The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1888-05-31
DO Unto Others as You Would
That Others Should DO Unto

There IL need of a better under.
standing Of the law defining the duties
which owners Of live stock owe to
alssmselyes, as well as to their
nsighbors, and to that end We give
.;to.aay what the territorial code says
concerning estrays. We published a
short time ago the herd law, which
riyes redress for injuries done by
t~rerpassing cattle.
Between these two laws, every farm
er thould feel amply protected against
possible mischief by offending api.
mals, but there is a case where it
would seem 10 be regarded by some,
neither Of these laws avails-and that
is where your neighbor neglects to
herd his cattle and they are making
straight for your garden patch and
your wheat field, you spend your
time in preventing their straying on
10 your premises and committing
damage by driving them off and back
TO where they belong.
A fair and liberal construction Of
either Of these laws, and the mulcting
in costs and damages of a few offend.
ers, would, we opine, have the de.
sired effect. Owners of stock should
look we'll to their property and guard
against giving offense to their neigh
bors. Follow the golden rule.
ESTRAYS.
Sec. 1892. No person shall take up an
estray animal ex cept in the county wherein
he or she resides and is q householder or
holds Q claim under the presumption or
homestead laws, nor unless the same be
found in the vicinity Of his or her claim or
place Of residence; provided, that this shall
not be so construed as to prevent taking up
OF any estray found in the uninhabited parts
of this territory, and at a distance Of ten
miles from any habitation.
Sec. 2293. No person shall take up on
cstray animal mentioned in the next section,
between the first day Of October and thirty
first day of March inclusive, Vi hess the same
be found trespassing upon the premises or
within the Enclosure Of the person taking up
the same.
Sec. 1894. Every person who shall take
ny an estray horse, mare, colt, mule, ass or
sny head of neat cattle, sheep, hog or goat,
shall within fifteen days thereafter give
notice Of the finding and taking up of such
animal by posting a written advertisement
thereof, with a description Of such estray
and the marks and brands thereon, in three
public places in the county wherein be re-
sides, or by publishing such advertisement
three times in a weekly newspaper, if there
IS 4 newspaper published in the county in
which the estray IS taken up and ii the
same be not called for or claimed by any
person within twenty-five days after the
posting Of such notice, or within three
weeks after the first insertion Of such notice
in a newspaper, the person taking up such
estray animal shall 60 before some justice Of
Che peace Of the county wherein he resides
snd make oath that such animal was found
estray by him, and the place where the same
was found; that the marks and brands
tsercon have not been effaced or altered by
MIN since the taking up, and that he hath
duly advertised the same as required by
Law every such affidavit shall be made and
subscribed in the docket Of such justice, and
shall be sufficient proof Of the advertise.
ment Of such estray as herein required.
Sec, 1926. such justice of the peace
shall thereupon issue his warrant to three
disinterested householders of the county,
unless their attendance may be otherwise
had, commanding them TO attend at such
place as may be therein mentioned, to ap-
praise such estray; the appraisers 50 ap-
pointed, or any two of them, shall thereupon
proceed to appralse such estray, and upon
the completion Of such appraisement shall
sstend before the justice and report their
appraisement in writing, to be subscribed
aud sworn to by them, setting fo'th q
description Of the estray appraised, the
marks and brands thereon, the name and
place Of residence Of the person taking the
same up, and that the appraised value OF
snch estray is a fair and true valuation
thereof; and the justice shall thereupon
enfer such certificate in his docket.
Sec. 1896. Upon the completion Of such
Appraisement as aforesaid, the justice Of the
beace before whom the apprsisement is had
ebsll forthwith post in three Of the most
s@srnhlic places in his county, or publish three
nss IN . newspaper, if there is q news
paper published in the county, q notice OF
the taking up Of such estray, with a descrip-
fion thereof, and Of the marks and brands
thereon, and the name and place Of resi-
dencee OF the person taking up the same.
SEQ. 1927. Such justice shall also trans
mil ! cory Of such affidavit or certificate Of
re appraisers, certified by him to be a true
cspy from his docket, to the register Of deeds
81 his county within ten days after the COM
spletion Of such appraisement.
Pee. 2298. Every register Of deeds upon
rcceiying any such certified copy Of such APP
spvAiysments shall forthwith cause the same
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