An Act Amending Act Numbered Six Hundred and Thirty-Seven, Entitled "An Act Regulating the Registration, Branding, Conveyance, and Slaughter of Large Cattle," by Fixing the Requirements which Must be Observed and Complied with in the Conveyance of Carabaos, Horses, and Cattle that have been Seized and Declared to be of Unknown Ownership

March 3, 1903

ACT NO. 646

AN ACT AMENDING ACT NUMBERED SIX HUNDRED AND THIRTY-SEVEN, ENTITLED "AN ACT REGULATING THE REGISTRATION, BRANDING, CONVEYANCE, AND SLAUGHTER OF LARGE CATTLE," BY FIXING THE REQUIREMENTS WHICH MUST BE OBSERVED AND COMPLIED WITH IN THE CONVEYANCE OF CARABAOS, HORSES, AND CATTLE THAT HAVE BEEN SEIZED AND DECLARED TO BE OF UNKNOWN OWNERSHIP

SECTION 1. Whereas there has been a lack of uniformity in the procedure followed by municipalities in the sale of carabaos, horses, and cattle of unknown ownership, section twenty of Act Numbered Six hundred and thirty-seven is hereby amended by the insertion of the following paragraph at the end of said section:

"Third. At public auction by resolution of the municipal council or when it shall be so ordered by the proper authority, in which case and whenever one or more animals seized from thieves or confiscated for any other legal cause are involved, it shall be the duty of the provincial board to order their sale at public auction in the capital of the province, subject to the following conditions:

"(a) That whenever a municipality shall come into the possession of an animal or animals under the provisions of this paragraph, it shall be the duty of the municipal president to give information of the fact to the provincial board and to cause the same to be published by written notices in Spanish and the local dialect posted for three consecutive days at the door of the provincial government building in the capital of the province and at the door of the municipal building in the municipality where such animals are held, such written notice to contain a detailed account of the origin, species, sex, and age, brands, and other distinctive marks of the animals to be sold, and shall further fix the term of fifteen days during which the owner or owners of such animal or animals may present themselves and prove title thereto.

"(b) That after the expiration of said term of fifteen days the animal or animals shall be valued by experts, and the day and hour of their sale at public auction shall be set. Said sale shall be advertised, for a period of twelve days before it is held, in the same manner as hereinbefore provided.

"(c) That the animal or animals, after a valuation has been placed upon them in accordance with the provisions hereof, shall be sent to the provincial board in order that such animal or animals may be present at the provincial capital on the day that the sale at public auction is held: Provided, That where the provincial capital is at such a distance from the municipality in which the cattle are, or is so situated with reference to such municipality that it would entail too heavy an expense to transfer the cattle from the municipality where held to the capital of the province, application may be made to the provincial board to dispense with the necessity of such transfer and to allow the sale to take place in the municipality where the cattle are held, and the provincial board is authorized in its discretion to permit the sale, in accordance with the application, at the municipality where the cattle are held, and the provincial board is authorized in its discretion to permit the sale, in accordance with the application, at the municipality where the cattle are held, but in all other respects procedure shall be as herein provided.

"(d) That all bids shall be made in writing and submitted in a sealed envelope and shall be numbered in accordance with the order in which they are received. The bids shall be opened at the expiration of the time which may have been set for their presentation and the animal or animals sold to the person making the highest bid.

"(e) That in case two or more bids are presented for the same amount, after all bids shall have been opened and read, if such equal bids are the highest bids received, there shall immediately be held a verbal auction of the animals, to last not more than fifteen minutes, between the makers of such equal bids, and the animal or animals shall be sold to the highest bidder at such verbal auction: Provided, however, That immediately after the holding of any auction the successful bidder shall obtain written evidence of the adjudication made in his favor, and it shall thereafter be his duty also to obtain the certificate of conveyance in accordance with the provisions of this Act. The provincial board shall deliver to the corresponding municipality the money received at such sale by auction, which shall be turned into the municipal treasury, after having deducted therefrom the true and necessary expenses of transportation and maintenance of the animal or animals from the time of their leaving the municipality until their delivery to the successful bidder."

SECTION 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SECTION 3. This Act shall take effect May first, nineteen hundred and three.

ENACTED, March 3, 1903.