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150 MUNICIPAL LAW.
the majority of thi-ee fence viewers of tlie inunicipality—one named Ly
the owner of the animal, one by the person claiming damaj^es, and one by
the pound-keeper.
2. Such fence viewers, or two of them, shall, within twenty-four hours
after notice of their appointment, view the fence and the {ground upon
which the animal was found doiuf^ damage, and determine whether or not
the fence was a lawful one according to the statutes or the by-laws, and if
found to be lawful, then to appraise the damages connnitted : and within
twenty-four houi's after having made the view shall deliver to the poinid-
keeper a written statement, signed by at least two of them, of their
ai)praisement and of their lawful fees and charges.
•S. If the fence viewers decide agninst the legality of the fence the
pound-keeper shall, upon payment of all lawful fees and charges, deliver
such animal to its owner if claimed before the day of sale, but if such fees
and charges are not paid the animal may be sold after giving due notice as
recjuired by the Act.
For neglect to do their duty they incur a penalty of !?2. payable to the
municipality upon complaint of the party aggrieved or the treasurer of
the municipality.
085. Care of Impounded Animals. A pound-keeper refusing or
neglecting to provide proper shelter with good and sufficient food and
water for animals impounded incurs a penalty for every daj' of such
neglect or refusal of not less than SI, nor more than S4, one-half going to
the nmnicipality and the other to the prosecutor.
Also any other per.son who may so retain the animal in possession, as
previously stated, must give the same care, and shall be entitled to recover
from the owner the value of the food and a reasonable amount for attend-
ance.
4880. Sale of the Animal. Upon affidavit before a justice of the
peace that all the proper notices had been given in the manner prescribed,
if the owner does not redeem the animal before the day appointed for sale,
the pound-keeper who impounded the animal, or if the person who took up
the animal did not deliver such animal to any pound-keeper, but retained
it in his own possession, then any pound-keeper of the municipality may
publicly sell the animal to the highest bidder at the time and place
mentioned in the notices ; and after paying the legal damages, not more
than 820, fees and charges for keeping, the surplus shall be returned to
the owner of the animal, and if not claimed within three months, such
surplus shall be paid the treasurer of the inunicipality for use of sucii
inunicipality.
08T- Annual Statement. Every pound-keeper and other ])erson
who so retains any animal, is required on or before the 1.5th flay of
January, to file with the clerk of the municipality a statement for the year
ending the 31st day of December preceding :
1. The number of animals impounded or distrained, as the case may be.
2. The number of animals sold and the amounts received.
3. The sum received as poundage fees and cost of keep.