Page 152 - index
P. 152
:
MUNICIPAL LAW. 149
by such animal, and also give his written agreement, with security if
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requiretl, similar to the following
" I (name), do hereby agree that I will pay to the owner of the animal I'tf
(describes it), by me this day impounded, all costs to which tiie said owner
may be put in case the distress by me, the said (give namej, proves to be
illegal, or in case the claim for damages now put in l)y me, the said (name),
fails to be established."
(Sif/nafiLre.)
Tlie owner of the animal impounded is entitled at any time to deiri.uid
the possession of his animal without payment of any poundage fees on
giving satisfactory security to the pound-keeper for all costs, damages and
poundage fiH's that may lie awarded against him.
(i. In case of horses, cattle, sheep or pigs are distrained by a I'esident
for straying WMthin his premises, such per.son may retain the animal in his
own possession, instead of delivering it to the pound-keeper, provided he
makes no claim for damage and gives the re()uired notices as follows:
If the owner is known to him he shall forthwith notify him in writ-
ing that he has taken uj) the animal : but if the owner is unknown then I- 1
he .shall within forty-eight hours after taking posses.sion of the aninuilgive
the Clerk of the ]\Iunicipality a notice in writing of having taken up the
animal, and giving a de.scription of the animal as near as may be.
The Clerk will forthwith enter a copy of such notice in a book kept
for that purpose, and post another copy in a consjiicuous place on or near
the door of his othce, and keep it posted for one week.
If the value of the animal is SIO or more, the distrainer shall have a
copy of the notice published in a news[)aper in the county once a week for
three succe.ssive weeks.
<»HJJ. Notice of Sale. 1. In case an animal is impounded, notice of
the sale shall be given by the pound-keeper or person who impounded the
animal within forty-eight hours : but no pig or poultry' shall be .sold till
after four clear days, nor any iiorse nor cattle till after eight clear days,
from the time of impounding the same.
2. In ca.se the animal is not impounded, but retained in po.ssession of
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the party di.straining the sanie, if It is a hor.se, pig, goat or sheep, the
notices for the .sale shall not be given for one month ; and if it is a horse
or cattle the notices for sale shall not be given for two months after the
animal is taken up. •t
:i. The notices of sale may be written or printed, and shall be posted
up and contiiuied three clear successive days in three public places in the
municii)ality, giving the time and place at which the animal will be
publicly sold, inde.ss sooner re<leemed, the penalties or damages, as the
case may be, paid, ami also the lawfiU fees and chai'ges of the pound-
keeper and fence viewers, if any, together with the expen.ses of tin mimal's
keeping.
<»S4. Disputing Amount of Damages. I. If the owner, within
forty-eight hours after the delivery of the notices of damages to the pound-
keeper, disputes the amount of damages, the amount shall be decided by