The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-03-16

as to the latest provisions Of tn
estray and herd laws the Leade
briefly summarizes the laws on thes'
subjects as they now stand on thu
statute books as follows:
No person shall take up an estra!
animal except in the county wherein
he resides and is a freeholder, no.
unless such estray is found in the
vicinity of his place of residence, mol
take up an estray animal between the
first day of November and the thirty
first day of March, inclusive, unless
the same is found t~respassing upon
the premises or within the enclosure
of the person taking up the 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
NAL, in a weekly newspaper, II there
is such a newspaper published in the
county, il not, in the nearest news
paper, which advertisement shall give
a description Of such estray and the
marks and brands thereon. Any per
son taking 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 stray and the marks and brands
thereon. Such. person shall, also,
within ten days from the time of tax.
ing up such estray mail to the COM
in Bismarck, by registered mail, a
true copy of 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
as herein provided must be filed with
the county 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 to file a 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 INSIDE
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.
1t shall be the duty Of the news
paper in which. an estray notice iS
published to transmit, If the property
Is uncalled for while the notice 10 be-
ing run, the third insertion Of such
advertisement to the ofncial estray
paper, (which at the present time is
the Washburn Leader), in which all
estray notices shall be published
once, and failure on the part Of the {
proprietor of the local paper 30 to do {
shall be a Aisdemeanor. It fs the ]
of the oficial estray paper to {
transmit n copy weekly to the once {
of the county auditor Of each county
in the state, and the county auditor I
shall keep such copies ON hle in his {
of1ce, and the board Of county COM I
n%issioners Of each county shall on 8
first Monday in January Of each I
year appropriate the sum Of I'VE dol Y
ars to pay the official estray paper I
'or such publication. \
Recovery Of An Estray. {
Whenever any person shall appear
md make claim to any estfay SO TAX !
IN up, such claimant and the person
up such estray may 60 before
! justice of the peace in the county
and such claimant shah make ami
davit in writing setting forth his
name and place ,e1. residence and that
he is the actual owner Of such estray
describing it and thereupon the per-
son taking up such cstray shall bel
Authorized to deliver the same to
such claimant on payment of all fees
by him and the actual cost
of caring for and keeping such estray.
II the persons cannot agree as to the
amount of such charges the owner Of
the animal and the person taking up
such estray shall each choose n dis
interested freebooter 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.
If such estray shall not be claimed
and taken away within one year after
advertisement thereof, and If the per-
son taking up such estray shall have
caused the 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 $25.
The person taking up such estray
shall notify the board of county com
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