AET. 34] ESTRAYS. 957

1904, art. 34, sec. 3. 1888, art. 34, sec. 3. 1860, art. 36, sec. 4. 1796, ch. 18, sec. 2.1S92, ch. 593.

3. If the owner of an estray demands it and shall prove by one
credible witness examined before a justice of the peace of the county
his title thereto, the same shall be delivered to him upon his paying the
expenses incurred by the person taking up and keeping the same, includ-
ing the cost of advertising.

Ibid. sec. 4. 1888, art. 34, sec. 4. 1860, art. 36, sec. 5. 1769, ch. 18, sec. 2.

1892, ch. 593.

4. If no person claims an estray within thirty days after the same
shall be so advertised as aforesaid, then the person taking up the same
shall apply to a justice of the peace of the county, who upon being satis-
fied that the notices heretofore directed have been given, shall order
him to sell the same at public auction on ten days' notice to be set
up at three of the most public places of the neighborhood, and after
deducting from the proceeds of sale all expenses incident to taking up,
keeping, advertising and selling the same, the residue shall be retained
by the person selling the same, unless the owner of such estray shall
within twelve months from time of sale claim such residue and prove
before some justice of the peace that he is entitled thereto.

Ibid. sec. 5. 1888, art. 34, sec. 5. 1860, art. 36, sec. 6. 1769, ch. 18, sec. 3.

1892, ch. 593.

5. If any person shall take up an estray and shall fail to comply
with the provisions of the preceding sections he shall forfeit and pay
ten dollars as well as his interest in said estray...

Ibid. sec. 6. 1888, art. 34, sec. 6. 1860, art. 36, sec. 7. 1832, ch. 157, sec. 1.
1874, ch. 315. 1892, ch. 593.

6. If the owner or occupant of any enclosure who may find any
horse, sheep, hog, cow or other domestic animal trespassing upon the
said enclosed premises, the owner of which is known, he may impound
the same and have the damages valued on oath by two disinterested citi-
zens of the county, and after so doing shall give notice to the owner
thereof of his having impounded the same and the amount of damages
ascertained, and unless the said damages and a reasonable compensa-
tion for feeding the property impounded are paid or tendered him, may
after giving ten days' notice, exclusive of the days of sale and the day
of impounding, describing the property and stating the time and place
of sale to be posted at three or more public places in the neighborhood,
sell the same at public auction to the highest bidder for cash, and after
deducting from the proceeds of 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
thereof.

Ibid. sec. 7. 1890, ch. 252. 1892, ch. 593, sec. 8 A.
7. The word enclosure in the preceding section shall be construed
to mean a common law enclosure and not an actual enclosure.