316 APrENDIX. 



Skct. 34. The proceeds of such sale after paying all said damages, 

 costs, expenses, and charges for advertising and selling the heasts, shall 

 he deposited in the treasury of the city or town, for the use of the owner 

 of the heasts, in case he substantiates his claim thereto within two years 

 from the sale. 



Sect. 35. If the beasts lawfully distrained or impounded escape or 

 are rescued, the pound keeper, field driver, or other person, who dis- 

 trained tliem, may at any time within seven days thereafter retake the 

 beasts and hold and dispose thereof as if no such escape or rescue had 

 taken place. 



Skct. 3G. Whoever rescues beasts lawfully distrained or impounded 

 for any cause whatever, shall be liable in an action of tort brought by 

 any person injured to pay all damages which such person sustains there- 

 by, and the lees and charges incurred before the rescue ; and he shall 

 also forfeit a sum not less than five nor more than twenty dollars, to be 

 recovered by complaint. 



Sect. 37. The defendant in an action brought for rescuing beasts 

 distrained or impounded shall not be allowed to allege or give in evidence 

 the insufficiency of the fences, or any other fact or circumstance to show 

 that the distress or impounding was illegal ; but if there is such ground 

 of objection to the proceeding of which he is entitled to avail himself, he 

 may have the advantage thereof in an action of replevin. 



Sect. 38. If the owner of a ram or he goat suffers it to go at large 

 out of his enclosure between the first day of July and the twenty-fifth 

 day of December, he shall forfeit five dollars for each offence, if prose- 

 cuted within thirty days next after such ram or he goat is found going 

 at large, to be recovered on complaint in the county in which such owner 

 lives. 



CHAPTER 82. 



OF THE PRESERVATION OF CERTAIN BIRDS AND ANIMALS. 



Section 1. Whoever between the first day of March, and the first 

 day of September takes, kills, or destroys, any of the birds called par- 

 tridges or quails; or between the first day of March and the fourth day 

 of July take% kills, or destroys, any of the birds called woodcock; or at 

 any season of the year takes, kills, or destroys, any of the birds called 

 robins, thrushes, linnets, sparrows, bluebirds, bobolinks, yellow-birds, 

 woodpeckers, or warblers; or within the respective times aforesaid sells, 

 buys, or has in his possession, any of said birds taken or killed in this 

 state or elsewhere, shall forfeit for every such partridge, quail, or wood- 

 cock, five dollars, and for every other of said birds, two dollars. 



Sect. 2. Whoever at any season of the year takes, kills, or destroys, 

 by means of traps or snares, any of the birds mentioned in the preceding 

 section, except partridges, shall forfeit for every such bird so taken, 

 killed, or destroyed, five dollars. 



Sect. 3. The mayor and aldermen and selectmen of the several 

 cities and towns shall cause the provisions of the preceding sections to 

 be enforced in their respective places. 



