Estray
Encyclopedia
Estray, in law, is any domestic animal found wandering at large or lost, particularly if the owner is unknown.
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 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, 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.
When public officials, such as a county sheriff
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 livestock
animal running at large may be neutered
at the owner's expense.
Under early English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, 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 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, 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.
When public officials, such as a county sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
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 livestock
Livestock
Livestock refers to one or more domesticated animals raised in an agricultural setting to produce commodities such as food, fiber and labor. The term "livestock" as used in this article does not include poultry or farmed fish; however the inclusion of these, especially poultry, within the meaning...
animal running at large may be neutered
Castration
Castration is any action, surgical, chemical, or otherwise, by which a male loses the functions of the testicles or a female loses the functions of the ovaries.-Humans:...
at the owner's expense.