An Act to prevent the destruction of small and harmless birds. Approved March 6, 1850.

(Pam. 236.)

1. It shall not be lawful in this state for any person to shoot, or in any other manner to kill or destroy [except upon his own premises] any of the following *12] *description of birds: the night or mosquito hawk, chimney swallow, barn swallow, martin or swift, whippowil, cuckoo, king bird or bee martin, woodpecker, claip or high hole, cat bird, wren, blue bird, meadow lark, brown thrusher, dove, fire bird or summer red bird, hanging bird, ground robin or chewink, boblink or rice bird, robin, snow or chipping bird, sparrow, Carolina lit, warbler, bat, black bird, blue jay, and the small owl. (The words in brackets repealed 1862.)

2. Every person offending in the premises shall forfeit and pay, for each offence, the sum of five dollars, to be sued for and recovered in an action of debt, by any person who will sue for the same, with cost.

3. Any person wilfully destroying the eggs of any of the above described birds, shall be liable to the penalty prescribed in the second section of this act, to be sued for and recovered as therein prescribed.

4. It shall be lawful to proceed, in any action under this act, by summons or warrant, at the option of the plaintiff.

Supplement. Approved March 9, 1859. (Pam. 251.)

5. SEC. 1. Every person offending against any of the provisions of the act to which this act is a supplement, shall, on conviction, be fined in any sum, not less than three nor more than ten dollars, in the discretion of the court before whom such conviction shall be had.

6. SEC. 2. It shall be lawful for any person to make complaint, upon oath, before any justice of the peace, of any violation of any provision of the act to which this is a supplement, and upon every such affidavit, it shall be the duty of such justice to forthwith issue, under his hand and seal, a warrant against the person or persons so offending; and all subsequent proceedings before the justice shall be regulated according to the provisions of the act entitled "an act constituting courts for the trial of small causes :" Provided, however, that it shall not be necessary to file any state of demand.

7. SEC. 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

An Act concerning stray cattle, horses, and sheep. Revision-Approved April 10, 1846. (R. S. 6.)

8. SEC. 1. Any person or persons who, at any time hereafter, between the first day of November and the first day of April, in any year, shall discover any stray neat cattle, horses, or sheep, upon his, her, or their improved lands, shall forthwith deliver to the clerk of the city, township, or precinct where such estray or estrays shall happen to be found, a note in writing containing their several ages, colors, and marks, natural and artificial, as near as may be, together with

his, her, or their name or names and place or places of abode; which said clerk shall, on the receipt of every such note, forthwith make a full entry thereof at large in a book provided for that purpose, for which entry, so made, the said clerk shall have twenty-five cents, by the head, for all neat cattle and horses, and six cents for each sheep, to be paid by the person or persons delivering such note; and the person or persons delivering such note shall have for so doing twenty-five cents, by the head, for all neat cattle and horses, and six cents for each sheep, described in such note; and such person or persons may detain such estray or estrays until the owner or owners thereof shall appear and pay the fees, as well for delivering the said note as making the said entry, together with all reasonable charges for keeping the said estray or estrays, to be adjudged by any one indifferent freeholder, chosen by the parties; upon which the said estray or estrays shall be delivered to the said owner or owners.

9. SEC. 2. If no owner or owners of such estray or estrays shall appear to claim the same, on or before the first day of May next after the making such entry as aforesaid, or if the said owner or owners shall refuse or neglect to pay the fees aforesaid and reasonable charges for the keeping, to be adjudged of as aforesaid, then the possessor of such estray or estrays shall within the space of five days give notice to one of the overseers of the poor of the said city, township, or precinct where the said estray or estrays was or were found, who is hereby required within five days after such notice given to set up advertisements in at least three of the most public places of the said city, township, or precinct, appointing the time and place of the sale of such estray or estrays at public vendue, not less than five nor more than ten days after setting up such advertisements, and shall, at the same time and place, proceed to sell the said estray or estrays at public vendue, to the highest bidder; and out of the moneys arising from such sale, the said overseer shall pay the possessor of such estray or estrays the fees of giving notice of and entering the said estray or estrays as aforesaid, and such charges for keeping the same as shall be adjudged by any indifferent freeholder, chosen by the overseer and the possessor, to be just and reasonable, whose determination shall be final; and the said overseer shall and may retain and keep to his own use ten per cent. for his trouble in advertising and attending the said sale, and for defraying the charges and expenses thereof, and the remainder of the moneys arising from such sale shall be paid to the owner or owners of such estray or estrays, provided he, she, or they shall appear, demand the same, and make good his, her, or their *title thereto within one year after the said sale; but if no owner or owners [*13 shall appear and make demand of the said overplus moneys, and show his, her, or their right to the same within the said year, then the said owner or owners shall for ever after be barred from recovering or having the said moneys, or any part thereof, and the said moneys shall thereupon be applied by the said overseer to the use of the poor of the city, township, or precinct where such estray or estrays shall have been sold as aforesaid; and the said overseer shall be accountable for the said overplus moneys to his successor in office, in the manner prescribed by law; and the said overseer is hereby authorized and required to give a receipt to the purchaser or purchasers of such estray or estrays, for any sum or sums which the same shall have been sold for, which receipt shall be a sufficient voucher for the payment of the same, and shall vest in the said purchaser or purchasers a lawful right and title to such estray or estrays, without his, her, or their being any further accountable to the owner or owners, or any person whatsoever.

10. SEC. 3. Any person or persons who shall at any time hereafter, between the first day of November and the first day of April, in any year, have any such stray neat cattle, horses, or sheep, as aforesaid, upon his, her, or their improved lands, or in his, her, or their possession, and do not acquaint the owner or owners therewith, or give the notice prescribed by this act within the space of twenty days after discovery or knowledge thereof, such person or persons so offending shall not only lose any demand he, she, or they might otherwise have had for keeping and feeding such estray or estrays, but shall also forfeit to the owner or owners

thereof, for every such offence, the sum of six dollars for each and every suchstray cattle or horse, and fifty cents for every sheep, to be recovered by action of debt before any one justice of the peace, with costs of suit; and if the said owner or owners shall not appear and prosecute the same within twenty days after the first day of April aforesaid, then the overseers of the poor of the city, township, or precinct where the said estray or estrays shall have been so concealed, upon notice thereof, are hereby required to prosecute the same to effect, and to apply the said penalty or penalties, when recovered, to the use of the poor.

11. SEC. 4. The books so to be kept by the respective clerks of each city, township, and precinct, shall always by them be kept open and free for any person or persons who at any time may have occasion to search therein for any such estrays, and for which search such clerk shall not ask or receive any fee or reward, under the penalty of three dollars, to be recovered by the party aggrieved, in manner aforesaid, with costs of suit.

12. SEC. 5. It shall be the duty of the clerks of the different townships of this state to advertise all the estray cattle and horses recorded in the township book, their several ages, colors, and marks, natural and artificial, the person's name in whose possession the same are, the expenses to be paid by the owners of the estrays, and where no owner appears, by the moneys arising from the sale of the said estray or estrays, to be advertised in one of the newspapers in the county where the said estray is, and if no paper be published in said county, then in a newspaper published nearest to the same, once a week for the space of three weeks from the first, immediately after said estray shall be recorded in his town book: Provided, that the provisions of this section shall not apply to the county of Atlantic.

An Act to provide for the establishment of markets for the sale of live stock in the several counties of this state. Passed February 29, 1804. (R. S. 1048.)

13. SEC. 1. It shall and may be lawful for the board of chosen freeholders of each and every county of this state to institute a market, once or oftener in every year, at any place or places within the said county, which in the opinion of the said board may be most convenient for the sale of live stock, namely, horses, cattle, sheep, and hogs, from the hour of eight in the morning until four in the afternoon, of any number of successive days, not exceeding four, which the said board may appoint; which time and place shall be advertised in three of the most *public places in the county, at least thirty days previous to the time. appointed for holding the said market.

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14. SEC. 2. It shall and may be lawful for the said board of chosen freeholders to pass ordinances and by-laws for the regulation of said markets: Provided, that the same be not repugnant to the constitution and laws of the United States or of this state.

An Act to suppress fairs. Passed January 27, 1797. (R. S. 566.)

15. No fair or fairs shall hereafter be held in any city, town, or place in this state.

An Act for the preservation of sheep. Revision-Approved April 14, 1846. (R S. 9.) 16. SEC. 1. Every person who shall keep or harbor a dog or bitch above the age of six months (see 28), shall be taxed, yearly and every year, for one dog or bitch so kept or harbored, the sum of fifty cents, and for every additional dog or bitch above the age of six months the sum of one dollar; which tax shall be assessed and collected by the assessor and collectors appointed for the assessing and collecting the state, county, or township tax in the several townships of this state, in the same manner and at the same time as other annual taxes raised for the use of the state, county, or township shall be hereafter assessed and collected t Provided always, that the inhabitants of the respective townships shall have power, at their annual town meetings, to lay any additional tax on dogs, not exceeding five dollars on each; and the same fees shall be allowed for assessing and collecting the same as are allowed for assessing and collecting the said state,

.county, or township tax; and the assessors and collectors shall be subject to the same fines and penalties for neglect of duty as are or shall be authorized by law for neglect of duty in assessing and collecting taxes for the use of the state, county, or township. (See 29.)

17. SEC. 2. Every inhabitant who shall refuse or wilfully neglect to deliver in to the said assessor, when by him required, a true account of the number or age of the dog or dogs, bitch or bitches, made taxable by this act, and owned or harbored by him or her as aforesaid, he or she shall for every such refusal or neglect forfeit and pay the sum of two dollars and fifty cents, to be recovered, with costs, by the collector of the townships wherein the offence shall be committed, to and for the benefit of the townships.

18. SEC. 3. Any person who shall keep or harbor any dog or bitch, shall be considered liable to the yearly tax aforesaid: Provided also, that it shall and may be lawful for the assessors of their respective townships to strike off his duplicate or rate-book the tax assessed against any person for a dog or dogs, on its being proved to the satisfaction of the assessor, by the owner thereof, that he, she, or they have killed, or caused to be killed, such dog or dogs before the delivery of the duplicate to the collector.

19. SEC. 4. It shall be lawful for any person to kill any dog or bitch which may be found chasing, worrying, or wounding any sheep or lamb.

20. SEC. 5. The taxes collected by virtue of this act shall be appropriated to make good any loss or losses which may be sustained by any person or persons, by the destruction or wounding of his, her, or their sheep, within the township wherein said tax shall be collected, and shall be kept as a fund by the township committee for that purpose, who shall pay all such damage so sustained within the year, in case the money so raised by said tax shall be sufficient to pay the same, and if not, then in such equitable proportions to the individuals injured, according to their respective losses, as the said fund arising from such tax will enable them to do, to be adjusted at the annual settlement of the accounts of said township by the township committee, and reported to the town meeting; and in case there shall remain in the hands of the township committee a surplus of money, after paying all the damages sustained as aforesaid, it shall be in the power of the inhabitants of such township, by public vote at their annual town meeting, to appropriate such surplus to any other township purposes, or to let the same remain in the hands of the township committee, to answer any damages as aforesaid which may be sustained in the next ensuing year, and so on from year to year, at the discretion of said inhabitants.

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21. SEC. 6. If any dog or bitch shall be found killing, worrying, or wounding any sheep or lamb, and the owner or person harboring any such dog or bitch, being informed thereof, shall refuse or neglect to kill such dog or bitch for the space of twenty-four hours from the time of receiving such information, such owner or person harboring such dog or bitch shall forfeit and pay to any person who shall sue for the same, the sum of ten dollars, to be recovered with costs, by action of debt, before any justice of the peace of the county; and moreover, shall pay triple damages for any injury done by said dog or bitch to sheep or lambs, after receiving such information, to the owner or owners thereof.

22. SEC. 7. When any person shall sustain damage or injury by reason of his or her sheep or lambs being killed or wounded by a dog or dogs, wolf or wolves, it shall be lawful for such person to take two respectable freeholders of the township wherein such damage was done, who are in no wise of kin to the party so calling them, to view the sheep or lambs so killed or wounded; and if it shall appear to their satisfaction that the said sheep or lambs were killed or wounded by a dog or dogs, wolf or wolves, then the said freeholders shall make a return or certificate thereof in writing, stating the amount of damages such person may have sustained, which shall in no case exceed five dollars for one sheep or lamb so killed or wounded, which said certificate shall entitle the person so injured to the sum stated therein, as the damage sustained, to be paid by the township committee, in conformity to the provisions made therefor in the fifth section of this

act; and in case the damage so certified shall appear to the town committee to be excessive, it shall and may be lawful for said committee to require the facts stated and claim exhibited to be investigated before them upon oath or affirmation, and shall award payment accordingly : Provided always, that nothing herein contained shall extend to cases wherein a recovery of damages can be obtained of the owner or owners of such dog or dogs, as shall have committed the injury.

23. SEC. 8. It shall be the duty of the assessors of the respective townships of this state to set up in at least five of the most public places in their respective townships, within ten days after having taken the annual list of the ratables, lists of the names of each person who shall have delivered to him an account of the dog or dogs, bitch or bitches, and the number given in by each person; and each assessor shall be entitled to receive, on settlement of his accounts, one dollar and fifty cents for the list so set up, to be paid out of the moneys collected from the tax on dogs.

24. SEC. 9. The fourth and sixth sections of this act only shall extend to the county of Sussex, and that the other sections of said act shall not extend to or be in force in that county. (See 32, 40.)

25. SEC. 10. The inhabitants of the several townships in the county of Bergen may at their annual town-meetings, by a majority of votes to be taken, lower the tax on dogs or bitches to any sum below the present tax: Provided the tax so to be lowered or brought down shall not be less than twenty-five cents on the first dog or bitch, and not less than fifty cents on a second one kept by the same person; and the said tax to be levied, collected, and applied as is directed in this act. 26. SEC. 11. From and after the passing of this act, no person or persons within this state shall put, or cause to be put, any artificial mark, by cutting off, or what is more usually termed cropping, both the ears of any sheep or cattle, nor shall they cut or crop either ear more than one inch from the tip end thereof, nor shall cut or half-crop both the ears of any sheep or cattle, nor on either ear more than one inch from the tip end as aforesaid, nor shall he or they have or keep in his or their possession any sheep or cattle, which they shall claim as their own, marked contrary to this act, unless they were so marked before the passing of this act, except they shall make it appear they were bought in market or of a stranger.

27. SEC. 12. Any person or persons offending against the eleventh section of this act, on conviction thereof, shall forfeit and pay two dollars, by the head, for *all such sheep and cattle so by them marked or kept in their possession, *16] to be recovered in an action of debt, with costs of suit, in any court having cognizance thereof, one moiety to the overseers of the poor, for the use of the poor of the township where the offence shall have been committed, and the other moiety to the use of the person who shall prosecute the same to effect.

Supplement. Approved February 12, 1850. (Pam. 51.)

28. So much of the act entitled, "An act for the preservation of sheep," approved April the fourteenth, eighteen hundred and forty-six, as refers to the age of the dog or bitch, and is in said act mentioned and contained in these words, to wit, "above the age of six months," be, and the same is hereby repealed.

Supplement. Approved March 6, 1850. (Pam. 234.)

29. SEC. 1. The assessors and collectors of the several townships, cities, wards, and boroughs of this state, shall each be entitled to receive two cents, and no more, for each and every dog or bitch assessed according to the provisions of the said act.

30. SEC. 2. The first, second, third, fifth, seventh, and eighth sections of the act entitled, "An act for the preservation of sheep," approved April fourteenth, eighteen hundred and forty-six, shall not extend to or be in force in the township of Pahaquarry, in the county of Warren.

31. SEC. 3. So much of the act, to which this a further supplement, as comes within the purview of this act, be, and the same is hereby repealed.