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the same county, and be there disposed of in like manner as civil actions before justices of the peace are disposed of, where title to real estate is brought in question by the pleadings.
Sec. 17. If the aggrieved person shall proceed by action against the owner or keeper of the trespassing beasts, he shall get two disinterested inhabitants of the same town wherein the trespass was committed to appraise the damages, and to give him a memorandum thereof in writing under their hands, which certificate shall be attached to his writ, and shall make an essential part thereof; and under no circumstances shall he recover of the defendant in such action a greater amount of damages than the amount named in such certificate.
Sec. 18. Nothing in this act contained shall be construed to impair the right of any proprietor or occupant of land to recover all the damages which he shall sustain by any cattle, sheep, horses or hoys breaking into his land, through that part of the division fence between him and the adjoining owner, which it is the right and duty of such adjoining owner to repair, if such part of said division fence shall at the time be out of repair or not conformable to law.
An Act to prevent certain Animals from going at large.
SECTION 1. Horses, neat cattle, &c., found at if no owner appear, &c., town treasularge, may be impounded.
rer may sell the animal-proceeds 2. Pound keeper to receive and feed them. how appropriated. 3. Owner shall not reclaim until keeper's 6. Town may exempt istelf or any part
fees are paid-fees of keeper-penal- froin operation of the act.
7. Town may extend it to goats and 4. Penalties how appropriated.
geese-keeper's fees in such case. 5. Pound keeper to set up notifications 8. Former acts repealed.
It is enacted by the General Assembly, as follows:
SECTION 1. If any horse, neat cattle, sheep or hog shall be going at large in any highway or common, it shall be lawful for any freeholder or qualified elector of the town within which such animal is at large, to take up such animal and impound the same in one of the public pounds of said town.
Sec. 2. It shall be the duty of the keeper of any pound in which any animal shall be impounded, for the cause set forth in the preceding section, to receive, and keep and feed such animal in such pound; and he shall and may duly milk any cow so impounded for his own use. Sec. 3. The owner of any animal so impounded shall not have the same out of said pound, until he shall first pay to the pound-keeper the expenses of keeping such animal ; no regard being had to the milk derived from the same; the pound-keeper's sees, to wit: for receiving the same into the pound, for each horse and neat-beast, four cents; and for each sheep and hog, two cents; for every notification set up or notice given to the owner, twenty-five cents; and the following penalties, to wit: for every horse, neat beast and hog, fifty cents, and for every sheep, ten cents.
Sec. 4. The pound-keeper shall pay one half part of every sum received by him as a penalty, in pursuance of the preceeding section, to the town treasurer of the town in which the pound is situated, and the other half to the person who impounded the animal. Sec. 5.
When any animal shall have continued in any pound for forty-eight hours, the pound-keeper shall, within forty-eight hours thereafter, set up notifications in at least three public places in the same town with said pound; one of which shall be at or near the office of the town clerk of such town, describing the natural and artificial marks, if any, on such animal, or shall give notice in writing to the owner of such animal; and if no owner shall appear within twenty days from the date of such notifications or notice, and pay the penalty and charges aforesaid, then the said pound-keeper shall deliver the said animal to the treasurer of such town, with a statement in writing of the time and manner in which the said animal was impounded, and of the proceedings of such pound-keeper in relation to the same; together with an account of the charges and expenses due from the owner of such animal to said pound-keeper by virtue of this act ; and if said treasurer shall find the proceedings of said poundkeeper correct, he shall sell said animal at public auction, after giving reasonable notice of such sale ; and shall, out of the proceeds of such sale, pay the incidental expenses of such sale, the cost of keeping such animal, after the same was delivered to him by the pound-keeper for sale, the expenses and charges aforesaid, the expenses and the penalty aforesaid, and in the order above, if the proceeds of the sale be not sufficient to pay the whole thereof.
Sec. 6. Any town may at a legal meeting pass a vote exempting itself or any part thereof from the operation of this act; after which this act, in such town or such part thereof, shall be of no effect; but the common law shall still remain in force.
Sec. 7. Any town may at any legal meeting pass a vote
In such case,
extending the provisions of this act to goats and to geese going at large within its limits ; and thereafter goats and geese going at large in such town or any part thereof, shall subject their owner to the same obligations and duties, and shall themso be disposed of in the same way, as is in this act provided in relation to the animals therein named. the pound-keeper's fees for receiving goats shall be four cents each, and for receiving geese, two cents each ; and the penalty shall be twenty cents for each goat, and five cents for each goose.
Sec. 8. From and after the time when this act goes into operation, all acts heretofore passed to prevent any animals from going at large in any town, or district or village, or any geese from so going at large ; the act authorizing the town of Newport to pass laws restraining all kinds of domestic animals from going at large ; an act entitled “ an act to authorize the town of Newport to make all necessary rules and regulations to prevent hogs and cows from running at large in the streets, highways or commons in said town;" and all acts authorizing or permitting any town to pass any by-law, ordinance or reyulation on the subject, are hereby repealed; except so far as relates to any suit then commenced, or any penalty then incurred.
An Act relative to Estrays.
may be taken up as estrays if the own.
be given to the town clerk in ten days 2. Town clerk to set up notifications of
the marks on such estray and adver
tise the same. 3. Estrays to be kept a year and a day,
and if a horse, with a withe about his neck-owner to have it within that
time on paying charges. 4. If no owner appear within a year and
a day finder to have it appraised, and to pay one half the appraisal to town
clerk, and then c invert to his own use. 5. Person taking up an estray and not
proceeding according to this act, to
forfeit five dollars. 6. Persons taking up an estray may use
it after notice to the town clerk. 7. Tonn clerk to keep record of his pro
ceedings—his fees stated. 8. This act to extend to no town where
other provision is made by law.
It is enacted by the General Assembly, as follows:
SECTION 1. If any person shail find any horse, neat-beast, sheep or hog on his own land, damage feasant, not knowing to whom the same belongs, he may take up such animal as an estray, and within ten days thereafter he shall repair to the town clerk of the town in which the same was taken up and give notice thereof.
SEC. 2. The said town clerk shall thereupon cause to be made three notifications, attested under his hand, setting forth the natural and artificial marks of such animal; one of which notifications he shall cause to be set up in the same town, and the other two in some public places in the two next towns in this state, and shall also cause such notifications to be published in one of the newspapers printed in the town nearest to that in which such estray shall be taken up.
Sec. 3. Any animal so strayed and taken up shall be kept by the person who took it up, one year and a day, and if it be a horse, to have a withe kept about his neck the whole of said time; and any person laying just claim to such animal may, at any time within the year and a day, have the same again upon paying the just and reasonable charges of keeping, crying and notifying as aforesaid, over and above the actual benefit derived from the use of the same; but in case any difference shall arise between the said parties about the charge of keeping such animal, the same shall be referred to three justices of the peace within said town, who are hereby directed and empowered to hear and determine the same, according to justice and equity, and to tax costs as in other cases ; which judgment shall be final.
Sec. 4. In case no owner shall appear and :1 day, the person who took up said animal shall repair to the town clerk, taking with him two electors of the neighborhood, who shall be by the town clerk engaged to make a faithful and true appraisal of said animal; and the person who took up said animal shall pay one half of the sum said animal shall be appraised at, after all just charges are deducted, into the hands of the town clerk, who shall give him a certificate from under his hand that he hath proceeded according to law with said animal ; whereupon the said person may convert the same to his own use.
Sec. 5. Any person taking up any such animal and not proceeding as is by this act required, shall forfeit and pay the sum of five dollars; to be recovered before any justice of the peace in the town where the offence shall be committed, by action of debt; one half thereof to and for the use of said town, the other half to and for the use of him who shall sue for the same.
Sec. 6. The person who shall take up any such animal may lawsully use the same during the year and day it may be in his possession, after he has given notice thereof to the town clerk, as required in the first section of this act.
Sec. 7. Each town clerk shall keep a fair record of all
within said year his proceedings under this act; and shall pay all monies by him received for any such estrays, and for which no owner appears, into the town treasury, immediately on receipt thereof; and the town clerk shall be paid for every animal so cried, and for every advertisement posted up or printed as aforesaid, twelve cents; and if no owner appear, and it be appraised and he give a certificate as aforesaid, he shall have twenty-five cents therefor.
Sec. 8. This act shall not extend to any town where other provision on this subject is made by law.
An Act concerning Crimes and Punishments. SECTION
Section 1. Treason against the state, by levying 12. Robbery, with imprisonment not less war, punished with imprisonment for
than five years. lite.
13. Rape, with imprisonment not less than 2. Misprison of treason against the state,
ten years. by levying war, punished with im- 14. Putting out an eye, &c., with malice prisonment, not exceeding twenty, or with intent to disfigure, with imnor less than five years, or be fined prisonment not more than ten years,
not exceeding ten thousand dollars. nor less than one year. 3. Two witnesses to the same overt act, 15. Duelling, with imprisonment not more
or confession in open court, requisite than seven years, nor less than one to convict any person of treason year.
against the state by levying war. 16 Challenging to a duel and accepting 4. Town meetings not called and holden a challenge, with imprisonment not
according to law, forbidden; the mod- more than seven years, nor less than erator and clerk of any such meeting
one year. to be fined not more than one thou. 17. Inhabitant of this state fighting a duel sand dollars, nor less than five hun- out of the state, and wounding a perdred dollars, and imprisoned six son tbat afterwards dies in this state, months.
guilty of murder. 5. Punishment for consenting to accept 18. Inhabitant of this state a second in
any office to be obtained by election any duel out of the state, and present at any unlawful lown meeting; fine when a morial wound is infiicted, of not exceeding two thousand dollars, which the person dies in this state, and imprisonment for one year.
accessary before the fact to the crime 6. Punishment for assuming the office of murder.
of governor, &c., without due elec- 19. Former conviction or acquital in state tion, imprisonment for life.
where duel fought, bar to proceedings 7. Meetings described in fourth section, in this state, under two next preced
and all meetings of persons not au- ing sections. thorized by law, as the general assem- 20. Poisoning food, &c., or wells, with inbly, to be dispersed by civil posse or
tent to kill or injure any person, punmilitary force.
ished with imprisonment for life, or 8. Supreme court alone authorized to try any term of years.
offences against preceding sections. 21. Threats to accuse a person of a crime, Indictments may be found and tried &c., to extort money, with imprisonin any county.
ment not more then two years, or fine 9. Complaints for any breach of forego- not more than five hundred dollars.
ing sections to be allowed by the 22. Assault with intent to murder, &c., governor or attorney general, before with imprisonment not more than warrants are to issue thereon from twenty years, nor less than one year. any justice of the peace. Persons 23. Mayhem, with imprisonment not more adjudged probably guilty by a magis. than five years, nor less than one year.
trate, to be imprisoned in any county. 24. Assault and battery, with imprison10. Murder punished with death.
ment not more than six months, or 11. Manslaughier, with not exceeding fine not more than one hundred dol. twenty years imprisonment.