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either by impounding the cattle trespassing
pursuant to the provisions of this Ordi-
nance, or by summary procedure in manner
hereinafter prescribed. Provided always,
and it is hereby enacted, that neither
damages at the said fixed rates, nor special
damage, shall be recoverable by any occu-
pier of lands which shall not be enclosed by
a substantial and sufficient fence; neverthe-
less, without prejudice to the right of im-
pounding hereby conferred upon the occu-
piers of unfenced land.

21. It shall be lawful for the person ag-
    grieved by any trespass of cattle in respect
    of which damage shall be demandable, in-
    stead of impounding the cattle so trespass-
    ing to make his complaint to the Resident
    Magistrate, or any two Justices of the
    Peace, and such Magistrate or Justices shall
    summon before him or them the owner or
    person having charge of the said cattle, and
    it shall be lawful for such Magistrate or
    Justices at the time appointed by such
    summons for the appearance of the party
    complained against, whether he appear or
    not, upon proof of the service of such sum-
    mons summarily to inquire into and examine
    and hear and determine the matter of such
    complaint; and upon satisfactory proof of
    such trespass, and of the neglect and refusal
    of the party complained against to pay the
    damage after the said fixed rates, to issue his
    or their warrant to levy the same together
    with such costs as to the said Magistrate or
    Justices shall appear fair and reasonable.

22. Provided always that nothing herein
    contained shall extend or be construed to
    prevent the occupier of any land trespassed
    upon from waiving damages after the said
    fixed rates, and claiming in any competent
    Court full satisfaction for any special
    damage sustained by him in consequence of
    any trespass; but if the plaintiff in any such
    suit or action, shall not after waiving damages
    after the said fixed rates however a greater
    amount of damages, then he shall not be en-
    titled to, or receive, the costs of such suit or
    action from the defendant in the same, but
    the said defendant shall be entitled to and
    receive from the plaintiff the costs incurred
    by him the said defendant; and if the
    plaintiff in any such suit or action become
    nonsuit, or discontinue his said suit or ac-
    tion, or a judgment shall be given against
    him therein, the defendant shall be entitled
    to and receive double costs from such
    plaintiff.

23. Provided always that it shall be law-
    ful for any two Justices of the Peace, not
    interested in the matter in dispute, to take
    cognizance of, and decide in a summary
    way, all cause of action arising out of the
    impounding of cattle for trespass wherein
    neither the party impounding nor the party
    whose cattle shall be impounded claims any
    greater amount of damages than £20.

24. If the person whose cattle shall be
    impounded shall take out a summons in
    prosecution of his suit, and shall enter into
    security to the satisfaction of such Justices
    to prosecute his suit, it shall be lawful for
    the said Justices to direct the Poundkeeper
    in whose custody the cattle shall be to li-
    berate the same, and thereupon the Pound-
    keeper, upon payment to him of his lawful
    fees and charges due in respect of such cat-
    tle, shall liberate the same in like manner
    as if the said cattle had been replevied.

25. Upon hearing the parties, and upon
    examination of the merits of the case, it
    shall be lawful for such Justices to make
    such order as to damages and costs to be
    paid by either party, and as to the detention
    or delivery of the cattle, and as to the sale
    thereof, or any part thereof, in case of the
    non-payment of the amount of damage
    found to be due by them, or of any costs
    payable by the owner or person having
    charge of them, as shall be just, and to en-
    force the payment of such damages and costs
    in a summary way.

26. The keeper of every public Pound
    shall have and preserve at or near to the
    said Pound a copy of this Ordinance, and
    also a Pound-book ruled and divided into
    columns, as nearly as may be in the form
    in Schedule C hereunto annexed. And he
    shall enter into the said Pound-book, in a
    legible hand, the particulars of all cattle
    lodged in the said Pound, specifying the
    day and hour, as nearly as may be, when,
    and the cause for which, the same were re-
    spectively impounded, and by whom they
    were sent, the time and mode of giving no-
    tice of the said impounding, as by this Or-
    dinance required, and also when and in
    what manner the same were released, and
    by whose order, and to whom delivered;
    the particulars of sales and of the proceeds
    thereof, and by whose order the same were