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the rate of fifty-four pounds weight to the bushel; and rye meal shall be estimated after the rate of fifty pounds weight to the bushel; and if any person shall sell a less number of pounds of indian or rye meal for a bushel, he or she shall forfeit seventeen cents for every pound weight that is deficient of the aforesaid weight, to be recovered upon complaint thereof, before any justice or warden within this State; the one half thereof to and for the use of the poor of the town in which the same shall be sold, and the other half to the informer or complainant.
An act regulating the weight of Onions sold by the rope or 1785 '98.
bunch. Section 1. Be it enacted by the General Assembly, and by Weight of the authority thereof it is enacted, That each and every rope onions.
of or bunch of onions which shall be offered for sale in this State shall weigh three pounds: that every rope or bunch of onions which shall be offered for sale weighing less than three pounds, shall be forfeited to and for the use of the person who will give information thereof, before any justice of the peace or warden, who is hereby authorized to receive such information, and thereupon cause all such ropes or bunches of onions to be immediately seized, and on such information being duly proved, to cause the same to be declared forfeit as aforesaid.
Sec. 2. And be it further enacted, That every person who Penalty shall offer for sale any bunch or rope of onions short of for selling the weight hereby prescribed, shall also forfeit the sum weight. of twenty dollars, to be recovered by information or action before any one justice of the peace or warden.
An act establishing Pounds. Be it enacted by the General Assembly, and by the authori- Toronto ty thereof it is enacted, That each town in this State maintain shall erect and maintain, at their own charge, one or
pounds. more public pounds, for the impounding of horses, mules, neat cattle, sheep, goats, hogs and asses, for securing such animals agreeably to law, in some convenient place in such town, on the penalty of forfeiting the sum of thirty dollars for such neglect, to and for the use of the State, by every town which shall neglect the same.
1745 '98 An act for Impounding Cattle, Sheep, Horses and Hogs, and
for recovering Damages that shall be done by them.
Section 1. Bc it cnacted by the General Assembly, and damage by the authority thereof it is enacted, That if any cattle, sheep,
horses or hogs, shall break through a lawful fence, into
the grounds of any person, the person aggrieved shall have Or owner the liberty either to recover his damages by an action may have against the owner or owners thereof, or to impound the
said cattle, horses, sheep or hogs, in the public town
pound, until the damage and charge of impounding be Damages paid by the owner or owners: and the party aggrieved, in to be ap- order to entitle him to recover damages, either by action
or impounding, shall, within four days after such creatures break into his ground, get two freeholders of the town wherein the trespass is committed, to appraise the damage, and give the same under their hands, and lodge the same with the pound-keeper.
Sec. 2. And be it further enacted, That in case the owner
or owners of such cattle, sheep, horses or hogs, impoundless, &c. ed as aforesaid, shall not, within ten days after the impounding thereof,
pay and satisfy the damages appraised as aforesaid, and the charge of impounding and feeding said creatures, or replevy the same, in manner as is hereafter in this act directed, that then so many of said creatures shall be sold, by public auction, by the pound-keeper, as will
pay and satisfy the damages and charges as aforesaid: and the pound-keeper shall be allowed the same fees for such sale as are stated for the auctioneers in this State ; and the overplus, if any there be, shall be paid to the
owner or owners of such creatures. Duty and Sec. 3. And be it further enacted, That the pound-keeper
shall feed such cattle, horses, sheep and hogs, so impoundpoundkeeper. ed, at the charge of the owner or owners thereof, and shall
also be allowed, as his fee for impounding, for each neat beast, or horse, four cents, and for each hog or sheep, two cents, which shall be paid him before said creatures are released from the pound.
Sec. 4. And be it further enacted, That in case the owner replevying
or owners of such cattle, horses, sheep or hogs, shall see cause, they may replevy the same, giving sufficient bond to the justice or warden who shall grant such writ of replevin, in double the damages appraised, to prosecute the same with effect, if the damages exceed not the sum of twenty dollars, before two or more justices or wardens of
large to be rung:
the town where such creatures are impounded; and if the damages be above twenty dollars, then to be prosecuted at the next succeeding court of common pleas to be holden for the county where the damage was sustained : and the justices or wardens who shall grant such writ of replevin shall return the same, with the bond by them taken, (if triable at the court of common pleas.) into the clerk's office of said court, five days before the sitting of such court, and the party distraining shall, before trial, put in his avowry or justification of impounding; and in case the replevin be triable before the justices or wardens of the town as aforesaid, that then the same shall be prosecuted and determined by them, within five days after such writ of replevin shall be served, and not after.
Sec. 5. And be it further enacted, That no hog or hogs Hogs at in any town in this State, from the twelfth day of February to the twenty-sixth day of October, annually, shall go at large, without being yoked and rung, unless by act of any town it be ordered otherwise : and it shall and may be lawful for any person to impound any hog or hogs running loose contrary to this act; and the owner of such hog or hogs shall pay the fees and expences of impounding the same, before they be discharged from the pound. Form of the writ of replevin.
Writ of re
plevin. To the Town-Sergeant of the town of
or to any of the Constables of said town, greeting. You are hereby, in the name of the State of Rhode-Island and Providence Plantations, required to replevy belonging to
in the county of
now distrained or impounded by of in the county aforesaid, and deliver the said unto the said
he having given bond to me in the sum of dollars, to prosecute his replevin at the next court of common pleas to be holden for said county, on the Monday in to pay such costs and damages as the said shall then and there recover against him: hereof fail not, and make true return to me of this writ, with your doings thereon. Given under my hand and seal, in
aforesaid, in the year The same form of writs of replevin to be observed when cognizable before the justices and wardens, mutatis mutandis.
Cattle Sec. 6. And be it further enacted, That if any proprietor breaking through
or occupant of improved land shall suffer his part of the unlawful division fence to become or continue out of repair, and fence,
not conformable to law, whereby the proprietor or occuowner of fence li pant of any lands adjoining shall sustain injury by any able,
cattle, sheep, horses or hogs, breaking into his enclosures, through or over such unlawful fence, the party aggrieved shall be entitled to his action of trespass against the owner or occupant of such unlawful fence, to recover all damages which he shall have sustained by any cattle, sheep, horses or hogs, breaking into his enclosure through such unlawful fence; subject however to the conditions annexed to the first section of this act.
1811 '19 *20 *22. Remedy
169894739 An act to prevent Sheep and Cattle from being worried and torn
by Dogs. Section 1. Be it enacted by the General Assembly, and by the owners or authority thereof it is enacted, That when any person shall dogs which have any sheep or cattle worried, torn or killed by any kill sheep, dog or dogs, in such case the owner of such sheep or cat
tle shall recover his damages against the owner of such dog or dogs, by action of the case, with costs of suit; and if afterwards any further damage be done by such dog or dogs to any sheep or cattle, the owner of such dog or dogs shall pay to the party aggrieved thereby, double damages; to be recovered in like manner as aforesaid with costs; and that an order be made by the court before whom such recovery sha
shall be had, for killing such dog or dogs, and that the same be done accordingly by the officer who shall be charged therewith.
Sec. 2. And be it further enacted, That the town-coun
cils of the several towns in this State be and they are the own- hereby authorized and empowered to impose such tax or
taxes upon every person within their respective towns, who shall own or keep any dog or dogs, as they may think proper; and also to make such orders, by-laws and reguİations, to prevent damage being done to flocks of sheep
and cattle, by dogs, as they may deem necessary: ProvidProviso. ed however, That the towns of Providence, East-Greenwich,
Cranston, North-Providence, Portsmouth, Newport, Middletown, Tiverton, Hopkinton, New-Shoreham and Warwick, are hereby excepted from the provisions of this act.
1698 1729 '61 '94 98
An act concerning Dogs. Be it enacted by the General Assembly, and by the authority 20 122. thereof it is enacted, That the town-councils of the towns certain of Providence, Newport, Portsmouth, East-Greenwich, towns to Cranston, North-Providence, Middletown, Tiverton, Hop- relative to kinton, New-Shoreham and Warwick, be and they are dogs. hereby empowered to make and carry into execution such laws and regulations concerning dogs within their respective towns as they shall deem expedient, and to inflict To kill such penalties and forfeitures for the breach of such laws
they think and regulations as they may deem expedient, whether the proper. same extend to the destruction of the life of the animal or otherwise; and all pecuniary penalties inflicted by such Pecuniary town-councils respectively, shall be recovered by action of penalties debt or complaint, before any one or more of the justices covered. of the peace or wardens of the town in which a breach of such laws and regulations shall happen; provided that no Proviso. pecuniary penalty inflicted as aforesaid shall exceed the sum of five dollars.
An act for the Crying of Horses, Neat Cattle, Sheep and Hogs. 1734 98
Section 1. Be it enacted by the General Assembly, and by the Estrays authority thereof it is enacted, That it shall and may be law- how to be
proceeded ful for any person within this State, who shall find any with. horses, neat cattle, sheep or hogs, damage feasant, within his own land in this State, not knowing to whom the same belong, to take any creature so found as an estray, and within ten days next after such taking up of any such creature, to repair to the town-clerk of the town in which the same may be taken up, and give notice thereof; and Townthe said town-clerk shall thereupon cause to be made clerk to
notify esthree notifications, attested under his hand, setting forth the natural and artificial marks of such creature, one of which notifications shall 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 notification to be published in one of the newspapers printed in the town nearest to that in which such estray shall be taken up: May be and any creature so strayed and taken up shall be kept kept a by the person who took it up, one year and a day, (and if'a day it be a horse, to have a withe kept about his neck, the whole of said time,) and any person laying just claim to