Miscellaneous Laws 



ages done by such beasts, and the charges for keeping them, shall 

 be personally served on him ; if he resides elsewhere, and his post- 

 office address is known, such notice shall be served by mail or 

 personally. 



§ 390. Duties of fence viewers as to strays. The fence viewers 

 shall view the premises where damages are claimed to have been 

 done, and they may issue supoenas, examine witnesses and take 

 any competent evidence of the facts and circumstances necessary 

 to enable them to determine the matter submitted to them, and 

 shall determine any dispute that may arise touching the suffi- 

 ciency of any division fence around the premises where such dam- 

 age was done, and from where and how the beasts came upon the 

 lands of the person claiming such damages and charges ; if they 

 determine that for any cause the claimant's lien is not enforce- 

 able, they shall so certify, and the owner of the beasts shall there- 

 upon be entitled to them without paying any charges thereon. 



§ 391. Foreclosure of lien upon strays by action. When such 

 lien is foreclosed by action, all questions relating to damages, 

 charges, sufficiency of fence, and from where and how such beasts 

 came upon the lands of the person claiming such damages and 

 charges, shall be proven upon the trial of such action, and no 

 certificate of fence viewers upon such questions shall theu be 

 necessary. 



§ 392. Duty of pound-master as to strays; fees. Every pound- 

 master shall receive and keep all beasts delivered to him as herein 

 provided, until they shall be redeemed, sold or reclaimed, for 

 which he shall be entitled to a reasonable compensation, not ex- 

 ceeding fifty cents per day for a horse or mule, twenty-five cents 

 per day for each head of cattle, and fifteen cents per day for all 

 other beasts, to be determined by the fence viewer making the 

 sale, or the court before whom the action is tried, besides his fee^ 

 for taking and discharging the beasts, to be paid by the owner of 

 the beasts, if the lien is established, otherwise by the person claim- 

 ing a lien thereon. 



§ 393. Surplus money upon sale of strays. If the owner of the 

 beasts shall not appear and demand the residue of such moneys 

 within one year after the sale, he shall be thereafter precluded 



