118 ESTEAYS. 



An advertisement which does not state the name of the 

 taker-up of the estray or the locality, with sufficient accuracy 

 to enable the owner to find the property, is defective and the 

 finder can acquire no title under it.^" The failure to adver- 

 tise is not excused because the owner has claimed the estray 

 and promised to bring proofs.^^ 



The taker-up has a lien on the estray for his charges and 

 fees and cannot be dispossessed until they are paid.^" But 

 they include only necessary expenses actually incurred.^^ 

 Where the ownership was known, the owner may replevy 

 without tendering costs and expenses.^* The owner's failure 

 to pay the costs and legal expenses before one year does not 

 forfeit his right of property, if such failure is caused by the 

 absence or other act of the taker or there is any other legal 

 excuse.^* 



Mandamus will not lie to compel the secretary of the State 

 Board of Live Stock Commissioners to pay the proceeds of a 

 sale of estrays to a claimant, unless the secretary abuses his 

 discretion and refuses to consider proofs presented to him; 

 but he may require further proof than that provided for in the 

 statute.^® 



The subject of the impounding and sale of trespassing ani- 

 mals is discussed in another part of this work.^^ 



™ McMillan v. Andrews, 50 III. 282. 



" Wright V. Richmond, 21 Mo. App. 76. 



^ Garabrant v. Vaugh, 2 B. Mon. (Ky.) 327; Ford v. Ford, 3 Wis. 399; 

 Mahler v. Holden, 20 III. 363; Rice v. Underwood, 27 Mo. 551. 



"' Amory v. Flyn, 19 Johns. (N. Y.) 102. "A person who takes up an 

 estray cannot levy a tax upon it but by way of amends or indemnity." 



^■' Walters v. Glats, 29 la. 437. 



^° Stephenson v. Brunson, %-x Ala. 455. 



" State V. Live Stock Commrs., 4 Wyo. 126. " See §§ 81-84, infra. 



