Elmore bulletin. [volume] (Rocky Bar, Idaho) 1889-1906, 1890-12-20
EsTRAYs.
The Law In Relation Tbercto---infor-
nation of Interest to Stock
Owners and Others.


trays in Idaho, is published for the i'm
formation OF all whom il may con
Germ:
Section 1860. Every person taking
up any stray animals must, within five
days thereafter, notify the owner there
Of, II to him known, and request such |
owner TO pay all reasonable charges
and take such stray away.
Sec. 1861. Any person finding an
animal known 10 be an estray upon
land enclosed and in the possession OF
such person, at any time between the
fret day OF November and the first
day OF April, may Immediately take mp
such animal rs an estray; OF II, during
such time, an animal be found upon
premises occupied by another. in a
condition 10 require food 10 preserve
its life, it may be taken up and pub
lished as an estray in accordance with
the provisions of this title.
Sec. 1862. II the owner or claimant
Of any stray animal be unknown, the
taker-up must, within ten days after
taking mp such animal, post written
notices giving O description Of such
animal, the marks, brands, natural or
artificial, as near rs practicable, the
name and residence Of the takerup,
one in three public places Of the county
and one also shall be posted at the
door Of the Auditor OF the said county,
or give such notice by publication
thereof in weekly newspaper pub
lished in the county, in at least four
issues Of said paper the written mo-
tice must also be deposited by the taker
up OF such estray in the office OF tee
County Auditor, and must be kept on
file by said Auditor for the period Of
six months.
Sec. 1863, II the owner, or any per-
son entitled to the possession Of an
estray, appear at any time within two
months after said notice Ia filed with
the Auditor, as aforesaid, he is entitled
TO the possession of such estray upon
payment OF all lawful charges which
have been incurred in relation 10 the
same; provided, that he need not pay
for the keeping OF said estray more
than five days prior to the filing OF the
notice with the Auditor by the taker-up.
Sec. 1864. IL the owner and the
taker-up Of any estray cannot agree
upon the amount of such charges, or
for the use of any such stray, either
party may make application TO any
Justice of the Peace OF the county
where such stray was taken up TO set
tie the same, and the party making
the application must give notice to the
other party, and il any amount be
found due To the taker-up by said JUS
tice over the value OF the use OF such
adjudication, and II not paid, said jug
tice may enter up judgment and issue
execution, commanding the sale OF
such estray to pay such debt and cost,
but OILY such stray can be made liable
for debt and cost, and either party has
the right TO appeal 10 the District
Court as in other cases.
Sec. 1865. II any person entitled 10
possession of any estray does not APP
pear aud substuntiate his title thereto,
and pay the charges thereon, within
two months from the time when such
notice is filed with the County Au
ditor, such estray must be sold at the
request OF the taker-up by the Sheriff
or any Constable OF the county, Mt
public auction, upon first giving public
notice thereof. in writing, by posting
up the same in three OF the most pub
lie places in the precinct where such
estray was taken up. at least ten days
before such sale and the taker-up
may bid thereon at such sale !; and after
deducting all the lawful charges OF
! the taker-up, as aforesaid, and the fees
of the sheriff or constable, which are
the same as ON an execution, the re-
manning proceeds of such sale must
} be deposited in the county treasury.
Sec. 1866. II any person, without
the consent of the taker-up, takes away
any stray taken up pursuant TO the
! provisions of this title. without first
/ paying all the lawful charges incurred
in relation To the same, he is liable Il
the taker-up for the full yalue Of such
stray, and may be proceeded against
before any court having competent ju-
risdiction.
Sec. 1867. II the taker-up OF an es-
tray neglects 10 cause tho same To be
: advertised, or notice thereof To be
A posted, or il he moves or causes the
same to be moved beyond tue bounds
, Of the county where taken up, or ii he
. neglects to perform any of the duties
! required OF him by this title, lie is pro.
( cluded from acquiring any right Oi
property in such stray, and from re.
r ceiving any damages or charges for
keeping the same, and he forfeits and
must pay into the county treasury n
, sum equal to the value OF such stray,
! TO be sued for and recovered by the
| county treasurer, in the name Of the
. county, and the amount So recovered
must be applied TO the common school
! fund Of the county.
Sec. 1868. Ii the owner or claimant
OF any stray sold under the provisions
Of this title, within the period of six
, months after such sale make satisfac-
tory proof of ownership TO the County
Commissioners Of the county in
which said stray WAS sold, the Com
! missioners must therefore order war
rant 10 be drawn upon the county
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