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STATUTES.

City council may 1. The city council of any city in this commonwealth make by-laws respecting the may make such by-laws, concerning the licensing, regukeeping of dogs. R. S. 58, Ø 10. lating and restraining of dogs, going at large, as they shall 1851, 245. R. S. 2, 8 6. deem expedient, and may affix any penalties, not exceeding

ten dollars for any breach thereof; provided, that no such by-law shall extend to any dog, not owned or kept in such city, and that no person shall be obliged to pay more than two dollars, annually, for any license granted under the

provisions of this section. 1 Fees for licenses, 2. All money received for the several licenses mento be paid to the

tioned in the preceding section, in any city, shall be paid R. S. 58, ø 11. Ibid, 2, 06. to the treasurer for the use of the city. Dogs, to have 3. Every person, who shall keep or own any dog, shall collars, with

cause to be constantly kept, about the neck of such dog, a R. S. 58, Ø 12. collar, with the name and place of residence of such owner

or keeper legibly marked on the same; and any person

may kill any dog, being without a collar as aforesaid. 2 Double damages 4. Every owner or keeper of any dog shall forfeit, to for injury done by dogs.

any person injured by such dog, double the amount of the Ibid, Ø 13.

damage sustained by him, to be recovered in an action of trespass, and in such action, the defendant may plead the

treasurer

names, &c., of owners.

1 A by-law of a town, made under this section, will be construed to apply only to dogs owned or kept in the town, although, in its terms, it applies to “any person permitting his dog to go at large within the town"; and if it is otherwise valid, it may be enforced against the owner or keeper of a dog within the town. Commonwealth v. Dow, (10 Metc. 382.)

2 A by-law of a town imposed a penalty of $10 on any person permitting his dog to go at large in the town, unless the dog should be licensed to go at large, and should wear a collar with the name of the owner or keeper, and the word “ licensed" distinctly marked thereon; and the further penalty of $10, if said dog should wear a collar without license. Held, that although the latter part of this section might be repugnant to the Rev. Stat. c. 58, 912, and therefore void, yet that the former part was valid, and that the penalty thereby imposed was recoverable of a person who permitted his dog to go at large without being licensed. Ibid,

The provision in the Rev. Stat. c. 58, ý 12, that any person may kill any dog that is without a collar, does not authorize a person to convert such dog to his own use; and trover by the owner will lie for such conversion. Cummings v. Perham, (1 Metc. 555.)

13 Johns. R. 312. 4 Cowen, 351.

general issue, and give any special matter in evidence, in excuse or justification.

5. Any person may kill any dog, that shall suddenly Any person may assault him, while he is peaceably walking or riding, any when, &c. where out of the enclosure of the owner or keeper of such dog; and any person may kill any dog, that shall be found R. B. 58, § 14. out of the enclosure or immediate care of its owner or keeper, worrying, wounding or killing any neat cattle, sheep or lambs.

6. If any person shall be assaulted by any dog, in man- Dangerous dogs, ner as aforesaid, or if any dog shall hereafter be found to be contined by strolling out of the enclosure or immediate care of its Ibid, $ 15. owner or keeper, and if such person shall, at any time within forty-eight hours after such an assault, or the finding of such dog strolling as aforesaid, make oath thereof, before any justice of the peace for the county, or before the clerk of the town or city where the owner of such dog R. S. 2, $ 6. shall dwell, and shall further swear that he suspects such dog to be a dangerous or mischievous dog, and shall give notice thereof to such owner or keeper, by delivering him a certificate of such oath, signed by such justice or clerk, the owner or keeper of such dog shall forthwith kill or confine the same; and if he shall neglect so to do, for the space of twenty-four hours, after notice is given as aforesaid, he shall forfeit the sum of ten dollars, to be recovered Ibid.

R. S. 87, V 3. to the use of the town or city, on complaint before any 10 Metc. 382. justice of the peace, or, in the county of Suffolk, before the police court for said county.

7. If, after such notice, such dog shall not be killed or if owner negconfined, but shall again be found strolling out of the en- tice, any person closure or immediate care of its owner or keeper, any per- R. Š. 58, 9 16. son may kill such dog; and in any suit brought therefor, the defendant may plead the general issue and give the special matter in evidence.

8. If any dog, after notice given to the owner or own keeper, as before provided, shall, by any sudden assault, in in case, &c. manner as aforesaid, wound or cause to be wounded, any

Ibid, ø 17. person, or shall worry, wound or kill any neat cattle, sheep or lambs, or do any other mischief, the owner or keeper

le to treble damagos,

shall be liable to pay to the person injured thereby treble damage, to be recovered with costs, by action of debt.

Fee for same.
Ibid.

ORDINANCE OF THE CITY.1 No dog permit

Sect. 1. No dog shall be permitted to go at large2 or without license. loose, in any street, lane, alley, court, or travelled way, or June 4, 1850.

in any unenclosed or public place, in this city, until the owner or keeper of such dog, or the head of the family or the keeper of the house where such dog is kept or harbored, shall have paid to the city clerk two dollars for a license

for such dog to go at large. City clerk shall

SECT. 2. The city clerk shall grant a license to any grant licenses.

citizen for his or her dog to run at large, on the payment of two dollars; which license shall expire on the first day

of February next after the same is given. Clerk to keep

Sect. 3. The city clerk shall keep a record of all record of ramme; licenses so granted, with the numbers of the same; and he reports, and pay shall make a report to the mayor and aldermen, once in Ibid.

three months, of all moneys so received; and shall pay over the same to the city treasurer for the use of the city.

SECT. 4. Every license so granted shall be numbered,

and the Dogs to wear

named therein shall cause the same number person to be legibly printed or engraved on a collar, to be kept about the neck of the dog intended to be licensed. And no dog shall be considered as licensed, unless the requisition

contained in this section be complied with. City marshal to SECT. 5. It shall be the duty of the city marshal to large, without cause all dogs to be destroyed which shall be found at

.

Licenses to be numbered.

collars. Ibid.

cause dogs at

1 An ordinance restraining the going at large of dogs within the city of Boston, passed June 4, 1850.

? A dog is "going at large” in a town, if he be loose and following the person who has charge of him, through the streets of the town, at such a distance that he cannot exercise a control over the dog, which will prevent his doing mischief. Commonwealth v. Dow, (10 Metc. 382.)

destroyed.
Ibid.

quiet of any per

large within the city, without a collar as required by the collars, to bo laws of this commonwealth.

SECT. 6. On complaint being made to the mayor, of any Proceedings in dog within this city which shall, by barking, biting, howl- shall disturb tho ing, or in any other way or manner, disturb the quiet of

son, by barking, any person or persons whomsoever, the mayor shall issue &c. notice thereof to the person owning, keeping, or permitting such dog to be kept; and in case such person shall neglect to cause such dog to be forthwith removed and kept beyond the limits of the city, or destroyed, he shall forfeit and pay one dollar for every day during which such neglect shall continue after such notice; provided, that the justice before Proviso. whom the complaint respecting such dog shall be heard and tried, shall be satisfied that such dog had in manner aforesaid disturbed the quiet of any person or persons in the said city.

SECT. 7. In case any dog shall be found loose or going Penalty. at large, contrary to any of the foregoing provisions, the owner or keeper thereof, or the head of the family, or keeper of the house, store, shop, office, or other place where such dog is kept or harbored, shall forfeit and pay a sum not exceeding ten dollars.

Ibid.

Ibid.

EAST BOSTON.

1. East Boston Company author- docks, and buildings; to lay out ized to hold Noddle's Island.

streets, &c. Proviso. Authority to sell, lease, 2. Corporation shall set apart land &c., construct dams, wharves, for public purposes.

STATUTE.

1. In the act to incorporate the East Boston Company, East Boston in the city of Boston, passed March 25, 1833, it is pro- thorized to hold vided, that said corporation may purchase, hold and pos- 1823, 152, $ 2 sess, in fee simple or otherwise, all or any part of that

struci dams, docks, wharves

island situate in the city of Boston, known by the name of Noddle's Island, with all the flats around the same, and the privileges and appurtenances thereto appertaining, and all rights, easements and water courses therewith used and enjoyed, and to the proprietors of said island belonging; with

such personal property as may be necessary for the proper Proviso. conducting of the affairs of said corporation : provided,

that the whole real and personal estate of said corporation shall not exceed in value the sum of five hundred thousand dollars: and provided, that the lawful owners or proprietors

of such estates shall convey the same to said corporation. Authority to sell, And said corporation shall also have power to sell and conlease, &c., con.

vey, lease, mortgage, or otherwise dispose of said corpoand buildings. rate property, or any part thereof, and to manage and

improve the same at its will and pleasure, with authority to

construct dams, docks, wharves and buildings, and to lay To lay out out streets and passageways within the limits of said streets, &c.

island, as it shall deem expedient. Corporation 2. Said corporation shall set apart on said island, in land for public such place or places thereon as the mayor and aldermen of purposes. Ibid, 34.

the city of Boston may designate, a portion of land, not exceeding in the whole four acres, free of expense to the city, for the purpose of providing proper sites for engine houses, school houses, burial grounds, and for other public purposes : provided, that no lot, except the lots for burial grounds, shall contain more than ten thousand feet, without the consent of this corporation: and provided further, that said mayor and aldermen shall designate the land so to be taken, within six weeks from the passing of this act. 1

1 The East Boston Company, by deed dated August 12, 1836, conveyed to the city of Boston a lot of land on Paris street; and by deed dated July 13, 1838, a lot of land on Bennington street, and another on Meridian and Paris streets ; in conformity with their act of incorporation. See Suffolk Registry of Deeds, Lib. 409, fol. 89, and Lib. 433, fol. 161.

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