Judith Gap journal. [volume] (Judith Gap, Mont.) 1908-19??, 1912-01-05
YOU CAN'T SELL
STRAY STOCK

Helena. Dec. 29,-NO authority ex-
lists in the statutes of this state for
the practice that has been followed
many years of ranchmen and others
finding estray livestock. In an opin-
ion by Attorney General Albert j.
Galen to County Attorney Justin NJ.
Smith of BOzeman it is held that a
person finding lost property or saw
ing any domestic animal from drown
ing or starvation, has no right to ad-
vertise 1t for sale or to dispose of
II to detray the cost Of caring for it.
He may recover his reasonable costs
and charges or acquire title to The
property only by proceedings out
lined BY sections 1896 to POOP, revised
codes OF 1907. This Is the procedure
that must be followed, says the opin-
ion:
IF any person find any money.
goods. things in action, or other per-
sonal property, or save any domestic
animal from drowning or from star
Walton, when such property is of the
value of ten dollars or more. he must
inform the owner thereof. if known,
and make restitution without com
! pensatiOn further than Il reasonable
charge for saving 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 affidavit before some
| Justice OF the peace OF the county.
stating when and where he found
! or saved such property. particularly
! describing it, and if the property 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 dis
posed Of any part of such property.
1.-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 Of
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
Il book known us the "Estray ana
Lost Property Book within iif-
teen days, and the finder must ut
once set up at the court house door
and four other public places in the
township or city copy Of such val
uation and Il description of property.
iii no owner appears and proves
the property within six months, and
the value thereof does not exceed
twenty dollars, the same vests in the
finder. but if the value exceeds tWen-
ty dollars the finder must within
thirty days after setting up the list
mentioned in the preceding section
cause copy of the description to be
inserted in some newspaper printed
in the county, ii there he one. and il
not, in some newspaper printed in
the state, for three weeks and if no
owner prove the property within one
year after such publication it vests
in the finder.
IF, within one year, an owner APP
pears ana proves the property and
pays all reasonable charges, includ-
lug fees Of officers, the finder must
restore the same to him. On failure
to make restoration of such, property
or the appraised value thereof, on be-
ing rendered such charges and fees.
the owner may recover the same or
the value thereof by civil action in
any court having jurisdiction.
III 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 there.
Of
'The proof required by this article
must be made before the county
clerk, with whom the list provided
for herein is filed, and if he is salts
fled therefrOm that the person claim
ing to be, is the owner, he must GER
tify that fact under his hand and
SEAL"
The area Of Ireland IS about equal
| L