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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : AGRICULTURE AND ANIMALS
Chapter : Chapter 271 Strays
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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, RSMo
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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