Page:1862 Territory of Dakota Session Laws.pdf/465

448 the same, and all other costs arising from said examination and restitution, shall be paid by the person taking up and securing such property; but, if said property is valued at more than one hundred dollars, the said justice, after hearing the testimony in the case, shall take the same down in writing, and shall certify, to the clerk of the district court of his proper county, all his proceedings in the case, and a copy of all testimony taken therein, with a bill of costs incurred before him; and the said clerk of the district court, if satisfied that the person so applying, from the testimony given, is entitled to the possession of the said property, shall receive the amount due to the person so taking up and securing the same, and shall forthwith issue a writ of restitution, requiring the sheriff of the county to cause the property to be placed in the possession of the persons so appearing to be entitled to the same; and the said person, so taking up and securing the said property, shall be liable for all costs.

. 5. If said property shall not be applied for previous to the expiration of thirty days from the date of its being taken up, then the person taking up and securing the same shall notify the justice of the peace, before whom he made oath in the first instance, relative to the taking up and securing said property, and it shall be the duty of said justice of the peace to cause three disinterested persons to examine and assess, under oath, the value of said property so taken up, its position and condition, and make report of said examination and assessment to the said justice; and, if the property is assessed at more than ten dollars, the said justice shall forthwith cause a description and valuation of said property to be published in a newspaper of his county, for three successive weeks, and notice given that unless the owner of the said property shall appear and identify the same, and pay the charges incurred thereon, within fifty days, the property will be sold to pay the same; and, if there is no paper printed in his county, the same notice, description, and valuation of said property shall be given, by posting up the same in three public places within his county.

. 6. At the expiration of thirty days from the date of said notice, if the property remains unclaimed and exceeds the value of one hundred dollars, said justice shall certify to the clerk of the district court of his proper county, a copy of all his doings in the case; and on receipt of said certified