Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1898-01-07
Estray Laws of Idaho.


Below are a few extracts from the
estray laws of Idaho
SECTION 1360.--Every person taking
up any stray animal, must within five
days thereafter, notify the owner
thereof, if to him known, and request
such owner to pay all reasonable char
yes and take such stray away.
SEC. 1361.-Any person finding All
animal known to he an estray upon
land enclosed and in the possession Of
such person, at any time between the
first day of November and the first
day of April, may Immediately take
up such animal as an estray: or If, dur
ing such time, an animal be found up
On premises occupied by another, in
q condition to require food to preserve
its life, it may be taken up and pub
lished as an estray in accordance with
the provisions of this title.
SEC. 1362.-If the owner or claimant
Of any stray animal be unknown the
taker-up must within ten days after
taking up such animal post notices
giving description of such animal, the
marks, brands, natural or artificial as
near as practicable, the name and resi-
dence of the taker-up and the time at
which the same was taken up. one in
three public places of the county, and
one also shall be posted at the door of
the AUDITORS office of said county, or
give such ,tice by publication thereof
In weekly newspaper published in
the county, in at least four issues of
said paper; the written notice must
also I've deposited by the taker-up of
such estray in the office of the County
Auditor, and must be kept on file by
said Auditor for the period of six
months.
SEC. 1363.-If the owner, or any
person entitled to the possession Of
any estray, appears at any time within
two months after said notice is filed
with the Auditor, as aforesaid, and
make out his right thereto, he is ell
titled to the possession of such estray
upon payment of lawful charges which
have been incurred in relation to the
same; Provided, that he need not pay
for the keeping of such estray more
than five days prior to the filing of the
notice with the Auditor by the
taker-up.
SEC. 1364.-If the owner and 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
estray was taken up to settle the same.
and the party making such applica-
ton must give notice thereof to the
other party, and If any amount be
found due to the taker-up by such JUS
tice, over the value of the use of such
estray, the same is lien on said estray
until paid by the owner, together with
the cost of such adjudication, and If
not paid, said justice may enter up
judgment and issue execution, com
mandlng the sale of such estray to
nay such debt and cost, but only such
estray eau be made liable for debt and
cost, and other party the right to ap-
peal to the district court as in other
cases.
SEC. 1365.-If any person entitled to
appear and substantiate his title there's
two months from the time when such
notice is filed with the County Audi
tor, such estray must be sold at the
request Of the taker-up, by the sheriff
or any constable of the county, living
nearest the place of sale, at public auc-
ton, upon first giving public notice
thereof in writing, by posting up the
same in three of the most public pla-
ces 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 deduct.
ing all the lawful charges of the taker-
up, AS aforesaid, and the fees of the
sheriff or constable, which are the
same as on execution; the remaining
proceeds of such sale must be deposit
ted in the county treasury.
SEC. 1367.-If the taker up of any
estray 1eglects to cause the same to be
advertised, or notice thereof to be
posted, or If he moves or caused the
same to be moved beyond the boun-
diaries OF the county where taken up,
OF if he neglects to perform any of the
duties required of him by this title, he
is precluded from acquiring any right
OF property in such estray, and from
receiving any damages or charges for
keeping the same, and he forfeits and
must pay into the county treasury, a
sum equal to the value of such estray,
to he used for and recovered by the
county treasury, ia the name of the
county, and the amount so recovered
must be applied to the common school
fund of the county.