The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1881-05-05
ESTRAY LAW.

The Minnesota law in reference to
estrays is not familiar to many of our
settlers, and to inform such and the
new corners who are accustomed to
ono less complicated, the FREE PRESS
has undertaken the work of enlight.
ening the uniformed upon this sub
ject and subjoins tn following briefly
cOllated abstracts of the statutes
upon this point:
Any party who wishes to detain
property as an estray must show an
exact compliance with the law on the
subject Of taking up estrays, both on
his own part and that of the officer
before whom the appraisement is
made. He must perform all those acts
which tho law requires to be per-
formed in order 20 vest the property
of the stray in him, and that such
acts have been performed must affirm.
atively and in detail! appear on record.
a person who takes an estray to
keep for the owner, but does not pur.
sue the course prescribed by statute,
is not liable to IN action unless he
uses the stray or refuses to deliver it
on demand. Riding the horse to dis
cover the owner is not use.
The following law in regard to
estrays is now in force in the state of
Minnesota:
No person shall take up any estray,
except horses and mules, unless such
person shall be ut the time resident
of the same town wherein such estray
shall be found, nor unless such estray
shall he found upon the lands owned
or occupied by the finder.
Any person taking up an estray
shall within seven days thereafter
notify the owner, if to him known, and
request such owner to pay all reasona-
bic charges and take such estray away
If the owner is not known the finder
shall within ten days after taking up
the same, file a notice thereof with
the town clerk, and if the estray or
estrays SO taken up are of the value
of less than five dollars, he shall also
post up notices of the taking up of
such eStrayS in two or more public
places i'll such town; but if such
estrays are Of the valueOf more than
five dollars, the town clerk shall
transmit to the county register copy
of the notice filed by the taker up in
his Office, to be recorded by the reg
lister, such notice shall contain a brief
description of the estrays, the name
and residence of the finder, and rs
near as may be, the time at which the
same was taken up, and the value of
said estray or estrays. The clerk
shall receive as his fee from the taker
up ten cents each for all horses, mules,
asses and cattle, and five cents each
for all hogs. sheep and goats described
in said notice. The taker up shall
then within one month after taking
| up of the same, procure an appraise.
ment thereof by justice of the
peace of his town. which appraisal
shall be filed within one mouth Of the
taking up of said estray or estrays
The fee to the justice for his ap
| praisal is fifty cents and six cents q
| mile travelled in such service. The
town clerk shall then forthwith
transmit certified copy of the no.
tice and description Of the estray, on
| file in his Office, to the register OF
| deeds Of the county, his fee for the
same being twenty-five cents, to
gether with fifty cents registers fees
must be paid by the finder. 1t shall
be the duty Of the register of deeds
| to answer all letters of inquiry adj
dressed to him, provided such letter.
contain postage stamp. If the
owner or person entitled to the estray
should make known his claim within
one year after the notice is filed with
the town clerk, he shall have sucl
estray returned to him after paying
all lawful charges. If finder ant
owner cannot agree upon the amount
of such charges application may bt
made to a justice of the peace, anG
the party making such application
shall give notice to the other party
said justice shall have full power t
settle the matter. If the owner OF
person entitled to the estray does moi
appear and make out his right there
to within one year from the time no
tice is filed with the town clerk, ther
the finder shall have perfect title t.
it, provided it was appraised at less
than ten dollars, but if said appraisal
was more than ten dollars then sucl
estray may he sold at the request OF
the finder by any constable OF the
town, at public auction, upon first
giving public notice thereof in writ
ing, by posting up the same in three
Of the most public places in the town
at least ten days before the sale. The
| fees OF the constable shall be the
same rs on sale on execution, and
the finder may bid therefor at such
sale after deducting all the Lawful
charges. The finder shall deposit thu
remainder of the money, ii any, with
the treasurer Of the county, taking
his receipt for it, which shall be 3
legal discharge Of the finder from al
liability. IL any one claiming the
ownership of said estray shall drive
him away from the place where he il
kept, without first paying all Lawful
charges as provided by law, he shall
upon conviction before any justice Of
the peace having jurisdiction, pay
double the sum Of said charges and
imprisoned in the county Jail not less
than ten nor more than thirty days
Any person taking up an estray who
wilfully fails or neglects to comply
with the above law shall be subject
to a fine Of not less than ten nor more
than one hundred dollars, or by i'm
prisonment in the county Jail not less
than ten days nor more than three
months and be precluded from all
claims for keeping such an estray,
and the town clerk and register o.
deeds shall be subject to like IN.
for neslecting their duties In the
! premises.