The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-05-22
PAYABLE lEARLx.

within said town, all, -r SO mani RI such beasts
as shall be sufficient 70 satisfy and pay. the for
FIXTURES or damages, and all fees and Chagses,
and the expenses of keeping such beast or besSs
to be taxed and allowed by the clerk or Justice
and the constable or other'pe 20 whom such
warrant shall be directed, after paying the for
FIXTURES or damages, and the fees and charges,
and expense of keeping as Aforesaid. and his fee:
sAslIpay the oyerplus, if any there be, 10 the
owner cf the beast or beasts sold GO demand
and the remainder Of the beasts II any such there
be, shall be liberated by the imPoundeF PROVE
dsd, That when such beast or beasts are taken
and impounded damage feassnt. the inipounder
shall, prior 10 such sale, Irscure from the clerk
Of The town or Justice Of the Peace, warrant
directed 10 two such disinterested, Judlcious
persons as the clerk or Justice shall appoint, 70
estimate the amount Of such damage upon oath,
according to their best Judgment; and the per-
soDsthns appointed shall certify the amount OF
SUCH damage 10 the pound keeper, and the sum
thus certified shall be the amount "a dHmages 10
be paid out Of the proceeds Of the sale, instead
Of the sum first left with the pound keeper.
Seer. 10. Be i.farsher enacted, That if The
owner Of the beast or beasts imp5unded ne IN
known, the person rIpound;ng the same shall
cause 4 Botifcaton thereof az aforesaid, ~ ~
posted up ntwo public places an the same town,
and in the two adjoining towns, nearest the place
where the same may be ta!.en up; and u no
owner or claimer appear within the space OF three
full days next after the impoundIng and notify
ing as aforesaid, then the person r. restraint rs
them may proceed with them IN all respects as
the law provides respecting stray beasts, after
having his damages sscertaiued, IN case the
beast or beasts be taken damage feasant, IN man
ner as is before provided 10 the last ProTiso.
SECT. IL. BE IL further enacted, That II any
person shall rescue any beast or beasts, which
may have been taken up for being at large out OF
the owners enclosure aforesaid, out OF the
hands Of the field driver, or from the custody aud
possession Of any other person about 70 drive or
convey them to pound, whereby the field driver
or other person shall be prevented from imPound-
ing such beasts, and the law evsee8, every per-
son so often ding shall forfeit and pay 0ot moro
than twelve dollars, nor less than three dollars,
10 be recovered by action Of debt in any Court
proper to try the same. by and 10 the use Of the
field driver or other person from whom the rescue
may be made; and if any person shall rescue
any beasts. taken up damage ieasant, as siore-
said out Of the hands or care OF the field driver,
or from the hands of any other person about 70
drive or convey them to pound. whereby the
party injured may be in danger OF losing such has
remedy, and the law evaded; the person thus
offending shall for such rescue, forfeit and pay
not more than twelve dollars. nor less than thres
dollars 10 bs.recovered BY action o. debt, in any
Court proper to try the same, by and 10 the use
OF the field driver, or person from whom the
rescue may be made and shall be further liable
to pay the party injured the foil damages ne
might be entitled TO recover by impoundiug sch
beasts, 10 be recovered hy an action Of the case
Sect. II. Be IL further enacted, rhat If any per
son shall make any pound breach or by any in
direct way or mauner whatever, convey or
deliver any Of the beasts aforesaid, imYounded,
| from the pound or place where they ma he re-
strained, the person thus offending shall forfeit
and pay fine Of not more than fifty dollars, nor
less than fifteen dollars, TO be recovered by
presentment Of the Grand Jury, to the use OF the
county: And the person offending rs aforesaid,
shall be liable to pay the party injured Or mpoun-
ding such beasts double the damage forfetures,
be NAV he entitled t., by the impoundias such
beasts. to be recovered IN action Of the case !;
and such party OF impounder, when the pound
beach is effected by an apprentice or minor,
may prosecute for his damages torfeitures, the
parent or master under whose care such appren-
tice or minor may then be, OF the apprentice Or
minor, at his election: IN which action, - well
as for damages occsssned by the rescue OF cattle
about to be impounaed, the defendant shall not
be permitted to give in evidence, the insufficient
cy Of the fence, If any such there he, that the
beasts, when taken. were under such crcsmstan-
ces as to render the impounding illegal. to pre-
vent the party from recovering his full damages
or foreitures.
March 20, i82l-Approved:
WILLIAM KING.
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