IMAGE EVALUATION TEST TARGET (MT-S) -

f any pound ;i<^e fees, on irivinor satisjfatitory s"<;uritv to the pound-kce]»crfor id, costs, damages, and poundage fees, that may be ;tftir deliver tu the pound keeper, duplicate statements, in writini:; of his demands agamstthe owner for damage, ( if any ) not exceeding twtinty dollars ($20.0o) done by such animal exclusive ol such pouudfiue fees, and shalj also give his written agreement, with ^('(m^iT3^ it require*! by the poundkeqjer, in the following form, or \\- IHK fii case an animal is imijounded, notices for the sale thereof shall be given by the Poundkeeper ol person who impounded the animal within fortyeight hours afterwards, but no swine or pig shall be sold till after four clear days, nor any horse, or other cattle till after eight clear days trom th(^ ticne of impounding the same. The notices of sale may be written or printed, and shall be athx- ed and continued for three clear successive days, in three public places in the Municipality, and shall specify the time and place at which the animal shall be sold, if not sooner replevied or redeemed by the owner, or some one in his behalf, paying the penalty (if any) claimed for damage decided to have been committed by the animal to the property of the person who made the distraint, toge ther with the lawful fees and chaiges of the pound -keeper, and also of the fence- viewers, (if any) and the expenses of the animals keeping. Every Pound-keepei-, and every person who impounds, or confines, or causes to be impounded or confined, any animal in the common pound, or in auy open or close pound, or in any enclosed place, shall duly lurnish the animal with good and sufficient food, water and shelter, during the time thit sin:h animal continues Impounded or confined. . Every such person who furnisheH the animal with food, water and shelter, may recover the value thereof from the owner of the animal, and also a reasonable allowance for his time, trouble and atten- dance in the premises. i The value or allowance as aforesaid may be recovered with costs by summary proceedings ijefore any Justic*; of the Peivce within whose jurisdiction the animal was impounded, in like manner as fines, penalties or forfeitures tor the breach of any by- law of the Municipality may be recov.-red, and enforced by a single Justice of the Peace; and the Justice shall ascertain and determine the amount of such value and allowance when not otherwise fixed by law, adhering as tkr as possible to the tarifl' of pound-keeper's fees and charges established by the by-laws of the Municipality. The PoUDd- keeper, or persoD so entitled to proceed, may id stead of such summary proceedings, enforce remuneration to which he m;iy be entitled in manner hereinafter mentioned ; i.e., incase it is by affidavit proved before one of the Justices aforesaid, to his satisfaction that all the proper notices had been duly affixed and published in the manner and for the respecctive times above prescribed, then if the owner or some one for liim, does not within the time specified in the notices, or before the sale of the animal, replevy or redeem the same in manner aforesaid, the Pound-keeper who impounded the animal may publicly sell the animal to the highest bidder, at the time jin*! place mentioned in the afore- said notices. And after deducting tlie penalty, and damage (if any) and fees and charges, shall apply the produce in dis- • 'harge oi the value of the food and nourishment, loss of time, trouble and attendanc'% so supplied as aforesaid, and the expense of driving or couveyiR;^ and impounding or confining the ani mal, and of the sale, "and attending the same, or incidental thereto, and of the damages when legally (daimed (not exceeding twenty dollars) to be ascertained as aforesaid done by the animal to the property whose suit the same was distrained, and shall re- turn the surplus (if any) to the original owmr of the animal, or if not claimed by him within three months after the sale, the Pound-keeper shall pay the sur])lus to tlu.> treasurer of, and for the use of th(i Municipality. ♦ If the owner, within forty-eight hours after the delivery oi' such statements, as provided in the eighth section, disputes the amount of damages .so cliimed, the amount shall be decided by the majority of three fence-vie.wf.'rs of the Municipality, one to be named by the owner of the animal, on<' by the pei-son distraining or claiming damages, arid tlu^ tlunl by the Pound-keeper. Sucli fence-viewers or ;iny two ot them shall within twenty foui- hours aftei- notice of their ;ippointment as aforesaid, view the fence and the jrround upon which the animal was found doing damage, a.iid determine whether or not the fence was a lawful one, according to the statutes oi- by-laws in that behalf at the time of the tr(?spa-;s : and if it was a lawful fence, then they shall appraise *«l> the (kiiiuoo.s roinniittcd, and vviihiu tw^'iity timi' hours jifUr hav- ing inufh' tlu' view, shall dciiv. i to tlie P(aiiHl-k. eper :. written .stutoment signed by at leist two of them ut' theii' appruisenu'iit, and of their hiwful fees and ehariies. Tf thereiice-vicwersdetiic that the fence was not a lawful one, they shad certify the same in writing under their hands to- gether with a statement of their lawful f ,-es to the Poun.ikeeper who shall upon payment of all lawful fees and charges, deliver .;'Uch animal to the owner, il' clamed before the sale thereof ; but d not claimed, or if such fees and charges are not paid, the Poun