The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-05-28
:he psrson wishs. to Post such slray

the person wishes to post such stray
beast.
Sec. 3. If any horse, mule, ass or other
animal liable to be taken up, come to any
persons farm, any other person may noti-
fy him OF the fact. and, if he fails to take
up such stray for more than ten days at
ter such notice, any other person of the
same county may take up such stray and
proceed with it as il taken up on his own
farm, except that he shall produce to the
justice of the peace proof of the service
ofthe notice, and shall not swear that the
stray was taken up on his own farm.
SEC. T. fany person take up any stray
Of any kind, and il be not claimed and
proved, he shall, within five days. go be-
fore justice OF the peace Of the county
and make oath that it was taken up on
his own farm, and that he did not drive
or cause it to be driven to his or her farm,
except as stated on oath. and that the
marks and brands have not been since al
tered to his or their knowledge.
SEC. 5. If necessary, the justice shall
issue summons to three disinterested
householders, to appear and appraise the
stray.
SEC. 6. The householders, or two Of
them, shall take an oath, that they will
fully, fairly and impartially appraise the
same, and their appraisement, embracing
description of the size, color, sex, age,
marks and brands of the stray, shall be
entered by the justice in book to be
kent nv him for that purpose.
Sec. Z. The justice shall deliver to such
taker up two certified copies of the entry
upon his stray book, one of which he
shall, within fifteen days after such ap-
praisement, cause to be delivered to the
clerk of the county tribunal.
SIC. =. Such justice shall give to the
taker up a written statement of the du-
ties required by law to be performed by
such taker up.
SEC. 8. The taker mp shall, immediate
ly after the appraisement, cause notice
to be put up at three of the most public
places in the township in which the stray
is posted, which shall contain q copy OF
the entry on the Justices stray book.
SEC. 10. The clerk of the county tribu-
nal, Immediately after receiving the GER
ti6cate of any stray from the justice, shall
record the same in book kept for that
purpose.
Sec. IL. Any person may use stray
legally taken up by him, if he does so
with care and moderation, and does not
abuse or injure it.
Sec IL. The owner of any stray, with
in eighteen months from the time of TAX
ing up, may prove the same by evidence
before justice of the peace, and, upon
payment Of all costs, he shall be entitled
to receive the stray.
SEC. Is. If the owner and taker up
cannot agree in the amount of such al
lowance, it shall be settled by some JUS
tice of the peace, who shall take into con-
sideration the trouble and the expense of
the taker up and whatever use or service
be may have had of such stray.
SEC. IA. If the owner fails to comply
with the two preceding sections for eight
cen months after the time Of taking up
and the taker up shall have complied
with this law, complete title to such
stray shall vest in the taker up.
Sec. Is. In all cases where the title to
any stray property shall vest in the taker
up by lapse of time, the taker up shall
pay into the county treasury, after de-
Quoting all c,sts, one-third Of the APP
praised value of such stray to the use Of
the county, and, in default of such pay
ment, the county shall hold a lien on
such property TO secure the payment Of
such moiety to the county; and, by Or.
der ofthe county tribunal, such stray may
be sold by the sheriff, and, after paying
the amount due the county, the residue
shall be paid to the taker up after the
payment of all the incidental costs.
SEC 16. II any stray, legally taken up,
gets away or dies without the fault of the
taker up, he shall not be liable for the
same.
SEC. IL. There shall be allowed the
following reward for taking up strays
First, For every horse, mule or ass, fifty
cents Second, For every head of neat
cattle, twenty cents Third, For all
other kinds of animals, fifteen cents each
SEC. 18 The clerk shall receive the
following fees for his services in relation
to strays: First, For recording each Ger.
tifeate of stray, fifty cents +: For record.
ing each certificate of appraisement TWEEN
ty-6ve cents, whether such certificate con.
tains greater or less number Of animals
SEC. 10. The justice of the peace shal
receive the sum Of fifty cents for eacf
certificate Of strays taken up and appraised
J before him, and shall put in one certif
} cate all the animals taken up by one per
son at any one time.
, SEC. 20. Ifany person shall sell, swaI
, or take out ofthis Territory any stray be
! fore the legal title shall have vested il
J him, he shall forfeit to the county doubl
the value of such stray, and may, also, b
punished by Imprisonment, on indict
} ment, not exceeding one year, and forfei
} to the owner double its value.
SEC. 81. II any person unlawfully take
up any stray, or takes any stray and fail
i. to comply with this act, or uses or work
3 such stray in any manner contrary to thi
act, or uses orworks it before having
' appraised, or shall keep the same NOR
! than three days out of the county at an
/; one time before he acquires title to th
. same, such offender shall forfeit to th
' county twenty dollars.
Z SEC. "a. If any person takes up an
stray and violates or fails to comply wit
|, this act, or abuses or Injuries such stra,
!. the owner may recover Of him double th
amount Of all injury sustained, with cost
g SEC. %. If any clerk or justice of th
4 peace fails to perform the duties eDjoine
on him by this act, he shall forfeit an
pay to the county not less than FIVE y,
more than fifty dollars, and pay to IL
party injured not less than Eve Nor moi
than ninety dollars.
SEC. "a. All laws and parts of Law