
    Pratt against Petrie.
    Cattle damage feasant, cannot be impounded until the damage has been ascertained and appraised by two fence-viewers, according to the direction of the act.
    In error on certiorari. The plaintiffbrought an action of trespass against the defendant, in the court below, for taking away and impounding the plaintiff’s cow. The jury found a verdict for the defendant for six cents.
    
      Gold, for the plaintiff in error,
    stated three exceptions. 1. That there was no evidence before the justice, that the cow was damage feasant, on the defendant’s land. 2. That the damage was not appraised within 24 hours after the distress, as the act required. 3. That the cow was impounded before any appraisement of the damages.
    
    
      Platt, contra.
    
      
      
        Laws of N. F.vol. L p.333.334.$l0
    
   Per Curiam-.

The third objection is fatal. The act requires the damages to be ascertained by two fence-viewers, before the beast be impounded. The judgment below must be reversed.

Judgment reversed  