East Oregonian : E.O. (Pendleton, OR) 1888-current, 1920-09-23
FULL TEXT OF HERD LAW PI

i animals IL he Is known to the person
taking up such animal and can be
found in Cmatilla county. oregon, by
delivering a copy of such notice to
said person: and If the owners of said
animals are unknown to the person
taking up the animals. or can not be
found in Cmatilla county, then said
notice shall be published in a news
paper of general circulation within
said county and state in not less than
two issues of such newspaper. prior
to the day of the sale thereof, the first
publication there of be not less than
Is days prior to the date of sale stated
/ in said notice. If the owner of any
such animals personally or by agent
shall appear and prove ownership to
said animals or any thereof at any time
before the date of sale, and shall pay
the costs of taking up said animals, as
hereinafter provided, and of giving
notice of same and the reasonable
charges and expenses. of keeping same,
and shall in addition pay full damages
1 for any injuries done by said animals
to the person taking up the same If
any. the said animals shall be released
and delivered to the owner or person
no further record or action shall be
necessary; but if the owner of said
animals shall not appear and prove
ownership and make the payments as
above provided, said animals shall be
sold at public auction to the highest
bidder for cash. and the person TAX
ing ing up the animals may bid at
such sale, and such sale shall vest the
title to such animals in the purchasers.
Whereupon the person making such
sale shall submit the amount of dam
ages and charges for keeping and SELL
ing said stock to three disinterested
free-holders of said county, who shall
appraise such expense and damages
and determine the amounts to be al
lowed and paid to the person taking up
and selling said stock, and said per-
sons shall thereupon allow such sum
as they may deem just and proper, and
their decision shall be final. except
that in all cases where the damages
and charges for the keeping of such
animals shall be appraised at any sum
in excess of $500. then any person
dissatisfied with said appraisal, or
with the amount of said damages or
keeping charges, may within 80 days,
after the filing of report as provided |
in section of this act, appeal to the
circuit court of the state of Oregon for
UmatilIa county from the decision of
the appraisers. such appeal to be had
upon petition setting forth all the
facts in concise language, and with
out the necessity of filing any trans
cript or the making of any record by
the appraisers, excepting the filing OF
the report as provided in said section
sufficient without any formal notice
thereof other than the facts contained /
in said petition which shall be filed L
with the clerk of said court, and
copy thereof shall be served upon any
person or persons adversely interested
in the same way complaints are serv-
Cd in actions at law, excepting that
no summons shall be necessary
Section 4. Any person authorized
under this act who may take up any
animals as herein provided, shall be
sntitled to receive a taking up charge
Of so cents for every COW, horse, ass,
mule or swine so taken up, and 10
.ents for each sheep or goat. provided.
however that the minimum taking up
.harge shall be $1,000 even though thei
lumber of cows, horses, mules or
lsses be less than 90 or the number
If sheen or goats less than 100. The
aking up charge provided for in this
ection shall be in addition to the
harges herein provided for the care
nd expense of keeping said animals
nd to any item for damages done by
aid animals.
Section 5. Within ten days after
he sale provided for in section OF
his act, the person making same shall
aake full report of the proceedings
elating to such sale in writing under
ath, and he shall therein state the
mount of damages, costs and expens-
5 allowed to the,person taking up said
nimals, as provided in this act, and
na description and number of animal
r animals. The person making such
ale shall deduct such damages, costs
nd expenses and pay the same to
lose entitled to them, and deposit the
alance, if any. in the county treas
ry and take the treasurer's receipt
lerefor, and file the said receipt to-
sther with the said report, In the Of
ce of the county clerk. and same
lall be kept by said clerk as public
cord.
Section g. At any time within five
.ars after the filing OF such report
e owner OF tne Salo dlihdiS eo s"iot
his representative or assignee, npon
aking proof in writing of his right
ereto, shall be entitled to a warrant
the county treasury for such balance
thout interest. which warrant may ~
issued by the county clerk, upon
5 finding that said ownership has
en- proven without and action of the
unity court. a
saction Z In case the owner or
imals taken up as aforesaid. shan
pear and prove ownership as pro- Fl
led in section 9 of this act. and If
be unable to agree with the person
king nm said animals as to the
,ount Of damages done or as to the
lount Justly due for keeping said
innals or as to costs incurred in sell
, same, then the said owner and