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382

Who to order
dogs to be
'killed,

Complaint

how and to

whom made.

recovered.

Sheep.

Be it further enacted, That when any Perfon or Perfons living in any Town in this State, fhall complain to any one of the Selectmen 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 fhall complain thereof to any one of the Sheep-mafters of the Flock, within the Limits whereof fuch Mischief is done, and fhall inform fuch Select-men or Sheepmafter what, and whofe Dog or Dogs they fufpe&t did faid Mifchief, fuch Select man or Sheep-master fhail confider what fuch Complainant fhall offer, and any other Matters he fhall think proper to convince him of the reasonableness or unreasonablenefs of fuch Sufpicion, and if he be satisfied there is great Reason for Sufpicion that the Dog or Dogs complained of have done the faid Mifchief, fuch Select-man or Sheep-mafter fhall give Sentence that fuch Dog or Dogs fhall be killed: After which it shall be lawful for any Perfon or Perfons to kill fuch Dog or Dogs.

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

Crovifo.

Killing and

concealing the marks of creatures, punishable, unless, &c.

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 Damages are done.

8. And whereas fome Perfons of evil Fame, fometimes ufe Means to conceal the Marks of Sheep and other Creatures they kill and drefs, which gives great Sufpicion of their felonioufly having taken the fame, to the great Damage of the Owners, &c.

any

Which to prevent :

Be it further enacted, That whenfoever any Perfon fhall be found killing or dreffing any Sheep, Cattle or Swine, and fhall wilfully deface of the Marks, whether natural or artificial, of such Creature, defignedly to conceal the fame: or fhall refufe to expofe them to the View of any credible Perfon when requested thereunto; in every such 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, fhall, and they are required to make Prefentment of fuch Offence to fome Court, Affiftant, or Justice of the Peace, who may cause fuch fufpected Perfon to be brought before him or them; and if upon Examination fuch fufpected Perfon 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 taking the fame, and fhall pay to the Treafurer of the

Sheep. Sheriffs.

Town where fuch Offence is committed, treble the Value of such
Creature fo killed, befides fuch Fine as the faid Court, Affiftant,
or Juftice fhall order, not exceeding Three Dollars and Thirty-four
Cents, or be publicly whipped, not exceeding fifteen Stripes.

383

Forfeitures to

9. And if fuch Perfon fhall within one Year after fuch Conviction, make it appear to the Satisfaction of the faid Authority, be returned in that he was the true and lawful Owner of fuch Creature fo killed, cafe, &c. he shall receive of faid Treasurer, by Order of faid Authority,the three-fold Damages, adjudged as aforesaid.

An Act in addition to an A&t, entitled an A&t, for or dering, restraining and preferving Sheep.

[ENACTED IN OCTOBER 1789.]

E it enacted by the Governor and Council, and Houfe of Reprefo

Bitinated by that court affemblea,

Owners of

ers of any Dog or Dogs, fhall be refponfible for all Damages, which Bogs liable
fuch Dog or Dogs may do, by wounding or deftroying Sheep, al- for damage
though fuch Owner or Owners may not have known fuch Dog
or Dogs to be accustomed to do fuch Mischief; and all fuch Dam-
ages may be recovered by Action of Trespass against fuch Owner
or Owners; any Law, Ufage, or Cuftom to the contrary notwith-
ftanding.

An Act for appointing Sheriffs, and for empowering and regulating them in the Execution of their Office.

500.

PAR. 1. BE E it enacted by the Governor and Council, and Houfe of 525. 534.

and

Council.

Reprefentatives, in General Court affembled, That Sheriff te be there fhall be a Sheriff, duly qualified to execute the Sheriff's appointed by Office in each of the Counties in this State, who shall from Time Governor and to Time, as there fhall be Occafion, be appointed by, and become bound before the Governor and Council, with two fufficient Sureties, Freeholders in this State, by a Recognizance in the Sum Bond to be of Three Thoufand Three Hundred and Thirty-four Dollars, to the given. Treasurer of the State, for the faithful Administration and Difcharge of faid Office, and for anfwering all fuch Damages as any

Perfon or Perfons shall sustain by any Unfaithfulness or Neglect Oath required

in the fame: And before he executes faid Office fhall 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 fhall thereupon receive a Warrant or Commission from the Governor, or in his Abfence the Lieutenant-Governor, expreffing him to be qualified as aforefaid, authorizing and empowering him to execute the faid Office. And every Perfon being fo appointed, qualified and empowered, fhall be accounted, lawful Sheriff of the County for which he is appointed; and fall

384

Sheriffs pow

er.

To conferve

the peace and fupprefs riots

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affiftance.

Sheriffs.

have full Power and Authority to ferve and execute all lawful Writs within their refpective Counties, to them directed, coming from lawful Authority: And fhall have and execute the Power and Office of Water-Bailiffs; which is hereby annexed to the Sheriffs Office.

2. And alfo fhall have full Power within their respective Counties, to conferve the Peace, and to fupprefs with Force and strong Hand, when the neceffity 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 be fore the next Affiftant, or Juftice of the Peace; who may, as the Cafe after Examination thereinto fhall require, bind over fuch Offenders to the next County Court in that County wherein the Offence is committed; which Court upon Conviction of fuch Offenders of the Breach of the Peace, in any of the Kinds aforefaid, fhall punish them, and every of them, by Fine or Imprisonment, at their Difcretion, as the Nature of the Offence fhall require.

3. That the Sheriffs aforefaid, fhall have full Power, at their To command 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 whofoever being of Age and Ability, and being fo commanded, fhall neglect or refuse 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 Thirty-four Dollars, to the Treasurer of faid County, and the Charges of Profecution.

Fines.

Conftables

like power.

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

5. 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 To raife mili- in cafe there be a Sufpicion that fuch great Oppofition will be tia in cafe, &c. made, fuch Sheriff is hereby authorized, by and with the Advice of one Affiftant and a Justice of the Peace, and of fuch other Affiftants and Juftices prefent, in cafe more are prefent, to raise the Militia of the County, or fo 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 the Law, entitled, An Act for preventing and punishing Riots and Rioters.

Militia to .bey.

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

7. And the Sheriffs shall not Return that they cannot do Execution.

8. That if any Commiffion Officer, or any Soldier fhall negleft or refufe to obey the Command of the Sheriff, under the Reg

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ulation aforefaid, and be thereof convicted before the County Court, fuch Officer fhall pay a Fine not exceeding Sixty Seven Penalty for Dollars, and every fuch Soldier fhall pay a Fine not exceeding refuting to obey theriffs. Ten Dollars, and the Charges which fhall arife, and Damages which fhall be fuftained upon fuch an Occasion, shall be paid and fatisfied out of the Eftates of him or them who are the Occafion of it: And in cafe no Eftate, or not fufficient to answer the faid Charges and Damages, can be found, it fhall be paid and fatisfied out of the County Treasury where fuch Cafe fhall happen.

Sheriff's to

9. And the Sheriff is hereby authorized to feize and difpofe of feize their a fufficiency of the Offender's Eftate, if to be found, to answer goods, &c. the Charges and Damages aforefaid.

10. And the Wages of fuch Officers, Soldiers, and other Per- Wages allow fons commanded to the Affiftance of the Sheriff, fhall be Eighty- ed, &c. four Cents, per Diem for Captain, Fifty Cents for a Lieutenant, and Thirty-four Cents, for each Centinel, and other Perfons employed

in fuch Service.

11. And the more effectually to oblige Sheriffs and Conflables to perform the Services of their Offices, and the better to regulate them

therein:

writs, &c.

Be it further enacted, That Sheriffs and Contables fhall receive all manner of Writs, in any Place and at all Times within their To receive Counties or Precincts, when and wherefoever they fhall be tendered to them, and fhall execute the fame, and make return thereof according to the Directions therein given.

12. And any Perfon may demand of the Sheriff or Conftable to whom he delivers any Writ, to give a Receipt thereof under Receipt to be his Hand, wherein the Names of the Parties, the Sum or Thing given, &c.

in Demand, the Date of the Writ, and of its Delivery fhall be contained, without taking any Thing therefor: And on his Refufal, others prefent may fet to their Hands as Witneffes to fuch Delivery.

13. And if fuch Sheriff or Conftable fhall not execute the Writ, or fhall neglect to make Return thereof, or fhall make a falie or undue Return; on Complaint thereof made to the Court or Justice, to which it was made returnable, the Court or Juftice may enquire thereof, by the Evidence produced, and if he be found in Default, the Court or Juftice 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 fuffered.

For neglects

fineable.

14. Which Procefs against fuch Sheriff or Conftable fhall be Procefs ferved ferved at least fourteen Days before the fitting of the Court where- fourteen days, in it is to be tried.

15. And that whenfoever any Sheriff or Constable shall be fued for not executing any Writ of Execution, delivered to him to be executed, there fhall be no Appeal allowed in any fuch Cafe. Provided, A Receipt in Writing be demanded or received of fuch Officer for such Writ of Execution at the Time of the Delivery thereof, as is herein before provided.

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&c.

No appeal.

Provifo.

386

Provifo.

appoint deputies.

Sheriffs.

Provided alfo, 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 undue Return of any Writ of Execution granted by fuch Affiftant or Juftice, on a Judgment for more than Seven Dollars, founded on the Confeffion of the Debtor; either of the Parties in fuch Complaint or Suit fhall have Liberty of an Appeal from the Judgment of fuch Affiftant or Juftice, to the next County Court in the fame County; any Thing before in this Act to the contrary notwithstanding.

16. Be it further enacted, That the refpective Sheriffs may conSheriffs may ftitute and empower Deputies to act under them provided however that the number of Deputy-Sheriffs, acting under the refpective Sheriffs of the feveral Counties refpectively 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 tho County of New-Haven not more than Eight; for the County of Number lim- New-London not more than Six; for the County of Fairfield not ited. more than Six; for the County of Windham not more than Six; for the County of Litchfield not more than Eight; for the Counof Tolland not more than Three.

Provifo.

Deputy-the

der oath.

Provife.

ty

Provided nevertheless, That the Sheriffs of their respectivo Counties, fhall have Liberty on fpecial Occafions, to depute any meet Person to serve and execute any particular Writ or Procefs; which Deputation fhall appear, entered on the Back of faid Writ or Procefs; any Thing in this Act to the contrary notwithstanding.

17. And it is further enacted, That no Perfon fhall be allowed riffs to be un- to ferve as Deputy-Sheriff, within this State, until he take the Oath by Law prefcribed for Deputy-Sheriffs, in the Table of Oaths. Provided nevertheless, That when any Person shall be deputed on fome fpecial Occafion, as aforefaid, to ferve a particular Writ, and after the Service thereof fhall make Oath before an Affiftant or Juftice of the Peace, that he faithfully and truly ferved the fame, according to his Indorsement thereon, and that he did not fill up the faid Writ, nor give any Direction to any Perion to fill up the fame : And fuch Oath being indorfed on the faid Writ, or properly certified by the Authority administering the fame, the Service thereof shall be good and valid; any Thing in this Act to the contrary notwithstanding.

Provito,

Writs to abate, &c.

Travelling

fees no more than actual

travel.

Provided alfo, That this A&t fhall not extend to prohibit the Sheriffs, in their refpective Counties, of deputing each other to ferve as Deputies in their respective Counties.

18. And be it further enacted, That all Writs and Proceffes that fhall be ferved or executed by any Deputy-Sheriff, not qualified

as aforefaid, fhall be void and abate.

19. And that no Deputy-Sheriff fhall 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 Usago or Custom to the contrary notwithstanding.

20. And that whenever any Sheriff or Conftable, by Virtue of any Writ of Execution, fhall feize any Goods or Chattels to an

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