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Estray, in
Estray, in common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
, is any domestic animal
This page gives a list of domesticated animals, also including a list of animals which are or may be currently undergoing the process of domestication and animals that have an extensive relationship with humans beyond simple predation. This includ ...
found wandering at large or lost, particularly if its owner is unknown. In most cases, this implies domesticated animals rather than pets.
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, they are 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
A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...
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 are the Domestication, domesticated animals that are raised in an Agriculture, agricultural setting to provide labour and produce diversified products for consumption such as meat, Egg as food, eggs, milk, fur, leather, and wool. The t ...
animal running at large may be neutered
Neutering, from the Latin ('of neither sex'), is the removal of a non-human animal's reproductive organ, either all of it or a considerably large part. The male-specific term is castration, while spaying is usually reserved for female animals. C ...
at the owner's expense.
In the United States, it is common for there to be a required "Notice of Estray" sworn and filed in a local office. The process usually takes a prescribed time to permit the property owner to collect his property. Otherwise, the finder obtains title to the property.
See also
*Abandoned pets
Abandoned pets are companion animals that are either inadvertently or deliberately abandoned by their owners, by either dumping the animals on the streets, leaving them alone in a vacant property, or relinquishing them at an animal shelter.
Re ...
*Feral
A feral (; ) animal or plant is one that lives in the wild but is descended from domesticated individuals. As with an introduced species, the introduction of feral animals or plants to non-native regions may disrupt ecosystems and has, in som ...
*Maverick (animal)
A maverick is an animal, usually a form of cattle, that does not carry a livestock branding, brand.
Etymology
The term ''maverick'' derives from Samuel Maverick, a rancher who among other claims to fame was notorious for not branding his cattle ...
*Waif and stray
Waif and stray was a legal privilege commonly granted by the Crown to landowners under Anglo-Norman law. It usually appeared as part of a standard formula in charters granting privileges to estate-holders, along the lines of "with sac and soc, tol ...
*Rabies
Rabies is a viral disease that causes encephalitis in humans and other mammals. It was historically referred to as hydrophobia ("fear of water") because its victims panic when offered liquids to drink. Early symptoms can include fever and abn ...
*Stray cattle in India
India has over 5 million stray cattle according to the livestock census data released in January 2020. The stray cow attacks on humans and crops in both urban and rural areas is an issue for the residents.
Cow slaughter is banned in many place ...
References
{{Reflist Domesticated animals Legal terminology