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

the horse kind. neat creature shall be 50 taken
| and impounded when the owner Of such beast 10
| unknown.
| SECT. a. Be IL further enacted, That il the
owner Of any ungelded horse Of the male kind,
and more than one year old, shall at any time
suffer the same to 80 at large, on the common Or
| highways in any town, such owner shall forfeit
and pay the sum of four dollars for each time such
horse shall be found going at large; aud il the
owner of any ram or he goat shall suffer the same
10 20 at large, out Of his or her enclosure be-
tween the tenth day of August and the t~enti-
| eth day Of November, the owner thereof shall
| forfeit and pay the sum Of two dollars for each
| time every such ram or he-goat shall be found
| going AZ large out Of his or her enclosure or
| such male horse, ram or he goat May be taken
! and impounded by field driver or any other
person 10 any pound in the town, and restrained
| in such pound until the owner thereof shah pay
to the pound keeper for the use oi the heid dfiV-
er or other person impounding the same, four
dollar. for every such male horse, and two dol
lars for every ram or he-goat thus taken and i'm
pounded. together with the pound Keepers tses,
and a reasonable sum for furnishing said male
horse. ram or he-goat with food and drink; or
until the came shall be replevied or dealt with
as is hereinafter directed
SECT. S. Be az further enaetsd, That any or
either Of the foreitues aforesaid, shall he recoV-
cred by action OF debt in any Gourt competent to
try the same, by and for the use OF any person
who shall sue therefor: Prorided, That the &C
ton therefor shall be commenced within SIXTY
days from and after the forfeiture was incofiso'
and not afterwards.
Sect. 6. Be 1T further enacted, That any per-
son injured in his tillage, moving or other lands
under Improvement, that are enclosed with
legal and sufficient fence whe Their such improved
lands be in common or general neid, or In CLOSE
by Itself by swine. sheep, goats, horses, mules,
ass es or peat cattle, may have ana MAINTAIN an
action of trespass qudre cLdusum JfesH, against
the owner Of the beasts for his damages; or ne
may impound the beasts doing the damage, OF
some Of them. at his election, with or without the
aid Of field driver and In case ne imPounu 'he
beasts. he may restrain them in one OF the town
pounds or in sone other place under his immedi-
ate care and inspection, as may be most ccnVen
lent for relieving them with suitable food anc
drink which relief il shall bethe duty OF the
person impoundus to furnish, or cause TO oe SUI
GENTLY furnised, during their confinement ana
no action of trespass qudre ctausLm Jrsgif, shall
be had aud maintained against the owner OF any
neat cattle for damages, nor shall such cattie DC
taken damage feasant, and impounded, when
such cattle broke into such close, or common, or
general field, from the commons or highways IN
any town, in part where the fence OF such close
law: Proridsd, That such neat cattle shall, at
the time OF such breaking, be lawfully gong at
large. on the com mons or highways aforesaid.
SECT. 7. Be 1t further enacted, That when an
| action of trespass shall be Brought against the
owner Of any beasts aforesaid, for damages by
! them done upon his enclosed lands under I'm
provemeat. or when such creatures, taken dam
age feasant, and impounced, shall be replevied,
! it shall be 10 the power Of the Justice or Court
/ L obaH be of ed to
render Judgment in favour ofthe person demand
ing damages fer the injury sustained, upon salts
| factory evidence being produced, that such
creatures were clande stueIy turned IN, or broke
! into the close in part where the fence was
good and sufficient, according to law, some other
parts Of the fence round the same close being
\ deficient notwithstanding
| SECT. 8. Be a. further enacted, That when any
of the beasts aforesaid shall be imPounded,
whether it be done for being at large out OF the
! owners enclosure. or on the commons or high
ways, or for doing damage as aforesaid, the per-
\ son impounding shall inform the owner OF the
beasts mpounded, (if known,) within the space
oftwenty four honrs, by giving him notification
thereof in writing, describing the creatures, and
specifying the time, place, and cause OF lnpouno-
ing the same and in case the owner OF the beasts
impounded be absent, such written notihcation
shall be left at his house or usual place OF abode
And the person impounding shall also leave with
! the pound keeper, if such beasts are impounued
| in town pound, at the time they are committed
/ to his custody, a me moraDdum IN writing under
his hand, of the cause Of impounding, and the
| sum he demands as forfeiture, or in dana ges
| from the owner before they are liberated : And
no action shall be maintained against the pound
keeper for OBTAINING such beasts, entn mat sum,
with bis lawful fees, and the reasonable expense
az furnishing thems with food and drink, shall be
paid Proride3, That II the person whose beasts
are impounded damage fessant, shall think the
damages mentioned in OBSERVATION-DISCLOSURES with
the poundkeeper are unreasonable, ne may with
in twenty four hours after notice gwen as afore
said. procure from the clerk Of the town, or a
4 Jp,tice ofthe Peace q warrant directed to two
such dsinterested judicious persons as the clerk
or Justice shall appoint, to estimate the amount
of such damages upon oath, according to their
best judgment /; and the persons thus appointed
shall within twenty four hours estimate and GER
tify to the pound keeper the amount OF damages;
and the sum thus certified shall be taken, nstead
! Of the sum first left with the pound Keeper
! SECT. Q. Be az further enacted, That if the
owner Of any beast or beasts taken and impound-
ed by virtue Of this act, shall not within two full
days, after notice given as Aforesaid, pay the
| forfeiture or damages, and all fees aud Charges,
and the reasonable expense of keeping them as
aforesaid. or replevy the same, the mpounder, if
the owner Of such beast or beasts be known, and
has been notified as aforesaid, shall file an nfor-
nation Of the transaction, by him subscribed and
sworn 10, with the clerk Of the tow n or Justice
of the Peace, and If it shall appear from such in
| formation that such impounder has Substantially
complied with the directions Of the law IN such
cases, such clerk or Justice may issue warrant,
returnable into the town clerks Office IN seven
days from the date, directed to any constable
t-fs A. 49, o. ut ar = nj