The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-09-19
The .4ellessIhlae Iele0raph,
= ,TAURsDAY, .sE.PIEMBEK l9:
Law in Relation to StraYs.

matter of convenience to such as have it
not in their possession. Some important
amendments were made to the law at the
last session of the Legislature, The law as
found in the Revised Statutes and the sub
sequent amendments. will be found in the
following:
REVISED STATUTES 43.
SECTION 1. No person shall take up any
stray. except horses and mules, unless such
person shall be at the time a resident OF the
same town wherein such stray shall be
found, nor unless such stray shall be found,
upon the lands owned or occupied by the
finder. -
SECTION 2. Any person taking up stray
shall, within seven days thereafter, notify
the owner thereof, if to him known, and re-
quest such owner to pay all reasonable
charges, aud take such stray away.
(SRc 8, Superceded By an amendment found
below.)
SECTION T. Every finder ola stray or strays,
which when taken up are ofthe value OF ten
dollars or more, shall, within one montn al,
ter taking up the same, procure an apprlsai
thereof by a Justice of the peace OF his town,
which apprisal shall be certified to BY such
iustice. and, within the time before mentioned
filed in the Office of the town clerk OF such
town; and he shall pay to such justice fifty
cents for such apprisal and certificate, and
six cents for every mile necessarily Travelled
in such service.
SECTION 5. If the owner Or person entitled
to the possession Of any stray shall appear at
any time within one year after the notice IS
filed with the town clerk as aforesaid, and
make out his right thereto, he shall have such
stray restored to him, upon paying all lawful
charges which have been incurred in relation
to the same.
SECTION 8. If the owner and the finder of
any stray cannot agree upon the amount Of
such charges, or for the use of such stray, Ell
Their party may make application to any JUS
tice of the peace of the town where such stray
was taken up to settle the same, and the par
ty making such application shall give notice
thereof to the other party; and If any amount
shall be found due to the finder by the said
justice, over the value ofthe use ofsuch stray,
the same shall be lien on said stray until
paid by the owner, and the costs of such ad-
judication shall abide the decision OF the JUS
tjce.
SECTION 7. If the owner or person entitled
to the possession of any stray shall not appear
and make out his title thereto, and pay the
charges thereon, within one year from the
time the notice is filed with the town clerk as
aforesaid, and If such stray shall not have
been appraised at greater value than ten
dollars, the finder shall have perfect title to
the same; but if the Appraisal value OIL such
stray shall have been adjudged to be more
than ten dollars, as provided in the fourth
section of this chapter, such stray shall be
sold at the request of the finder, by any con-
stable of the town, at public auction, upon
first giving public notice thereofin writing, by
posting up the same in three of the most pub
lie places in such town, at least ten days be-
fore such sale, and the finder thereof may bid
at such sale; and after deducting all the law
full chargas of the finder as aforesaid, and the
fees of the constable, which shall be the same
as upon sale on an execution, one-haH OF
the remaining proceeds of such sale shall be
deposited in the treasury of the town, to be
disposed of in such manner as the town may
direct, and the other half shall belong to the
finder.
SECTION s. Ifany person shall without the
consent ofthe finder, take away any stray ia
ken up pursuant to the provisions of this
chapter, without first paying all the lawful
charges incurred in relation to the same, he
shall be liable to the finder for the value of
such stray.
SECTION 0. If the finder of any stray shall
neglect to cause the same to be advertised, or
q notice thereof to be posted up, or if he shall
neglect to procure the appraisal of any stray
which shall be of the value of ten dollars or
more, or if he shall neglect to perform any of
the duties required of him in this chapter, he
shall be precluded from acquiring any right Of I
property in such stray b the provisions of
this chapter, or receiving any damages or
charges for keeping the same.
amendment to the Stray LatU passed April 1866 |
SECTION 1. Section three Of chapter forty |
three Of the revised statutes, is hereby amend |
ed, so as to read as follows Section three |
II the owner of any stray be unknown, the |
finder shall, within ten days after taking up
the same, file notice thereof with the town |
clerk Of the town, and if the stray or strays |
so taken up are of the value OF less than five |
dollars, he shall also post up notices of the |
taking up of such stray, in two or more pub |
lie places in such town; but if the stray or |
strays so taken up are of the value of more |
than five dollars, he shall cause such notice to
be published for four weeks successfully in |
some newspaper printed In the county in
which he resides unless there shall be one
printed still nearer his place of residence, in
an adjoining county, in which case he may
publish 1t in either paper, at his option; and
in case there shall be no newspaper printed
within twenty miles of the residence of the
finder of such stray or strays. he shall post up
written notices in three of the most public
places in the county in which he resiues. All
said notices shall contain brief description
of the stray, describing the same by giving
marks, natural and artificial, and as near as
practicable, the name and residence of the
finder, and as near as may be, the time at
which the same was taken up. The said town
clerk shall transmit copy of every such no
tee to the clerk Of the board of county super |
visors; and any person taking up or finding |
refuse to post up and publish such notices, as |
provided in this section, shall be liable to the |
owner of such strays in double the amount of |
damages sustained by reason of such neglect |
or refusal"
SECTION 2. This Tactl shall take effect and
be in force from and after its passage.
Approved April 6, 1866.
amendment to the Stray Ldao, passed april 1867 |
SECTION /. Section one of chapter sixty. /
one Of the general laws of 1865 is hereby
amended, by adding to said section the fol |
lowing And ifany person so taking up or
finding such stray or strays shall for the space
OF one year neglect or refuse to post up and i
Punilsh such notices as required by law, in
cludlng the section, township and ranre in
which he lives, he shall moreover be liable to
pay TO the town treasurer of the town where
he resides the full value ofsuch stray or sirars
o DC sued for and recovered In the name Of
sii selu Town lr1asurer, before any Justice Of
'No r,loce of the county; and such money so
recovered shall be paid over to said town
treasurer, and by him distributed as school
money, in manner now provided for the pay
ment of school moneys that come into the
hands of town treasurers.n
SECTION 2. Section seven of chapter forty
three OF the revised statutes is hereby amend {
ed, by adding thereto the following: ,t.The K
finder shall make out q statement in writing
under oath, of mis- lawful charges aforesaid
Which statement he shall deliver to the con
stable at the time of making the sale, who
shall cause the same to be filed in the Office of
the town treasurer of the town where such Il
stray was taken up; and that portion of the h
proceeds of such sale [tol be deposited in the
town treasury of the town. shalt be so deposi
ted by said constable within ten DAYS after j
the time of making such sale" |,
Section 3. This act shall take effect and
be in force from and afterits passage and pub
LEGATION. ID
Approved March rs, 1867.
A SUCCESSFUL TREATMENT OF Cr1orFp.
A CORRESPONDENT of the Cincinnati; e..