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which have accrued, for the expenses and trouble which have arisen, for rendering comfort and subsistence to the mother of such still-born child, and of decently interring the same, that the said
shall forthwith upon sight of this order, pay or cause to be paid to the overseers of the poor of said town for the time being, the sum of in satisfaction for the expense and trouble aforesaid ;" all the other parts of which order in such case shall be of the form of the order above recited.
Sec. 14. If sufficient security shall be proffered to the overseers of the poor in any case of complaint aforesaid under this act, and to their satisfaction, to indemnify such town for the support of such child, it shall be the duty of such overseers to accept such security.
An Act in relation to Firemen and Fire Companies.
SECTION 1. Firemen exempt from military duty 3. Penalty for neglect. after ten years service, except during 4. To make return of the number ex.
empted from military duty. 2. Clerks of companies to make return 5. Justices of the peace may take cog of members.
nizance of breaches of by-laws.
It is enacted by the General Assembly, as follows :
Section 1. All firemen who are by law exempted from military duty while serving as firemen, shall be forever exempted from military duty except in time of war, provided they shall serve in said capacity ten years in succession after they arrive at the age of twenty-one years.
Sec. 2. The clerk of every incorporated fire engine, hook and ladder, stationary engine and hydraulion company, shall, within ten days after the annual election of the officers thercof in every year, make return to the town clerk of the town in which any member of such company may reside, of the names of all the members of such company, and of all the members who are exempted from military duty and from serving as jurors, who are resident in such town.
Sec. 3. If the clerk of any such company shall neglect or refuse to make such return within the time aforesaid, he shall forfeit the sum of twenty dollars ; to be recovered before any justice of the peace in such town in an action of debt; the one half to and for the use of the person who shall sue for the same, and the other half to and for the use of said town.
Sec. 4. Whenever the general assembly hath heretofore
or shall hereafter exempt from military duty or from serving as jurors any portion of the members of any such company, elected by any village, district or town, it shall be the duty of the clerk of every such company annually, and within ten days after his election, to return to the town clerk of the town in which any member of such company may reside, a list of the names of such members as are or shall be so exempted and resident in such town.
Sec. 5. Every justice of the peace, unless where special provision be made to the contrary, in any town in which is any fire engine, hook and ladder, stationary engine or hydraulion company, the members of which are chosen by such town, or by any village or district or incorporated company within it, is fully authorized and empowered to take cognizance of any breach of any by-law or act that is or shall be lawfully made by such town, district, village or corporation, relating to the management of said engine or apparatus within the town in which such justice lives; to make up judgment pursuant to the same, and award execution for all penalties incurred thereby. Any person who shall think himself aggrieved at any such judgment may appeal therefrom to the next court of common pleas in the same county, observing the same rules as in other cases of appeal.
An Act in relation to the Discharge of Fire-Arms, and the
firing and selling of Fire-Works.
SECTION 1. Forfeiture for firing guns loaded with 4. Forfeiture for selling fire works with
ball or shot across road, street, &c. out license—or using the same. 2. Forfeiture for making bonfire in pub- 5. Forfeiture for firing gun, &c., belic street, &c.
tween sunset and sunrise. 3. Forfeiture for firing musket, &c., in 6. Forfeitures, how recovered and ap
Providence in certain other towns propriated. and places.
It is enacted by the General Assembly, as follows:
SECTION 1. If any person shall fire any rifle, gun, musket, blunderbuss or pistol, loaded with a bullet or shot, in or across any road, street, square or lane, he shall forfeit and pay not less than three dollars nor more than ten dollars.
Sec. 2. If any person shall make a bonfire in any public street, road, square or lane, without special permission from the town council of the town in which the same shall be made, he shall forfeit a sum not exceeding ten dollars.
Sec. 3. If any person shall fire any musket, rifle, fowlingpiece, blunderbuss or other small arms, not being at the time under military duty, within the following limits, viz: the whole city of Providence excepting the public waters and the public rivers therein ; also such parts of the towns of Cranston and Johnston as are contained within the following limits, to wit: beginning on the Pawtuxet road, at the Providence line; thence running southerly on said Pawtuxet road until it comes to the cross road leading to Cranston road; thence northerly and westerly with said cross road and Cranston road until it comes to the road which leads over Rocky-hill to Johnston meeting house ; thence northerly with said last mentioned road until it meets the Johnston road near Johnston meeting-house; thence easterly with said Johnston road until it comes to the line of Providence, to the place of beginning; also within one mile upon land from the State-house in the town of Bristol ; and the whole town of North-Providence; except upon land owned or occupied by him, or except on other days than the first day of the week, by permission of the owner or occupant of the land on and into which he may shoot, he shall forfeit and pay the sum of five dollars for the first offence, and ten dollars for every subsequent offence.
Sec. 4. If any person shall sell, offer for sale, enkindle or use, or suffer to be sold, offered for sale, enkindled or used, by his wife, children or servants or other persons whomsoever, any rocket, cracker, squib or other fire-works of a combustible nature ordinarily used for exhibition or amusement, unless he shall previously obtain special license from the town council of the town, and for the purpose of exhibition on a suitable occasion, he shall forfeit and pay the sum of ten dollars for each offence.
Sec. 5. If any person shall fire any gun, rifle, musket or blunderbuss in any road, street, lane or tavern, or other public house, after sun-setting and before sun-rising, he shall forfeit the sum of five dollars for the first offence, and seven dollars for every subsequent offence.
SEC. 6. All forfeitures accruing under this act shall be recovered by action of debt before any justice of the peace in the town where they shall be incurred; one half thercof to and for the use of the state, and the other half to and for the use of the person who shall sue for the same. But no such action shall be sustained unless commenced within thirty days from the time the same shall accrue.
An Act concerning Dogs.
SECTION 1. Town councils authorized to make 3. Owners of dogs to be liable for damlaws concerning dogs.
ages done by them to heep or cattle. 2. Town councils authorized to impose a On second judgment, dog to be killed.
tax on the owners of dogs. It is enacted by the General Assembly, as follows:
Section 1. The city council of the city of Providence, and the town councils of the several towns, are severally empowered to make such laws concerning dogs in their respective towns as they shall deem expedient; to be enforced by the destruction of the animal, or by pecuniary penalties not exceeding five dollars, to be recovered by action of debt, to such use as said city council or town council in their respective towns may prescribe.
SEC. 2. The town councils of the several towns are authorized to impose such yearly tax upon every person in their respective towns who shall own or keep any dog, for every dog owned or kept, as they shall judge proper; and also to make such laws to preveut damage being done to flocks of sheep and cattle as they may deem necessary.
SEC. 3. When any person shall have any sheep or cattle worried, torn or killed by any dog, he shall recover his damages against the owner of such dog, in an action on the case, with costs of suit ; and if afterwards any damage be done by such dog to any sheep or cattle, the owner of such dog shall pay to the party aggrieved double the damages ; to be recovered in like manner as aforesaid, with costs; and an order shall be made by the court before whom such second recovery shall be had, for killing such dog, and the same shall be done accordingly by the officer who shall be charged therewith.
An Act regulating Fences.
SECTION 1. What is a lawful fence.
6. Disputes about rights in fence, &c., 2. Partition fence to be kept up through settled by fence viewer.
7. Partition fence by agreement, how 3. Between improved lands to be main- maintained-agreement to be recorded
tained equally—between lands part 8. Party making more than his share, improved, &c., how maintained.
how compensated. 4. Proprietor neglecting to repair, com- 9. Penalty on fence viewer for neglect.
plaint may be made to fence viewer- 10. Fees of fence viewer. proceedings on complaint.
11. Marsh land not included in the act. 5. Water fence when to be kept up. 12. Cattle not to run on marsh.
It is enacted by the General Assembly, as follows :
SECTION 1. The fences herein after described are and shall be adjudged to be lawful fences, to wit: a hedge with a ditch shall be three feet high upon the bank of the ditch, well staked, at the distance of two feet and an half, bound together at the top, and sufficiently filled to prevent small stock from creeping through ; and the bank of the ditch shall not be less than one foot above the surface of the ground. A hedge without a ditch shall be four feet high, staked, bound and filled, as a hedge with a ditch. Post and rail fence on the bank of a ditch shall be four rails high, each well set in posts, and not less than four feet and an half high. A stone wall fence shall be four feet high with a flat stone hanging over the top thereof, or a good rail or pole thereon, well staked or secured with crotches or posts; and a stone wall without such flat stones, rails or posts on the top shall be four feet and a half high; and all other kinds of fences not herein particularly described shall be four feet and a half high.
Sec. 2. All partition fences shall run on the dividing line; and the owners shall have the right to place one half of the width thereof on the land of each adjoining proprietor. Such fences shall be kept up and maintained in good order through the year,
unless the parties concerned shall otherwise agree. Sec. 3. Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality by the proprietors or possessors of such lands respectively. In case any proprietor of land shall improve his land, the land adjoining being unimproved, and shall make the whole partition fence, the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one half of such partition fence, according to the value thereof at that time; and shall keep up and maintain the same ever afterwards, whether he shall continue to improve such land or not.
Sec. 4. When any proprietor or possessor of land shall neglect or refuse to repair or re-build any partition fence, or shall withdraw his fence from any division line, the aggrieved party may complain to any fence viewer of such town; who after due notice to such party shall attend and view the same ; and if he shall find said complaint to be true, he shall in writing require the delinquent party to repair or re-build the same within such time as he shall therein appoint, not exceeding fifteen days. If such order shall not be complied with, the complainant may repair or re-build the same in the manner set forth in said order, and when the same shall be com