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Their power.

Power to hold the lands of negligent proprietors.

Commissioners to be sworn.




Notice to be given, when petition is brought.

Meeting of proprietors.

proprietors of such lands, to defray the charges, according to their quantity of land, and the benefits they receive, in such proportion as they shall judge to be equal and just ; and to appoint and swear a collector or collectors, to collect such assessments, and pay the same to such persons as they shall appoint to receive it; which collectors shall have the same power as the collectors of state taxes, and shall be accountable to the commissioners appointing them. And if any proprietor of such lands shall be unable, or shall neglect to pay his proportion of such assessments, it shall be lawful for the other proprietors concerned therein, to pay the same, and to hold the lands of the person so neglecting or refusing, until the profits of such lands shall be sufficient to reimburse them, according to the judgment of the commissioners. sect. 2. The commissioners shall be sworn to a faithful discharge of their trust, and shall receive such compensation for their services, as the court appointing them shall allow ; and they shall render their account to said court, when required. And if any person shall be aggrieved, by the proceedings of such commissioners, he or she may appeal or complain to such county court, who shall grant them such relief as the nature of the case may require. sect. 3. When any petition shall be brought, in pur. suance of the provisions of this act, notice thereof in writing shall be given to all the proprietors named in the petition, who have not subscribed the same, at least twelve days previous to the sitting of the court to which said petition shall be brought, by reading the same in their hearing, or by leaving a true and attested copy thereof at their last usual place of abode ; which notice shall be signed by a justice of the peace, and directed to the sheriff of the county, his deputy, or either of the constables of the town where such land is situated. sECT. 4. After the commissioners shall have dammed, drained or ditched such low, marshy and wet lands, the proprietors shall have power to keep the dams, drains and ditches in repair: and for that purpose, when any three of such proprietors shall judge it necessary, they may apply to a justice of the peace, who shall issue a precept, directed to some meet person, to warn such proprietors to meet at such time and place, and for such business, as shall be therein declared; which shall be served, by reading it in the hearing of all the proprietors living in the state, at least three days before such meetIIlg. i.e. 5. The proprietors, in a meeting so warned. shall have power, by a major vote, to be computed ac

cording to their interest in such lands, to appoint a clerk,
who shall be sworn to make true entries of all the votes
and proceedings in such meetings; and also, to appoint
a committee, consisting of two or three men, who may
state and set out to each proprietor his part or propor-
tion of such dam, drain or ditch, to be computed accord-
ing to their interest in the land, and who shall make a
report of their doings in writing, under their hands, to
the clerk, who shall enter the same on record. And it
shall be the duty of each proprietor, his heirs, and assigns,
forever after, to clear, keep open, and repair his part of
such dams, drains and ditches, set out to him as aforesaid:
Provided, that the proprietors may, at any subsequent
time, cause a new stating and apportionment of the
same, in the manner aforesaid, if they judge it to be ex-
sect. 6. And the more effectually to compel the pro-
prietors to keep in repair such dams, drains, and ditches,
such proprietors shall have power, at a meeting warned
as aforesaid, once in two years, to appoint scavengers,
among themselves, who shall take the oath provided by
law; and if any person, lawfully appointed a scavenger,
shall neglect or refuse to take such oath, being required
thereto by a citation from a justice of the peace, he shall
forfeit four dollars to the use of such proprietors, to be
recovered by action on this statute; and such proprietors
may appoint other persons to be scavengers, in the room
of those who have refused as aforesaid.
sect. 7. It shall be the duty of the scavengers, from
time to time, diligently to inspect the dams, drains, and
ditches, and see that they are kept open, and in good
repair: and if, at any time, they find them, or any part
of them, filled, or out of repair, they shall give immedi-
ate warning to the proprietor, whose part is deficient,
that he forthwith repair the same ; and if any proprietor
shall not, within five days after such warning given, clear
and repair the same sufficiently, in the judgment of the
scavengers, they are hereby empowered forthwith to
cause the same to be sufficiently repaired ; and such
proprietor shall pay double expense to the scavengers.
And in case he neglects and refuses, for the space of ten
days after an account of such expense has been present-
ed to him, and payment demanded, the scavengers shall
have right to recover the same by action on this statute;
provided, that if any proprietor considers himself ag-
grieved, by the expense charged by the scavengers, he
may, at his own cost, within said ten days, make applica-
tion to the select-men of the town where the lands lie,

Appointment of clerk and committee.


Penalty for refusing to take the oath.

Duty of scavengers.

Provision for a new appraisement.

not parties to the controversy, who shall estimate and

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Title 88. Sewing-Silk......Title 89. Sheep.

appraise anew such expense of repairing; and the party
deficient shall pay double the expense according to their
appraisement, to be recovered as aforesaid.
sect. 8. The proprietors of such lands, when they
judge it will be for their advantage, may, in a lawful
meeting, by a major vote, to be computed according to
their interest, agree, that such drains and ditches shall be
cleared, and dams repaired, by the commissioners of
sewers; and in such case, they shall have power to em-
ploy persons to do the same, and to assess the proprietors
therefor, and collect the same, in the same manner as
they are by this act enabled to do, in the first making of
dams, ditches and drains.
sect. 9. If any person or persons, without liberty
from the proprietors, shall set any fence, hedge, or other
incumbrance, on the bank of such drain or drains, so as
to make the clearing and repairing of them more difficult,
it shall be lawful for the scavengers to remove the
same as a common nuisance.

TITLE 88. Sewing-Silk.

An Act regulating the Manufacture, and Sale of

E it enacted by the Senate and House of Representatives, in General Assembly convened, That no manufacturer of sewing-silk, or any other person or persons, shall sell, or offer for sale, any sewing-silk of the manufacture of this country, either from imported or domestic materials, by the skein, unless each skein consist of twenty threads, each thread of the length of two yards: and any manufacturer of sewing-silk, or any other person or persons, who shall sell, or offer for sale, any sewing-silk of the manufacture of this country, unless each skein consist of twenty threads, each thread of the length of two yards, shall forfeit the sum of seven dollars, to any person who shall prosecute the same te effect.

TITLE 89. Sheep.
An Act relating to Sheep.

secr.1.B" it enacted by the Senate and House of Repre: sentatives, in General Assembly convened, That the owners of sheep, in any town, or the major part

of them, may meet together within such town, as often
as there shall be occasion, and at such meeting, may or-
der that the sheep in such town, shall be kept together,
in a flock or flocks, annually, for such time, and season of
the year, as they shall determine.
sect. 2. And the owners of sheep, in every such flock,
may meet together in their limits, and at such meeting,
by a major vote, according to their interest, to be com-
puted according to the number of sheep each voter may
own, to choose a clerk, who shall be sworn to make a
true entry of all their votes and acts, as shall be made by
such owners of sheep, relative thereto; and they may
also choose sheep-masters, for the hiring of a shepherd,
and letting out the flock to fold, and for other prudential
affairs, relating to the flock; and also to make orders for
the warning of their meetings, and all regulations neces-
sary and proper, for the better management of the flock.

Owners of sheep may keep them in flocks;

and make regulations respecting them.

sect. 3. No person shall turn, or permit any flock of what flock,

sheep, of more than fifty, with a keeper, to go to feed
upon the highways of any town, without liberty first had
from such town, on penalty of four dollars for each of.
fence, to be for the use of him, who shall sue for and re-
cover the same.
sect. 4. If any sheep shall go at large, on the common
or highways in any town, without a keeper, such sheep
may be taken up and impounded, by any person finding
the same : Provided nevertheless, that any town may,
by vote, permit sheep to run at large, within its limits.
sect. 5. Every owner of sheep shall ear-mark or brand
all his sheep, that are more than six months old, with a
proper mark, and shall cause his mark to be registered
by the town-clerk of the town where he resides; and for
every sheep as aforesaid, found unmarked, and going at
large, the owner thereof, shall forfeit thirty-four cents,
one half to the complainer, and the other half to the town-
sect. 6. If any owner of any ram, shall suffer the same
to go at large, or out of his or her inclosure, between the
first day of August, and the first day of December, of
any year, such owner shall forfeit and pay ten dollars, to
the person, who shall find and take up the said ram, for
each time he shall be so found at large, or out of the own-
er's inclosure, and taken up ; and said forfeiture may be
recovered, by action of debt, with costs of suit; and in
case the owner shall not be known, the person finding and
taking up any ram, as aforesaid, shall secure and keep
the same, and within twenty-four hours next after, lodge
a certificate with the town-clerk, setting forth the marks,
natural and artificial, (if any such there be,) which clerk

may be turned on highways.

Sheep not to run at large.


Owners of sheep to earmark them. Penalty for neglect.

Rams to be restrained.

Forfeiture, if found at large.

Proceedings in case the owner is unknown.

Sheriff to give bond, with sureties.

Sheriff to be sworn.

Renewal of bond.

To receive a commission.

shall make a record thereof; and the finder shall post up a certified copy of such record, on the sign-post in the society, in which such ram shall be so taken up; for which copy and record, the said town-clerk may receive twenty cents, from the person lodging such notice; and in case the owner of any ram, taken up and posted as aforesaid, shall, within five days after such posting, pay or tender to the person so taking up and posting the same. the said forfeiture, such ram i. be restored to the owner thereof; but if the owner do not pay or tender as aforesaid, within the said five days, such ram shall be for. seited to the person so taking up and posting the same.

TITLE 90. Sheriffs.
An Act relating to Sheriffs.

SECT. 1 B'. it enacted by the Senate and House of Rep. SECT, l. resentatives, in General Assembly convened, That when a sheriff is appointed, agreeably to the provisions of the constitution of the state, he shall, before he enters upon the duties of his office, execute a bond, with two or more sufficient sureties, to the acceptance of the person administering the office of governor, payable to the treasurer of the state, for the time being, and his successors in office, in the sum of ten thousand dollars, conditioned for the faithful discharge of the duties of his of. fice, and to answer all damages, which any person or persons may sustain, by any unfaithfulness or neglects in the same ; and shall also take the oath required of sheriffs by the constitution of the state. And the governor shall have power, at any time he may think proper, to demand of any sheriff, a renewal of his bond, with such security as he may judge proper; and on such sheriff's neglect, or refusal, he may remove him from office. And whenever there shall be a vacancy in the office of sheriff, by his removal as aforesaid, the governor of this state, for the time being, shall have power, and power is hereby given him, to supply such vacancy, until the next session of the general assembly. And every person, appointed and qualified as aforesaid, shall thereupon receive a commission from the person administering the office of governor, declaring him qualified as aforesaid, and authorizing and empowering him to execute said office. And every person, so commissioned, shall be the lawful sheriff of the county, for which he is appointed; and shall have all the powers, rights and privileges, and be under all the duties and obligations, which appertain to the of

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