THE office of pound master, is more limited and circumscribed than that of any other town officer It only consists in superintending the common pound of his town, according to law. Simple, however, as is its organization, as a link in the chain of town duties and offices, it is far from being devoid of importance. In the preceding chapter we have seen, that it is the duty of the fence viewers to certify, on distress, the damage done by the beasts, together with their fees, ant that unless such damage an I fees be paid, or the beasts on such distress be replevied, the same shall remain in the pound. It will hence be found, that if there be no replevy in such case, and the owner of the beasts did not come forth, that unless the pound master fed them, they must inevitably perish. But why, it might be asked feed them, if there be no remedy for a remuneration, or why distrain them if no damages could be levied by the distress. The pound master is the legal agent, as we shall see in this chapter, by and through whom satisfactory redress can be obtained in cases of this description. It is proper in this place to observe, that it does not appear from any statute to be incumbent on the pound master to take an oath of office.

DUTY AND FEES.

It is enacted by the twenty first section of the act relative to the duties and privileges of towns, that there shall be one or more sufficient pounds in each city and town in this state, and that the pound master in each town may take, for all beasts that shall be put into the pound of which he is keeper or master, the following fees, to wit, for taking in and discharging every horse, gelding, mare or colt, and all neat cattle, twelve and a half cents each; and for every sheep or lamb, three cents; and for every hog, shoat or pig, six cents; which fees shall be paid to

be released from such pound, unless the keeper or master of such pound shall otherwise agree concerning the same: And if the owner of any beasts empounded for doing damage, shall not pay the damage and the fees of the keeper or master of the pound, with reasonable charges for keeping and teeding them, not exceeding three cents for each beast for every twenty-four hours such beast shall be empounded and fed, within six days after such beast shall be empounded, or replevy the same beasts, then it shall and may be lawful for such keeper or master of such pound, to sell such beast at public vendue, giving at least 48 hours previous notice of such sale, by advertisement to be set up at the said pound, and at the nearest public place to the said pound, and out of the monies arising from such sale, to pay the said damages, and retain in his hards his fees and charges of feeding and keeping the same beast and of such sale, and return the overplus to the owner of the same beast; and if no such owner shall appear and claim such overplus within six calendar months after such sale, the same shall be paid to the overseers of the poor af the city or town where such beast was empounded, for the use of the poor of such city or town.

Cattle, damage feasant, cannot be empounded until the damage has been ascertained, and appraised by two fence viewers, according to the directions of the act. 2 Johns. Rep. 191.

For other matters, see the preceding chapter, and titles The Powers and Privileges of Towns, and Town Officers.

PRECEDENT.

POUND MASTER'S NOTICE OF SALE, &e.

day of

Public Notice is hereby given, That I intend to sell at publis vendue, to the highest bidder, at the common pound in the town of Kingston, whereof I am keeper, on the instant, at ten o'clock in the forenoon, one black milch cow, about seven years old, with a slit in her right ear and a left white hind foot, having been distrained and empounded in the said pound for doing damage, in order to satisfy the said damage, together with my fees and charges, pursuant to the statute in such case made and provided. Dated day of at ten o'clock in the

forenoon. 1815.

G. O. Pound Master.

THE

THE END.

Extraordinary duties,

Precedents,

Signification of his office: His oath and ordinary duties,

APPRENTICES AND THEIR MASTERS,

See pages

Page.

8

13

44

189

194

239

245

246

127. 316

BUTTER FIRKINS,

The fundamental pillar of the laws in a free state,

Of New York, ordains that the legislative power shall be

vested in the assembly and senate

CENSUS

Of the state of New York 1814,

CONGRESSIONAL DISTRICTS,

Duty as to the registry of mortgages,

As clerk of the files, common pleas and sessions,

ху

Ibid.

7

11

79

79. 80

80

81

82