The Livingston enterprise. [volume] (Livingston, Mont.) 1883-1914, 1891-05-23
The New Estray Law.


trays upon the public domain.
Be it enacted by the legislative as
sembly of the state of Montana:
Section l. That the board of stock
commissioners be and it is hereby au-
thorized to take possession of all estray
horses, mares, geldings, colts, mules and
asses found running at large upon the
public domain and to dispose of the same
subject to the following restrictions:
Sec. ?. For the purpose of carrying
this act into effect said board of stock
commissioners shall divide the state into
suitable districts and as occasion may
require shall appoint some person resid
ing in each of SAID districts whose duty
it shall be to take into his possession al
such estrays found in his district
Sec. g. Such person 81 appointed for
such person shall hold the estrays SO
collected by him in his possession and
care for the same in the cheapest and
most practical manner for period of
fOrtytwo days from the time when such
estrays have been so taken into his pos
session; during which time said estrays
shall he advertised in one paper within
the district where such estrays are held,
and in one general stock paper of the
state, once week for the period of four
consecutive weeks, which notice shall be
in form as follows: ''Notice is hereby
given that have taken into my posses
sion the following estrays (here describe
the animals), and that l hold the same
at ..... in the county of
............, state of Montana"
Sec. 4. At the expiration Of the said
forfv fu, davis oil animals not flainnn6
by the owner or owners thereof shall be
sold by the board of stock commission
ers in such manner and at such time
and place as such board shall deem best.
At the time of said sale the said board
shall cause all animals to be branded
with brand to be adopted by said
board, which shall be vent against all
other brands upon such animals.
Sec. 5. Said board shall keep on file
in it's Office a record giving as near as
may be the age, color, sex and brand OF
all animals sold under this act together
with the gross and net amount realized
for the same, which net amount shall be
held by said board subject to the order
of the rightful owner, when such owner
ship is proven to the satisfaction OF said
board.
Sec. 6. The board of stock commits
sioners shall file annually copy of the
record of such animals sold during the
preceding six months with the secretary
of state and each of the county clerks of
the state, and said board of stock COM
missioners shall also make such record a
part of their annual report to the COVER
nor.
Sec. I. All expenses attending the
gathering, holding, advertising and sell.
ing Of such estray animals shall be paid
out of the gross proceeds of the sale OF
such animals, and so much of the net
proceeds of said sale as is not claimed
within the period of two years after such
sale shall be covered by the board OF
stock commissioners into the state treas
ury, and become part Of the stock in
spector and detective fund.
Sec. 8. It is hereby made a misde
meanor for any unauthorized person to
take up or in any manner hold any es-
tray animal except in the manner now
provided by law for trespassing animals,
and any person so doing contrary to the
provisions of this act shall he upon con-
yiction thereof fined in the sum of not
less than S25 nor more than 500, or be
imprisoned in the county Jail not less
than ten nor more than sixty days. or
shall be subject to both such fine and
. Sec. 9. An estray within the meaning
IF this act shall be considered an AMI
NAL that after careful inquiry by the IN
,pector or the person herein Provlaeo
'or, to be appointed by, the ooard OF
stock com missio6ers in each OF SAID dis
;ricts, among reputable resident stocK
owners or freeholders is found 10 pe ap-
without ownership IN that To-
,ality. -, ,oo1