Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1893-07-28
RELATING TO ES1RAYS.

uAAoluNO ~ ~ In "
Act Approved March Z, 1890.
AS there seems to be some .misunder-
standing as to what are the provisions of
the estray law, the Record once more re.
prints the law in full, and it would be
good idea for each subscriber to cut 1t
out and paste it IN his scrap book.
Sec. /. EStrays, Who Nay Take Up.-
No person shall take up an estray animal
except in the county wherein he or she
resides or is householder, or holds a
claim under the pre.emption or homes
stead law. nor unless the same be found
IN the vicinity of his or her claim or place
of residence.
Sec. 2. When EStrays May Be Taken Up.
No person shall take up an estray ami
NAL mentioned in the next section, be-
tween the 1st day of November and 31st
day of March inclusive, unless the same
be found trespassing upon the premises
or within the incloaure of the person
taking up the same.
Sec. 8. Notice of Taking Up Estray.-
Every person who shall take up any
estraY horse, mare, colt, mule. ass, or any
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 publishing three times in
a weekly newspaper, ii there be such pa.
per published in the county in which the
estray is taken up ; if not IN the nearest
newspaper, which advertisement shall
give description Of said estray and the
marks and brands thereon. ANY person
or persons taking up property as herein
described and failing to advertise shall be
guilty of a misdemeanor. N. B.-Give
as complete o description as possible.
The punishment for failure to advertise
an estray is a fine not exceeding 500 or
less than $40, one.half to be paid to the
informer and the other half into the
county treasury. [See section 1929, page
1888, Compiled Laws
Sec 4. 0hacialEStray Paper of the State.
1T shall be the duty of such newspaper
lin which the estray notice is published
to transmit, if said property is uncalled
for while being published in local pa.
per- the third insertion of such ADVERTISE
ment to such newspaper published weekly
in the state of North Dakota as the gov
ernor shall designate as the official news
paper lat the present time the Bismarck
Settler, copy of which IS filed weekly at
the county building], in which all the
estray notices of North Dakota shall be
published once; and any failure on the
part of the proprietor of such local paper
shall be misdemeanor.
Sec. S. County auditors to Keep EstrQy
Paper on Ele.--It 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 cops
les of such official estray paper.
Sec. 6. Fee for. Estray Paper.-The
board of county commissioners of each
county in the state of North Dakota shall
on the first Monday in January of each
year appropriate the sum of SIS to pay
the official estray paper for such service.
Sec.7 Owne1 May Take Estray By Pay
ing Costs.--Whenever any person shall
appear and make claim to any estray so
taken up, such claimant and the person
taking up such estray may go 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, de
scribing 1t, etc. !; and thereupon the per-
son taking up such estray shall be author
lied to deliver the same to such claimant
on payment of all fees advanced by him
and the actual cost of caring for and
keeping such estray.
Sec. 8. Arbitration in Case of Dispute
If the parties cannot agree as to the
amount of such charges, the owner of
the stock and party taking up estray each
choose one disinterested person (free-
| holders) as arbitrators, and the two so
in the vicinity where the estray was taken
up. The amount assessed by such arbi-
! traitors shall be final
Sec. 9. WAen Title of EStray Tests in
Finder.--1f such estray shall not Le
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 imme-
diately vest IN the person taking the
same up. Provided, That the appraised
value of such estray does not exceed $50.
Sec. TO- appraisal. The person taking
up such estray shall notify the board of
county commissioners to appralse or ap>
point some suitable person or persons
whose duty it shall be to appraise the
value 'of SAID estray.
; Sec. 11.FFees for Keeping Estrays. -Anv
person taking up estrays may charge for