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in it, which becomes absolute if the owner fails to claim the animal within the statutory time limit. Whether the animal escaped through the owner's negligence or through the wrongful act of a third person is immaterial. If the owner reclaims the estray, they are liable for reasonable costs of its upkeep. The use of an estray during the period of qualified ownership, other than for its own preservation or for the benefit of the owner, is not authorized. Some statutes limit the right to take up estrays to certain classes of persons, to certain seasons or places, or to animals requiring care.
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The right to forfeit the title of the owner to estrays has been recognized from a very remote period. At the common law they were originally forfeited to the king as the general owner and lord paramount of the soil; and later they most commonly belonged to the lord of the manor by special grant from
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Under early
English common law, estrays were forfeited to the king or lord of the manor; under modern statutes, provision is made for taking up stray animals and acquiring either title to them or a lien for the expenses incurred in keeping them. A person taking up an estray has a qualified ownership
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There is no strictly accurate definition of an estray to be found in any reported decision but from all of them may be deduced the following: An estray is an animal, by nature tame and reclaimable, having a value as property generally recognized by law, as a sheep, ox, hog, or horse, which is found
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In the United States, it is common for there to be a required "Notice of Estray" sworn and filed in a local office. The process usually takes a prescribed time to permit the property owner to collect his property. Otherwise, the finder obtains title to the property.
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impound stray animals, they may sell them at auction to recover the costs of upkeep, with proceeds, if any, going into the public treasury. In some places, an uncastrated male
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found wandering at large or lost, particularly if the owner is unknown. In most cases, this implies domesticated animals rather than pets.
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wandering and the owner of which is unknown. Animals on which the law sets no value as a dog or cat and animals
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178:"The American and English Encyclopedia of Law and Practice"
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Domestic animal that has strayed from the owner's property
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McKinney, William Mark; Garland, David
Shephard (1910).
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The
American and English Encyclopaedia Law and Practice
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23:A stray sheep on a road in Lancashire, England
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45:When public officials, such as a county
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135:Stray cattle in India
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198:Domesticated animals
82:2 Right to Forfeit.
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51:livestock
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155:"Estray"
104:See also
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55:neutered
66:ESTRAYS
47:sheriff
130:Rabies
28:Estray
115:Feral
94:From
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Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
