The Georgetown news., 1855-12-13
NO. 7.
An Act Concerning Estrny Animals


An Act Concerning Estrny Animals.
The Peope of the State of California, represent
ed in Senate and Assembly, do enact as fol-
lows:
SECTION l. Every person finding any stray
horse, mare, colt, mule, jack or jenny, or
any number of these animals, upon his farm
Or premises shall, within five days, if said
animal or animals remain on his farm or
premises, go before some justice Of the peace
Of his township, and give under oath full
description of the marks and brands, color
and kind of such animals, also the time and
all necessary information that will lead to
the cause Of said animal Or animals coming
to his farm or premises that may have come
to his knowledge; and that the marks and
| brands have not been altered since they
came to his farm or premises: Provided, no
ANIMAL shall be considered an estray, if the
owner Is known to the person finding it.
SEC. ;. 1t shall be the duty of the said
justice to record the description as above
required, together with the full information
given by the taker up, and the Justice shall,
/ within ten days, if the eStray animals are
not before proved by their proper owner,
transmit iull transcript to the conntv re-
! cOrder OF his county, and said recorder shall
record the same in his estray book: said
| book shall be subject to examination by all
persons making application to the recorder.
as also the eStray books of the Justice of the
peace; and any person claiming and proving
said stray animal or animals that have been
posted by this act shall have restitution of
the property so claimed by paying all costs
and such charges as may be awarded to the
taker up by the justice of the peace of his
county, if entitled to compensation under
this act.
SEC. B. Any person knowing of any horse,
mare, colt, mule, jack or jenny, or any num-
Der OF those animals running at large on his
farm or premises, not knowing the proper
owner, who neglccts or refuses to comply
with the acquisitions of the foregoing sec
tions, shall be subject to fine not exceed
lag the value Of the stock so neglected to
be posted.
SEC. 4. No person shall be allowed any
charges for the taking up of any animals
described in the foregoing sections that has
taken them into use or allowed it or them
to be used by his consent, but the taker up
shall be allowed to use said animal or ami
mails within their county, and shall only be
accountable for said estray animal or ami
mails when taken out of the county in which
they are posted, either by the taker up or
by any other person with his consent. or
for cruel or harsh treatment; in such cases
the taker up shall be liable to the proper
owner for all damages that may accrue
thereby: Provided, that the taker up of anv
horse, mare, mule, jack, or jenny, shall not
be made liable to any action for damages,
by reason Of taking either of these animals
out of the county after the expiration of
twelve months from the time said animal or
animals were posted, but shall return the
animal or animals to the proper owner or
pay the value thereof when legally proved
and charges paid as hereafter provided.
SEC. 5. Every owner, occupant, or super
intendent of any farm in this state finding
or rknOWlng any stray cattle running on their
farm or having knowledge of any stray
sheep, goats or hogs thereon, without know
ing the proper owner, shall, within three
months OF the time of such knowledge, 90
before some justice of the peace Of the prop
er township, if said stray animals remain on
his farm as aforesaid, and make oath of the
time OF their coming on the farm their
marks and brands if any, and full and fair
description Of such estrays, with such cir
cumstances within his knowledge as may
lead to the cause Of their coming to the farm.
1t shall be the duty of said justice to record
the same in full in his estray book. Any
person failing or refusing to comply with
the acquisitions Of the foregoing section
shall be subject to fine not exceeding the
value of the stock sonegected to be posted,
recoverable before any court having juris-
diction of the same.
Sec. 6. The owner Of any stray animal
which is legally taken up under the provis-
ions Of this act shall not be permitted to
take, lead or drive the same from the farm
or possession Of the person legally possess
ed Of such animal, until proven and charges
paid according to the provisions of this act,
and any person knowingly and wilfully vio-
lating the provisions Of this section shall be
subject to all the penalties that he would be
subject to under the statute law, provided
he had no claim on said animal.
SEC. Z. If any one shall remove anv straw
animal from any rancho contrary to the pr0.
visions Of this act, who shall not be the own
er OF the same, he shall be deemed guilty of
q grand larceny.
SEC. 8. in all cases where services are
performed by any officer Or person under
this act, the same fees shall be allowed as
are allowed for similar services under the
Act concerning water craft found adrift
and lost money and property" All costs
and charges accruing under this act shall
be paid by the person taking up the stray
animal or animals, but shall be reimbursed
by the owner upon proof and delivery of his
property.
Passed May lst, 1851.
KENDALL ON RoYAL BEAgTY.-k endalI,-