270 TREATMENT OF ANIMALS IN POUND. 



and supply it with food and water, without being subject to an action 

 of trespass, and recover the reasonable cost of such food and water from 

 the owner of the animal, before it is removed. As it was doubtful 

 whether this latter act gave any remedy to the person impounding for 

 the recovery of the value of the food and water supplied, and certainly 

 gave no power to sell the animal, although full provisions for those pur- 

 poses were given by 5 & 6 WiU. IV. c. 59 (repealed), stat. 17 & 18 Vicf. 

 c. 60 was enacted, which provided by section 1 that all persons who had 

 impounded animals, &c., since 12 & 13 Vict. c. 92, or should hereafter 

 impound them, might recover from their owners not exceeding double 

 the value of the food and water so already or hereafter to be supplied, 

 and might sell them pul)licly in the market after the expiration of seven 

 clear days from the time of the impounding, and after having given three 

 days' public printed notice thereof, and after discharging the value of 

 such food and water, sale expenses, &c., hand over the surplus (if any) 

 to the owner. 



By section 1 of 6 & 7 Vict c. 30, jwrsons relmshnj or afffm^jfinf/ to 

 release cattle imjm/nded, or ilamafjing any pound, etc., upon conviction 

 before justices are to forfeit £5, or be imprisoned for not less than four- 

 teen days in default of payment. For decisions on 5 & 6 WiU. IV., 

 c. 59, as to supplying animals in the pound with food and selling them 

 for its value, see Machcll v. Ellis, Laijton v. Harry, and Mason v. Neiv- 

 hnd. A distrainor cannot work or use the thing distrained, as he has 

 only the custody of it as a pledge (Bac. Ab. tit. Distr. D). Cows may 

 be milked in the pound, and there is no difference in this respect 

 between those taken for a distress, or in ivWiernam or as estrays. And 

 see the cases collected in Gilbert's " Law of Distress," page 65. 



Impounder hound to know state of pound. — A person who distrains 

 cattle damage feasant is bound, at his peril, to take care that the place 

 in which he impounds them is in a fit and proper state, and is hable for 

 the consequences if it is not {Biynell v. Clark) and {Wilder v. Speer, 

 8 Ad. & E. 547.) 



Where cattle distrained damage feasant were in a private pound (an 

 outhouse), and the distrainor's wife admitted that they were to be for- 

 warded to a public pound, the tender of amends was not too late. Here 

 there was abundant evidence that the wife was authorized to receive such 

 tender. It was not too late, as the cattle were not in the custody of the 

 law (Broume v. Poa-etl). And semUe per Best C.J., the piovnd of the lord 

 of the manor is the only pound sufficient to make a tender of amends 

 too late ; and if it were otherwise, the distrainor by impounding on the 

 spot where he takes the cattle, or very near, might exclude the possibility 

 of any tender being made {ib.) (4 Bing. 230). 



