Year: 1865

An Act to Provide for the Taking up of


Estray Animals.


! Sec. l. BE 1t enacted by the Genera!
assembly Of the State Of Zowa, That no
person shall take up any unbrokeu ami.
nal as an estray, between the first day of
May and the first day Of November, un.
less the same be found within his lawful
enclosure; nor shall any person take up
any stray unless he be house holder.


Sec. 2. Ifapy horse, mule, neat cattle,
sheep, or hogs, liable to be taken up,
come upon any PERSONS premises, any
other person may notify him of the fact,
and if he fail to take up such stray for
more than five days after such notice,
any other person being a householder in
the same township, may take up such
stray and proceed with il, as il taken
upon his own premises; Provided, That
he shall produce to the Justice Of the
Peace proof Of the service Of such notice,
and all persons taking up stray animals
shall state to the Justice, under oath,
where such stray was taken up.


Sec 3. Any person taking up an
estray shall, within five days thereafter,
post up written notices in three of the
most public places in the township, con-
tanning full description of such animal,
and unless such stray shall have been
previously reclaimed by the owner, he
shall within ten days 20 before Justice
Of the Peace in the township in which
such stray was taken up, or in case there
is no Justice in the township, he shall
60 before the next nearest Justice in the
county, and make oath as to where said
stray was taken up, and that the marks
or brands have no. been altered to his
knowledge either before or after the same
was taken up.


Sec. 4. If necessary, the Justice shall
issue summons to three disinterested
householders in the township to appear
at the time and place mentioned in said
notice, to appraise the stray. The per-
sons SO summoned, or any two of them
attending, shall take an oath that they
will fairly and impartially appraiso said
stray, and their appraisement embracing z
description of the size, age, color, sex,
marks and brands of the stray shall be
entered by the Justice in book to be
kept by him for that purpose.


Sec. 5. The Justice shall within ten
days thereafter send certified copy of
such entry to the Clerk of the District
Court, who shall immediately enter the
same IN an ostray book, to be kept By
him for that purpose. If the appraised
value of the stray exceeds ten dollars
the Clerk shall cause copy ofsaid entry
to be posted on the court house door, and
copy of said notice to be inserted once
in some newspaper in the county, il
there be one, if not, he shall cause to be
posted up written notices in three public
places in the county.


Sec 6. When the appraised value Of
an estray is ten dollars or more, the
Clerk shall within ten days after receiv
ing the notice of appraisement (unless
the animal shall have been previously y re-
claimed by the owncr) forward certified
copy of the same to the public printer
hereafter provided together with th'
amount required to pay for two inser'
tions of said notice in the paper publish
ed by such printer.


Sec T. The Secretary of State shsl
select aud contrac. with a printer to prin
: all such advertisements of strays as sha
be sent to him BY any Clerk of the Dis
trict Court of the State and the Secre
tary of State shall Immediately after con
tracting with such printer, notify tn


Clerk Of each county, of the name an
: residence of such printer, and the prle
$ Of such advertisements. In making tn
!; contract the Secretary shall select a
+ Agricultural paper, published at tn


Capital, if there be one.


Sec. 8. The printer thus selected sha


once in each week issue newspaper {


printed sheet, in which he shall Civ


two successive insertions of all estra
notices sent to him, aud shall send or
e copy of each Of such papers issued,
= the Clerk Of each organized county in Il


State.


. Sec. g. The Clerk of each county sha
receive, file and preserve all such pape,
n sent him, to be examined by any perso
= who may desire to see them.


Sec. TO- The public printer shall re
ceive for each estray notice published
, sum agreed upon by the Secretary


State IN the contract, not to exceed !
5. cents for each insertion.


Sec IL. The Secretary of State sha
as soon as this act takes effect, contra


with some printer, to print all adyertis


ments of estrays required by law to


inserted in such paper, which contra


shall terminate on the FIRST day of Janu


ary next. Such contract shall be rene'
: ed on the first day Of January annually.
:. Sec. Il. When the appraised value


any estray does not exceed five dollar
r. no further proceedings need be ha
n than for the Justice to enter desert
h tion Of said estray on his estray boo
and if no owner appear within 8
months, the right of the property sh
Al vest in the finder upon his complyi'


with the law, and paying all costs.
TO Ser. 13. Where the appraised value