delivered until paid. (5048.) SEC. 3. The pound keeper shall not deliver to the Beasts not to be owner any beasts so impounded, until such owner shall pay fees and expenses him his fees and the expense of keeping such beasts, and also the fees due the person distraining said beasts, which last mentioned fees he shall pay to such person. case of injury by (5049.) SEC. 4. When any person is injured in his land, by Proceedings in sheep, swine, horses, asses, mules, goats or neat cattle, he may beasts. recover his damages in an action of trespass, or trespass on the case, against the owner of the beasts, or against the person having the care and control of such beasts, or by distraining the beasts doing the damage, and proceeding therewith as hereinafter directed; but if the beasts shall have been lawfully on the adjoining lands, and shall have escaped therefrom in consequence of the neglect of the person who has suffered the damage, to maintain his part of the division fences, the owner or person having the control of the beasts shall not be liable for such damage. beasts doing dam (5050.) SEC. 5. The beasts so distrained for doing damage, Impounding shall be impounded in the township pound, if there be one, age. and the distrainer shall leave with the pound keeper a memorandum in writing, signed by him, stating the cause of distraining, and the sum that he demands. from the owner, for the damages done by the beasts. delivered until and expenses (5051.) SEC. 6. The pound keeper shall not deliver the Beasts not to be beasts to the owner, until such owner shall pay him his fees, damages, fees and the expense of keeping such beasts, together with the paid. sum so demanded by the distrainer, and the expense of advertising such beasts, if they shall have been advertised, and all other legal costs and expenses. pounding beasts them. (5052.) SEC. 7. If there shall be no public pound within the when person imtownship, the beasts shall be impounded in some suitable to have care of place under the immediate care and inspection of the person who distrained them, and he shall furnish them with suitable food and water so long as they remain impounded. etc. (5053.) SEC. 8. When beasts are impounded for either of Notice to owner, the causes aforesaid, the person impounding them shall, within twenty-four hours thereafter, give notice thereof to the owner or person having the care or control of them, if known, and living within six miles from the place of impounding, which notice shall be delivered to the party, or left at his place of abode, and shall contain a description of the beasts, and a statement of the time, place and cause of impounding. When notice to be posted up in (5054.) SEC. 9. If there shall be no person entitled to notice. public places. according to the provisions of the preceding section, the person impounding the beasts shall, within forty-eight hours thereafter, cause to be posted up in three public places in the township, and in a public place in each of any two adjoining townships, if within four miles from the place where they were taken, a written notice, containing a description of the beasts, and a statement of the time, place and cause of impounding. When notice to be published in newspaper. Proceedings if owner dissatisfied with claim. Trid. If sum not paid, beasts to be sold. (5055.) SEC. 10. In case notice shall be given by posting up the same, if no person shall appear to claim the beasts within seven days after the day of impounding, a like notice shall be published for three successive weeks, in some public newspaper, if any there shall be published within twenty miles of the place of impounding, the first publication to be within fifteen days after the day of impounding. (5056.) SEC. 11. If the owner or keeper of the beasts shall be dissatisfied with the claim of the person impounding them, he may have the amount for which he is liable ascertained and determined by two disinterested and discreet persons, to be appointed and sworn for that purpose by a Justice of the Peace; and the sum determined by them shall be received instead of the sum demanded by the person who impounded the beasts, and they shall thereupon be delivered to the owner or keeper thereof. (5057.) SEC. 12. If the sum for which the beasts are impounded and detained, shall not be paid within fourteen days after notice of the impounding shall have been given, as before directed, or after the last publication of such notice in a newspaper, and shall not have been determined as aforesaid, the person who impounded them shall apply to a Justice of the Peace, and obtain a warrant to two disinterested and discreet persons, to be appointed and sworn by the Justice; and the persons so appointed and sworn shall ascertain and determine the sum due from the owner or keeper of the beasts, for damages, costs and expenses for which they are impounded and detained, including a reasonable compensation for their own services. (5058.) SEC. 13. If the sum so found to be due shall not be forthwith paid, the person who impounded the beasts shall cause them to be sold by auction in the township where they are impounded, first advertising the sale by posting up a notice thereof in three public places in the same township, at least five days before such sale. disposed of. (5059.) SEC. 14. The proceeds of the sale, after paying all How proceeds the said damages, costs and expenses, with the charges for advertising and selling the beasts, shall be deposited in the Treasury of the Township, for the use of the owner of the beasts, in case he shall substantiate his claim thereto, within two years from the time of sale. or rescued, may (5060.) SEC. 15. If any beasts that shall have been lawfully Boasts escaped distrained or impounded, shall escape or be rescued, the pound be retaken. keeper or person who distrained them, may, at any time within seven days thereafter, retake such beasts, and hold and dispose thereof, as if no escape or rescue had taken place. ing beasts dis (5061.) SEC. 16. If any person shall rescue any beasts dis- Penalty for rescutrained or impounded for any cause, he shall be liable to an trained. action on the case, to be brought by any person injured, to pay all damages which such person shall have sustained thereby, and all the fees and charges which shall have been incurred before the rescue, and shall also forfeit a sum not less than five, nor more than twenty dollars. tress to be tried replevin. (5062.) SEC. 17. The defendant in any action brought for Legality of dis rescuing beasts distrained or impounded, shall not be allowed only in action of to allege or give in evidence the insufficiency of the fences, or any other fact or circumstance to show that the distress or impounding was illegal; but if there is any ground of objection to the proceeding, of which he is entitled to avail himself, he may have the advantage thereof in an action of replevin, to be brought as provided in the following sections. REPLEVIN OF BEASTS DISTRAINED. Writ of replevin. (5063.) SEC. 18. Any person whose beasts are distrained or owner may have impounded, in order to recover any penalty or forfeiture sup-3 Mich. Rep., 163. posed to have been incurred by their going at large, or to obtain satisfaction for any damages alleged to have been done by them, may have a writ of replevin therefor out of the proper Court, and the same proceedings shall be had thereon as in other cases of replevin, except as hereinafter provided. (5064.) SEC. 19. Such writ shall not be executed in any case, Affidavit to be an unless the plaintiff in the action, or some person knowing the nexed to Writ. facts, shall make and annex to the writ an affidavit stating therein that the beasts, describing them, have been distrained or impounded, and are detained by the defendant, and that the consequence of failure. plaintiff therein is the owner of such beasts, or that he has a lawful right to the possession thereof. Bond to be given; (5065.) SEC. 20. The writ shall be served, and the property shall be appraised, and before delivery thereof to the plaintiff, a bond shall be given in like manner, and with the same effect as in other cases of replevin; but such property shall not be removed by the officer until such bond shall be given; and if such bond be not given within the time limited for that purpose, the property shall be relinquished by the Sheriff, and such failure shall be deemed a discontinuance of the suit by the plaintiff. Judgment for de fe idant, how to be rendered. Judgment for plaintiff (5066.) SEC. 21. If the beasts shall be replevied and delivered to the plaintiff, and judgment of non-suit or of disconti nuance be rendered against the plaintiff, or if it appear on the trial that the beasts were lawfully distrained, the defendant shall have judgment for such sum as shall be due from the plaintiff, for the penalty or forfeiture, or for the damages for which the beasts were impounded, together with all the lawful fees, costs, charges and expenses incurred by reason of the distress, to be assessed as in other cases, and also his costs of the action of replevin. (5067.) SEc. 22. If the plaintiff shall recover judgment against the defendant by default, or if it shall appear upon the trial that the beasts were distrained without any sufficient or justifiable cause, the plaintiff shall recover his damages caused by the unlawful detention of such beasts, to be assessed as in other actions of replevin, together with his costs of suit. SECTION 5075. When notice to be published in newspa- 5076. Contesting claims. 5077. Trial of question by Jury. 5078. All claims presented to be determined. 5080 When sale of premises ordered. 5082. Notice of sale and certificate of purchase. 5084, 5085. Distribution of proceeds, when and 5086. How surplus disposed of. 5087, 5088. When and how far attaching creditor to be preferred. 5089. Case of subsequent Attachment. 5090. Case of an intervening Attachment. 5031. Rights of attaching creditors and contractors among themselves. 5002. Debtor having a Life Estate, etc. 5093. Lien may be enforced against heirs and assigns. 5094. Suit may be prosecuted by represen tatives. SECTION 5095. Suit commenced by one creditor may be 5097. Costs. 5098. Action at common Law not prevented. OF CERTAIN LIENS UPON PERSONAL PROPERTY. 5102, 5103 Lien of Mechanics, etc., on Personal 5107. Proceedings if Defendant cannot be found. 5109. Enforcing liens in other cases. 5110. Expense of keeping beasts, when to be an Chapter One Hundred and Twenty-Six of Revised Statutes of 1846. OF CERTAIN LIENS UPON REAL PROPERTY. erty for labor and tain cases. 2 Doug. Mich., (5068.) SECTION 1. Every person who shall, by contract with Lien on real prop the owner of any piece of land, furnish labor or materials for materials in cererecting or repairing any building, or the appurtenances of 1840, p. 40. any building, on such land, shall have a lien upon the whole 54. piece of land, not exceeding one quarter of a section, including such building, in the manner hereinafter provided, for the amount due to him for such labor or materials, 4 Selden, 383. tach useless con eto. (5069.) Sec. 2. Such lien shall not attach unless the contract Lien not to atis made in writing, and signed by the owner of the land, or tract in writing, by some person duly authorized by him, and acknowledged, and recorded in the office of the Register of Deeds of the County where the land lies. solved. (5070.) SEC. 3. The lien shall be dissolved at the expiration When lien disof six months after the time when the money due by the contract, or the last instalment thereof, shall become due and payable, unless proceedings for enforcing the lien shall have been commenced within the said six months. may petition for (5071.) SEC. 4. When any sum due by such contract shall When Creditor remain unpaid for the space of sixty days after the same is order to sell. payable, the creditor may, upon a petition to the Circuit or County Court for the county in which the land lies, obtain an |