170 STATE BOARD OF AGRICULTURE. 



confined there, but as is commonly the case there is no pound and 

 the person suffering the damage has the right to shut up the animals 

 in his own enclosure and hold them for the damage suffered. It is 

 safe to say that in the majority of cases where animals are so im- 

 pounded, the person taking them up does not know what to do with 

 them in compliance with the law after he has them shut up. 



The person shutting up beasts must within twenty-four hours there- 

 after give notice in writing to the owner or person having the care 

 and control of the beasts, if that person be known and is living with- 

 in six miles of the place of impounding. This notice shall be deliv- 

 ered to the party or left at his last place of abode, and shall contain 

 a description of the beasts and a statement of the time, place and 

 causes of impounding. 



If there is no one entitled to notice as above, the person impound- 

 ing the beasts shall within forty-eight hours thereafter cause notice 

 to be posted in three public places in the township and in one public 

 place in each of any two adjoining townships, if within four miles of 

 the place thej were taken, a written notice containing a description 

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

 ing. If notice be by posting and no person appear to claim the beasts 

 within seven days after impounding, then a like notice is to be pub- 

 lished for three successive weeks in some public newspaper, if there 

 be such paper within twenty miles of the place of impounding, and the 

 first publication must be within fifteen days after impounding. Sup- 

 posing the owner of the beasts to be known and to have received no- 

 tice, he may pay the claim made by the person impounding the beasts 

 and is then entitled to take his animals away. But if he is dissatisfied 

 with the claim made, then he may demand that some justice of the 

 peace appoint two disinterested and discreet persons and put them 

 under oath to determine the amount that shall be paid, and the sum 

 determined by them shall be received instead of the sum demanded by 

 the person who impounded the beasts. 



In case the sum for which the beasts are impounded shall not be 

 paid within fourteen days from the date of notice, or after the last pub- 

 lication, of notice in the newspaper where that method is required and 

 the amount shall not have been determined by persons appointed by 

 the justice as above noted, then the person who did the impounding 

 shall apply to a justice of the peace and have two disinterested and 

 discreet persons appointed and sworn by the justice, and these persons 

 sh-Qll ascertain and determine the amount that ought to be paid by the 

 owner or keeper of the beasts for damages, costs and expenses for 

 which they are impounded and detained, and this sum shall include a 

 reasonable compensation for their own services. And if the sum so 

 found due is not forthwith paid, then the animals are sold at auction 

 on five days' notice, given by posting in three public places in the 

 township where impounded, and from the proceeds of the sale all dam- 

 ages, costs, expenses and charges for advertising and selling are paid, 

 and the balance is deposited in the treasury of the township for the 

 use of the owner of the beasts in case he substantiates his claim there- 

 to within two years from the time of sale. 



Any rescue of impounded beasts is an illegal act, and they may be 

 re-taken by the poundmaster or person holding them, and the person 

 rescuing them is liable to a penalty of twenty dollars to be recovered 



