When stray may be ta

ken up.

Ib.

Duty of per. son when owner known.

When unknown.

Duty of justice.

Ib.

Ib.

Stray to be

AN ACT relating to strays.

$1. No person shall take up any stray, at any time, unless it be found on his plantation, or on some road or unoccupied land within his township; but no person knowing the owner of a stray to be a resident of the same township with himself shall take up such stray, unless by consent of the owner, or unless it come within his enclosure, or remain on his plantation one week, except in such cases as may be hereinafter mentioned.

S2. If any stallion, gelding, mare, inule, ass, bull, ox or cow, liable to be taken up, come to any person's plantation, any other person of the same township may notify him of the fact; and if he fail to take up such stray, immediately after such notice, such other person may take up said stray, and proceed with it as if taken upon his own plantation.

$3. If any taker up of a stray shall know to whom such stray belongs, it shall be his duty to give notice, within seven days, to the owner, of the taking up of the same, and request him to take it away, after paying all actual damages and reasonable expenses; and if there should be any disagreement, as to the allowance to be made for such damages and expenses, it shall be settled by some justice of the peace of the county, who shall take into consideration, as an offset to such damages and expenses, any use or service the taker up may have had of such stray.

S4. If any person shall take up any stray, not knowing to whom it may belong, he shall, within ten days thereafter, unless it shall have been previously claimed and proved to be the property of the claimant, and a tender made of the compensation allowed, go before some justice of the peace and make oath, as to the manner and place of its being taken up, and that the marks and brands have not been since altered, to his knowledge.

S5. The justice shall issue a summons to three disinterested householders, or if it shall seem to him most expedient, under the circumstances of the case, to one such householder only, requiring him or them to make a fair and impartial appraisement of such stray, and a full description of its size, colour, age, mark or brand, to the truth of which such householder or householders shall make oath before said justice.

$6. Such appraisement and description shall be entered by the justice in a book, to be by him kept for that purpose; and within ten days thereafter he shall furnish the taker up with a certified copy of such entry, whose duty shall be to transmit the same to the clerk of the board of county commissioners.

$7. The justice of the peace shall also furnish the taker up with a statement of the duties required by law to be performed by such taker up.

$8. It shall be the duty of the taker up to advertise at three of advertised. the most public places in the township, by posting up written notices, containing a brief description of such stray, as sworn to by the appraisers, and embracing the name and residence of the taker up, and the time at which it was taken up.

$9. The clerk of the board of county commissioners, immediately Clerk to reafter receiving the certified copy from the justice's stray book, shall cord copy. record the same in a book, to be by him kept for that purpose.

to be posted

$10. Such clerk shall keep, in some conspicuous place in his of- Description fice, a list, containing a description of each stray, the place where, up. and the time when, it was taken up; and shall enter such description, of each stray, on the list, as soon as the certificate is filed in his office; any part of said list may be removed, when it has remained one year.

with printer.

$11. The county commissioners shall select and contract with Contract some printer within their county, if there be one, and if not, with any printer within their territory, to print all advertisements of strays, required by law to be published.

advertised.

$12. It shall be the duty of the county commissioners to cause one strays, how insertion of all advertisements of strays sent to them, to be printed by the printer with whom they have contracted, once in each month; and such printer shall send one copy of the paper containing such advertisement, to the clerk of each board of county commissioners with whom he may have contracted.

13. Such clerk shall receive, file and preserve in his office, all Papers filed. such papers sent to him for the inspection of all persons who desire to examine them.

$14. If the owner of any stray do not prove property therein ac- Taker up to cording to law, within thirty days from the time the same is taken pay clerk. up, the person taking it up shall pay the clerk all his fees, the necessary postage, the price of advertisement, and all other necessary expenses.

be worked.

one year.

S 15. Any person may use or work a stray, legally taken up by Stray may him, if he do so with care and moderation, and not abuse or injure it. $16. The owner of any stray, may within one year, from the time owner may of taking up, prove the same by evidence, before a justice of the recover in peace, and upon the payment of all costs, and a reasonable allowance for keeping the same, shall be entitled to recover the stray. If the owner and taker up cannot agree as to the amount of such allowance, it shall be settled by some justice of the peace, who shall take into consideration the trouble and expense of the taker whatever use or service he may have had of such stray.

up, and

17. If after the end of one year from the taking up of any stray, the owner shall appear and prove property therein, and pay all costs and expenses, as above provided, the taker shall pay him the appraisement price of the stray, or at his option, may deliver him the stray.

Taker up to

pay owner.

dies.

$ 18. If any stray, legally taken up, get away or die, without the when stray fault of the taker up, he shall not be liable for the same.

stray.

$19. If any person sell or barter or take out of this territory any Selling stray before the legal title shall have vested in him, he shall forfeit and pay the owner double its value.

unlawfully

$20. If any person unlawfully take up any stray, or if he shall Penalty for take up any stray and fail to comply with the provisions of this act, taking up. or shall keep the same more than ten days out of the county at any one time before he acquires a title to the same, such offender shall forfeit to the county a sum not exceeding thirty dollars.

Penalty for not adverti

sing.

Penalty on printer, &c.

Duty of per

son taking sheep, &c.

up hog

Fees of clerk.

Fees of justice.

Stallions not to run at

large.

Penalty.

Liability of

owner.

S21. If any person take up any stray and shall refuse to advertise as required by this act, such offender shall forfeit to the county a sum not exceeding fifty dollars.

S22. If any printer, clerk, or justice of the peace fail to perform the duties enjoined on him by this act, he shall forfeit to the county not less than five nor more than fifty dollars, and pay to the party injured not less than five nor more than one hundred dollars, to be recovered before any court having competent jurisdiction.

$23. Any person who shall take up any sheep, hog or goat, shall within ten days thereafter, unless it shall have been previously claimed, and property therein proved by the proper owner, and a tender made of the compensation allowed, go before some justice of the peace of the county, and make oath, as is required in the taking up of a stray horse. And such justice shall cause two disinterested householders of the township, to view such stray, who being first sworn, shall describe and appraise such stray. The taker up shall advertise such description and appraisement in three of the most public places in the township in which such strays are taken, and on failure of the claimant's appearing in one year and satisfying the costs of posting, the fees allowed for taking up, and a reasonable compensation for keeping such stray, to be ascertained by two disinterested householders, the taker up shall have a complete title to such property.

$24. The clerk of the county board shall receive the following fees for his services in relation to strays: for recording each certificate of an estray, thirty-seven and one-half cents; for entering on his of fice-list a description of such stray, thirty-seven and one half cents; whether such certificate contain a description of a greater or less number of animals.

$25. The justice of the peace shall receive the sum of thirty-seven and one half cents for each certificate of strays, appraised by his order, and shall put in one certificate all the animals taken up by any one person and appraised at the same time.

AN ACT to prevent stallions in certain cases from running at large.

S1. That it shall be unlawful for the owner or owners of any stallion to permit or suffer any such stallion over two years of age to run at large on the public highways, uninclosed grounds or commons, and out of the proper enclosure of such owner or owners; and the owner or owners of any such stallion who shall permit or suffer the same to run at large contrary to the provisions of this act, shall be fined in a sum not exceeding twenty-five dollars, and not less than ten dollars for each offence, to be recovered by action of debt, together with costs of suit, in any court having jurisdiction of the same, in the name of any person who will sue therefor; the one moiety of the penalty so recovered, to be paid to the prosecutor, and the other moiety to go to the use of the proper county.

$2. The owner or owners of any such stallion who shall suffer or permit the same to run at large, contrary to the provisions of this act shall be further liable for and pay all damages which any person may sustain in consequence of such horse running at large.

S3. This act shall take effect on the first day of May, A. D. Act to take

1839.

AN ACT respecting marks and brands for horses, cat

tle, sheep and hogs.

effect.

&c.

$1. That it shall be the duty of the clerks of the county com- Clerks to remissioners, in each county, on the application of any person, resident cord marks, in the county, to record a description of the marks or brands with which such person may be desirous of marking his horses, cattle, sheep or hogs; but the same description shall not be recorded for more than one resident of the same township.

using mark

$2. If any person shall wilfully mark any of his horses, cattle, Penalty for sheep, or hogs, with the same mark or brand previously recorded by of another, a resident of the same township, and while the same mark or brand &c. shall be used by him, the person so offending shall forfeit for every such offence, five dollars, to be recovered by action of debt before any justice of the peace, in the name and for the use of the person whose mark or brand shall be used; and if any person shall wilfully mark or brand the horses, cattle, sheep or hogs of any other person, with his own brand or mark, the person so offending, shall forfeit for every such offence, to the person injured, ten dollars, to be recovered by action of debt, before any justice of the peace, in the name and for the use of such person; and if any person shall wilfully destroy or alter any mark or brand upon any cattle, horses, sheep or hogs, the property of another, the person so offending shall, on conviction thereof before any justice of the peate, forfeit and pay for every such offence a sum not exceeding ten dollars, and shall moreover pay to the party injured double damages.

clerk.

S3. That the clerks of the board of county commissioners shall Fees of be entitled to receive for recording any mark or brand, twelve and a half cents, and for giving a certificate of the same, when required, twelve and a half cents.

AN ACT regulating fisheries.

be erected.

$1. That every person who shall erect across any stream of wa- Obstruc ter any dam or other obstruction to prevent the passage of fish, shall tions not to forfeit and pay for the use of the county where such dam or other obstruction may be situated, the sum of twenty dollars for every week during which such dam or other obstruction shall be continued: Provided, this section shall not extend to mill dams.

have slides.

$ 2. Every person who shall erect any dam, authorized by law, Dams to across any water course, as is mentioned in the next preceding section, shall affix to the same, a slide, chute, or waste-gate, to be left open at all times, when the water shall run over said dam to facilitate the passage of fish over the same, which shall receive a slope as great as three inches in every foot, horizontally; and if any such dam shall be erected, without such slide, chute, or waste-gate, it shall be competent for the grand jury, in the county where the same is erected, to present it as a nuisance; and if such indictment shall be sustained, the court shall direct the same to be removed.

License to keep ferry.

By whom granted.

Preference to whom

given.

Grantee to purchase boats.

Tolls, how

AN ACT to regulate ferries.

S1. No person shall keep a ferry, within two miles of any licensed ferry, and receive pay, unless he shall first obtain a license therefor from the county commissioners; and such license may be granted for such time as the commissioners shall think proper, not exceeding three years, and they may revoke the same when necessary.

S2. The said commissioners may grant licenses to suitable persons, but no such license shall be granted to any person other than the owner of the land through which the highway adjoining said ferry shall pass, unless such owner shall neglect to apply for such licence, after notice as hereinafter provided.

S3. Whenever application for a license to keep a ferry shall be made by any person other than such owner, the board shall not grant a license to such person, unless proof shall be made that the said applicant caused notice in writing to be given to such owner, at least eight days before the regular session of the board of commissioners, of his intention to make such application.

S4. If at any time the board of commissioners shall grant a license to a person who has not before kept such ferry, the said grantee shall purchase the boats of the previous keeper, at the appraisal of three disinterested persons appointed by said board, if such appraisers shall adjudge said boats to be good and sufficient for the use of said ferry.

$5. The board of the county commissioners shall establish the established. fares or tolls at each ferry, for passengers, horses, carriages and other things there transported, always having regard to the length and situation of each ferry, and the number of persons and teams passing the same; the said board shall also direct and determine the several hours in each day and night within which due attendance shall be given by each ferryman, and every ferryman shall have a list of the rates posted on the door of his ferry house.

Security to be given by

$6. Every person applying for a license shall, before the same be applicant. granted, enter into a recognizance to the United States in such sum as the commissioners may deem proper, with sufficient sureties for the faithful performance of his duties.

Duty of ferrymen.

Their lia bility.

Penalty for ferrying

$7. Every ferryman shall keep a safe and good boat or boats in good repair, adapted to the waters where they are to be used, and shall give ready attendance on passengers on all occasions, according to the regulations established for his ferry; and for every neglect in keeping such boat or boats or in giving such attendance, he shall forfeit a sum not exceeding twenty dollars, and be further liable in action on the case for all such damages as any person shall sustain by such neglect; and shall at all times when called upon, if the stream is passable, convey the mails and other public express across such ferry.

S8. Any person who shall sustain an injury by the negligence or default of any ferryman, may have a remedy by an action upon the bond required in this act.

S9. If any person without lawful authority shall keep a ferry without - within two miles of any licensed ferry, and demand pay or toll therefor, he shall forfeit a sum not exceeding five dollars for every day that he shall keep such ferry, and he shall be further liable in an

cense.