Owner to be summoned, damage assessed and payment enforced

(1) A magistrate may, on complaint upon oath made to him by any person sustaining damage from cattle as aforesaid, issue his summons for the appearance of the owner of the animal so trespassing, when known, or his agent, and on the appearance of the owner, or agent, or in his absence, on proof of the service of the summons either personally or by leaving it at the usual place of residence of such owner, or agent, examine into the nature and amount of the damage alleged to have been committed, and make such order for the payment of the value 12 thereof by the said owner, or agent, whether the last mentioned party is examined or not, together with all reasonable cost of pounding, feeding, police officer’s fees, witnesses and other incidental charges as to such magistrate seems just. (2) For that purpose the magistrate may compel the attendance of all necessary witnesses, and administer oaths to all parties examined. (3) In case such order is not complied with, the magistrate making it may direct, by warrant under his hand, any police officer, by public sale of the animal so trespassing when impounded, to levy and raise the sum awarded by such order, together with all expenses of sale. (4) If necessary, the magistrate may direct any police officer, by distress and sale of the other goods and chattels of the owner of such animal, to levy and raise the sum awarded by such order or any balance not satisfied under the said warrant. (5) The magistrate making such order as described in subsection (1) of this section, may make at his discretion reasonable deduction from the amount of damages so ascertained on account of any negligence or other misconduct on the part of the person complaining, either by undue delay in making his complaint or by ill-treatment of the animal