thereof at the rate of one dollar per day, besides the expense of procuring the materials.

5. The person employed by the Fence viewer to erect or repair any such fence may recover from the party so refusing all the expenses of making or repairing the same, and furnishing materials,as provided in the preceding Section, with costs of suit, before any Court competent to try the same.

6. The Fence viewer when called upon to view the place where it is proposed to erect or repair a fence, shall receive one dollar for his services, one half of which shall be paid by each of the parties disputing. If the Fence viewer causes any fence to be erected or repaired under the provisions of the fourth Section of this Chapter, he shall receive one dollar per day for his services, to be paid by the party neglecting to repair or erect as aforesaid.

7. Any Fence viewer neglecting his duty, shall for each neglect of duty forfeit and pay eight dollars.

8. No owner or occupier of any woods, barren or unimproved land, although adjoining the improved lands of another, shall be obliged to erect or repair any such division line fence.

9. The County Council may divide each Parish into as many Pound districts as they think proper, and may direct Pounds to be erected in each district: If the inhabitants of any district neglect to build the same, the Council may order an assessment, which shall be assessed and collected as other assessments.

10. If any cattle be found going at large, contrary to law or to any regulations duly made, any constable, hog-reeve, or other authorized officer, may impound the same,and shall receive the amount specified in such regulations therefor, to be paid by the owner thereof, with the charges of the Pound keeper, before the same are delivered from the Pound.

11. If any cattle shall break or escape into any close, through or over a lawful fence, it shall and may be lawful for the owner of such close, or any constable, hog-reeve, or other authorized officer, to drive and deliver the said cattle. to the Pound keeper of the district where the trespass was committed,and when necessary or convenient may in taking the same to Pound, pass through any part of another Parish, and the said Pound keeper shall impound the same in the

Pound for such district, and shall receive from the owner of such cattle the same amount that he is authorized to receive when cattle going at large are impounded, before the same are delivered from such Pound.

12. If there be no public Pound, or if it be not in a proper state, the Pound keeper may use any proper enclosure for the time being, which shall be deemed a Pound for that purpose.

13. If any person shall rescue any cattle from a person lawfully taking the same to Pound, he shall be liable to a penalty of twenty dollars.

14. If any person shall make a breach in any Pound, or shall unduly set at large any cattle impounded, he shall be liable to a penalty of forty dollars.

15. Where a trespass is committed by breaking through any part of a division fence which the owner of the cattle. trespassing ought to keep in repair, the defect of such fence shall not be deemed an excuse for such trespass.

16. When any cattle shall break or escape into any close, no action shall be maintainable by reason thereof for any damage arising therefrom, unless such close be at the time under lawful fence, except the party complained of shall either by agreement or otherwise be bound to erect or keep in repair such fence, or where certain waters or water fences or gates may by law, or any regulations of the County Council made in pursuance thereof, be made a lawful fence or enclosure; provided however, that if any cattle break or escape into any close, through or over any part of a fence which may be of the height prescribed for lawful fences, such cattle shall be deemed and taken to have broken or escaped into the said close through and over a lawful fence, although other parts of the fence or fences surrounding such close may not be of the height prescribed as aforesaid, or although the said close may not be entirely surrounded by a fence.

17. In all cases of trespass by cattle, where the damage does not exceed twenty dollars, the same may be heard before a Justice as in civil suits.

18. Whenever cattle are impounded under this Chapter, and the owner of such cattle feels himself aggrieved, he may apply to a Justice of the Peace for a warrant of replevin

(A), which the Justice shall grant, and the said warrant shall be executed according to the exigency thereof; and the said Justice shall, on the return of such warrant, hear the evidence adduced before him and decide the right to impound.

19. Either party may, before the hearing, apply to the Justice for a jury, who shall thereupon issue a venire to summon the jurors in the same form and in the like manner as is provided in Chapter 60 of the Consolidated Statutes, relating to 'Justices' Civil Courts.'

20. The said Chapter of the Consolidated Statutes relating to 'Justices' Civil Courts,' shall, as to form, procedure obtaining the attendance of witnesses, administering oaths, challenging jurors, trial, judgment, and execution, be applicable to proceedings in replevin under this Chapter, so far as the same are applicable and not inconsistent herewith.

21. If on the trial of the replevin the plaintiff does not appear, or the Justice or jury as the case may be, find that the cattle were lawfully impounded,judgment shall be rendered for the defendant against the plaintiff, with costs,and the Justice shall make an order that the said cattle be returned to the Pound keeper, and they shall be returned accordingly, and execution shall be issued for such costs.

22. If it be found that the said cattle were unlawfully impounded, judgment shall be given for the plaintiff for such damages as he may have sustained by the taking and detaining the same, with costs, provided such damages do not ex ceed twenty dollars, or the plaintiff consents on the trial to reduce such damages to twenty dollars, and execution shall be issued therefor: If the damages exceed twenty dollars, and the plaintiff will not consent to their being reduced to that amount,judgment shall be given for him with costs,and the plaintiff may proceed in another action for his damages in any Court of competent jurisdiction.

23. The proceedings in replevin under this Chapter shall be had against the party who may drive the cattle to the Pound, and not against the Pound keeper, unless the Pound keeper is the person who drove the cattle to the Pound, or he refuses or neglects upon demand personally made upon him to disclose the name of the driver, in either of which cases the proceedings may be had against him; provided

always, that in any case the cattle may be taken from out of the custody of the Pound keeper under the warrant of replevin.

24. If proceedings be taken against the Pound keeper, and it is proved to the satisfaction of the Justice or jury that he was not the driver, and that no demand as aforesaid was made upon him to disclose the driver,or that upon such demand he bona fide disclosed the name of the driver, judgment shall be given for him with costs, notwithstanding the cattle may have been unlawfully impounded.

25. The officer before executing a warrant of replevin shall take from the plaintiff a bond (B), with two sureties, the penalty not to exceed forty dollars.

26. If the plaintiff fails to prosecute his suit with effect, or to return the cattle, if a return shall be adjudged, the bond shall be assigned by the officer to the defendant, who may in his own name recover in any Court of competent jurisdiction his costs of defending the replevin and obtaining the assignment; and in case the plaintiff fails to return the cattle as ordered, the fees payable for driving and impounding such cattle and any other moneys lawfully payable if the cattle had not been replevied.

27. If the amount claimed upon the assignment do not exceed twenty dollars, the same may be recovered before a Justice of the Peace as in civil suits.

28. There shall be the same right of review from all proceedings before Justices, under this Chapter, in like manner, in the same form, and to the same authority, and with like power to such authority, as is given in civil cases tried before Justices of the Peace.

29 The fees and costs in all proceedings before Justices of the Peace under this Chapter shall be according to the Chapter relating to "Fees."

30. All cattle impounded as aforesaid, and not liberated in three days after notice in writing advertised in three of the most public places in the district, may be sold at auction by the Pound keeper after fourteen days public notice thereof, advertised in like manner, unless all charges and expenses incurred on account thereof be paid.

31. If he sell the cattle he shall pay all charges and exPenses out of the proceeds, giving the overplus (if any) to the

owner; should the owner not demand the same within fourteen days after such sale, he shall pay the same to the Overseers of the Poor of the Parish, for the support of the Poor.

32. The County Council may make such other regulations not inconsistent here with, for preventing trespasses by cattle, and preventing cattle from going at large, and may thereby impose fines and penalties, and prescribe how they are to be recovered.

33. The word "cattle" in this Chapter shall mean horses, horned cattle, sheep, swine, goats, geese, ducks, or live poultry of any description.

SCHEDULE.

(A)

Warrant of Replevin.

Replevy to A. B. his

which he says C. D. unjustly

impounded, and summon the said C. D. to appear before

at my office, to answer A. B. for such impounding.

noon,

Form of Replevin Bond.

We [the names and additions of the obligors] are jointly and severally bound to G. H. of the Parish of

constable, in the sum of to be paid to the said G. H. or his representatives. Sealed and dated this

A. D. 18.

day of

The condition of the above is, that if the said A. B. (first obligor) shall prosecute his suit with effect against C. D. for unjustly impounding [here specify property] and do make return, if the same shall be adjudged, then the above bond to be void, otherwise to be in force.

Assignment of Replevin Bond.

I, G. H., constable, of the Parish of

at the request

of the defendant C. D., have assigned over to him within

replevin bond pursuant to law.