25-2104. TAKING UP HOGS — ARBITRATION OF DAMAGES. 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.

History:

[(25-2104) 1881, p. 434, sec. 3; am. R.S., sec. 1343; am. 1888-1889, p. 38, sec. 2; reen. R.C. & C.L., sec. 1281; C.S., sec. 1973; I.C.A., sec. 24-1804.]