What is an estray

the justice for the initiatory proceedings, fifty cents ; to the county clerk, one dollar; and, when there is an alvertisement in a newspaper, one dollar additional ; the fee for printing ; to the sheriff or coustable, the same fees as for similar services in actions before justices; to each appraiser, fifty cents; to the justice for deciding the case concerning the charges, seventy-five cents ; which charges, except sheriff's and constable’s compensation, shall be paid by the finder and allowed him out of the property, or be paid by the owner.

Sec. 19. Any stallion or jack, bull, boar or ram, running at large, shall be accounted an estray.

Sec. 20. This act to take effect and be in force from and after the first day of June next.

A. LARZALERE,
Speaker of House of Representalives.

C. W. BABCOCK,

President of the Council.
Approved February 11, 1859.
S. MEDARY,

Governor.

1859-87
! 1861-2.8Retzeared

CHAPTER CXXV.

AN ACT to Regulate the Taking up and Posting of Strays.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

Section 1. No person shall take up any unbroken animal as a stray, between the first day of April and the first day of Novem ber, unless the same be found within his lawful inclosure, nor shall any person, at any time, take up any stray unless it be found on his farm.

Seo. 2. No person shall be authorized to take up any stray beast, unless he be a citizen and a houscholder, unless he first enters into bond, with sufficient sureties, to the Territory of Kansas, for the use of the owner, in double the amount of the property propose:l to be taken up, to be ascertained by the justice before whom the person wishes to post such stray beast.

Sec. 3. If any horse, muie, ass or other animal liable to be taken up, come to any person's farm, any other person may

Sams.

five days.

Sworn.

notify him of the fact, and, if he fails to take up such stray for more than ten days after such notice, any other person of tho gume county may take up such stray and proceed with it as if taken up or his own farm, except that he shall produce to the justice of the peace proof of the service of the notice, and shall not swear that the stray was taken up on his own farm.

Sec. 4. If any person take up any stray of any nd, and it be if not claimed in not claimed and provel, he shall, within five days, go before a justice of the peace of the county anıl make oath that it was taken up on his own farm, and that he did not drive or cause it to be driven to his or her farm, except as stated on oath, and that the marks and brands have not been since altered to his or their knowledge.

Sec. 5. If necessary, the justice shall issue a summons to three Appraisement. disinterested householders to appear and appraise the stray.

Sej. 6. The householders, or two of them, shall take an oath Appraisers to do that they will fally, fairly and impartially appraise the same, and their appraisement, embracing a description of the size, color, sex, age, marks and brands of the stray, shall be entered by the justice in a book to be kept by him for that purpose.

Sec. 7. The justice shall deliver to such taker up two certified Justico to give copies of the entry upon his stray book, one of which he shall, outry. within fifteen days after such appraisement, cause to be delivered to the clerk of the county tribunal.

Sec. 8. Such justice shall give to the taker up a written state- Shall give taker ment of the duties required by law to be performed by such taker ment of duties. up.

Sto. 9. The taker up shull, immediately after the appraise. Notices posted. ment, cause a notice to be put up at three of the most public places in the township in which the stray is posted, which shall contain a copy of the entry on the justice's stray book.

Sec. 10. The clerk of the county tribunal, immediately after clerkop. county to receiving the certificate of any stray from the justice, shall record certiicate thc same in a book kept for that purpose.

SE?. 11. Any person may use a stray legally taken up by him, Stray may ba if he does so with care and moderation, and does not abuse or injure it.

Sec. 12. The owner of any stray, within eighteen months orper may provo from the time of taking up, may prove the same by evidence before a justice of the perce, and, upon payment of all costs, be

he shall be entitled to receive the stray.

Sec. 13. If the owner and taker up cannot agree in the amount Disagreement ! of such allowance, it shall be settled by some justice of the peace,

copies of

up written

justice's

Title vested in finder.

One-third appraised value

treasury, when,

Vot liable for death of animal.

Revard allowed.

who shall take into consideration the tronble and the expense of the taker up and whatever use or service he may have had of such stray.

Sec. 14. If the owner fails to comply with the two preceding sections for eighteen months after the time of taking up, and the taker up shall have complied with this law, a complete title to such stray shall vest in the taker up.

Sec. 15. In all cases where the title to any stray property shall frid into content vest in the taker up by lapse of time, the taker up shall pay into

the county treasury, after deducting all costs, one-third of the appraised value of such stray to the use of the county, and, in default of such payment, the county shall hold a lien on such property to secure the payment of such moiety to the county; and, by order of the county tribunal, such stray may be sold by the sheriff, and, after paying the amount due the county, the residue shall be paid to the taker up after the payment of all the incidental costs.

Sec. 16. If any stray, legally taken up, gets away or dies wiihout the fault of the taker up, he shall not be liable for the same.

SEC. 17. There shall be allowed the following reward for taking up strays: First, For every horse, mule or ass, fifty cents : Second, For every head of ncat cattle, twenty-five cents: Third, For all other kinds of animals, fifteen cents each.

Sec. 18. The clerk shall receive the following fees for his services in relation to strays: First, For recording each certificate of a stray, fifty cents : For recording each certificate of appraisement, twenty-five cents, whether such certificate contains a greater or less number of animals.

Sec. 19. The justice of the peace shall receive the sum of fifty cents for each certificate of strays taken up and appraised before him, and shall put in one certificate all the animals taken up by one person at any one time.

Sec. 20. If any person shall sell, swap or take out of this Territory any stray before the legal title shall have vested in him, he shall forfeit to the county double the value of such stray, and may, also, be punished by imprisonment, on indictment, not exceeding one year, and forfeit to the owner double its value.

SEO. 21. If any person unlawfully takes up any stray, or takes any stray and fails to comply with this act, or uses or works such stray in any manner contrary to this act, or uses or works it before having it appraised, or shall keep the same more than three days out of the county at any one time before he acquires title to the same, such offender shall forfeit to the county twenty dollars.

Clerk's fees,

Justices' fees.

Forfeiture for selling estray.

Penalty for unlawful taking up.

clerk

Sec. 22. If any person takes up any stray and violates or fails Liable for aduse. to comply with this act, or abuses or injures such stray, the owner may recover of him double the amount of all injury sustained, with costs.

Sec. 23. If any clerk or justice of the peace fails to perform Fine for justice or the duties enjoined on him by this act, he shall forfeit and pay to the county not less than five nor more than fifty dollars, and

pay to the party injured not less than five nor more than ninety dollars.

Sec. 24. All laws and parts of laws concerning strays in this
Territory heretofore enacted, are hereby repealed. This act to
take effect and be in force from and after its passage.

A. LARZALERE,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.
Approved February 2, 1859.

S. MEDARY, Governor.

dred &

AN ACT Providing for the Raising of a Tax in Pottawattamie County.
WHEREAS, There is a lack of organization in the county of Pot-

tawattamie, insomuch that it is utterly impossible, in tis
present state, to assess and collect taxes for the current year,
many of the townships having no assessors qualified or who will
qualify, and no board of township supervisors to appoint such

officers : therefore,
Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas :

SECTION 1. That a county tax, to the amount of eight hundred Tax of eight handollars, is hereby authorized to be assessed and collected in the thorized. county of Pottawattamie, Kansas Territory, to defray the expenses of said county for the year ending the fourth Monday of March, A. D. 1859, and the Territorial tax for said year.

Sec. 2. That E. M. Squires is hereby constituted and ap- Assessor appoint-
pointed assessor to assess the value of the taxable property in
said county in accordance with the statute laws of this Territory,
except as herein otherwise provided.

Sec. 3. That said assessor shall proceed, as soon as may be Duty.
after notice of the passage of this act, to assess the value of the
taxable property of said county, and, when said assessment shall
be completed, he shall cause public notice to be immediately

ed.

Equalization of tax.

posted, as required by law, stating that the assessment roll will be open for inspection, and may be corrected at any time witiin ten days, which shall be the time allowed for correcting the sime.

SE). 4. That the assessment roll, wlien corrected and certificd, shall be forthwith transınitted by the assessor to the clerk of the boarl of supervisors, who is hereby authorized, in case said bord is not in session, to equalize said assessment roll in place of iho board a foresaiil, as provided by section thirty-six of chapter sixtybix of the statutes of 1858. Suid clerk shull immediately make out a tax list, with the amount of tax apportioned to each perion expressed therein, and deliver a certified copy thereof to the sluriff of the county.

Seu 5. The sheriff of the county or his lawful deputy is hereby made collector of said tax, who shall proceed forthwith, upon the reception of the tax list, to collect the same and pay the amount thereof into the county treasury.

Ses. 6. Before entering upon the duties of his office, the sid collector shall give bond to the county board of supervisors, with sulïicient sureties, to be approved by the clerk of said board, ia a sum not less than double the amount to be collected.

Sec. 7. Before entering upon the duties of his ofiice, the 13sessor shall take the oath and fulfill all requirements of township

Cherif made colloctor

To give bond.

Oath,

assessors.

Failurs of age. Bor to act, ac w on appointed.

Tog.

Suorotary's duty.

SEJ. &. In caso E. 11. Squires shall fail to attend upon the duties of assessor, the judge of the provato court of said county shall appoint some suitable person in his place, who shall quality as required of said assessor.

Sec. 9. The assessor and collector shall receive such componsation as the Lourd of county supervisors shall allow, to be puid from the tax hereby authorized and the Territorial tax, as provided by law.

Sec. 10. It is liereby male the duty of the secretary of this Territory to transmit, iiamuliately upon the passage of this act, to the clerk of the board oï county supervisors, il truc and certified copy of the same.

Sa. 11. This act to take crest and be in force from and after its passage.

A. LIRZILERE,
Speaker of the Louise of Representa'lves.

0. W. BIBCOCK,

President of the Council.
Approvel February 8, 1850.

S. DALY, Governor.