such rate so continually posted, or who shall charge any greater sum or rate for the sustenance of any such cattle, than the rate or sum fixed by such magistrates as aforesaid, shall forfeit and pay any sum not exceeding five pounds for each and every month that he shall so act as pound keeper without having such rate affixed as aforesaid. V. And be it further enacted, That from and after the passing of this Act, it shall and may be lawful for the keeper of each and every pound in Ireland legally constituted, to demand and receive as pound fees, for the cattle of the several descriptions which shall be impounded therein, the several and respective sums following, and no more; any thing in the said recited Act of the tenth year of the reign of King Charles the first, or any other Act or Acts, or any law or custom to the contrary in anywise notwithstanding; that is to say, For the first or only horse mule or ass, and for the first or only horned beast, commonly called black cattle, the sum of five-pence, and the further sum of two-pence for each and every additional beast of the kind impounded at the same time for the same distress; and for any one or more, not exceeding four in number, of sheep, lambs, goats, or swine, which shall be so impounded, the sum of fourpence, and the further sum of one penny each for every additional animal of the like kind, beyond four, impounded at the same time, or for the same distress. No. XXVI. 6 Geo. IV. c. 43. Charges of Pound For the first and 2d. for every other. For Sheep,&c. not exceeding four, 4d., and Id. for every one additional. VI. And be it further enacted, That the several sums so by this Act What Rates to authorized to be demanded and taken by any such pound keeper, shall be taken by be taken and deemed to be in full satisfaction as pound fees to such Pound pound keeper for three days, consisting of seventy-two hours next after Keepers the time when such cattle shall be so impounded, whether such cattle for the time during which shall remain impounded during the whole or during part only of such the cattle seventy-two hours; and that after such three days it shall be lawful for remain imany pound keeper to demand and take one half of the like sum, at the pounded. rate herein-before mentioned, for every additional seventy-two hours during the whole or any part of which any cattle of the description herein-before mentioned shall remain in the custody of such pound keeper in such pound, and whether such cattle shall remain impounded during the whole or during part only of such seventy-two hours: Provided always, that no greater sum shall be demanded or taken by any pound keeper, as pound fees, for any one distress for the same demand, than the sum of twenty pence in the whole, whatever may be the number of animals taken for such distress, or whatever may be the length of time that they shall have been impounded for the same. VII. And be it further enacted, That if any pound keeper in Ireland shall demand or take any greater sum for the impounding of any cattle than such pound keeper is by this Act authorized to demand and take; or if the walls of the pound of any such keeper shall not be well and substantially built with stone or brick, and of the height of seven feet at the least; or if three-fourths at least of the area of any such pound shall not be scraped or swept once in every twenty-four hours at the least, or otherwise kept clean and in good order, and with a sufficiency of wholesome water for the cattle which from time to time shall be kept therein; or if any pound keeper shall take upon himself to administer any oath; every such pound keeper shall, upon conviction of any such offence or neglect, forfeit and pay a sum not exceeding five pounds. VIII. And be it further enacted. That all or any cattle, of whatever description they may be, which shall be seized aud distrained for the purposes of being impounded, in order to secure and enforce the payment of any rent, or to levy the amount of any decree of court, or for any trespass or other matter whatsoever, shall be driven to and shall be impounded in the pound overt which shall be situate next and nearest to the land upon which such cattle shall have been so distrained, and within the same barony and county, to be then and there dealt with according to law. Pound Fees for a Distress, 20d. Penalty on for Extortion, exceeding 57. Cattle distrained shall in the nearest be impounded Pound; and within the and County. same Barony IX. Provided always, and be it enacted, That in all cases where there Where there shall be a manor pound appertaining or reputed to appertain to any is a Manor particular manor or estate, all or any cattle which shall be seized and Pound, Cattle may be impounded in such Manor Pound. No. XXVII. distrained on any land belonging or reputed to belong to such manor or 7 Geo. IV. estate, shall and may be impounded in the manor pound of such manor c. 42. estate. X. And be it further enacted, That if any cattle distrained shall be impounded in any pound contrary to the direction and provisions of this Act, every person so offending shall, upon conviction, be liable to forfeit and pay any sum not exceeding five pounds for each such offence. tle contrary to this Act, not exceeding 51. Penalty on Persons impounding cat Penalties under this Act, and all Da mages not ex ceeding 101. against Pound Keepers for neglect, may be recovered before two Magistrates in Petty Sessions on Complaint within one Month. Appeal to General Quarter Sessions. Notice of Penalties how disposed of. XI. And be it further enacted, That all penalties incurred under this Act, by any person who shall be guilty of any offence against this Act, and all damages not exceeding ten pounds, to which any pound keeper shall or may be subject, by reason or on account of neglect or default of such pound keeper, either in enlarging any cattle distrained and impounded, or in permitting any such cattle to be enlarged without sufficient authority for so doing, or by any neglect in his driving feeding or keeping any such cattle, or by any other neglect or default whatsoever of such pound keeper, shall and may be recoverable and recovered, on complaint of any person aggrieved, before two or more magistrates assembled in petty sessions, or reputed petty sessions, in the county in which such complainant shall reside, or in which the pound shall be situate; and it shall be lawful for such magistrates, and they are hereby authorized empowered and required to hear and determine such complaint; provided that such complaint shall be made to them within one calendar month next after the offence shall have been committed, or the cause of complaint shall have occurred; and it shall be lawful for such magistrates to issue their warrant for levying any such penalty or sum of money within the sum limited by this Act, with reasonable costs of such levy, by distress and sale of the goods and chattels of the offender, rendering the overplus (if any) to the owner. XII. Provided always, and be it enacted, That it shall and may be lawful for any person who shall think himself or herself aggrieved by the decision of such two or more magistrates, to appeal against the conviction of such two or more magistrates to the next Quarter Sessions of such county; and such appeal shall be tried and finally determined at such Quarter Sessions accordingly; provided that notice in writing of such intention to appeal, and sufficient securities, conditioned for duly prosecuting such appeal, shall be given to the magistrates before whom such conviction shall be had, at the time of their decision upon the particular case; and in case of such notice of appeal and such security being given in manner aforesaid, it shall not be lawful for such magistrates to issue their warrant for levying such penalty or sum of money. XIII. And be it further enacted, That all penalties damages and sums of money, incurred and levied under and by virtue of this Act, shall be payable and paid to the person or persons who shall sue for such penalties or damages, upon conviction of the offenders in manner required by this Act. [ No. XXVII. ] 7 George IV. c. 42.-An Act to amend the Laws in force in Ireland for preventing the vexatious Impounding of Cattle for Trespass or Damage feasant.[26th May 1826.] W HEREAS an Act was passed in the Parliament of Ireland in the fortieth year of the reign of His late Majesty King George the Third, for amending and rendering more effectual an Act passed in the 37 C. III. (I.) thirty-seventh year of His said late Majesty's reign, intituled An Act to prevent vexatious Impounding of Cattle for Trespass or Damage feasant: and it is expedient to render the provisions of the said Act of the said fortieth year more effectual; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assem c. 42. Magistrates at Sessions in sons to he bled, and by the authority of the same, That it shall and may be lawful No. XXVII. for the magistrates assembled at any Quarter Sessions or adjournment 7 Geo. IV. thereof, which shall be holden at any time after the passing of this Act, in or for any county, county of a city, or county of a town in Ireland, or any barony, half barony, or subdivision thereof, not less than three such magistrates being present, to nominate and appoint any number of persons not exceeding three, resident in each and every parish in such county, county of a city, or county of a town, to act as appraisers appoint Perand arbitrators in the execution of this Act in such parish, or in such number of adjacent parishes, as such magistrates shall define and fix; Appraisers and it shall and may be lawful for such magistrates so assembled from and Arbitratime to time in their Quarter Sessions, not less than three being tors of Dapresent, to suspend or remove all or any of such appraisers and arbi- mages arising trators, and to appoint others in their room, and also to fix and appoint from Trespass; the quantum or rate of fee or remuneration to be paid to such appraisers and suspend or and arbitrators in the execution of their duty, and to alter and vary the remove them; and fix or alter amount thereof from time to time; and every person appointed to be their Fees. such appraiser and arbitrator, before taking upon him such office, shall take and subscribe the following Oath: :I A. B. of C. D. in the parish of E. do swear, That I will, when Oath of Ap called upon, justly and honestly appraise and value and arbitrate praiser and with respect to all matters relating to the trespassing and damage Arbitrator. 'feasant of animals of any description; and that I will faithfully and honestly perform all other the duties of an appraiser and arbitrator, according to an Act made in the seventh year of the reign of King George the Fourth, intituled [here set forth the title of this Act]; and that I will not accept or take any fee or reward for executing such duty, save and except what I shall be entitled to under the provisions of said Act. So help me God.' Which Oath it shall be lawful for any magistrate within his jurisdiction to administer in open court at any Petty Sessions, or reputed Petty Sessions, in any barony or half barony, or other division of a county, county of a city, or county of a town, and such oath shall be registered and recorded at such Petty Sessions or reputed Petty Sessions; Arbitrator and every person so appointed shall be liable to be so called upon, and shall attend shall attend accordingly, to appraise and to arbitrate and decide between when called parties in cases of complaint of injury arising from animals of any de- upon. scription trespassing or damage feasant; and also in all cases of disputes and complaints as to the state of the fences arising under the said recited Act or this Act. where the Rates of Damage are fixed, persons injured may take Cattle to the Owner, &c. who shall pay such Rates. II. And, in order to avoid the impounding of cattle, be it further In Cases of enacted, That where animals of any description shall be found tres- Trespass passing or damage feasant, and the rates of damage to be paid for such trespass shall have been fixed by the magistrates in pursuance of the said recited Act, it shall be lawful for the person or persons entitled to such rates of damage, to take drive or send such animals to their owner, or the known steward or herdsman of the owner, or to show such owner, or the known steward or herdsman of such owner, the animal or animals actually in the act of trespassing and damage feasant; and if such owner, or the known steward or herdsman of such owner, shall be satisfied that such trespass has been actually committed, it shall be lawful for such owner and he is hereby required to pay such rates of damage so fixed, and in such cases the animals so trespassing shall not be impounded; but in case the owner of any such animal or animals, or some Remedy in person on his behalf, shall not pay the amount of such fixed rate of case of damage, it shall and may be lawful for the party aggrieved by such tres- Refusal. pass, instead of impounding them, to make his complaint to the magistrates assembled in Petty Sessions, or reputed Petty Sessions, for the district where the partics reside; and such magistrates shall summon the owner of the animals so trespassing, or the steward or herdsman of such owner, to appear before them; and it shall be lawful for such magistrates (after the time appointed by such summons for the appearance of the party complained against, whether the person so summoned shall appear or VOL. IV. **N [Part IV. No. XXVII. not), upon proof of the service of such summons, to inquire and examine into the matter of such complaint; and upon satisfactory proof of 7 Geo. IV. such trespass, and of the neglect or refusal to pay the rate of damage for c. 42. such trespass so fixed as aforesaid, to issue their warrant to levy such rate of damage for such trespass, together with such reasonable costs for loss of time, as such magistrates shall think fit to be paid to the plaintiff, unless it shall appear to the satisfaction of such magistrates that the defendant had sufficient grounds to justify the non-payment of the rate of damage for such trespass. III. And be it further enacted, That in all cases where it shall happen that the rate of damage for any particular description of trespass, which shall be the subject of any complaint between parties, shall not have been fixed by the magistrates in manner required by the said recited Act, or where any damage so complained of shall exceed in its nature and amount the rates so fixed, or where the neglect or refusal to pay any demand on account of trespass or damage as aforesaid shall arise out of the neglect or refusal of the complainant to keep his fences in a proper state of repair, or where the owner or owners of the animals complained against as having been trespassing or damage feasant shall neglect or refuse to appoint or concur in the appointment of arbitrators pursuant to the provisions of the said recited Act, for the space of twenty-four hours after complaint made, then and in any or either of such cases it shall and may be lawful for the person or persons making such complaint as aforesaid to call upon any person, who shall have been appointed under the authority of this Act to be an appraiser and arbitrator in or for the barony parish or place within which such trespass or damage shall be alleged to have been committed; and such appraiser and arbitrator shall proceed without delay to view the place, and to inquire into the matter, and to estimate the amount of a fair and reasonable compensation to be paid for such damage, and to view the state of the fences between the parties, and to ascertain and determine by whose neglect or refusal such trespass and the damage arising therefrom shall have been committed and caused; and such appraiser and arbitrator shall give a certificate in writing, signed with his hand, of the amount of damage incurred, and specifying by whose act or neglect such damage was caused, and also his opinion of the state of the fences, and by whom the same ought to be repaired. IV. And be it further enacted, That in case the amount of such damage so certified shall not be paid by the person stated in such certificate to be liable to pay the same, it shall and may be lawful for the person aggrieved to apply to the magistrates assembled at the Petty Sessions, or reputed Petty Sessions, not less than two of such magistrates being present, and such magistrates shall summon the parties to appear before them, and shall examine into and determine the matter of such complaint; and if they shall be of opinion that the award and certificate of such appraiser and arbitrator is just and equitable, such magistrates shall issue their warrant to cause the amount of damage so specified in such certificate, together with reasonable costs for loss of time, to be levied by distress and sale of the goods of the offender, and to be paid to the party aggrieved, rendering the overplus, if any, to such offender. V. And be it further enacted, That whenever it shall appear that the trespassing or damage feasant of animals of any description, or any injury relating thereto, shall be occasioned to or suffered by any person or persons in consequence of the bad or imperfect state or destruction of any fences, and the person aggrieved thereby shall, pursuant to the provisions of the said recited Act or this Act, have laid his complaint before a magistrate, and arbitrators shall have been thereupon appointed under the said recited Act, or called upon to act under this Act, and shall have estimated the sum necessary for the repair of such fences, and the proportion of money to be paid, and also the proportion of fences to be kept in repair by each or any of the parties, and shall have certified the same to the magistrates, then and in every such case it shall be lawful for such magistrate, and he is hereby authorized and required to call upon such 7 Geo. IV. c. 42. arbitrators to add to their certificate a specification of the time within No. XXVII. which every such party shall execute such repairs, and such arbitrators shall specify such time accordingly; and such magistrate, if he shall think fit, shall thereupon issue an order under his hand, requiring every such party to make or repair the fences, or proportion of fences, within such time so specified and fixed; and if either party shall neglect or refuse to make or repair such fences in manner and within the time so specified and required, it shall be lawful for such magistrate to order and authorize the other party forthwith to make or repair the whole of such fences so estimated; and the person who shall so repair the whole of such fences accordingly, shall and may apply to the magistrates assembled at any Petty Sessions, or reputed Petty Sessions, to recover the proportion of the expence incurred by him in respect of the party who shall have so made default; and the magistrates at such Petty Sessions, or reputed Petty Sessions, shall, in all cases where the sum awarded by them shall not exceed five pounds, issue their warrant to cause the same to be levied by distress and sale of the goods of the offender, and to be paid to the person aggrieved; and in all cases where the sum shall exceed five pounds, it shall and may be lawful for the said magistrates, and they are hereby required, to examine into the matter as in all other cases, and to give a certificate signed by them to either party, stating their opinion and decision on the case; and such certificate shall be admitted as evidence in the trial of any action which may be instituted in any court to recover such larger amount. VI. And be it further enacted, That whenever any person shall com- Where Perplain of damage sustained from animals trespassing or damage feasant, sons impoundor by reason of the want or insufficiency of fences, and it shall appear ing refuse to that such person so complaining shall have been offered a fair and receive Comreasonable compensation for such trespass, and shall have refused the pensation, or same, and shall have refused or neglected to appoint or to concur in to appoint Arbitrators, appointing arbitrators, and shall nevertheless persist in impounding such Magistrate animals, it shall and may be lawful for the magistrates, before whom may hear such complaint shall be made, to hear and determine such complaint, Complaint, and to allow and order any reasonable costs to be levied and paid to the and give Costs party aggrieved by such refusal or neglect of the party complaining; and to the Defendin case of neglect or refusal to pay such costs, to issue their warrant, and ant. to cause the same to be levied by distress, to be paid to the party aggrieved accordingly. VII. And be it further enacted, That in all cases of dispute relating to trespass or damage feasant, in which any magistrate or magistrates shall have made any order for the payment of any sums of money pursuant to the provisions of the said herein-before recited Act or this Act, if any person against whom such order shall have been made shall neglect or refuse to pay the amount required by such order for the space of twentyfour hours next after such order made, or within such further time as such magistrates shall fix or appoint, it shall be lawful for the magistrates so making such order to issue his or their warrant to cause the amount to be levied by distress and sale of the goods of the offender, together with such reasonable costs as to such magistrates shall seem meet, to be paid to the person or persons in whose favour such order shall have been made. Where Party against whom any Order is made neglects to pay within 24 Hours, Distress shall issue. VIII. And be it further enacted, That it shall and may be lawful for Magistrates any magistrate or magistrates in the execution of this Act, to order the may order rate of payment which shall be fixed by the magistrates at the several Payment of Quarter Sessions for the remuneration of the appraisers and arbitrators Arbitrators, appointed under this Act for the execution of their duty, to be paid either by the plaintiffs or defendants, as such magistrates shall think fit, in the several matters of dispute, and to issue their warrant to compel payment accordingly. either by Plaintiff or Defendant. IX. Provided always, and be it further enacted, That it shall and may Appeal to be lawful for any person who shall think himself aggrieved by any order Quarter Sesor decision of such magistrates, to appeal against their decision to the sions. next Quarter Sessions of the county, and such appeal shall be tried and |