Page:1862 Territory of Dakota Session Laws.pdf/466

CHAP. LXXX.] copy of the proceedings, the clerk of the district court shall direct the sheriff, under the seal of the court, to sell said property at public sale, to the highest bidder, for cash, whereupon the sheriff shall give such notice of the time and place of said sale, not less than ten days, as will make the sale five days subsequent to the expiration of the fifty days' notice given by the justice of the peace.

. 7. The sheriff shall pay the amount received for said property to the clerk of the district court, who shall pay all costs which have accrued in the taking up, assessing, advertising, or otherwise allowing the same fees, as are allowed in all other civil cases for the same duties; and allowing the person taking up and securing said property to select between receiving five dollars for taking up and securing, and thirty dollars for keeping the same, or twenty-five per cent on the net proceeds of the sale thereof; the remainder of the proceeds of said sale shall be paid into the county treasury, the clerk of the district court taking the treasurer's receipt thereof, and shall be paid to the owner of such property, if application and satisfactory proof of such ownership be made within one year from the day of the sale of said property.

. 8. If any property shall be assessed at one hundred dollars or less, then the justice of the peace, instead of certifying his doings to the clerk of the district court, as provided for in section six, shall, at the expiration of thirty days from the date of the notice to publisher, as provided for in this chapter, direct the sheriff or some constable to sell said property at public sale, to the highest bidder for cash, giving not less than twenty days' notice thereof; and said justice shall receive and dispose of the proceeds of such sale in the same manner and under the same regulations in all respects; and the amount, if any remaining, after paying the demands against said property, shall be paid to the county treasurer, subject to be claimed in the same manner as is provided for any sale made under the provisions of this chapter, under the authority of the clerk of the district court.

. 9. In all cases when the property so taken up shall, in the opinion, under oath, of the person taking up and securing the same, not exceed the value of ten dollars, then, and in that case, the person so taking up and securing said property, shall forthwith give notice by posting up three writ-