Year: 1859

WHO MAY TAKE Up sTRATS.


Sec. /. No person shall take up any
stray, except horses and mules, unless such
persons shall oe at the time resident of
tie same town wherein such stray shall be
found upon the land owned and occupied
by the finder


WIrIuS WHAT TIME THE NOTICE TO BE CIV


EN- TO THE OWNER.


Sec. 2. Any person taking up a stray
shall, within seven days thereafter, notify
the owner thereof, if to him known, and
request such owner to pay all reasonable
charges and take such stray away


How NOTICE TO BE GIVEN IF OWNER OF


STRAY Is KNOWN.


Sec. 3. If any ownerof anv stray be un-
known, the finder shall, within ten davs
after taking up the same, file notice
thereof with the town clerk of the town.
and if the stray or strays so taken up are
of the value or less than five dollars. he
shall also post up notices of the taking up
Of such stray, in two or more public places
in such town; bat if the stray or strays
50 taken up are of the value of more than
five dollars, he shall cause such notice to
be published in some newspaper Of the
county for four weeks successfully; X
all said notices shall contain brief
description Of the stray, describing the
same by giving marks, natural and artiti-
cial, as near as practicable, the name and
residence Of the finder, and, as near as may
be, the time at which the same was taken
up; the town clerk shall transmit a copy
Of every such notice to the clerk of the
board Of county supervisors.


WHEN VALUE OF STRAY TO DE APPRIsED.


Sec + Every finder of a stray or stravs,
which, when taken up are Of the value Of
ten dollars or more, shall, within one
month after taking up the same, procure
an apprisal thereof by justice of the
peace of his town, which apprisal shall be
certified to by such justice, and, within the
time aforementioned, filed in the office of
the town clerk of said town and he shall
pay the justice fifty cents for such apprisaI
and certificate, and six cents tor every mile
necessarily travelled in such service.
OWNER NAY HAVE STRAY RETURNED WITH


IN ONE YEAR.


Sec 5. If the owner or person entitled
to the possession Of any stray shall appear
at any time within one year after the no.
tice is filed with the town clerk as afore
said, and make out Ills Ii.Irt tlioretv, lie
shall have such stray returned him, upon
paying all lawful charges which have been
incurred in relation 20 the same.


If OWNER AND FINDER CANNOT AGREE Up
on AMOUNT OF CHARGES, \ JUSTICE SHALL


SETTLE THE SAME.


Sec. 6. If the owner and finder Of any
stray cannot agree upon the amount OF
such charges, or for the use OF such stray,
either party may make application to any
justice of the town where such stray was
taken up to settle the same and the party
making such application shall give notice
to the other party; and if any amount
shall be found due to the finder by said JUS
tice, over the value Of the use Of such stray,
the same shall be lien on such stray un-
til paid by the owner. and the cost of such
adjudication shall abide the decision Of the
justice.


How STRAY SHALL Pc DISPOSED OF WHEN


THE OWNER does NOT APPEAR.


Sec. I, If the owner or person entitled
to the possession ofanv stray shall not APP
pear and make outhis title thereto, and
pay the charges threon, within one year
from the time the notice is filed with the
town clerk aforesaid, and if such stray shall
not have been apprsed at greater value
than ten dollars, die finder shall have
perfect title TO the SINE; bat if the appris
ed value of such strly shall have been ad
Judged to be more tian ten dollars, as pro
vided in the fourth ection of this chapter
such stray shall be ,old at the request Of
the finder, by any Constable of the town,
at public auction, ,pon first giving public
notice thereof IN writing, posting mp the
same in three Of tho most public places IN
such town, at least ten days before such
sale; and the fnde may BID therefor at
such sale; and afterdeducting all the law
full charges of the fiIder as aforesaid, and
the fees of the c0u,atle, which shall be
the same as upon a5ale on an execution,
one-haIf of the remaining proceeds OF such
sale shall be depOsit,i IN the treasury OF
the town, to be disposed Of in such manner
as the town may direct, ana the other half
shall belong to the tuder.


PENALTY on ANY PERSON WHO SHALL TAKE


STRAY WITHOUT CONSENT OF FINDER.


Sec. s. If any peron shall, without con-
sent of the finder, nke away any stray
taken up by pursuant to the provisions Of
this chapter, withou first paying all the
lawful charges incurred in relation to the
same, he shall be li.bIe to the finder for
the value ofsuch stray.


PEHALrY on FISDEa FOR NEGLECT TO AD-


yERTIsE OR PROCURE APPRAISAL.


See. Q. If the finder of any stray shall
neglect to cause the ame to be advertised
or notice thereof o be posted up, or if
he shall neglect to pOcure the apprisal OF
any stray which shall be of the value OF
ten dollars or more, or if he shall neglect
to perform any of tie duties required OF
him ip this chapter, he shall be precluded
from acquiring any right in the property
in such stray by the provisions OF this
chapter, or receiving any damages or
charges for keeping the same.-Keyised
Statutes, chapter II Dp So, 3T6 aad 81