Missouri Revised Statutes

Chapter 271
Strays

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Notice and bond.

271.010. No person shall post any animal as a stray until he shall have given thirty days' notice of his intention to do so, which notice shall be given within two days after such animal is taken up. And no person shall take up as a stray any unbroken animal between the first day of April and the first day of November; provided, that any animal which shall have broken over or through a lawful fence and be found within any person's enclosure, may at any time be taken up by such person and posted as a stray. And no person not a householder shall have authority to take up or post any stray animal unless he first enter into a bond to the state of Missouri, for the use of the owner, in double the amount of the value of the animal or animals taken up, with sureties, approved by the associate circuit judge before whom the animal shall be posted.

(RSMo 1939 § 14498)

Prior revisions: 1929 § 12824; 1919 § 4314; 1909 § 815

CROSS REFERENCE:

Domestic animals restrained from running at large, when, Chap. 270

Notice--penalty.

271.020. If any animal liable to be taken up be found on any plantation on the fifteenth day of December of any year or on any day thereafter until the fifteenth day of April following, the occupant thereof shall cause notice of such stray to be filed in the office of the clerk of the county commission of the county thereof within five days after the finding such stray. Said notice shall be substantially the same as that of intention to post, and must be given before any animal liable to be taken up can be posted under the provisions of this chapter. Any person or persons failing to comply with the provisions of this section shall be liable to a fine of not less than ten dollars.

(RSMo 1939 § 14499)

Prior revisions: 1929 § 12825; 1919 § 4315; 1909 § 816

Condition of bond.

271.030. The bond required in section 271.010 shall contain a condition that the taker-up will not sell or exchange, take out of this state, abuse or willfully or negligently mistreat, or take out of the county more than five days at a time, any such stray before the legal title shall have vested in him, and that he will deliver up such stray to the legal owner in the manner prescribed by law, and that if the owner does not prove the same within the time limited, he will faithfully account for and pay over the contingent amount due the school fund. When the associate circuit judge shall approve such bond he shall forward it to the county clerk, and on breach of the conditions thereof, the party injured, or any resident of the county, to the use of the school fund, as the case may be, may bring suit thereon.

(RSMo 1939 § 14500, A.L. 1990 H.B. 1070)

Prior revisions: 1929 § 12826; 1919 § 4316; 1909 § 817

Any householder may take up stray, when.

271.040. If any horse, mule or ass, liable to be taken up, be found on any plantation, and the occupant thereof refuse to take up the same, any householder of the county may give said occupant five days' notice, in writing of his intention to take up the said stray, and at the end of five days from the time of giving notice, may take up said animal and proceed in the same manner as if it had been found on his own plantation, except that in filing the affidavit required in section 271.060, he may omit to state that the same was taken up on his plantation, but in lieu thereof shall state the name of the occupant of the plantation on which the same was found, and also that he gave said occupant five days' notice before taking up.

(RSMo 1939 § 14501)

Prior revisions: 1929 § 12827; 1919 § 4317; 1909 § 818

Notice, how given--contents.

271.050. The notice required in section 271.010 shall be given by setting up written or printed handbills in three of the most public places in the township in which the property is taken up, and by forwarding a copy of such notice to the county clerk at least thirty days before said property shall be posted, which notice shall contain a description of the animal, embracing size, color, age, sex, marks and brands, as the same appeared at the time of taking up, and shall further recite that if the owner does not claim and prove the same before the expiration of thirty days from the time of setting up said notices, the same will be posted before some associate circuit judge of the county.

(RSMo 1939 § 14502, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12828; 1919 § 4318; 1909 § 819

Effective 1-2-79

Duty of taker-up.

271.060. If no person claim and prove said stray within the time limited in section 271.050, the taker-up shall go before some associate circuit judge of the county and file a copy of the notice given by him, as prescribed in section 271.050, and make affidavit that the animal or animals was or were taken up on his plantation or the plantation of another, as the case may be, and that the marks and brands have not to his knowledge been changed since the same was or were taken up; that he set up or caused to be set up three notices containing a description of the property in three public places in the township where the property was taken up, and also forwarded a copy of such notice to the county clerk thirty days previous to filing this affidavit, and that the notice herewith filed is a true copy of those set up and forwarded to the county clerk.

(RSMo 1939 § 14503, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12829; 1919 § 4319; 1909 § 820

Effective 1-2-79

Notice to be recorded--appraisers appointed.

271.070. The associate circuit judge shall file said affidavit and notice in his office, and cause the notice to be recorded on his stray book, and shall appoint three disinterested householders to view and appraise the property taken up.

(RSMo 1939 § 14504, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 12830; 1919 § 4320; 1909 § 821

Effective 1-2-79

Appraisers--oath--duty.

271.080. The appraisers shall be sworn to fully, fairly and impartially view and appraise the property; and their appraisement, embracing a description of the size, color, age, sex, marks and brands thereof, and reciting the fact that they were duly sworn, shall be entered by the associate circuit judge on his stray book.

(RSMo 1939 § 14505)

Prior revisions: 1929 § 12831; 1919 § 4321; 1909 § 822

Record of strays taken up.

271.090. If the property so taken up be appraised at seven dollars or more, the associate circuit judge shall, within ten days thereafter, file in the office of the clerk of the county commission a copy of the entries in his stray book. The clerk shall record the same in a book kept for that purpose; provided, that all animals taken up at one time shall be included in one certificate, and the total appraisement thereof shall govern the action of the associate circuit judge in complying with this section.

(RSMo 1939 § 14506)

Prior revisions: 1929 § 12832; 1919 § 4322; 1909 § 823

Notice published in newspaper, when.

271.100. If the property be appraised at fifteen dollars or upward, the taker-up shall, within ten days after posting any animal, cause notice thereof to be published in some newspaper of the county, or, if there be none, then of an adjoining county. Such notice shall be:

Taken up by . . . and posted before . . ., an associate circuit judge of . . . County, on the . . . day of . . ., in the year . . ., the following described property: (here insert the valuation and description as given by the appraisers);

which notice shall be inserted in said paper for two consecutive weeks.

(RSMo 1939 § 14507)

Prior revisions: 1929 § 12833; 1919 § 4323; 1909 § 824

Filing of unpublished notice and affidavit.

271.110. A copy of said published notice, with the affidavit of the publisher to the effect that such notice has been published according to law, shall be filed by the publisher with the county clerk, who shall preserve the same among the records of his office for the inspection of any person desiring to see the same.

(RSMo 1939 § 14508)

Prior revisions: 1929 § 12834; 1919 § 4324; 1909 § 825

Nonhouseholder to file bond--failure.

271.120. No associate circuit judge shall allow any person, not a householder, to post any stray before him, without first filing with such associate circuit judge the bond required by law. And when any person, not a householder, shall appear before an associate circuit judge to post any stray, and shall fail or refuse to give the required bond, such associate circuit judge shall immediately appoint some other person, qualified by law, to take charge and post said stray. At the time of posting, the associate circuit judge shall deliver to every taker-up a written or printed statement of the duties required by law to be performed by such taker-up.

(RSMo 1939 § 14509)

Prior revisions: 1929 § 12835; 1919 § 4325; 1909 § 826

Reclamation by owner.

271.130. The owner of any stray may, within one year from the time of taking up, prove the same before some associate circuit judge of the county, and upon the payment of the fees herein allowed, and a reasonable compensation for keeping the stray, the owner shall be entitled to such property, with the increase, if any.

(RSMo 1939 § 14510)

Prior revisions: 1929 § 12836; 1919 § 4326; 1909 § 827

Proof entered on docket, certification.

271.140. The associate circuit judge shall enter such proof on his docket, and, within ten days thereafter, certify to the county clerk that such proof has been made; but if the appraised value, at the time of the posting, be less than seven dollars, it shall not be necessary for the associate circuit judge to forward such certificate to the clerk, but the proof shall, nevertheless, be entered on his docket.

(RSMo 1939 § 14511)

Prior revisions: 1929 § 12837; 1919 § 4327; 1909 § 828

Amount for keeping stray.

271.150. If the owner and taker-up cannot agree in the amount for keeping said stray, it shall be decided by the associate circuit judge before whom the stray is proved, who shall take into consideration both the cost of keeping and the use and service of such stray.

(RSMo 1939 § 14512)

Prior revisions: 1929 § 12838; 1919 § 4328; 1909 § 829

Failure to reclaim, property vests in taker-up, when.

271.160. If the owner fail to reclaim any stray taken up and posted in accordance with this chapter, within one year from the date of taking up, then the title thereto shall vest absolutely in the taker-up; provided, that if said property shall have been appraised at twelve dollars or more, the title thereto shall not vest in the taker-up till after the payment into the county treasury by him of a sum equal to one-half of the remainder left after deducting the total amount of fees due according to sections 271.320 to 271.350.

(RSMo 1939 § 14513)

Prior revisions: 1929 § 12839; 1919 § 4329; 1909 § 830

File certificate of proof of stray.

271.170. The county clerk on receiving the certificate of the proof of any stray shall file the same, and write in the margin of the record and opposite the amount with which the taker-up stands charged the words "proved and reclaimed".

(RSMo 1939 § 14514)

Prior revisions: 1929 § 12840; 1919 § 4330; 1909 § 831

Charge treasurer with amount paid by owner.

271.180. When the taker-up shall have filed the receipt of the county treasurer with the clerk of the county commission for the full amount which he is required to pay into the county treasury, said clerk shall charge the treasurer with the same, and write in the margin of the record, opposite the amount with which the taker-up stands charged, the word "paid"; or if the taker-up shall not pay into the county treasury the full amount required by law, the clerk shall only give him credit for the amount paid, and charge the same to the treasurer accordingly.

(RSMo 1939 § 14515)

Prior revisions: 1929 § 12841; 1919 § 4331; 1909 § 832

Stray book and stray fund record book.

271.190. For the purpose of complying with the provisions of this chapter, the county clerk shall keep two books, one of which shall be styled the "county stray book", the other the "stray fund record book".

(RSMo 1939 § 14516)

Prior revisions: 1929 § 12842; 1919 § 4332; 1909 § 833

Entries in the county stray book.

271.200. It shall be the duty of the clerk to enter in the county stray book a correct copy of all entries certified to him by any associate circuit judge of the county in relation to the taking up, posting and proving of strays.

(RSMo 1939 § 14517)

Prior revisions: 1929 § 12843; 1919 § 4333; 1909 § 834

Entries in stray fund record book.

271.210. The clerk shall enter in the stray fund record book:

(1) The name of the taker-up of any stray animal appraised at twelve dollars or more;

(2) The date of taking up;

(3) The species of animal taken up;

(4) The appraised value thereof;

(5) The total amount of fees that would be due all parties at the end of one year from the date of taking up according to this chapter;

(6) The contingent amount due the county school fund, which shall be one-half of the remainder after deducting the fees from the appraised value;

(7) He shall also leave a blank column on the right for the purpose of giving the credits herein authorized.

(RSMo 1939 § 14518)

Prior revisions: 1929 § 12844; 1919 § 4334; 1909 § 835

Certain names to be appended to the tax books.

271.220. The clerk shall, annually, at the time of making up the tax book, append thereto a list of the names of all persons appearing on the stray fund record book, with the several items set opposite each name, except the names of such persons as may have taken up animals within one year next before the delivery to the collector of said book, or who may have received credit for the contingent amount due the county school fund as herein provided, and shall charge the collector therewith.

(RSMo 1939 § 14519)

Prior revisions: 1929 § 12845; 1919 § 4335; 1909 § 836

Responsibility of collector.

271.230. The county collector shall be responsible on his bond for the faithful collection and payment into the county treasury of all moneys charged against any person in favor of the county school fund, according to the provisions of the stray law, and shall collect and account for the same in the same manner as for state and county taxes, and no property of the taker-up shall be exempt from sale in the collection of the amount with which he stands charged, till he has complied with the provisions of this chapter.

(RSMo 1939 § 14520)

Prior revisions: 1929 § 12846; 1919 § 4336; 1909 § 837

Delinquent stray list returned.

271.240. The collector shall not sell any property of the taker-up, except the stray, until he shall have returned the delinquent tax list, at which time he shall also return the delinquent stray list under oath that he has used due diligence to collect the same, and has, after diligent search, failed to discover the stray animals therein mentioned. When such list is so returned, it shall thereafter be proceeded with in the same manner as the personal delinquent tax list, and the same fees shall thereafter be allowed the collector, to be taxed as costs, and be paid by the taker-up.

(RSMo 1939 § 14521)

Prior revisions: 1929 § 12847; 1919 § 4337; 1909 § 838

Taker-up may turn stray over to collector, when--effect of.

271.250. The taker-up may, at any time after the expiration of one year from the time of taking up and after the receipt by the collector of the tax book, turn over the stray to the collector; provided, he has taken proper care of said stray and otherwise complied with the provisions of this chapter, and shall hereafter be discharged from further liability; in which case the collector shall sell said stray, and pay into the county treasury, to the use of the county school fund, the whole amount realized by such sale, less the expenses of the sale and the amount of fees charged on the stray delinquent list, which fees shall be paid to the parties entitled thereto.

(RSMo 1939 § 14522)

Prior revisions: 1929 § 12848; 1919 § 4338; 1909 § 839

Taker-up not liable, when.

271.260. If any stray, legally taken up, get away or die, without the fault of the taker-up, he shall not be liable for the same.

(RSMo 1939 § 14523)

Prior revisions: 1929 § 12849; 1919 § 4339; 1909 § 840

Taker-up may use stray, how.

271.270. Any person may use or work a stray legally taken up by him, if he do so with care and moderation, but shall not remove the same from the county more than five days at a time, under penalty of twenty dollars, to be collected and paid into the county school fund.

(RSMo 1939 § 14524)

Prior revisions: 1929 § 12850; 1919 § 4340; 1909 § 841

Recovery of damages by owner, when.

271.280. If any person sell, swap, take out of this state or willfully or negligently injure or abuse any stray before the legal title thereto shall have vested in him, then the owner, if he shall appear and prove such stray within one year from the date of taking up, may recover double the amount of all damages, with costs; but if in such case the owner do not appear and prove the same within the time limited, the taker-up shall be held absolutely liable for the contingent amount with which he stands charged on the stray fund record book, whether he produce said stray to the collector or not; provided, that if any person, after having posted any stray or strays, desire to remove from the county, he may, with the consent of the associate circuit judge or the successor of the associate circuit judge before whom the same was or were posted, turn said stray or strays over to any responsible householder of the vicinity in which the original taker-up resided, who shall take such stray or strays subject to all the provisions of this chapter, the same as the original taker-up; and said associate circuit judge shall make an entry thereof in his stray book, and certify the same to the county clerk, which certificate shall be by him recorded in the stray record of his office, and all costs incurred by the provisions of this section shall be paid by the original taker-up; but such costs shall in no case become a charge against the animal or animals taken up.

(RSMo 1939 § 14525)

Prior revisions: 1929 § 12851; 1919 § 4341; 1909 § 842

Reclamation by owner before posting, how.

271.290. If, after the setting up of notices, the owner claim and prove any stray legally taken up before the same shall have been posted, he shall be entitled to receive the same on payment of the fees allowed the taker-up for taking up such stray, and for posting up notices thereof, and a reasonable compensation for keeping the same; but the taker-up shall not be entitled to compensation for keeping same for more than one day previous to setting up such notices.

(RSMo 1939 § 14526)

Prior revisions: 1929 § 12852; 1919 § 4342; 1909 § 843

Preservation of papers in clerk's office, inspection.

271.310. The county clerk shall receive, file and preserve in his office all such papers sent him, for the inspection of all persons who desire to examine the same.

(RSMo 1939 § 14528)

Prior revisions: 1929 § 12854; 1919 § 4344; 1909 § 848

Compensation for taker-up--fees of appraisers.

271.320. 1. For services rendered in accordance with the provisions of this chapter, the taker-up shall receive the following fees, and no more:

(1) For taking up any horse, mule, ass or neat cattle, twenty-five cents;

(2) For taking up any hog, sheep or goat, twelve and one-half cents; and

(3) For each affidavit filed with the associate circuit judge which shall embrace all strays taken up at one time, fifty cents;

(4) For setting up the notices required by law, one dollar and twenty-five cents; and

(5) For transmitting same to county or other paper for publication, twenty-five cents.

2. Each appraiser shall receive fifty cents.

(RSMo 1939 § 14529)

Prior revisions: 1929 § 12855; 1919 § 4345; 1909 § 849

Fees for associate circuit judge.

271.330. The associate circuit judge shall be entitled to the following fees and no more:

(1) For recording notice of taker-up, twenty-five cents;

(2) Recording certificate of appraisers, twenty-five cents;

(3) For each certificate of docket entries to county clerk, thirty-five cents;

(4) For issuing summons to appraisers, when such summons is necessary, twenty-five cents.

(RSMo 1939 § 14530)

Prior revisions: 1929 § 12856; 1919 § 4346; 1909 § 850

Compensation of publisher for notice and affidavit.

271.340. The publisher of any newspaper shall receive for publishing the notice required in section 271.100, and filing the affidavit thereof with the clerk, one dollar and sixty cents.

(RSMo 1939 § 14531)

Prior revisions: 1929 § 12857; 1919 § 4347; 1909 § 851

Fees of county clerk.

271.350. The county clerk shall receive for recording each certified copy of the entries in the associate circuit judge's stray book, twenty-five cents; for filing any other paper not required to be recorded, five cents; for making the proper entries in the stray fund record book, for each stray, five cents.

(RSMo 1939 § 14532)

Prior revisions: 1929 § 12858; 1919 § 4348; 1909 § 852

Penalty for failure to perform duty.

271.360. Any printer, clerk, associate circuit judge or other officer, failing to perform the duties enjoined on him by this chapter, shall forfeit to the county not less than five nor more than fifty dollars, and shall otherwise be liable to the party injured in double damages.

(RSMo 1939 § 14533)

Prior revisions: 1929 § 12859; 1919 § 4349; 1909 § 853

Fines, penalties and forfeitures to go into school fund.

271.370. All fines, penalties and forfeitures, also all moneys, except fees collected from the taker-up of any stray, under the provisions of this chapter, shall be paid into the county treasury, and become a part of the permanent school fund of the county.

(RSMo 1939 § 14534)

Prior revisions: 1929 § 12860; 1919 § 4350; 1909 § 854


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