, 1875-11-27
ESiraN Law.

II me ia'e SESSION q lae te = ls41 NJ -
II. NJ Hodgis introduced bill materially
changing the provisions Of the -es'Fay law.
The following l. the bill a. approved:
SFcroxI. b 4 e,arts.i by tie Lsgis.a'irs AsseH.-
5ge TIE Iar.t2zy ef Washington, That 1t shall be
the du-y Of the county auditors OF the several
counties Of his territory, to keep book OF
suitable dimensions, TO be called the record
Of e-'rays.
SEc. ,. Any householder about whose
premises, any rstrays may b- in the habit of
running a, large, may take up the same, and
shall, within ten days, P9st notices IN three
public places n the county, one Of which
shall b. IN tn precinct IN which the estrly
was taken up, giving Us correct description
as NAV be- Of natural and artificial marks
and brands. probable age and siza, etc Iso-
! risi. that no esrrays shall te taken up from
/ the 18th of April to the 18th Of December,
except breachy or vicious animals, which
may be taken up II any month.
/ SEC. ,. Ii, previous to the expiration of
! Ten days ;rJm the time OF posting the said
notices, the owner shall prove said estrav to
( he his, hs shall be entitled 70 the same by
paying charges, which shall be two dollars,
/ Tor taking up, posting etc, and Il reasonable
| rate for keeping the sams, and If the owner
/ shall further prove that the person 50 posting
| an e-tray, knew TO whom such eetrav b.
| longei, and yet did not notify the owner of
/ his intention 10 post said estray, the person
/ - taking uP and posting shall not Recover
! for either posting or keeping.
! SEC. t. H. at ths expiration Of ten dav-, no
/ one shall have made hls claims known To tn.
/ taker-uP, il shall b. his duty To MAKE, q state
ment 20 the nearest Justice of the peace. Of
! the county in which said estray Is taken up,
under oath OF the taking up Of said es,ray,
/ posting etc, according to law. whereup6u
| SAID justice shall appraiso the esrray and I'M
mediarely monty the county audI'or Of the
same county ty letter or otherwise. that al.
estray has been taken up with marks natural
and artificial etc, and by whom, and said
| justice of the peace shall receive for each ap-
! prai7al and notification, Que dollar and ten
/ cents for every mile necessarily travelled in
surh service: RJGae8, that there shall be-
no charges for apprIlslnS on more than three
head at the same time and place
SEC. .. 1t shall 10 The duty OF the county
auditor, upon receiving such notice from the
! justice, to make record of the same in the
= record Of estrays. -
| SEC. q. Ii the person entitled TO The Dos
/ 7essiOn Of an estrAy shall not appear and
make out his title thereto, within thirty DAYS
| from the time the notice Is filed with tho
/ county auditor as provided in section five.
/ such estray shall be soid at the request of the
! finder, by the sheriff or any constable of the
couhty, at public auction, upon first irving
/ public notice thereof III wiring, by po-iin
/ up the same in The precinct, where said e.
/ tray was taken up, at least ten davs before
/ such sale; PTcg.aG that if such animal b. ap-
/ praised II so or upwards it shall b. aGver-
/ tI>ed for one Week IN the paper doir., the
/ county printing, and the finder may bid
/ therefor aJ 4uch sale and after de7luctiur all
/ lawful charges of the finder az afuresaiI Z, o..
ascertaned by the Justice who appraised -pch
| animal. AMI the fees Of the iusiic. f,- an
/ praIsIug, and constable or sheriff, which shall
i he the same as u sale Oh execution. trr rn-
mining proceeds Of snch sale shall b.. de-
| posted IN the treasury Of the county for the
use Of common schools: Provided, that if
the owner nf the property s1!I, or his les4!
/ representatives., shall, within SIX months
alter the money shall have been deposited in
the county treasury, furnish satisfactory rvi-
dence 10 the justice Of the peace who has ap-
praised said animal, or the ownership of
SAID property, he Or they shall te entitled 70
receive the amount j, deposited in the county
treasury: Provided however, that the ,tk,.r-
nP Of es'rayS shall forfeit all right 70 q con.
liberation for subsisting the same If ha war',
/ or IN any way use such estray or take and
keep the same our OF the county IN which
/ 'he eslray was taken up, more than thee.
( days ~ a1v one time.
/ SEC !. That il any person shall take up.
! keep, O: U-s any e>;ray without cymulvi =
with the provisions Of this act, ha shall b..
/ liable 10 diInages IN double the value Of -5,-h
/ cstrly, and for costs OF suit. 20 b. suri :o-
and recovered in any court having com! etent
/ jurisdiction.
SE9. 8. Il shall b, tho duty Of every ,an-
stable within any county in rhi, Territory.
/ when comPlaint shall have been mad. 10
hlm hy any person of violation Of any OF
/ the prorlsiDns OF this acf, 20 imm-Iiatriy tn
| ter suit before the proper court. and ,hr r,,r-
son making the complaint shall be the pr,rSa.
cutting witness: Provided, thae if. un,n
/ trial, the complaint shall be found TO b,. ma
/ iicious or frivolous, the pgos, cutting with =
I shall pay all costs of suit
/ SIC. =. All moneys collected as fines I'M
| der he provisions Of this act shall b., p.Ii iu-
/ TO the treasury Of the county. wh re- ti,,.
same shall have been collected, for the b.ur-
( fit Of common schools IN said county.
SIC 10. Al acts or parts Of acts conflict
. inr with this act ar. hrrrIv r.,,a.l.l