Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-25

DEC. q. NO person snail take up an eStray
or animal mentioned in the next section
thirty-first day of March inclusive, unless
the same be found ~trespassing upon the
premises or within the Enclosure of the
person taking up the same.
SEC. 8. Every person who shall take up
any estray horse, mare, colt, mule, ass or
shall within fifteen days thereafter give
notice Of the finding and taking up of such
animal, by publishing three (S) times IN q
weekly newspaper. If there be such paper
published In the county in which the estray
Is taken up: If not, in the nearest news
paper, which Advertisement shall give a
description OF said estray, and the marks
and brands thereon. Any person or per
sons taking up property as herein described
and failing to advertise shall be guilty OF a
misdemeanor. = r. -as
SEC 1. It shall be the duty of such news.
uncalled for while being published in a
local paper the third insertion of such ad-
vertisement to such newspaper published
weekly in the state of North Dakota as the
governor shall designate as the official
newspaper, in which all the estray notices
and any failure on the part of the prOpri-
etor of such local paper shall be a INSIDE
meanOr.
SEC. s. 1t shall be the duty of the
Official estray paper to transmit one copy
weekly to the office of the county auditor
Of each county in North Dakota, and the
county auditor shall keep on file all copies
of such official estray paper.
SEC. 8. The board of county commits
sioners of each county in the state of North
Dakota shall on the LIST Monday in January
Of each year appropriate the sum of five
dollars 1861 to pay the official estray paper
for such service.
Sac. 7. Whanaver anv narson shall an.
pear and make claim to any estray so taken
up such claimant and the person taking up
such estray may 80 before a justice of the
peace in the county, and such claimant
shall! make affidavit in writing subscribed
by him, setting forth his name and place of
residence, and that he is the actual owner
of such estray, describing it, etc, and there
upon the person taking up such estray
shall be authorized to deliver the same to
such claimant, on payment of all fees ad-
vanced by him, and the actual cost of car
ing for and keeping such estray.
SEC. 8. If the parties cannot agree as to
the amount of such charges the owner of
the stock and party taxing up estray each
choose one disinterested person as arbitra.
tors, ~freehOlders, and the two so chosen
shall choose a third party living in the vi
entity where the estrays was taken up.
The amount assessed by such arbitrator
shall be final.
SEC. 9. Ii such estray shall not be claimed
and taken away within one year after
advertisement thereof, then if the person
taking up such estray shall have caused
the same to be duly advertised as herein
provided, and shall not in other respects
have violated the provisions Of this act, the
property therein shall Immediately vest in
the person taking the same up; provided,
that the appraised value of such estrav
shall not exceed fifty (5O) dollars.
SEC; 10; The person taking up such es-
tray shall notify the board of county ON
m%issioners TO appraise or appoint some
shall be to appraise the value of said es-
tray.
SEC. II. Any person taking up estrays
may charge for actual time employed, and
for actual damage done there to crops.
They shall also be allowed actual cost of
feeding and stabling, provided they have
fed and stabbed the same.
SEC. IL. If two or more animals are
taken up at the same time by the same per-
son, both and all thereof shall be numbered
in the same advertisement, and the SAM
fees are allowed as for the advertisement
or appraisement of n estray.
SEC. Is. If the appraised value of any
estray exceeds fifty dollars, and the same
is not called for within one year after the
advertisement in the official estray paper
thereof, the person taking up such estray
otANAA AoVAAJ COlAO JAoVlCC vi UlC pCdCO VI
the county, and such justice shall appoint
a 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
appointed, or shall cause such notice of
weekly newspaper, if there is one published
IN the county,. and on 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. t,d for nr cash az after pay,
for taking up such estray. and caring for
and keeping the same, to be fixed by such
justice, and the fees advanced for the an
praisement and advertisement of such es-
tray, as herein provided, n after deduct
ing the fees allowed such justice 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. IA. All moneys so deposited with
the county treasurer shall by him be re-
tanned in the treasury for six months there
after, separate and apart from all
other moneys, and If the owner OF
said shall, within such period, ap-
pear before the board of county commits
siOners and establish his title to such
estray, such board of county commission
ers shall order the amount so paid into the
treasury to be refunded to such owner; if
no such owner appear within six months
after the deposit of any such SUN of money
as herein provided, the same shall be passed
to the school fund Of the county and
shall be accounted for and expended as
other school moneys are.
SEC. IL. Whenever any sum of money is
paid into the county treasury by virtue of
section IA the justice paying the same shall
deliver to the treasurer q certificate setting
forth a description of the estrav 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 ami
ma! was delivered to him to be sold; and
such certificate shall by the treasurer be
filed and preserved in his office, to the end
that the right of the owner of such estray
to receive such sum of money may be
readily established.
SEC. 16. The fees of justices of the peace,
advertising and appraisers shall be paid by
the person taking up the estray, but the
same shall constitute a FIRST lien upon the
estray, and shall be paid by the owner be-
fore he shall be entitled to take away such
estray.
SEC. IT,. If any person not authorized so
to 90 shall a up any estray or lost goods,
or II any person taking up any such estray
or lost goods, shall Willfully neglect to