The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1904-01-30
THE EsTRAY LAW.

our statute books. Many inquiries
regarding the law and its effects
have come to us since the. publica-
ton Of the text of the law some
time ago. We have concluded to
make an attempt to clear up some
points of the law for the benefit of
those who have stock running at
large and are therefore interested
in knowing just what the present
estray law demands.
Section 6153 of the North Dakota
Code reads:-"Any person owning
or having in his possession or
charge any horses, mules, cattle,
goat 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
"the first day of December instead
of "the first day of November. y
The present statute in section l549
says" It shall be lawful for cat
tie, horses, mules, ponies, swine,
goats, and sheep to run at large
from the first day of December
until the first day Of April each
year, except within the corporate
limits of any city or village; pro-
vided that no stallion or vicious
bull, or any other animal known to
be vicious, shall be allowed to run
at large at any time"
Section 1871 provides that: No
person shall take up an estray an
imal except in the county wherein
he resides and is a householder,
nor unless such estray is found in
the vicinity of his place Of resi-
dence, nor take up an estray ami
NAL between the first day Decem-
Der and the 3lst day of March, in
elusive, unless the same is found
trespsssing upon the premises or
within the inclosure of the person
taking up the same"
The intent of the law is clearly
to require any owner or other per-
son in charge of stock to retain
them by proper means from run
ming at large during those months
of the year when the crop cannot
be injured by the stock running at
large During the season between
December first and March 31st, in
elusive, 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 re-
sponsible in an action Of trespass
for damage done upon the land of
another to his perishable property
which has been injured because of
the lack of proper precautions to
fence said property. There is no
obligation upon anyone to build a
fence but if 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 il barred from bringing an
action in trespas because of their
encroaehment on his land. If the
owner desires to build a lawful
fence and the, cattle of another
break through and commit trespass
and damage property while such
proper fence is kept in repair, then
the owner or other person in charge
of said stock is liable in damage
therefor.
Section 1856 says 3" ANY person
owning or having in charge any
horses, mules, cattle, sheep or goats
or any such animals, which shall
breach or break through, over or
under any lawful fence, not prop
erty Of the owner Of the offending