of examiners under the provisions of this act must be delivered to the state treasurer, who shall keep them as a portion of said estates of deceased persons fund, and the interest upon such bonds shall be paid into the state school fund and apportioned like other moneys employed for the support of common schools. § 3. It is the intent of this act that there shall at all times be retained in said estates of deceased persons fund, in the form of cash available for meeting the demands of persons holding legal claims against such fund, the sum of at least ten thousand dollars, and whenever by reason of payments made out of the fund the amount of cash therein shall be reduced below the specified amount of ten thousand dollars, it shall be the duty of the state board of examiners to sell such bonds belonging to said fund as they may deem proper, for the purpose of making good the cash retention of ten thousand dollars. § 4. This act shall take effect from and after its passage. TITLE 155. АСТ 1059. An act concerning trespassing of animals upon private lands, and the recovery of damages resulting therefrom. [Approved March 23, 1907. Stats. 1907, p. 999.] §1. It is unlawful for any person, firm or corporation owning, or having possession of, any animal, to suffer or permit such animal to break into and enter upon any land owned by, or lawfully in the possession of any person, firm or corporation, other than the owner of such animal, in all cases where such land is planted to growing crops, vines, fruit trees or vegetables, and is at the time entirely inclosed by a substantial fence or other inclosure. § 2. The owner of, or person who is in the lawful possession of, any land trespassed upon, in violation of this act, is entitled to recover, by action in a court of competent jurisdiction, from the owner of, or person in possession of, or person chargeable with the care of, the trespassing animal or animals, all actual damages sustained by reason of such trespass, together with costs of suit. §3. For the purpose of allowing the plaintiff a better security for the payment of any judgment he may recover in actions brought under the first two sections of this act, all the provisions of the Code of Civil Procedure of this state relating to attachment process shall apply to such actions, subject only to the following modifications, to wit: Instead of filing the affidavit on attachment, required by sections five hundred and thirty-eight and eight hundred and sixty-six of said code, the plaintiff is entitled to the issuance of a writ of attachment against the property of defendant, upon filing his complaint stating a cause of action under this act, verified according to the law concerning the verification of pleadings. § 4. No animal is exempt from attachment or execution, levy and sale, to satisfy a judgment that may be rendered against the owner of such animal for trespass committed by such animal. § 5. In all other matters than those in which a different rule is herein prescribed the course of procedure prescribed in the Code of Civil Procedure of this state shall prevail in suits brought under this act. § 6. All acts and parts of acts in conflict with this act are hereby repealed; provided, nothing in this act shall be deemed or construed to repeal an act of the legislature of this state relating to estrays, approved March 23d, 1901. § 7. This act shall take effect and be in force from and after its passage. Estrays: See Act 1060. ACT 1060. An act relating to estrays, providing for taking them up and giving a lien on them for all damages, costs, and expenses incurred by reason of taking them up, and repealing all other acts and parts of acts now in force relating to estrays. [Approved March 23, 1901. Stats. 1901, p. 603. 1907, p. 132; 1909, p. 1060, 1079.] Compare act Stats. 1907, p. 999, ante, Act 1059. Amended 1905, p. 395; § 1. Any person finding at any time any estray domestic animal or animals upon his premises, or upon premises to which he has the right of possession, or upon highways adjacent thereto, may take up the same and have a lien thereon for all expenses incurred and costs in keeping and caring for said animal or animals, as hereinafter provided; and no person shall remove them from the possession of the taker-up, or from the possession of the officer to whom they may have been delivered, except as hereinafter provided. § 2. The word "estray" as used in this act is intended to include all domestic animals that have strayed upon, or been found upon, lands other than those of their owner, or the public domain, or lands whose owner (or to which the person in possession thereof) has consented, may be passed over, or allowed to be entered on, by such animal. Any per son taking up an estray animal or animals shall confine the same in a secure place and within one week thereafter shall publish in some newspaper of general circulation, printed and published in the county in which such estray is found, and also file with the county recorder of said county a notice containing a description of the animal or animals taken up, with the marks and brands, if they have any, together with the probable value of each animal, and a statement of the place where the taker-up found, and where he has confined the same. The county recorder shall receive for filing said notice, the sum of fifty cents. The said notice shall be so published for two weeks. If there be no newspaper of general circulation printed and published in the county wherein such estray animal is found, then such publication shall be made in some newspaper of general circulation printed and published in an adjoining county within this state; provided, however, that the cost of publication does not exceed three dollars. If, however, the animal has the owner's brand or mark upon it, and such brand or mark has been recorded according to law, or if the finder knows the owner of said animal, or the person having charge thereof, then, within five days after said animal is taken up he shall notify the owner of said animal, or other person having charge thereof, which notice shall contain the same information as the notice to be published and recorded, as hereinabove provided. This notice shall be in lieu of publishing and recording such notice, and for which notice he shall be entitled to the sum of fifty cents. Amendment approved April 22, 1909. Stats. 1909, p. 1079. In effect immediately.] §3. At any time within thirty days from the date of the filing of the notice specified in section 2 of this act, any person claiming such estray animal or animals shall appear and demand from the taker-up the possession thereof, and shall at the same time pay to the taker-up all damages, expenses and costs incurred by reason of taking up said animal or animals, and upon receiving such damages, expenses and costs, the taker-up shall immediately deliver to the party claiming such animal or animals the possession thereof; such damages, expenses and costs shall be estimated as follows, to wit: 1. The total amount paid by the taker-up to the county recorder, and the reasonable cost of publishing said notice. 2. The sum of thirty cents per day for the keeping and care of each horse, mule, jenny, ass, cow, bull, ox, steer or calf. 3. The sum of ten cents per day for the keeping and care of each sheep, goat, hog or other animal not hereinbefore specified, provided that the taker-up of said animal or animals must properly feed and water the same while under his care, and if he fails so to do shall forfeit all right of lien thereof. [Amendment approved April 22, 1909. Stats. 1909, p. 1080. In effect immediately.] §4. If the party claiming such estray animal or animals is dissatisfied with the amount charged by the taker-up for costs and expenses, he shall tender to the taker-up the proper amount therefor, and if the said tender be refused, the party claiming such estray animal or 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 plaintif. 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 defendant shall have judgment for his costs. In any such 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. §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 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 execu |