After a continuance, the opinion of the Court was drawn up by
Weston C. J.There was evidence to charge the defendant, as the impounder of the cattle. The act was done by him: and there was no written certificate, such as the statute requires, to fix the liability upon any other person.
The defendant has failed to make out any defence, under the statute of 1834; and by that statute, the right to impound at common law, in such a case as this, is expressly taken away.
Exceptions overruled.