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Collectors.

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 Their power. 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.

Power to hold

the lands of negligent proprietors.

Commission

ers to be

sworn.

Compensation.

Appeal.

Notice to be given, when petition is brought.

Meeting of proprietors.

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 pursuance 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 meeting.

SECT. 5. The proprietors, in a meeting so warned. shall have power, by a major vote, to be computed ac

committee.

cording to their interest in such lands, to appoint a clerk, Appointment who shall be sworn to make true entries of all the votes of clerk and 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 proportion of such dam, drain or ditch, to be computed according 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. 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 expedient.

And it

SECT. 6. And the more effectually to compel the proprietors 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, 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

the oath.

thereto by a citation from a justice of the peace, he shall Penalty for reforfeit four dollars to the use of such proprietors, to be fusing to take 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.

Duty of scav

engers.

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 immediate 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 presented 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- Provision for grieved, by the expense charged by the scavengers, he a new apmay, at his own cost, within said ten days, make applica- praisement. tion to the select-men of the town where the lands lie, not parties to the controversy, who shall estimate and

412

Proprietors may authorize

commissioners to keep drains, &c. in repair.

of drains.

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 employ 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 be set on bank 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.

to consist.

TITLE 88. Sewing-Silk.

An Act regulating the Manufacture, and Sale of
Sewing-Silk.

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 imSkein, of what ported 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.

Penalty.

SECT.1.

•BE

TITLE 89. Sheep.

An Act relating to Sheep.

E it enacted by the Senate and House of Representatives, 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 order 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 computed 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 necessary 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 flocks sheep, of more than fifty, with a keeper. to go to feed may be turned upon the highways of any town, without liberty first had on highways. from such town, on penalty of four dollars for each offence, 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 Sheep not to or highways in any town, without a keeper, such sheep run at large. 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.

Proviso.

SECT. 5. Every owner of sheep shall ear-mark or brand Owners of all his sheep, that are more than six months old, with a sheep to ear proper mark, and shall cause his mark to be registered mark them. by the town-clerk of the town where he resides; and for Penalty for every sheep as aforesaid, found unmarked, and going at neglect. large, the owner thereof, shall forfeit thirty-four cents, one half to the complainer, and the other half to the towntreasury.

SECT. 6. If any owner of any ram, shall suffer the same Rams to be to go at large, or out of his or her inclosure, between the restrained. first day of August, and the first day of December, of any year, such owner shall forfeit and pay ten dollars, to Forfeiture, if the person, who shall find and take up the said ram, for found at large. each time he shall be so found at large, or out of the owner's inclosure, and taken up; and said forfeiture may be recovered, by action of debt, with costs of suit; and in Proceedings in case the owner shall not be known, the person finding and case the owntaking 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

er 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 shall 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 forfeited to the person so taking up and posting the same.

SECT. 1.

TITLE 90. Sheriffs.

An Act relating to Sheriffs.

BE

E it enacted by the Senate and House of Rep. 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

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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