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 treasury shall receive the balance aforesaid. "SEC. 5. And when any justice of the peace shall fail to pay any money for any estray or estrays to be sold agreeably to this act, 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. 6. 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 act, he shall forfeit and pay the sum of ten dollars, with costs, recoverable before any justice of the peace of the county where the offence shall have been committed, and not having property sufficient to pay such fine, he shall be liable to be confined one month in the jail of the county where he may be found, being found guilty of such offence according to law; and any person taking up any estray or estrays out of the limits of the settlements of this state, and failing to comply with the requisitions of this act, shall be liable to the same penalties; and if any person, taking up any estray or estrays, of any species, fails to comply with the requisitions of this act, he shall, for every such offence, forfeit and pay to the informer, the sum of ten dollars, with costs, recoverable before any justice of the county where such offence shall be committed; one half to the use of the county, and the other half to the use of the person suing for the same. "SEC. 7. That if any person or persons shall hereafter stop, or take up any keel or flat boat, ferry flat, batteau, perogue, canoe, or other vessel or water craft, or raft of timber, or plank, found adrift on any water course within the limits, or upon the borders of this state, and the same shall be of the value of five dollars or upwards, it shall be the duty of such person, or persons, within five days thereafter, (provided the same shall not before that time be proven and restored to the owner,) to go before some justice of the peace of the proper county, and make affidavit in writing, setting forth the exact description of such vessel or craft, when and where the same was found, whether any, and if so, what cargo was found on board, and that the same has not been altered or defaced, either in whole or in part, since the taking up, either by him, her or them, or by any other person or persons, to his, her or their knowledge; and the said justice shall thereupon issue his warrant, directed to some constable of his county, commanding him forthwith, to summon three respectable householders of the neighborhood, if they cannot otherwise be had, whose duty it shall be, after being sworn by said justice, to proceed without delay, to examine and appraise such boat or vessel, and cargo, if any, and make report thereof, under their hands and seals, to the justice issuing such warrant, who shall enter such appraisement, together with the affidavit of the taker up, at large in his estray book; and it shall be the further duty of said justice, within ten days after the said proceedings shall have been entered in his estray book as aforesaid, to transmit a certified copy thereof to the clerk of the county commissioners' court of his county, to be by him recorded in his estray book, and filed in his office. "SEC. 8. In all cases where the appraisement of such boat or water craft, including her cargo, shall not exceed the sum of twenty dollars, the taker up shall advertise the same on the door of the court house, and in three of the most public places in the county, within ten days after the justice's said certificate shall have been entered on the records of the county commissioners' court, and if no person shall appear to prove and claim such boat or water craft, within six months from the time of taking up as aforesaid, the property in the same shall vest in the taker up; but if the value thereof shall exceed the sum of twenty dollars, it shall be the duty of the clerk of the county commissioners' court, within twenty days from the time of the reception of the justice's said certificate at his office, to cause an advertisement to be set up on the door of the court house, and also a notice thereof to be sent to the public printer as aforesaid, who shall publish the same as aforesaid; and if the said vessel be not claimed and proven within six months from said advertisement, the same shall be vested in the taker up; nevertheless, the former owner may, at any time thereafter, recover the valuation money by proving his property, allowing to the taker up a reasonable compensation for his trouble, and costs and charges. "SEC. 9. In all cases where services shall be performed by any officer or other person or persons under this act, the following fees or compensation shall be allowed, to wit: To the justice of the peace for administering oath to the taker up or finder, making an entry thereof, with the report of the appraisers, and making and transmitting a certificate thereof to the clerk of the county commissioners' court, fifty cents; to the clerk or justice for taking proof of the ownership of, and granting a certificate of the same, twenty-five cents; for registering each certificate transmitted to him by any justice as aforesaid, twelve and a half cents; for advertisements, including the newspaper publications, fifty cents in addition to the cost of such publication; to the constable for each warrant so served on appraisers, twenty-five cents; and to each appraiser the sum of twenty-five cents; which said fees shall be paid by the taker up to the person entitled thereto, whenever said services shall be rendered. All which costs and charges shall be reimbursed to the taker up or finder, in all cases where restitution of the property shall be made to the owner, in addition to the reward to which such person may be entitled for taking up as aforesaid. "SEC. 10. 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, on conviction thereof, forfeit and pay for every such offence, not less than five nor more than one hundred dollars, to be sued for in the name of the proper county, before any justice of the peace or other court having cognizance thereof." Gale's Stat., 282. By sec. 1 of an act passed March 4th, 1843, it is enacted "That it shall not be lawful for any person or persons to use any estray horse, mare, mule, or ass, unless the same shall have been first advertised as required by the provisions of this act. "SEC. 2. That hereafter it shall be the duty of any person taking up any estray animal or lost goods, within five days after the same is so taken up, to post up written notices describing the property in three of the most public places in the neighborhood where the taker up resides, for at least twenty days before having the same appraised, according to the provisions of the act to which this is an amendment. So much of the act of which this is an amendment as makes it the duty of the taker up to have the property appraised within ten days is here repealed; Provided, always, that when any property so taken up, or found, as the case may be, and shall be proven away before the expiration of twenty days, then and in that case the claimant of such property shall pay to the taker up, or finder, as the case may be, all reasonable charges for taking up and keeping the same. This act to be in force from and after its passage." Sess. Laws, 139. By sec. 1 of an act passed March 6th, 1843, it is enacted "That hereafter it shall be the duty of the taker up of any estray horse, mare, colt, mule, or ass, or other estray animal, previous to having the same appraised, to give not less than ten nor more than fifteen days notice, by posting up written or printed advertisements, if a horse, mare, colt, mule, or ass, in three of the most public places in the justice's district in which the taker up shall reside, and for all other animals, by posting up such advertisements in three of the most public places in the neighborhood in which the taker up shall reside, particularly describing said estrays in the manner required by the act to which this is an amendment; and it shall be the duty of the taker up, previous to such appraisement, to prove the posting up of such advertisements agreeably to the provisions of this act, before the justice before whom such appraisement shall be made, by his own oath, or that of a credible witness." Sess. Laws, 140. Form of advertisement of an estray. NOTICE OF AN ESTRAY. Taken up as an estray by the subscriber, at his place of residence (or" plantation") in Mission precinct, in La Salle county, on the day of 18 a sorrel mare, four years old, or thereabouts, fifteen hands high, having a star in her forehead and branded with the letters S. R. on the left shoulder; which I intend to have appraised according to the statutes in such case made and provided. Dated, the day A. B. Oath of the person taking up an estray, and proof of posting ad La Salle county ss. vertisements. day of Mission precinct, S ss. A. B., of said Mission precinct, being duly sworn, deposes and says, that he is a freeholder (or "housekeeper") of said county, that on the 18 at his place of residence (or "plantation") in the said county, he took up as an estray, a sorrel mare, particularly described in the advertisement of which the following is a copy, viz: (Here insert a copy of the advertisement :) that, on the day of 18 he posted up copies of the said advertisement in three of the most public places in said precinct, (or, if neat cattle, &c., then say "his neighborhood;") that the marks or brands of the said mare have not been altered since the taking up. Subscribed and sworn before me, this A. B. Form of advertisement when an estray is taken up without any of the settlements, &c. NOTICE OF AN ESTRAY. day of Taken up as an estray by the subscriber, of the county of La Salle, on the 18 in the said county, a bay horse, six years old, or thereabouts, fourteen hands high, having white hind feet, branded with the letters L. M. on the right shoulder, running at large without any of the settlements of this state; which I intend to have appraised according to the statute in such case made and provided. Dated, the day of 18 A. B. Oath of taking up an estray, and proof of posting the above advertisement. La Salle county, Mission precinct, ss. A. B., of said county, being duly sworn, deposes and says, that he is a housekeeper, (or "freeholder") (if the taker up is not a housekeeper or freeholder, then omit the words in italics;) that on the day of 18 in the said county, he took up as an estray, a bay horse, particularly described in an advertisement of which the following is a copy, viz: that, on the (Here insert the advertisement :) 18 he posted up copies of the said advertisement, in three of the most public places in said precinct; and that the marks or brands of the said horse have not been altered since the taking up. Subscribed and sworn before me, the day of 18 Ebenezer Neff, Justice of the peace. Form of appointment of appraisers. A. B. To E. F., G. H., and I. J., three housekeepers in the neighborhood of A. B., in Mission precinct, La Salle county: Whereas, A. B. has made application before me, the subscriber, one of the justices of the peace in and for La Salle county, for the appointment of three disinterested housekeepers in the neighborhood, to appraise a sorrel mare taken up by him as an estray at his place of residence (or "plantation") |