LAWS RELATING TO AGRICULTURE. 261 



said, shall be found willing to receive such stray or strays, and to pro- 

 ceed therewith, in all respects, as is required by law, it shall be the duty 

 of the officer who may have served such warrant, to suffer such stray 

 or strays immediately to go at large, subject, however, to be taken up by 

 any person legally qualified, at any subsequent time. 



SEC. 6632. [Strays outside of settlement.] It shall be lawful 

 for any person to take up any stray or strays, found running at large, 

 without the bounds of any settlement in this state; and the taker-up of 

 any such stray or strays shall forthwith go before the nearest justice of 

 the peace, and make the oath required by section sixty-six hundred and 

 twenty-eight, and that he hath neither trimmed, docked, nor altered the 

 brands or marks thereof; and if the taker-up be a freeholder or house- 

 holder within the county where such justice resides, then the justice 

 and taker-up shall be governed by the rules and regulations prescribed 

 in the preceding sections; but if it shall appear to the satisfaction of 

 such justice that the taker-up is not a resident of the county,, and a free- 

 holder or householder as aforesaid, he shall require the taker-up to give 

 sufficient security to such justice, for the safe-keeping and delivery of 

 such stray or strays, agreeably to the provisions of this chapter; 'and 

 on producing such security, the justice shall make a record thereof in 

 his stray-book, and proceed in the same manner as if such stray had 

 been taken up by a freeholder or householder; but if the taker-up should 

 fail or refuse to give such security, the justice shall issue his warrant 

 to any constable of the township to take into his charge, or deliver to 

 any freeholder or householder who will take charge of such stray or 

 strays, and proceed in the same manner as if such stray or strays had 

 been taken up within the settlement. 



SEC. 6633. [Proceedings by owner to reclaim strays; sale in de- 

 fault of payment of costs.] The owner or owners of any stray or 

 strays taken up as aforesaid, on making satisfactory proof of his or their 

 right thereto before any justice of the township, within four months 

 after the same was taken up, shall be entitled to demand and receive 

 such stray or strays, with the increase, if any, having first paid as a reward 

 to the taker-up for each horse kind, the sum of one dollar; for every 

 head of neat cattle, fifty cents ; for every sheep, hog, or goat above six 

 months old, twelve and a half cents, together with the legal fees paid by 

 the taker-up, and reasonable charges for keeping such strays; .but if 

 the taker-up and the owner should disagree on the sum to be paid for 

 keeping as aforesaid, it shall be lawful for either party to apply to a 

 justice of the peace within the township to nominate three disinterested 

 freeholders, whose duty it shall be to make such allowance for keeping 

 such strays as to them shall appear just, and forthwith certify the same 

 under their hands to such justice upon oath, and if the owner shall fail 

 or refuse to pay the sum adjudged, together with the fees as aforesaid, 

 within forty days thereafter, it shall be lawful for the taker-up to deliver 

 such stray or strays to any constable of the township, who shall, after 

 giving ten days' notice by advertisement at three of the most public 

 places in the township of the time and place of sale, proceed to sell the 

 same for ready money to the highest bidder, to satisfy the costs and 

 charges aforesaid : and the constable, after paying to the taker-up the 

 fees awarded and charges aforesaid, and deducting one dollar for his 

 own fees, shall pay the remainder to the owner of such strays. 



SEC. 6634. [What strays shall vest in taker-up; sale of animals 

 not vesting in taker-up; duty of justice and constable.] When the 



