Courier Democrat. (Langdon, N.D.) 1891-1920, 1911-06-15
ABOUT TAKING UP:fSTRAyS.

AS considerable misunderstanding
exists about the estray laws Off North
Dakota it is presented shorn of all.nlegal
phrases so that everyone may know the
correct method of procedure IN such
cases.
Section 1872 of the 1905 code OF North
Dakota says that no person shall take
up any estray, except in the county
where he lives, and is a householder, and
not unless the estrayis in the immediate
vicinity of his residence nor can ne take
the animal up between Dec. l and April
l, unless it is trespassing on his premises
or within his enclosures.
Section 1878 III. B. No. 23O OF 1907
session law tells how to advertise estrays'
Each person taking up an estray must
advertise it, %giyingsfull description with
marks and brands, etc., inside OF ten
days in a weekly newspaper IN MS
county, or the nearest newspaper, II
there is none in his county. The law
fixes this cost at So payable in advance.
He shall file with his county auditor a
complete description of the estrays Ia
clipping of the newspaper notice is best,
and easy to get,) and mail another com
plete description to the state commits
sioner of agriculture and labor at
Bismarck, N. D., by registered mail, and
keep his registry receipt to file, with an
affidavit of publication which his home
newspaper will give him after the estray
notice has been run the three required
insertions, with his county auditor before
appraisers can be appointed or the
estray appraised. All this must be done
inside of ten days after he takes the
animal up or he is guilty of a misde-
meanor or liable to the owner of the
animal. There is one exception, that
the estray be apparently worthless. in
which case a justice of the peace shall
choose a freebooter and they two choose
another disinterested party, these three
shall decide, without pay, and If found
to be worthless, the estray shall be de-
stroyed by the man taking it up.
Section 1878. There is a state estray
paper which publishes the notice once.
This paper is appointed by the governor
and changes occasionally. 1t is now
The Cakes Times, at Cakes, N. D. You
need give no attention to this as your
home paper will send them a notice.
Section 1875. The owner may get his
stock by going before a justice of the
peace in his county and describing it in
writing, giving his name and residence,
stating that he is the owner of the estray
when the holder of the estray shall be
authorized to give him his stock upon
the payment of actual costs of keeping,
advertising and caring for it. If the
holder of an estray use the animal for
work in any way, he cannot collect
payment.
Section 1875. The holder becomes
owner of an estray after one year from
the time he advertised it and gave
notices, If it is not claimed and taken
away, provided that the animal is worth
less than $50. The holder shall notify
his county commissioners, who appoint
competent persons to decide upon the
animals value.
Section 1879. The estray may be
sold if found to be worth more than $25
after one year from date of taking up
and advertising as set forth, by a justice
of the peace naming a place and date of
sale, advertising the sale three times in
his county weekly newspaper twenty-five
days before the day of the sale. On
the day set the holder shall bring the
estray to his place, the justice sell it for
cash at public auction, deduct the cost
of keeping, caring for, advertising, etc.
and deposit the proceeds with the
county treasurer for six months, when
if not claimed by original towner. the
money shall be turned into the county
school fund.
Cut this article out and lay it uE
where you can find it. You will then
know how to proceed legally IN case you
take up estray stock.