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.

Animals.

384 Sect.

3.

Distress

Damage Feasant. Feeding

impounded cattle.

835. An animal distrained damage feasant must be impounded where the owner can have access to supply it with food and water, or, if impounded in a pound covert, the distrainor must feed it (z). Formerly there was a distinction between pound overt and pound covert, which had an important bearing upon the question as to whose duty it was to feed the impounded cattle (a). This has, however, been practically done away with by modern enactments. At the present time every person who shall impound or cause to be impounded any animal is required to provide a sufficient quantity of fit and wholesome food and water to such animal, under a penalty and may recover from the owner or owners of twenty shillings (b)

not exceeding double the value of the food or water so supplied, in the same manner as penalties may be recovered (c). It is also lawful for any person whomsoever to supply with food and water any animal which is impounded and without food and water for twelve consecutive hours, and to recover from the owner of the animal not exceeding double the value of the food and water supplied, or, after seven clear days from the time of impounding, to sell the animal openly at any public market after giving three days' public printed notice thereof, in discharge of the cost of the food and water and expenses of sale, rendering the overplus, if any, to the

owner

(d)

several animals have been impounded, one or more may be sold to pay the expenses of supplying food and water to them all (e), but a sale must not be made within fifteen days of seizure.

Where

Poundkeeper.

836. A pound-keeper is entitled to join in selling the cattle, if he has supplied the food(/), but he is not liable to the penalties imposed for not supplying food (g), for the Act is not intended to apply to him, but to the person taking the animal to the pound and at common law for the purpose of securing compensation {h) his duties were merely to receive the animals or goods and keep

several pounds one forfeiture satisfies this Act {Partridge v. Naylor (1596), Ore. compare R. v. CJarhe (1777), 2 Cowp. 610, per Lord Mansfield, at (Eliz.) 480

p. 612).

and see note (a), infra. pound overt was either the common pound, or one which was well known and to which people had a right of access without trespassing; the owner would naturally seek his beasts there, so that the distrainor need not give him notice. A pound covert or close was private, " as to impownd the cattle in some part of his house, and then the cattle are to be sustained with meat and drink at the perill of him that distrain eth, and he shall not have any satisfaction therefore " (Co. Litt. 47 b; compare note (o), p. 382, ante; Com. Dig. Dis1

(a)

A

Co. Inst. 47

(z)

D



^in. Abr. Distress, P). This Act Cruelty to Animals Act, "l849 (12 & 13 Yict. c. 92), s. 5. repealed a previous enactment (5 & 6 Will. 4, c. 59) to the same effect. (c) Cruelty to Animals Act, 1854 (17 & 18 Yict. c. 60), s. 1. (d) Cruelty to Animals Acts, 1849 (12 & 13 Yict. c. 92), s. 6, and 1854 (17 & 18 Any proceedings under these Acts must be commenced within Yict. c. 60), s. 1. six months (see the Public Authorities Protection Act, 1893 (56 & 57 Yict. c. 61), ss. 1, 2, repealing s. 27 of the Act of 1849). (e) Cruelty to Animals Acts, 1849 (12 & 13 Yict. c. 92), ss. 5, 6, and 1854 Layton v. Hurry (1846), 8 Q. B. 811 (decided under (17 & 18 Yict. c. 60), s. 1 the similar provisions of 5 & 6 Will. 4, c. 59, s. 4). (/) Mason y/Neiuland (1840), 9 C. & P. 575. {g] Bargan v. Davies (1877), 2 Q. B. D. 118. (h) Ibid., per Mellob, J., at p. 121. tress

'

(b)