CHAPTER XXVII.

STRAYS.

SECTION 1. AS TO THE TAKING UP OF STRAYS.

Who may take up strays, and when.-Any person holding land by deed, title-bond, or lease, for three years or more, and being in possession of the same, may take up any strays running at large within the township where such person resides. 6627.

Description of stray to be recorded by township clerk.Within three days after the taking. up of such stray, the person taking up the same must make an accurate description of the marks, brands, size, color, and supposed age of the stray, and if any alteration has been made in the marks or brands upon the animal, the same are to be particularly described; and the taker-up is required to leave a copy of such description with the township clerk, whose duty it is to record the same in a book to be kept for that purpose, and to post up a copy of the description on the door of his office, or in some other conspicuous place near the same. 6628.

Advertisement. The taker-up must also, within five. days, advertise the stray or strays in writing, by posting up a copy of the description at three public places in the township; and if the strays be of any other kind than hogs or sheep, it is the duty of the taker-up, within five days after taking up the same, to transmit a copy of the description to the clerk of the court of common pleas, whose duty it is to record the same in his stray-book. The stray books of both the clerk of the county and the township are to be kept subject to public inspection at all reasonable times, and each of said clerks is entitled to re

ceive from the taker-up twenty-five cents for his services 6628.

Proceedings when stray is not claimed. If no person claims and proves his right to the stray within twenty days after the advertisement, the taker-up must go before a justice of the peace within the township, and make oath. when and where he found such stray or strays, and that he neither trimmed, docked, nor altered the brands or marks of such stray or strays, or suffered the same to be done, or if any such alteration has been made to his knowledge, he should state the same. 6628.

o'clock in the afternoon (or, forenoon), he took up the following stray animal on the

road, near

to wit:

One red and white spotted bullock, with the left horn broken off, and the right ear slit; that he has neither trimmed, docked, nor altered the brands or marks of said animal, or permitted the same to be done.

Order to appraise. Upon the making of such an affidavit, the justice must issue an order to two respectable freeholders or householders of the township, to be named in the order, commanding them forthwith to view and ap praise the stray, and to return upon oath their appraisement, with an accurate description of the marks, brands, size, color, and supposed age of the stray. The taker-up is to give notice of the order to the parties named. 6629.

No. 142.

FORM OF ORDER OF APPRAISEMENT.

The State of Ohio,

To

and

freeholders (or, householders), of

said township: You are hereby commanded forthwith to view and appraise a certain stray bullock, taken up by and in the possession of return to me upon oath the posed age of said stray. Given under my hand, this

of said township, and to brands, size, color, and sup

day of

18

J. P. of said Township.

No. 143. FORM OF APPRAISERS' RETURN.

Pursuant to the order of

township,

justice of the peace of

therein men

county, we, the undersigned, have

viewed a stray bullock, taken up by

tioned, and we appraise the same at

dollars. The

following is a true and accurate description of said stray: Color, mainly dark red, but spotted with large white spots; marks, a slit in the right ear and an apparently accidental breaking of the left horn; size, full-grown medium; age, about five years.

(Signed,)

Sworn to and subscribed before me, this 18.

day of

J. P. of said Township.

Record of appraisement.-Upon the return of the appraisement, the justice must record the same in his stray-book, together with the names of the taker-up and appraisers; and the justice is entitled to receive fifty cents for his services, from the taker-up of the stray, and no more, even though more than one stray is included in the same entry.

List of strays, how published.-The county clerk must cause a list of all strays, with the descriptions thereof, to be affixed at the door of the court-house, on the first day of the court held next after such returns have been made to his office. 6630.

Proceedings when taker-up is not a freeholder.-If a person not qualified by his estate in lands as above stated, takes up any stray, any justice of the township, on complaint of a freeholder, should issue his warrant for the removal of the stray from the possession of the taker-up, and its delivery into the custody of any resident of the township having the requisite qualifications. 6631.

No. 144.

FORM OF WARRANT FOR REMOVAL OF STRAY.

The State of Ohio,

To any constable of said township greeting: Whereas, complaint has been made to me, a justice of the peace of said township, by a freeholder thereof, that who is not authorized or qualified by law to take up a stray, has unlawfully taken up a (here describe the stray), being a stray in said township, and I, being satisfied of the truth of the premises, do therefore, in the name of the State of Ohio, hereby command you to take said stray from the possession of said and deliver the same

into the custody of a resident of the township, who holds lands in this state, by deed, title-bond, or lease for three years or more, and is in possession thereof; and for so doing, this shall be your warrant. Given under my hand and seal, 18.

this

day of

[SEAL.]

J. P. of said Township.

Proceedings when no freeholder is willing to receive stray.— If no qualified resident of the township is willing to receive the stray, and proceed with it according to law, it is the duty of the officer serving the warrant to suffer the stray

to go at large, subject to be taken up by any qualified person at any subsequent time. 6631.

Strays without the bounds of settlements.-Any person taking up a stray found running at large without the bounds of any settlement of the state, must forthwith go before the nearest justice of the peace, and make oath as required in other cases. (See form, above.) If such taker. up be a freeholder or householder of the county, then the justice is to be governed by the same regulations as in other cases; but if it appear, to the satisfaction of the justice, that such person is not a freeholder or householder of the county, he must require the taker-up to give sufficient security for the safe-keeping and delivery of the stray, agreeably to the provisions of the law. Such security, if given, is to be recorded in the stray-book, and thereupon the proceedings are to be the same as if the stray had been taken up by a freeholder or householder; but if the takerup fails or refuses to give security, the justice must issue a warrant to any constable of the township, to take the stray into his charge, or deliver it into the charge of some freeholder or householder, who will proceed in the same manner as if such stray had been taken up within the limits of the settlement. 6632.

Proceedings by owner to reclaim stray.-The owner or owners of any stray taken up as aforesaid, on making satisfactory proof of his or their right thereto, before any justice of the peace of the township, within four months after the same was taken up, is entitled to receive such stray or strays with the increase, if any, having first paid as a reward to the taker-up, for each horse kind, one dollar; for every head of neat cattle, fifty cents; for every sheep, hog, goat, above six months old, twelve and a half cents; together with the legal fees paid by the taker-up, and reasonable charges for keeping. 6633.

Proceedings when parties can not agree as to the charges.— If the parties can not agree on the sum to be paid for the keeping of the stray, either of them may apply to any jus