FARMERS' INSTITUTES. 171 



in an action. In case of a rescue, the person so rescuing cannot de- 

 tend against an action for this penalty on the ground of insufticiency 

 of fences, though he may do so if he pursiies his lawful rights. 



Another and perhaps the most common method for getting your ani- 

 mals back if you have them improperly destrained is to replevin them, 

 in which case on your giving security as provided to the person who has 

 impounded the animals the beasts will be returned to you^ and then if 

 the reason for impounding is found to be correct, the owner of the 

 beasts will pay all of the damages and the costs, charges and expenses, 

 and the costs of the action of replevin. Whereas, if it appear upon 

 the trial that the beasts were destrained without any sufficient cause, 

 then the owner of the beasts gets damages for the unlawful detention 

 and his costs of the replevin suit. 



Another law very closely related to the one we have just been con- 

 sidering is the act to prevent the running at large of animals. Ani- 

 mals cannot run at large in the highways unless by resolution of the 

 board of supervisors such running at large is permitted. If no such 

 resolution is in force in your county, it is the business of the over- 

 seer of the highways to seize and take into possession any animal which 

 is forbidden to run at large and which may be running at large in any 

 highway of which he is overseer. 



It is also lawful for any person to seize and take into his custody 

 and possession any animal which may be in any public highway oppo- 

 site the land owned or occupied by him with no keeper in charge and it 

 is equally the right of any person under this law to take into his pos- 

 session any animals which have entered his premises from the high- 

 way. 



The person taking up estrays shall forthwith cause a description of 

 the animal or animals to be entered upon a book to be kept by the 

 clerk of the city, town or village in which the animals are taken up, 

 and he thereupon gives immediate notice to a justice of the peace or 

 the commissioner of highways of the township in which such seizure 

 and possession shall have been taken and such justice or commissioner 

 gives notice by affixing the same in three public and conspicuous 

 places in the town, city or village, one of which places shall be 

 the district schoolhouse nearest the residence of such justice or com- 

 missioner. 



This notice contains the information that such animal or animals 

 will be sold at public auction at some convenient place which is named 

 in the notice, which time shall be not less than fifteen or more than 

 thirty days from the time of posting notice. At this time the animals 

 are sold at auction, and the charges of the impounding and sale and 

 advertising are deducted, and the surplus is to be retained by the jus- 

 tice or commissioner and paid to the owner or owners of the animal 

 if he shows his right to the same within one year after the sale. If 

 he does not show his right within that time, the price of the animal i^ 

 forever lost to him. It goes to the treasurer of the township and his 

 receipt is a discharge to the justice and commissioner. The owner of 

 the animal, however, has a right to redeem his beast at any time 

 within six months after sale by paying the expenses of the custody and 

 sale and a reasonable compensation for keeping the same. 



The owner of the animal may likewise at any time before sale 

 demand possession of the animal, and upon payment b}' him of the costs 



