Dooley

This action in rem was brought to recover $7,500 damages, alleged to have been suffered by plaintiff in consequence of trespasses of the defendant sheep upon 9,460 acres of uninclosed lands of the plaintiff, situate in the county of San Luis Obispo; and is based upon an “Act concerning trespassing of animals upon private land in certain counties,” approved March 7, 1878 (Stats. 1878, p. 176). It is alleged *480 in the complaint that the defendant sheep are marked or branded as follows: 3,500 of them, J H; 3,500, J O; 3,500, A A; 3,500 P; and 3,500, ; and that the owners of the defendant sheep are unknown to plaintiff. The trespasses are alleged to have been committed at divers times between December 1, 1892, and March 6, 1893.

The action was commenced March 13, 1893, and on the same day a writ of attachment was issued to the sheriff of Kern county (which is not one of the counties to which the act applies), commanding that sheriff to attach all the sheep above described, “or so much thereof as may be sufficient to satisfy the plaintiff’s demand as above mentioned,” unless the owners give security, etc. A summons directed to the^ defendant animals was also issued, and served by…