If any livestock taken hereunder is not reclaimed and released as herein provided within two days after it is taken and impounded, the officer in charge shall serve a written or printed notice upon the owner, if known, or if he or she is unknown then such notice shall be posted at the door of the city hall and also at the court house door and at three other public places in the city. Such notice, whether served in person or by posting, shall describe the stock taken, showing the date and facts of the taking, and shall warn the owner to appear in the district court on a day fixed by the notice, not less than two days after the service or posting of such notice, to answer the charge of permitting or suffering such stock to run at large. He or she will return a copy of this notice to the court. At such hearing if the court shall find that such stock were taken and impounded as charged, it shall adjudge the fees and costs of such taking, impounding, and of the trial, against the owner, if known, and if he or she appears at such trial, or in rem against the stock if no owner appears to defend. The court may also adjudge and direct the officer to sell such stock or sufficient thereof if more than one, if the owner appears to claim the remainder, to pay all fees, costs, and charges therefor or thereafter accruing thereon, otherwise he or she shall sell all of it, after advertising the time, terms and place of such sale, with a description of the property, for not less than three days, by posting written or printed notices at the places hereinabove directed for the notice of impounding. Such sale shall be for cash and the officer will deliver the property sold to the purchaser upon payment thereof. The officer shall be allowed reasonable advertising costs, to be taxed as other fees and costs. If more money is realized than the properly taxed fees, costs and charges, the excess shall be paid when claimed to any person entitled thereto. The officer shall report in writing to the court any proceedings taken by him or her hereunder. The owner of any stock so taken may reclaim the same at any time before the sale and delivery thereof by paying the fees, costs, and charges theretofore accrued.
('60 Code, § 4-7)