§19-18-9 Impounding stock when owner is unknown or a nonresident. - West Virginia Statutes

§19-18-9. Impounding stock when owner is unknown or a nonresident.
If the owner of any stock impounded under the provisions of this article, or article nineteen of this chapter, be a nonresident of this state, or is unknown to impounding such stock, such person shall, within three days from the date thereof, appear before a justice of the peace of the county wherein the stock was taken up and make and file his affidavit, setting forth therein the facts required in the first notice provided in section eight of this article and that the owner of the impounded stock is a nonresident of this state, or is unknown to the affiant, and within twenty-four hours thereafter shall advertise the impounded stock for sale and sell the same as provided in section ten of this article, unless the damages and all costs be sooner paid. Any person claiming right or ownership to such stock may appear before such justice and file his affidavit showing that he is the lawful owner of the stock or entitled to possession thereof, and, at any time before sale, upon presentation of a certificate of such justice of the filing of such affidavit and payment of the amount claimed as damages and all costs, shall be entitled to repossess his stock. If such person considers the amount claimed excessive, he shall, after filing such affidavit, forthwith serve written notice on the person impounding the stock that he has appointed one freeholder, naming him, to ascertain the injury and damages sustained and the costs for keeping the stock, the service of which notice shall stay any sale which may have been advertised prior thereto. Two other arbitrators shall then be appointed and the injury and damages and costs of keeping ascertained as provided in section eight of this article and the impounded stock readvertised for sale within the time prescribed in said section, unless the damages and costs be sooner paid: Provided, That in all cases where a citizen of this state may claim right or ownership to stock impounded under section four of this article, the person so claiming shall file with such justice his affidavit showing that he is a citizen of this state, that the stock impounded is bona fide his property, and that he did not acquire right thereto for the purpose of defeating the provisions of said section four, and, upon presentation of a certificate of such justice of the filing of such affidavit and the payment of all costs other than that for the keeping of the stock, at any time before sale, shall be entitled to repossess his stock, but such repossession shall in nowise affect any right of action against the owner for damages sustained by reason of the trespass of his stock.