The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-03-16
NORTH DAKOTA HERD And ES7RAY Law
Synopsis Of Laws Governing the Taking Up Of Estrays
and Stock Running at Large
&trayS Must be Advertised and Description Filed With
County Auditor and Commissioner Of Agriculture.

OullulSSlUllGr Vi h8rlCQllurG
crops or premises. He shall also be
allowed his actual cost of feeding
and caring for such estrays, (alse
cost of advertising, the fee being $3)
provided, however, that If any person
taking up an estray shall have caused
the same while in his possession tc
perform any labor for his own benefit
no compensation whatever shall be al
lowed him for feeding or caring fol-
such estray for any portion of the
time after such animal shall have
been taken up by him
If two or 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.
II the appraised value of any es-
tray exceeds $25, and the same is not
called for within one year after the
advertisement in the oficial 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
shall be posted in three public places
in 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
ent at the place, and the justice shall
proceed to sell such estray 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 thu 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
therefor. ALI moneys so de-
with the county treasurer
shall be by him retained in the treas
Try for six months thereafter, separ
tie and apart from all other moneys,
Ind If the owner Of any such estray
hall within such period appear be-
ore the board Of county commission
rs and establish his title to such
stray, such board shall order the ,
mount 50 paid into the treasury to
e paid to such owner. II no such
erson appears within six months :
the deposit Of such money, the +,
anne shall be passed to the school
ind Of the county and shall be &C.
ounted for and expended a. other .
chool money. y
whenever any money is paid into =
be county treasury on account OF !.
the Justice paying the same :
hall deliver to the county treasurer =
certificate setting forth the descrip I
lon Of the estray from the sale Of .
hitch the same was obtained and the !
1arks and brands Of such estray and I
be name of the person by whom '
UGH animal was delivered to him to :
sold; and such certificate shall be y
led BY the county treasurer and 4
reserved in his ONCE. e
Must Pay Advertising Fec. g
The fees OF the Justice. and for ID q
ertising and appraisers, shall be paid
y the person taking up the estray,1
MI the same shall constitute a, first {
Zen upon the estray and shall be paid {
" the owner before be shall be en- y
tiled to take away such estray. =
Il any person not authorized so to !
10 shall take up any estray or lost
goods or II any person taking up such {
sstray or lost goods shall wilfully
to. cause the hame to be ad- !
as provided by law, or shall
to feed sufficiently or properly |
care for the same, such person shall
oe liable to the owner thereof for all
damages.
If any estray after being duly ad-
vertised, shall, without fault of the
person taking up the same, die OF be
stolen or escape and wander away,
the person taking up the same shall
not. be responsible therefor.
The manner of taking up, apprais-
ing, advertising and d;sposing Of any
lost goods or personal property which
may be found upon the highways or
in any other place shall be the same
as provided for estrays.
The following fees ale allowed in
cases of estrays:
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