274 ESTRAYS AND VESSELS ADRIFT. [ART. 36.

advertising and selling such estray, the residue shall be retained
by the person selling the same, unless the owner of such estray
shall, within twelve months from the time of sale, claim such
residue, and prove before some justice of the peace that he is
entitled thereto.

6. If any person shall take up an estray of the value of ten
dollars, and shall fail to comply with the provisions of the pre-
ceding sections, he shall forfeit and pay ten dollars, and also
forfeit his interest in such estray to any one who will sue for the
same.

7. Any person aggrieved by the trespass upon his enclosures
of any cattle, hogs or sheep, in the possession or care of any
person without this State, may impound the same, and have the
damages sustained by the trespass valued on oath by two dis-
interested citizens of his county; and unless the damages and a
reasonable compensation for feeding the property impounded are
paid or tendered to him, may, at the expiration of ten days
(exclusive of the day he impounds the same, and the day of sale,)
proceed to make sale thereof at public auction, to the highest
bidder for cash, and after deducting from, the proceeds of such
sale the amount of damages valued to him, and a reasonable
compensation for keeping the said property while impounded, he
shall pay over the residue when demanded, to the owner of the
said property or his agent.

8. The person impounding, before making such sale, shall
advertise not less than eight days before the sale, at three of the
most public places of his neighborhood, a description of the pro-
perty impounded, and the time and place of sale—and shall therein
warn the owner to come forward and pay the damages and com-
pensation for keeping the same, and take his property.

9. When any person shall discover, take up and secure any
flat boat or other vessel driven from any place of mooring, land-
ing, harbor or river, or from any other vessel, he shall, within
ten days thereafter, give notice thereof to some justice of the
peace for the county where such flat boat or other vessel is taken
up and secured, and the justice shall deliver to the party giving
such notice an advertisement, describing in the best manner the
build and marks of such flat boat or vessel and the name, of such
person and place of his abode, copies of which advertisement
the said party shall, within ten days after the date thereof, cause