LAWS RELATING TO ANIMAL INDUSTRY. 107 



dismissed on motion of defendant without notice; in case of 

 such dismissal, the defendant shall have judgment for his 

 costs. In any such action for plaintiff to recover, it shall be 

 incumbent on him to establish an existing right in himself to 

 the possession of such animal or animals. (As amended, 

 Stats. 1915, p. 638.) 



SEC. 5. If no person appears and claims the animal or ani- 

 mals taken up within thirty days after the filing of the notice 

 hereinbefore mentioned in section three of this act ; or if a per- 

 son does appear and claims the animal or animals taken up 

 within thirty days after the filing of the notice above referred 

 to, but shall fail to pay to the taker-up the expenses and costs 

 as provided in section three of this act, and shall fail to com- 

 mence and prosecute with diligence an action for the recovery 

 of the possession of such estray animal or animals within the 

 time required by section four of this act ; or if said action shall 

 be dismissed ; then the taker-up shall, in writing, notify a con- 

 stable or other officer of the township or county in which said 

 animal or animals are held, which notice shall specify that he 

 has complied with all the provisions of this act, and that a 

 claimant of said animal or animals has failed to appear and 

 claim the same as herein provided, or if he has appeared that he 

 has failed to pay the expenses and costs and has failed to com- 

 mence or prosecute with diligence an action for the recovery 

 of the possession of such animal or animals within the time 

 and in the manner provided for in this act, or that said action 

 has been dismissed, and that such animal or animals are held 

 by him subject to sale. Said constable, or officer, shall imme- 

 diately proceed to sell such animal or animals at public sale, 

 in conformity with the law concerning sales on execution, and 

 shall be entitled to the same fees as are provided by law for 

 sales under execution. (As amended, Stats. 1915, p. 638.) 



SEC. 6. Out of the money realized from the sale of estrays, Disposition 

 the constable or other officer shall first retain his fees ; he shall r e f a uzed. y 

 then pay to the taker-up his expenses and costs estimated as 

 provided in section three of this act, or so much thereof as the 

 funds in his hands will permit, and the surplus, if any, he shall 

 pay to the county treasurer to be held by him for the owner 

 of the estray or estrays for which it was received in payment. 

 If any person or persons shall, within one year thereafter, 

 prove to the satisfaction of the board of supervisors of the 

 county in which the estray or estrays were sold, that he or 

 they are entitled to the sum so held by the county treasurer, 

 or any part thereof, the said board of supervisors shall order 

 such sum to be paid over to the person or persons; and if not 

 so proven within one year, then the same shall become a part 

 of the common school fund of said county. (As amended, 

 Stats. 1915, p. 639.) 



