The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1921-05-06
PROCEDURE IN ADVERTISING
ESTRAYS

Wv al ia" w III pSiccii
may take up and hold animals for the
~tresspassing upon their premises until
the damages and costs have been fully
paid. In this connection | beg to adj
wise that the animals are not only
liza bic for the damages they may really
commit but the parties owning the
animals must likewise pay for the
feeding, watering and caring for the
stock, and it further provides that
anyone unlawfully taking cattle from
the possession Of one who is holding
them for damages is guilty Of a mis-
demeanor. In case 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 up Of
such animals by publishing the same
three times in a newspaper in the
county, and by sending a 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 it
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 if
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 set
ting forth his name and place Of resi-
dence, and that he is owner Of such
animal, and until this is done you
have no authority to deliver it to him.
After he has made the required af-
ddavit you can then deliver the ami
NAL 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 dana
yes as it 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 go before a JUS
tice Of the Peace and make oath that
such animal found estrav by you, the
time and place when found, and that
the brands and marks thereon have
not been etfaced or altered by you,
and that you have given the notices
as required by law. The Justice must
then issue his warrant to three free
holders in the county who have no
interest in the matter, commanding
them to appraise the estray and upon
tie completion of the appraisment,
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 IL, your name and
place of residence, and that the valu
alton placed upon the estray is a fair
and true valuation thereof. The JUS
tice must thereupon submit a certi-
fed copy of docket relative to such
estrays to the Register Of Deeds of
this county, and if the ~estraySare not
claimed in n mouth after the ap.
praisment and the appraised value is
less than $50 then the animal immed-
lately vests in you. IL the value ex-
eeeds $40 you must thirty days from
the appraisement again notify the
Justice Of the Peace and the Justice
must then appoint a day and place for
the sale of the adimal, and give notice
of the sale by posting notices in three
public places in the county at least
twenty-one days before the day APP
pointed for the sale, or he may pub
lish the notices for three weeks in
some newspaper in the county, and
on the day fixed for the sale you must
have the estray present and the JUS
tice must proceed to sell it at public
auction for cash, and after paying all
cost, expense of keeping and damage
committed bp the animal. the balance
If any shall be paid the County Treas
urer who shall receipt to the Justice
for the money so received. '-E B.
Adams. States Attorney, Fall River
County, s. d., in Oelrichs Advocate.