The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-03-02
PROPOSED ESTRAY LAW
Introduced by Hon. j. ID. Armstrong.

Be il Enacted by the Legislative Assembly Of the
Territory Of Montana:
SEcTIoSl Every citizen, resident house,
holder. in any county in this Territory, on /
finding any estray horse, mare, mule, jack |
or iennet, or any neat cattle, sheep or goat,
or any number of such animals, upon his |
ranch, farm or premises, and who shall de
sire to take up the same, shall, at the expira- |
ton Of twenty days after finding OF SUCH
animal or animals, post written notice In
the most public place in his township, de-
scr1bing such animal or animals, giving the
marks and brands, il any, upon the same,
the date, as near as may be, when such AMI
NAL came upon his ranch, farm or premises,
and that he is about to post the same. He
shall also publish similar notice In some
newspaper published in his county, for ut
least two consecutive weeks, and II there DC
no newspaper published in his said county,
then such publication to be made in some
newspaper nearest to his residence.
SEC. 2. Within thirty days after the ex-
piration of the publication of the notice
| mentioned in the proceeding section, the
person or persons taking up such animal or
animals, shall 70 before some justice OF the
peace of his township, or IL there be no act
ing Justice therein. then before some justice
in the neighboring township, and make and
subscribe an cath describing such animal or
animals, giving the marks and brands, If
any, upon the same; that he posted and pub
lished the notices aforesaid; has made dill
gent inquiry in the neighborhood and Is I'M
able to ascertain the owner or owners there
Of and that the marks and brands, IL any,
upou such animal or animals has not been
altered or sffaced to his knowledge, since
the same was found upon his ranch, farm or
premises. If such animal or animals shall be
marked or branded, he shall, in addition to
the above, also make oath that he has exam
ined the records of the marks and brands oil
said Territory and finds none corresponding
thereto, or in the event he has upon such ex
animation found any such marks or brands
, corresponding therew it'll, that he mailed q
, registered postpaid copy of said notice te
5 the owner or owners Of such marks Of
brands, to his or their address.
s SEC.3. After It shall be shown TO sale
3 Justice that such person or persons taking VI
!. an estray, has complied with the preceding
section Of this act, the said justice shall a
i once appoint two appraisers, who shall pro
i coed to appraise any estray or estrays take'
I'D as aforesaid, and make q return thereo
under oath to said justice. If the owner o
!. such estrays does not appear and claim tn
n same within fifteen days after such appraise
:, ment and pay the cost and charges herein
- after provided for which shall have at tina
y time accrued, then the person taking up an
= posting the same, may pay the amount @
4 the appraised value thereof to said justice
vhereupon he shall become owner Of tn
n same; but If the person or persons taking U
such ~stray or estrays, shall refused to tax
n. the same az the appraised value thereof, the
). such Justice shall issue his order, directed
II the constable Of the township, commandin
n him to sell the same at public yendue to th
Is highest bidder, in the manner provided fl
pt the sale Of personal property upon exec
sr ton.
a SEC. T. The person or persons taking u
ID any estray under the provisions Of this &C
j. shall be allowed three dollars per head Their
pr for The Justice shall be allowed three do
Ill lars for taking the oaths of all persons swoI
s. In relation TO such estray, for appointing al
er praisers and performing all other duties q
joined upon him by the preceding sectio
st The appraisers shall be allowed one doll
ds each for appraising such estray or estra
X. and making and fling the oath herein pr
lis vided for. And the constable shall receive
he commission Of five per cent. on all sal
.rt made in pursuance of this act.
he SEC. 5. After paying all the costs and n
ly penses incurred under the provisions Of ii
n, act, the residue of the proceeds of all sal
,rt Of estrays shall be paid by said Justice +" Z
il county Treasurer Of the county, who sh:
raj become the custodian thereof, and place {
ng same to the credit of the common schc
or fund Of said county, which shall be dra'
70. and used in like manner rs other such fun,