FRANK BROWN, ESQUIRE, GOVERNOR.

791

3. That if the owner of an estray demands it and shall

prove by one creditable witness examined before a justice

Proof of

of the peace of the county his title thereto, the same shall

owner-
ship.

be delivered to him upon his paying the expenses incurred

by the person taking up and keeping the same including the

cost of advertising.

4. That if no person claims an estray within thirty days

after the same shall be so advertised as aforesaid, then the

Sale of
estrays.

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 inci-

dent 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.

5. That if any person shall take up an estrav and shall

fail to comply with the provisions of the preceding sections

fallure to
give notice.

he shall forfeit and pay ten dollars as well as his interest in

said estray.

6. That if the owner or occupant of any enclosure, who

may find any horse, sheep, hog, cow or other domestic animal

Impound-
ig estrays.

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 citizens 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 compensation 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 neigh-

borhood, sell the same by 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.

7. The word enclosure in the preceding section shall be

Enclosure

construed to mean a common law enclosure and not an actual

defined.

enclosure.