Section 6. If the said owner shall not make satisfaction to the party injured for the damages so sustained, the cost of keeping such live stock and the fees of the constable as hereinbefore stated, it shall be the duty of said constable, on the fourth day after the same were taken up as aforesaid, to complain to any justice of the peace of the county wherein said trespass was committed; and said justice of the peace forthwith shall issue his warrant directed to three (3) disinterested and honest freeholders of the vicinity where the damage was done, commanding and enjoining them forthwith to view the trespass, and value and appraise the same, with the expenses and costs of keeping the said live stock, and to make report thereof to him, the said justice, within five (5) days thereafter, which valuation and appraisement and return, they, the said freeholders, are hereby required to make accordingly.