Fergus County Democrat., 1911-12-12
ESTRAY RULING.
GaIen Addresses An
Opinion Important to Stockgrowers.

OptnIOn important 10 otOCk9rOWerS.
Helena, Dec. 6.-Under ruling OF
Attorney General Galen today, to
County Attorney Justin NJ. Smith, of
BOZeman, ranchmen and others must
discontinue the practice of advertising
estray stock for sale that have come
to their place to pay the cost of feed.
| ing and caring for same. The Mon
tana statutes do not authorize such
procedure. The legal method of
procedure which must be followed by
persons who take in estray livestock
is described as follows:
! eff any person find any money,
/ goods, things in action, or other per-
sOnal property, or save any domestic
animal from drowning or from starva-
ton, when such property is of the
value of $40 or more, he must inform
the owner thereof, if known, and make
restitution without compensation fur
ther than reasonable charge for saw
ing and taking care thereof; but If
the owner is not known to the party
saving or finding such property, he
must, within five days, make an affl-
davit before some justice of the peace
of the county, stating when and where
he found or saved such property, par
ticularly describing it, and if the prop
erty was saved, particularly from
what and how he saved the same,
stating therein, whether the owner of
the property is known to him, and
that he has not secreted, withheld, or
disposed of any part of such property.
"The justice must then summon
three disinterested householders to
appraise the same. The appraisers,
or any two of them, must make two
lists of the valuation and description
Of such property, and sign and make
oath to the same, and deliver one or
| the lists to the finder and the other
to the justice of the peace.
"The justice must file such list and
the finder must transmit a copy of
the same to the county clerk of the
county, who must record the same in
book known as the 'Estray and Lost
! Property Book within Is days. and
the finder must at once set up at the
court house door and four other pub
lie places in the township or city a
copy of such valuation and descrip-
tion of property
IF no owner appears and proves the
property, within six months, and the
value thereof does not exceed 500 the
same vests in the finder, but if the
value exceeds 500 the finder must,
within 80 days after setting up the
| list mentioned in the preceding Sec
! ton, cause copy of the description
| to be inserted in some newspaper
printed in the state, for three weeks,
and ii no owner prove the property
within one year after such publica-
ton it vests in the finder.
"If, within one year, an owner ap-
pears and proves the property and
pays all reasonable charges, including
| fees of officers, the finder must re-
store the sameto him. On failure to
make restoration of such property, or
the appraised value thereof, on being
rendered such charges and fees, the
owner may recover the same or the
value thereof by civil action in any
court having jurisdiction.
"lf any person find any money,
property or other valuable thing, and
fail to make recovery of the same
as required by this article, he forfeits
to the owner double the value thereof
"The proof required by this article
must be made before the county clerk.
with whom the list provided for here.
in is filed, and if he is satisfied there
from that the person claiming to be is
the owner, he must certify that fact
under his hand and seal"