JAMES THOMAS, ESQUIRE, GOVERNOR.

1834

est the place where such distraint shall be made, and the
justice of the peace to whom such description shall be
delivered on oath or affirmation as aforesaid, shall file the
same among the papers of his office, and the said justice of
the peace shall give a certified copy of the description over
his own signature to the party or parties making the dis-
traint, and it shall be lawful for the person or persons to

CHAP. 165.

proceed to sell the said horses, hogs, sheep or black cattle,
or so many thereof, as as may he necessary to pay the sum
of fifty cents on each and every head of horses, hogs, sheep
or black cattle, for every day trespassing as aforesaid, Pro-
vided, that the person or persons, thus authorised to sell, shall

Sale directed

give six days notice of the time and place of such sale by
a public advertisement set up at three or more public places
in the neighbourhood where such distraint shall be made,
and provided the said advertisement shall set forth the cer
tified copy of the justice of the peace giving the natural
and artificial marks of the said horses, hogs, sheep and black

Notice.

cattle, and Provided further, that any person may redeem
the said horses, hogs, sheep, or black cattle, by paying the
damages as provided in his section, with all costs arising
on the same before the day of sale

Sec 4 And be it enacted That it shall be the duty of all
persons making a sale under the provision of the third sec-
tion of this act, to return to a justice of the peace a state-
ment setting forth the number of horses, hogs, sheep, and
black cattle sold, and the amount sold for, and after deducting

the damages and cost, shall pay over all surplus money
arising from such sale or sales to the said justice of the
peace, to be retained by him for the use of the original
owners of such horses, hogs, sheep and black cattle

Pay over

Sec 5 And be it enacted, That if any horses, hogs sheep
or black cattle, shall remain unsold, they shall be considered
and treated as estrays under the existing laws of this State.

Estrays

Sec 6 And be it enacted. That in all cases where any
person or persons residing in Allegany county, may claim
right and ownership to any horse, hog, sheep, or black
cattle, distrained, such person or persons thus claiming shall
before some justice of the peace, make oath or affirmation
as the case may be, that the said horse, hog, sheep, or black
cattle, is bona fide his property, and that he did not acquire
right thereto for the purpose of defeating the provisions of
this law to prevent trespass, west of Savage river in Alle-
gany county, and on making such oath or affirmation, the
justice of the peace before whom such oath or affirmation is
made, shall certify the same under his hand and seal, and the
owner or owners of any horse, hog, sheep, or black cattle,

Oath of period

carrying