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The Water Cooler
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Cows on my property
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<blockquote data-quote="Jon3830" data-source="post: 3933021" data-attributes="member: 210"><p>R.L.1910, § 152.</p><p>§4-135. Proceedings after distraint - Assessment of damages -</p><p>Notices - Sale - Surplus.</p><p>A. Within forty-eight (48) hours after stock has been</p><p>distrained, Sunday not being included, the party distraining, or such</p><p>party's agent, shall notify the owner of the stock when known, or, if</p><p>unknown, the party having them in charge. If the owner fails to</p><p>satisfy the person whose lands are trespassed upon, the party injured</p><p>shall, within twenty-four (24) hours thereafter, notify in writing</p><p>the county sheriff to come upon the premises to view and assess the</p><p>damages.</p><p>B. The county sheriff shall, within forty-eight (48) hours after</p><p>receiving such notice, Sundays and holidays excepted, proceed to view</p><p>and assess the damages, and determine a reasonable amount to be paid</p><p>for seizing and keeping said stock. If the person owning the</p><p>distrained stock fails to pay the damages as assessed, the sheriff</p><p>shall provide for the public notice and sale of the distrained stock</p><p>as provided by Section 85.6 of this title.</p><p>C. Any money or stock left after satisfying such claims shall be</p><p>returned to the owner of the stock sold.</p><p>R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c.</p><p>44, § 3, eff. Nov. 1, 1997.</p><p>§4-136. Assessment of damages - Filing - Review - Bond - Supersedeas</p><p>- Delivery of stock to owner appealing - Certification of papers.</p><p>The county sheriff shall make his assessment in writing and file</p><p>the same with the county clerk, to be kept in his office. Any person</p><p>aggrieved by the action of the county sheriff under this article, may</p><p>appeal therefrom, to the district court. The person appealing shall</p><p>file with the county sheriff a bond, in a penalty double the value of</p><p>the property distrained, or if the value of the property exceed the</p><p>amount of damage claimed, then in double the amount of damages, with</p><p>good and sufficient sureties, to be approved by the county sheriff,</p><p>and from and after the filing of the appeal bond, the same shall</p><p>operate as a supersedeas. In case the owner of such stock be the</p><p>appellant, the same shall be delivered to him. The county sheriff</p><p>shall, after the appeal is taken, certify all the original papers in</p><p>the case to the district court.</p><p>R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2.</p><p>§4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.</p><p>§4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966.</p><p>[URL unfurl="true"]https://oksenate.gov/sites/default/files/2019-12/os4.pdf[/URL]</p></blockquote><p></p>
[QUOTE="Jon3830, post: 3933021, member: 210"] R.L.1910, § 152. §4-135. Proceedings after distraint - Assessment of damages - Notices - Sale - Surplus. A. Within forty-eight (48) hours after stock has been distrained, Sunday not being included, the party distraining, or such party's agent, shall notify the owner of the stock when known, or, if unknown, the party having them in charge. If the owner fails to satisfy the person whose lands are trespassed upon, the party injured shall, within twenty-four (24) hours thereafter, notify in writing the county sheriff to come upon the premises to view and assess the damages. B. The county sheriff shall, within forty-eight (48) hours after receiving such notice, Sundays and holidays excepted, proceed to view and assess the damages, and determine a reasonable amount to be paid for seizing and keeping said stock. If the person owning the distrained stock fails to pay the damages as assessed, the sheriff shall provide for the public notice and sale of the distrained stock as provided by Section 85.6 of this title. C. Any money or stock left after satisfying such claims shall be returned to the owner of the stock sold. R.L. 1910, § 153. Amended by Laws 1968, c. 72, § 1; Laws 1997, c. 44, § 3, eff. Nov. 1, 1997. §4-136. Assessment of damages - Filing - Review - Bond - Supersedeas - Delivery of stock to owner appealing - Certification of papers. The county sheriff shall make his assessment in writing and file the same with the county clerk, to be kept in his office. Any person aggrieved by the action of the county sheriff under this article, may appeal therefrom, to the district court. The person appealing shall file with the county sheriff a bond, in a penalty double the value of the property distrained, or if the value of the property exceed the amount of damage claimed, then in double the amount of damages, with good and sufficient sureties, to be approved by the county sheriff, and from and after the filing of the appeal bond, the same shall operate as a supersedeas. In case the owner of such stock be the appellant, the same shall be delivered to him. The county sheriff shall, after the appeal is taken, certify all the original papers in the case to the district court. R.L. 1910, § 154. Amended by Laws 1968, c. 72, § 2. §4-137. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966. §4-138. Repealed by Laws 1965, c. 117, § 2, eff. Jan. 1, 1966. [URL unfurl="true"]https://oksenate.gov/sites/default/files/2019-12/os4.pdf[/URL] [/QUOTE]
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