The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1880-01-30
LAW RELATING TO EsTRAY ANIMALS

laws OF this state, and many persons
seem to be in doubt as to the proper
proceedings when taking estrays.
For the benefit Of such, and in answer
to numerous letters on the subject, we
publish the following from the Code,
Title /, chap. Is:
+ Sec l. That it shall be the duty of the
county clerk of each county in this state to
keep book, of suitable dimensions, to be
called the record of estrays.
Sec. 2 ANY householder about whose
premises any estray may be in the habit of
running at large, may take up the same, and
shall Immediately post notices IN three pub.
| lie places in the county, one of which shall
be in the precinct in which the estray was
taken up, giving as correct description as
may be, of natural and artificial marks.
probable age, size, etc.; provided, That no
estray shall be taken up in the months of
May, June, July, August, September, Octo-
Der and November, except breachy or VI
cious animals, which may be taken up in any
month.
Sec. 3. If, previous to the expiration of
ten days from taking up. the owner shall
prove such estray to be his, he shall be en-
titled to the same by paying charges, which
shall be one dollar for taking up, posting
etc., and a reasonable rate for keeping the
same. And if the owner shall further prove
that the person so posting an estray knew to
whom such estray belonged, and yet did not
notify the owner of his intention to post
said estray, the person so taking and post
| ing, shall not recover for either posting or
keeping
Sec. 4. If at the expiration of ten days,
no one shall have made his claims known to
the taker-up, it shall be his duty to make a
statement to the nearest justice of the peace
of the county in which such estray IS taken
up under oath, of the taking up of such es-
tray, posting, etc., according to law; where
upon upon the Justice of the peace shall appraise
the estray, and shall Immediately notify the
county clerk of the same county, by letter
or otherwise, that an estray has been taken
up, with marks natural and artificial, ETC.,
and by whom. And such justice shall re-
ceiye for each appraisal and notification, one
dollar; and ten cents for every mile necessa-
rily travelled in such service; proDaded, That
there shall be no charge of appraising on
more than three head at the same time and
place.
Sec. 5. It shall be the duty of the county
clerk, upon receiving snch notice from the
Justice, to make record of the same in the
record of estrays.
Sec. 6. If the amount of such appraise
ment shall exceed fifteen dollars the person
taking up such estrays shall be further re-
quired to cause to be published, in the
, newspaper published by the state printer
which shall be kept on file in the clerks Of
flee of each county of the state, a descs1p
tion of the same, giving marks as above spec
flied, the name and residence of the finder
and as near as may be, the time at which uhe
: estray was taken up.
Sec 7. If the owner, or any person en-
titled to the possession of an estray, shal
appear and make out.his title thereto, ant
| pay charges thereon, within six months from
the time the notice is filed with the county
, clerk, as provided in section of this title
and make out his lawful right thereto, HI
shall have such estray restored to him upor
paying all lawful charges which have beer
incurred in relation to the same.
Sec s. IF the person entitled to the pos
session of any estray, shall not appear ant
make out his title thereto, and pay th'
E charges thereon, within six months from thu
time the notice is filed with the county clerk
as provided in said section 2, such estray
shall be sold at the request of the finder, by
! any sheriff or constable of the precinct, a
public auction, upon first giving public no
tice thereof in writing, by posting up th'
RAeDSSS PASSAiANp
e at least ten days before such sale, and tn,
e finder may bid therefor at such sale; ant
: after deducting all the lawful charges of tn
: finder aforesaid, and the fees of the sheriff
9 or constable, which shall be the same as up
t on sale on an execution, the remainin;
: proceeds of such sale shall be deposited il
: the treasury of the county for the use o
I common schools provided, That if the own
, er of the property sold, or his legal repre-
.,.lo1 -,
money shall have been deposited in th
county treasury, furnish satisfactory evi
7 dence to the county judge, of the ownership
of such property, he or they shall be emit
tied to receive the amount so deposited il
: the county treasury; provsded, hosoeuer
r That the taker-up of estrays shall forfeit al
: right to consideration for taking up, post
ing and subsisting the same, if he work, o
in any way use such estray or take and keel
8 the same out of the county in which sucl
estray was taken up, more than three day
e at any one time.
Sec. g. That if any person shall take up
keep or use any estray without complyin!
with the provisions of this chapter, he shall
be liable to damage in double the value o
such estray, to be sued for and recovered il
: any court having competent Jurisdiction, a
! the suit of the county treasurer, for the us
: of the county wherein such animals shall b.
found and it is hereby made the duty o
said county treasurer to prosecute sui
against such offender for the violation of tn
Iprovisions of this chapter, when the sam
shall be within the personal knowledge o
!, said treasurer, or when complaint in writ
ing, under oath, be filed with said treasurer
alleging the violation of this chapter
: The GAZETTE being the paper pub
by the State Printer, we mail cop.
! regularly to the county clerk of eacl
county for fling in his Office, which
! it is his-dnty to do, as matter o
, reference. The fee for publishing ii
+ 81 SO for each animal, ana should, ir
t all cases, accompany the notice. Car
be sent by money order or registered
letter, at our risk. When greenbacks
are notcconvenient the amount may
: be sent in postage stamps.
,lS A lawyers clerk named Geo Steed
a native of Southampton, entered th,
: cathedral and other churches in Here
ford recently, and, going up to ths
.laltaT Hithsa red cap oD, said he IVA!
Johh the Baptist, that he had been z
3 the North Pole, and haying smoked
] his pipe there hadScome5as;k to tel
Hereford people whs he hasfseen il
Heaveh.
Genetal Grant, General Sheridan
I o,5d ca E,o1 (rror4 o,,d ~f1.o;r ~; uo