The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1911-05-29
ON TAKING UP
ESTRAY STOCK
HOW 1T MUST BE ADVERTISED
AND CARED FoR-THE STATE
Law ExPLAINEp--MusT GIVE
NOTICE IN TEN DAYs-ABouT
WORTHLESS STOCK.

AS considerable MISUNDERSTANDING
exists about the estray laws OF North
Dakota It is presented shorn Of ALI
legal phrases SO that everyone may
know the correct method OF procedure
in such cases.
Section 1912 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 houses
holder, and not unless the estray is in
the immediate vicinity OF his residence
nor can he take the animal up between
Dec. ! and April l, unless it is tres.
passing on his premises or within his
enclosures.
Section 1878 (H. B. No. 230 Of 1907
session law tells how to advertise es
trays. Each person taking up an
estray must advertise ii, giving fun
description with marks and brands.
etc, inside Of ten days in a weekly
newspaper in his county, Of the near
est newspaper, If there is none in his
county. The law fixes this cost at
S3 payable in advance. He shall
file with his county auditor a complete
description of the estrays "a 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 Bis
marck, 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 misdemeanor or la
BILE to the owner af the animal. There
is one exception that the estray be
apparently worthless In which case a
justice of the peace shall choose a free
holder and they two choose another
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 es-
tray paper which publishes the notice
once. This paper is appointed by
the governor and changes OCCASION
ally. 1t is now The Cakes Times, at
Cakes, n. d. You need give no atten-
ton to this as your home paper win
send them notice
Section 1875. The owner may get
his stock by going before a justice Of
the peace in his county and describing
1t in writing, giving his name and resi-
dence, 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 car
ing for 1t. 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 above notices, If 1t is not claimed
and taken away; provided that the
animal is worth less than s25. The
holder shall notify his county commits
sioners. who appoint competent per-
son to decide upon the animals value.
Section 1879. The estray may be
sold. If found to be worth more than
SIS. after one year from date of TAX
ing up and advertising as set forth, by
Justice of the peace naming a place
and date Of sale, advertising the sale
three times in his county weekly news
paper twenty-tw days before the day
of the sale. On the day set the hold
err shall bring the estray to this place,
the justice sell it for cash at public
auction, deduct the cost OF keeping,
caring for, advertising, ETC., and de-
post the proceeds with the county
treasurer for six months, where IL not
claimed by the original owner, the
money shall be turned into the county
school fund.
Cut this article out and lay 1t up
where you can find it. You will then
know how to proceed legally in case
you take up estray stock.