Section 8. If the owner shall not redeem said live stock within one (1) day after the return of said viewers shall have been filed with the justice of the peace, it shall be the duty of the said constable to cause an advertisement, either printed or in writing, particularly describing such live stock, to be posted at (6) of the most public places in the vicinity of the property where the damage was done, setting forth a place and a time where the said live stock will be sold at public sale.
At the time and place so fixed, the constable shall proceed to sell said live stock to the highest bidder therefor, unless the owner thereof appears, pays the costs and damages then accrued, or brings action of replevin for the recovery of such live stock. If the constable shall have sold the said live stock, he shall forthwith make a written report thereof to the said justice of the peace, and said justice of the peace shall pay all costs and damages then accrued out of the money realized from said sale, and not less than three nor more than four months after the sale, pay over the surplus, if any there be, to the county treasurer of the county wherein the trespass was committed. If at any time within two years after the sale of the live stock herein provided for, the owner thereof appears and submits proof of his ownership satisfactory to the officer having said surplus, the said surplus shall be paid to him either by the justice of the peace or by the county treasurer depending upon which of such officers has such surplus in his possession at the time. In the event that the amount of the sale is less than the amount of the costs and damages then accrued, the costs shall first be paid out of the same, and the balance applied upon the damages awarded to the party injured in the appraisement made by the viewers, and in the event that the amount is not sufficient to pay the costs, the same shall be divided pro rata among the persons entitled to said costs. The costs shall include the costs of the constable, of the justice of the peace, of the three viewers, and the expenses of keeping such live stock while impounded.