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gelding, mule or ass, to be recovered before any justice of the peace in the county, if the sum of damages be under one hundred dollars, otherwise in the circuit court.

Sec. 5. Any person letting any stallion to any mare, within any town or village in this State, the same not being incorporated, or immediately in the vicinity thereof, that may expose such conduct to public view, shall be liable to pay a fine not exceeding five dollars, at the discretion of any justice of the peace, to whom complaint shall be made, with costs of prosecution.

Sec. 6. All sums or penalties incurred under the provisions of this chapter, provided the same do not exeeed one hundred dollars, shall be recovered before any justice of the peace; if above that, in the circuit court; and appeals shall be allowed as in other cases, to said court.

APPROVED: March 3, 1845.

CHAPTER L.

IDIOTS AND LUNATICS.

SECTION
1. If jury summoned to inquire, find person to be

idiot, &c., court may appoirt guardian.
2. Person appointed to give bond.
3. His powers and duties ; may be removed for

cause. 4. Shall collect and pay out money; may sell es

tate to pay debts and support idiot and family. 5. Guardian may sue and be sued; properly may

be sold on execution as in ordinary cases.

SECTION
6. Powers and duties of overseers of the poor and

county commissioners, as to support of in

sane poor. 7. Disposition of property in case of recovery of

reason, or death. 8. Contracts, &c., of lunatics, void as to lunatics,

but good as to other party. 9. Persons taking advantage of lunatics, &c.,

deemed swindlers and punished.

SecȚion 1. Whenever any idiot, lunatic or distracted person has any estate, real or personal, the judge of the circuit court of the county in which such idiot, lunatic or distracted person lives, shall, on the application of any creditor or relation, or if there be neither creditor nor relation, then any person living in such county, order a jury to be summoned, to ascertain whether such person be lunatic, insane or distracted ; and if the said jury return, in their verdict, that such person is lunatic, insane or distracted, it shall be the duty of the judge aforesaid, to appoint some fit person to be the conservator of such idiot, lunatic or distracted person.

Sec. 2. The conservator of such estate, so appointed, shall enter into bond with sufficient security, to be approved by the said judge, to the treasurer of the county in which such idiot, lunatic or distracted person resides, in double the amount of such estate, for the faithful discharge of his duty.

Sec. 3. Such conservator shall have the entire care of the estate of such idiot, lunatic or distracted person, both real and personal ; and such conservator shall forthwith make a true and perfect inventory of said estate, and return the same into the office of the clerk of the circuit court of said county, where it shall be kept on file; and shall render his account to the judge of said court, of the management of such trust, when thereto required; and shall be allowed by such judge reasonable compensation for his services. And said court shall have power to

remove such conservator for neglect of duty or mismanagement of his trust, and appoint another in his place.

Sec. 4. It shall be the duty of such conservator, to apply the annual income and the profits thereof, to the support of such idiot, lunatic or distracted person, his or her family. He shall have power to collect all debts due to such person, and to institute suits for that purpose, and to adjust and settle all accounts and debts due from him or her: he may sell or dispose of the personal estate to pay his or her debts, or to support him or her, or his or her family, and to educate the children of the same.

Sec. 5. The said conservator may sue and be sued, in every instance, as the representative of the person so insane, lunatic or distracted, and execution may issue in the name of, and against the said conservator, as representative as aforesaid ; and all the property of such person may be sold to pay his or her just debts, that might or could be sold in other cases.

Sec. 6. The overseers of the poor in every county, shall take charge of the body of any person so insane, lunatic or distracted, and shall have power to confine him or her, and shall comfortably support such person, and make out an account thereof, and return the same to the county commissioners' court, whose duty it shall be to make an order, requiring the treasurer of said county to pay the same out of any money in the treasury of said county not otherwise appropriated.

Sec. 7. If such person, as aforesaid, shall be restored to his or her reason, then what remains of his or her property and estate, shall be returned to him or her; or in case of his or her death, to his or her heirs, executors or administrators, after a reasonable allowance to said conservator for his services, to be ascertained by the judge of said court.

Sec. 8. All contracts, agreements or credits with idiots, lunatics or distracted persons, either by note, bond, bill or otherwise, shall be void, as against said idiot, lunatic or distracted person ; but persons making such contracts or agreements, with such idiot, lunatic or distracted person, shall be bound thereby.

Sec. 9. If any person or persons shall, by trading with, bartering, gaming or any other device, possess himself or herself, or themselves, of any property or valuable thing, belonging to any idiot, lunatic or notoriously distracted person, he, she or they shall be deemed guilty of swindling, and upon conviction thereof, shall be liable to all the penalties as in other cases of swindling, and any person may ap. pear and prosecute with effect.

APPROVED: March 3, 1845.

CHAPTER LI.

INCLOSURES AND FENCES.

SECTION
1. Common fields, owners of, may make rules and

regulations.
2. May elect officers; their duties, &c.
3. Field committee may be chosen; their duties.
4. Proprietors may tax themselves.

SECTION

5. Authority of field committee.
6. Fencing, how regulated and kept up.
7. Lands adjoining common field, owners of, how

to proceed.
8. Accounts for services, how audited and paid.

SECTION

9. Proprietors may fine either of themselves. 10. Common field shall be inclosed. 11. Fencing, regulations relative thereto, further de

tined. 12. Fence viewers, their duty when fence insuffi

cient. 13. Costs and charges for making or repairing fence,

how collected. 14. Inclosures, how may be made. 16. Damages for injury to inclosure, how recovered.

SECTION
16. Condition of fence, when trespass committed,

how ascertained.
17. Penalty for injuring cattle, &c.
18. Animals trespassing, owners shall be notified.
19. Fence, when made on land of another, may be

removed.
20. When fence made by mistake, owner shall not

throw down.
21. Division of land, how made.

Section 1. Those who are or shall be proprietors or owners of land, in any field that is now occupied, used and declared, or that shall hereafter be occupied, used or declared to be a common field, may meet together, by themselves or agents, annually, on the first Monday in March, or such other days as they shall appoint, at some convenient place by them appointed, for the purpose of making such rules and regulations as to them shall seem meet for the well ordering of the affairs of such field, with respect to fencing and cultivation, and all other things necessary for the well managing the same, for the common interest of such proprietors ; in which meeting the proprietors of such field, shall have full power by their major vote, to be computed by interest, to order all such affairs and make such regulations as they shall deem proper and expedient for the purpose aforesaid : Provided, always, That any person who is a proprietor in any common field, may, at any time hereafter, separate his, her or their land, from such common field, by sencing the same, subject only to making and keeping in repair sences in like manner as persons haring inclosures adjoining to the common fields, as by this law directed.

Sec. 2. The better to enable them to carry on and manage the affairs of such field, they are hereby authorized and empowered to elect a chairman, clerk and treasurer, who shall be sworn to the faithful discharge of their duties, respectively; and the clerk shall enter and record all the acts, votes and resolutions of the said proprietors, relating to the management of the said common fields; and shall continue in his office until another shall be chosen and qualified to serve in his room; and that the election of chairman, clerk and treasurer, shall be annually or otherwise, as shall be determined by the said proprietors or a majority of them, in their lawful meetings assembled.

Sec. 3. For the better management of their common fields, they shall choose a committee of three persons, which shall be styled “the field committee,” who shall be sworn to a faithful discharge of their duties; the said committee

may

call a meeting of the proprietors of such field when they shall judge it needful, by giving warning to such of them as live in the town or village, verbally, where such fields lie, and to the agents, if any, of non-resident proprietors, ten days previous to the time of such meeting, or by warning such proprietors in such other manner as they shall, in their lawful meetings, agree upon.

Sec. 4. The proprietors of common fields are hereby authorized and empowered, at their lawful mectings, to grant and levy taxes on themselves, when they shall judge it needful, according to their several interests in such fields, for defraying the charges that may arise in setting out and designating the proportion of, or altering the fence of such fields, in making gates and bridges, or for any other public or common charge, relating to such fields; and to appoint assessors and collectors for the making, apportioning and collecting such taxes; which collectors shall have the same power and authority, in every respect, as the collectors of county

taxes ; which taxes, when collected, shall be paid into the hands of the treasurer, and shall be appropriated by a majority of the proprietors for the common benefit.

Sec. 5. The field committee shall point out and designate the place where, and the proportion which each proprietor shall erect of such common fence, and every proprietor in such common field shall duly erect and maintain his, her or their proportion in such common fence, according to the directions of such committee : Prorided, Such committee shall attend all orders and comply with all regulations of the major part of the proprietors of such common field, for the improvement thereof for the common benefit, under the penalties of such fines and forfeitures as shall be lawfully annexed to the breach or neglect of such orders or regulations.

Sec. 6. Any person or persons having his, her or their part or proportion of common fence designated by the said field committee, shall have liberty, in order to make or repair the same, of passing over any person's lot or land whatsoever, whenever it shall be necessary for the purpose aforesaid; and when it shall so happen that the line of fence ordered as aforesaid, for the inclosing or securing any common field, shall run in upon or intersect the fence of any person making a particular inclosure adjoining the common field, the one-half of the division fence between such particular inclosure and the common field as aforesaid, shall be made and maintained by the proprietors of such common field, and the other half by the owner of such particular inclosure; and if any person or persons, whose land shall adjoin any such common field, shall neglect to keep in repair, and maintain his, her or their part of such fence, after being requested thereto by the field committee, in writing under their hands for the space of ten days, it shall be lawful for the said committee to repair the said fence at the proper charges of the delinquent; which expense, after being estimated by two reputable freeholders of the town or village wherein such fields are situated, may be recovered by action of debt, before any court having competent jurisdiction, together with costs.

Sec. 7. If any person or persons, whose lands shall adjoin such common field, shall lay open the same, without giving two months' notice thereof in writing, loged with the clerk of such common field, such person or persons shall be liable to pay all damages that may accrue to the proprietors, or to any of them, of such common fields, to be recovered in any action of damages, before any court having competent jurisdiction.

Sec. 8. All accounts for any services rendered any person acting under the appointment of, or by the direction of the major part of the proprietors of common fields, shall be paid out of the common treasury of such proprietors, after being audited by the field committee, except the accounts of such field committee, which last mentioned accounts shall be audited by a special committee; and all orders on the treasurer shall be signed by the chairman, and attested by the clerk; and the collectors shall, for all or any moneys by them paid to the treasurer, demand duplicate receipts, one of which shall be held by the said collectors, and the other lodged with the clerk; the treasurer shall also demand duplicate receipts for all moneys paid by him, on orders on the treasury, one of which receipts shall be holden by the treasurer, and the other lodged with the clerk.

Sec. 9. The proprietors of common fields shall have power, by their major votes, in lawful meetings assembled, to order all such fines and forfeitures, on either, or any of themselves, as to them shall seem reasonable, for carrying into effect any of their rules and regulations, for the common benefit of the said proprietors : Provided, nevertheless, That the penalty does not exceed the sum of five dollars, and that the person or persons thinking himself or themselves to be unreasonably or

oppressively fined, shall have the right to appeal from the judgment of said proprietors to the next circuit court holden for said county: Provided, That notice of such appeal shall be given within ten days after the judgment be given by the said proprietors.

Sec. 10. The said common field shall be inclosed with a good and sufficient lence, according to law, on or before the first day of May in each and every year, or such other day as the said proprietors may appoint; and no cattle, horses or other animals, shall be sufiered to be put into such fields, for the purpose of depasturing therein, between the first day of May and the fifteenth day of November, in each and every year, or on such other day and time as the proprietors may agree upon, under the penalty of paying such fines as shall be ordered by the said proprietors, in lawful meeting assembled.

Sec. 11. For the better ascertaining and regulating of partition fences, it is hereby directed, that when any neighbors shall improve lands adjacent to each other, or when any person shall inclose any land adjoining to another's land already fenced, so that any part of the first person's fence becomes the partition fence between them, in both these cases the charge of such division fence, (so far as inclosed on both sides,) shall be equally borne and maintained by both parties; to which, and other ends in this chapter mentioned, the county commissioners, yearly, and

every year in the term next after the month of January, shall nominate, and are hereby required to nominate and appoint three honest, able men, for each township, who being duly sworn to the faithful discharge of the duties of their appointment, shall proceed, at the request of any person or persons feeling him or themselves aggrieved, to view all such fence and fences, about which any difference may happen or arise; and the aforesaid persons, or any two of them, in each township respectively, shall be the sole judges of the charge to be borne by the delinquent, or by both or either party, and of the sufficiency of all sences, whether partition fences or others.

Sec. 12. When they shall judge any fence to be insufficient, they shall give notice thereof to the owners or possessors, and if any one of the owners or possessors, upon request of the other, and due notice given by the said viewers, shall refuse or neglect to make or repair the said fence or fences, or to pay the moiety of the charges of any fence before made, being the division or common lence, within twenty days after notice given, then, upon proof thereof before two justices of the peace of the respective county, it shall be lawful for the said justices to order the person aggrieved and suffering thereby, to make or repair the said fence or sences, who shall be reimbursed his costs and charges from the person so refusing or neglecting to make or repair the partition fence or fences aforesaid, or to order the delinquent to pay the moiety of the charge of the fence before made, being a division or common fence, as the case may be.

Sec. 13. If the delinquent shall neglect or refuse to pay the party injured the moiety of the charge of any fence before made, or to reimburse the costs and charges of making or repairing the said fence or fences, under the order aforesaid, then the same shall be levied upon the delinquent's goods and chattels, under warrant from a justice of the peace, by distress and sale thereof, the overplus, if any, to be returned to the said delinquent.

Sec. 14. But nothing herein contained shall be intended to prevent or debar any person or persons from inclosing his or their grounds, in any manner they please, with sufficient walls or fences of timber, other than those heretofore mentioned, or

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