ART 34] ESTRAYS. 1083

owner of which is not known, trespassing upon the said
enclosed premises, shall immediately, or within a reasonable
time thereafter, cause a notice to be inserted in some news-
paper published in the county where such estray is taken
containing a description of the same and the location of the
enclosure upon which such estray was taken and the name of
the owner or occupant thereof, and cause written or printed
copies of such notice to be set up in not less than three public
places in the neighborhood.

1888, art. 34, sec. 2. 1860, art. 36, sec. 3. 1882, ch. 162.

2. If there be no newspaper published in the county where
such estray shall have been taken up, or if the value thereof
shall not exceed fifteen dollars, the newspaper publication pro-
vided for in the foregoing section may be omitted; provided
written or printed notices be given as required by section 1 and
that the valuation of the estray be ascertained by appraisement
and in good faith by the person taking the same.

Ibid. sec. 3. 1860, art. 36, sec. 4 1796, oh. 18, sec. 2. 1892, 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, including the cost of advertising.

Ibid. 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 satisfied 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.