The Dickinson press., 1911-06-03
TAKING UP ESTRAY STOCK
STATE Law IS EXPLAINED

The Bismarck Tribune has very care
fully prepared a synopsis of the estray
laws of North Dakota. The article is
shorn of all legal phrases and is clear
enough to be understood by any one who
can read English.
Here il is, and the PRESS advises its
readers to cut the article out and lay it
away for future reference:
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 estray is in the im-
mediate vicinity of his residence nor
can he take the animal up between
December / and April, 1 unless it is
trespassing on his premises or within
his enclosures.
Section 1878 III. B. No. 230 of 1907
Session Law) tells how to advertise
estrays. Each person taking up an
estray must advertise it, giving full
description with marks and brands, ETC.,
inside of ten days. in a weekly Jews
paper in his county, or the nearest
newspaper, if there is none in his
county. The law fixes this cost at So. 90
payable in advance. He shall. file with
his county auditor a complete descrip-
ton of the estrays "a clipping of the
newspaper notice is best. and easy to
get), and mail another complete de-
scription to the state commissioner of
agriculture and labor at Bismarck, N.
D., by registered mail. and keep his
registry receipt to file, with an affidavit
of publication with his home newspaper
will give him after the estray notice
has been run the three required inser-
tions, 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 mis-
demeanor and liable to the owner of the
animal. There is n exception that
the estray be apparently worthless in
which case 9 justice of the peace shall
choose a freeholder 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, North Da-
kota. 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 can
not collect payment.
Section 1876. The holder becomes
owner of an estray after n year from
the time he advertised it and gave
above notices. if it is not claimed and
taken away; provided that the animal
is worth less than SIS. The holder2shall
notify his county commissioners. who
appoint q competent person tosdecide
upon the animals value.
Section 1879. The estray may be sold,
if found to be worth more than S25.
after n year from date of taking up
and advertising al set forth. by q jus.
tice of the peace naming a place and
date Of sale, advertising the sale three
times in his county weekly newspaper
22 days before the day of the sale. On
the day set the holder shall bring the
estray to this place. the Justice sell it