The Bad Lands cow boy. [volume] (Little Missouri, Dakota [i.e. N.D.]) 1884-1886, 1886-03-25
.Estral!y Law.


Estray Law. ssi
Although we published tile estraY law
Dec. "a, 1885 we find that it's provisions
are generally misuiidersto The law
on the subject is rather Complicated but
no more 80 than seems necessary to avoid
dishonesty. In this country espeaallY;
an animal cannot be considered an
estray and subject to being taken M
and sold as such unless it is several hun
dred miles at least from the home ranch.
Even then, it is generally a very simple
thing to find the owners name by the
brand on the animal and no one inter-
ested in the cattle business would take
up and advertise an animal as an estray
unless he was positive that tile owner
was not in the country. The law. takes
into consideration the fact, that range
animals may wander far from the home
ranch and consequently throws every
obstacle it can in the way of persons
wishing to take an unfair advantage Of
loose laws on the subject. The very fact i
the law is SO strict and that it is so diff VI
cult to obtain ownership Of estrays
according to law is one Of the greatest
projections catt!emen have. The follow
ing Isl synopsis Of the full law on the
subject. /.
4 Under United s:atss Ia ssttrays
can be taken up only by house holders
and claim-h6lders and when such estray
is found in the immediate vicinity bf his
or her place of fresidence in the county
where he or she resides, except when tile
estray is found ten miles from any habit
tatlon, i'll an uninhabited part of the
territory:
Estrays cannot be taken up between
March 1, and October 1, unless found
trespassing. u: 3 Z
Whoever takes up an estray, must
within fifteen days. give notice of the
taking up or finding three times in
weekly newspaper printed in the county
where the estray is taken up.
If the estray is not claimed within
Twenty-Five days after the first insertion
Of the notice, the finder must go before q
justice Of the peate Of the county where
he resides and make oath to the facts Of /
the case. rsS 3 ~ H.
The justice must issue a warrant to
three house-holders of the county to
appraise the estray. and report descrip-
ton of the animal and the name and
place of residence Of the finder to the
justice in writing. under oath.
The Justice must immediately f1blish
the report and appraisment according to
law.
Register Of deeds must keep book
entitled Estray Register and record
such reports.
When claim is made for the estray,
both the claimant and finder must go
before a justice, the claimant make oath
to his name, residence and description
ofproperty, after all fees and reasonable
chargs have been paid the estray must
be delivered up. I, s;.;2sa sri.
At the end Of one year after the find;
ing if the finder has had the estray
advertised and appraised and the,
appraisment does not exceed fifty tlol-
lars, the animal shall belong to the find-
er. II 81 n.
If the estray is worth more than fifty
dollars, notice must be given the justice
or his successor who must appoint q!
day Of sale, the sale to be made by the.
justice at the county seat. The notice
must be published three times in q week
ly newspaper published in the county
The justice after paying the cost OF
advertising and all legal costs and
charges; pays the residue to; the county
treasurer and takes his receipt therefor.
! If the money is not claimed withiIt
six months and proper proof made; the
county treasurer shall pay it to the
school fund. = M
The Justice must also file with the
treasurer a certificate giving q deserip.
tion Of the estray; marks and brands and
| the name of the finder.
4 The fees Of the Justice, advertising
aud appraising must be paid bY tlIt
finder and be . first lien on the animal
Any person not authorized, taking nI
an estray failing to advertise II q
4 imprudently working or failing to feed
1t properly, shall forfeit to tie oWile,
q s25 which can bs recovered By action
= for debt before any justice q me peace
Z II amy estray, after being taken I'll
and advertised, be aost or injured with
ont negligence Oh tlie part Of the finder
ae ii not liable to the owner