62 ' ESTRAYS. ' [ART. 36.
ARTICLE XXXVI.

Estrays.

12. Owner of entile distrained, damage feasant, to tender compensation: distrainor may
sell damages to be appraised.

1870, c. 403 adds the following:

1870, c 403	SEC. 12. If any cattle, hogs, horses or sheep, tres- passing upon the enclosures of any person in this state,
Owner of cat- tle distrained, damage feasant to tender com- pensation.	be distrained, damage feasant, the owner of which is known, and the owner or owners thereof do not tender compensation for the damage sustained by such person within five days next after such distress taken, and notice thereof given, with the cause of taking, to the owner or his agent, or left at his residence, in the event of his absence, and having no known agent, then the person so distraining may apply to a justice of the peace of the county, who, upon being satisfied that the notice hereinbefore directed has been given, shall order him to sell the same at public sale on ten days notice, to be set up at three of the most public places in the neighborhood, and if the said justice shall deem it proper, to be inserted in any newspaper pub- lished in such county ; and such distrainor, upon such order, with the sheriff or constable of the county, shall cause the animals distrained to be appraised by two appraisers, to be sworn by such sheriff or constable,
Distrainor may sell.	and may sell the same for the best price that can be gotten towards satisfaction of all charges arising from such distress, appraisement and sale, and also such damages as may have been sustained by such dis-
Damages to be appraised.	trainor to be ascertained by the appraisers of the ani- mals distrained at the time of the appraisement thereof, leaving the overplus, if any, in the hands of the sheriff or constable for the owners use. Approved and in force April 4, 1870.