Jefferson County Online A part of the IAGenWeb and USGenWeb Projects Estrays

An unbroken animal shall not be taken up as an estray between May 1st and November 1st, of each year, unless the same be found within the lawful enclosure of a householder, who alone can take up such animal, unless some other person gives him notice of the fact of such animal coming on his place; and if he fails, within five days thereafter, to take up such estray, any other householder of the township may take up such estray and proceed with it as if taken on his own premises, provided he shall prove to the Justice of the Peace such notice, and shall make affidavit where such estray was taken up.

Any swine, sheep, goat, horse, neat cattle or other animal distrained (for damage done to one's enclosure), when the owner is not known, shall be treated as an estray.

Within five days after taking up an estray, notice, containing a full description thereof, shall be posted up in three of the most public places in the township; and in ten days, the person taking up such estray shall go before a Justice of the Peace in the township and make oath as to where such estray was taken up, and that the marks or brands have not been altered, to his knowledge. The estray shall then be appraised, by order of the Justice, and the appraisement, description of the size, age, color, sex, marks and brands of the estray shall be entered by the Justice in a book kept for that purpose, and he shall, within ten days thereafter, send a certified copy thereof to the County Auditor.

When the appraised value of an estray does not exceed five dollars, the Justice need not proceed further than to enter the description of the estray on his book, and if no owner appears within six months, the property shall vest in the finder, if he has complied with the law and paid all costs.

An estray, legally taken up, may be used or worked with care and moderation.

If any person unlawfully take up an estray, or take up an estray and fail to comply with the law regarding estrays, or use or work it contrary to above, or work it before having it appraised, or keep such estray out of the county more than five days at one time, before acquiring ownership, such offender shall forfeit to the county twenty dollars, and the owner may recover double damages with costs.

If the owner of any estray fail to claim and prove his title for one year after the taking up, and the finder shall have complied with the law, a complete title vests in the finder.

But if the owner appear within eighteen months from the taking up, prove his ownership and pay all costs and expenses, the finder shall pay him the appraised value of such estray, or may, at his option, deliver up the estray.