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part of a town,
may have a
When beasts are impounded, notice to be given to the owners.
If the owner is not known, how to proceed.
impounded ; and if any town shall be without a sufficient
pound. for the purpose aforesaid, the select-men shall for-
feit the sum of two dollars per month, for every month
such town is unprovided with a sufficient pound or pounds,
one half to him who shall prosecute to effect, and the
other half to the treasury of the county.
sect. 2. When any town shall grant to a society, or
any particular part of the town, liberty, at their own ex-
pense, to erect a pound or pounds, for their own conven-
ience, (which grants towns are empowered to make.)
then such pound or pounds shall be maintained by such
society, or particular part of the town, and the select-
men shall not be punishable for their deficiency.
sect. 3. Every person shall have right to impound
horses, cattle, asses, mules, sheep, goats and swine, found
doing damage on his land, inclosed by a sufficient and
lawful fence ; and when any person shall have impound-
ed any creatures, he shall give notice thereof, within
twenty-four hours, if the owner be known; and on neg-
lect thereof, he shall forfeit the sum of twenty cents per
head. for every beast so by him impounded, and the same
sum for every day, after the first day, that he shall neglect to
give notice as aforesaid, to the use of the ..".
who shall recover the same, by a proper action; and
shall also pay all necessary expense to the pound-keeper,
for providing food and water for such creatures so im-
sect. 4. If the owner of the creatures so impounded,
is not known, the impounder shall advertise the same, by
setting up on the sign-post, in the same town where they
are impounded, and in two of the adjoining towns, a de-
scription of them, with their natural and artificial marks,
and the place where taken ; and if a newspaper is print-
ed in the same or an adjoining town, by publishing such
description in such newspaper; and if no owner shall a
pear within five days after such creatures shall have been
advertised as aforesaid, the pound-keeper may take them
from the pound, and procure them to be kept elsewhere,
in such safe and cheap manner as he may think proper,
without being liable for their safe-keeping ; and then, if
no owner shall appear, within sixty days, the impounder
shall call two fence-viewers to view the fence of the in-
closure, from whence the creatures were taken, and if
they judge it not to be a sufficient and lawful fence, then
such creatures shall be released from the pound, and the
impounder shall pay the expense : but if such fence-
viewers shall judge the fence to be sufficient and lawful,
then they shall estimate the damages done in such inclos-
ure, by the creatures impounded, and either constable of
the town may sell so many of them, as will be sufficient
to satisfy the damages, the poundage, and the reasonable
expense of supporting and advertising them.
sect. 5. The marks, natural and artificial, of the crea-
tures, so sold, shall be entered in the town-clerk's office,
with an account of the charges, and the price for which
they sold, and the overplus, if any, after the town-clerk
shall be paid for the entry, shall be delivered to the town-
treasurer, to be kept for the owner, if he appears within
one year; otherwise, it shall belong to the town. If any
of the creatures, so impounded, shall remain unsold, after
selling enough to satisfy the damages and costs, they may
be released, or proceeded with as in the case of estrays.
If the owner shall appear within eight days, in the case of
sheep and swine, or twenty days, in the case of other
creatures, he shall have right to replevy the same.
sect. 6. If any person, whose creatures are impound-
ed, shall not, within twenty-four hours after notice given
to him, replevy the same, he shall incur the same penal-
Description of beasts to be entered in town-book.
Right of owner to replevy.
Duty of owner to replevy, after notice.
ty as persons, who, having impounded creatures, neglect
to give notice to the owners. Provided, that the owner
of creatures may, if he thinks proper, procure two indif-
ferent freeholders of the town, to estimate the damages
done by such creatures, and tender the same, with the
costs, to the impounder; and if he shall refuse to accept
the same, and the owner is obliged to replevy his crea-
tures, then the impounder shall recover no costs, but shall
be liable to pay costs to the owner, unless the court who
tried the action, shall find, that he was entitled to more
damages and costs than the sum tendered.
sect. 7. No person shall be entitled to a recovery for
damages done in his inclosure, through the insufficiency
of his fence, unless such damages were done by swine or
horses, or other creatures, that go at large on the com-
mons contrary to law, or by unruly cattle, that will not
be restrained, by ordinary fences; or where the owner of
cattle shall put his cattle into, or voluntarily trespass on,
his neighbour's inclosure; or where it shall appear, that
though part of the fence is deficient, the cattle broke and
entered through a sufficient fence; in which case, the
owner of the land may impound such creatures, and re-
cover poundage and damages.
sect. 3. If any person shall rescue any creatures liable
to be impounded, out of the hands or custody of any
person or persons going to pound with them, or shall at-
tempt to prevent him or them from driving such creatures
to pound, or shall resist them therein, such person, so
Proviso, as to tender of damages and costs.
In what cases damages shall be recoverable.
offending, shall forfeit the sum of four dollars: and if penalty.
any person shall break the pound, or in any way, convey
Towns to appoint poundkeepers.
Allowance for food and water.
out of it any beasts lawfully impounded, he shall forfeit
the sum of seven dollars; one half of which forfeitures
shall be to the use of him who shall prosecute to effect,
and the other half to the treasury of the town where the
offence is committed; and shall also pay to the party in-
jured all the damages he shall sustain, by such rescue or
pound-breach; and where such rescue or pound-breach is
effected, by the children, or servants of the owner, or
owners of the creatures, such owner or owners shall pay
all the damages and forfeitures, in the same manner as if
done by themselves. o
sect. 9. If any creatures, lawfully impounded, shall
escape out of any pound, and the owner is known, the
person who impounded them shall be entitled to an action
of debt, to recover the poundage, and damages from the
owner, on his making oath that he took them damage-
feasant : provided, that all prosecutions for breaches of
this act shall be within nine months after the commission
of the offence.
sEct. 10. It shall be the duty of the several towns, at
their annual meeting, to appoint a pound-keeper, whose
duty it shall be to receive and keep all creatures lawful-
ly brought to pound, and to provide for them necessary
food and water, while in pound, for which he shall be
allowed twelve cents per day for horses, cattle, asses,
mules, and swine, each; and three cents per day, for
sheep and goats, each. The fees for poundage, to be
paid by the owner or owners of creatures impounded, to
the pound-keeper, shall be twelve cents, each, for horses,
cattle, asses, mules and swine; two cents, each, for sheep;
and three cents, each, for goats. And the owner or ow-
ners of any beasts impounded shall not redeem or re-
plevy the same out of the pound, till he or they have
paid to the pound-keeper his poundage fees, and the
lawful expense for providing food and water for such
creatures, while in pound; which he shall be entitled to
r cover, in his action of replevin, against the impounder,
if it shall be found, that such creatures were unlawfully
sect. 11. No swine shall be allowed to go at large in
the highways or commons; and if any person or persons
suffer their swine to go at large in the highways or com-
mons, it shall be the duty of the haywards of the town,
and it shall be lawful for any person, to impound them ;
and the poundage shall be twelve cents for each swine, one
half of which shall be paid to the impounder, the other
half to the pound-keeper: and such swine shall not be
released, till the owner or owners shall have paid the
poundage, and the expense of keeping the swine till
released. Provided, that each town may permit swine to go at large, under such regulations as they may think proper; and where swine suffered to go at large in one town shall go into a town where they are restrained, they shall be under the same regulations as swine are in such town.
An Act prescribing the mode of preserving and certifying the Records of Justices of the Peace, in certain cases.
E it enacted by the Senate and House of Representatives, in General Assembly convened, That whenever a person, who, at any time has been, or exercised the office of a justice of the peace, shall die, or shall remove out of the state, or be removed from, or not appointed to, office, for some crime of which he shall be convicted, on impeachment or otherwise, his files and records shall be, by him, his heirs, executors or administrators, lodged in the town-clerk’s office, where he last resided : and the town-clerk is impowered and required, if need be, to demand and receive such files and records, to keep the same safely, and to give, when required, true and attested copies, which shall be legal evidence; and if such justice of the peace, or person who has exercised that office, shall refuse to deliver such files and records to the town clerk, within ten days after demand, he shall incur a penalty of five dollars, for each week he shall so neglect or refuse to deliver the same to the use of the county, where the offence is committed, to be recovered in an action brought in the name of the county treasurer. And the executor or administrator of such justice of the peace or person, shall, in like manner, deliver over to the town-clerk such files and records as are in his custody, belonging to the deceased, and on like notice and refusal, shall be subject to the same penalties, to be recovered in the same manner as herein provided.
secr. 2. Whenever any person, who has been, or has exercised the office of a justice of the peace, shall be removed from, or not appointed to, office, for other cause than a conviction of some crime, he shall have a right to perfect his records from the files, as occasion may require, and to give certified copies thereof, which shall be legal evidence.
Proviso, as to towns permitting swine to go at large.
Files and records of justices of the peace to be lodged with town-clerks.
Penalty, for refusing to deliver files and records.
Justices removed or not appointed, may perfect their records. and give copies.
Proceedings, where plaintiff in replevin fails to appear, &c.
An Act authorising Writs of Replevin.
SECT. 1 H%. enacted by the Senate and House of Rep-
- - - - resentatives, in General Assembly contened,
That every person shall have power to replevy his cat-
tle, goods or chattels, when impounded and distrained ;
provided, that any estate levied upon by execution, after
judgment, or taken by warrant, for fines or taxes, shall
not be replevied.
sect. 2. Writs of replevin shall be signed by a justice
of the peace, or other authority by law authorized to
sign writs, who shall take a bond, with sufficient surety,
conditioned that the plaintiffshall prosecute his action to
effect, and pay all damages and costs the adverse party
may recover against him.
sect. 3. When the damages demanded do not exceed
thirty-five dollars, the writ shall be returnable to a justice
of the peace but if the demand is more than thirty-five
dollars, the writ shall be returnable to the county court.
When a writ is made returnable to a justice of the peace,
the defendant may make avowry, and demand such
damages as he may have sustained : if the damages, de-
manded by the avowant, shall not exceed thirty-five dol-
lars, and shall be more than seven, such cause shall be
appealable to the next county court, though the demand
in the writ of replevin does not exceed seven dollars;
and the party appealing shall give bond, with sufficient
surety, to prosecute his appeal to effect, and answer all
damages in case he make not his plea good : if the dam-
ages demanded by the avowant shall exceed thirty-five
dollars, then such cause may be removed to the next
county court, in the same manner as when the defend-
ant pleads title to land in an action of trespass : Provid-
ed, that the avowant shall recover no costs, unless he
recovers more than thirty-five dollars damages. And
where the parties join issue upon a plea of title, such
action may be removed in like manner. -
sect. 4. If the plaintiff in the writ of replevin shall
fail to appear, or withdraw, or become non-suit, before
issue joined, then the defendant shall have power to make
a suggestion in the nature of an avowry, stating the inju-
ry he has sustained, and his claim for damages, and the
court shall proceed to enquire as on a hearing in damages.
and shall render judgment in favour of the i. to
recover such sum for the damages he has sustained as they
shall think just, and his costs. And if the plaintiff shall