69-13-109 - Description of impounded livestock to be published; form; notice of sale.
§ 69-13-109. Description of impounded livestock to be published; form; notice of sale.
When any livestock shall have been taken up and impounded in the enclosure to be provided by the board of supervisors, the sheriff of said county or counties shall be responsible for having the descriptions of all such livestock published in one weekly newspaper with general circulation in that part of the county where livestock was taken up. Such notice shall be in substantially the following form:
"To Whom It May Concern:
You are hereby notified that the following described livestock (giving full and accurate description of same, including marks and brands) is now impounded at (giving location where livestock is impounded) ________ and the amount due by reason of such impounding is $ ____ dollars per day. The above described livestock will, unless redeemed within five (5) days from date hereof, be offered for sale at public auction to the highest and best bidder for cash.
________ ____________________________________
Date Sheriff of ________ County, Mississippi"
Unless the impounded livestock is redeemed within five days from date of notice, the sheriff shall forthwith give notice of sale thereof which shall be held not less than five days nor more than twelve days (excluding Sundays and holidays) from the first publication of the notice of sale. Said notice of sale shall be published in a newspaper of general circulation in the said county (excluding Sundays and holidays) and by posting a copy of such notice at the court house door. If there be no such newspaper then by posting such copy at the court house door and at two other conspicuous places in said county.
Such notice of sale shall be in substantially the following form:
"(Name of owner, if known, otherwise 'To Whom It May Concern') you are hereby notified that I will offer for sale and sell at public sale to the highest and best bidder for cash the following described livestock (giving full and accurate description of each head of livestock) at ________ o'clock, ____ .M. (the hour of sale to be between 11 o'clock A.M. and 2 o'clock P.M. Central Standard Time) on the ________ day of ________ at the following place: ________ (which place shall be where the livestock is impounded or at the place provided by the county commissioners for the taking up and keeping of such livestock) to satisfy a claim in the sum of ________ for fees, expenses for feeding and care and costs hereof.
________ ____________________________________
Date Sheriff of ________ County, Mississippi"
If the rightful owners shall claim the impounded animals, they may do so by paying all assessments or liens as herein provided, after signing for them on forms provided by the commissioner of public safety, such forms to include the descriptions of said animals. All receipts shall be deposited in a special fund known as the "Sheriff's Livestock Sale Fund." If it is later determined who the rightful owners are, the sheriff may have refunded to them the selling price after all liens are paid. Any funds accrued in this account shall, on June first of each year, be transferred to the general county fund.
Sources: Codes, 1942, § 4876-02; Laws, 1956, ch. 140, § 2, eff from and after six months after passage (approved April 5, 1956).