The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1898-11-16

DlsTRAlNT OF ANIMALS.
For Doing Damage on Landed prop
erty.
| Not infrequently it happens that
damage is done on some ones proper
ty by animals owned by another.
When this is the case and recovery is
sought for the damage done, there are
certain rules laid down in the statute 8
to be followed which should not be
overlooked. These rules are as follows:
| The owner or occupant of aoy land
may distrain, beasts doing damage
thereon at any time before they escape
from the land without regard to the
sufficiency of his fences. He must
then keep them in secure place 9th
or than the public pound until the
damage done by such animals is ap-
praised. He must within twenty-four
hours after the distress, unless such
distraint is on Saturday or Sunday,
and then before Tuesday morning
thereafter, apply to the nearest justice
for the appointment of three disinter
ested inhabitants of the town as ap-
praisers. The apprs isers shall imme-
diately after their appointment pro
coed to view the damage and hear
such evidence as they deem necessary
to enable them to make the apprais-
ment, and to that end have authority
to swear witness. They shall then
certify under their hands the amount
of the damages and their fees not ex-
ceeding one dollar per day. If the
owner Of the animal or his agent shall,
before the commencement of the ap-
praisment proceeding or an action for
damages, appear and tender the
amount of damages, or such amount
as he thinks the distrainer has sus-
tanned, and such amount is accepted,
no further amount can be collected
If not accepted, and the person injured
by the depredations shall recover a
greater sum than is offered he will
not be entitled to any costs, but must
pay the costs of the other party.
Within twenty-four hours, Sundays
excepted, after damages are appraised,
unless such damages with the fees of
appraisers and of the justice of the
peace are paid, the person distraining
must cause the animal to be put into
the nearest pound in that or an adj
journing township in the same county,
but if there is no pound in the town,
then in some enclosure in the town to
be kept until sold. If there is a pub
lie pound the poundmaster shall with
in five days sell the animals upon at
least three days notice posted at the
pound and three public places in the
town, and shall until the sale furnish
them with proper food and water. If
there is no pound and they are kept
in an enclosure other than a pound
they shall be sold at public auction as
soon as practicable under the direc-
ton of the sheriff or constable, after
like notice as in case of constable sales
of personal property.
The person purchasing at such sale
shall keep the animal two months,
during which period the owner may
redeem the same by paying all costs
and charges and the price paid at the
the sale with twelve per cent. interest.
8 It is the duty of the person distrain-
ing, if he knows of the owner of the
animal taken up, to notify him, if a
resident of the same town. within
twentyfour hours, but if not of the
town but in the same or adjoining
county, within three days, Sundays al
ways excepted. This notice shall
state the time and place of distraining,
the number of beasts, and that they
were distrained for doing damage. In
the case of selling the animals dis
trained, if there is any surplus after
payment of costs and damages, it
should be paid to the owner if known.
If no owner appears, or claims such
surplus within week after the sale,
it should be paid to the county treas
urer. After such payment the owner
may claim the same less two per cent.
as the fees of the county treasurer,
within year after the distress, and if
n ~ o1o;v,,oI - rpooc ~ kho oohoo1 f,,rI