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cents; for every boat or flat, one dollar, and 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, 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 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
Charges for keeping.
HOW to be paid.
When no owner appears within one year, how to proceed.
Former O Wner making proof, etc., to get an order on township treaSury.
Persons taking up horses, etC., without the Settlement, how to proceed.
If not a freeholder, to give security, etc.
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: Mevertheless, The former owner may at any time thereafter, by proving his or her property be: fore any two justices of the township where such estray or estrays was taken up, and obtain. ing a certificate from said justices on the town. ship treasurer for the sum so paid as aforesaid.
Sec. 6. And be if further enacted, That any person finding any estray horse, mare, gelding, 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 es: tray 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 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 hereinbefore 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 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
Refusing to deliver the estray, etc., to the Owner.
Penalty on persons trading, selling Or taking away estrayS.
or neglect to deliver to any person claiming such 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.
Sec. 8. And be it for//e, enacted, That if any 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 hereinbefore 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.
Sec. 9. And be it further enacted, That all one
acts or parts of acts, that come within the pur-
February 7th, 1804.