The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1905-04-15
Nc OAK. ES7RAY AND HERD LAW.
Synopsis Of the State Laws Governing the Taking Of All
EarayS and Stock Running at Large.
Etray Must Be Advertised and Descriptions Filed With
County Auditor and Commissioner Of Agriculture.

such estray shall each choose n dis
interested freeholder as arbitrator,
and the two so chosen shall choose a
| third person living in the vicinity
where the estray was taken up. The
amount assessed by such arbitratOrs
, shall be final.
Appraisal Of Estray.
II such estray shall not be claimed
and taken away within one year after
advertisement thereof, and II the per
son taking up such estray shall have
caused tho same to be duly adver.
tised, and shall not in way have
violated the provisions Of the law.
the property therein shall immediate.
ly vest in the person taking up the
same; provided, the appraised value
Of such estray does not exceed SIS.
The person taking up such estray
shall notify the board of county com.
missioners to appraise or appoint
some suitable person whose duty it
shall be to appraise the value Of such
estray.
Any person taking up estrays may
charge for the actual time employed
and for actual damage done to his
crops or premises. He sail also be
allowed his actual cost OF feeding
and caring for such estrays, (also
cost Of advertising, the fee being $3);
provided, however, that If any person
taking up al estray shall have caused
the same while in his possession to
perform any labor for his own benefit,
no compensation whatever shall be al
lowed him for feeding or caring for
such estray for any portion Of the
time after such animal shall have
been taken up by him.
If two or more animals are taken
up at the same time by the same
person, they shall be enumerated in
the same advertisement, and the same
fees are allowed as for the advertise.
ment or appraisement of one estray.
Procedure Where Value is More Than
$500.
If the appraised value Of any es-
tray exceeds $25, and the same is not
called for within one year after the
advertisement in the official estray
paper, the person taking up such es-
trays shall notify some Justice Of the
peace Of the county, and such justice
shall designate a place where such
sale shall be held, and shall name the
day. and the time of day for the sale,
and cause notice Of such sale to be
published three times in q weekly
newspaper, If there is one published
in the county; in case no paper Is
published in, the county, this notice
shallsbe posted in three public places
10 the county at least twenty-five
days before such sale, and on the ap.
pointed day the person taking up
such estray shall have the same pres.
emit at the place, and the justice shall
proceed to sell such estrsy at public
auction for cash. and after paying the
proper fees and charges for taking
up such estray and feeding and caring
for same. to be fixed by such Justice,
and the fees advanced for the adver-
tisement and appraisement Of such
estray as provided by law, and after
deducting the fees allowed such JUS
tice for such sale and advertisement
thereof, the residue of the proceeds of
such sale shall be paid to the county
treasurer, who shall receipt to the
justice therefor. All moneys so de-
posted with the county treasurer
shall be by him retained in the treas
ury for six months thereafter, separ-
ate and apart from all other moneys,
and If the owner of any such estray
Shall within such period appear be-
fore the board! of county commission.
ers and establish his title to such
estray, such board shall order the
amount so paid into the treasury to
be paid to such owner. If no such
person appears within six months
after the deposit Of such money, the
same shall be passed to the school