330

LAWS OF MARYLAND.

taken up by a Constable, he shall give notice
of said impounding by advertisement in at
least two public places by either written or
printed notice posted within that part of said
district specified in this act, describing the
stock so impounded, and he shall proceed to
sell said stock at public auction, for cash, after
giving ten days' notice from the time of taking
up of said stock; provided, the owner shall
have the return of said stock on paying all of
the expenses of keeping said stock and all
other costs, including fifty cents for taking up
each of said stock.

SEC. 3. And be it enacted, That if any per-
son shall take up any stock, such person shall
impound the same and shall at once notify
the Constable, who shall immediately pro-
ceed to give the notice and make the sale in

Give notice.

the same manner as provided in the second
section of this act; and the owner of said
stock shall have the return thereof, on the
said conditions as provided in that section;
and for making a sale under this section the
Constable shall be allowed the same commis-
sions now allowed by law for the sale of per-
sonal property under execution; this provision
for commissions not to apply to sale of stock
taken up by the Constable himself.

SEC. 4. And be it enacted, That the said Con-
stable thus authorized to make sale of such
stock, if not returned to the owner as afore-
said, shall, out of the moneys arising from
such sale, first pay the person or persons tak-
ing up the stock, and the costs, charges and

Manner of
proceeding.

expenses incurred, and damages sustained by
the person or persons upon whose land said
stock was trespassing; said damages to be as-
certained upon the oath of two disinterested
sworn appraisers, and the balance, if any, to
the owner or owners of such stock; and should
no one claim said balance as owner, within
sixty days of said sale, the Constable shall