Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-02-27
NORTH OAK. HERD And ES1RAY Law
Synopsis Of Laws Governing the Taking Up Of
Eslrays and Stock Running Al Large !.
Esfays Must be Advertised and description Filed With
County Auditor and Commissioner of Agriculture q

StStS W CuS IdLe'St ploFiSAoAS 2 ~ 5eAASSe
estray and herd laws the Tribune
briefly summarizes the laws on these
subjects as they now stand on the
statute books as follows: 4% 5
No person shall take UP an estray
animal except in the county wherein
hesresides and is a freebooter, nor
unless such festray is found in the
vicinity Of his place of residence, nor
take. up an estray animal between the
first day Of November and the thirty:
first day Of March, Inclusive unless
the same is found trespassing upon
The premises Or Within the enclosure
ofsthe, person taking upsthe same.
Each, person taking up an .estray
horse, mare; colt, ass, mule or neat
cattle, sheep, hog or goat, shall within
ten days thereafter give notice of the
finding and taking up Of the said ami
mail in a weekly newspaper if there
is such a newspaper published In the
county, II, not, in, the nsarest news
pager, which ertisement shall give
a dascriptipn 0f such estrayi and the
marks and brands thereon. Any per
son taking DIP such; sstaay }sshaa1r also
filss within ten days, with the county
auditor OF the county wherein such
esffay Is taken up, a. description. Of
such stray ana Tie marks and brands
thereon. Such person shall; also,
within ten days from the time of taxi
inn up such estray mail to hhe conn
missioner Of agriculture, at his Office
Sin4s Bismarck, by registered mail, a
true copy or the notice hereinbefore
required to be given to- the county
auditor of the respective counties.
The receipt for the registered letter
and proof Of publication Of the notice
assherein provided mustsibe filed with
the scounty auditor of the county
where such estray was taken up. be-
fore said estray can be appraised or
before appraisers can be appointed.
Any person taking up such an estray
who fails to advertise such estray or
who fails tos flea description thereof
with the county auditor or fails to
mail a copy of said notice to the com.
missioner OF agriculture as herein
provided, shall be guilty Of a misde
meanor and shall be liable to the
owners Of such estray for all damages
caused by neglecting to advertise as
herein provided. ..
Duty of Newspapers.
II shall be the duty of the news
paper in which an estray notice is
published to transmit, IL the property
Isl llncalled for while the notice is be
ing run, the third insertion Of such
advertisement to the official estray
paper, (which at the present time is
the Washburn Leader), in which ali
estray notices shall be published
once, and failure on the part of the
proprietor of the local paper so to dc
shall be a. misdemeanor. 1t is tIle
duty of the official estray paper ie
transmit one copy weekly to the Office
of the county auditor of each county
4 In the state, and the county; audito,
shall keep such copies on file In 1lis
office, and the board of county com
missioners of each county shall or
the first Monday in January of eacf
year appropriate the sum of five dol
lars to pay the official estray paper
for such publication. =. |E
Recovery Of An Estray.
Whenever any person shall appeal
j and make claim to any estray SO TAX
en- up, such claimant and the person
taking UP such estray may go before
a Justice of the peace in the county
and such claimant shall make afi
DART in writing setting forth his
name and place Of residence and thai
he ~ the actual owner Of such estray
describing 1t and thereupon the per
son taking up such cstray shall be
authorized to deliver the same IL
such claimant on payment Of all fees
advanced BY him and the actual cos
OF caring for and keeping such estray
Il the persons cannot: agree as TO- ths
amount OF such charges the owner D,
the animal and the person taking III
such estray shall each choose one dis
interested freeholder as arbitrator
and the two 80 chosen shall choose !
third person Iiying IN the vicinity
where the estray was taken up. .Ths
aInoant assessed by g,lch arbitrator
shall be hnaI,
Appraised of Eatrzs
~ such estray shall nos be claimes
ard taken aWay Eithin one year afte,
adyerttse zAezsE theraCf and II the pen
SOB taking 10 such estray shall have
caused the same to be duly adyer
tissa and shall not Id way havs
Violated the provisions of the law
tlafs property therein silass immediate
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