§ 1. The person finding any money or goods, or finding and taking up any stray beast, the owner of which is unknown, shall give to the town clerk a notice in writing, describing the money, goods or beast, within six days after so finding or taking up the same. R. S. 260, ch. 139, § 1; C. S. 307, § 1. §2. The town clerk shall record such notice in a book to be by him kept for that purpose. Ibid. §2; C. S. 308, § 2. §3. The finder of such property shall, within six days after finding or taking up the same, post up a notice, describing the money, goods or beast, at two public places in the town where the same was found; and if the value thereof exceed five dollars, at some public place in each of two adjoining towns, or cause a copy of such notice to be published three weeks successively in some newspaper circulating in such towns. Ibid. § 3. § 4. If no owner shall appear within one month after notice given as aforesaid, the finder shall apply to a justice, who shall appoint three persons to appraise such property, unless the same be money. Ibid. § 4. §5. The appraisers shall be sworn by the justice to the faithful discharge of their duty, shall appraise the property, and make a return of their appraisal to the justice. R. S. 261, § 5. § 6. If the owner of such property or beast shall not appear and claim the same within one year after notice given to the town clerk, the person finding or taking up the same may keep the property for his own use, upon paying to the town treasurer the residue of such money, or of the appraised value of such property or beast, after deducting the fees and expenses incurred. Ibid. § 6. § 7. The owner, within one year, upon paying or tendering to the finder a reasonable sum for the keeping, charges and fees incurred, shall be entitled to his property. Ibid. § 7. § 8. Any justice shall adjust and determine the amount of the fees and charges of the finder, clerk, appraisers and justice, and the expense of keeping, on application of any person interested. Ibid. §8. §9. The owner of any stray beast shall be liable to the person taking up the same, for such fees, charges and expenses, in case the beast should die without the fault or negligence of the finder. Ibid. § 9. § 10. If any person, finding any property, or taking up any beast, shall neglect to give notice to the town clerk, or to post up notices, as before prescribed, or to cause such appraisal to be made, he shall receive nothing for his services or expenses, and shall forfeit a sum equal to double the value of the property found or beast taken up. Ibid. § 10. § 11. If any town clerk shall omit to record any, notice as aforesaid, or if any person shall pull down or destroy any notice so posted, till the purpose thereof is answered, he shall forfeit the sum of thirty dollars. Ibid. § 11. § 12. No beast, except horses and mules, shall be taken up as a stray, from the first day of April to the first day of November in any year, unless the same shall be found doing damage in some enclosure. Ibid. § 12. § 13. The fees for notifying the clerk shall be twenty-five cents; for each advertisement, twenty-five cents; for recording the notice, ten cents; for appointing appraisers, twentyfive cents; for receiving and recording the appraisal, twentyfive cents; for adjusting the charges and expenses, twentyfive cents. Ibid. § 13. STRAYS AND LOST GOODS. FORMS OF PROCEEDINGS. 765. Form of notice to town clerk of goods found. To the Town Clerk of N., in the county of H. day of, 185-, I found in the Notice is hereby given that on the public highway in said town of N., one buffalo skin, marked "C. & J.," the owner of which is unknown to me. N., -, 185 766. Notice of beasts taken up as strays. P. F. Follow last form to "185-;" then say: I found doing damage in my inclosure, in the town of N., and took up as an estray, one red heifer, P. F. about three years old, with a white spot on her left rump, the owner of which is to me unknown. -- 185-. If the animal is a horse or mule, the words, "doing damage in my inclosure" may be omitted, and the words "going at large," may be inserted. It may be advisable to make copies of the notice given to the town clerk, and of that posted up, and to have the town clerk make a minute of receiving notice, and some disinterested person make a like minute of seeing the notices posted up. The matter may come in question long afterward, when it may be extremely difficult to prove the facts, unless some precaution is taken. 767. Notice to be published or posted up, may be in the same form, except that instead of the address "To the Town Clerk," &c., may be inserted the word, "Found," or "Stray." 768. Application to justice for an appraisal. To J. P., Justice of the Peace for the County of H. P. F., of N., in said county, shows that on the day of, 185–, I found going at large in said town of N., and took up as an estray, one black horse, with a switch tail and his right hind foot white, the owner of which is to me unknown; and on the same day I gave a written notice thereof, describing the same, to the town clerk of said town of N., and posted up like notices at the tavern of A. B. and at the tavern of C. D., being two public places in said town of N., and at the tavern of E. F., a public place in the town of H., and at the post office, a public place in the town of N., said towns of H. and N. being adjoining towns to said town of N.: That more than one month has elapsed since said notices were given and posted up as aforesaid, and no owner has appeared to claim said horse; you are, therefore, requested to appoint three persons to appraise said horse. N., ——, 185-. The first clause in the application will be in the same form as the notice. 769. If notice is given by publication. : P. F. Say and "caused a like notice to be published three weeks succesand - days of -, in the N. G., a newspaper pubsively, on the lished at said N., and circulated in the said town of N., and the adjoining towns of H. and N., in said county." 770. Appointment of appraisers. (Written on the application.) To D. E., F. C. and L. Q., all of N., in the county of H. [L. S. Upon the foregoing application, you are appointed to appraise the horse mentioned in said application, being first sworn to the faithful discharge of your duty, to make return of your doings to me. Dated the day of —, 185-. 771. Oath of appraisers. J. P., Justice of the Peace. H-SS., ---, 185-. Personally appeared D. E., F. C. and L. Q., and made oath that they would faithfully and impartially appraise the horse mentioned in the foregoing warrant, according to the best of their judgment. Before me: 772. Appraisal. J. P., Justice of the Peace. We have carefully examined and appraised the horse mentioned in this warrant, and do upon our oaths say that said horse is of the value of twenty dollars, and no more. 773. Application to justice to adjust expenses. To J. P., a Justice of the Peace for the County of H. M. C., of, shows that a black horse belonging to me has been taken up by P. F., of N., as an estray: That we are unable to agree upon the amount of fees, charges and expenses. I therefore request you to adjust and determine the amount of fees and charges of the said P. T., the finder, of the town clerk, appraisers and justice, and the expense of keeping said horse. 774. Order of notice. H— ss., ——, 185-. M. C. Upon the foregoing application, it is ordered that said M. C. notify the said P. F. to appear before me, the said justice, on the day of —, at o'clock in the -noon, at the inn of -, in said N., by giving to him a copy of the said application and this order, that he may be heard thereon. Affidavit of service. See form 615. 775. Record of adjustment of expenses. J. P., Justice of the Peace. H-SS., -185-. The said M. C. and P. C. appearing, and being fully heard on the within application, I have adjusted and determined the said fees, charges and expenses, as follows: Of the said P. F., for notifying clerk, 66 for four advertisements, For applying for and attending appraisement, .25 1.00 1.00 776. Application to adjust fees, &c., when no owner appears. To J. P., &c. P. T., of, shows that on the day of, 185-, I found going at large in N., and took up as an estray, a black horse with a switch tail and a white hind right foot, the owner of which is to me unknown: That I gave written notice thereof to the town clerk, and posted up like notices thereof, according to law: That more than one year has elapsed, and no owner has appeared, to claim the same. I therefore request you to adjust and determine the fees and charges of the said finder, town clerk, appraisers, and justice, and the expense of keeping said horse. N., ——, 185-. No notice can be given in this case. P. F CHAPTER 34. OF THE POWERS OF JUSTICES AS TO ANIMALS DISTRAINED. 1. Cattle may be impounded, when. 4. Notice to owner, what, and how given. 6. If damages paid,creatures discharged. 10. Application for sale may be made after four days. 11. Justice may order sale or appraisal. §1. Any person may impound any swine, neat cattle, horses, sheep, or other creatures that shall be found doing damage in his inclosure, or any such creature found going at large in any highway or street, or on any common, in violation of the |