The Sumpter miner. [volume] (Sumpter, Or.) 1899-1905, 1901-06-19

the sale thereof takes place, make and
file with the Recorder of said city, an
affidavit setting forth therein his interest
in such property, and the facts in rela-
ton to the taking up and impounding
thereof, together with any other facts
which would be material in determining
whether the said property was subject
to being taken up and impounded under
the provisions of this ordinance; imme-
diately thereafter the said Recorder
shall set time certain for the determi-
nation Of said facts, which said time
shall not be less than one day, nor more
than three days thereafter, provided
that the time may be less than one day
with the consent Of the aggrieved party.
At the agreed time the aggrieved party
and the Marshal shall appear with such
witnesses as may be necessary, and the
said Recorder shall thereupon determine
the facts in relation thereto; and II it
shall appear to the said Recorder that
the said property ought not to have been
taken up and impOunded, he shall make
an order discharging the said property,
and the same shall be without charge to
the said aggrieved party, and the City
of Sumpter shall pay all legal costs Of
such hearing; but II II shall appear to
tiIc rttu ItSCotuVt Nitt tuNiuR Uuu
impounding was proper and rightful, he
shall enter up judgment against the
claimant for the costs, charges and ex.
penscs Of such trial and unless the said
costs, charges and expenses Of the said
trial shall be paid by the said claimant
Immediately after the demand made
therefor by the said Recorder, the same
shall thereafter become lien upon the
said property 40 taken up and inn
pounded, and shall be paid out Of the
proceeds Of said property when sold; II
the proceeds from the sale OF said prop
erty be not sufficient to pay the costs,
charges and expenses incurred in rela-
tion thereto, the said Recorder shall
issue an execution upon the said judg-
mcnt for the deficiency thereof. A trial
occurring under the provisions of this
section, shall have the effect Of postpon-
ing the sale Of any property, provided
determination thereof had not been
reached prior To the time Of such sale
and the said sale shall take place Mt the
hour Of ten o'clock in the forenoon Of
the day succeeding the said determine
tion, without any further notice being
given in relation thereto.
Section q. The owner or owners Of
the property ~ taken up and impounded
who shall pay or cause tn be paid to the
Marshal, or To the Recorder of the said
City Of Sumpter, the sum of one dollar
and fifty cents ($l SOY and all costs, |
charges and expenses which have been |
legally incurred prior thereto in relation
To the impounding Of such property, |
shall bc entitled to have the said prop
erty released to them ut any time before
sale thereof.
q -, .I.,..
the provisions Of this ordinance, shall
have the effect To vest u complete title !
thereof.
Section 4. The Marshal shall forth.
with upon the sale Of anv property under
the provisions Of this ordinance, file with |
the Recorder of the said City Of Sump-
ter, u certified statement containing:
First, brief description Of the property |
sold, second, the amount received for |
the same, third, the name or names of
the purchaser or purchasers thereof,
fourth, impounding charges Of $l.5O,
fifth, the expenses Of keeping such prop
erty, II any; which said statement, to-
gether with u statement by the Recorder
Of his costs and fees in relation thereto,
shall be entered by the Recorder in
book kept for that purpose, which said
book shall be ut all times open for in.
spection by any person interested.
Section .. The proceedings Of any
sale shall be forthwith paid over to the
Recorder Of said city, who shall issue
his receipt therefor.
Section 10. The Recorder shall collect
M costs, for the benefit Of the city, two
dollars and fifty cents for hearing and
determining any contested case, which
sum Of two dollars and fifty cents shall
be paid by the contestants in advance.
Section IL. Any person or persons
found guilty Of violating the provisions
of this ordinance, shall, upon conviction