1. If the owner of any domestic swine taken up under the provisions of this chapter be unknown, after three days’ diligent inquiry by the taker-up, or if the owner of any swine taken up under the provisions of this chapter shall not, within three days after receiving notice as provided for in section 270.170, comply with the provisions of this chapter, the taker-up of such swine shall apply to an associate circuit judge of the county for the sale of such swine according to law.

2. Such associate circuit judge, being satisfied that the provisions of this chapter have been complied with, shall order the same to be sold by the sheriff after the expiration of fifteen days, who shall give notice and sell the same in the same manner as personal property may be sold on execution by a sheriff; and after paying the costs of sale, and of taking up and keeping the swine, and all damages done by the same, such sheriff shall pay the balance, if there be any, over to the county treasurer, and take a receipt therefor; which balance shall be subject to the order of the owner of such swine, if called for within twelve months after the sale, but if not called for, the same shall be turned over to the school fund of the county.