FOURTH ANNUAL YEAR BOOK — PART X. 633 



AFl'OKTlOJNMEiNT OF DAMAGES. 



Sec. 2o]0*. If tlierei is more than one owner of distrained stock or 

 iinimals, each may pay liis ratable sliare of the damages and costs, and release 

 his animals. It the injured party elects to sue therefor, he may join in one 

 action all or any of such owners who have not paid their proportion of the 

 damages and costs. 



ASSESSMENT OF DAMAGES — SALE. 



Sec. 2317. Within twenty-four hours after au animal has been distrained, 

 Sunday not included, the person distraining or his agent, shall notify the owner 

 of the animal thereof, and, if he fails to satisfy the damages and costs, such 

 person shall within twenty-four hours after such notice to the owner, verbally 

 or in writing, request the township trustees to appear upon the premises to view 

 and assess the damages. When two or more trustees have met, one of them 

 having previously informed the owner of the animal of the time and place of 

 meeting, they shall assess the damages and costs. If the owner of the dis- 

 trained animal refuses or neglects for two days thereafter the pay the amount 

 thus assessed, one of said trustees shall put up in three conspicuous places in the 

 town-ship notices, describing the property, and naming a time and place of sale, which 

 place shall be where the property is distrained, and time not less than five nor 

 more than ten days thereafter, that said property will be sold between the hours 

 of one and three o'clock in the afternoon. At the time and place of sale, one of 

 the said trustees shall offer for sale and sell the property at public outcry to the 

 highest bidder for cash, but no sale shall be made after having realized a suf- 

 ficient sum with which to pay the damages and costs, any remaining animals un- 

 sold to be at once returned to the owner, and also the surplus remaining, if any, 

 out of any sold. If lor any reason a trustee can not sit, the remaining trustees 

 may appoint any disinterested citizen having tlie qualifications of a juror to act 

 in his place. 



ASSESSMENT MADE— APPEAL. 



Sec. 2318. The trustees shall make their assessment in writing, and file 

 the same with the township clerk, which shall be recorded by him. Any person 

 aggrieved by the action of the trustees may appeal to the district court of the 

 county. The appeal bond, conditioned to pay all costs and damages, shall be filed 

 with and the sureties approved by the township clerk, in a penalty doiible the 

 value of the property distrained, or, if the value of the property exceeds the 

 amount of damages claimed, then double the amount of the damages and costs. 

 Notice of such appeal shall be given within five days, and In the same manner as 

 in appeals from a judgment of a justice of tne peace. The appellant, shall file an 

 appeal bond within three days, Sunday not included, from the filing of the find- 

 ing of the trustees, and, when an appeal is thus taken by the claimant, the dis- 

 trained stock or animals shall be held for the satisfaction of such judgment as 

 may be rendered on appeal, but the owner of said stock or animals may release 

 the same at any time, before judgment, by filing with the township clerk before 

 the appeal is certified, or with the clerk of the district court thereafter, a bond 

 with suflScient sureties to be approved by the clerk with whom filed, conditioned 

 to pay all damages and costs recovered in said cause on appeal. The clerk re- 

 •ceiving such bond shall file the same, and forthwith certify the fact to the per- 

 son having charge of the distrained stock or animals, who shall thereupon re- 

 lease the same to the owner. Where the owner appeals and files a bond, as here- 

 in provided, it ."-hall ope7atea=i » pupercfdea,'", and the distrained, stock or animals 

 shall be released to him. Within five days after the taking of the appeal, the 

 township clerk shall make out a certified transcript of the record of the finding 

 of the trustees, and file the same, together with the notice of appeal, if in 

 •writing, and the bond with the clerk of the district court. 



