2010 Pennsylvania Code
Title 44 - LAW AND JUSTICE
Chapter 53 - Recidivism Risk Reduction Incentive (Repealed)
7159.1 - Sale of trespassing livestock.

     § 7159.1.  Sale of trespassing livestock.
        (a)  Process.--If the owner of the livestock fails to pay for
     the costs, damages and fees within one day of the filing of the
     report of the appraisers, the livestock shall be sold at a
     public sale. The following shall apply:
            (1)  The livestock must be described with particularity
        in a printed or written advertisement. The following shall
        apply:
                (i)  The advertisement must be posted at six of the
            most public places in the locale of the damaged property.
                (ii)  The advertisement must set forth a place and
            time of public sale of the livestock.
            (2)  At the named time and place, the livestock shall be
        sold to the highest bidder unless at any time prior to the
        sale the owner of the livestock shall pay all costs, damages
        and fees or has begun an action for replevin against the
        owner of the land.
            (3)  The constable shall remit a written report of the
        sale and all money realized from the sale of the livestock to
        the magisterial district judge. The following shall apply:
                (i)  The magisterial district judge shall pay the
            costs and damages to the land owner.
                (ii)  Not less than three, nor more than four, months
            after the sale, the magisterial district judge shall
            remit any surplus to the county treasurer in the county
            where the damage occurred.
                (iii)  The owner of the livestock shall have the
            right to submit proof of ownership to the magisterial
            district judge or the county treasurer at any time within
            two years of the sale to claim any surplus of the sale.
            (4)  If the sale results in a deficit, the payment shall
        be made as follows:
                (i)  First, the costs shall be paid in full or
            divided pro rata among the constable, magisterial
            district judge, the appraisers and the cost of care.
                (ii)  After the costs are paid in full, the remaining
            amount shall be paid to the owner of the land for any
            damage sustained.
        (b)  Redemption.--The owner of livestock impounded under this
     section shall have the right, at any time before the livestock
     are sold, to pay all the costs accrued and the amount of damages
     awarded in the appraisement in section 7159 (relating to
     trespassing livestock) and to recover the livestock.
        (c)  Replevin.--The owner may also recover the impounded
     livestock, at any time before the livestock are sold, through a
     successful action of replevin. The following shall apply:
            (1)  The action for replevin must be on the condition
        that the owner of the livestock pay all damages and fees,
        including:
                (i)  Amount of damages sustained by the land owner.
                (ii)  Costs of care.
                (iii)  Fees to the constable, magisterial district
            judge and the three disinterested appraisers.
            (2)  The damages and fees shall be itemized by costs,
        damages and fees.
            (3)  If a jury or the appraisers determine that the harm
        to the owner of the livestock was greater than the harm to
        the owner of the land, the owner of the livestock must still
        pay the costs and fees, but not to the attorney for the owner
        of the land.
            (4)  If a jury or the appraisers determine that the harm
        to the owner of the land is greater than the harm to the
        owner of the livestock, the court shall require the owner of
        the livestock to pay a reasonable fee to the attorney for the
        owner of the land.