The Cooperstown courier. (Cooperstown, Griggs Co., N.D.) 1902-1913, 1904-02-25
NORTH DAKOTA EsrRAY LAW
synopsis Shows Time Cattle May Run at
Large and Proceedings to be Taken
when Animals are Restrained

Large and Proceedings to be Taken
When Animals are Restrained
There seems to be a general misunder-
standing in regard to the meaning OF the
estray law now on our statute books.
The following Is the law:
Section 6153 Of the North Dakota code
reads: ANY person owning or having in
MS possession or charge any horses,
mules, cattle. goats. sheep or swine or
any such animals. which shall trespass
upon the lands of another whether fenced
or not fenced. shall be liable to the party
injured for all damages sustained by him
by reason OF such trespassing. unless the
trespass is committed between the first
day of November and the first day Of
April of each year, as provided in Section
l549 of the Code" This section has been
amended to read 1.-The first day Of Decem-
Der" instead of 1.-The first day of Novem-
ber." The present statute in section 1919
says: 1T shall be lawful for cattle
horses. mules. ponies. swine. goats and
sheep to run at large from the first day
of December until the first day CT April
each year. except within the corporate
limits of any city or village; provided that
no stallion or vicious bull or any other
animal known to be vicious, shall be al
lowed to run at large at any time''
Section 1871 provides that: mo person
shall take up an estray animal except i'll
the county wherein he resides and is Il
householder, nor unless such estray is
found in the vicinity of his place of resi-
dence. nor take up an estray animal be-
tween the first day of December and the
S1st day of March. inclusive, unless the
same Is found trespassing upon the prem
Uses or within the Enclosure of the person
taking up the same"
The intent of the law is clearly to re-
Quire of any owner or other person in
charge of stock to retain them by proper
means from running at large at all times
except between December LIST and March
31st. inclusive. The purpose of this pro-
vision is to allow freedom to those who
keep domestic animals to permit them to
run at large during those months Of the
year when the crops cannot be injured by
the stock running at large. During the
season between December LIST and March
31st. inclusive. it becomes the duty of
those who have grain. hay or straw which
they desire to protect to enclose the same
within a proper enclosure.
During the period mentioned one does
no wrong by allowing his stock to roam
at will and is not responsible in an action
of 'trespass for damage done upon the
land Of another to his perishable prop
erty. which has been injured because OF
| the lack OF proper precautions to fence
said property. There is no obligation
upon anyone to build fence, but IL the
owner does not desire to fence, he must
take all chances Of trespass on his land
by the animals which are running at
large during the winter months. and he is
barred from bringing an action in tres
pass because of their encroachment ON
his land.
Section 1855 says: "Any person owning
or having in charge any horses. mules,
cattle, sheep or goats, or any such ami
mails which shall breach or break
through. over or under any lawful fence,
not property Of the owner of the Offend
ing animal, shall be liable to the party
having sustained injury by reason Of such
preaching or breaking
A lawful fence for the enclosure Of farm
and other premises Is described in Sec
ton 1854 as follows:
Now to summarize. The estray law now
on the statute books makes it proper to
turn stock loose on December first in
stead of November first as under the old
law During the time between December
LIST and March 31st, inclusive stock may
run at large.
The owner Is not liable for their tres
pass upon the property Of another unless
they break through lawful fence. Dur
ing the time between April LIST and No
vember Goth. inclusive. animals running
at large may be taken up as estrays, by a
householder. and by no other person. Any
person taking up an estray during this Pc
riod must comply with section 1872, which
is as follows:
Zach person taking up an estray horse,
mare. colt. mule ass. or any neat cattle,
sheep, hog or goat shall, within ten days
thereafter, give notice Of the finding and
taking up OF such animals in a weekly
newspaper, il there is such newspaper
in the county, II not, in the nearest news
paper, which advertisement shall give q
description of such estray and the marks
and brands thereon. Any person taking
up such estray shall also file. within ten
days. with the county auditor Of the
county wherein such estray Is taken up, a
description OF such estray and the marks
and brands thereon. Any person taking
up such estrays who fails to advertise as
aforesaid and file a description thereof
with the county auditor, as herein pro-
vided shall be guilty of misdemeanor
and shall be liable to the owners Of such
estray for all damages caused by neglect
ing to advertise as herein provided"
Within ten days a description of the
animal, including all marks and brands,
should be filed with the county auditor
and published in a newspaper within the
county. The party taking up the estray
should pay the publisher for advertising
the same and take a receipt therefor, and
should not deliver up the stock to the
the cost of the advertisement is paid.
Under section 1882 such expense become a
flrst lien upon the estray.
Should such estray remain unclaimed
one year after such advertisement it be-
comes the property Of the party taking up
such stock, II the value is less than $25. co.
The statute provides for selling the es-
tray where the value exceeds $500 and
out of the proceeds of the sale all proper
fees for feeding and caring for such es-
tray, together with costs of advertising,
are taken out and the balance turned
over to the county treasurer, who retains
it for six months separate from other
money. During this period the owner Of
the estray may appear before the COM
missioners and establish his title and the
amount in the treasury as the net pro-
ceeds Of the sale shall be turned over to
him. II no person appears within six
months the money goes to the school
fund Of the county.
In the foregoing extract from the North
Dakota statutes we have tried to make
it clear to our readers just what the es-
tray law covers. OF course, the meaning
Of law cannot always be drawn from
the text of the law itself. and must be
gotten by reading the law in connection
with other provisions Of the statute. w.
have endeavored to do this. It may be
that some points are still left in the dark,
and II so, we would be pleased to hear
from any one who has some question to
ask and we will try to find an answer