218 On removal chofen. Secretary. Select-men. Monies and other Eftates; and to take Leafes, Bonds, or other Securities to themselves and their Succeffors, for the use of fuch Schools: Which Leafes, Bonds, or other Securities the faid Select-mer., Committee, or Committees who take of committee the fame, fhall have Power to fue and recover thereon: And in cafe of the Reothers to be moval of them, or any of them, by Death or otherwife, their Succellors in that Office or Offices, fhall have as full Power in the Matters aforelaid, to profecare in their own Names, as those whom they fucceed as aforefaid, might or could do if they had not been removed as aforefaid; which Bonds, Leases and Securities fhall, by faid Select-men and Committee be lodged with the Clerk of fuch Town or Society, who is directed and required to keep an Account thereof, and hold the fame under the Direction of the faid Select-men and Committees, for the Purpose aforefaid; and fuch Select-men and Committees shall render their Accounts of their Ufe and Improvements of fuch Eftate and Intereft, unto fuch Town and Society by whom they are appointed, when thereunto required. Provifo. cords, to re cord acts, &c. and give copies, &e Provided nevertheless, That this Act fhall not extend to any Estate, formerly granted by any particular Perfon for the Benefit of any School or Schools in any particular Town or Society; nor to Grants of any Interefts formerly made by any Perfon to any Town or Society for the fupport of Schools wherein the Grantor hath committed the Care and Improvement of fuch Eftate by him given, to particular Perfons, with particular Directions for a continual Succetfion in faid Truft; or where the General Affembly hath formerly interpoled and committed the difpofition of the Profits of fuch Eftates to a Committee in a continfal Succeffion; any Thing contained in this A&t to the contrary notwithstanding, An Act relating to the Secretary's Office and Duty. E it enacted by the Governor, Council and Representatives, in General Court Secretary to State for the Time being, fhall have the keeping and cuftody of the Records, keep itate re- and other public Papers that contain the Acts, Orders, Grants, and Doings of the General Affembly; and that have Relation to fuch Matters and Affairs as are of general concern, and are to be recorded or kept in his Office; And fhall record all Acts, Orders, Grants, and Relolves made by the General Affembly, and give true Copies thereof when reasonably thereunto required: And thall within twenty Days after the End of every Seffion of the General Court, publish in Writing, under the common Seal of the State, fuch Acts, Laws, and Orders of public concernmenty as fhall from Time to Time be made by the General Court, and then fend the fame to the Printer to the State of Connecticut for the Time being, in Order to the Printing the fame to be difperfed among the People of this State for their better Knowledge thereof. In 20 days, and fend co. And alfo the Secretary shall be the Keeper of the Seal of this State, and shall affix it to fuch Laws, Acts, Orders, Commithons, Inftruments, and CertiKeeper of the ficates as he is, or fhall by Law be ordered to do, or fhall be defired by particular Persons that have special Occasion for the fame. itate feal. Preamble. An Act to enable Select-men to affefs the Inhabitants of the WHEREAS the Laws of this State do oblige the Select-men of each Town with- E it enacted by the Governor, Council and Reprefentatives, in General Court afembled, and by the Authority of the jame, That the Select-men, or raife monies the major Part of them, in the feveral Towns within this State, when and fo often as there fhall need a supply of Money in the Treafury of any Town, to Select men to provide and answer any of thofe Articles, Matters, Things or Charges by them affefs the into be provided or anfwered according to Law, and the Inhabitants of the Town habitants to at any Town-Meeting (whereat fuch want of a Supply is made known to them for fupplies, by their Select-men) fhall refufe or neglect to grant fuch Supply; fhall be, &c. and the faid Select-men-are hereby fully authorized and impowered to affefs the several Inhabitants of their faid Town, and make a Rate upon them, according to the Lift of the Polls and rateable Eltate of the faid Inhabitants, for, raifing fuch Sum or Sums as thall be neceffary for providing the feveral Things, and answering the feveral Matters aforefaid, or any of them; which Sum or Sums fo raised the faid Select-men fhall be accountable for according to the Act, entitled, “An Act for maintaining and jupporting the Poor." And that all fuch Rates fo made by the Select-men or the major Part of them, in any Town in this State, and delivered to the Constable or Conftables of the Town, with a Warrant annexed thereto, figned by the Select-men, or major Part of them, and directed to the Conftable or Conftables, requiring him or them to gather the fame (which Warrant fuch Select-men are hereby authorized and impowered to grant, as aforefaid) fhall be a fufficient Warrant for fuch Contable. or Conftables to collect fuch Rate: And they are hereby required to obey and o ferve fuch Warrant; and therein fhall obferve and follow the directions of the Select men's Law relating to the gathering and collecting the State Rates: And when they have collected the fame according to fuch Warrant, fhall pay the Sum or Sums. collected to the Select-men, or major Part of them, or to their Order, for the Ufes aforefaid, and take Receipts of what they pay. warrant fuffi cient, &c. And in cafe any fuch Conftable fhall not perform the Truft hereby committed unto him, he thall be accountable, and thall and may be proceeded against Penalty for by Diftrefs, as is provided against Collectors of Rates, in the Law, entitled, neglect. “An Act for collecting and paying of Rates or Taxes." An Act for appointing and directing Commiffioners of Sewers and Scavengers. WHEREAS there are great Quantities of meadow, marfhy, and low Lands or Grounds belonging to Jundry Perfons in jeveral Towns in this State, which are spoiled by the overflowing of Waters: And also much swampy and unprofita- Preamble. ble Land which might be rendered profitable by Drowning and draining the fame. To the Intent therefore that the Owners of fuch Lands may be encouraged was BE grant commif. fions, &c. E it enacted by Governor, Council, and Representatives, in General Court. affembled, and by the Authority of the jame, That it shall be in the Power of the Governor and Council, for the Time being, from Time to Time, upon Request to them made by the major Part of the Proprietors of any fuch Lands, Governor & to grant Commiffions of Sewers, to fuch and fo many able and difcreet Perfons, qouncil to as to them fhall feem meet, for the clearing and removing of the Banks and Obitructions of the Paffages of the Waters in Rivers, Brooks, Streams, or Ponds that occafion the overflowing and drowning of meadow, fwampy and low Lands: And alfo for the flowing and draining of Swamps, and other unprofitable Grounds: And alfo for damming to prevent the Water overflowing marthy and flat Lands; which Commiffions fhall be figned by the Governor: And by the faid Commithions, the Commiffioners thall be impowered to do the Service aforefaid, and to employ Work-mea and Labourers for fuch reafonable Wages as may be agreed 220 Commiffion. ers to be (worn. Charges how paid. Provifo. Sewers. on for the effecting the Premises: And from Time to Time to affefs and tax all fuch Perfons as are Owners of fuch low and wet Lands, towards defraying the Charge of the Service aforefaid, (having Regard to each Perfon's Quantity of Land, and Benefits to be received thereby, as equally according to their beft Judgment as they can) and alfo to appoint and fwear a Collector or Collectors, for the collecting and gathering and paying in the fame Affeffment to fuch Per. fons as thall by faid Commiffioners be appointed to receive it; with Power to diftrain all fuch Perfons as fhall neglect or refufe to make Payment of his, her or their Parts or Proportion fet and affeffed as aforesaid, in such Manner as in the State Rates and Taxes by Law may be done; and to call before themfelves the faid Collector or Collectors, to an Account for his or their Betraftment, with Reference to the Premises. And the faid Commiffioners fhall be fworn to a faithful Discharge of their Trust, and shall receive fuch Salaries out of the faid Assessments for their Time and Expences, touching the Premifes, as the Governor and Council fhall ap point; unto whom the faid Commiffioners shall be accountable when thereunto required. And if any Proprietor of any fuch Lands fhall be unable, or otherwise neglect to pay his, her or their Proportion of the faid Rates or Affeffments, it fhall and may be lawful to and for the other Proprietors concerned therein, to pay the faid Assessments, and to hold the said Lands of the Perfon neglecting or refufing as aforefaid, until the Profits of those Perfons Lands may be fufficient to reimburse them, according to the Judgment of the Commiffioners. Always provided, That it fhall be in the Liberty of any Perfon aggrieved at any Procedure of the faid Commiffioners, or of any others in Puricance of this Act, to appeal or complain unto the Governor and Council for Relief. And forafmuch as the Ditches, Drains and Dams made by the Commiffioners aforesaid, will be likely to fill up, or get out of Repair, it will be needful that they be frequently feoured or repaired: Therefore, Be it further enacted by the Authority aforesaid, That the Proprietors of such marthy, wet or drained Lands, after the faid Commiffioners have dammed, ditched or drained the fame, may meet and affemble together from Time to to meet, &c. Time, as there fhall be Occasion: Which Meeting fhall be warned as follows, viz. Proprietors Meeting how called. and business when met. When and fo often as any three of faid Proprietors, fhall judge a Proprietors Meeting neceffary for the Purposes hereafter mentioned, they may apply to the next Affistant or Justice of the Peace, who thereupon is hereby impowered to iffue forth his Precept to fome meet Perfon, to warn all the Proprietors of fuch Lands, to meet at fuch Time and Place, and for fuch Business as fhall be therein appointed and declared; and the Perfon to whom fuch Precept is directed, fhall give Warning to all the Proprietors of fuch Lands, that live in the Town where the Lands lie, by reading the fame in their hearing, or leaving an attefted Copy thereof at the Place of their usual Abode, at least three Days before fuch Meeting: And the (aid Meeting being to warned and assembled, shail be a lawful Meeting. And at any, and every of fuch Meetings, as there fhall be Occafion, the faid Proprietors, by their major Votes, to be computed according to their Intereft in fuch Lands, may choose a Clerk, who fhall be fworn to make true Entries of Their power all fuch Votes as thall be paffed in faid Meetings; and alfo of the Reports of the Proprietors Committee, of their doing, in ftating and fetting out to each Proprietor his Part of fuch Dams, Ditches and Drains; Which Committee the faid Proprietors are hereby impowered to choofe, confifting of two or three Men, who may ftate and fet out to each Proprietor his Part or Proportion of fuch Dam, Ditch or Ditches; to be computed and done according to his Intereft in fuch Lands: Which Committee shall make a Return, or Report of their Doings therein, unto the Clerk, in Writing under their Hands ; to be entered on Record, that it may be known. Each proprie ⚫ And each Proprietor, his Heirs and Affigns, fhall ever after fufficiently clear tor to do his and keep open, and in Repair, his Part of fuch Dams, Ditches and Drains, part. ftated and fet out to him as aforefaid. Always provided, The Proprietors may, at any Time afterwards, caufe a Provifo. new Stating of the fame, as they fhall fee Occafion. And the more effectually to oblige the jaid Proprietors to do the fame, It is further enacted, That the faid Proprietors fhall be, and are hereby im- To choose powered to choose two or more Perfons among themselves, to be Scavengers fcavengers. for the clearing up or keeping in Repair fuch Dams, Drains and Sewets: Which Scavengers, fhall be chofen and appointed, once in two Years; and shall take the Oath by Law provided. And if any Perfon or Perfons, lawfully chofen to faid Office of Scavenger, Penalty for shall refufe, or neglect to take such Oath, being required thereunto by a Citatirefufal to on from an Affistant or Juftice of the Peace; fuch Perfon or Perfons, fhall each farve. of them pay a Fine of Twenty Shillings to the Proprietors of fuch Lands, to be delivered to their Committee for the Ufe of the Proprietors: The fame to be levied by Warrant from fuch Affiftant or Juftice. Others to be And the Proprietors aforefaid, fhall proceed to choofe other Perfon or Per- chofen. fons Scavengers, in the Room of fuch as have refused as aforefaid; and fototies quoties. And the faid Scavengers fhall from Time to Time, diligently infpect the Dams, Drains and Ditches, and fee that they are kept open, or in good Repair; and if at any Time they find them, or any Part of them filled or out of Repair, they fhall forthwith give Warning thereof unto fuch Proprietors, whofe Part is deficient, that they forthwith repair and amend the fame; and ifany Proprietor fhall not within five Days next after fuch Warning given, clear or repair the fame fufficiently, in the Judgment of the Scavengers, the faid Scavengers are hereby impowered and appointed, forthwith to cause the fame to be fufficiently repaired; and the Perfon or Perfons to whom it belongs, fhall pay double Coft to the Scavengers for repairing the fame: And in Cafe of Refutal or Neglect of Payment thereof, for the Space of ten Days after an Account thereof presented, and demand thereof made; fuch Coft and Charges fhall be levied by Diftrefs, and the Sale of the Offender's Goods, by Warrant from an Affiftant or Juftice of the Peace. And for Want of Goods or perfonal Eftate, the Officer fhall deliver to the Scavenger fo much of the Lands of the Perfon deficient as will answer the fame, with additional Cofts, by a reafonable Extent. Scavengers duty. Lands liable, &c. Always provided, That if any Proprietor thinks himself aggrieved with the Account of the Scavengers, he may, at his own Coft, within the faid ten Days, Provifo make Application to the Select-men of the fame Town wherein the Land lieth, who being no ways Parties to the Controversy, fhall anew appraife the Coft of fuch repairing, and the Party deficient fhall pay double Coft according to their Appraisement, to be recovered as aforesaid. Provided aljo, That when the Proprietors of fuch Lands fhall judge that the clearing of faid Ditches and Drains, or repairing faid Dams may be more eafily and more effectually performed in a general Way and Manner, and shal! thereupon in any of their lawful Meetings, by their major Vote, computed by Intereft, as aforefaid, vote and agree that the faid Ditches and Drains fhall be cleared, or faid dams repaired at the public Charge of the Proprietors, then the faid Commiffioners of Sewers fhall, and they are hereby impowered, to employ Perfons to do the fame in the fame Manner as they are by this Act enabled to do in the first making of faid Dams, Ditches, and Drains; any Thing in this Act contained to the cantrary notwithstanding. Provifo. 222 Any perfon drains, &c. Sheep. And be it further enacted by the Authority aforesaid, That if any Períon or incumbring Perfons without Liberty of the Proprietors first had or obtained, thail fet any Fence, Hedge, or other lacumbrance, on the Bank of fuch Drain or Drain', to the annoyance and incumbrance of it, or to make the clearing up and keeping the fame in good Repair more difficult, it shall be lawful for the Scavengers to remove the fame as a Common Nufance. common nufance. Owners of sheep to meet, &c. To choose a clerk, &c. Sheep at large, &c. ilable to be impounded. No perfon to turn a flock of more than 50 fheep on the common with a keeper. Rams re ftrained. BE An Act for ordering, reftraining and preferving Sheep. E it Enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Owners of Sheep in any Town in this State, or the major Part of them, fhall be allowed and impowered, and they are hereby allowed and impowered to meet together within their Limits, as often as there fhall be Occafion; and in fuch their Meetings to order that the Sheep in fuch Town fhall be put together in a Flock or Flocks annually, for fuch Time and Seafon of the Year as they fhall determine. And the Owners of the Sheep of every fuch Flock, are impowered to meet together in their Limits, and in fuch Meeting by their major Vote, according to their Intereft, to be computed according to the number of Sheep each Voter hath, to choose their Clerk, who fhall be worn to make true entries of all fuck Votes and Acts as fhall be made by faid Owners of Sheep! And also to choofe 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 warnings of their Meetings, and all neceffary Orders proper for the better managing their Flock, reftraining Rams from going at large within their Limits, and fecuring the Flock from being deftroyed by Dogs'. And if any Sheep fhall go at Large on the Common without a Keeper, in any Town in this State, fuch Sheep may be taken up and impounded by any Perfon finding the fame; unlefs any Town hall agree and order to the contrary within their own Precincts, refpecting their Sheep. And whereas it is practiced in some of the Towns in this State, by jome particular Inhabitants, to turn large Flocks of Sheep on the High ways, with a Keeper, and thereby eat up and deftroy the Herbage therein; to the great Detriment of the poor inbabitants of fach Towns: Which to prevent : Be it further enacted by the Authority aforelaid, That no particular Person in any Town in this State, fhall for the future, turn any Flock of Sheep on the Highways with a Keeper, of more than Fifty, to eat up and confume the Her bage therein, without Liberty firft had and obtained from fuch Town, or the Proprietors thereof, on Pain that every Offender fhall forfeit and pay the Sum of Twenty Shillings, for every fuch Offence, to him or them who will fue for and profecute the fame to Effect. And it is further enacted, That every Town that does not agree to have any Flock, fhall have the fame Power to make Acts relating to the reftraining of Dogs deftroyed. Rams and fecuring the Sheep from being deftroyed by Dogs, as the Owners of 1 Sheep have that live within the limits of any Flock, as aforefaid. And no Damage fhall be recovered against any Person for killing any Dog or Dogs, according to the Orders of fuch Town, or Owners of any Flock. Who to order dogs to be killed. And the more effectually to prevent Mifchief being done by Dogs, to Sheep and Cattle in this State. Be it further enacted by the Authority aforesaid, That when any Perfon or Perfons living in any Town in this State, fhall complain to any one of the Select-men of fuch Town, of Damages done among Sheep or Cattle, by their being worried, wounded or killed by Dogs in the Woods or elsewhere in fuch Town; or hall complain thereof to any one of the Sheep-mafters of the Flock, |