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and cause the same to be immediately erected or repaired, as the case may be; which fence-viewer may apply to any justice of the peace or warden in the town where the land lies, for a warrant to impress workmen and teams for the more speedy erecting or repairing of such fence, who is hereby empowered to grant the same; and the proprietor or possessor of said defective fence shall pay double the accustomed rates for such workmen and teams, and double the lawful fees to the fence-viewer for his time in viewing the same, to be recovered by the party aggrieved, if not above twenty dollars, before any two justices of the peace or wardens of the town, and if the charges and damages exceed twenty dollars, then at the

court of common pleas in the county. Water Sec. 4. And be it further enacted, That whenever any fences in two persons' lands shall lie together adjoining the water, tained. and each under improvement, the proprietors or posses

sors of such adjoining lands shall make and maintain a sufficient water fence, to prevent trespass of each other's cattle, to be made and maintained in the same manner as other partition fences are directed to be made by this

act. Partition Sec. 5. And be it further enacted, That in all cases fences by agree

where partition fences are erected, as the half part of the ment. dividing line between proprietors or possessors of adjoin

ing lands, or where the same may be hereafter erected by the agreement of the parties in interest or other lawful means, the proprietor or proprietors of the fences in either of the said cases erected, his or their heirs or assigns, shall hold and improve the same without molestation, and shall be for ever excused from making other half fence on such dividing line, in all cases whatever, except by the special agreement of such parties to the

contrary; and that all agreements which shall be made ments to hereafter relating to such partition fences, be registered

ord. in the town-clerk's office in the town where such lands

shall lie. One party Sec. 6. And be it further enacted, That where the whole,

han or more than one half of any dividing line, hath been or his share. shall be made by the proprietor or possessor of the land

on one side of the line, the proprietor or possessor of the land adjoining shall pay to the proprietor or possessor who made such fence, where he improves the land adjoining, the value of so much of the fence, erected as aforesaid, as the same may exceed one half of the fence

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on the whole line ; and in case of his refusal so to do, the value shall be ascertained by any one fence-viewer of the town where such land is situated, on application to him for that purpose, which fence-viewer, upon such application, shall forthwith cite the parties in interest on such dividing line at a convenient time to view the fence, ascertain the value of the whole, and award the one half of such sum against the proprietor or possessor so refusing, with cost, and divide the whole fence between such parties, and make report into the town-clerk's office; which division shall be permanent: and if any person or persons against whom report shall be made as aforesaid, shall refuse to pay the sum so reported, that said sumwith cost shall be recovered against such person or persons by action of debt, before any court proper to try the same.

Sec. 7. And be it further enacted, That whenever it Fenceshall become the duty of any fence-viewer to make or viewers

may purrepair the fence of any person against whom legal com-chase maplaint shall have been made, and there shall be a defi- terials. ciency of rails or other materials for making or repairing said fence, it shall be lawful for the fence-viewer to take from the land or possession of the person so refusing, so many rails or other materials as shall be necessary to complete such fence; and in case the person so refusing hath not, in the opinion of the fence-viewer, suitable stuff for said use, that the said fence-viewer shall purchase the . said stuff, and the person so refusing shall pay the expence thereof, to be recovered in the same manner as is by this act provided in other cases.

Sec. 8. And be it further enacted, That if any fence- Penalty on viewer to whom complaint shall be made against any fence

viewer for person for a breach of this act, shall neglect or refuse to neglect of do the duty by this act enjoined on him to do, such fence-duty. viewer, so refusing, shall forfeit and pay five dollars for every such neglect, to be recovered by any person who shall sue for the same, before any court of competent jurisdiction in the county where such fence-viewer shall live.

Sec. 9. And be it further enacted, That every fence-viewer Fence shall be allowed one dollar per day, and in proportion fees for half a day, and ten cents an hour for any less time, for viewing any fence, on complaint made to him for that purpose ; which fees shall be paid by the owner of the fence in case there shall appear to be good cause of complaint;

pence thereof, the person so poviewer shall'osun

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but if the person complaining hath no just cause of complaint, then the person so complaining shall pay the expence, to be recovered before any court proper to try the same.

to cut wood

1743.

An act to prevent Trespasses. No person SECTION 1. Be it enacted by the General Assembly, and by

the authority thereof it is enacted, That no person or persons without shall cut, fell, destroy or carry away any tree or trees, timleave, &c.

ber, wood or underwood whatever, standing, lying or growing on the land of any other person or persons, without leave from the owner or owners of such land, whereon such trees, timber, wood or underwood was standing, ly

ing or growing, on pain that every person so cutting, fellPenalty

ing, destroying or carrying away the same, or who shall be aiding or assisting therein, shall, for every such trespass, forfeit and pay to the party or parties injured or trespassed upon, the sum of sixty-six cents for every tree of one foot over; and for all trees of greater dimensions, three times the value thereof, besides sixty-six cents as aforesaid; and thirty-three cents for every tree or pole

under the dimensions of one foot diameter; and for the How re: wood or underwood, treble the value thereof; which sev

eral penalties, forfeitures and damages shall and may be recovered by action, bill, plaint or information, on conviction of the trespasser or trespassers, as is hereafter especially provided and enacted, before any court of justices of the peace in the county, if the penalty or damage exceed not the sum of twenty dollars, but if it be above that value, then before the court of common pleas in the

same county. Method of Sec. 2. And be it further enacted, That in case any dis

como pute shall arise, upon any action, bill, plaint or informa'offenders.

tion, brought as aforesaid, where the plaintiff, complainant or informer shall charge the defendant in trespass for cutting, felling, destroying or carrying away any particular tree or trees, parcels of timber, wood or underwood, off or from any such land as aforesaid, or of being aiding

or assisting therein, then and in such case, if the plaintiff, ant, &c. complainant or informer, or his agent or attorney shall may be make oath or affirmation, that there have been cut, felled,

destroyed or carried away, such and so many trees, par

covered.

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cels of wood or underwood, as mentioned in the writ, and that he suspects the defendant to have committed the said trespass, although the plaintiff, complainant or informer, or his agent or attorney, may not be able to produce any other evidence thereof than such circumstances as render it highly probable, in the judgment of the court of justices, or such other court before whom the trial is, then and in such case, unless the defendant shall acquit himself upon oath or affirmation, to be administered to him by Also, the the court of justices who shall try the cause, the plaintiff shall recover against the defendant, damages and costs; but if the defendant shall acquit himself upon oath or affirmation as aforesaid, the court or justices before whom the trial is, may and shall enter up judgment for the defendant to recover against the plaintiff double his costs, occasioned by such prosecution.

1719'41 49 '85 '96

'98 1800 An act establishing Auctioneers.

'03 '15 '18 Section 1. Be it enacted by the General Assembly, and by Towns

shall apthe authority thereof it is enacted, That every town within point "Luc this State, shall annually appoint one or more auctioneers, tioneers. who shall severally give bond to the town-treasurer of such w

" Who shall town, with sufficient surety or sureties, in a sum not ex-give bond. ceeding ten thousand dollars, nor less than two thousand dollars, at the discretion of the treasurer of the town, conditioned faithfully to execute the duties of his office according to law, and to pay over, when due, all monies to the several parties entitled thereto, and the duties due the State; which said auctioneers shall be sworn or affirm- And be ed to the faithful discharge of their respective offices :

Amos, sworn. and said auctioneers shall sell within their respective towns, all real and personal estate which shall be sold at Their duauction; excepting such sales at auction as shall be made ties. by the marshal of the district, or any sheriff or other officer, by virtue of their respective offices, or by any executor or administrator of the real or personal e: ate of their testators, or intestates, or by any guardian of the real or personal estate of his ward.

Sec. 2. And be it further enacted, That every auctioneer, Shall read before exposing any real or personal estate to public sale, the comedia shall make out in writing, and sign, and publicly read the sale. conditions of sale.

Town

terms.

Their fees. Sec. 3. And be it further enacted, That when the whole

amount of sales at any public auction doth not exceed four hundred dollars, the auctioneer shall have two and one half per cent. commissions; but if the amount ex

ceeds that sum, he shall have only one and an half per Proviso. cent.; provided that the towns of Newport, Providence

and Bristol, shall have power to establish such regulations for the conducting of sales and auctioneers' commissions in their respective towns as they may think necessary, any thing herein to the contrary notwithstanding.

Sec. 4. And be it further enacted, That the several towncouncils councils in this State may, from time to time, appoint so may ap- со point auc- many auctioneers for their respective towns, as they may tioneers. think proper, upon such terms and conditions, not ex

bat ceeding one quarter of one per cent. upon their sales for

the use of such town, as they shall prescribe; and may establish such regulations for the conducting of sales at auction, and ascertaining the rate of commission to be received by such auctioneers in tk vir respective towns, as they shall think expedient, in case the said towns omit

to prescribe the same. Penalty Sec. 5. And be it further enacted, That if any person shall ming of.

hereafter assume or exercise the office of an auctioneer

" fice of, &c. (except as above excepted) without being legally chosen

thereto, and without being duly qualified, he shall pay as a fine the sum of five hundred dollars, to be recovered by the town-treasurer, to and for the use of such town, by

action of debt. Bond how Sec. 6. And be it further enacted, That the bond aforesaid sued.

may be sued in the name of the town-treasurer by any Proviso. person or persons claiming a forfeiture thereon; provided

such person or persons shall give security for costs by endorsing the writ, or procuring some sufficient freeholder to endorse the same, who shall be liable to costs in

case the defendant recovers, and execution shall issue Judgment against him therefor: and judgment shall be rendered (in how rene case of forfeiture) for the penalty of the bond, and execudered.

tion shall issue for the sum equitably due, as is provided in cases where administration bonds are sued: and the like security for costs shall be given, and proceedings had, when scire facias is sued out upon said judgment

for an additional breach of said bond. Goods sold Sec. 7. And be it further enacted, That all goods, wares, at auction merchandizes and effects whatsoever, which shall at any July. time hereafter be exposed to sale at public auction, or

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