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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 hogs 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 large, may be impounded.

2. Pound keeper to receive and feed them. 3. Owner shall not reclaim until keeper's fees are paid-fees of keeper-penalties.

4. Penalties how appropriated.

5. Pound keeper to set up notifications

SECTION

if no owner appear, &c., town treasurer may sell the animal-proceeds how appropriated.

6. Town may exempt istelf or any part
from operation of the act.

7. Town may extend it to goats and
geese-keeper's fees in such case.
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 Former acts repealed.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 fees, 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

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 themselves be disposed of in the same way, as is in this act provided in relation to the animals therein named. In such case, 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 regulation on the subject, are hereby repealed; except so far as relates to any suit then commenced, or any penalty then incurred.

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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 within said year and a 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 lawfully 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

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.

SECTION

An Act concerning Crimes and Punishments.

1. Treason against the state, by levying war, punished with imprisonment for life.

2. Misprison of treason against the state, by levying war, punished with imprisonment, not exceeding twenty, nor less than five years, or be fined not exceeding ten thousand dollars. 3. Two witnesses to the same overt act, or confession in open court, requisite to convict any person of treason against the state by levying war. 4. Town meetings not called and holden according to law, forbidden; the moderator and clerk of any such meeting to be fined not more than one thousand dollars, nor less than five hundred dollars, and imprisoned six months.

5. Punishment for consenting to accept any office to be obtained by election at any unlawful town meeting; fine not exceeding two thousand dollars, and imprisonment for one year. 6. Punishment for assuming the office of governor, &c., without due election, imprisonment for life.

7. Meetings described in fourth section, and all meetings of persons not authorized by law, as the general assembly, to be dispersed by civil posse or military force.

8. Supreme court alone authorized to try offences against preceding sections. Indictments may be found and tried in any county.

9. Complaints for any breach of foregoing sections to be allowed by the governor or attorney general, before warrants are to issue thereon from any justice of the peace. Persons adjudged probably guilty by a magistrate, to be imprisoned in any county. 10. Murder punished with death. 11. Manslaughter, with not exceeding twenty years imprisonment.

SECTION

12. Robbery, with imprisonment not less than five years.

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Rape, with imprisonment not less than ten years.

Putting out an eye, &c., with malice or with intent to disfigure, with imprisonment not more than ten years, nor less than one year.

Duelling, with imprisonment not more than seven years, nor less than one year.

Challenging to a duel and accepting a challenge, with imprisonment not more than seven years, nor less than one year.

Inhabitant of this state fighting a duel out of the state, and wounding a person that afterwards dies in this state, guilty of murder.

Inhabitant of this state a second in any duel out of the state, and present when a mortal wound is inflicted, of which the person dies in this state, accessary before the fact to the crime of murder.

Former conviction or acquital in state where duel fought, bar to proceedings in this state, under two next preceding sections.

Poisoning food, &c., or wells, with intent to kill or injure any person, punished with imprisonment for life, or any term of years.

Threats to accuse a person of a crime, &c., to extort money, with imprisonment not more then two years, or fine not more than five hundred dollars. Assault with intent to murder, &c., with imprisonment not more than twenty years, nor less than one year. Mayhem, with imprisonment not more than five years, nor less than one year. Assault and battery, with imprisonment not more than six months, or fine not more than one hundred dollars.

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