within the Limits whereof fuch Mischief is done, and fhall inform fuch Selectmen or Sheep-mafter what, and whofe Dog or Dogs they fufpect did faid Mif- Complaint chief, fuch Select-man or Sheep-mafter fhall confider what fuch Complainant how and to fhall offer, and any other Marters he shall think proper to convince him of the whom made. reasonableness or unreasonableness of such Suspicion, and if he be fatisfied there is great reafon for Sufpicion that the Dog or Dogs complained of have done the faid Mifchiet, fuch Select-man or Sheep-mafter hall give Sentence that fuch Dog or Dogs fhall be killed: After which it fhall be lawful for any Perfon or Perfons to kill fuch Dog or Dogs.

And if after such Sentence given (fuch Dog or Dogs not being killed) such Damage Mischief shall again be done by Dogs, the Owner of fuch Sheep or Cattle wor- when and ried, wounded or killed by Dogs, fhall recover all his Damages against the Ow- how to be rener or Owners of fuch Dog or Dogs fentenced to be killed as aforefaid; unless covered. upon Trial the Owner or Owners of fuch Dog or Dogs fhall fatisfy the Court, Adiftant, or Juice before whom the Trial is, that the Damages were not done by his or their Dog or Dogs fentenced as aforefaid.

Always provided, That the Owner or Owners of fuch Dog or Dogs, be notified of the Sentence aforefaid, before the Damage fued for, was done And that no Profecution by virtue of this Act, for fuch Damages, be made after four Days from the Time fuch Damage are done.

And whereas jame Persons of evil Fame, Jometimes use Means to conceal the Marks of Sheep, and other Creatures they kill and dress, which gives great Sufpicion of their feloniously having taken the fame, to the great Damage of the OwWhich to prevent:

ners, &c.

Killing and concealing

Be it further enacted by the Authority aforesaid, That whenfoever any Perfon shall be fouud killing or dreffing any Sheep, Cattle or Swine, and fhall wilfully deface any of the Marks, whether natural or artificial, of fuch Creature, defignedly to conceal the fame; or fhall refufe to expose them to the View of any credible Perfon when requested thereunto; in every fuch Cafe the Conftables and Grand-jurors in the Town where fuch Creature fhall be fo killed, and the Marks thereof, fo as aforefaid concealed, upon credible Information thereof, the marks of fhall, and they are required to make Prefentment of fuch Offence to fome Court, creatures puAffiftant or Juftice of the Peace, who may caufe fuch fufpected Perfon to be nishable, unbrought before him or them; and if upon Examination fuch fufpected Perfon lefs, &c. fhall not fhew to the fatisfaction of fuch Authority, that he did not kill fuch Creature, (and wilfully deface or conceal the Marks thereof as aforefaid) or that he had good Right fo to do, he shall be adjudged guilty of feloniously tak ing the fame, and fhall pay to the Treasurer of the Town where fuch Offence is committed, treble the Value of fuch Creature fo killed, befides fuch Fine as the faid Court, Affiftant, or Juftice fhall order, not exceeding Twenty Shillings or be publicly whipped, not exceeding fifteen Stripes.

And if fuch Perfon fhall within one Year after fuch Conviction, make it ap- Forfeiture to pear to the fatisfaction of the faid Authority, that he was the true and lawful be returned Owner of fuch Creature fo killed, he fhall receive of faid Treasurer, by order of in cafe, &c. faid Authority, the three-fold Damages, adjudged as aforefaid.

An Act for appointing of Sheriffs, and for impowering and

regulating them in the Execution of their Office.

Governor and

E it enacted by the Governor, Council and Reprefentatives in General Court affembled, and by the Authority of the fame, That there fhall be a Sheriff, Sheriff to be duty qualified to execute the Sheriff's Office in each of the Counties in this State, appointed by who thall from Time to Time, as there fhall be Occafion, be appointed by, Council. and become bound before the Governor and Council, with two fufficient Sure- Bond to be ties, Freeholders in this State, by a Recognizance in the Sum of One given.

Hh

224.

Oath required

Sheriffs pow

cr.

To conferve

the peace and fupprefs riots,

To command afsistance.

Fines.

Conftables

like power.

To raife militia in cafe,

&c.

Militia to abey.

Sheriffs.

Thousand Pounds, to the Treasurer of the State, for the faithful Adminiftration and Discharge of faid Office, and for anfwering all fuch Damages as any Perfon or Perfons fhall fuftain by any Unfaithfulness or neglect in the fame: And before he executes faid Office hall take before the Governor, or in his Abfence the Lieutenant-Governor, the Oath by Law required to be taken by fuch as execute the faid Office; who shall thereupon receive a Warrant or Commillion from the Governor, or in his Abfence the Lieutenant-Governor, cxpreffing him to be qualified as aforesaid, authorizing and impowering him to execute the faid Office. And every Perfon being fo appointed, qualified and impowered shall be accounted lawful Sheriff of the County for which he is p pointed; and fhall have fall Fower and Authority to serve and execute all lawful Writs within their respective Counties, to them directed, coming from lawful Authority: And shall have and execute the Power and Office of WaterBailiffs; which is hereby annexed to the Sheriffs Office.

be

And also shall have full Power within their respective Counties, to conferve the Peace, and to fupprefs with Force and ftrong-Hand, when the necefity of the Cafe fhall fo require, all Tumults, Riots, Routs and other unlawful Affemblies; and to apprehend without Warrant, all fuch as they fhall find fo, as aforefaid, appearing in Disturbance of the Peace, and cause them to appear fore the next Affiftant, or Justice of the Peace; who may, as the Cafe after Examination thereinto shall require, bind over such Offenders to the next County Court in that County wherein the Offence is committed; which Coart upon Conviction of such Offenders of the Breach of the Peace, in any of the Kinds aforefaid, fhall punish them, and every of them, by Fine or Imprifonment, at their Difcretion, as the Nature of the Offence fall require.

That the Sheriffs aforefaid, shall have full Power, at their Difcretion, to command fuch Affiftance of fuitable Perfons within their respective Counties, as they fhall judge needful, to affift them in the Execution of their Office, in every Branch thereof: And whosoever being of Age and Ability, and being fo com. manded, thall neglect or refufe to affift any Sheriff in the Execution of his Office, according to his Ability, and be thereof convicted in the County Court of that County, fhall pay a Fine not exceeding Ten Pounds, to the Treasurer of faid County, and the Charges of Profecution.

And each and every Constable in this State fhall, within their respective Towns, have Power equal to what is hereby given to Sheriffs in their respective Counties.

And in cafe great Oppofition fhall be made against any Sheriff, in executing of lawful Writs, figned by lawful Authority, or in ferving other lawful Writs and Proceffes, figned as aforefaid, or in cafe there be a Sufpicion that such great Oppofition will be made, fuch Sheriff is hereby authorized, by and with the Advice of one Affiftant and a Juftice of the Peace, and of fuch other Affiftants and Justices prefent, in cafe more are prefent, to raise the Militia of the County, or 10 many of them as they fhall judge needful for the removing all Oppofition out of the Way; and fhall proceed therein, and be indemnified; as is provided by Law, entitled, An Â& for preventing and punishing Riots and Rioters.

And all Military Officers and Soldiers are hereby commanded to yield Obe dience to the Sheriff's Commands in fuch Cafer, on the Pains and Penalties hereafter mentioned.

And the Sheriffs fhall not Return that they cannot do Execution.

That if any Commiffion Officer, or any Soldier thall neglect or refuse to obey the Command of the Sheriff, under the Regulation aforefaid, and be thereof convicted before the County Court, fuch Officer shall pay a Fine not exceeding Twenty Pounds, and every fuch Soldier fhall pay a Fine not exceeding obey theriffs. Three Pounds; and the Charges which fhall arife, and Damages which fhall be fuftained upon fuch an Occasion, shall be paid and fatisfied out of the

Benalty for refuting to

Eftates of him or them who are the Occafion of it: And in cafe no Estate, or not fufficient to answer the faid Charges ans Damages, can be found, it shall be paid and satisfied out of the County Treasury where fuch Cafe fhall happen. And the Sheriff is hereby authorized to feize and difpofe of a fufficiency of Sheriffs to the Offender's Eftate, if to be found, to anfwer the Charges and Damages feize their aforefaid. goods, &c.

And the Wages of fuch Officers, Soldiers, and other Perfons commanded to the Affiftance of the Sheriff, fhall be Five Shillings per Diem for Captain, Wages allow. Three Shillings for a Lieutenant, and Two Shillings for each Centinel, and ed, &c. other Perfons imployed in fuch Service.

And the more effectually to oblige Sheriffs and Conftables to perform the Services

of their Offices, and the better to regulate them therein;

Be it further enacted by the Authority aforefaid, That the Sheriffs and Con- To receive ftables fhall receive all manner of Writs, in any Place and at all Times with writs, &c. in their Counties or Precincts, when and wherefoever they shall be tendered to them, and shall execute the fame, and make return thereof according to the Directions therein given.

be given, &c.

And any Person may Demand of the Sheriff, or Constable to whom he delivers any Writ, to give a Receipt thereof under his Hand, wherein the Names Receipt to of the Parties, the Sum or Thing in Demand, the Date of the Writ, and of its Delivery fhail be contained, without taking any Thing therefor: And on his Refufal, others prefent may fet to their Hands as Witneffes to fuch Delivery. And if fuch Sheriff or Constable shall not execute the Writ, or fhall neglect

to make return thereof, or shall make a falfe or undue Return; on Complaint For neglect, thereof made to the Court or Justice, to which it was made returnable, the fincable. Court or Juftice may enquire thereof, by the Evidence produced, and if he be found in Default, the Court or Justice may fet a fuitable Fine upon him, and award Damages to the Party aggrieved, having refpect unto the Quantity and Quality of the Action, and the Peril that might have happened unto him by the Delay which he suffered.

ed fourteen days, &c.

Which Process against fuch Sheriff or Conftable fhall be ferved at least four- Procefs fery. teen Days before the fitting of the Court wherein it is to be tried. And that whenfoever any Sheriff or Constable shall be fued far not executing any Writ of Execution, delivered to him to be executed, there shall be no Ap- No appeal. peal allowed in any such Cafe.

Provided, A Receipt in Writing be demanded or received of fuch Officer, Provifo. for fuch Writ of Execution at the Time of the Delivery thereof, as is herein before provided.

Provided alfe, That if fuch Officer fhall be complained of, or fued before an Affiftant or Juftice of the Peace, for not executing, or for making a falfe or un- Provifo. due Return of any Writ of Execution granted by fuch Affiftant or Juftice, on a Judgment for more than Forty Shillings, founded on the Confeffion of the Debtor; either of the Parties in fach Complaint or Suit fhall have Liberty of an Appeal from the Judgment of fuch an Afftant or Justice, to the next County Court in the fame County; any Thing before in this A&t to the contrary notwithstanding.

Be it further enacted by the Authority aforefaid, That the refpective Sheriff's Sheriffs may may conftitute and impower Deputies to act under them; provided however appoint dethat the number of Deputy-Sheriffs, acting under the respective Sheriffs of the puties. feveral Counties respectively at the fame Time, fhall be, and the fame is hereby limited as follows, namely: For the County of Hartford not more than Twelve; for the County of New-Haven not more than Eight; for the County of New-London not more than Six; for the County of Fairfield not more than Number li Six; for the County of Windham not more than Six; for the County of Litch. mited.. field not more than Eight.

226

Provifo.

riffs to be under oath.

Provifo.

Ships.

Provided newertheless, That the Sheriffs of their refpective Counties, fhall have Liberty on fpecial Occafions, to depute any meet Perfon to serve and exe cute any pa ticular Writ or Procefs; which Deputation fhall appear, enteredon the back of faid Writ or Procels; any Thing in this Act to the contrary notwithstanding.

And it is further Enacted, That no Perfan fhall be allowed to ferve as DeDeputy he- poty-Sheriff, within this State, until he take the Cath by Law prescribed for Deputy Sheriffs, in the Table of Qaths. Provided nevertheless, That when any Perfon fhall be deputed on fome fpecial Occafion, as aforefaid, to serve a particular Writ, and after the fervice thereof thall make Oath before an Afftant or Justice of the Peace, that he faithfully and truly ferved the fame, according to his Lado fement thereon, and that he did not fill up the faid Writ, nor give any Direction to any Person to fill up the fame : And fuch Oath being indorsed on the faid Writ, or properly certified by the Authority adminiftering the fame, the Service thereof thall be good and valid; any Thing in this Act to the contrary notwithstanding.

Provifo...

Writs to a

bate, &c.

Traveling. f.es no more than actual travel.

On theriffs

fuit on re

ceipt.

No appeal.

Writs filled

up by theriffs

& to abate, uniels, &..

Preamble.

Provided allo, That this Act shall not extend to prohibit the Sheriffs, in their respective Counties, of deputing each other to ferve as Deputies in their refpective Counties.

And be it further enacted by the Authority aforefaid, That all Writs and Proceffes that thall be fe ved or excused by any Deputy-Sheriff, not qualified as aforefaid, thall be void and abate.

And that no Deputy-Sheriff half be allowed any more Fees for Travel to ferve and return any Writ or Execution than he doth actually travel to ferve and return the fame; any Ulage or Cuftom to the contrary notwithstanding.

And that whenever any Sheriff or Contable, by virtue of any Writ of Execution, shall feize any Goods or Chattels to anfwer and fatisty fuch Execution, and any Perion than appear to receive fuch Goods and Chattel, into his Care, and thall give to fuch Officer a Writing well executed by fuch Perfon, therein expreffing the Receipt of luch Goods and Chattels, and thereby promifing to re-deliver the fame to fuch Officer, and fhall fail of performing accordingly, and any Action fhail be brought by fuch Sheriff or Contable, there shall be no Appenin uch Cafe allowed or granted.

And be it further enacted by the Authority aforefaid, That no Sheriff, UnderSheriff, Sheriff-Deputy, or Contt.ble thall be allowed to draw or fill up any Writ, Procefs, or Declaration in any Cafe whatsoever, nor appear in any Court as Attorney for and in Behalf of any other Perfon or Perfons whatever.

And if it shall appear in any Cafe, that the Writ, Procefs, or Declaration was drawa or filled up by any Sheriff, Sheriff's-Depury, or Constable (their own Cafes only excepted) the fame fhall abate, and be aifmiffed; any Law, Ufage, or Cuftom to the contrary in any wife notwithstanding.

An Act for regulating and infpecting the building of Ships and other Veffels.

FORASMUCH as the building of Ships and other Veffels, is or may be a Business of great importance in this state; it is neceffary that jome juitable Provifion be made, that effectual Care be taken for the well performing the jame :

Therefore,

BE it enacted by the Governor, Council and Representatives, in General Court

af mbled, and by the Authority of the jame, That when and to often as any Ship or Vellel of twenty Tons or upwards is to be built or let up in any Town or Place within this State, before any Plank be brought on, the Builder or Owner thall repair to one of the next Affiftants, or Juftices of the Peace within the fame County, who upon Request made, is hereby impowered to appoint and

authorize one or more able Ship-Wrights to be Overfeers and Surveyors of the

faid Building, and of all the Materials and Workmanship in and about the Surveyors to fame, from fine to Time, as often as the Builder or Owner fees Caufe to call be appointed them thereto; who are to take Care that all the Materials be found, fufficient, before plank. and suitable for the Occafion, and that the Work be done and performed strong, fubftantial, and according to the Rules of the Ship-Wrights Art.

ing.

And to direct, and they are hereby impowered to order and direct, that all Their duty.. infufficiens, defective Timber, Piank, and other Materials, and Workmanship be taken out, and amended. No Timber or Plank of Oak to be allowed, other than White-Oak or Rock-Oak, (except for the Deck and Cieling of fuch Ship or Vellei.)

Which Surveyors fo appointed. fhall be fworn to be faithful and indifferent, To be fworns between the Carpenter and the Owner or Uwners.

That if any Builder or Carpenter upon Advice, Order and Direction of füch Surveyor or Surveyors, fhall neglect or refufe to reform and amend what is

ji dged to be defective or amifs in any Materials or Workmanship; every fuch Penalty 55. Builder or Carpenter fhall forfeit and pay the fum of five Shillings per Diem to per day for not attending the Treasurer of that Town where fuch Veffel fhall be in building, until fuch the advice of Defects, Infufficiencies, and Mif-doings fhall be amended, being convicted of furveyors. fuch Refufal or Negiect before any one Affiitant or Justice of the Peace; unless fuch Authority, on hearing of the Builder or Carpenter, fhall fee caufe to allow him fome further reasonable Time for doing the fame, after which the Forfeiture to be as aforefaid,

And if any Builder or Carpenter fhall bring to, and faften any Plank upon any Ship or Veffel of the Burden aforefaid, before a Warrant of Survey be obtained, as aforesaid, and the Surveyor or Surveyors have been to view the Frame; every fach Builder or Carpenter offending herein, fhall forfeit and pay the Sam offen Pounds; one Moiety thereof to the Treasurer of the State, and the other Moiety to him or them that fhall fue for and profecute the fame to effect, by Bill, Plaint or Information in any of the Courts of Record in this State.

Penalty 1ct

for neglecting furvey.

And that when any Surveyor or Surveyors are called to furvey the Work or Materials, in Manner aforelaid, they fhall have for their Care and Pains, and Surveyors Attendance when called, three Shillings for every Survey; which Charge of allowance. Surveying fhall be born by the Builder when he is defective, but if he is not in Fault, then by the Owner or Owners; and in Cafe of Travel out of Town, the Surveyors to be further allowed for their Travel and neceffary Charges.

An Act providing in Cafe of Sickness.

the

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That for preventing the fpreading of Infection, when it haji happen that any Perfon or Perfons coming Perfons com from Abroad, or from any Town or Place within this State, are vifited, or ing from plahave lately been vifited with the Small Pox, or other contagious Sicknefs, or ces infected, that may juftly be fufpected to have taken the Infection of any fuch Difeafe, &c. care to be taken to prewhich Infection may probably be communicated to others; the Select-inen of fuch Town in which fuch Perfons vifited with fuch Sicknefs, or fufpected to be infectious dif vent spread of infected with fuch Difeafe are, thall, and they are hereby impowered, by War- cafes, &c. rant from two Affittants or Juftices of the Peace, or for Want of two by any one, to take Care and make effectual Provifion in the beft Manner they can, for the Prefervation of the Inhabitants from the Infection, by removing and placing luch fick or infected Perfon or Perfons to and in a feparate louie or Houses; and alfo to take Care of the fick and infected Perfons, by providing of Nuries,