The herald-advance. (Milbank, S.D.) 1890-1922, 1904-01-29
law RELATING TO ESTRAYS
Compiled From Revised Code
and session Laws Of 1903

Section 1858. No person shall
take up an estray animal except
in the county where he resides.
Sec. 1853. No person shall
take up an estray between Octo.
Der 1st and March 31st, unless
the same be found trespassing
upon the premises of the person
taking up the same.
Sec. 1850 and 1881, Session
Laws of 1908. Every person who
shall take up an estray shall
within ten days publish for three
weeks a notice in his county
paper containing a description
Of said estray and the marks and
brands thereon and giving the
time and place where taken up,
and the name and address of
person taking up the same and a
copy of such notice shall be filed
with the register of deeds.
Every register of deeds upon
receiving such notice shall forth
with file the same in his office.
and it such notice describes a
branded animal, the register of
deeds shall Immediately mail a
copy thereof to the secretary of
state, as the secretary of state
brand and mark committee, to-
gether with fifty cents to be by
him collected from the person
taking or keeping up such estray,
to be q charge against such es-
tray, and and it shall be the duty
of such secretary to Immediately
+, forward such notice to the record
owner of the brand described in
such notice. If the estray is not
claimed by the owner within ten
days after such notice is sent to
the register Of deeds, the person
taking up such estray shall i'm
mediately pay the register of
deeds to whom such notice has
been sent the amount of money
necessary to pay the state paper
designated by the secretary of
state to publish estray notices;
and it shall be the duty of the
register of deeds to Immediately
forward said money and a copy
of said notice to said paper.
Sec. 1862, Laws 1903. A claim
ant must prove property before
a justice of peace.
Sec. 1868, Laws 1908. If the
estray is not claimed within
eleven months after filing notice
with register of deeds the person
taking up the same must go be-
fore a justice of peace and make
an affidavit and the justice shall
appoint appraisers.
Sec. 1854, Laws 1908. State
estray paper. The secretary of
state shall select and contract
with a printer to print all notices
of estrays sent him by the regis
ter of deeds and shall Immediate
ly upon making such contract
notify the register OF deeds of
each organized county of the
name aud postofice address of
such printer and the price of
printing such notices. Such
contract shall be made on the
first Monday of January annually
and if a vacancy shall, from any
cause, occur, the secretary of
state shall forthwith fill it by
contract. The printer thus
selected shall once in a week
issue a newspaper or a printed
sheet, in which he shall print
two successive insertions of all
estray notices so sent to him,
aud shall send one copy of each
paper issued to the register of
deeds of each county in the
state, who shall receive, file and
preservethe sameto be examined
by any person who may desire
to see them. The register of
deeds is hereby required to sub
'scribe for n copy OF such paper
so contracted with, and the
amount Of the subscription price
shall be allowed and paid out of
the treasury of the county, not
to exceed $3.50 per year.
Sec. 1867 aud 1868, Laws 1903.
The estrays, if not claimed with
in one month after the appraise-
ment shall become the property
OF the person taking up the same
II appraised at not more than $40.
IT appraised at more than $40,
the justice shall advertise and
sell the estrays at public auction
and all money above costs and
keeping shall go to the county,
subject to certain other provi-
sions. Provided if the estray
animal be swine, not to exceed
i've head in number, the person
taking up such estray animals
shall not be required to advertise