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TITLE III.

OF POUNDS.

CHAPTER XV.

AN ORDINANCE RELATIVE TO POUNDS AND TO PREVENT CATTLE RUNNING AT LARGE.

[Passed June 3, 1861.]

Be it Ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor.

SECTION I. The common council of the city of Ann Arbor shall, as soon as practicable, provide two suitable pounds, one to be located north of Huron river, to be styled "North Pound;' the other south of Huron river to be styled "South Pound ;" and shall appoint a pound-keeper for each pound, who shall hold the office until another is appointed in his place.

SEC. 2. It shall be the duty of each pound-keeper to receive from any person, whose duty it is by this ordinance to drive the same, all animals so driven to the pound under his charge, to pay for driving, to safely keep, care for, and feed, to deliver to the owner upon receiving his fees with all expenses, and to give notice and sell the same if not taken away in accordance with this ordinance; he shall keep an account of all sales with a description of the animals sold, the amount for which it was sold, with the name of the purchaser, the cost and charges against such, crediting the balance to the city, and if paid to the owner state to whom and take his receipt therefor; he shall file a copy of such record with his account and receipt and the city treasurer's receipt with the recorder between the first and fifteenth day of March in each year, immediately preceding which he shall pay to the city treasurer all balances in his hands.

SEC. 3. It shall be unlawful for any horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, shoat, pig, sheep, goose or duck, to go at large within the limits of the city of Ann Arbor, and it shall be lawful for any person, and it shall be the duty of the marshal and each of his deputies of said city, to drive the same to pound or cause the same to be so driven, and for driving the same to pound, as aforesaid, the marshal, or any person so driving, shall be entitled to receive two dollars for each horse, mare, mule, colt, bull, ox, steer, cow, calf, hog, or shoat, and five cents for each sucking pig, sheep, goose or duck.*

SEC. 4. The pound-keeper shall be entitled to the same fees for receiving that the driver is for driving each animal, together with reasonable charges for keeping and feeding, not exceeding twenty-five cents per day, which shall be paid him by the owner thereof or by some other person, before such animal shall be released from the pound, and if the owner shall not pay the fees for driving, impounding, and all reasonable charges within forty-eight hours after the same is impounded, then the poundkeeper shall sell such animals at public vendue, at the pound, giving three days' notice thereof by advertisements posted at the pound, at the nearest public house, and at the postoffice in said city, except the geese and ducks, which may be sold after fortyeight hours' detention without notice, two or more bidders being present; the pound-keeper shall be entitled to receive out of proceeds of the sale fifty cents for advertising each lot of animals and five per cent. on amount of sale for selling, he shall return the surplus to the owner of such animal, provided it shall be demanded previous to its being paid to the city treasurer.

SEC. 5. It shall be the duty of the marshal, and each of his deputies, to carry the provisions of this ordinance into effect, and upon complaint, before any justice of the peace in said city, of a neglect or failure, after due notice, to drive or cause to be driven to the pound, any horse, mare mule, colt, bull, ox, steer, cow, calf, hog, shoat, pig, sheep, goose, or duck found running at large in said city, with proper proof thereof, he shall, on con

* As amended April 21. 1875.

viction, be sentenced to a fine of not less than one dollar nor more than five dollars, together with cost of prosecution.

SEC. 6. If either of the pound-keepers shall refuse to receive any animals driven to the pound, in accordance with this ordinance, or shall wilfully neglect any other duty hereby prescribed, he shall, upon conviction, pay a fine of one dollar and costs of prosecution, and if he shall neglect to render a correct account and to pay over whatever balance there may be in his hands, according to section two, he shall, upon complaint and conviction before any justice of the peace in said city, pay a fine of not less than ten dollars, together with the amount of all moneys ascertained to be in his hands, and costs of prosecution. SEC. 7. If any person shall wilfully break or attempt to break either of the pounds in said city, or rescue or attempt to rescue any animal confined therein, or while being driven thereto, or attempt to prevent the same from being retaken, provided it shall have escaped, he shall, upon conviction thereof, be fined not exeeding fifty dollars and costs of prosecution, or imprisoned ten days and costs of prosecution, or both, according to discretion of the court.

An ordinance entitled "An ordinance to prevent hogs running at large," an ordinance relative to cattle running at large, an ordinance relative to hogs and cattle running at large, an ordinance amendatory of the same, and all other ordinances inconsistent with the provisions of this ordinance are hereby repealed.

CHAPTER XVI.

AN ORDINANCE TO AMEND AN ORDINANCE RELATIVE TO POUNDS AND IMPOUNDING CATTLE.

[Passed June 2, 1862.]

Be it ordained by the Mayor, Recorder and Aldermen of the City of Ann Arbor, That the " Ordinance relative to pounds and impounding cattle," is hereby amended as follows:

SECTION 1.

SEC. 2.

*

When any cow or other animal shall have entered

*Repealed October 5, 1874.

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