US Lawyer Database

§ 2-38-116. Refusal to deliver

If any person who has taken up any animal shall refuse to deliver it to the owner on his or her having complied with the requirements of this subchapter, as respects proving ownership of the animal, the owner shall have a right of civil action. If the owner recovers in an action, he or she […]

§ 2-38-117. Compensation for keeping strays

(a) No person shall charge anything for keeping any horse, mare, mule, jack, or jenny which may be worked or ridden while in the possession of the taker-up. (b) For the keeping of other animals, or the named animals if not worked or ridden, the person taking them up shall be entitled to a reasonable […]

§ 2-38-118. No premature disposition of strays

(a) No person taking up any animal shall sell, exchange, or dispose of it in any manner nor kill any domesticated cattle, hogs, or sheep until after the expiration of the time that the owner has the right to prove his or her property in them. (b) Any person violating the provisions of subsection (a) […]

§ 2-38-119. Liability for death or escape of animals

If any stray animals die or escape from the possession of the taker-up before the owner shall establish his or her right thereto, and if the death or escape is without the fault of the person having the lawful possession thereof, he or she shall not be liable for it.

§ 2-38-120. Forfeiture of right to animal

If the owner of any stray animal does not appear and prove his or her property therein within one (1) year after the time of setting up the copies of the valuation and description of the animal and the filing of the bond required, he or she shall forfeit his or her right to the […]

§ 2-38-121. Payment and filing required for unclaimed strays

(a) (1) Every person who shall take up a stray animal which shall not be reclaimed by the owner within one (1) year shall pay into the county treasury of the county in which the stray was taken up one-half (½) of the residue after deducting all legal expenses from the appraised value of the […]

§ 2-38-122. Judgment for costs

If any person fails to file with the clerk of the county the treasurer’s receipt or the receipt of the owner of the animal for which he or she executed his or her bond on taking it up, although he or she may have paid the amount due on the bond to the county treasurer […]

§ 2-38-111. Advertisements to be posted

(a) The person taking up any animal under the provisions of this subchapter shall immediately make out, from the copy of the appraisement delivered to him or her by the justice of the peace, four (4) advertisements and put them up in the most public places in his or her township and county. (b) If […]

§ 2-38-112. Publication in addition to posting

If the animal taken up is a horse, mare, mule, jack, or jenny, the taker-up shall cause a copy of the description and appraisement to be inserted in some newspaper printed in the state for three (3) weeks if the animal is of the appraised value of at least twenty dollars ($20.00). Publication shall be […]

§ 2-38-113. Payment of expenses

If the owner of any stray horse, mare, mule, jack, or jenny does not prove the stray according to law within twenty (20) days from the time the animal was taken up, the person taking it up shall pay the county clerk all fees, the necessary postage, and the price of the advertisement. The clerk […]