GARRETT COUNTY. 2859

said county, the owner of such land, his agent, tenant or overseer may con
sider them as trespassing and may distrain them by impounding them in
an enclosure; and it shall be the duty of the person making such distress
to deliver, on oath, over his own name and with the date of such distress,
a description in writing of the horses, hogs, sheep or black cattle dis-
trained, with their natural and artificial marks, within five days after
making the distress, .to some justice of the peace who 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 over 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's trespassing as aforesaid.

P. L. L., 1888, Art. 12, sec. 221. 1878, ch. 108.

515. The person making the distress and selling as aforesaid, shall,
before making such sale, give notice of the time and place thereof, by pub-
lic advertisement set up at three or more public places in the neighborhood
where such trespass was made, and setting forth in such advertisement
the certified copy of the justice of the peace, giving the natural and
artificial marks of said horses, hogs, sheep or black cattle.

P. L. L., 1888, Art. 12, sec. 222. 1878, ch. 108.

516. Any person owning, or having a part ownership in said horses,
hogs, sheep or black cattle, may redeem the same at any time before the

sale thereof, by paying the damages aforesaid, and all the costs.

P. L. L., 1888, Art. 12, sec. 223. 1878, ch. 108.

517. Any person making a sale under the provisions of the aforegoing
sections of this sub-title of this article, shall return to a justice of the
peace of the county, a statement showing the number of horses, sheep or
black cattle sold, and the amount sold for, and after deducting the

damages and costs, shall pay over the surplus to 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 treated as
estrays under the public general laws of this State.

P. L. L., 1888, Art. 12, sec. 224. 1878, ch. 108.

518. If any person residing in said county shall claim any right and
ownership to or in any horses, hogs, sheep or black cattle distrained as
aforesaid, he shall, before some justice of the peace of the county, make
oath that the same are bona fide his property, and that he did not acquire

said right to, or ownership therein, for the purpose of defeating or evading
the provisions of the five preceding sections; and on his making such oath
the justice shall certify the same under his hand and seal; and the said
owner, on presenting said certificate to the person having made the distress,
.shall be entitled to have delivered over to him the property so taken.