Page:1862 Territory of Dakota Session Laws.pdf/464

CHAP. LXXX.] value of ten dollars, the taker up shall forthwith go before the justice of the peace nearest to the place, and in the precinct where such property shall have been secured, and make oath, that the property was wrecked or lost, and found adrift, without the consent of the owner, as he believes, and was in a perishable condition, and that he was not directly or indirectly instrumental in causing the property to be so wrecked, lost, set adrift, or placed in a perishable condition; and shall further state, under oath, a description and the quantity and quality of such property, and the time it was taken up and secured, and that he has not secreted or disposed of, directly or indirectly, any part thereof; and shall forthwith put up notices in three public places near the place, and in the county in which said property was so taken up and secured, describing said property, and the time it was taken up, and notifying the owner thereof to prove property, pay charges, and take the same away.

. 3. If the owners shall apply for and identify said property by proof, under oath, certified by any person authorized to administer the same, within thirty days from the day on which the same was taken up, and shall pay to the person so taking up and securing the same, the sum of five dollars for taking up and fifty cents per day for keeping said property, for each day that has expired between the day the said property was taken up and that on which the said owner shall have applied for and identified the same, he shall be permitted to take the same away; and, if the person so taking up said property shall refuse to deliver the same to the owner thereof, or his agent, after being tendered the amount above described, the said owner may apply to the nearest justice of the peace of the county in which said property was so secured, and before him prove his right of possession to the same; whereupon the said justice of the peace, if the property is not valued at more than one hundred dollars, shall receive the sum due for taking up and keeping said property, and shall forth with issue a writ of restitution directed to the sheriff or constable of his county.

. 4. Said sheriff or constable shall thereupon proceed to take said property and deliver the same into the possession of the person legally entitled to the same; and the fees of said justice, as well as [of] the witnesses and officers executing