StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Estray statutes - Essay Example

Comments (0) Cite this document
Summary
Estray, in law, is any domestic animal found wandering at large or lost, the owner being unknown. In early English common law, estrays were forfeited to the king or lord of the manor. In modern times, as described in Wikipedia (2007), estray statutes define provisions and conditions for taking up stray animals and acquiring either title to them or a lien for the expenses incurred in keeping them…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.2% of users find it useful
Estray statutes
Read TextPreview

Extract of sample "Estray statutes"

Download file to see previous pages The statute defines lost property and abandoned property, and provides procedures and remedies which prescribe the powers and duties of finders and owners of the property, and of relevant government employees. It provides for the disposition of lost property that remains unclaimed by the owner and by the finder. The statute exempts from its application limited types of property. Defined by these laws and regulations, a person taking up an estray has a qualified ownership in it, which becomes absolute if the owner fails to claim the animal within the statutory period. If the owner reclaims the estray, he is 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. Like registering title, estray statutes discourage the theft of property. Like adverse-possession rules, estray statutes tend to clear the clouds from title and transfer property to productive use. Like adverse-possession rules, estray statutes also provide an incentive for owners to monitor their property. Estray statutes induce the dissemination of information and thus reduce the search costs of owners who lose their property (Wen, 2004).
Statutory time limit is usually within one year (Baumer, 2003) as practiced in South Dakota. In Colorado however, this limit is good for five days only by animal control officer, unless claimed by the owner, the state board of stock inspection commissioners will keep the animal (Ord. 196, 1973). In Idaho, upon notice to the County Clerk within ten days, publish notification in a newspaper within twenty days and still unclaimed, the statutory limit will end within three months and the finder will become the owner. These notifications are necessary for the finder who fails to make a reasonable effort to return the property to its owner will be considered theft (Idaho Code 55-405). In Nebraska (Nebraska Brand Committee, 2006), Oklahoma (University of Vermont. 2001), and Minnesota (Office of Revisor of Statutes, 2006) the notification is only within seven days. In Minnesota, notification is also within ten days. If the finder failed to post the notice hence ignored the property rights of the owner, he shall be charged double the amount of damages sustained by the owner thereby. In New Jersey, if the owner failed to reclaim it within 120 days "a. the owner of the premises where the property was found may claim title to buried or hidden lost property or to lost property which a trespasser found; b. the finder of the property may claim title to lost property in other cases." (New Jersey Law Revision Commission, n.d.) If the owner of the premises or the finder does not claim the lost property, marketable property shall be sold in which the net proceeds shall be deposited with the administrator of the Uniform Unclaimed Property Act (46:30B-1 to -109) in the Unclaimed Personal Property Trust Fund ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Estray statutes Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1529103-estray-statutes
(Estray Statutes Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/miscellaneous/1529103-estray-statutes.
“Estray Statutes Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1529103-estray-statutes.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Estray statutes

The objective of the marriage statutes and same sex marriage

... The objective of the marriage statutes and same sex marriage Going by Marshall, C.J. definition of marriage, it is supposed to be a commitment of two individuals for various reasons and one of the expected end results is to bring stability to society. Given the controversy surrounding same sex marriage, majority opinion notwithstanding, the verdict undermines the issue of social stability .It is evident that in trying to arrive at the desired conclusion of the case ,those supporting the idea of same sex marriage relied heavily on loopholes available in the constitution and existing laws of Massachusetts to justify their opinion. For there to be social stability, there must be complete harmony between the contending parties considering...
7 Pages(1750 words)Essay

The Concepts of Case Laws and Statutes

The supplementary foundation's law consists of case law by the Court of Justice, the general doctrines of the European Union law and international law. The supplementary bases of the European law are unrecorded bases consisting of the Court of Justice of the European Union case law, general principles and international laws. The supplementary foundations are normally of judicial derivation and are applied by the Court of Justice of the EU in cases where the secondary and/or primary legislation may or cannot resolve the matter amicably. From during the 1970s, fundamental rights which are acknowledged as the general principles of the European Union law have been incorporated into the principal legislation in the EU. The EU and its m...
9 Pages(2250 words)Research Paper

Statutes and Enforcement, Organized Crime

...? JAMES GALANTE, TRASH CZAR COLLEGE During the summer of 2008, James Galante and thirty-two of his employees and associates accepted a plea bargain from the Federal Bureau of Investigations, pleading guilty to racketeering charges involving his trash hauling business (FBI, 2008). This offense is important because these mob group activities kept other companies from competing in Galante's area without paying him and drove up prices for customers (FBI, 2008). His offenses fell under the Racketeer Influence and Corrupt Organization, or RICO, statute (18 U.S.C 1961-1967) due to his committing extortion and bribery, violated the Internal Revenue Code, and even could fall under the Hobbs Act (FBI, 2008; Abadinsky, 2010, pp 363-368). Use...
4 Pages(1000 words)Coursework

Common Law Rape and Modern Statutes Describing Sexual Assault

...?Sexual Assault Common law and modern statutes that describe sexual assaults are different in so many ways. Common law on rape is the traditional statute that guides the crime of rape and describes the sexual assault that is qualified to be called rape. While modern statutes are more like an amendment on the common law on rape as the modern statutes include some cases that common law stipulates that are not qualified to be called rape cases. The differences that exist between the common law on rape and the modern statutes describing sexual assault shall be established in this paper. According to common law, rape is a crime and the rapist must be duly punished for the attempt to forcefully have sexual intercourse with a helpless victim...
2 Pages(500 words)Essay

Research paper on stem cell research legislation and the related legal issues : What is the history of stem cell research legislation in the United States How does it compare to comparable statutes in the rest of the world

...Stem Cell Legislation, How the U.S. Compares The United s, along with several other countries, plays a vital role studying the many medical applications and potential therapeutic advantages of stem cell research. Scientists have conclusively proven that embryonic stem cells have the ability to genetically restore defective bodily tissues and regenerate organs. Stem cell treatments has the incredible capability of provide ground-breaking cures for cancer, Alzheimer’s, Parkinson’s and kidney disease, diabetes, multiple sclerosis, macular degeneration and numerous other kinds of medical conditions. Even more amazingly, stem cells have also shown a tremendous potential to repair and regenerate injured spinal cords allowing... Cell Legislation, ...
5 Pages(1250 words)Term Paper

Statutes of Property: Common Law and Land Law

... by the museum Gareth would be able to lodge an objection to the coroner who may order the items to be returned to Gareth. Bibliography Bryn Perrins, Understanding Land Law, 3rd Ed, 200, Cavendish Publishing Ltd Gravells, N P, Land Law Text and Materials, 2nd Ed, 1999, Sweet and Maxwell Pearce, R & Stevens, J, The Law of Trusts and Equitable Obligations, 2nd Ed, 1998, Butterworths Hayton, D J , Commentary and Cases on The Law of Trusts and equitable Remedies, 11th Ed, 2001, Sweet & Maxwell Thomas, M, Statutes on Property Law, 8th Ed. 2001, Blackstone’s Transfer of land: The Law of Positive and Restrictive Covenants (1984) Law Commission No 127 http://www.landregistry.gov.uk http://www.propertylawuk.net www.opsi.gov.uk...
9 Pages(2250 words)Assignment

Environmental Statutes

...Environmental Statutes al Affiliation Environmental Statutes The environmental protection laws are aimed at protecting the natural environmental from destruction from human activities. However, not all corporations or businesses are subjected to the environmental protection laws. Those affected are those that whether directly or indirectly affect the natural environment such as water, land, and water (SBA.Gov, n.d). The natural environment offers the most fundamental resources upon which life depends. These laws are regulated by the Environmental Protection Agency for the federal government. Through their regional offices, they issue permits, monitor, and enforce compliance with these laws. The mission of the EPA is to safeguard...
1 Pages(250 words)Research Paper

One of the most significant developments in international law was the development of international criminal tribunals. With reference to specific treaties and statutes, discuss the development of international criminal tribunals from the end of the Second

...Question (not to be rephrase) One of the most significant developments in international law was the development of international criminal tribunals. With reference to specific treaties and statutes, discuss the development of international criminal tribunals from the end of the Second World War to the present time. Answer The origins of the international criminal court derive from the end of World War I. Cassese (2008) states that the purpose of the court was to charge and then attempt to prosecute individuals such as prominent politicians, who allegedly committed heinous crimes against humanity. Article 27 of the Versailles Peace Treaty was based on the German Emperor, Kaiser Wilhelm II, who suggested that an international tribunal...
4 Pages(1000 words)Essay

Identity Theft Statutes

...Identity Theft Statutes Introduction According to Barnett (2005, p. 168), statutes of frauds is the requirements that the conditions of a contract be put in writing with adequate details in order to ensure there is evidence of the relationship between the parties and ensure efficient enforcement of the contract. It further requires that all the parties involved in the agreement and bound by similar conditions append their signature as a declaration that they agree to be bound by those conditions (Yackle 2007, p. 65). Statues of frauds enable the parties to recognize their obligations and perform in accordance to the agreed terms. The statute includes the names of the contracting parties as well as the terms and conditions contract...
8 Pages(2000 words)Assignment

Interpretation of Statutes

...Interpretation of statutes al Affiliation) Sta y interpretation entails interpretation of acts of parliament byjudges. Seventy five of cases presented at the House of Lords in the United Kingdom are associated with interpretation of statutes. Interpretation of statutes involves applying and reading statutory laws, and judges have a mandate of discovering the parliament’s intention during the passing of the law1. The content of statutes usually has a straightforward and plain meaning. In most cases though, the words of a statutes are usually unclear and sometimes ambiguous in that various interpretations can be made out of it. Judges have a mandate of resolving of making such statutes clear if not well interpreted. An example of unclear...
8 Pages(2000 words)Essay

When Interpreting Statutes, Do Judges Simply Give Effect to the Will of Parliament

...WHEN INTERPRETING STATUTES, DO JUDGES SIMPLY GIVE EFFECT TO THE WILL OF PARLIAMENT OR DO THEY AMEND STATUTES UNDER THE GUISE OF INTERPRETATION? By Author’s Name Name of the Class Name of the Professor Name of the School City, State 18 May 2015 Introduction A statute or statutory law is a written code passed by an Act of Parliament for the governing of a state or country. It is a primary legislation enacted so that the citizens of that particular country abide by it and live as per its enactment (Hicks and Goo 2008). Statutory interpretation in England is a judicial exercise which derives its power from the English Constitution. Cross asserts that renowned scholars are elucidating that the proposed methods in the statutory...
6 Pages(1500 words)Case Study

Interpretation of Statutes by Judges

... School: Topic: INTERPRETATION OF STATUTES BY JUDGES Lecturer: Introduction In a typical democratic governance system such as the one in the UK, the arms of government consist of the executive, judiciary, and legislature (Barenboim 2009, p. 45). In order to ensure separation of power, each of these arms has its roles and duties clearly defined to it. Each arm of government also has some level of power and authority attached to what it does. Among the three, the judiciary is the arm of government tasked with the interpretation and application of laws made in the name of the state (Cardozo 1998, p. 14). In the common law jurisdiction, the laws are made by the legislature, represented by the Parliament (Craig & de Búrca 2007, p. 132...
6 Pages(1500 words)Essay

Some Reflections on the Reading of Statutes

...Some Reflections on the Reading of Statutes I have reviewed the article “Some Reflections on the Reading of Statutes” by Felix Frankfurter and I agree with his interpretation for various reasons. First of all, people no longer read actual statutes. Rather, they read imitation law. For instance, a text is passed in Congress and by the time it is published it has become a session law. People no longer read the statutes of the United States. Additionally, people neither cite such statues nor use them for statutory interpretation. Instead, people read the United States Code. I agree with Felix Frankfurter that words are “symbols of meaning [which in the] phrasing of...a complicated enactment, seldom attains more than approximate precision...
2 Pages(500 words)Essay

Core Statutes on Criminal Law

... to take the view that Jim was reckless in his actions39. Jim could argue that it was not reasonably foreseeable that the bomb would go off early, or that Edward would ignore the instruction not to try to disarm the bomb. He could also argue that it was not reasonably foreseeable that Sam would die as a result of the shock. However, in the circumstances, the courts would more than likely infer that Jim intended to cause serious harm, and therefore should be held liable for the deaths. Bibliography Allen, C, Practical Guide to Evidence, 2nd Ed, 2001, Cavendish Publishing Ashworth, A and Blake, M The presumption of innocence in English law [1996] Crim LR 306 Cook, K, James, M, and Lee, R, Core Statutes on Criminal Law, 2006-2007, Law...
13 Pages(3250 words)Assignment

Organized Crime Statutes and Enforcement: The Galante Case

... During the summer of 2008, James Galante and thirty-two of his employees and associates accepted a plea bargain from the Federal Bureau of Investigations, pleading guilty to racketeering charges involving his trash hauling business (FBI, 2008). This offense is important because these mob group activities kept other companies from competing in Galante's area without paying him and drove up prices for customers (FBI, 2008). His offenses fell under the Racketeer Influence and Corrupt Organization, or RICO, statute (18 U.S.C 1961-1967) due to his committing extortion and bribery, violated the Internal Revenue Code, and even could fall under the Hobbs Act (FBI, 2008; Abadinsky, 2010, pp 363-368). Use of the RICO standard is what allowed...
6 Pages(1500 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Estray statutes for FREE!

Contact Us