to grant fuch Supply; fhall be, and the faid Select-men are hereby fully authorized and empowered to affefs the several Inhabitants of their faid Town, and make a Rate upon them, according to the Lift of the Polls and rateable Eftate of the faid Inhabitants, for raising such Sum or Sums as shall be neceffary for providing the feveral Things, and anfwering the feveral Matters aforesaid, or any of them; which Sum or Sums fo raised the said Select-men fhall be accountable for according to the Act, entitled, “An Ac for maintaining and fupporting 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 Selectmen or the major Part of them, and directed to, the Constable or Conftables, requiring him or them to gather the fame (which Warrant fuch Select-men are hereby authorized and empowered to grant, as aforefaid) fhall be a fufficient Warrant for fuch ConSelect-men's ftable or Conftables to collect fuch Rate: And they are hereby warrant fuffi required to obey and serve fuch Warrant; and therein fhall ob- cient, &c. ferve and follow the Directions of the Law relating to the gathering and collecting the State Rates: And when they have collect ed 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. 2. And in Cafe any fuch Constable shall not perform the Truft hereby committed unto him, he shall be accountable, and shall and may be proceeded against by Diftrefs, as is provided against Collectors of Rates, in the Law, entitled, "An Act providing for the collection and payment of Rates or Taxes: An A& for appointing and directing Commiffioners of Penalty fo neglect, WHEREAS there are great Quantities of meadow, mar fhy, and tow Lands or Grounds belonging to fundry Perfons in feveral Towns in Preamble this State, which are fpoiled by the overflowing of Waters: And alfo much fwampy and unprofitable 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 and enabled to remove fuch Obstructions, and dam and flow their Swamps, and other unprofitable Grounds, thereby to bring them under profitable Improvement: PAR. 1. BE it enacted by the Governor and Council, and Houfe of Reprefentatives, in General Court affembled, That it fhall be in the Power of the Governor and Council, for the Governer and Time being, from Time to Time, upon Request to them made by council to the major Part of the Proprietors of any fuch Lands, to grant Com- grant commifă miffions of Sewers, to fuch and fo many able and difcreet Perfons, tions, &c. as to them shall feem meet, for the clearing and removing of the Bb b 378 Commiffion ers to be fworn. Sewers. Banks and Obftructions 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 marfhy and flat Lands; which Commiffions fhall be figned by the Governor: And by the faid Commiffions, the Commiffioners fhall be empowered to do the Service aforefaid, and to employ Work-men and Labourers for fuch reasonable Wages as may be agreed on for the effecting the Premifes: 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 Perfons as fhall by faid Commiffioners be appointed to receive it; with Power to diftrain all such Perfons as fhall neglect or refufe to make Payment of his, her or their Parts or Proportion fet and affeffed as aforefaid, in fuch 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 Betruftment, with Reference to the Premises. 2. And the faid Commiffioners fhall be fworn to a faithful Dif charge of their Truft, and shall receive fuch Salaries out of the faid Affelfments for their Time and Expences, touching the Premifes, as the Governor and Council fhall appoint; unto whom the faid Commiffioners fhall be accountable when thereunto required, 3. And if any Proprietor of any fuch Lands fhall be unable, Charges how or otherwife neglect to pay his, her or their Proportion of the faid paid. Rates or Affeffments, it fhall and may be lawful to and for the other Proprietors concerned therein, to pay the faid Affeffments, and to hold the faid Lands of the Perfon, neglecting or refufing as aforelaid, until the Profits of those Perfons Lands may be fufficient to reimburse them, according to the Judgment of the Commiflioners. Provife. 4. 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 Pursuance of this Act, to appeal or complain unto the Governor and Council for Relief. 5. And forafmuch as the Ditches, Drains and Dams made by the Commiffioners aforefaid, will be likely to fill up, or get out of Repair, it will be needful that they be frequently fcoured or repaired: Therefore, Be it further enacted, That the Proprietors of fuch marshy, wet Proprietors to or drained Lands, after the faid Commiffioners have dammed, ditched or drained the fame, may meet and affemble together from Time to Time, as there fhall be Occasion: Which Meeting fhall be warned as follows, viz. Bet, &c. 6. When and fo often as any three of faid Proprietors, fhall judge a Proprietors Meeting accellary for the Purposes hereafter mentioned, they may apply to the next Affiftant or Juftice of the Meeting how Peace, who thereupon is hereby empowered to iffue forth his Pre- called. cept to fome meet Perfon, to warn all the Proprietors of fuch Lands, to meet at fuch Time and Place, and for fuch Bufinefs as fhall be therein appointed and declared; and the Person 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 be fore fuch Meeting: And the said Meeting being so warned and affembled, fhall be a lawful Meeting. when met. 7. And at any, and every of fuch Meetings, as there fhall be Occafion, the faid Proprietors, by their major Votes, to be compu, Their power ted according to their Interest in fuch Lands, may choose a Clerk, and business who fhall be fworn to make true Entries of all fuch Votes as fhall 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 empowered to choose, confifting of two or three Men, who may state and fet out to each Proprietor his Part or Proportion of fuch Dam, Ditch or Ditches: to be computed and done according to his Interest in fuch Lands: Which Committee fhall 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. 8. And each Proprietor, his Heirs and Affigns, fhall ever after fufficiently clear and keep open, and in Repair, his Part of fuch Dams, Ditches and Drains, ftated and fet out to him as aforefaid. Always provided, The Proprietors may, at any Time afterwards, aufe a new Stating of the fame, as they fhall fee Occafion. 9. And the more effectually to oblige the faid Proprietors to do the fame, It is further enacted, That the faid Proprietors fhall be, and are hereby empowered to choose two or more Perfons among themfelves, to be Scavengers for the clearing up or keeping in Repair fuch Dams, Drains and Sewers: Which Scavengers fhall be chofen and appointed once in two Years; and fhall take the Oath by Law provided. Each proprie tor to do his part. Provifo. To choofe fcavengers 10. And if any Perfon or Perfons, lawfully chofen to said Office of Scavenger, fhall refufe or neglect to take fuch Oath, being Penalty for required thereunto by a Citation from an Affiftant or Juftice of refusal to serve the Peace; fuch Perfon or Perfons fhall each of them pay a Fine of Three Dollars and Thirty Four Cents 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 such Assistant or Juftice. 11. And the Proprietors aforefaid, fhall proceed to choose oth- Others to be. er Perfon or Perfons Scavengers, in the Room of fuch as have chofen. refused as aforefaid; and fo toties quoties. 12. And the faid Scavengers fhall, from Time to Time, dili gently inspect the Dams, Drains and Ditches, and fee that they 380 Scavengers duty. Sewers. 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 if any 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 empowered 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 Refufal or neglect of Payment thercof, for the Space of ten Days after an Account thereof prefented, and Demand thereof made; fuch Coft and Charges fhall be levied by Distress, and Sale of the Offender's Goods, by Warrant from an Affiftant or Juftice of the Peace. 13. And for Want of Goods or perfonal Eftate, the Officer Lands liable, fhall deliver to the Scavenger, fo much of the Lands of the Perfon deficient as will answer the fame, with additional Cofts, by a reasonable Extent. &c. Provifo, Pravila 14. Always provided, That if any Proprietor thinks himself aggrieved with the Account of the Scavengers, he may, at his own Coft, within the said ten Days, make Application to the Selectmen of the fame Town wherein the Land lieth, who being no ways Parties to the Controverfy, fhall anew appraise the Coft of fuch repairing, and the Party deficient fhall pay double Coft according to their Appraifment, to be recovered as aforefaid. 15. Provided alfo, That when the Proprietors of fuch Lands fhall judge that the clearing of faid Ditches and Drains, or repairing faid Dams may be more cafily and more effectually performed in a general Way and Manner, and fhall 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 empowered, to employ Perfons to do the fame, and to affefs the Proprietors therefor, and levy the fame in the fame Manner as they are by this Act enabled to do in the firft making of faid Dams, Ditches, and Drains; any Thing in this Act contained to the contrary notwithstanding. 16 And be it further enacted, That if any Perfon or Perfons, without Liberty of the Proprietors first had or obtained, fhall fet any Fence, Hedge, or other Incumberance, on the Bank of fuch Drain or Drains, to the annoyance and incumbrance of it, or to make the clearing up and keeping the fame in good Repair more common nu- difficult, it fhall be lawful for the Scavengers to remove the fame Any perfon inoumbring drains, &c. fance. as a common Nufance. Sheep. An Act for ordering, restraining, and preferving Sheep. PAR. 1. BE it enacted by the Governor and Council, and Houfe 381 533 Owners of sheep to meet of Reprefentatives, in General Court affembled, That the Owners of Sheep in any Town in this State, or the major Part of them, fhall be allowed and empowered, and they are here- &c. by allowed and empowered 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 Season of the Year as they fhall determine. 2. And the Owners of the Sheep of every fuch Flock, are empowered to meet together in their Limits, and in fuch Meeting To choose a by their major Vote, according to their Intereft, to be computed clerk, &c. according to the number of Sheep each Voter hath, to choose their Clerk, who shall be sworn to make true Entries of all fuch Votes and Acts as shall be made by faid Owners of Sheep: And alfo to choose Sheep-Mafters 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 destroyed by Dogs. 3. And if any Sheep fhall go at Large on the Common without a Keeper, in any Town in this State, fuch Sheep may be ta- &c. liable to Sheep at large ken up and impounded by any Perfon finding the fame; unlefs be impoun any Town hall agree and order to the contrary within their own ded. Precincts, refpecting their Sheep. 4. And whereas it is practiced in fome of the Towns in this State, by fome particular Inhabitants, to turn large Flocks of Sheep on the Highways, with a Keeper, and thereby eat up and destroy the Herbage therein, to the great Detriment of the poor Inhabitants of fuch Towns: Which to prevent : and conup Be it further enacted, That no particular Perfon in any Town in this State, fhall for the future, turn any Flock of Sheep on the No perfon to Highways with a Keeper, of more than Fifty, to eat turn a flock of more than fume the Herbage therein, without Liberty first had and obtained 50 sheep on from fuch Town, or the Proprietors thereof, on Pain that every the common Offender shall forfeit and pay the Sum of Three Dollars and Thir- with a keeper. ty-four Cents for every fuch Offence, to him or them who will fue for and profecute the fame to effect. ftrained. 5. 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 restraining of Rams and fecuring the Sheep from be- Rams reing deftroyed by Dogs, as the Owners of Sheep have that live within the Limits of any Flock, as aforefaid. And no Damage ed. fhall be recovered against any Perfon for killing any Dog or Dogs, according to the Orders of fuch Town or Owners of any Flock. 6. And the more effectually to prevent Mischief being done by Dogs to Sheep and Cattle in this State, Dogs deftroy |
