FOURTH ANNUAL YEAR BOOK — PART X. 635 



one dollar aiul lifty cents to cover the expense of publishing the notice, which 

 amount so paid in advance tor fee and expenses, together with the compensation 

 allowed by law, shall be refunded to the person taking up such estray by the 

 owner of it, in case restitution is made to him. If two or more estrays are taken 

 up at the same time by the same person, they shall be included in one notice 

 and but one fee shall be paid therefor, and if only a part of the stock thus 

 included is restored to the owner, a proportionate amount of such fees and ex- 

 penses shall be refunded. 



I'iiOI'EKTY VP:STS WHEN. 



Sec. 23l.'6. If the estray be stock, and be not claimed by the owner within one 

 year, or, being any other domestic animal, be not claimed by the owner within six 

 months from the time it is taken up, the property therein shall vest in the taker- 

 up, if he ha^; complied with the provisions of this chapter. 



HECOVEKY BY OWNEK. 



Sec. 2o27. At any time before the property in the estray vests in the 

 person who has taken it up. the owner shall be entitled to recover possession of 

 it on paying to the person who has taken it up the compensation to which he is 

 entitled by law. and the fees and expenses which he has paid out in advance, to- 

 gether with any leward which has been offered by the owner, and a reasonale 

 allowance for the expenses of keeping such estray, taking into account the use 

 which such person taking up has had of it. which allowance shall be made by 

 the justice of the peace before whom a proceeding to recover the animal shall be 

 brought in the event the owner and the taker-up can not agree with reference 

 thereto. 



VALUE KECOVEKED. 



Sec. 2328. At any time within six months after the property in an estray 

 has vested in the taker-up, the owner shall be entitled on demand to be paid by 

 the said taker-up the value of the estray, not including any increased value which 

 has accrued since it was taken up, after deducting therefrom the compensation, 

 reward, fees and expenses referred to in the preceding section : or the taker-up 

 may. at his option, elect to surrender the estray. if still in his possession, in 

 which case the owner must pay such compensation, reward, fees and expenses. 



USE OK Al'l^ROPRIATION. 



Sec. 2329. Any person legally taking up an estray may use or work it. 

 if he does so with care or modei-ation, and does not abuse or injure it. But if 

 any pei-son unlawfully take up any estray. or take up an estray and fail to com- 

 ply with any of the provisions of this chapter, or use or work it in any manner con- 

 trary to this chapter, or work it before having it appraised, or keep it out of 

 the county for more than live days at any one time before he acquires a title to 

 it, he shall forfeit to the county twenty dollars, to be sued for by any person 

 in the county : and the owner of the estray may also recover of such offender double 

 the amount of the injury sustained, with costs. Estrays adapted thereto may be 

 bred and milked by the taker-up. 



l^'LXDEK NOT LIAIILE. 



Sec. 2030. If any estray. legally taken up. escape from the finder or die- 

 without any fault on his part, he shall not be liable for the loss. 



PENALTY A(L\INST FINI3EK. 



Sec. 2331. If any person shall sell, trade or take out of the State any 

 estray befor<- the l^snl title shall have vested in him. he shall forfeit to the owner 



