Page:1862 Territory of Dakota Session Laws.pdf/314

CHAP. XXXV.] or otherwise, and paying for the advertisement and a reasonable compensation for the necessary expense incurred by the person taking it up.

. 5. When an estray has not been reclaimed within nine months from the time it was advertised, if it be a sheep, swine, or calf, under the age of one year, it shall be the property of the person taking it up. When the animal is a horse, mule, bull, steer, or cow, the person taking it up shall notify a justice of the peace residing within the county, who shall appoint two persons to appraise the animal at what they consider its cash value; a day of sale shall be fixed, and notice of such sale shall be advertised for ten successive weeks, in any newspaper published in the county. If there be no newspaper in the county, then the notice of sale shall be posted in at least three conspicuous places within the county, for at least three weeks before the sale. And on the day appointed, the animals shall be sold to the highest and best bidder.

. 6. The place of sale shall be at the county seat.

. 7. When any estray is sold, it must bring at least two thirds of the appraised value. In case it does not, the animal shall be re-appraised, and again offered for sale one week from the day appointed for the first sale, without advertisement

. 8. If, upon examination of said sale, the said animal will not bring enough to defray the entire expense, the taker up of said animal may, on payment of the same, be the owner thereof.

. 9. After all expenses have been paid, the balance, if any, shall be paid into the school fund.

. 10. The appraisers of estrays shall estimate the value of the labor, trouble, and expense of the person in taking up and keeping an estray, taking into consideration the services rendered by the animals.

. 11. The appraisers of estrays shall receive fifty cents each for each appraisement; but when more than one animal is taken up at the same time, by one man, they shall all be appraised at once, and the appraisers shall be entitled to compensation for but one appraisement. The justice of the peace shall receive for his services fifty cents.

. 12. Should any animal, taken up as an estray, die