The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-02-27
STRAY LAWS.

d your permission, and for the beT
It eft of the farmers and household
# ers of the State of Kansas, 1 wi
: write up the stray law. The res
: son do this is this: there are S
/, many mistakes made byperson
{ taking up strays and then it put
t the justice in a very awkward pc
5 sition before whom they are post
e ed. From the general statutes o
r the State of Kansas we take tn
following amended law pertainin.
to strays:
ARTICLE 3, SECTION 5. "No per
, son shall take up any unbroker
animal as a stray between the frs
day of April and the. first day O.
November unless the same bt
found within his lawful enclosure
nor shall any person, at any time
take up a stray unless it be found
upon his premises, except, as il
this chapter. otherwise provided.
SEC. 6. No person shall take UP
any horse, mule, ass, OK, bull
sheep, swine or other. animal IN.
der the provisions of this article
unless he be a citizen and house
holder, and enters into bonds with
sufficient sureties to the State OF
q Kansas for the use of the owner
in double the value of the proper
lty 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. Z. If any animal, liable to
be taken up, shall come upon the
premises of any person, and the
owner of such premises fails to
keep up such stray for more than
ten days, after being notified of
, the fact, any other citizen of the
same county may proceed to take
up such stray, and proceed with it
as if taken upon his own premises.
SEC. 8. II any person take up
any stray he shall Immediately ad
vertise the same by posting up
three printed or written notices
in as many public places in the
township, which notice shall con.
tain full description of the stray.
SEC. 9. If such stray shall not
be claimed and proved at the ex-
piration of ten days after it was
taken up and advertised, then the
taker up shall go before . justice Of
the peace of the county and file
his affidavit, stating that such
stray was taken up on his prem
ises and that he did not drive or
cause it to be driven there, or that
it was taken up on the premises
of some other person, naming
him, and that he gave such person
ten days notice, and that he has
advertised such stray ten days,
and that the marks or brands have
not been altered since, to his
knowledge.
Sec. 10. The justice shall issue
summons to three disinterested
householders to appear and ap-
praise such stray, which summons
shall forthwith be served by the
taker up of such stray, which SER
vice shall be without charge, if
not demanded at the time of max
ing the appraisement.
Sec. IL. The households, 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 apgraise=
ment they shall reduce to writing
TO which they shall append their
affidavit that the same is a true
description and a fair and impair
tial appraisement, which shall be
filed by the justice and recorded
by him in a book, to be kept for
that purpose.
Sec. II. The justice shall deliv-
er to such taker up q certified
copy of the record upon this stray
book, which he shall, within fif-
teen days after such appraisement,
cause to be delivered to the coun-
tY clerk.
SEC. 13, The clerk Immediately
after receiving the certified copy
from the justice, shall record the
same in a book kept tor that pur-
pose, and whenever the appraised
value of such stray or strays shall
exceed ten dollars, said county
clerk shall, within ten days after
receiving such certified descrip-
ton and -appraisement, (unless
the animal shall have been previ-
ously claimed by the owner) for
ward by mail notice containing
a complete description of said
stray, the day which it was taken
up, its appraised value, and the
name and residence of the taker
up, to the Kansas Farmer, togeth-
er wit h the sum of fifty cents for
each animal contained in said no.
tice, which sum shall be in full
payment for the publication of
said notice in said Kansas Farmer
in three successive numbers, the
publishers of said Kansas Farmer
for a failure to publish said notice
shall be liable in the same manner
and to the same extent as is pro-
vided In this article; in case of q
failure of the county clerk or JUS
tice of the peace to perform the
duties enjoined upon them. And
it shall be the duty of the publish
er of the Kansas Farmer to fur
nish the county clerk of each
county in the State copy of said
paper to be kept on file in his
office.
SEC. II. Any person may use a
stray lawfully taken up by him
with care if he does not injure or
, abuse it.
SEC. Is. The owner of any stray
within twelve months after taking
= up, prove the same by evidence
before some justice of the peace
of the county, having first notified
, the taker up, in writing, Of the
time when, and the justice before
whom such proof will be offered,
and if such justice is satisfied
from the evidence, that the stray
I belongs to the claimant, he shall,
, upon payment OF all costs, order
/ it to be delivered to the owner,
and the justice shall certify to the
county clerk that such stray has
: been proven and restored to the
t proper owner within twenty days.
J., SEC. 10. The clerk shall make
4 an entry of the fact stated in
r such certificate in the margin o.
: the county record opposite the
d recorded certificate of the justice
o before whom such stray was ap
praised, which entry shall canoe