Section 7. The owner of any live stock impounded under the provisions of this act shall have the right, at any time before the same are sold as hereinafter provided, but not afterwards, either to pay all costs then accrued and the amount of the damages awarded in the appraisement made by the viewers and thereby recover possession of his live stock, or to recover possession thereof by an action in replevin in which the person who took up the live stock and caused same to be impounded shall be defendant; and if the judgment in replevin be for the plaintiff, it shall be conditioned upon the plaintiff paying the amount of damages sustained by the party injured, the cost of keeping the live stock while impounded, and the fees of the constable, the justice of the peace, and the three viewers appointed by the justice of the peace to value and appraise said damages. The verdict of the jury shall itemize such costs, fees, and damages. In the event that the verdict returned by the jury in the matter of the damages suffered by the party injured is equal to or greater than the amount claimed by the party so injured, if no viewers have been appointed, or awarded by the viewers, if viewers have been appointed, the costs shall be paid by the plaintiff and the court shall tax, as part of said costs in the replevin case, a reasonable fee for the attorney for the defendant in the replevin case, the amount thereof to be fixed by the court. In the event that the verdict so rendered is less than the amount claimed by the party injured or awarded by the viewers, as the case may be, the costs shall be paid by the plaintiff, but no fee of any kind for the attorney for the defendant shall be taxed as part of said costs.
Compiler's Note. Pennsylvania Rule of Civil Procedure No.
1088(2), adopted March 11, 1991, provided that section 7
shall not be deemed suspended or affected by the rules of
civil procedure.