THE ESTRAY LAW. AN ACT in relation to estrays, constituting chapter fifty-nine of the general laws. The People of the State of New York, represented in Senate and Assembly, do enact as follows: CHAPTER LIX OF THE GENERAL LAWS. THE ESTRAY LAW. Article I. Estrays doing damage. (§§ 1-17.) II. Animals straying on highways. (§§ 20-53.) ARTICLE I. ESTRAYS DOING DAMAGE. Section 1. Short title. 2. Strays and beasts doing damage. 3. Notice to town clerk. 4. Impounding beasts. 5. Feeding impounding animals. 6. Notice to owner. 7. Charges for notice. 8. Fees of fence viewers. 9. When lien may be foreclosed. 10. Notice of sale by fence viewers. 11. Proceeds of sale. 12. Notice to owner of fence viewers' meeting. 13. Duties of fence viewers. 14. Foreclosure of lien by action. 15. Duty and fees of pound-masters. 16. Surplus moneys. 17. Damages from inanimate goods. 18. Fence viewers in villages and cities. Section 1. Short title.-This chapter shall be known as the estray law. § 2. Strays and beasts doing damage. Whenever any person shall have any strayed horses, cattle, sheep, swine or other beasts upon his inclosed land, or shall find any such beast on land owned or occupied by him doing damage, and such beast shall not have come upon such lands from adjoining lands, where they are lawfully kept, by reason of his refusal or neglect to make or maintain a division fence required of him by law, such person may have a lien upon such beasts for the damage sustained by reason of their so coming upon his lands and doing damage, for his reasonable charges for keeping them, and all fees and costs made thereon, and he may keep such beasts until such damages, charges, fees and costs are paid, or such lien is foreclosed, upon comply. ing with the provisions of this article relating thereto. [Town Law, § 120, without change.] § 3. Notice to town clerk.-If such beasts are not redeemed within five days after coming upon such lands, the person entitled to such lien, shall deliver to the town clerk of the town, within which such lands or some part thereof shall be, a written notice subscribed by him, containing his residence, and a description of the beasts so strayed or coming upon his lands, as near as may be, and that he claims a lien on such beasts for such damages, charges, fees and costs. The town clerk shall record the notice in a book to be kept by him for that purpose, for which he shall receive ten cents for each beast, to be paid by the person delivering the notice. Such book shall always be kept open for inspection, and no fees shall be taken by the clerk therefor. [Town Law, § 121, without change.] § 4. Impounding beasts.-Within six days after such beasts shall have come upon such lands, such owner or occupant may cause them to be put in the nearest pound in the same town, if there be one, there to remain until they are redeemed, sold or reclaimed according to law. If there be no such pound, or he elect to keep such beasts, he shall cause them to be properly fed and cared for until they are redeemed, sold or reclaimed according to law. [Town Law, § 122, without change.] § 5. Feeding impounding animals.-In case any animal shall be at any time impounded and shall continue to be without necessary food and water for more than twelve successive hours, any person may, as often as it shall be necessary, enter into and upon any pound in which any animal shall be so confined and supply it with necessary food and water, so long as it shall remain so confined; such person shall not be liable to an action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such animals and such animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. [L. 1867, ch. 375, § 4; Birds. Stats., 69, 9th ed., 2243.] § 6. Notice to owner.-Within thirty days after any such beasts may have come or been found upon any lands, the owner or occupant of the lands shall serve a written notice, either personally or by mail, upon the owner of the beasts, if known, that they are upon his lands, or in pound, as the case may be, and are held by him as strays or beasts doing damage, as the case may be; and if such owner is not known, he shall publish such notice, within such time, in the nearest newspaper of the county for at least two successive weeks. [Town Law, § 123, without change.] § 7. Charges for notice. The person delivering the notice to the town clerk shall be entitled to receive therefor, in addition to the fees paid the town clerk, fifteen cents each for all horses, mules, cattle and swine, and five cents for each other beast described in the notice. If the charges, damages, costs and fees are not agreed upon between the person delivering the notice and the owner of the beasts, they shall be determined by two fence viewers of the town, one of whom shall be selected by the person claiming the lien, the other by the fence viewer so selected. If such fence viewers can not agree, they shall select another to act with them, and the decision of any two of them shall be final. [Town Law, § 124, without change.] § 8. Fees of fence viewers.-Each fence viewer shall be entitled to receive ten cents for every mile he shall be obliged to travel from his residence to the place where the beasts are kept, and seventy-five cents for certificate of the charges as ascertained by them. [Town Law, § 125, without change.] § 9. When lien may be foreclosed.-If the owner of such beasts shall not redeem the same within three months after delivery of the notice to the town clerk, the person delivering the notice may foreclose his lien by action, or by a sale of the beasts, as herein provided. When a person claiming a lien, as herein provided, shall fail to establish the same he shall not be entitled to receive anything for damages, charges, fees or costs, but shall be liable to pay all fees, costs and expenses incurred by reason of his keeping such beasts and the proceedings thereon. [Town Law, § 126, without change.] § 10. Notice of sale by fence viewers.-After such three months, a fence viewer of the town, on application of the person delivering the notice, shall give at least ten days' previous notice of the time and place of the sale of such beasts, by advertisement posted up in at least five public places in the town where such beasts may have been kept, one of which shall be at or near the outside door of the town clerk's office. At the time and place mentioned, such fence viewers shall sell such beasts to the highest bidder, unless redeemed by the owner. [Town Law, § 127, without change.] § 11. Proceeds of sale.-Out of the proceeds from such sale, the fence viewer shall retain and pay the sums charged for such notices, fees and costs, together with the sums specified in the certificate for keeping the beasts, and damages done by them; and the like charges for the sale, as are allowed on sales under executions issued out of justices courts, and he shall pay the residue to the owner of the beasts, if he shall appear and demand the same. [Town Law, § 128, without change.] § 12. Notice to owner of fence viewers' meeting.-When the owner of such beasts is known and resides in the same town where such beasts are kept, five days' notice of the time and place of the meetings of the fence viewers to determine the damages done by such beasts, and the charges for keeping them, shall be personally served on him, if he resides in the same town; if he resides elsewhere, and his post-office address is known, such notice shall be served by mail or personally. [Town Law, § 129, without change.] §13. Duties of fence viewers.-The fence viewers shall view the premises where damages are claimed to have been done, and they may issue subpoenas, examine witnesses and take any competent evidence of the facts and circumstances necessary to enable them to determine the matter submitted to them, and shall determine any dispute that may arise touching the sufficiency of any division fence around the premises where such damage was done, and from where and how the beasts came upon the lands of the person claiming such damages and charges; if they determine that for any cause the claimant's lien is not |