I  3082.  Action  nfrnlnnt  pernon  svilferlnflr  animalfl  to  utrtLT*

Any  person,  who  suffers  or  permits  one  or  more  cattle,  horses,
colts,  asses,  mules,  swine,  sheep,  or  goats,  to  run  at  Inrge,  or  to
be  herded  or  pastured,  in  a  public  street,  highway,  park  or  place,
elsewhere  than  in  a  city,  incurs  thereby  the  penalty  or-  penalties
sjKicified  in  the  next  section;  and  any  resident  of  the  town,  or
tl.c  officer  to  whom  a  fine  or  penalty  is  lo  he  paid  for  the  benefit
of  the  poor,  as  prescribed  in  section  2875  of  this  act,  or  tho
overseer  or  superintendent  of  the  poor  of  the  town  or  district,
in  which  one  or  more  of  those  animals  are  found  so  running  at
large,  herded,  or  postured,  may  maintain  an  action  against  him,
in  a  justice's  court,  held  in  that  town  or  district,  to  recover  the

Eenalty  or  penalties  so  incurred.  Where  the  action  is  brought
y  a  private  person,  the  justice  must  pay  the  proceeds  of  on
execution,  issued  upon  a  judgment  therein  in  favor  of  the  plaintiff,
after  deducting  the  costs,  to  the  officer,  who  might  have  brought
the  action,  as  prescribed  In  this  section,  to  be  applied  by  him  to
the  support  of  the  poor  within  his  town  or  district.
L.  1882,  cb.  4S9,  f  1  (3  Edm.  547);  L.  1872.  eh.  776,  {  1  (9  Bdm.  476);  L.
1867.  ch.  814  (7  Edm.  185).
I  808S.  Pemaltles  to  be  recovered.
If  the  plaintiff  recovers  judgment.  In  an  action  brought  as
pr«fcribed  in  th«  last  section,  the  justice  must  award  to  iiim  tbe

81U


SS  3084-87  JUSTICES'  COURTS.  c.  19,  t  10

following  sams,  by  waj  of  penalties,  besides  the  costs  of  Ike
action:

1.  For  each  horse,  colt,  ass,  mule,  swine,  bull,  ox,  cow,  or  cal^
fire  dollars.
