Statute 47-239: Same; publication notice for sale; contents; disposition
of proceeds of sale; special stray fund; establishing of ownership
within six months of sale.
The notice for the sale of the stray shall be published for one (1)
issue in a publication or publications having general circulation in the
area where said stray was taken up, which notice shall describe the
stray animal by stating the kind, sex, age, and brands. The notice shall
not contain any statement as to the color of the stray animal, or as to
any marks or other distinguishing features, and it shall not contain the
name or address of the taker-up of such animal. Out of the proceeds from
the sale of said stray animal, the sheriff shall pay the taker-up of
such animal, reasonable compensation for his keeping and feeding of the
same, and the sheriff shall pay all costs of the stray proceedings. Any
proceeds remaining in the hands of the sheriff after payment of feeding
and sale costs, shall be paid by him to the treasurer of the county in
which the stray animal was taken up. Such funds shall be placed by the
county treasurer in a special stray fund.
At any time prior to the expiration to six (6) months following the
date of such deposit with the county treasurer, a claimant may appear
before the sheriff and submit evidence of ownership of said stray
animal. If such evidence is acceptable and satisfactory to the sheriff
and to the state livestock commissioner or his authorized
representative, for purpose of establishing ownership of said stray
animal, the sheriff shall direct the county treasurer to disburse the
remainder of the proceeds from the sale of said stray animal to said
claimant.
Upon the expiration of a period of six (6) months following the
receipt of deposit of proceeds from the sale of any stray animal,
without any such directive having been received from the sheriff, the
county treasurer shall pay the remaining proceeds to the livestock
commissioner to be remitted, deposited and credited as provided by
K.S.A. 47-417a.
History: L. 1970, ch. 205, § 3; L. 1973, ch. 2, § 17; July 1.