1
Resolved, That the committee on Finance be instructed to enquire into the expediency of so
amending the estray laws, as to require the surplus, after paying all reasonable expenses, to be paid into
the county treasury.2
1Richard G. Perry introduced the resolution in the House of Representatives on December 24, 1840, and the House adopted it. The Committee on Finance, which
included Abraham Lincoln, took no action.
Illinois House Journal. 1840. 12th G. A., 155.
2An estray is any domestic animal found wandering, whose ownership is unknown; the
term also applies to water craft found adrift. Settlers only slowly brought the Illinois
prairies stretching through the central third of the state under cultivation, and
the sparse timber made the erection of extensive wooden fences impractical. Farmers
commonly turned livestock loose to graze freely on the prairies in mild weather, thus
requiring rules for how and when loose animals could be claimed and by whom. Open-range
methods of livestock raising were common into the 1850s and in some areas continued
into the 1870s, when the advent of inexpensive, durable barbed wire made possible
the fencing of large tracts of grazing land.
Henry Campbell Black, ed., Black’s Law Dictionary, 6th ed., (St. Paul, MN: West Publishing, 1990), 552; Paul C. Henlein, Cattle Kingdom in the Ohio Valley, 1783-1860 (Lexington: University of Kentucky Press, 1959), 19, 62-64; Allan G. Bogue, From Prairie to Corn Belt (Chicago: University of Chicago Press, 1963), 73-79, 140.
Printed Transcription, 1 page(s), Journal of the House of Representatives, of the Twelfth General Assembly of the State of Illinois, At Their Second Session (Springfield, IL: William Walters, 1840), 155