ART. 67.] AND OTHER DOMESTIC ANIMALS.

such cases the said persons shall cause copies of the certificate of
the justice of the peace to be set up at three of the most public places
in the neighborhood where found.

709

4. 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 on his paying
the expenses incurred by the person taking up such estray and keep-
ing the same, including the costs of advertising.

Art 36, s 4
1769, c 18, s 2
How owner
may prove, and
when delivered
to owner

R. If no person claims an estray within three months after the
same shall have been advertised as aforesaid, then the person taking
up the same shall apply to a justice of the peace of the county, who
shall, upon being satisfied that the notices hereinbefore directed
have been given, order him to sell the same at public sale on ten
days' notice, to be set up at three of the most public places of the

Id s 5
1789 c 18, s 2
When to be
sold

neighborhood, and after deducting from the proceeds of sale, all
expenses incident to taking up, keeping, 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.

How proceeds
disposed of.

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

Id s 6
1769, c 18, s 3.
Penalty for
neglecting to
advertise.

7. Any person aggrieved by the trespass upon his inclosure of
any cattle, hog, goat or sheep, may impound the same, and have
the damages sustained by the trespass, valued on oath by two disin-
terested citizens of the county; and unless the damages and reason-
able compensation for feeding the property impounded are paid or
tendered to him, may, at the expiration of ten days (exclusive of
the days he impounded the same and the day of sale), proceed to
make sale thereof at public auction to the highest bidder for cash ;

1874, c 315
Damages where
person ag-
grieved by
trespass of
cattlc.

and after deducting from the proceeds of such sale the amount of
damages valued to him, and a reasonable compensation for keeping
said property while impounded, he shall pay over the residue, when

Proceeding if
damages, etc ,
not paid

demanded, to the owner of the said property or his agent. The pro-
visions of this section shall not apply to Caroline, Wicomico, Gar-
rett, Montgomery, and Prince George's counties.

1874, c 318
To what coun-
ties not to apply

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

Art 36, s 8
1832, c 157,s 2
Person im-
pounding to
advertise de-
scription of
property, etc

9. If any cattle, horses or sheep, trespassing upon the inclosures
of any person in this State, 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

1870, c 408
Proceeding
where cattle
distrained,
damage feasant,
the owner of
which is known