314 BOARD OF AGRICULTURE. 



must lose the keeping of t?ie animal, and forfeit one per cent, of 

 its value for each week till he does impound or the forfeiture 

 amounts to the value of tlie boast. In other words, you may liold 

 animals for the purpose of impounding and not otherwise. 



Now, how are you going to take care of your neighbor's cattle 

 if this impounding is as difficult as I have described it? and it cer- 

 tainly is, as any lawyer will say. There may have been rriany 

 cases where cattle have been impounded and sold, and where the 

 parties have submitted to the sale ; but there has been scarcely an 

 instance, within ten vears, where the case would have been found 

 sound throughout. I know of none. You may say that the 

 advice I am going to give is selfish. Not entirely so. There 

 is a remedy "short, sharp and decisive," and that is the remedy 

 by writ called trespass quare clausum /regit. Bring your action 

 of trespass against the owner or keeper of the cattle, and attach 

 the cattle as for a lien upon them, and you may lu^ld them even 

 though it is the man's last cow. Some would say, " r;?mre " or 

 " dubitalor," hntl do not; I will give others the benefit of the 

 doubt. I say you may hold any animal by this lien, if you pro- 

 ceed as you ought, although it is more difficult than the ordinary 

 practice. There are a few instances in which general rules do not 

 apply. For instance, take the law with relation to taxes. A last 

 cow may be taken for taxes, but the implements of husbandry can 

 not be. But ordinarily, men who own cattle are able to pay the 

 damages resulting from their trespass. You may attach their 

 other property or resort to the lien, and your case is sure. You 

 may bring your action directly in the Supreme Judicial Court, and 

 recover full costs. In ordinary personal actions, where the dama- 

 ges to be recovered are loss than $20, the plaintifi" cannot re- 

 cover as costs a sum larger than one-quarter of liis damages, 

 though the costs should bo a huiiilr(;(i dollars oi- niorc! ; but in 

 trespass quare clausum f regit, he may recover full costs, though he 

 recover only one cent damages. 



You may say that I am selfish, in that a lawyer must be applied 

 to in this case. Suppose he is ; he may make five dollars out of 

 the operation, and ordinarily does out of a writ of trespass of this 

 kind; but impound an animal, with all the diniciiltics that lie in 

 the way, and you will probably involve yourself in your attempt 

 to confiscate another's cattle, in a law suit, which will cost you a 

 great deal more than an action of trespass, and the lawyer will de- 

 rive a much larger fee than he would in the trial of a simple action 



