TOWN POUNDS. — VICIOUS ANIMALS. 165 



all the expenses ; and, if he decline to do so, they may be 

 sold by public auction, and the balance of the proceeds above 

 the expenses deposited with the town treasurer for the bene- 

 fit of the owner. This remedy seems to be seldom resorted 

 to in modern days ; for, in most of the town pounds which 

 we pass, we notice that the gate is entirely gone, or so dilapi- 

 dated as to furnish very little security against the escape of 

 animals confined therein : nevertheless every town is still 

 liable to a fine of fifty dollars for not keeping one .or more 

 suitable pounds. 



A recent law of this Commonwealth has added one more 

 very important protection against invading animals, making 

 the owner of any sheep, cattle, horses, swine, or foivls, liable 

 to a fine of ten dollars if he wilfully allows them to enter 

 another's orchard, garden, mowing-land, or other improved 

 land, after receiving written notice from the owner forbidding 

 it (St. 1878, c. 168). This statute extends to fowls, which 

 the laws in regard to impounding did not. 



farmer's liability for his animals. 



Passing from the subject of cattle straying away, and doing 

 damage on other people's grounds, we have next to consider 

 how far the farmer is liable for their good behavior in the 

 public streets, or even on his own premises. It is clear 

 enough, that if a vicious horse by the city sidewalk suddenly 

 nips a piece out of your coat-sleeve as you are passing by, 

 and his owner knew his habits, he is bound to pay the tailor's 

 bill ; whereas if he only frightens you, and makes you jump, 

 you have no redress, for that is what the law calls damnum 

 absque injuria. That is an innocent expression in itself; but, 

 if you give an excited utterance to it, a bystander might 

 think 3^ou were indulging in forbidden language ! 



It may not be generally understood that if a man turns his 

 animals loose into the public liighway, and they there injure 

 the person or property of another lawfully using the way, the 

 owner is responsible for all damages they may do, whether he 

 knew they had any dangerous disposition or not (4 Allen, 

 444; 39 N.Y. 400). He had no right to let his cattle run 

 loose in the public highway. In one instance a man let 

 his horse go out to feed in a public place where some very 

 young children were playing, and some of them began to 



