If the owner and
taker-up of such hog cannot agree as to the amount of damage, they must each
select a disinterested person, residing in the precinct where such trespass
has been committed, who must, after first hearing all the facts in the case
from both parties interested, fix the amount of damages, if any, to be paid,
and the same are a lien upon said hog and other personal property of the
owner, not exempt by law, and if said amount is not paid within five (5) days,
together with the costs of keeping said hog, the taker-up must notify the
constable of the precinct, whose duty it is to levy upon the hog and a
sufficient amount of other personal property of the owner not exempt by law,
as shall pay all damages and costs, and shall sell at public auction on the
premises where the said hog was taken up, after first giving five (5) days'
notice of such sale, in the manner prescribed in the last section, and must be
applied, first, to the payment of the constable's fees, which are the same as
on execution; second, the payment of the award, and subsequent charges for
keeping, to the taker-up of such hog, and the remainder, if any, must be paid
to the owner of such hog: provided, that either party feeling aggrieved by the
award may appeal to any justice's or probate court within the county, within
five (5) days after said award, and the party so appealing must file a good
and sufficient bond for the payment of all costs and expenses arising from
said appeal. |
