In the event that there is more than one (1) claimant to any estray after the publication of the notice, as provided by this act, and if a contest or controversy ensues as a result of adverse claimants, then after the publication the sheriff shall certify the matter to the district court of the county in which the estray is taken up, and the small claims division of the district court shall docket said matter in a proper docket supplied by the county for such purpose, and the claimants shall have ten (10) days from the date of such docketing of said matter to file affidavits in support of their several claims. The district court shall also have the right and authority to hear oral testimony at any reasonable time on notice to the claimants to determine the ownership of such estray, and after said hearing the district court shall enter a finding determining the ownership of said estray. Such finding shall have the same effect and force as a judgment and shall be appealable as other matters from the district court but such appeals shall be taken within ten (10) days. In the event two (2) or more claimants are found to be the owners of such estrays, the expenses incurred by the taker-up shall be assessed pro rata to the owners. They shall jointly pay for the keeping of such estrays as is customary in the community for pasturing, feed and keeping of such animals, together with the cost of the proceeding including publication costs.
Added by Laws 1970, c. 165, § 7.
Structure Oklahoma Statutes
§4-30.1. Commercial Pet Breeders and Animal Shelter Licensing Act.
§4-30.5. Application for licensure - Inspection of applicant.
§4-30.6. Requirements for licensure.
§4-30.7. Revocation or suspension of license.
§4-30.8. Expiration and renewal of license.
§4-30.9. Required information updates.
§4-30.10. Disclosure of license.
§4-30.11. Annual report filings.
§4-30.12. Annual health records.
§4-30.13. Prohibited conduct - Penalties.
§4-30.14. State disclosure duties.
§4-30.16. Appropriation of funds.
§4-31. Breeding certificates - Duty to furnish - Contents - Form.
§4-32. Refusal to furnish certificate - Penalty.
§4-42.1. Personal injury by dog - Liability of owner.
§4-42.2. Lawful presence on owner's property, what constitutes - Public place, what is.
§4-42.3. Exceptions to application of act - Existing rights and liabilities.
§4-42.4. Owners of dangerous dogs, bite or attacks on public property - Penalty.
§4-45. Certificate of registration for certain dogs required - Exemption - Fee.
§4-47. Confiscation of dangerous dog - Purpose of act - Other remedies.
§4-85.3. Taking up by landowner or lessee - Investigation - Reports.
§4-85.4. Rights and duties of taker-up.
§4-85.5. Duties of peace officer.
§4-85.6. Sale of unclaimed animals.
§4-85.10. Duty to feed and care for estrays.
§4-85.12. Jurisdiction to settle disputes and claims.
§4-85.13. Claim to ownership of exotic livestock under this chapter - Conditions.
§4-98. Restraint of all domestic animals - Damages for trespass.
§4-99. Failure to keep domestic animals enclosed – Penalties.
§4-132. Removal of stock from distraint without leave of possessor - Penalty - Civil liability.
§4-133. Stock "owner" defined.
§4-135. Proceedings after distraint - Assessment of damages - Notices - Sale - Surplus.
§4-141. Fence viewers - Number - Qualifications - Appointment - Compensation.
§4-145. Opening field for use as commons - Notice.
§4-146. Joinder to partition fence - Payment for or rebuilding of half of fence.
§4-147. Recorded fence division - Effect on owners and successors.
§4-148. Application of term "owner".
§4-150. Fence or improvements on land of another - When not removable.
§4-151. Additional powers of fence viewers.
§4-152. Erection and removal of line fence.
§4-153. Legal proceedings or agreement not barred.
§4-154. Lawful fence - Construction - Material - Height - Tightening.
§4-155. Damages by animals breaking fences - Seizure.
§4-156. Lien of judgment for damages on trespassing stock - Execution.
§4-191. Lien for feeding, grazing and herding.
§4-192. Lien for furnishing feed.
§4-193. Lien for keeping, boarding or training animal - Scope.
§4-194.1. Foreclosure of lien upon a domestic animal.
§4-197. Record of certificates - Compensation of register of deeds.
§4-199. Enforcement of lien by replevin.
§4-201. Proceedings governed by general replevin laws.
§4-201.3. Livestock lien - Existence - Validity.
§4-201.5. Commingled livestock - Priority.
§4-201.6. Transfer of lien due to sale.
§4-201.8. Applicability of act.
§4-201.9. Prohibition of waiver, relinquishment, or release of lien.
§4-201.10. Lien expiration - Commencement of action.
§4-201.11. Preference - Owners right to be paid.
§4-269. Destruction of cattle hides or brands a misdemeanor.
§4-270.2. Enforcement of laws pertaining to livestock brands.
§4-341. Livestock shippers - Right to furnish feed.
§4-342. Refusal to permit lessees of pens to furnish feed - Penalties.
§4-392. Application and issuance of license.
§4-393. Expiration and renewal of licenses.
§4-395. Transportation of dogs - Purposes for which used.
§4-396. Return of dogs subsequently claimed - Immunity from liability.
§4-397. Revocation of licenses.
§4-398. Obtaining dogs from other sources.
§4-399. Rules and regulations - Inspections and investigations.
§4-400. Interpretation and construction of law.
§4-499.2. Spaying or neutering as condition for release of certain animals.
§4-499.3. Refund of deposit upon proof of spaying or neutering.
§4-499.4. Rules - Sterilization agreement.
§4-499.5. Extension of time to spay or neuter.
§4-499.6. Death of adopted animal - Refund of deposited funds.
§4-499.7. Disposition of forfeited funds - Record of accounts.
§4-499.9. Construction of act.
§4-499.10. Failure to comply with act.
§4-501. Disposal of animals kept for pleasure - Method.
§4-503. Carbon monoxide - Administration.
§4-504. Carbon monoxide chambers - Equipment required.
§4-506. Municipality not having proper facilities and personnel - Manner of disposal.
§4-507. Violation of act as nuisance - Injunction - Abatement.
§4-512. Seizure of abandoned or neglected animals - Divestment of ownership.
§4-602. Pet overpopulation – Gifts, grants and donations - Programs.
§4-701. Short title - Care and Disposition of Disaster Animals Act.
§4-704. Transfer to animal shelter.
§4-705. Removal from the state - Penalties.
§4-706. Application and construction of act.
§4-801. Public accommodations – Policy to prohibit animals – Service animal exception.