30^ STATE BOARD OF AGRICULTURE. 



having the care of or control of them, if known to you and living within six 

 miles from the place where the beasts are confined, which notice shall be 

 delivered to the party or left at his place of abode, and shall contain a descrip- 

 tion of the beasts and a statement of the time, place, and cause of impound- 

 ing them. If there is no person entitled to notice, you are required within 

 forty-eight hours to cause a written notice, containing a description of the 

 beasts and a statement of the time, place, and cause of impounding to be 

 posted up in three public places in the township, and in a public place in each 

 of any two adjoining townships, if within four miles from the place where the 

 beasts were taken. 



In case notice is given by posting, if no person shall appear to claim the 

 beasts within seven days after the day the beasts are distrained or shut up, 

 a like notice must be published for three successive weeks in some public 

 newspaper, if any then shall be published within twenty miles of the place where 

 the beasts are shut up, the first publication to be within fifteen days after the 

 day of seizure and confinement. 



Now understand, that if you intend to pursue this remedy in case of beasts 

 doing damage, you must strictly comply with all the requisites of the law. If, 

 however, you should choose to do so, you can relinquish this proceeding and 

 pass the cattle over to the owner or keeper, at any time before you have 

 received satisfaction for the damages sustained, and bring the action of tres- 

 pass, or trespass on the case, as you may see fit, taking heed that you have 

 properly cared for the cattle and have complied strictly with all the require- 

 ments of the law so far as you have pursued your remedy by distraint. 



If the owner or keeper of the cattle shall be dissatisfied with your claim, he 

 may have the amount ascertained and determined by two disinterested and 

 discreet persons, to be appointed and sworn by a justice of the peace ; and the 

 sum determined by them you are obliged to receive and restore the beasts to 

 the owner or keeper. 



But if the sum you claim for damages shall not be paid within fourteen 

 days after notice of the impounding or shutting up shall have been given, 

 or after the last publication of such notice in the proper newspaper, and the 

 amount shall not have been determined by men appointed by the justice of 

 the peace, you must then apply to a justice of the peace and obtain a warrant 

 to two disinterested and discreet persons to be appointed and sworn by the 

 justitice ; and the persons so appointed and sworn shall ascertain and deter- 

 mine the sum due for damages, costs, and expenses for which they are shut 

 up and detained, including a reasonable compensation for their services. 



If the sum so found to be due shall not be forthwith paid, you must cause 

 the beasts to be sold by auction, in the township where they were impounded, 

 first advertising the sale by posting up a notice thereof in three public places 

 in the same township, at least five days before such sale ; and this notice 

 should specify the time and place of sale. The proceeds of the sale, after 

 paying all the damages, costs, and expenses, with the charges for advertising, 

 if any, and the selling, must be deposited in the treasury of the township, for 

 the use of the owner, in case he shall substantiate his claim thereto within two 

 years from the time of sale. 



The most punctilious regularity is necessary in making a distress for dam- 

 ages done; and the statute which I have given must be strictly complied with. 

 Very often, the least deviation from the law in taking and disposing of beasts 

 ■will subject the party to a replevin or an action of trespass or trover for the 

 value of the beasts distrained. 



