examined the evidence offered by both of the parties, did decide and determine that the said A. B., had been duly elected county judge of county, and the said justices did adjudge and determine that the said C. D. pay all the costs of the said contest, amounting to the dollars, and that execution issue for the same:

sum of

We, therefore, command you, that of the goods and chattels of the said C. D., in your county, you levy the said sum of - dollars, costs,

as aforesaid; and do you make return of what you shall do hereon, with all convenient speed.

Given under the hands and seals of the said justices, the

1

1

CHAPTER

OF ESTRAYS.

66

VII.

Rev. Stat. 227, Sec. 1. Every person who shall take up any estray horse, mare, colt, mule, or ass, after having given not less than ten, nor more than fifteen days' notice, by posting up notices in three of the most public places in the justice's district in which he resides, shall take the same before some justice of the peace of the county where such estray shall be taken up, and make oath before such justice, that the same was taken up at his or her plantation, or place of residence in said county, and that the marks or brands have not been altered since the taking up.

"Sec. 2. The said justice shall then issue his warrant to three disinterested housekeepers in the neighborhood, unless they can otherwise be had, causing them to come before him, to appraise said estray, after they or any two of them being sworn to appraise such estray, without partiality, favor, or affection; which appraisement, together with the marks, brands, stature, color and age of such horse, mare or colt, mule, or ass, shall be entered in a book to be kept by such justice, and certified under his hand, and transmitted to the clerk of the county commissioners' court of such county, within fifteen days after the same is taken up.

66

Sec. 3. Any person who shall take up any head of neat cattle, sheep, hog, or goat, after having given the notice required in section one of this chapter, shall go with some householder before a justice of the peace of the county, and make oath before him, as is required in taking up an estray horse, mare, or colt, mule, or ass, and then such justice shall take from such housekeeper upon oath, a particular description of the marks, brands, color and age of every such neat cattle, sheep, hog, or goat, and said justice shall cause the said estrays

to be appraised in like manner as is required to be done in case of a horse, mare or colt, mule or ass; which description and valuation shall be entered by such justice in a book to be kept by him as aforesaid, and by such justice transmitted to the clerk of the county commissioners' court of the county, to be by him kept as before directed : Provided, That in all cases where the value of such neat cattle, sheep, goat, or hog, does not exceed five dollars, said justice shall not be required to make a return to the clerk as aforesaid; but shall enter in his estray book the description and appraisement value of such sheep, hog, or goat, and advertise the same in three of the most public places in his neighborhood.

"Sec. 4. Every such clerk shall cause a copy of such description and valuation of every neat cattle, sheep, hog, and goat returned to him, to be publicly affixed at the court house door of his county, within five days after the same shall be transmitted to him as aforesaid, for which he shall receive the same fee as for entering the same in a book.

"Sec. 5. If two or more estrays of the same species are taken up by the same person at the same time, they shall be included in one entry and one advertisement, and in such case, such justice and clerk shall receive no more pay than for one of such species.

"Sec. 6. No person shall be allowed hereafter to take up and post any head of neat cattle, sheep, hog, or goat, between the month of April and the first day of November, unless the same may be found in the lawful fence or inclosure of the taker up, having broken in the same; and for a reward of taking up, there shall be paid by the owner, one dollar for every horse, mare or colt, mule or ass; and for every head of neat cattle, fifty cents; and for every hog, sheep, or goat, twenty-five cents, together with all reasonable charges.

"Sec. 7. Proof of the giving of notice, as required in the first and third sections of this chapter, may be made by the oath of the person advertising, or a credible witness, previous to the appraisement.

"Sec. 8. If the owner of any such animals shall prove and take them away before the appraisement thereof, he shall pay to the person who has care of the same, all reasonable charges for taking up and keeping the same.

46

Sec. 9. It shall not be lawful for persons taking up estrays, to use the same previous to advertising them, unless it be to milk cows, and the like, for the benefit and preservation of such animals.

"Sec. 10. It shall be the duty of the clerk of the county commis

sioners' court, when the description and valuation of any estray horse, mare or colt, mule or ass, shall be transmitted to him by the justice, as aforesaid, and in ten days thereafter make out a copy thereof, and transmit the same to the public printer of the State, and endorse thereon, "Estray papers," together with the sum of one dollar, to pay the said printer; which sum the taker up is required to deposit with the clerk prior to the expiration of said ten days. It shall be the duty of the public printer to publish said advertisement, and transmit one copy of each number of his paper to each of the clerks of the county commissioners' court of the several counties of this State, free of charge, which shall be regularly filed by said clerks in their respective offices, for the examination of those who may desire it.

Sec. 11. And if no owner appear and prove his property within one year after such publication, the property shall be vested in the taker up; nevertheless, the former owner may, at any time thereafter, by proving his property, recover the valuation money, upen payment of costs and all reasonable charges.

66

Sec. 12. And if any person shall trade, sell or take away any such estray or estrays out of the State, for any purpose whatever, before the expiration of said one year, he or she so offending, shall be liable to indictment in the circuit court of the proper county, and on conviction thereof, shall be fined in a sum double the value of the property, onehalf to the owner thereof, and the other half to the county treasury; and when the owner of any estray head of neat cattle, sheep, hog or goat, does not prove his property within twelve months after the same has been published at the door of the court house, as aforesaid, and when the valuation does not exceed five dollars, the property shall be vested in the taker up; but when the valuation shall exceed five dollars, and no owner appear within the time aforesaid, the property shall also be vested in the taker up; nevertheless, the former owner may at any time, by proving his property, recover the valuation thereof, upon payment of all reasonable costs and charges; and if the taker up and the owner cannot agree upon the charges, they shall call upon three disinterested householders, whose decision shall be binding on both parties; and it shall not be lawful for any person to take up any estray, (except such as shall be hereinafter excepted,) unless he shall be a freeholder or a housekeeper.

"Sec. 13. Any person finding a stray horse, mare, colt, mule or ass, running at large without any of the settlements of this State, may take up the same, and shall immediately take such estray or estrays be

fore the nearest justice of the peace, and make oath that he has not altered the marks or brands of such estray, since taking up; and if such taker up shall be a freeholder or housekeeper within that county, it may and shall be lawful for him, to post such estray or estrays as herein before directed in this chapter, as if the same had been taken up on his plantation or place of residence; and when the taker up shall not be qualified, as aforesaid, he shall take the oath before required, and deliver such estray or estrays to the said justice, who shall cause the same to be dealt with as directed by this chapter.

"Sec. 14. If no owner appear to prove his property within one year, such estray or estrays shall be sold to the highest bidder, giving public notice of such sale twenty days previous thereto, the purchaser giving a bond and approved security, payable to the county commissioners' court of the county where such estray shall be taken up; and, after paying the taker up all reasonable charges, the balance shall be put into the county treasury by the said justice, who shall take a receipt for the same from the county treasurer; nevertheless, the former owner, at any time within two years after taking up, by proving his property before the clerk of the county commissioners' court of said county, or before the justice of the peace before whom the property was taken up, and obtaining a certificate thereof, from the clerk of said court or justice of the peace, to the treasurer, shall receive the balance aforesaid.

"Sec. 15. And when any justice of the peace shall fail to pay any money for any estray or estrays, to be sold agreeably to this chapter, into the county treasury, within three months after selling such estray or estrays, such justice shall forfeit and pay the sum of twenty dollars with costs, to be recovered by action of debt, before any justice of the peace of the county, or other court having jurisdiction thereof, the one-half for the use of the county, and the other half for the use of any person suing for the same; and moreover, be liable to pay the price of such estray or estrays, with interest thereon. Sec. 16. If any estray or estrays, taken up as aforesaid, shall die or get away before the owner shall claim his or her right, the taker up shall not be liable for the same; and if any person shall take up any estray or estrays, at any other place within the inhabited parts of this State, than his or her plantation or place of residence, or without being qualified as required by this chapter, he shall forfeit and pay the sum of ten dollars with costs, recoverable before any justice of the peace of the county where the offense shall have been committed, and not having property sufficient to pay such fine,

66