The Dickinson press., 1914-10-17
Law
MADE PLAIN

There are a good many seeming
inconsistent things about the present
estray law and a recent letter from
the states attorney of Mckenzie
county published in the Mckenzie
County Journal, throws some light
on the subject and is quite interest
ing. The PRESS will state that the
open season is from December 1st to
April 1st, unless otherwise fixed by
the county board. There has never
been any change in Stark county.
Here is what the Schafer attorney
says:
"The law was materially changed
by the session laws of 1918.
"The law provides for publishing
estray notices in three issues, the
first issue to be within ten days after
taking up the estray.
1t is made the duty of the publisher
Immediately after the first publica-
ton to send clipping of the same to
the county auditor and another to the
commissioner of agriculture and lab
or, both by registered mail.
"It is further made the duty of the
publisher, if the estray is not sooner
claimed, to send clipping to the
state estray paper Immediately after
the third publication and to file with
the county auditor proof of publica-
tion, together with the registry re-
turn receipts from the auditor, state
estray paper and commissioner.
Failure to perform any Of these
stunts which the law puts up to the
publisher works a forfeiture of his
publication fees and, in addition,
makes him some kind of an outlaw,
renegade and fugitive from justice,
liable to- incarceration in the bastlle.
eff the captor of the estray figures
the estray is worthless and he desires
to send it to the happy hunting
ground, he may tell his troubles to a
justice of the peace, who will appoint
one appraiser. The captor shall ap-
point second and these two shall
appoint a third. If the appraisers
deem the animal worthless, the cap
tor. shall kill it, no time, place or
method being prescribed. Apprais-.
ers, in manner similar to members OF
the legislature, serve for honor only
"If the captor figures the estray
has some intrinsic value he keeps it
for year, unless sooner claimed (dur-
ing which time he is supposed to
curry it three times day.
AT the end of the ear he aplies to
the honorable board of county COM
missioners for relief. They thereup-
on appoint one appraiser who ap-
praises the estray. If not worth
more than $25 the title to the critte1
Immediately visits in the captor.
"If the appraiser sees more than
$25 the captor must then tell his
troubles to a J. P, and the troubles
by this time are worth telling.
"The J. P. fixes a time and place
for the sale and advertises the sale
three weeks in weekly paper, anc
then, on the day set, the justice sells
the estray at auction for cash panga
"The J. P. is not required to wran'
gle the cayuse personally, that func'
tion devolving upon the captor. Thus
far the justice has exercised merely
ministerial functions, and I imagine
he might be held liable for failure tt
perform the duties of his office.
"Now, however, he brings to bea1
his judicial temperament and exercises
his judicial discretion by determining
how large a slice of the panga fairly
belongs to the captor. Acting in 6
judicial capacity, I imagine he can
not be held liable for errors Of judg
ment. He then proceeds to execute
his judgment, giving some panga tt
the captor, some to the publisher
some to the appraiser and then, il
he does not think he has earned thu
remainder, he turns the balance ove1
to the county trea surer, who is sup
posed to be under ample bonds.
"If you become thoroughly familiar
with the estray law you deserve to be
designated as learned in the law.
and If you succeed in carrying an es'
tray matter clear through in such 8
manner as to give the purchaser al
the auction sale unimpeachable title
you should be considered to have
proved yourself worthy of admission
to practice before all the courts oi
the state.
Yours truly,