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keeping.

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 reasonable 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 proceed 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 keeping, 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 gelding so taken up, such use shall go towards the keeping of the same.

Sec. 5. And be it further enacted, That if no owner shall appear and prove his or her property, within one year after any estray or 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

paid.

when no pears within

owner ap

one year,

how to pro

ceed.

er making

get an order

on township

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 before 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 taking up

without the

how to proceed.

If not a freeholder, to give secur

ity, etc.

If security is estray to be the justices,

not given,

delivered to

etc.

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 before directed, but in case approved security is not tendered as aforesaid, then and in that case, he or they shall take the oath as before directed 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 constable 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, together with the expenses of posting and advertising such estray or estrays, then such constable shall, within twenty days, pay the balance into the township treasury.

Sec. 7. And be it further enacted, That if any estray or water-craft, taken up as aforesaid, shall die or get away before the owner shall claim his or her right, the taker up shall not be 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

to proceed.

when any
or water-
away, taker

estrays die

crafts get

up not liable

except for

neglect.

Refusing to deliver the

to the owner.

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

Penalty.

Penalty on persons trad

taking away estrays.

Sec. 8. And be it further enacted, 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.

clause.

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be it further enacted, That all Repealing acts or parts of acts, that come within the purview of this act, are hereby repealed; and that this law shall take effect and be in force, from Commenceand after the first day of March next.

ELIAS LANGHAM,

Speaker of the house of representatives.

DANIEL SYMMES,

Speaker pro tem. of the senate.

ment.

February 7th, 1804.

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