§ 106-359. Expense of dipping as lien on animals; enforcement of lien.
§ 106‑359. Expenseof dipping as lien on animals; enforcement of lien.
Any expense incurred in the enforcement of G.S. 106‑358 and thecost of feeding and caring for animals while undergoing the process of tickeradication shall constitute a lien upon any animal, and should the owner orowners fail or refuse to pay said expense, after three days' notice, they shallbe sold by the sheriff of the county after 20 days' advertising at thecourthouse door and three other public places in the immediate neighborhood ofthe place at which the animal was taken up for the purpose of tick eradication.The said advertisement shall state therein the time and place of sale, whichplace shall be where the animal is confined. The sale shall be at publicauction and to the highest bidder for cash. Out of the proceeds of the sale thesheriff shall pay the cost of publishing the notices of the tick‑eradicationprocess, including dipping, cost of feeding and caring for the animals and costof the sale, which shall include one dollar and fifty cents ($1.50) in the caseof each sale to said sheriff. The surplus, if any, shall be paid to the ownerof the animal if he can be ascertained. If he cannot be ascertained within 30days after such sale, then the sheriff shall pay such surplus to the countytreasurer for the benefit of the public school fund of the county: Provided,however, that if the owner of the animal shall, within 12 months after the fundis turned over to the county treasurer, as aforesaid, prove to the satisfactionof the board of county commissioners of the county that he was the owner ofsuch animal, then, upon the order of said board, such surplus shall be refundedto the owner. (1923, c. 146, s.10; C.S., s. 4895(y).)