JOHN LEE CARROLL, ESQUIRE, GOVERNOR, 59
shall reside nearest to the place where the distress
has been made, and the justice shall file the same
among the papers of his office and give a copy thereof
under his own signature to the person making the
distress, and such person may sell the said horses,
hogs, sheep, or black cattle, or so many thereof as
may be necessary to pay the sum of two dollars on
each and every head, for each day trespassing as
aforesaid.
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Penalty.
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SEC. 3. And be it enacted, That the person making
the distress and selling as aforesaid, shall, before
making such sale, give notice of the time and place
thereof, by public advertisement set up at three or
more public places in the neighborhood where such
distress was made, and setting forth in such advertise-
ment the certified copy of the justice of th9 peace,
giving the natural and artificial marks of said horses,
hogs, sheep, or black cattle.
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Give notice of
time & place
of sale.
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SEC. 4. And be it enacted, That any person may
redeem said horses, hogs, sheep or horned cattle, by
paying the damages aforesaid, and all costs arising
on the same, before the sale thereof.
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May redeem.
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SEC. 5. And be it enacted, That any person making
a sale under the provisions of this act, shall return
to a justice of the peace of the county, a statement
setting forth the number of horses, hogs, sheep, and
black cattle, sold, and the amount sold for, and after
deducting the damages and costs, shall pay over the
surplus to the said justice to be retained by him for
the use of the original owner of such horses, hogs,
sheep and black cattle, and if any remain unsold they
shall be considered and treated as estrays under the
laws of this State.
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Make return.
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SEC. 6. And be it enacted, That if any person re-
siding in Garrett county, shall claim any right and
ownership to any horses, hogs, sheep or black cattle,
destrained as aforesaid, he shall, before some justice
of the peace of the county, make oath that the same
is bona fide his property, and that he did not acquire
right thereto for the purpose of defeating the afore-
going provisions of this article, and on making such
oath the justice shall certify the same under his hand
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Right to prop-
erty.
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