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persons shall conform thereto; and if any person shall violate, or offend against, any of such rules, orders, or regulations, he shall forfeit and pay the sum of seven dollars, one half to him who shall sue for and prosecute the same to effect, and the other half to the treasury of the town, in which such offence shall be committed; and all dogs, which shall not be confined and restrained agreeably to such rules and orders, so made and published, may be killed, by any person whosoever. But nothing in this act shall be construed to prevent any person from killing any dog found mad, or justly suspected to be mad, or that shall be found doing mischief, or attempting to do the same, when alone, out of the possession of his owner, and distant from the care and control of any person, having the charge of such dog.

sect. 2. Every dog permitted to go at large, shall wear a collar, with the name of the owner of such dog, and the place of the residence of such owner, at large and legible thereon; and if any dog shall be found at large, with, or without, the permission of his owner, not wearing such collar, such dog may be killed.

sect. 3. Whenever any dog shall do any damage, either to the body, or property of any person, the owner or keeper, or the parent, guardian, or master of any such owner or keeper, as may be a minor, or servant, shall pay such damages, as any person may have sustained by such dog.

TITLE 26. Dower.

An Act providing Dower for Widows.
SECT. 1. B. it enacted by the Senate and House of Rep-

resentatives, in General Assembly convened, That every married woman, living with her husband, at the time of his death; or absent from him, by his consent, or by his default, or by inevitable accident; or in case of divorce, where she is the innocent party, and no part of the estate of her husband was assigned to her, for her support; shall have right of dower in one third part of the real estate, of which her husband died possessed, in his own right, to be to her during her natural life; unless a suitable provision was made for her support, before the marriage, by way of jointure.(1)

(1) This provision of dower for widows one third of the real estate, of which the was adopted as early as the revision of husband was seised during the coverture. 1672. The common law gives the wife But as such alien may often be a restraint

sect. 2. It shall be the duty of the heirs, or persons How te be set entitled to said estate, within sixty days after the death * of the husband, to apply to the court of probate, in the district where the will of the deceased was proved, or administration on his estate granted, to have dower assigned to the widow ; and such court shall appoint three sufficient freeholders of the county, who, on being duly sworn, shall set out to the widow her dower or thirds, in the estate of her deceased husband; and in case the heirs, or persons entitled to the estate, shall neglect to have dower assigned as aforesaid, then, on complaint of the widow, to such court of probate, said court shall appoint three sufficient freeholders of the county, who, on being duly sworn, shall set out and assign to such widow, her dower or thirds in the real estate of her deceased husband; and in either case, the return of the doings of such freeholders to the court of probate, and by said court accepted, shall ascertain and establish such dower; and all persons concerned shall be concluded thereby.

sect. 3. Every widow shall maintain and keep in re- Tenant i

- - - - - - ant in pair, the houses, buildings, fences and lands assigned and d. keep set out to her, for her dower, and shall leave the same in estate in regood and sufficient repair; and on her neglect, the heirs pair. or persons entitled to the land, on her decease, may make complaint and application to the county court where the lands lie; who shall order so much of the houses and lands to be delivered to the next heir or person owning the same. for so long a term as, in their Judgment, shall be sufficient, out of the rents and profits, to repair such defects; unless said widow will give good security that she will leave such houses, buildings and fences in sufficient repair. -

sect; 4. When any testator, by his last will and testa widow must ment, shall devise or bequeath any estate, real or person- give notic or al, or any pecuniary legacy to his widow. in lieu of dower, refusal to acshe shall, within two months next after the time limited ...","...i by the court of probate for the exhibition of claims against such estate, give notice, in writing, to the court of probate before which such will may be proved and approved, that she declines to accept such legacy or devise; and if she sail to give such notice, she shall be barred of her dower, and such devise or legacy, shall be assigned to her in lieu thereof.

sect. 5. If any woman, prior to, and in contemplation jointer. of marriage, shall, on an agreement with her intended

upon that free transfer of property, which confine the dower of the widow to the the interest of the community requires, it lands of which the husband died possessed. was a valuable improvement of the law to

husband, or other person, receive an estate, either real or personal, to take effect after the death of her husband, by way of jointure, as a provision for her support during life, and expressed to be in full and discharge of all claim for dower, such estate shall be valid, and a bar to dower in the estate of her husband : Provided, however, if the title to the estate, settled on the wife as her jointure, shall fail, she shall then be entitled to dower in the estate of her husband; or if the title should fail to any part of it, then the deficiency shall be made up out of her husband's estate, if it shall not exceed one third of the value thereof.

TITLE 27. Duties.

An Act providing for the laying and collecting of Duties in certain cases therein mentioned.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That there be laid and paid the following duties, to wit: on all writs or petitions, returnable for trial before any county court or city court, thirty-four cents, to be paid to the authority who shall sign the same, at the time of signing; on all writs or petitions returnable for trial before the superior court, one dollar, payable as aforesaid; on all writs or petitions, returnable for trial before the supreme court of errors, two dollars, payable as aforesaid ; on all petitions, of an adversary nature, returnable to the general assembly, two dollars, payable to the authority signing the citation, who shall certify the same thereon; on all appeals from the judgment of a justice of the peace, or mayor, or alderman, fifty cents, payable to such justice, mayor, or alderman, at the time of granting said appeal; on all appeals from a judgment of a county court, or city court, one dollar; and on all continuances in the county courts, or city courts, thirteen cents, and in the superior court, twenty-five cents, payable to the clerks of such courts, respectively, at the time of granting the same. sect. 2. On every licence granted to a retailer of spiritous liquors, there shall be paid by him, to the clerk of the board of civil authority, of any town, granting the same, in conformity to the “act to regulate the selling of spiritous liquors,” a sum at the rate of five dollars per annum, to be computed from the date of said licence, to the second Monday of January then next.

Duties laid on writs, &c. in county and city courts;

superior eourt ;

court of errors;

general assembly ;

on appeals from justice, mayor, &c.

from county or city court;

on continuances in county, city, and su

perior courts. On licences to

retailers of liquors.

SECT. 1.

sect. 3. There shall be levied, collected and paid, upon all sales, by way of auction, of goods, wares, or merchandize, of foreign growth, produce, or manufacture, two per cent of the purchase money arising by sale at auction, of such goods, wares, or merchandize, to be paid by the auctioneer, or person making such sales at auction, out of the monies arising from each and every such sale, to the clerk of the civil authority of the town in which such sales are made, and by whom a licence therefor shall be granted, in conformity to the “act imposing a duty on sales at auction in certain cases.”

sect. 4. All persons authorized, by law, to receive duties, shall, annually, in the month of May, and before or on the tenth day of said month, render an account of all duties by them received as aforesaid, (except the duties on appeals and continuances, received by the clerks of the county courts,) and pay over the same to the treasurer of the state ; and the persons rendering an account of duties received by them, on civil process, as aforesaid, sha' specify the number of writs, or petitions, and the number of appeals on which the same shall have been received; and the clerks of the civil authority shall return to the said treasurer the number of licences for retailing spiritous liquors, on which they, respectively, shall have received a duty, and the amount of duty received on each licence ; and also, the amount of duties received by them, respectively, on sales at auction, from whom received, and how much from each person. And each person, so accounting with the treasurer, shall be entitled to a drawback of five per cent, on ail duties or modies, by him so accounted for, and paid as aforesaid, as a compensation for his trouble in receiving and paying over the same.

sect. 5. It shall be the duty of every sheriff, deputysheriff constable, or itsuilerent person, who shall serve a writ or process, on which a duty shall be certified, to return the same to the clerk of the court to which the same is made returnable, forty-eight hours, at least, before the commencement of the session of such court. And if any such writ or process shall not be so returned, within the time aforesaid, the person who served the same shall not be entitled to any fees for such service ; but the court to which the same is returnable, may, at their discretion, order the same to be entered in the docket of said court, any time during the three first days of the term. And if the suit shall be settled, before such writ is returned, the officer shall, if he knows the fact, state the same, on some part of the process; and the suits so stated to be settled, shall not be entered in the docket of said court. And

On sales at auction.

Receivers of duties to account with the treasurer.

Their commission.

Return of writs.

Clerks of
courts to re-
turn to the
comptroller
the number of
writs returned
to the courts.

Treasurer to make return to the general assembly.

Officers not accounting, incapable of holding their office for one year.

Treasurer to call upon officer removed, or his administrator, to account.

I'reasurer to inform against negligent clerks.

No writ to be valid, unless the duty is certified thereQil.

No officer to refund duties once paid.

the clerks of the city, county, and superior courts, shall
return to the comptroller, on or before the tenth day of
May, in each year, the whole number of writs or peti-
tions, on which a duty is certified, that shall, in any pre-
ceding year, have been served and returned to their re-
spective offices, together with the names of the authori-
ty by whom signed, and the number signed by each of
said authority.
sect. 6. The treasurer shall, on or before the twenty-
fifth day of May, annually, make a return to the general
assembly of all said accounts rendered to him, and the
names of such of the civil authority as shall have neglect-
ed to render their accounts to him as aforesaid ; and also,
the names of the towns from which no returns shall have
been made to him of duties on licences to retailers, and
on sales at auction.
sect. 7. If any of the aforesaid officers shall fail of
rendering his accounts agreeably to this act, and of ma-
king payment of the sums that shall thereby appear due,
on or before the tenth day of May, annually, every such
officer, so in default, shall be incapable of holding, or ex-
ercising, the office by means whereof he became a re-
ceiver of such duties, for and during the term of one
year, from and after his making default of payment as
aforesaid.
sect. 8. When any such officer shall be removed, by
death or otherwise, or shall be omitted in any appoint-
ment, on account of his not having rendered his account,
and made payment of duties as aforesaid, it shall be the
duty of the treasurer to call such officer, or his exe-
cutors or administrators, to account for such duties as
may be or remain in their hands, or may have been in
the hands of such deceased, at the time of his death ; and
the cost, if any, that shall arise by means thereof, shall be
paid by the person, or the executor or administrator,
who shall have neglected to make such return of pay-
ment.
sect. 9. If any clerk of the superior, county or city
courts, shall neglect to comply with the requirements of
this act, it shall be the duty of the treasurer, forthwith,
to certify the same to the presiding judge of the court, to
which such clerk belongs.
sect. 10. No writ, or appeal taken, on which a duty
is laid as aforesaid, shall be valid in law, unless the au-
thority signing such writ, or certifying the copies in such
appeal, shall certify thereon, in words at full length, that
the duty thereon is paid, and the amount thereof.
sect. 1 1. No officer, who, by this act, is made a receiv-
er of said duties, after he shall have signed and delivered

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