The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1920-01-23
PROCEDURE In ADVERTISING
ESTRAYS.

AS
Under the law Of this state a per-
son may take up and hold animals for
the trespassing upon their premises
until the damages andcosts have been
fully paid. In this connection l beg
to advise that the animals are not
only liable for the damages they may
really commit but the parties DIVIDING
the animals must likewise pay for the
feeding, watering and caring for OF
the stock, and it further provides
that anyone unlawfully taking cattle
from the possession Of n who is
holding them for damages is guilty OF
a misdemeanor. Incase stock Is taken
up and you are unable to ascertain
who the owner of the stock Is, then
you must proceed in the same manner
as you would proceed in taking up es.
trays, In other words, you must with
In ten days after taking up the AMI
mails give notice of the taking OF such
animals by publishing the same three
times in a newspaper in the county,
and by sending n copy Of the notice
to the Register of Deeds.
The notice must contain a minute
description of the animals and Of all
marks and brands thereon, and shall
state the time and place where the
animals were taken up, or where 1t
got into your Enclosure, and you must
give your name and post Office address
and the place of your residence by
Section, Township and Range.
After advertising the animals, II
any person appears and makes claim
to it, you and he must go before a
Justice Of the Peace in the county,
and the person claiming the animals
must make an affidavit in writing
setting forth his name and place OF
residence, and that he Is the owner OF
such animal, and until this Is done
you have no authority to deliver 1t to
him. After he has made the required
affidavit you a then deliver the an.
imal to him upon the payment by
him Of all costs and fees advanced by
you and a reasonable charge for the
care and keep of the estray and such
damages as 1t has committed.
If the estray is not claimed by any
one within eleven months after send
ing the notice to the Register OF
Deeds you must then 60 before a JUS
tice of the Peace and make oath that
such animal found estray by you, the
time and place when found. and that
the brands and marks thereon hav
not been effaced or altered by you, and
that you have given the notices as re-
quired by law. The Justice must
then issue his warrant to three free
holders in the county who have no In
terest in the matter, commanding
them to appraise the estray and upon
the completion OF the appraisement,
they shall make a report to the Jus.
tice in writing duly sworn to, which
report must set forth a description OF
the estray, describing the brands and
marks upon 1t, your name and place
Of residence, and that the valuation
placed upon the estray Is a fair and
true valuation thereof. The Justice
must thereupon submit a certified
copy OF docket relative to such estray.
to tbs Register Of Deeds of this coun
ty, and II the estrays are not elaine,
In one month after the appraismeni
and the appraised value Is less thar
SIT, then the animal immediately
vests In you. Ii the value exceeds
$40 you must thirty days from the date
OF the appraiscment again notify the
Justice of the Peace and the Justict
must then appoint . day and place
for the sale Of the animal, and give
notice Of the sale by posting notices
In three public places In the county
at least twenty-on days before the
day appointed for the sale. or he may
publish the notices for thu ee weeks In
some newspaper in the county, and on
the day fixed for the sale you must
have the estray present and the JUS.
lice must proceed to sell 1t at public
auction for cash, and after paying all
,ost. expense Of keeping and damage