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within the Limits whereof such Mischief is done, and shall inform such Selectmen or Sheep-maiter what, and wh se Dog or Dogs they suspect did said Mif- Complaint chief, such Select-man or Sheep-mafter shall conlider what such Complainant how and to shall rffer, and any other Mariers he shall think proper to convince him of the whom made. reasonableness or unreasonableness of such Suspicion, and if he be satisfied there is great reason for Suspicion that the Dog or Dogs complained of have done the said Mischiet, such Select-man or Sheep-inalter Mall give Sentence that fuch Dog or Dogs shall be killed : After which it shall be lawful for any person or Perlons to kill such Dog or Dogs. And if after such Sentence given (such Dog or Dogs not being killed) such
Damage Mischief thall again be done by Digs, the owner of such Sheep or Cattle wor- when and ried, wounded or killed by Dogs, snall recover all his Dainages against the Ow- how to be reDer or Owners of such Dog or Dogs lentenced to be killed as aforesaid; unlets covered. ofon Trial the Owner or Owners of such Dog or Dogs mall satisfy the Court, Afiftant, or Justice before whom the Trialis, that the Damages were not done by his or their Dog or Dogs sentenced as aforesaid.
Always provided, That the Owoer or Ovners of such Dog or Dogs, be notified of the Sentence aforesaid, before the Damage sued for, was done : And that no Prosecution by virtue of this Act, for such Damages, be made after four Days írom the Time such Damage are done.
And whereas jome Perions of evil Fame, jometimes use Means to conceal the Marks of Sheep, and other Creatures obey kill and dress, which gives great sufpicion of their feloniously having taken the same, to the great Damage of the Ow
Which to prevent : Beis further enniled by the Authority aforejaid, That whenfoever any Person mall be fouud killing or dressing any Sheep, Cattle or Swinc, and Mall wilfully deface any of the Marks, whether natural or artificial, of such Creature, defignedly to conceal the same; or shall refuse to expose the in to the View of any credible Perion when requested thereunto ; in every such Case the Constables
Killing and and Grand-jurors in the Town ivhere luch Creature shall be so killed, and the
conceasing Marks :hereot, so as aforesaid concealed, upon credibie Information thereof, the marks of shall, and they are required to make Preteniment of such Oftence to fome Court, creatures puAsistant or Justice of the Peace, who may cause fuch futjected Person to be niñable, unbrought be 'ore him or them; and if upon Examination such suspected Person less, &c. hall not thew to the satisfaction of such 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 same, and shall pay to the Treasurer of the Town where such Offence is committed, treble the value of such Creature fu killed, belides such Fine as the said Court, Aliftant, or Justice shall order, not exceeding T wenty Shillings or be publicly whipped, not exceeding fifteen Stripes. And if such person shall within one year after luch Convidion, make it
ap- Forfeiture to pear to the sacisfaction of the said Authority, that he was the true and lawful be returned Owner of such Creature so killed, he shall receive of said Treasurer, by order of in care, &c. said Authority, the three-fold Damages, adjudged as aforesaid. An Act for appointing of Sheriffs, and for impowering and
regulating them in the Execution of their Office. E it enacted by ibe Governor, Council and Representatives in General Court duty qualified to execute the Sheriff's Office in each of the Counties in this Stace, appointed by who thail from Time to Time, as there thall be Occalion, be appointed by, Council. and become bound before the Governor and Council, with two sufficient Sure- Bond to be ties, Freeholders in this Stace, by a Recognizance in the Sum of One given.
Thousand Pounds, to the Treasurer of the State, for the faithful Adminiftra
tion and Discharge of Said Office, and for answering all fuch Damages as any Oach required
Person or Persons shall futain by any Unfaithfulness or neglect in the fame : And before he exécutes said Office thall take before the Governor, or in his Absence the Lieutenant-Governor, the Oath by Law required to be taken by such as execute the faid Office ; who shall thereupon receive a Warrant or Com. mission from the Governor, or in his Absence thc Lieutenanc-Govenor, cx-. presling him to be qualified as aforesaid, authorizing and impowering him to execute the aid office. And every person being to appointed, qualified and
impowered shall be accounted lawful Sheriff of the County for which he is opSheriffs powe
pointed ; and shall have fell Power and Authority to serve and execute all lawful Writs within their respective Counties, to them directed, coming from law. ful Authority : And shall have and execute the Power and Office of Water
Bailiffs ; which is hereby annexed to the Sheriffs Office. To conferve
And also shall have full Power within their respective Counties, to conserve the peace and the Peace, and to fuppress with Force and trong-Hand, when the neceflory of
the Cafe shall so require, all Tamults, Riots, Routs and other unlawful Affemblies; and to apprehend without Warrant, all such as they shall find fo, as aforesaid, appearing in Didurbance of the Peace, and cause them to appear before the next Affiftant, or justice of the Peace ; who may, as the case after Examination thereinto thall require, bind over luch Offenders to the next County Court in that County wherein the Offence is commiteed; which coart upon Conviction of such Offenders of the Breach of the Peace, in any of the Kinds aforesaid, Mall panith them, and every of them, by Fine or Imprisonment, at
their Discretion, as the Nature of the Offence fhall require. To command
That the Sheriffs aforesaid, shall have full Power, at their Discretion, to con." affiftanse. mand such Aflistance of suitable Persons within their respective Counties, as
they fhall judge needful, to aflift them in the Execution of their Office, in every Branch thereof : And whosoever being of Age and Ability, and being so com.
manded, thall neglect or refuse to affit any Sheriff in the Execution of his Office, Fines.
according to his-Ability, and be thereof convicted in the County Court of that County, thall pay a Fine not exceeding Ten Pounds, to th¢ Treasurer of faid
County, and the Charges of Prosecution. Constables And each and every Constable in this State shall, within their respe&tive like power. Towns, have Power equal to what is hereby given to Sheriffs in their respective
And in case great opposition hall be made again any Sheriff, in executing To raife mi- of lawful Writs, figned by lawful Authority, or in serving other lawful Writs litia in cale, and Processes, figned as aforesaid, or in case there be a Suspicion that such great &c. Oppofition will be made, luch Sheriff is hereby authorized, by and with the Ad
vice of one Afitant and a Justice of the Peace, and of such other Afilants and Juftices present, in cafe more are present, to raise the Militia of the County, or io many of them as they hall judge needful for the removing all Oppolition ost of the Way; and shall proceed therein, and be indemnified; as is provided
by Law, entitled, An AA for preventing and punishing Riots and Rigsers. Militia to
And all Military Officers and Soldiers are hereby commanded to yield Obeobey.
dience to the Sheriff's Commands in such Cafer, on the Pains and Penalties hereafter mentioned.
And the Sheriffs shall not Return that they cannot do Execution.
That if any Commission Officer, or any Soldier thall neglect or refuse to
obey the Command of the Sheriff, under the Regulation aforesaid, and be Penalty for thereof convicted before the County Court, such Officer thall pay a Fine not ex. refusing to ceeding Twenty Pounds, and every fuch Soldier shall pay a Fine not exceeding obey iheriffs. Three Pounds; and the Charges which shall arise, and Damages which
shall be fulained opon such an Occasion, shall be paid and satisfied out of the
E ftates of him or them who are the Occalion of it: And in case no Estate, or noi lufficient to answer the said Charges anu Damages, can be found, it hall be paid and satisfied out of the County Treasury where fuch Cafe shall happen.
And the Sheriff is bereby authorized to seize and dispose of a sufficiency of Sheriffo to the Offender's Eftate, if to be found, to answer the Charges and Damages seize their a foresaid.
goods, &c. And the Wages of such Officers, Soldiers, and other Persons commanded to the Astance of the Sheriff, shall be Five Shillings per Diem tos Captain, Wages allow. Three Sbillings for a Lieutenant, and Two Shillings for each Centinel, and el, dcc. other Pessons imployed in such Service.
And the more effe&ually to oblige Sheriffs and Conftables to perform the Services of tbeir Ofices, and tbe better to regulate them herein ; Beit
further enged by the Axbority aforesaid, that the Sheriffs and Con. To receive Atables hall receive all manner of Writs, in any Place and at all times with writs, &c. in their Counties or Precincts, when and wheresoever they fhall be tendered to them, and shall execute the fame, and make return thereof according to the Directions therein given.
And any person may Demand of the Sheriff, or Contable to whom he de. livers 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
be given, &C. its Delivery fhail be contained, without taking any thing therefor: And on his Refural others present may set to their Hands as Witnesses to such Delivery.
And if such Sheriff or Constable shall not execute the Writ, or shall neglect to make return thereof, or fall make a false or undue Return ; on Complaint For neglect, thereof made to the Court or Justice, to which it was made returnable, the fincable. Court or Justice may enquire thereof, by the Evidence produced, and if he be found in Default, the Court or justice may fer a suitable Fine upon him, and award Damages to the Party aggrieved, having respect unto the Quantity and Quality of the Action, and the Peril that might have happened unto him by the Delay which he suffered. Which Process against such Sheriff or Constable shall be forved at least four. Proceso ferro
ed fourteen teen Days before the ficting of the Court wherein it is co be tried.
days, &c And that' whensoever any Sheriff or Constable shall be fued faf not executing any Writ of Execution, delivered to him to be executed, there Mall be no Ap- No appeal. peal allowed in any such Case.
Provided, A Receipt in Writing be demanded or received of such Officer, Provilo. for such Writ of Execution at the Time of the Delivery thereof, as is hercin before provided.
Provided alja, That if such Officer ihall be complained of, or fued before an Afiftant or Justice of the Peace, for not executing, or for making a false or un. Proviso. due Return of any Writ of Execution granted by such Affitant or Justice, on a Judgment for more than Forty Shillings, founded on the Confektion of the Debcor ; either of the Parties in fuch Complaint or Suit shall have Liberty of an Appeal from the Judgment of such an Albstant or Justice, to the next County Court in the same County ; any Thing before in this Act to the contrary notwithstanding.
Be it further enacted by the Authority aforesaid, that the respective Sheriff's Sheriffs may may constitute and impower Deputies to act under them; provided however appoint de. that the number of Deputy-Sheriffs, acting under the respective Sheriffs of the puties. leveral Counties respectively at the same Time, shall be, and the same 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 die Six; for the County of Winabam not more than Six , for the County of Litch, mited.. field not more than Eight.
Writs to a
Provided nevertheless, That the Sheriffs of their respective Counties, fall have Liberty on special Occasions, to depute any meet Person to serve avd exe, cute any pa ticular Writ or Process; which D-putation shall appear, enteredoa the back of said Wris or Process; any Thing in this Ad to the contrary Dolwithstanding.
And it is further Enadled, That no Persan shall be allowed to serve as De. Deputy the poty-Sheriff, within this state, until he take the Oath by Law prescribed for riffs to be un- Deputy-Sheriff's, in the Table of Qaths. Provided nevertheless
, that when der .
any Person shall be deputed on some special Occasion, as atorelaid, to serve 2
particular Writ, and atier the service thereof thall make Oath before an Atlant Provilo.
or Justice of the Peace, that he faithfully and truly served the same, according to his ladorsement thereon, and that he did not fit ap the laid Writ, nor give any Direction to any person to fill up the same : And such Oath being indorsed on the said Writ, or properly certified by the Authority administering the same, the Service thereof Thall be good and valid ; any Thing in this Aą to the contrary notwithstanding.
Provided allo, Thac this AÂ shall not extend to prohibit the Sheriffs, in Proviso.. their respective Counties, of deputing each other to ierve as Deputies in their
And be it further enuited by the Authority aforesaid, That all Writs and Pro
cessus that shall be fe ved or excused by any Deputy-Sheriff, not qualified as bale, &c.
aforesaid, shall be void and abae. Traveling
And that no Deputy-Sherif hall be allowed any more Fees for Travel to fies no more serve and return any Writ or Execution enan he duch actually travel to servo than actual and return the same ; any Ulage or Custom to the contrary notwithstanding.
ind that whenever any Sheriff or Contabie, by virtue of any Writ of Exe. cution, tha i ivize any Goods or Chattels to answer and satisty fuch Execunon,
and any Perion ihui appear to receive such Goods and Chartel, into his Care, cuipi.
and ihail give to such Oficer a 'Writing we'l executed by such Perfon, thereia expreffiag che Receipt of luch Goods and Chattels, and theieby promifing to se-Jeliver the name to such Officer, and tal tail of pertorming according y, and any Action shall be brought by luch SheriiF or Couitab.e, there shall be ao Ape pen, in duch w'ale allowed or granted.
And be it further enačied by be Aurberity aforesaid, That no Sheriff, Vader. Sheriff, Sheriffs-Deputy, or Coatt.ble shall be allowed to draw or find up any Wrii, Process, or Declaration in any Cale whatsoever, nor appear in any Cours as Attorney for and in behalf of any other Person or Persons whatever.
Ad if it shall appear in any Care, that the Writ, Process, or Declaration was ur hy theriffs
drawa or filled up by any Sheriff, Sheriff's-Depury, or Constable (their own & rohale,
Cafes only excepted) the famne shall abate, and be oismissed ; any Law, Usage, unicis, & v. or Custom to the contrary in any wise notwithstanding.
On theriff's fuiion re
An Act for regulating and inspecting the building of Ships and
other Vefsels. FORASMUCH as the building of Ships and other Vefsels, is or may be a Business
of great importance in this state' ; it is necessary inat jome juitable Provifren be made, that efectual Care be taken for the well performing the jame :
ali mbled, and by the Authority of the jame, That when and 10 often as any Sbipor Veilci 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 thali repair to une of the next Ailitants, or juftices of the Peace within the same County, who upun Request made, is hereby impowered to appoint and
authorize one or more able Ship. Wrights to be Overseers and Surveyors of the said Building, and of all the Materials and Workmanship in and about the Surveyors to fame, from Tune to time, as often as the Builder or Owner sees Cause to call be appointid iken thereto ; who are to take Care tñaç all the Materials be found, fufficient, besoie plank.
ing. and Suitable for the Occafon, and that the Work be done and performed strong, fubfaatiai, and according to the Rules of the Ship-Wrights Art.
And io di ect, and they are hereby impowered to order and direct, that all Their duty. . incufficien, detective Timber, Piank, and other Materials, and Workmanship be take i out, and amended. No Timber or Plank of Oak to be allowed, other thao White-Oak or Rock-Oak, (except for the Duck and Cieling of luch Ship or Velle)
Which Surveyors so appoin:ed, shall be sworn to be faithful and indifferent, To be sworni. between the Carpenter ar.d the Owner or Uwners.
That if any Builder or Carpenter upon Advice, Order and Direction of such Surveyor oi Surveyors, fhall neglect or retufe to reform and amend what is ji dged to be delèctive gramiss in any Materials or Work mantlip; every such Penalty ss. Builder or Carpenter mail forfeit and pay the fum of five Shillings per Diem" to per day for the Treaturer of that Toivo where luchi Vessel ihall be in buildinguntil such the advice of Defects, Infuficiencies, and Mil-doings shall be amended, being convicted of. furveyors. laco Refusal or Negiect before any one aliitant or Jattice of the Peace; unless Such Authority, on hearing of the Builder or Carpenter, thall lee cause to allow him fome further reasonabie Time for doing the farne ; atter which the Forfeiture to be as a forelaid, And if any Builder or Carpenter shall bring to, and fasten any
upon any Ship or Veffel of the Burden aforesaid, before a Warrant of Survey' be ob- Penalty ic! tained, as aforeiaid, and the Surveyor or Surveyors have been to view the
survey. Frame ; every such Builder or Carpenter offinding herein, shall forfeit and pay the Sum often Pounds ; one Moiety thereof to the Treasurer of the Slule, and the other Moiety to him or them that thall fue for and prosecute the same to. effect, by Blit, Paint or Information in any of the Courts of Record in this State.
And that when any Surveyor or Surveyors are called to survey the Work or Materials, in Manner atorelaid, they shall have for their Care and Pains, and
Surveyors Attendance when called, three Shillings for every Survey ; which Charge of allowance. Surveying shall be boru by the Builder when he is defective, but if he is not in Fault, then by the Owner or Owners; and in Case of Travel out of Town, the Surveyors to be further allowed for their Travel and necessary Charges.
An Act providing in Case of Sickness.
raken to pre
E it enacted by the Governor, Council and Representatives, in General Court spreading of Infection, when it shall happen ihat any person or Persons coming Persons come from Abroad, or from any Town or Place within this State, are visited, or ing from pla. have lately been visited with the Small Pox, or other contagious Sickness, or ces infected, that may juftly be suspected to have taken the Infection of any such Disease, &c. care to be which Infection may probably be communicated to others; the Select-men of fuch Town in which such Períons vilited with such Sickness, or fuspected to be infectious dir
vent spread of infected with such Disease are, thall, and they are bereby im powered, by War- eafes, &c. rant from two Affitants or Justices of the Peace, or for Want of iwo by any one, to take Care and make effectual Provision in the bett Manner they can, for the Prelervation of the Inhabitants from the Infection, by removing and placing luch fick or injected Person or Persons to and in a separate floute or Howies; and also to take. Care of the fick and infected Perluns, by providing of Nusies,