164 BOARD OF AGRICULTURE. 



forgiving his cattle their trespasses. If a man ever allows 

 himself to violate the third commandment, he is tempted to 

 use that outlet for his indignation when he jumps up from 

 the dinner-table in a hot day in July to drive his neighbor's 

 breachy cattle for the seventh time out of his garden or corn- 

 field. It might, perhaps, alleviate his sufferings to know, 

 that, if they then stray away and are lost, it is not his fault, 

 and the owner has no claim on him (18 Pick. 227; 6 N. H., 

 213; 10 Vt. 71; 32 Penn. St. 58, 65); and he may even 

 mildly hasten their departing steps by the aid of a good- 

 sized dog (23 Vt. 236 ; 9 Mich. 158 ; 18 Vt. 425) ; and if the 

 dog, in the excitement of the moment, takes a bit out of the 

 nose or ear of the trespassing cattle, its owner is not bound 

 to supply another. 



The second remedy of a suit at law is more peaceful, but 

 slower, and more likely to benefit the lawyer than the farmer. 

 Impounding is the most summary, and generally the most 

 effective, but is surrounded with legal dangers ; and a slight 

 mistake is often fatal, and, like 



" Some muskets aimed at duck or plover, 

 Bear wide, and kick their owners over." 



The general outline of this remedy is this. If any person 

 actually finds any sheep, swine, horses, or neat-cattle doing 

 damage in his land, he may drive them to the town pound, or 

 some other suitable place, giving them sufficient food and 

 water ; or he may shut them up in his own yard for a reasona- 

 ble time before driving to the pound, and in the mean time 

 send a memorandum to the owner of the animals, stating the 

 cause of impounding them, the amount of damage done by 

 them, the charges for feeding, &c., in order that the owner 

 may come and pay the damages, and take away the beasts. 

 If he does not come, or if the party impounding prefers, he 

 may, in the first instance, drive them to the pound, or send 

 for a field-driver (who is generally the last married man in 

 town), and request him to impound them, sending a similar 

 memorandum to the pound-keeper, and also a written notice 

 of the fact to the owner of the animals, within twenty-four 

 hours, containing a description of the beasts, and a statement 

 of the time, place, and cause of impounding. Before the 

 owner can release his animals, he must pay the damages and 



