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

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 de-
scrlbed in Section 1854 as follows:
"The posts or other uprights of
reasonable strength or frmness in
position shall not be more than 80
feet distant from each other, with
two suitable stakes between posts,
nearly equally dividing such space
in three parts. Three strands of
ordinary barb wire shall be we'll
stretched and firmly fastened to
such posts, uprigts and stays, with
the upper strand not more than 48
nor less than 42 inches above the
general surface of the ground there
under, and the lower strand not
more than 18 inches nor less than
IL inches above the general surface
of the ground, and the middle
strand nearly equally dividing the
space between the upper and lower
strands; provided, that all corral
fence exclusively for the purpose
of enclosing stacks if outside any
lawful enclosure shall not be less
than 16 feet distant from such
stacks so enclosed, shall be sub
stantially built with posts not more
than 8 feet distant from each other
and not less than five strands of
barbed fence wire shall be not less
than five feet high. Any other
kind of a fence or barrier which is
effective for the purpose of q fence
as above described is hereby de-
clared sufficient and lawful.
Now, to summarize. The estray
law now on the statute books makes
it proper to turn stock lose on De-
oember first instead of on Novem-
Der first as under the old law. Dur
ing the time between December
first and March 31st, inclusive,
stock may run at large.
The owner is not liable for their
trespass upon the property of an
other unless they break through a
lawful fence. During the time be-
tween April first and Nov. Both,
inclusive, animals running at large
may be taken up as estrays by a
householder, and by no other per-
son. Any person taking up an
estray during this period must
comply with section 1872, which is
as tollows:-
each person taking up an es-
tray horse, mare, colt, mule, ass, or
any neat cattle, sheep, hog or goat,
shall within ten days thereafter
give notice of the finding and tax
ing upof such animals in a weekly
newspaper in the county, if not, in
the nearest newspaper, which ad-.
vertisement will give a description
of the estray and the marks and
brands thereon. Any person tax
ing 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 tax
ing up such estrays, who fails to
advertise as aforesaid and file a
description thereofwith the county
auditor as herein provided, shall
be guilty of u misdemeanor and
shall be liable to the owners of such
estray for all damages caused by
neglecting to advertise as herein
provided"
Within ten days, a description
of the animals, including all marks
and brands should be fled with
the county auditor and published
in a newspaper within tie county.
The party taking up the estray
should pay the publisher for ad-
vertising the same and take a re-
ceipt therefor and should not de-
liver up the stock to the owner un-
til cost Of keeping, together with
the cost of the advertisement is paid.
Under section 1852 such expense
become a first lien upon the estray.
Should such estray remain un-
claimed one year after such adver-
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