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householders, who shall be sworn by him, fairly to appraise the property distrained. They must thereupon make and certify the appraisement.

§ 1449. The officer must, thereupon, give six days public notice of the sale of the property distrained, by affixing it on a conspicuous part of the wharf for which the wharfage was due, and also in two public places in the town or ward. On the day and at the place appointed, he must sell the property by public auction, and apply the proceeds to the satisfaction of the wharfage due, and costs, and pay the surplus, if any, to the owner of the property.

CHAPTER V.

LIEN ON THINGS DOING DAMAGE UPON REAL PROPERTY.

SECTION 1450. Lien on things doing damage may be enforced by distress.

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1452. Fence viewers to receive notice in twenty-four hours.

1453. Fence viewers to appraise damage.

1454. Beasts distrained to be impounded.

1455. Disposition of beasts when impounded.

1456. Damage and fees to be paid when released.

1457. Other property, and if there be no pound, beasts, when distrained, to be kept by the distrainer.

1458. Notice and sale of property distrained.

1459. When notice to be in a newspaper.

1460.

Notice to be served on the owner if known.

1461. If damage be not paid, sale by an officer.

1462. Manner of sale as on execution, and disposition of proceeds. 1463. Security may be required before surplus ordered paid to the claimant ·

§ 1450. A person, having an interest in real property, or entitled to its use or produce, who may find beasts, or inanimate things, unlawfully thereon doing damage, unless they are at the time in the immediate use or

manual possession of another, has a lien upon them for such damage, which he may enforce by distress.

§ 1451. A distress is the taking of personal property into the custody of a party by his own act, without legal process, for the enforcement of a lien.

§ 1452. When a distress is made, the distrainer must keep the property safely, until the appraisement of his damage, and, within twenty-four hours after the distress, unless it was made on a Saturday, and then before the Tuesday morning thereafter, he must apply to two fence viewers of the town to make the appraisement.

See 2 R. S. 517, § 1-25.

§ 1453. The fence viewers must immediately repair to the place, view the damage, and thereupon ascertain and certify the amount thereof, with their fees. They must also determine any dispute which may arise, respecting the sufficiency of a fence around the property, where the damage was done, and may take the testimony of witnesses, and for that purpose may administer oaths.

§ 1454. When the distress is of beasts, and the damage and fees are not paid, the distrainer, within twenty-four hours after the appraisement must cause the beasts distrained to be put into the nearest pound in the city or town, if there be one, there to remain till the payment of the damages and fees, or the sale of the

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beasts as prescribed in section 1462, or until the beasts are legally reclaimed. He must also deliver the certificate of the fence viewers to the pound master.

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§ 1455. The pound master must receive, and keep in the pound, the beasts so delivered, and, unless the same be reclaimed or discharged according to law within six days, sell them, or so many of them as may be necessary, by auction, giving forty-eight hours notice thereof, by advertisement posted at the pound and at the nearest public place. While the beasts remain in the pound their owner may feed them without disturbFrom the proceeds of the sale the pound master, after deducting the amount of his fees and charges for keeping the beasts, and the charges of sale, must pay to the distrainer the damages so certified, with the fees of the fence viewers, and the surplus, if any, to the owner of the beasts. If no owner appear to claim the surplus, within a year after the sale, it must be paid to the overseers of the poor of the city or town, for the use of the poor.

§ 1456. A pound master, with whom beasts are impounded, must discharge them, on being paid:

1. The amount of damage certified by the fence viewers:

2. The fees of the fence viewers:

3. The fees of the pound master, with his reasonable

charges for feeding the beasts, if fed by him, not ex.

ceeding six cents for each beast every twenty-four hours, and

4. In the city of New-York fifty cents a day each, for every day they remain in the pound.

§ 1457. When distress is made of inanimate things doing damage, or, when distress is made of beasts and there is no pound in the city or town, the distrainer must keep the things or beasts in a safe and convenient place, until the damage is appraised, and they are sold or otherwise disposed of.

§ 1458. In the cases provided for in the last section, the distrainer must affix a notice in three public places of the town six days before the sale, as follows:

1. Specifying the property distrained, and the amount of damage certified:

2. Requiring the owner of the property to redeem, and remove, it before the day appointed for the sale:

3. Stating that the property will be sold at a specified time and place, to pay the damage and the charges of the proceedings.

§ 1459. If the value of the property distrained, as certified by the appraisers, exceed fifty dollars, the distrainer must also publish a similar notice, in the nearest newspaper, once a week for four weeks, but in such

case, the time of sale must be at least thirty days from the first publication of the notice.

1460. If the owner of the property be known to the distrainer, or if any person be known to him as claiming an interest therein, and such owner or person be found or reside within the county, the distrainer must also serve a copy of the notice, at least six days before the sale, either personally on such owner or person, or in case of his absence from his last place of residence, by leaving the same at such residence with a person of suitable age and discretion: or if the owner or claimant reside out of the county and his residence be known, and he be not served personally, by sending a copy of the notice by mail properly enveloped to his addresss.

§ 1461. If the property be not removed, and the damage so certified, with the fees of the appraisers and the expense of the notice, be not paid at the time appointed for the sale, the distrainer must apply to the sheriff of the county or a constable of the town, to sell the property, and for that purpose must deliver to the officer the original certificate of the appraisers, and an affidavit, showing his compliance with the provisions of this chapter.

§ 1462. The officer must thereupon sell the property, in the same manner as on execution against personal property in civil actions, and out of the proceeds of the

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