The copper era., 1909-06-17

such animal or animals to such owner or his agents; in the event such owner shall not appear, or is unknown to such pound keeper and cannot by reasonable diligence be ascertained, or shall fail or refuse to pay the charges, then the said pound keeper shall after the expiration of twenty four hours, from the time such an- imal or animals were impounded, post in six conspicuous places, within
 the limits of the town of Clifton.
 written or printed notices of the fact of such animal or animals being inn
 pounded by him, giving the date
 when impounded, the description of
 the animal or animals, and reciting
 the fact that the owner is unknown,
 or if known, has not appeared to re
 deem said animal or animals, or has failed or refused to pay the legal charges thereon, after due notice as herein provided, and that unless said owner or his agent shall within
 five days from the posting of said
 notice appear and redeem said animal or animals, the same will be sold to satisfy the cost of care, maintainance and sale, giving date and place of sale. Said notice shall remain posted
 for period of five days, and upon
 the sixth day after the date of post ing, if the animal or animals remain
 unclaimed and the charges unpaid,
 the pound keeper shall sell or cause
 to be sold at public sale in the Town
 of Clifton, said animal or animals.
 subject, however, to the right of the owner or owners to redeem the same
 as herein provided; and shall pay out
 of the proceeds of said sale all legal
 charges of the taking, keeping, car'
 and sale of said animal or animals. and the remainder, if any, said pound
 keeper shall pay over to the Clerk of
 the Town of Clifton and take his re-
 ceipt therefor, and the Mayor of the
 Town of Clifton shall execute and de-
 liver in the name of the Town, a good
 and sufficient bill of sale, to the pur-
 chaser of any such animal or animals,
 so sold under this ordinance; provided
 however, that the owner of any ami
 mai or animals sold under this or.
 dinance, may at any time within
 thirty days by appearing and making
 satisfactory proof of the ownership Of
 the animal or animals, have the right
 to redeem such animal or animals
 from the purchaser thereof and req
 sonable compensation to such owner
 not to exceed one dollar per day for
 the care of and maintainance of such animal for the actual time 1t has been
 kept by such purchaser, and said owner complying herewith shall also
 have the right to receive from the Town the amount received by the
 Town from the sale of such anima, or animals less the pound keepers just and proper charges, and all bills of sale hereafter executed and deilv- cred by said Town to the purchaser of impounded animals sold under this ordinance, shall expressly provide for the right of redemption of the same by the owner, and upon his compliance with the ordinance.
 Section 5. If the owner of any an imal or animals impounded as above provided shall make affidavit before any Justice of the Peace within the Town of Clifton that he is the owner of such animal or animals, descri ping same. and that same are unlawfully held by said pound keeper and at the same time execute a bond with two or more good and sufficient sureties and payable to said pound keeper in a sum at least double the amount of the value of such animal or animals so impounded and claimed by him, that if he fail to prove
  held by said pound keeper ings and will also pay said pound keeper all his legal fees and charges for the taking care and keeping ofsuch animal or animals; which bond shall be by and filed with said Jus tice of the Peace. Whereupon said pound keeper shall deliver such an imal or animals to said claimant, and said Justice of the Peace shall set the hearing of said complaint for a time of not more than five days after the date of the filing of said complaint and bond, and on said day shall proceed with the trial of said camplaint as in other civil cases; and if said complain ant fail to recover in said cause said Justice of the Peace shall enter judg ment against him and the sureties on his said bond for all costs of such pro and in favor of said pound keeper for all his fees chargeable un- der this ordinance, but if said com- plainant shall recover in said case the Justice of the Peace shall enter judg- ment against said pound keeper for all the cost of said proceedings.
 Section 6. Any person who shall break open any pound wherein any animals are impounded under the provisions of this ordinance, or who shall remove or aid in the removal Of any animals so impounded without | having paid all the costs, charges and | expenses herein provided, or who | shall hinder, delay or obstruct any | person driving to the pound any an Imal or ani"als under the provisions | of this ordinance shall upon convic- | tion be punished by fine of not less | than one dollar nor more than ten | dollars, or by imprisonment in the own or county jail for a period Of not less than one day nor more than jen days, or by both such fine and | in the discretion of the | court trying the case.
 Section 7. Any person found guilty ,f wIlfuly impounding an animal or for the purpose of gratifying spite or malice and any pound keeper failing or refusing or after notice to impound Lny animal or animals under this or