316 impounding; injuries on highways, etc. 



But the impounder must comply with all the statutory pro- 

 visions with regard to impounding or he will be a trespasser 

 ab initio?^ This has been held to be the case with regard to 

 the memorandum to be left with the pound-keeper,^** the 

 ascertainment of damages by fence-viewers,^' and the notice 

 to be given to the owner.^^ But where the statute defined 

 the form of notice to be given forty-eight hours after the im- 

 pounding, it was held that a verbal notice given at once was 

 sufificient, the owner of the animals not being injured by the 

 omission.^" And where the owner replevied the cattle within 

 twenty-four hours after the impounding, it was held that he 

 could not afterwards object that no statutory notice was 

 given.*° So, if he discovers the facts within the time allowed 

 for giving notice and refuses to pay reasonable damages.*' 

 A ngtice given by a field-driver to the owner of cattle that 

 they are impounded for going at large on a public highway 

 is prima facie evidence that they were so at large and puts on 

 the owner the burden of proving the contrary.*^ Failure to 



^' Merrick v. Work, lo Allen (Mass.) 544; Smith v. Gates, 21 Pick. 

 (Mass.) 55; Fitzwater v. Stout, 16 Pa. St. 22; Sutton v. Beach, 2 Vt. 42; 

 Frazier v. Goar, i Ind. App. 38; Nafe v. Leiter, 103 Ind. 138. 



'"Sherman v. Braman, 13 Mete. (Mass.) 407; Newhouse v. Hatch, 126 

 Mass. 364; Morse v. Reed, 28 Me. 481; Palmer v. Spaulding, 17 id. 239. 



'' Merritt v. O'Neil, 13 Johns. (N. Y.) 477, where the fact that the owner 

 of the animals was himself the pound-master was held to be no defence. 



'" Rounds V. Stetson, 45 Me. 596; Hanscom v. Burmood, 35 Neb. 504; 

 Forsyth v. Walsh, 4 Ind. App. 182. See Young v. Rand, 18 N. H. 569. 



For notice held sufficient, see Goodsell v. Dunning, 34 Conn. 251; Pick- 

 ard V. Howe, 12 Mete. (Mass.) ig8; Moore v. Robbins, 7 Vt. 363; Hooper 

 V. Kittredge, 16 id. 677. 



For notice held insufficient, see Sanderson v. Lawrence, 2 Gray (Mass.) 

 178; Coffin V. Field, 7 Gush. (Mass.) 355; Jones v. Dashner, 8g Mich. 246. 



"" Sweeney v. Sweet, 14 R. I. 195. 



"Wild V. Skinner, 23 Pick. (Mass.) 251, where it was also held that 

 where cattle may be impounded "at any time," it may be done on Sunday 

 as a work of necessity. 



" Norton v. Rockey, 46 Mich. 460. 



" Pickard v. Howe, 12 Mete. (Mass.) 198. 



