314 APPENDIX. 



has been performed, he may recover in an action of tort double the 

 amount of such fees. 



Pounds and Impounding of Cattle ; Field Drivers. 



Sect. 18. Each city and town shall at its own expense, and in such 

 places therein as the city council of the city or the inhabitants of the 

 town direct, maintain one or more sufficient pounds. A city or town 

 that for three months neglects to provide or maintain a sufficient pound, 

 shall forfeit fifty dollars. 



Skct. 19. Whoever wilfully injures a city or town pound shall be 

 punished by fine not exceeding fifty dollars or by imprisonment in the 

 common jail not exceeding ninety days. 



Sect. 20. Each city and town shall annually appoint a suitable 

 keeper of each pound therein. 



Sect. 21. Every field driver, within his city or town, shall take Tip 

 at any time swine, sheep, horses, asses, mules, goats, or neat cattle, going 

 at large in the public highways or townways, or on common and unim- 

 proved lands, and not under the care of a keeper ; and for any such 

 cattle or beasts, so going at large on the Lord's day, the field driver or 

 any other inhabitant of the city or town may, in an action of tort, recover 

 for each beast the same fees which the field driver is entitled to receive 

 for like beasts when distrained and impounded. 



Sect. 22. "When beasts are so taken up and distrained by a field 

 driver, they shall be forthwith impounded in the city or town pound, and 

 the keeper shall furnish them with suitable food and water while they 

 are detained in his custody. 



Sect. 23. The field driver shall be entitled to fifty cents per head 

 for horses, asses, mules, and neat cattle, and ten cents per head for sheep, 

 goats and swine so taken up by him, and the pound keeper shall be 

 entitled to four cents per head for the animals so impounded ; but if more 

 than ten sheep are taken up at the same time, the fees for all above that 

 number shall be only one-half of the above fees. 



Sect. 24. The pound keeper shall not deliver to the owner any 

 beasts so impounded until the owner pays him his fees, the expense of 

 keeping the beasts, and the fees of the field driver, which latter, when 

 received, he shall pay to the field driver. 



Sect. 25. When a person is injured in his land by sheep, swine, 

 horses, asses, mules, goats, or neat cattle, he may recover his damages in 

 an action of tort against the owner of the beasts, or by distraining the 

 beasts doing the damage, and proceeding therewith as hereinafter 

 directed ; but if the beasts were lawfully on the adjoining lands, and 

 escape therefrom in consequence of the neglect of the person who suffered 

 the damage to maintain his part of the division fence, the owner of the 

 beasts shall not be liable for such damage. 



Sect. 26. The beasts so distrained for doing damage, shall be 

 impounded in the city or town pound, or in some suitable place, under 

 the immediate care and inspection of the person who distrained them, 

 and he shall furnish them with suitable food and water while they remain 

 impounded. 



Sect. 27. If the beasts are impounded in the city or town pound, 

 the distrainer shall leave with the pound keeper a memorandum in 



