CHAP. 30. Each town to keep a pound. 1834, 137, § 1. Penalty for neg- Penalty for $ 1. beasts going at large. May be impounded. 1834, 137, § 2. Penalty for ungelded horses and rams, going at large. 1834, 137, § 2. Towns may permit beasts to go at large. SECTION 1. Each town shall constantly keep and maintain, in such places therein, as the inhabitants thereof shall direct, one or more sufficient pounds for the reception of such beasts, as may be, by law, liable to be impounded. SECT. 2. Every town that shall neglect, for six months, to provide and maintain such pound, shall forfeit a sum, not less than fifty dollars; to be recovered by indictment before the district court, and to be expended by an agent, to be appointed by said court, for the use of said town, to build or maintain such pound or pounds. SECT. 3. If any horse or horse kind, ass, mule, swine, goat, sheep, or neat beast, shall, at any time, be found going at large, without a keeper, in the highways, roads, town ways or commons of the town, the owner thereof shall forfeit seventy five cents for every horse, horse kind, ass or mule; twenty five cents for every swine, goat or neat beast; and ten cents for every sheep; recoverable by action of debt, as hereinafter provided: or the same beasts may be impounded in any pound of the town, till the forfeiture aforesaid, with the charges of impounding and keeping such beasts, and all fees, shall be paid by the owner or claimant. SECT. 4. If such horse be an ungelded male, of one year old or upwards, the owner thereof shall forfeit a further sum of four dollars. If any ram or he goat shall be found going at large, in any place out of the owner's inclosure between the tenth day of August and the twentieth day of November, the owner thereof shall forfeit a further sum of five dollars. SECT. 5. Any town, notwithstanding the provisions of the third and fourth sections of this chapter, may, by vote thereof at the 1834, 137, 2. annual meeting, permit cows, and any other particular description of neat beasts, to go at large within such town, or any specified part thereof, at any, or all times, within one year from the meeting. may sue for train. 1821, 44, § 2. 1834, 137, § 3. SECT. 6. When any person is injured in his land, by sheep, CHAP. 30. swine, horses, asses, mules, goats or neat cattle, whether in a com- Persons, injurmon or general field, or in a close by itself, he may recover his ed by beasts, damages, in an action of trespass against the owner of the beasts, damages, or disor by distraining the beasts, or any of them, doing the damage, and proceeding therewith, as hereinafter directed; provided, that if the beasts shall have been lawfully on the adjoining lands, and shall 6 Mass. 90. have escaped therefrom, in consequence of the neglect of the per- 16 Mass. 33. 2 Greenl. 72, son, who had suffered the damage, to maintain his part of the par- 408. tition fence, the owner of the beasts shall not be liable for such 5 Greenl. 356. damage. There shall be annually chosen, in every town, a suitable person, to keep each pound therein, and he shall be sworn to a faithful discharge of his trust. SECT. 8. Said pound keeper shall keep a book, wherein he shall record, at length, the certificates, he shall receive from persons committing beasts to the pound, or finding stray beasts, and a single copy of all advertisements, by him posted, or published; and shall note therein the time, when a beast was impounded, and when, and by whom, the same was taken away; which book shall be legal evidence of the doings aforesaid, thus recorded and noted, and shall be transmitted to his successor in office. 4 Mass. 471. 14 Maine, 419. 15 Maine, 237. 18 Pick. 227, 422. Pound keepers. 1834, 137, § 4. To keep a book 1334, 137, § 4. of records. ed. SECT. 9. It shall be the duty of the pound keeper, to restrain To restrain the beasts impounded, in the town pound, or such other place, after beasts impoundthe first day, as shall be more for the comfort of the beasts, or more 1834, 137, § 4. convenient for their safety, and for giving them food and drink; which shall be furnished by him, at the expense of the impounder. Unless payment be made in advance, or sufficient security for the same tendered, the pound keeper shall not be obliged to receive such beasts into pound. : cate of the 1834, 137, § 5. 14 Maine, 419. 21 Pick. 187. SECT. 10. Before the pound keeper shall be required to receive Impounder, to any beast into pound, the impounder shall furnish the said pound furnish a certifikeeper with a certificate, under his hand, briefly describing the beast, cause of imthe cause of impounding, the amount of damages or forfeiture claimed, pounding. and charges of impounding, then accrued, of the following purport: "To the pound keeper of The undersigned A. B. of B. herewith commits to pound (a horse or cow, as the case may be, with a short description of the beast), taken up (in the highway or inclosure of said A. B. in B. as the case may be), and the said A. B. demands and -cents, for (damages, or forfeiture, as the case may be), and the unpaid charges for impounding the same. dollars Witness my hand, A. B. B. (date) 18-.” SECT. 11. The pound keeper shall not be liable to any action, Pound keeper, for receiving or detaining any beast, so committed, till the several not to deliver beasts, till damsums, claimed by such certificate, and all other due expenses and ages and costs are paid. costs and fees shall have been paid to him, except under the pro- 1834, 137, § 5. visions of the next section. SECT. 12. If the claimant of such beast object to the amount, Proceedings, if claimant object stated as damages, or if no claimant appear, the pound keeper shall, to amount dewithin ten days, and not afterwards, issue a warrant under his hand manded. to two disinterested persons of said county, to the following purport: 18 Pick. 422. 1834, 137, § 5. County: CHAP. 30. P. ss: To E. F. and G. H., two disinterested persons of said Greeting: You are hereby appointed to view and estimate, upon oath, according to your best judgment, the damages done to A. B. by the (horse, or oxen, as the case may be), owned or claimed by (C. D. or by owner unknown,) and make due return to me, within twenty four hours, with your doings therein; first giving the said A. B. reasonable notice of the time, when you will view the place, where the damages were done. Proceedings, when beasts are taken up as es trays. day of - RETURN OF THE APPRAISERS. "Pursuant to this warrant, we the undersigned, being first sworn to the faithful performance of the trust, to which we have been appointed, and having given said A. B. reasonable notice, as required, do hereby certify, that we have viewed and do estimate the said damages at dollars and cents and no more. B. (date) 18-.” And said persons, being first sworn, shall give reasonable notice to the person impounding, and the owner of such beast, if known and resident in the same town, of the time appointed for the view, and proceed to estimate damages accordingly; and make return to the pound keeper of their doings, in writing under their hands. The oath may be administered, either by said pound keeper, or a justice of the peace, and must be certified on the same warrant. SECT. 13. Whoever shall take up in any public way or commons, or within his inclosure or possessions, any such beast, as before mentioned, as estrays, he shall within ten days, if no owner calls for the beast, commit the same to a pound keeper of the same town, 4 Pick. 249, 258. with a certificate, as described in the tenth section of this chapter; which beast the pound keeper shall carefully keep, till called for by the owner, and all due charges paid, or until the beast shall be disposed of, as is hereinafter prescribed. Penalty, for not delivering estray to pound keeper. SECT. 14. If the possessor of such stray beast shall not deliver the same to a pound keeper, with a certificate as aforesaid, within said ten days, he shall for every week, after the ten days aforesaid, 1831, 137, § 6. lose the expense of keeping, and forfeit one per cent. of the value Pound keeper to advertise. of such stray beast, until he shall deliver the same to the pound keeper, with such certificate, or until such forfeiture shall amount to the value of the beast. SECT. 15. Whenever any pound keeper shall have received any beast, as aforesaid, he shall forthwith post, and keep posted, for three days, at his dwelling house, and in two other public places, in the same town, advertisements by him subscribed; stating the name of the impounder or finder, the time and cause of impounding, and a brief description of the beast; and notifying the owner to pay what is legally and justly demandable, and to take the beast away; and shall give the like public notice by the town crier, if such there be within the town. If the value of the beast exceed ten dollars, a copy of such advertisement shall be inserted in some newspaper, if any, printed in the county. CHAP. 30. bel the estray. SECT. 16. If the owner of such beast shall not, within twenty days next after the posting or publishing such notice, appear and When pound claim the beast, and pay what is demandable under this chapter, keeper may liincluding charges, fees and costs, then the pound keeper shall, 1834, 137, § 7. within the succeeding twenty days and not afterwards, proceed to libel the same, in the name of the impounder or finder, in the manner directed in chapter, one hundred and thirty two; in which process the pound keeper may be a witness. SECT. 17. After due notice and examination, the court or justice of the peace, having jurisdiction of the case, may decree a sale of such beast, if they find that such beast has been lawfully impounded and detained; and may issue under the seal of the court, or of the said justice, a precept, in form following: "STATE OF MAINE. P. ss: To the sheriff of our county of — or his deputy, or any constable of the several towns in the same county, Greeting: (Seal.) Whereas A. B., of, within the county of through his agent, O. P., pound keeper, by the consideration of (our justice court, holden at by -, Esquire, a justice of the peace for said county, or, as the case may be, of our justices of our district court, holden at on within our county of -,) obtained a decree for the sale of the following (here insert a description of the property, as in the libel) with costs, taxed at as to us appears of record, whereof execution remains to be done; we command you, therefore, to make sale of the same, in manner prescribed by law, for the sale of goods and chattels in satisfaction of executions; and after deducting your lawful fees, you will pay over the residue to the said pound keeper, and take his receipt, thereon, for the same: hereof fail not, and make due return, with your doings therein, within thirty days. Witness, (close to be like that of other exe cutions.) And the officer shall make sale of the property, in the manner prescribed, by law, for the sale of goods and chattels in satisfaction of executions, and be entitled to like fees out of the proceeds of the sale; and shall pay over the residue to the pound keeper, and take his receipt for the same. He shall be required to make return of his doings to said court or justice in thirty days. The precept shall be similar, in form, to common executions or [on] judgments, with such alterations, as the nature of the case may require. Court may de cree a sale. 1834, 137, § 7. 1834, 137, § 7. SECT. 18. The pound keeper shall retain the amount of his Disposal of prolawful charges and fees, and pay, to others interested, their lawful ceeds of sale. dues, respectively. The balance he shall within thirty days pay over to the treasurer of the same county; which balance the latter, or his successor, shall pay over at any time within six years, to such one, on his written request, as shall, satisfactorily to him, make out his right thereto, as having been the owner of the property In case of refusal, on the part of the treasurer, to pay over the same to any claimant, he may appeal to the county commissioners, whose decision thereon shall be final. If such balance remain in the treasury for six years, not claimed and paid before it was sold. CHAP. 30. over, as aforesaid, it shall become absolutely the property of the county. Owner may redeem, at any time before de cree. 1834, 137, § 7. Replevin of beasts im pounded. SECT. 19. The owner of such beast may, at any stage of the proceedings, before a final decree for sale, as aforesaid, redeem the same on payment of all lawful claims and dues thereon, up to the time of his demand to redeem. SECT. 20. Whenever any person shall replevy the beasts, herein mentioned, he shall bring his action against the impounder, or 1831, 137, § 8. finder, and not against the pound keeper, and the copy of the writ shall be served on the latter, as also on the defendant. The process, in other respects, shall be regulated by the provisions of chapter, one hundred and thirty. And if the plaintiff in replevin be absent, when the writ is sued out, it may be served, and his bondsmen, in the replevin bond, shall be held in the same manner, as though he had himself signed and sealed it; and he may add his signature and seal before trial. Same subject. SECT. 21. If the property shall be replevied, while the afore1831, 137, § 8. said process, under the libel, is pending, the latter shall be continued in court, till the action of replevin be decided; but no action of replevin shall be sustained, unless the writ be served, before a decree is awarded on the libel. Rescue, and punishment thereof. 17 Mass. 342. SECT. 22. Whoever, in order to prevent the impounding of any beast, lawfully in possession of any person, and taken for the 1834, 137, § 9. causes, in this chapter mentioned, shall rescue the same, or, directly or indirectly, shall occasion the escape thereof, shall forfeit not less than five, nor more than twenty dollars; and he shall be liable in an action on the case, to pay to the party injured, the full damages with charges and costs, which he might have received by impounding the beast. Pound breach, thereof. 5 Pick. 514. 17 Pick. 415. SECT. 23. If any person shall make any pound breach, or in and punishment any other way, directly or indirectly, convey or deliver any beast, 1834, 137, § 10. impounded as aforesaid, from the pound or place, where said beast may be restrained, he shall forfeit and pay, to the use of the town, a fine, not less than ten dollars, nor more than fifty dollars, to be recovered by indictment. The person, so offending, shall also be liable to pay the party injured, or impounding said beast or beasts, double the damage or forfeiture, he may be entitled to, by the impounding of such beast, to be recovered in an action on the case. Masters and for minors. SECT. 24. When the rescue or pound breach, mentioned in the parents, liable twenty third section of this chapter, is effected by an apprentice, 1834, 137, § 10. legally bound by deed, or a minor, the party injured, or impounder, may prosecute for damages or forfeitures, either the master of such apprentice, or the parent of said minor, under whose care he may then be, or the apprentice or minor, at his election. Restriction as to defence, in such cases. 1834, 137, 10. 4 Mass. 471. SECT. 25. The defendant in any action, brought for rescuing beasts, distrained or impounded, shall not be allowed to allege, or give in evidence, the insufficiency of the fences, or any other fact or circumstance, to show that the distress or impounding was illegal ; but if there is any such ground of objection to the proceeding, of which he is entitled to avail himself, he may have the advantage thereof in an action of replevin, to be brought as provided in chapter, one hundred and thirty. |