1

keeping.

paid.

cents; for every boat or flat, one dollar, and for Charges for
every other smaller craft, fifty cents, together
with the fees paid by the taker up, and reason-
able charges for keeping said estray or estrays,
to be assessed by two disinterested persons
upon oath or affirmation, appointed by a justice
of the peace of the township, and they shall pro-
ceed to make the assessment and return the
same to said justice in writing, under their
hands, and on failure of the claimant to satisfy
such fees and charges, within thirty days, the
estray or estrays shall be, by the constable, How to be
after giving ten days notice, sold to the highest
bidder, to satisfy such fees and charges of keep-
ing, and the constable, after paying such fees
and charges, and deducting one dollar for his
fees of sale, shall pay the remainder to the
claimant: Provided always, That if the taker up Proviso.
shall use or suffer to be used, any horse, mare
or yelding so taken up, such use shall go
towards the keeping of the same.

Sec. 5. And be it further enacted, That if When no
no owner shall appear and prove his or her pears within
property, within one year after any estray or how to pro-
estrays shall have been taken up, and when the
valuation does not exceed five dollars, the right
to such estray or estrays shall be vested in the
taker up, but when the valuation shall exceed
five dollars, and no owner appears within the

ceed.

1

er making

treasury.

time aforesaid, the constable of the township, after giving ten days notice, shall sell the said estray or estrays to the highest bidder, at the most public place in the the township where such estray or estrays are posted, and the money arising from the sale thereof, after paying the fees that have accrued and charges for keeping the same, which expenses shall be assessed in manner and form as directed by this

act, shall be paid into the township treasury: Former own. Nevertheless, The former owner may at any time proof, etc., to thereafter, by proving his or her property beon township fore any two justices of the township where

such estray or estrays was taken up, and obtaining a certificate from said justices on the township treasurer for the sum so paid as aforesaid.

Sec. 6. And be it further enacted, That any horses, etc., person finding any estray horse, mare, gelding, settlement, colt, mule or ass, running at large without any

settlement of this state, he or they may take up the same, and shall immediately take such estray or estrays before the nearest justice of the peace, where such estray or estrays was found running, and make oath where and at what distance from such justice said estray or estrays was taken up, after which he shall advertise the same, but if not a freeholder, he shall produce to

Persons tak

how to pro-
ceed.

Il not a freeholder, to give security, etc.

133

etc.

to proceed.

the justice aforesaid, approved security for the
safe keeping of such estray or estrays, and in
either case he or they shall advertise and post
the same, in the manner and form as herein be-
fore directed, but in case approved security is it security is
not tendered as aforesaid, then and in that case, estray to be
he or they shall take the oath as before directed the justices,
and deliver up such estray or estrays to the said
justice, who shall cause the same to be dealt
with as before directed by this act, and if no
owner appears in one year, such justice shall Justice, how
deliver such estray or estrays unto the con-
stable of the township, to be disposed of in the
manner before directed; and after paying the
taker up all reasonable charges and deducting
the expenses of keeping, if any have accrued, to-
gether with the expenses of posting and adver-
tising such estray or estrays, then such con-
stable shall, within twenty days, pay the balance
into the township treasury.

Sec. 7. And be it further enacted, That if any When any
estray or water-craft, taken up as aforesaid, of water."
shall die or get away before the owner shall away, taker
claim his or her right, the taker up shall not be except for
answerable for the same, unless it be proved
that such estray or water-craft died or got away
through the neglect or inattention of the taker
up, then and in case any taker up shall refuse

neglect.

Refusing to
deliver the

to the own-
er.

Penalty.

Penalty on

taking away
estrays.

or neglect to deliver to any person claiming such estray, etc. estray or water-craft, upon the claimant's prov

ing his or her right to the same, and offering payment of all fees and charges to the taker up, (provided such claim be made within one year after said estray or water-craft had been taken up) every such person shall forfeit and pay double the appraised value of such estray or water-craft, with costs, to the claimant, to be recovered by an action of debt, in any court where the same may be cognizable.

Sec. 8. And be it further enacter, That if any ing, selling or person shall trade, sell or take away any such

estray or water-craft out of the county, more than two days at any one time, before he is vested with the right of property, agreeably to this act, he or she so offending, shall forfeit and pay double the value thereof, and that if any person shall act contrary to the duties enjoined by this act, for which no penalty is herein before pointed out, the person so offending shall forfeit and pay for every such offense, not more than fifty dollars nor less than two dollars, with costs, to be recovered by an action of debt, by any person suing for the same, in any court of record within this state, the one-half to the informer, the other half to the county, and moreover be liable to the action of the party injured.

i

135

clause.

Sec. 9. And be it further enacted, That all Repealing
acts or parts of acts, that come within the pur-
view of this act, are hereby repealed; and that
this law shall take effect and be in force, from Commence-
and after the first day of March next.

ment.

ELIAS LANGHAM,
Speaker of the house of representatives.

DANIEL SYMMES,

Speaker pro tem. of the senate.
February 7th, 1804.