Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1859-04-21
ESTRAYS.


estrays, we copy from the "Code"
such portions Of the law as govern
in matters pertaining to estrsy stock,
which are Of general interest:
Horses, mules, sheep, or swine,
found wandering at large or lost, at
any time of the year, and neat cat
tie between the first of November
and the first of May. the owner be-
ing unknown, may be taken up as
strays.
No person but a freebooter OF
householder shall take up stray.
No tsker.up shall use q stray be-
fore afpraisement, except for the
purpose of having it valued or takeb
to the owner.
Within ten days after taking up
stray, unless it be a sheep, the
taker-up shall have it viewed and
appraised by two freebolders OF
householders If the stray be u
sheep, the taker-up shall not have il
appraised without first advertising it,
at the most public place in his neigh
'borhood, five days previously thereto
The appraisers shall make out q
certificate, setting forth the name Of
the taker-up, his place Of abode,
the time Of the taking up, and a par.
ticular description Of the stray, its
color, age, natural and artificial
marks, brands, ETC., and its value;
and having signed the same and
sworn to it before magistrate, shall
deliver il TO the taker-up.
Upon this certificate, the taker-up
shall cause to be endorsed his own
affidavit, sworn to before the same
magistrate or the ranger, that the
stray was taken up on his own plant
alton; that it came to his plantation
without his procurement; and that
the marks and brands have not been
altered or defaced; and shall deliver
the same, within fifteen days after
the appraisemen., to the ranger OF
the county, with whom, if the stray
be horse, he shall deposit one dol
lar to pay for advertising the same
in a newspaper.
If the taker-up be a householder
who is not free holder, the ranger,
on receiving the aforesaid certificate,
shall demand from him bond with
surety, in penalty double the ap-
praised value Of the stray, payable
to the State Of Tennessee, condition
J ed for the reasonable care and safe
keeping Of the stray, and to pay over
one-half its appraised value to the
county treasurer, sho uld the stray
not be reclaimed within twelve
months from the time of the ap-
praisement; which bond the ranger
shall deliver to the Clerk Of the
County Court, to be kept in his Office.
The owner of stray may, at any
time within twelve months after the
appraisement, prove bis property by
bis own oath or otherwise, and de-
mand and receive the same, be pay.
ing the rangers and all other fees,
and the expenses of the taker- up in
keeping the stray, if there be any
such expenses, which shall be ascer-
tanned in the following manner:
The taker-up shall receive from q
Justice of the Peace a warrant en-
poweriDg three freeholders, named III
the warrant BY the Justice, to fix, as
near as can be, what sum the taker-
up should receive from the owner,
which sum the owner shall pay be-
fore receiving the stray, AMI until
payment of which the taksr-up may
retain the stray.
If the animal taken up be a f.
male, and be giving suck to young,
that circumstance shall authorize the
person proving the mother to claim
the young, and it shall be included
in the same certificate with the moth.
ef.
Within fifteen days after a stra,
has been proven away from the taker-
up, be shall return the probate to
the ranger.
If the taker.up be about to re-
move himself from the county be-
fore the expiration of twelve months
from t be appraisement, or before be
has paid the treasurer one-half the
appraised value Of the stray, his
goods and chattels, to the amount oil
one half the appraised value Of the
stray, shall be distrained upon
warrant issued by the magistrate
before whom the appraisement was