Payment and filing required for unclaimed strays

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  1. (a)

    1. (1) Every person who shall take up a stray animal which shall not be reclaimed by the owner within one (1) year shall pay into the county treasury of the county in which the stray was taken up one-half (½) of the residue after deducting all legal expenses from the appraised value of the animal and shall file the county treasurer's receipt for it in the office of the county clerk.

    2. (2)

      1. (A) The county clerk shall charge the county treasurer with all such funds as shall be paid into the treasury; and

      2. (B) These funds shall be apportioned among the several districts of the county as other funds are apportioned.

  2. (b) After the term of one (1) year from the taking up of any animal, if the order of the justice of the peace requiring the taker-up of the animal to return the animal to the owner, with the owner's receipt thereon, shall not be filed with the clerk, or the one-half (½) of the appraised value paid into the treasury, and the county treasurer's receipt filed with the clerk, the clerk shall issue a notice to the delinquent to appear at the next session of the county court for that county and show cause, if any he or she can, why judgment shall not be entered against him or her, in favor of the state, for the benefit of the county.

  3. (c) The notice shall be delivered by the clerk to the sheriff and served by him or her on the person.

  4. (d)

    1. (1) If no sufficient cause is shown, the court shall enter judgment against the delinquent for the amount due the county, with costs, and execution shall issue for it as in other cases.

    2. (2) The cause shall be tried without the necessity of formal pleadings.


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