The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1888-06-07

authorized to deliver the same to such
claimant upon payment of all fees advanced
by him, and his reasonable charges for
keeping and caring for such estray. If the
parties cannot agree rs to the amount OF
such charges, the same shall be assessed by
such justice of the peace, and such assess
ment shall be final. Every affidavit re.
quired by this section shall BE- made and
recorded upon and within the docket of such
justice Of the peace.
Sec. 23Ol. If any such estray be mo-
claimed and taken way within one yea,
after the appraisemcnt thereof, as herein
before provided, and if the person taking W
such estray shall have caused the same t
be advertised and appraised as herein pro
vided, and shall not in other respects have
violated the provisions of this subdivision
Of this chapter, and if the appraised value
Of such estray does not exceed fifty dollars
the property therein shall Immediately YES,
in the person taking the same up.
Sec. 1902. Ifthe appraised value of any
estray exceeds fifty dollars, and the same is
not called for within one year after the ap-
praisement thereof, the person taking up
such estray shall notify some justice of the
peace of the county, and such justice shall
appoint q day and place for the sale thereof.
and cause notices of such sale to be posted
in three public places in the county at least
twenty-five days before such day so ap-
pointed; and OIL the appointed day the person
taking up such estray shall have the same
present at the place fixed by the justice. and
the justice shall proceed to sell such estray
at public auction for cash, and after paying
the proper fees and charges for taking up
such estray and caring for and keeping the
same, to be fixed by such justice, and the
fees advanced for the appraisement and adj
vertisement Of such estray as herein provid.
ed, and after deducting fees allowed such u.s.
tlce for such sale, and the advertisement
thereof, the residue of the proceeds of such
sale shall be paid to the county treasurer,
who shall receipt to the justice therefor.
Sec. 1908. All moneys SO deposited with
the county treasurer shall by him be retained
in the treasury for six months thereafter,
separate and apart from all other moneys;
and if the owner of any such estray so sold
as aforesaid shall within such period appear
before the board of county commissioners
and establish his title to such estray, such
board of commissioners shall order the
amount to be paid into the treasury to bere-
funded to such owner; if no such owner ap-
pear within six months after the deposit of
any such sum of money as herein provided,
the sam shall be passed to the school fund
of the county, and shallbe accounted for and
expended as other school moneys are.
Sec. 1904. Whenever any sum ofmoney
is paid into the county treasury by virtue of
section 1902, the justice paying the same
shall deliver to the treasurer a certificate
setting forth the description of the estray
from the sale of which the same was obtained
and the marks and brands on such estray,
and the name of the person by whom such
animal was delivered to him to be sold; ard
such certificate shall by the treasurer be
filed and preserved in his office, to the end
that the right Of the omnar of snoh ast.ayt~-
receive such sum Of money may be readily
established.
Sec. 1905. The fees of justices of the
peace, advertising and appraisers shall be
paid by the person taking up the estray, and
shall be paid by the owner before he shall
be entitled to take away such estray.
Sec. 1906. If any person net authorized
so to do shall take mp any estray or lost
goods, shall willfully neglect to cause the
same to be advertised and appraised as here
in provided, or shall work or use any such
estray beast except in o prudent manner and
so as not to ~injure the same, or shall when
working such beast fail to sufficiently feed
and properly care for the same, every such
person So offending shall forfeit twenty-five
dollars to the owner Of such estray, to be re-
covered by action of debt before any justice
of the peace; provided, however, that such
action shall not be q bar to an action ON
menced by the owner of such estray against
the person taking up the same, if such ami
NAL should receive a permanent injury or be
rendered useless because of i'll treatment in
hictcd or neglect received from the person
taking up such estrey.
Sec. 1907. Any person taking up any
estray may work and use the same in a
prudent manner and so rs not to inj lure the
same, but during the time of working and
using such estray shall not be responsible
therefor.
Sec. 2308. If any estray after being
duly advertised and appraised as herein
provided, shall without the fault of the per-
son taking up the same, die or be stolen or
escape and wander away, the person taking
the same up shall not be responsible therefor.
Sec. 23O9. The place of sale Of estrays
under this subdivision shall be at the county
seat of the county in which the estray is ap
praised.
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