Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1869-11-26
stray law and Forms.

oi eItd1 tthtiAoio aio Iis''i 49,
heusive aud when complied with are
alike Just TO The owners and to those who
take up animals. The Legislature last
winter codifed the laws relating to strays
(See Clap. 81, Gen'l Laws Of 1862 as
follows:
Section /. No person shall take up
any stray except horses and mules, unless
such person shall be at the time resi-
dent of the town wherein such stray shall
be found upon the lands owned or occu-
pied by the finder.
Sec. 2. Any person taking up
stray, shall within seven days. thereafter
notify the owner thereof, if to him
known, and request such owner to pay
all reasonable charges aud take such
stray away.
Sec 3. IF the owner of any stray be
unknown, the finder shall within ten
days after taking up the same. file no.
tice thereof with the town clerk of the'
town, and if the stray or strays so taken
up are the value Of less than five dollars,
he shall also put up notices of the taking
mp of such stray in two or more public
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 still nearer his place of residence
in an adjoining county, in which case he,
may publish in either paper at bis op
ton: and in case there shall be no news
paper published within twenty miles of
the residence of the finder of such stray
or s.rays, he shall post up written notices
in three of the most public places in the
county in which he resides. All said
notices shall contain brief description
of the stray, describing the same by CIV
ing marks, natural and artificial, and as
near as practicable, the name and4resi-
dence of the finder, and as near as may
be the time at which the same was taken
up. The said town clerk shall transmit
a copy of every such notice to the clerk
of the beard of county supervisors; and
any person taking up or finding any such
stray or strays, who shall neglect or re-
fuse to post up and publish such notices
as provided in this section, shall be liaoe
to the owner of such strays, in double
the amount of damage sustained by rea-
son of such neglect or refusal. And if
any person SO taking up or finding such
stray or strays shall for the space of one
wear neglect or refuse to post up and
publish such notices as required by law,
il cluding the section, township and range
in which he lives, he shall, moreoyerL
be liable to pay to the town treasurer of
the town where he resides the full value
of such stray or strays, to be sued for
and recovered in the name of the said
town treasurer before any justice of the
peace in the county; and such money so
recovered shall be pail over to the said
town treasurer, and by him distributed
as school money, in manner now provid-
ed for the payment Of school moneys
that come into the hands of town treas
urers.
Sec. 4. Every finder of stray or strays,
which when taken up arc Of the value of
ten dollars or more, shall within one
month after taking up the same procure
an appraisal thereof by justice of the
peace of bis town, which appraisal shall
be certified to by such justice and within
the time before mentioned, fled in the
office of the town clerk of such town !;
and be shllI pay to such justice fifty
cents for such appraisal and certificate,
and six cents for every mile necessarily
travelled in such service.
Sec. 5. IL the owner or person ent-
tied TO the possession of such stray shall
appear at any time within one year after
tie notice is filed with the town clerk as
aforesaid aud make out his right the G.
to, he shall have such stray restored TO
him upon paying all lawful charges
which have Incurred in relation to The
/ same.
Sec. 6. If the owner and the finder of
any stray cannot agree upon the amount
of such charges, or for the use of such
stray, either party may Nuke application
TO any Justice of the peace of the town
where such stray was taken up, to settle
the same, and the party making such ap
/ piication shall give notice thereof to the
other party; and if any amount shall be
found due to the finder by the said jus
tee, over the value of the use of such
stray the same shall be lien on such
stray until paid by the owner, and the
costs of such adjucation shall abide the
decision of the justice.
Sec. T.. If the owner or person emit
tied TO the possession of any stray shall
not appear and make out his title there
to, and pay the charges thereon, within
one year from the time the notice is flied
with the town clerk as aforesaid, aud if
such stray shall not have been appraised
at greater value than ten dollars, the
finder shall have perfect title TO the
same; hut if the appraised value of such
stray shall have been adjudged TO be
more than ten dollars, as provided in the
fourth section of this chapter, such stray
| will be sold at the request of the finder
/ uy any constable Of tao town ut public
auction, upon first giving public notice
thereof in writing, by posting up the
same iI three of the most public places
in such town at least ten days before such
sale, and the finder may bid therefor at
such sale, and after deductiug all the
lawful charges of the finder as aforesaid,