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Owner may reclaim within

persons

vert to his
own use,
&c.

such creature, may, at any time, within the year and day, have the same again, upon paying the just and reasonable

charges of keeping, crying and notifying as aforesaid ; but said time. in case any difference shall happen to arise between the

said parties about the claim or charge of keeping such creature, the same shall be referred to the two or three next justices of the peace or wardens within said town, who are hereby directed and empowered to hear and determine the same, according to justice and equity, and to

tax cost as in other cases, which judgment shall be final: Otherwise, and in case no owner shall appear within said limited time,

the person who took up said creature shall repair to the taking up may con- town-clerk, taking with him two good freeholders of the

neighborhood, who shall be by the town-clerk engaged to make a faithful and true appraisal of said creature; and the person who took such creature shall pay one half of the sum said creature shall be appraised at (after all just charges are deducted) into the hands of the town-clerk, who shall give the said person a certificate from under his hand that he hath proceeded according to law with said creature; and upon the receipt thereof, the person who

took up said creature may convert the same to his own Penalty use: and any person taking up any creature and not proproceeding ceeding as is by this act required, shall forfeit the sum of according five dollars, to be recovered before any two justices or

wardens in the town where the offence shall be committed, by action of debt, one half thereof to and for the poor of said town, and the other half to and for the use of him who will sue for the same; provided that this act shall not extend to such towns where other provision is made

for not

to law.

by law.

Townclerk to keep record of proceedings.

Sec. 2. And be it further enacted, That each town-clerk shall keep a fair record of all his proceedings, according to this act; and shall pay all money by him received for any creature strayed, and for which no owner appears, into the town-treasury, immediately on receipt thereof: and the town-clerk shall be paid for every creature so cried, and for every advertisement posted up or printed as aforesaid, twelve cents; and if no owner appear, and it be appraised, and he give a certificate as aforesaid, he shall have twenty-five cents therefor.

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'28 '53 '97 '98.

1666, 1725 An act for regulating Fences. Section 1. Be it cnacted by the General Assembly, and by Lawful the authority thereof it is enacted, That the fences herein- fences. after described are and shall be adjudged lawful fences, to wit: a hedge with a ditch shall be three feet high, upon the bank of the ditch well staked at the distance of two feet and a half, bound together at the top, and sufficiently filled to prevent small stock from creeping through, and the bank of the ditch shall not be less than one foot above the surface of the ground : a hedge without a ditch shall be four feet high, staked, bound and filled, as a hedge with a ditch: post and rail fence on the bank of a ditch shall be four rails high, each well set in posts, and not less than four feet and a half high : a stone-wall fence shall be four feet high, with a flat stone hanging over the top thereof, or a good rail or pole thereon, well staked or secured with crotches or posts ; and a stone-wall without such flat stones, rails or posts on the top, shall be four feet and a half high; and all other kinds of fences not herein particularly described, shall be four feet and a half high.

Sec. 2. And be it further enacted, That all partition Partition fences between lands under improvement shall be made

be equally and maintained in equal halves, in length and quality, maintainby the proprietors or possessors of such lands respectively; and in case any proprietor of land shall improve his land (the land adjoining being unimproved) and shall make the whole partition fence, in such case the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one half of such partition fence, according to the value thereof at that time, and shall keep up and maintain the same ever afterwards, whether he shall continue to improve such land or not; and all partition fences shall be kept up and maintained in good order through the year, except the parties concerned shall otherwise agree.

Sec. 3. And be it further enacted, That when any pro- On refusa prietor or possessor of land shall neglect or refuse to sup- in to be port the one half part of any divisional fence, or shall made to withdraw his fence from any divisional line, upon complaint thereof to any one fence-viewer of the town in which such cause of complaint shall arise by the party aggrieved, and upon request to him to view such insufficient or defective fence, such fence-viewer shall attend

fences to

ed.

fenceviewer.

to

fences
how main-
tained.

and cause the same to be immediately erected or repaired, as the case may be; which fence-viewer may apply

any justice of the peace or warden in the town where the land lies, for a warrant to impress workmen and teams for the more speedy erecting or repairing of such fence, who is hereby empowered to grant the same; and the proprietor or possessor of said defective fence shall pay double the accustomed rates for such workmen and teams, and double the lawful fees to the fence-viewer for his time in viewing the same, to be recovered by the party aggrieved, if not above twenty dollars, before any two justices of the peace or wardens of the town, and if the charges and damages exceed twenty dollars, then at the

court of common pleas in the county. Water Sec. 4. And be it further enacted, That whenever any

two persons' lands shall lie together adjoining the water, , and each under improvement, the proprietors or possessors of such adjoining lands shall make and maintain a sufficient water fence, to prevent trespass of each other's cattle, to be made and maintained in the same manner as other partition fences are directed to be made by this act.

Sec. 5. And be it further enacted, That in all cases fences by

where partition fences are erected, as the half part of the dividing line between proprietors or possessors of adjoining lands, or where the same may be hereafter erected by the agreement of the parties in interest or other lawful means, the proprietor or proprietors of the fences in either of the said cases erected, his or their heirs or assigns, shall hold and improve the same without molestation, and shall be for ever excused from making other half fence on such dividing line, in all cases whatever,

except by the special agreement of such parties to the Agree

contrary; and that all agreements which shall be made ments to hereafter relating to such partition fences, be registered

in the town-clerk's office in the town where such lands

shall lie. One party Sec. 6. And be it further enacted, That where the whole, more than or more than one half of any dividing line, hath been or his share. shall be made by the proprietor or possessor of the land

on one side of the line, the proprietor or possessor of the land adjoining shall pay to the proprietor or possessor who made such fence, where he improves the land adjoining, the value of so much of the fence, erected as aforesaid, as the same may exceed one half of the fence

Partition

agreement.

be record. ed.

on the whole line; and in case of his refusal so to do, the value shall be ascertained by any one fence-viewer of the town where such land is situated, on application to him for that purpose, which fence-viewer, upon such application, shall forthwith cite the parties in interest on such dividing line at a convenient time to view the fence, ascertain the value of the whole, and award the one half of such sum against the proprietor or possessor so refusing, with cost, and divide the whole fence between such parties, and make report into the town-clerk's office; which division shall be permanent: and if any person or persons against whom report shall be made as aforesaid, shall refuse to pay the sum so reported, that said sum with cost shall be recovered against such person or persons by action of debt, before any court proper to try the

same.

viewers may pur

Sec. 7. And be it further enacted, That whenever it Fenceshall become the duty of any fence-viewer to make or repair the fence of any person against whom legal com- chase maplaint shall have been made, and there shall be a defi- terials. ciency of rails or other materials for making or repairing said fence, it shall be lawful for the fence-viewer to take from the land or possession of the person so refusing, so many rails or other materials as shall be necessary to complete such fence ; and in case the person so refusing hath not, in the opinion of the fence-viewer, suitable stuff for said use, that the said fence-viewer shall purchase the said stuff, and the person so refusing shall pay the expence thereof, to be recovered in the same manner as is by this act provided in other cases.

Sec. 8. And be it further enacted, That if any fence- Penalty on viewer to whom complaint shall be made against any viewer for person for a breach of this act, shall neglect or refuse to neglect of do the duty by this act enjoined on him to do, such fence- duty. viewer, so refusing, shall forfeit and pay five dollars for every such neglect, to be recovered by any person who shall sue for the same, before any court of competent jurisdiction in the county where such fence-viewer shall live.

Sec. 9. And be it further enacted, That every fence-viewer Fence shall be allowed

one dollar per day, and in proportion fees. for half a day, and ten cents an hour for any less time, for viewing any fence, on complaint made to him for that purpose ; which fees shall be paid by the owner of the fence in case there shall appear to be good cause of complaint;

but if the person complaining hath no just cause of complaint, then the person so complaining shall pay the expence, to be recovered before any court proper to try the same.

1743.

to cut wood

An act to prevent Trespasses. No person

Section 1. Be it enacted by the General Assembly, and by

the authority thereof it is enacted, That no person or persons without shall cut, fell, destroy or carry away any tree or trees, timleave, &c. ber, wood or underwood whatever, standing, lying or grow

ing on the land of any other person or persons, without leave from the owner or owners of such land, whereon such trees, timber, wood or underwood was standing, ly

ing or growing, on pain that every person so cutting, fellPenalty.

ing, destroying or carrying away the same, or who shall be aiding or assisting therein, shall, for every such trespass, forfeit and pay to the party or parties injured or trespassed upon, the sum of sixty-six cents for every tree of one foot over; and for all trees of greater dimensions, three times the value thereof, besides sixty-six cents as aforesaid; and thirty-three cents for every tree or pole

under the dimensions of one foot diameter; and for the How re: wood or underwood, treble the value thereof; which sercovered. eral penalties, forfeitures and damages shall and may be

recovered by action, bill, plaint or information, on conviction of the trespasser or trespassers, as is hereafter especially provided and enacted, before any court of justices of the peace in the county, if the penalty or damage exceed not the sum of twenty dollars, but if it be above that value, then before the court of common pleas in the same county.

Sec. 2. And be it further enacted, That in case any disoffenders pute shall arise, upon any action, bill, plaint or informa

tion, brought as aforesaid, where the plaintiff, complainant or informer shall charge the defendant in trespass for cutting, felling, destroying or carrying away any particular tree or trees, parcels of timber, wood or underwood, off or from any such land as aforesaid, or of being aiding or assisting therein, then and in such case, if the plaintiff

, Complainant, &c. complainant or informer, or his agent or attorney shall

Method of

make oath or affirmation, that there have been cut, felled, destroyed or carried away, such and so many trees, par

may be

Sworn.

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