Sect. 25. This act shall take effect from and after its passage and approval.
- Approved May 15, 1862.
W. JAYNE, Governor.
ESTRAYS.
CHAPTER 35.
AN ACT TO PROVIDE FOR AN ESTRAY LAW.
Be it enacted by the Legislative Assembly of the Territory of Dakota:
Section 1. That any freeholder may take up any stray horse, mule, neat-cattle, sheep, or swine, found within his inclosed premises, at any season of the year. Any estray found around the premises of any freeholder, between the first of November and the first day of April, may be taken up by such freeholder; and any horse or mule, with any portion of harness attached to them, and any oxen with yoke on, that are believed to have strayed away from their owner, may be taken up by any person at any time.
Sect. 2. It shall be the duty of any person taking up an estray, to send a description of the same to the county clerk, within two weeks after taking it up; and the county clerk shall immediately record the same in a book kept for that purpose. The taker up of any estray shall, within two weeks thereafter, procure the publication of the description of such animal in any one newspaper published within the county.
Sect. 3. The proprietor of such newspaper shall publish said description at least three consecutive weeks, and shall receive a reasonable compensation therefor.
Sect. 4. The owner of an estray may, at any time previous to its sale, reclaim the same, on proving property, by oath