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Penalty for neglect.

Society, or
particular
part of a town,
may have a
pound.

When beasts

are impound ed, notice to be given to the owners.

Penalty for neglect.

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 forfeit 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 expense, to erect a pound or pounds, for their own convenience, (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 selectmen 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 impounded any creatures, he shall give notice thereof, within twenty-four hours, if the owner be known; and on neglect 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 owner thereof, 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 impounded.

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 description of them, with their natural and artificial marks, and the place where taken; and if a newspaper is printed in the same or an adjoining town, by publishing such description in such newspaper; and if no owner shall appear 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 inclosure, 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 fenceviewers shall judge the fence to be sufficient and lawful, then they shall estimate the damages done in such inclosure, 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.

town-book.

SECt. 5. The marks, natural and artificial, of the crea- Description of tures, so sold, shall be entered in the town-clerk's office, beasts to be with an account of the charges, and the price for which entered in they sold, and the overplus, if any, after the town-clerk shall be paid for the entry, shall be delivered to the towntreasurer, 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 Right of owsheep and swine, or twenty days, in the case of other creatures, he shall have right to replevy the same.

ner to replevy.

plevy, after

Proviso, as to

SECT. 6. If any person, whose creatures are impound- Duty of owned, shall not, within twenty-four hours after notice given er to reto him, replevy the same, he shall incur the same penal- 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- tender of damferent freeholders of the town, to estimate the damages ages and costs. 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 creatures, 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.

be recovera

ble.

SECT. 7. No person shall be entitled to a recovery for In what cases damages done in his inclosure, through the insufficiency damages shall of his fence, unless such damages were done by swine or horses, or other creatures, that go at large on the commons 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 recover poundage and damages.

SECT. 3. If any person shall rescue any creatures liable Rescue. to be impounded, out of the hands or custody of any person or persons going to pound with them, or shall attempt to prevent him or them from driving such creatures to pound, or shall resist them therein, such person, so offending, shall forfeit the sum of four dollars and if Penalty. any person shall break the pound, or in any way, convey Pound-breach.

Penalty.

Escape from pound.

Prosecutions limited.

Towns to appoint poundkeepers.

food and wa

ter.

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 injured 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.

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 damagefeasant 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 lawfully brought to pound, and to provide for them necessary food and water, while in pound, for which he shall be Allowance for allowed twelve cents per day for horses, cattle, asses, mules, and swine, each; and three cents per day, for Poundage fees. 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 owners of any beasts impounded shall not redeem or replevy 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 recover, in his action of replevin, against the impounder, if it shall be found, that such creatures were unlawfully impounded.

Swine, how restrained.

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 commons, it shall be the duty of the haywards of the town, and it shall be lawful for any person, to impound them; Poundage fees. and the poundage shall be twelve cents for each swine. Le 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 Proviso, as to towns permitto go at large, under such regulations as they may think ting swine to proper; and where swine suffered to go at large in one go at large. town shall go into a town where they are restrained, they shall be under the same regulations as swine are in such town.

TITLE 79. Records.

An Act prescribing the mode of preserving and certifying the Records of Justices of the Peace, in certain cases.

Files and re

cords of justi

ces of the

BE SECT. 1. 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 peace to be lodged with be convicted, on impeachment or otherwise, his files and town-clerks. 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,

Penalty, for refusing to de

liver fles and records.

to keep the same safely, and to give, when required, true To give coand attested copies, which shall be legal evidence; and if pies. 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 Executors, &c peace or person, shall, in like manner, deliver over to the liable. 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.

Justices re

moved or not appointed,

SECT. 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 may perfect than a conviction of some crime, he shall have a right to their records. perfect his records from the files, as occasion may require, and to give certified copies thereof, which shall be legal

evidence.

and give co

pies.

Power to re

plevy

property impounded or distrained.

Signing, and bond for pros

ecution.

To what court

returnable.

Avowry.

Appeal.

TITLE 80. Replevin.

An Act authorising Writs of Replevin.

SECT.1.

Eit enacted by the Senate and House of Representatives, in General Assembly convened, That every person shall have power to replevy his cattle, 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 plaintiff shall 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 writs shall be 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, demanded by the avowant, shall not exceed thirty-five dollars, 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 damages 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 defendant pleads title to land in an action of trespass: Provided, 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.

Removal.

&c.

SECT. 4. If the plaintiff in the writ of replevin shall Proceedings, fail to appear, or withdraw, or become non-suit, before where plaintiff issue joined, then the defendant shall have power to make in replevin fails to appear, a suggestion in the nature of an avowry, stating the injury 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 defendant, to recover such sum for the damages he has sustained as they shall think just, and his costs. And if the plaintiff shall

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