Abbildungen der Seite
PDF
EPUB

Notice by Judges,

TO ONE OR MORE OF THE APPLICANTS OF THE APPEAL

To C. D and E. F.:

TAKE notice, that A. B. has appealed to us, the undersigned, three of the Judges of the Court of Common Pleas of the county of from the determination of the Commissioners of Highways, as contained in their order dated the - of, in the yearupon the application of yourselves and others, and that we shall meet at the house of in said town, on the day of instant, at noon, to hear and decide the

said appeal.

o'clock in the

Dated, &c., [as in Notice by Judges to the Commissioners of the Appeal.]

Decision of Judges upon the Appeal.

COUNTY, TOWN OF

SS.

day of

in the year

in the county of

WHEREAS, on the

of the town of

A. B.,

appealed to A. B.,

J. K., and L. M., three of the Judges of the Court of Common Pleas of said county, from the order and determination of the Commissioners of Highways of said town, bearing date the -day of- —, in the year -, copies of which said appeal and or

der are hereto annexed:

day of

in the

[ocr errors]

and

And after the expiration of sixty days from the making of the said order and determination of the said Commissioners of Highways, the said Judges appointed the time and place of the hearing of the said appeal to be on the year, at the house of in the said town of caused written notice of the said appeal, specifying therein that the said Judges would convene at the said time and place to hear the said appeal to be served on the said Commissioners, and upon E. F., an applicant for said order, at least eight days before the time and place of convening as aforesaid, in the manner prescribed and directed by the statute in such case made.

And the said Judges convened at the time and place mentioned in the said notice, to hear the proofs and allegations of the parties, and such proceedings were thereupon had, that having heard the said proofs and allegations, the said Judges thereupon adjudged and decided, and do adjudge and decide, that the order and determination of the Cominissioners of Highways aforesaid be, and the same hereby is reversed, [or, affirmed, as the case may be.]

In witness, &c., as in Notice by Judges to the Commissioners of the Appeal.]

A DOG, in the habit of attacking passers-by, is in law a nuisance which any one is free to remove, by killing or otherwise. In case of suit, the party killing him need not prove that he was obliged to kill him in self-defence.

Any one killing a harmless or inoffensive dog, is liable in dama ges to the owner; but in an action to recover damages for killing a dog, the opinions of witnesses as to its value are not admissible in evidence. The jury are the judges of the animal's value. Any dog in the habit of attacking, worrying or killing sheep, or other useful animals, may be killed by order of a magistrate.

The owner of a dog is liable for all damage the animal may do to another's cattle or other property.

The owner of a stray horse or horses, or other animal or animals, is liable in damages for all injuries it or they may do to others' property. Should the owner, for the sake of avoiding the payment of the damage, disclaim ownership, the animal or animals may be sold by order of a magistrate, and the damages paid, on application, by the supervisors.

Whenever a stray animal comes upon the premises of any party, the latter should give immediate notice of the same, in writing, to the Town Clerk. If this notice is not given within ten days of the arrival of the stray, the party can recover no compensation for the keeping of the animal. It is the duty of the Town Clerk to keep a record, open for public inspection, of all such notices. The Clerk's fee for entering the notice must be paid by the party pro. senting it. The latter has the right to detain the animal or ani. mals till all reasonable charges for keeping the same, together with the Clerk's fees, are paid. The Fence Viewers of the town are to decide upon the fairness of the charges. If, at the expira. tion of five months, no owner appear, or if he or they appear, and refuse or neglect to pay the charges, the party on whose premises the animal or animals have come, may sell the same to the highes bidder at public auction. Out of the proceeds of the sale, he may retain sufficient to pay his bill of charges; the remainder must be paid to the owner of the strays, if he demands the same; if not

demanded within twelve months of the time of sale, he loses all claim to the money, in which event the same must be paid to the Supervisor of the town within thirty days after the expiration of

the year.

Assessors and Commissioners of Highways are, by virtue of their offices, Fence Viewers of the town in which they have been elected.

Fence-Viewers' Certificate

UPON THE KILLING OF SHEEP BY DOGS.

COUNTY, TOWN OF

[ocr errors]

SS.

UPON the application of A. B., the owner of sheep alleged to have been killed by dogs, we, the undersigned, fence-viewers of the town of in the county of, having proceeded to inquire into the matter, and having viewed the sheep killed, and having also examined witnesses in relation thereto, do certify that we are satisfied that said sheep, three in number, were killed only by dogs, and in no other way. And we further certify, that the amount of damages sustained by the said A. B. thereby is dollars, and that the value of the sheep so killed was Given under our hands this

day of
A. D.

[blocks in formation]
[ocr errors]

dollars

in the year

Fence-Viewers.

Affidavit, upon Application to Supervisors,

FOR THE AMOUNT OF DAMAGES.

[blocks in formation]

A. B., of in said county, being duly sworn, saith, that he hath not been able to discover the owner or possessor of the dog by which the damages, certified in the annexed certificate of the fence-viewers of said town, has been done, (or, that he hath failed to recover the damages certified in the annexed certificate of the fence-viewers of said town, from the owner or possessor of the dog by which the same was done.) Sworn before me, this

day of

in the year

R. S. Justice of the Peace

To C. 1).

Notice to the Owner of a Dog

KILLING OR INJURING SHEEP.

You are hereby notified, that your black dog Towser has bitten [or, chased, or worried] my sheep, this - day of —, 18- and you are hereby required to kill said dog within forty-eight hours

Dated at

the Yours, &c.,

day of

18-.

A. B.

Order of a Justice that a dangerous Dog be killed.
-COUNTY, TOWN OF ——, SS.

-, on

WHEREAS, complaint has been this day made before me, by C E., of the town of, in the county of under oath, that a dog owned [or possessed] by G. H., of the said town of the day of, instant, attacked the said C. E., [or, attacked a horse in a carriage in which the said C. E. was riding; or, at tacked a horse on which the said C. E. was mounted,] while the said C. E. was peaceably travelling on the highway in said town: And I, the undersigned, Justice of the Peace, having given due notice of the said complaint to the said G. H., [and having heard im in relation thereto, if the fact be so,] and having inquired into the said complaint, and being satisfied of its truth, and that the said dog is dangerous, do hereby order the said G. II. to kill the aid dog immediately.

Given under my hand, this

day of 18-.
J. T., Justice of the Peace.

Fence-Viewers' Certificate of Damage done by Hogs.
-COUNTY, TOWN OF

SS.

in the afore

WE, the subscribers, Fence Viewers of the town of county of -, having been applied to by A. B., of said, to appraise the damages done by one white sow and six pigs, [or, other cattle, giving the number, kind, and description of beasts, as near as may be,] distrained by him doing damage on his lands, and having been to the place, and viewed and ascertained the dam. age, do certify the amount thereof to be dollars and cents, and that the fees for our services are dollars.

And a dispute having arisen between the said A. B, on the one part, and C. D. of the other part, touching the sufficiency of the fence along the easterly side of a field of Indian corn, which fence was shown to as by the said parties, and having heard the parties, and examined witnesses in relation thereto, we decide that the said fence is good and sufficient, [or, bad and insufficient.]

Given, &c, [as in Fence-Viewers Certificate upon the killing of Sheep by Dogs

Notice of Sale by Pound-Master

day

NOTICE is hereby given, that on the year - at o'clock in noon, I shall sell tion at the public pound, near the house of , one white sow and six pigs, which have doing damage, and impounded therefor, by A. B. day of 18

the

f, in the at public anc in the town of been distrained Dated at

O. II., Pound Master.

Notice to Town Clerk by Person keeping Strays.

To C. D., Town Clerk of the Town of ―: You will take notice, that on or about the day of, 18—, one black horse, of the age of six years, or thereabouts, and marked with a star in his forehead, strayed upon my enclosed land in the town of, and now remains thereupon; and that I reside in the said town of

Dated the

day of

[blocks in formation]

Notice of Sale where Stray is not redeemed.

PUBLIC NOTICE.

By virtue of the statute in such case made and provided, I shall expose to sale at public auction, to the highest bidder, on the day of

instant, [or, next,] at

o'clock in the

noon, at

the house of J. K., in one black horse of the age of six years, or thereabouts, marked with a star in his forehead, the same being a stray found upon my enclosed land in the town of remaining unredeemed according to law.

Dated the day of 18-.

Receipt of Supervisor.

and

[ocr errors]

A. B.

RECEIVER of A. B., dollars and cents, being the pro seeds of the sale of a stray black horse, after deducting therefrom the expenses of keeping, and the sale thereof,-said horse having been advertised and sold at public auction, by the said A. B., as 8 stray, according to the statute, on the day of 18-.

Dated

the

day of

18-.

H. F. Supervisor of the town of

« ZurückWeiter »