at least three days' previous notice of such inspection and examination to the parties interested, and, after such inspection and examination, to make the valuation aforesaid, and return the same in writing, under their hands, to the Court. In case of dispute, trial to be SEC. 5. In case of such denial and affirmation, as aforesaid, the issue so made shall be submitted in a summary manner to a jury, by jury. and upon the finding of a jury, if the same shall be for the petitioners, Commissioners shall be appointed, and proceed as before directed; but if the jury find for the respondents or defendants, no appointment of Commissioners shall be made: Provided, That lowed. either party may move for a new trial; but not more than one new trial shall be allowed in any case on the same issue. New trial a' lb. Appeal to Court. from SEC. 6. Either party may appeal from the valuation and assessment made by the Commissioners to the Court at its next session Commissioners after such valuation and assessment, giving reasonable notice of such appeal to the other party, whereupon the Court shall cause a new valuation and assessment to be made by a jury, and their verdict shall be final and conclusive, unless a new trial be granted: Provided, That not more than one new trial shall be allowed in any such case of valuation and assessment. Upon the final determination, tered on, &c. SEC. 7. Upon the final determination of such valuation and assessment, either by the return of the Commissioners not appealed lard may leerfrom, or in case of appeal by the finding of a jury not appealed from, or upon a second finding after a new trial is granted, and upon payment of the amount of such valuation and assessment to the party entitled to receive the same, or upon tender and refusal thereof and payment of the same into Court, it shall be lawful for the corporation, at all times thereafter, by its officers and agents, to enter upon the land to which such valuation and assessment had peal. reference, for the purpose of making and constructing, maintaining and keeping in repair any such work, as aforesaid. In all cases of appeal, full costs shall be awarded. Costs on Ib. ap Rent to be paid members, for use of canal. 1b., 67, 23. SEC. 8. If any person owning land in or near any inland swamp, for the draining and improvement whereof any such corporation shall by persons not have been formed, not being a member of the same, or any tenant or agent of such person shall, for the purpose of draining, flowing, or in any manner using, benefiting or drawing profit from such land, make use of any canal, water-way, ditch, drain, dam, embankment, sluice, flood-gate, or other work made or constructed by such corporation, without the consent of the corporation, such owner or tenant shall be liable to pay to the corporation such reasonable rent therefor as they may demand, not exceeding onethird of the clear annual value of the land, including any addition thereto derived from the use of any such work as aforesaid. Terms on which adjoining Own SEC. 9. That if the owner of the land in or near any inland ers may become swamp, for the draining and improvement whereof any such corpo members. Ib. Lands iable for debts of corporation. Ib., 24. deemed of land for purposes of this Chapter. ration shall have been formed, desires to become a member of such corporation, instead of paying rent as above provided, he shall be at liberty to do so by paying his proportion of the expenses incurred by the company, with interest on the same. SEC. 10. All the lands drained and improved by any corporation formed as aforesaid, and owned by members of such corporation, shall be liable for the debts of the corporation, and if the land of any member of any such corporation shall be taken in execution and sold to satisfy any judgment or decree against the corporation, the person whose land shall have been so taken in execution and sold shall be entitled to receive as compensation therefor, by contribution from the other members of the corporation, the value thereof, and shall have the benefit of the lien of such judg ment or decree for enforcing the payment thereof, for which purpose such judgment or decree shall remain in full force and virtue. Who to be SEC. 11. Any person having a legal or equitable estate, in fee or owners for life, in land lying in any inland swamp, or in land through or upon which it may be necessary to make or construct any work for draining or improving any such swamp, (except mere trustees, without beneficial interest,) shall be deemed a proprietor or owner of such land, for the purposes of this Chapter, and in every case in which any such person shall be an infant, married woman, idiot or lunatic, the guardian of such infant, the husband of such married woman, and the committee of such idiot or luuatic, shall be deemed a proprietor or owner of such land, for the purposes of this Chapter: Provided, That such guardian, husband, or committee, shall apply, in a summary way, by petition to the Court of Probate, in behalf of their respective infants, wives, idiots or lunatics, for leave to become members of any corporation formed under this Chapter for draining and improving the swamp in which the lands of such infants, wives, idiots and lunatics, are situated, in respect of such lands, and the said Court shall have power to inquire into the propriety of granting such leave, and to make such order therein as may seem meet; and if the Court shall grant leave, it shall be lawful for the person who shall have presented the petition to be come a party to the articles of association for forming such corpo ration in respect of such land, and the same shall be as binding and effectual, to all intents and purposes, as if such person had been the actual proprietor of such land. Proviso. Ib., 568, 25. SEC. 12. Every swamp, except such as are commonly called river swamps, or river bottoms, or river margins, shall be deemed an inland swamp, for the purposes of this Chapter. Officers of cor poration, &c. Ib., SEC. 13. Every corporation formed under the provisions of this Chapter shall have a Chairman and a Secretary, and shall keep 16., § 7. regular minutes of its proceedings. When swamp or bottom lands Ib, 28. SEC. 14. Whenever two-thirds or more of the proprietors of the swamp or bottom lands lying on any river, creek, or other water to be deemed an course, owning not less than two-thirds of all such swamp or bot- inland swamp. tom, shall enter into written articles of agreement that such swamp or bottom shall be deemed and taken to be an inland swamp, and be subject to the provisions of this Chapter, such swamp or bottom shall thereupon be deemed and taken to be an inland swamp, and be subject to all the provisions of this Chapter, in the same manner as other inland swamps, and the owners thereof shall be invested with all the rights, powers and privileges as hereinbefore given to the owners of inland swamps, and shall be subject to the same conditions and obligations. SEC. 15. That where said inland swamp is owned to the amount of two thirds by one individual, he or she shall possess all the rights and powers conferred by this Chapter on the corporation aforesaid. When owner may have the rights of a cor15., 569, § 9. poration. may Corporations members. recover 1792, VIII, 175, SECTION 1. That all bodies corporate, in any Court in this State, may sue for, recover and receive, from their respective members, all arrears or other debts, dues and demands which now are, or hereafter may be, owing to them, in the like mode, manner and form as they 21. might sue for, recover and receive the same, from any indifferent person, who might not be one of their body; any law, usage or custom to the contrary thereof in anywise notwithstanding. Not to issue bills of credit. doing. 1814, VIII, 33, SEC. 2. That no body politic or corporate, within this State, shall be allowed to issue any bills of credit in the nature of a circulating Penalty for so medium, or other than such as answer the purpose of contracts, under the penalty of ten dollars for each and every dollar issued: 3. Provided, nevertheless, That this clause shall not be so construed as to affect the chartered rights of any banking institution within this Proviso. State, incorporated by an Act of the Legislature. 1 Spears, 474. TITLE XIV. OF THE INTERNAL POLICE OF THE STATE. CHAPTER LXVIII. Of the Maintenance of Bastard Children. LXX. Of Vagrants. LXXI. Of Estrays. LXXII. Of Drifted Lumber and Timber. LXXVI. Of Unclaimed Property Transported by Com- LXXVII. Of the Protection of Game. The reputed father of a bas SECTION 1. That if any woman be delivered of a bastard child after the birth thereof, give tard to maintain or children, and shall, at any time information to some Trial Justice of the County in which she it. 1795, V, 270, 12. 1; 1839, XI, 24, resides, or may be so delivered, and will declare, on oath, who is the N. & Mer, father of her child or children, it shall be the duty of such Trial 554, 203; 2 N. & McC., 425; 2 Justice to issue a warrant to apprehend and bring before him, or McC., 293; 2 C., 85. Strob, 152; 1 s. some other Trial Justice, the person so accused, who shall be obliged to enter into a recognizance, with two good and sufficient sureties, in the penal sum of three hundred dollars, conditioned for the annual payment of twenty-five dollars for the maintenance of the child until the age of twelve years, and so to save harmless the said County. Women who refuse to d. clare bastard to be to jail or give secu Ib. SEC. 2. When any woman, who is charged with having had a bastard child or children, shall be brought before a Trial Justice, who is father of and shall not voluntarily give such information, such Trial Justice committed may, on information thereof, and that such child is likely to become rity. a burden to the County, issue his warrant against such mother, requiring her to be brought before him, or the next Trial Justice, and declare who is the father, and, on her refusal so to declare, the Trial Justice aforesaid shall commit her to jail until she shall declare the same, or shall give security that the said bastard child shall not become chargeable to the County wherein she resides. a SEC. 3. Should the person accused evade or resist the warrant so issued, it shall be the duty of the Constable to return the same to the Clerk of the Court as other Sessions papers, with special note thereof, by way of return, on oath, whereupon a bill of indictment may be given out, and, if found, a bench warrant may issue; and, in case the accused shall be arrested on any warrant issued, and shall refuse to enter into such recognizance, he shall be committed to prison, there to remain until he shall enter into such recognizance. In case of derial by reputed father, jury to try the question; he be convictsecurity, &c. ed he shall give 436. Ib.; 1847, XI, SEC. 4. Should such person be unable to comply with the requisitions hereinbefore mentioned, or should he deny that he is the father of the said child or children, a jury shall be charged, in the Court of Sessions, to try the question whether the accused is or is not the father of such child or children; and on his acquittal he shall be discharged; or, if convicted, he shall be required to give the security or recognizance herein before required; and in default thereof, il, 275. shall be liable to execution, as are defendants convicted of misdemeanors: Provided, That, on the annual payment of the sum of twenty-five dollars, the executions, except as to costs, shall be stayed until another installment falls due. 14 Rich., 177; 11 Rich., 356; 3 case of twi s, recogni z nce to be for SEC. 5. If the birth be of twins, the recognizance or judgment shall be conditioned for the support of both the bastards, and for the payment of double the amounts required in the case of a sin- &e. gle child. support of both, 1795, V, 270, 21. 1 McM.. 338; 10 Rich., 361. |