The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-12-21

AN Acr to regulate the taking up and posting OF
StraVe.

LAWS OF THE STATE OF KANSAS.
AN Acr to regulate the taking up and posting of
Straye.
Be 1t enacted By the Legislature Of TIE
State Of Kansas:
SEcr1oS 1. That no person shall take up
any unbroken animal as stray, between the
first day of April and the first day of No
yember, unless the same be found within
his lawful Enclosure, nor shall any person,
at any time, take up any stray unless it be
found upon his premises: Provided, That
any stallion or jack, over two years old, or
any bull over one year old, found running.
at large, at any season of the year, shall
be considered strays, and may be taken up
at any time or place.
SEC. 9. That no person shall take up any
horse, mule, ass, OK, sheep, or any other
animal, under the provisions of this act,
unless he be citizen and householder. and
enters into bonds with sufficient sureties, to
the State of Kansas, for the use of the
owner, in double the value of the property
proposed to be taken up. to be ascertained by
the justice before whom the person wishes
TO post such stray, which bond shall be filed
and preserved by such justice.
Sec. 3. That, if any animal liable to be
taken up, shall come upon the premises of
any person, and the owner of such premises
fails to take up such stray for more than ten
days after being notified of the fact, any
other citizen of the same county may pro-
coed to take up such stray, and proceed
with it as if taken up on his own premises.
SEC. 4. That, if any person take up any
stray, he shall Immediately advertise the
same by posting up three printed or written
notices, in as many public places in the
township, which notices shall contain full
description of the stray.
Sec. 5. That, if such stray be not claimed
and proved at the expiration of ten days
after the same was taken up and advertised,
then the taker up shall go before a justice
of the peace of the county, and file his aft
davit, stating that such stray was taken up
on his premises, and that he did not drive
or cause it to be driven there, or that it
was taken up on tie premises of some other
person, naming him, and that he gave such
person ten days notice, and that he has ad-
! vertised such stray ten days. and that the
marks or brands have not been altered since,
to his knowledge.
Sec. s. That the justice shall Issue g
summons to three disinterested household
ers to appear and appraise such stray,
which summons shall forthwith be served
by the taker up of such stray, which service
shall be without charge, if not demanded al
the time OF making the appraisement.
Sec. Z. That the householdeis, or two Of
them, shall proceed to describe and appraise
such stray, stating the sex, size, color, age
marks and brands, and value of the same,
which description and appraisement they
shall reduce to writing, to which they shall
append their affidavit, that the same is q
true description, and fair and impartial ap'
praisement, which shall be filed by the JUS
tice, and recorded by him in u book, to be
kept by him for that purpose.
SEQ. 8. That the justice shall deliver, tc
such taker up, certified copy of the rec
ord upon his stray book, which he shall
!. within fifteen days after such appraisement,
cause to be delivered to the county clerk.
Sec. 9. That the county clerk, immedi
ately after receiving the certified copy from
the justice, shall record the same in a book
kept for that purpose.
: SEC. 10. That any person may use 6
, stray, lawfully taken up by him, with care
and moderation, if he does not injure oil
abuse it.
7 Sec. IL. That the owner of any stray
may, within twelve months from the time
t of taking up, prove the same by evidence
before some justice of the peace of the
: county: and, if such justice is satisfied
from the evidence, that the stray belongs
g to the claimant, he shall upon payment Of
8 all costs. order it to be delivered to thu
owner: and the justice shall certify to the
county clerk that such stray has beer
proved, and restored to the proper owner
within twenty days.
4 Sec. 12. That the clerk shall make ar
entry of the fact stated in such certificate
in the margin of the county record, oppo
site the recorded certificate of the justice
before whom such stray was appraised
3 which entry shall cancel all lien the county
! may have upon such stray.
Sec. I3. That, If the owner and taker uE
cannot agree as to the amount of costs
and expense of taking up, it shall be deci
e ded. on application of either party, by the
. justice of the peace before whom the proc
d of ownership was made, who may compe
The attendance of witnesses, If necessary,
, and, in making up his decision, he shall
take into consideration whatever service the
taker up may have had of such stray.
SEc. IL. That. if the owner fails to COM
ply with the provisions of this act for
twelve months after the time of taxing up,
and the taker up shall have proceeded ac-
cording to law, complete title to such
stray shall vest in the taker up.
SEC. Is. That, IN all cases where the title
to any stray shall vest in the taker up by
lapse of time, the taker up shall pay into
the county treasury, after deductIng all
costs, one-half of the appraised value of
such stray, TO the use of the county school
fund: and In defanlt of such rayment the