State Codes and Statutes

Statutes > West-virginia > 19 > 19-18-8

§19-18-8. Impounding stock when owner is known resident of state; arbitration of damages; right to sell impounded stock.
If the owner of any stock impounded under the provisions of this article, or article nineteen of this chapter, be a resident of this state and known to the person impounding the stock, such person shall, within three days from the date thereof, serve written notice on such owner stating therein, (a) the stock impounded, setting forth the number of each kind and the natural or artificial marks of each one of every kind, (b) the date such stock was taken up, (c) the place where impounded, (d) the cause for impounding the stock, and (e) the amount claimed as damages, if any, by reason of the injury or destruction of property by such stock and the costs for keeping the same, for which such person shall be entitled to an amount not to exceed that allowed a sheriff for keeping similar stock. If the owner considers the amount claimed excessive, he shall 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 person impounding the stock shall forthwith appoint one freeholder, and the two thus appointed shall appoint a third. Should either party fail or refuse to make such appointment within twenty-four hours after being notified so to do, any justice of the county may do so on application of either party. The freeholders appointed shall act as arbitrators and, after being duly sworn, shall ascertain the injury and damages sustained, if any, and the costs for keeping such stock. The decision of any two of the arbitrators shall be final and shall be reduced to writing and a copy thereof furnished to each of the parties. Each arbitrator shall be allowed a fee of two dollars for his services, which shall be paid by the party against whom the decision is made. Within three days after the arbitrators have rendered their decision, or, in case no arbitration is demanded by the owner, within three days from the service of the first notice required by this section, the person impounding the stock shall advertise and sell the same as provided in section ten of this article, unless the damages and costs be sooner paid.