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of sale to be re

tion.

Proviso.

Amount, &c.. tificate of the appraisers and Trial Justice in all instances of estrays corded; record taken up, where the same shall be returned, and also the certificate

of such Trial Justice, of the amount and disposition of the funds 1839,XI,111,526.

arising therefrom; the same being entered in the book of estrays, which shall always be subject to the inspection of any person de

siring to examine the same free of charge. Compensation Sec. 8. As a compensation for keeping and maintaining estrays for keeping.

until the time of sale, it shall and may be lawful for the taker up, at his option, either to put them to moderate labor or use, if a horse, mare or' gelding, ass or mule, or to demand and receive therefor such a reasonable allowance as the Court or Trial Justice shall

judge adequate: Provided, always, That when any estray shall 1789, V, 138, 8 4; 1803, V, 466, 53. have been put to labor or use, the taker up shall be obliged to pro

duce it at the time of sale, unavoidable accidents excepted, in as good order and condition as it was in when appraised; and shall be liable to an action for damages by the owner of any such estray, for any abuse thereof, if the said owner shall claim the said estray

within the time prescribed in this Chapter. Unlawful for Sec. 9. If any person shall willfully suffer any stone-borse, above run at large ; fee the age of twenty months, to run at large in the woods, it shall be 1789, V, 139, 2 6. la

a lawful for any person to catch and geld such horse; and he shall

have a right to recover from the owner thereof two dollars and fifty

cents for so doing, any law to the contrary notwithstanding. Trial Justice Sec. 10. That if any Trial Justice or Clerk of Court, or person perform duties taking up any estray, shall refuse or neglect to perform the duties ter; penalty.” prescribed by this Chapter, each and every of them shall forfeit and Ib., 27.

pay the sum of twenty-five dollars, to be recovered and applied to the use of any person who shall inforni and sue for the same, and

shall moreover be liable in damages to the party aggrieved. : Penalty for Sec. 11. That each and every person who shall take into his or susby the her possession, any estray, and neglect to pursue the directions of

this Chapter, or shall convert to his or her use any such estray, 1803, V, 466, § 6.

shall be liable to a fine of twenty dollars, to be recovered, upon in. formation, in any Court of record having jurisdiction of the same, in this State, to be given to the informer; and shall also be liable to an action by the owner of any such estray, for damages.

stone horse to

for gelding.

and Clerk to perform duties under this Chap

not pursuing the provisions of this Chapter.

CHAPTER LXXII.

OF DRIFTED LUMBER AND TIMBER.

lumber.

SEC. 1. Penalties for taking up and selling drifted lumber and timber without accounting for same.

Penalties for

taking up and SECTION 1. That no person shall take up and sell any drifted selling "drifted lumber or timber, not the property of such person, without account.

1853, XII,294,24. ing for the same; and if any person shall take up and sell any drifted lumber or timber, without paying the proceeds to the owner on application, after deducting expenses, such person shall be liable to indictment as for a misdemeanor, and fined and imprisoned at the discretion of the Court.

CHAPTER LXXIII.

OF WRECKS AND SHIPWRECKED GOODS.

SEC.
1. Salvage allowed for saving ships,

goods, &c; amount to be fixed, in

what manner. 2. Trial Justices may employ aid to

save vessels in distress; to adjust salvage, &c.; pay of Trial Jus

tices. 3. Unclaimed stranded goods to be

taken into custody and delivered to County Treasurer, who shall

advertise the same, &c. 4. Entry into stranded vessels may

be repelled by force; penalty for carrying away saved goods.

SEC.
5. Felony to rob vessels that are in

distress or wrecked.
6. Penuity when goods are of small

value.
7. Trial Justices to issue warrants for

stolen goods; penalty for retain

ing.
8. Salvage allowed informer.
9. Goods unlawfully taken from ves-

sels may be seized and delivered
to owner; reward allowed; pen-

alty for offering for sale.
10. Persons assaulting others saving

vessels may be punished by
Court.

for saving ships,

goods, &c., amount to be fixed, in what

SECTION 1. That in case any person or persons not employed by Salvage allowed the master, mariners, or owners, or other persons lawfully authorized, for in the salvage of any ship or vessel, or the cargo or provision thereof, shall, in the absence of the master or mariners or owners, save any man

1783, IV, 551, 25. such ship, vessel, goods or effects, and cause the same to be carried, for the benefit of the owners, into any port, inlet or place of safety within this State, immediately giving notice thereof to a Trial Justice, such person or persons shall be entitled to a reasonable salvage for such services, to be paid by the master or owners of such vessel or goods; and in case of disagreement about the quantum of such salvage, the same to be adjusted by not less than two neighborirg Trial Justices, nor more than three.

may employ aid

in

distress;

to

&c.

Pay of Trial

Unclaimed stranded goods to be taken into custoly and de. livered to Coun.

who shall adverti e came, &c.

Trial Justices SEC. 2. That when any ship or vessel, or effects, shall be stranded to save vessels on any part of the coasts of this State, or upon any application of adjust" salvage, the commander of any ship or vessel stranded, to any Trial Justice,

such Trial Justice shall forthwith summon to his aid one other Trial Justice, and such Trial Justices are hereby required and empowered to give aid, and to employ proper persons for the saving such vessel in distress, or such vessels, goods, or effects, as shall be stranded or cast away, and also to examine persons upon oath, touching or concerning the same, or the salvage thereof, and to . adjust the quantum of such salvage, and distribute the same among

the persons concerned in the salvage, in case of disagreement

Trin, among the parties, or the said persons; and every such Trial Ju-tices. _ Justice, attending and acting for the preservation of any such Ib., 532, 6.

vessel, or goods, shall be paid three dollars per day for his trouble

out of the vessel, goods, or effects, saved by their care or discretion. Unclaimed Sec. 3. If any ship or yessel, goods or effects, shall be stranded,

do or cast on shore, and no person appears to claim the goods which f: shall be so saved, two or more neighboring Trial Justices shall take ver: the same into their custody or possession, and, as soon as may be,

give notice and a schedule, in writing, of the different articles, (such Ib., 28.

Justices keeping a copy thereof,) to the County Treasurer, and deliver safely all such goods and effects to the said Treasurer or bis order, who shall be responsible for the same, and who shall gire public notice thereof in the gazettes of this State, for at least eight months, if no claim should be made; and if such goods be not claimed within twelve months after such delivery to the County Treasurer as aforesaid, they are to be publicly sold, (or, if the goods be perishable, to be sold forth with,) and, after deducting reasonable chạrges, the residue shall be lodged in the County Treasury, for the use of the State, subject to the claim of the proprietor, his agent or attorney.

SEC. 4. That if any person or persons not empowered, shall enter, stranded ressed or try to enter, forcibly on board any ship or vessel stranded or cast

away, or in distress, or molest in the preservation thereof, he or Penalty for they may be repelled by force. And if any person or persons shall saved goods. * ay carry away, or secrete, any goods and effects saved as aforesaid,

such person or persons shall forfeit and pay treble the value, to be recovered by the owner of such goods, or his agent, in any Court of

competent jurisdiction in this State. Felony to rch SEC. 5. If any person or persons shall plunder, steal, take away, tress or wrecked. or destroy, any goods or merchandise, or other effects, from any

ship or vessel belonging to the Prince or public, or to any private subject, of any foreign nation in alliance or neutrality with the United States, or belonging to any citizen of this or any other of

Entry

into

by force.

carrying away

Ib., 29.

vessels in

die

of small value.

Trial Justice to issue search warrant for stolen

the United States, which shall be in distress, or which shall be wrecked, lost, stranded, or cast on shore in any part of this State, (whether any living creature be on board such vessel or not,) or shall make a hole or holes in the bottom of any ship or vessel in distress, or shall take away a pump, or willfully and unlawfully do any mischief tending to the loss of such ship or vessel, or shall Pennlov. take away any of the furniture, tackle, apparel, provision, or part 1w., 55.), 5 1. of such ship or vessel, such person or persons so offending shall be deemed guilty of felony.

SEC. 6. When goods or effects of small value that may be stranded, When goos ara shall be stolen, without circumstances of outrage or violence, the Ib 12 offender being convicted thereof, shall forfeit and pay treble the value, to be ascertained by two Trial Justices.

Sec. 7. It shall and may be lawful for any Trial Justice, on in- Tri formation, upon oath, of any part of a cargo or effects of any ves- ; sel lost or stranded on or near the seacoasts, being unlawfully con- goods. veyed or concealed, or of some cause or reasonable suspicion thereof, 10 issue his warrant for searching for such goods or effects, as in cases of stolen goods ; and, if the same be found in any house or other place, or in the possession of any person not legally authorized to have the same, and the person in whose possession the same shall be found shall not immediately, upon demand, deliver the Penalty for same to the owner or person lawfully authorized to receive them, he Tv., $ 3. or she shall forfeit and pay to the owner or owners of such goods, his or their agent or attorney, treble the value for such refusal.

SEC. 8. Any person discovering where any such goods are wrong- Salvage allowed fully bought, sold, or concealed, so that the owner, his agent or attorney, shall regain them, shall be entitled to a reasonable salvage, not exceeding twenty-five per cent. on the value, to be adjusted by the next neighboring Trial Justice, who is hereby required to adjust the same.

Sec. 9. If any person or persons shall offer or expose to sale any Conds unlaw. goods or effects whatsoever belonging to any ship or vessel lost, vessels may be stranded, or cast on shore, as aforesaid, and unlawfully taken away, ered to owner. or reasonably suspected to have been, then and in every such case it shall be lawful for the person or persons to whom the same shall be so offered for sale, or any Trial Justice, to stop and seize the said goods and effects; and if the person or persons who shall have offered the said goods and effects to sale, or some other person in his or her behalf, shall not, within ten days next after such seizure, make out to the satisfaction of such Trial Justice that they became honestly possessed of them, then the said goods and effects shall, by order of the said Trial Justice, be forthwith delivered over to and for the use of the owner thereof, on proof of his claim, and the

retaininy.

informer.

Ib.

fully taken from

seized and delir.

Penalty for offering for sale. O

Reward allowed. payment of a reasonable reward, not exceeding five per cent. on the

value, for such seizure, (to be ascertained by the said Trial Justice,) to the person who shall seize the same. And he, she or they who

offered such goods and effects for sale, as aforesaid, shall forfeit and Ib., 4.

pay to the owner or owners twice the value of such goods, to be

recovered according to law. Persons as: Sec. 10. If any Trial Justice or other person acting in the presaviny vessels servation or salvage of any vessel, goods or effects, sball be assaulted,

beaten or wounded, every person or persons so assaulting, beating, Ib., 552, 27.

or interrupting, shall, upon conviction thereof before the Court of Sessions, receive such punishment as the said Court, in their discretion, shall award.

saulting others

ray be punished

L by Court.

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CHAPTER LXXIV.

OF THE OBSERVANCE OF THE LORD'S DAY.

SEC.

| SEC. 1. Penalty for working on Sunday.

7. No servant to work on Sunday. 2. Penalty for selling goods on Sun)- 8. Penalty for offeuces against this day.

Chapter. 3. No ports or pastimes allowed on

9. Disposition of forfeitures and penalSunday.

ties.
4 Persons to attend meeting; penalty
for neglect.

| 10. Dressing meat and selling milk not 5. Vo person to travel on Sunday.

prohibited. 6. Yo rublic house to entertain guests 11. Offenders to be prosecuted within on Sunday, except lodgers and

ten days. strangers.

Penalty for SECTION 1. That no tradesman, artificer, workman, laborer, or working on Sun- other person whatsoever, shall do or exercise any worldly labor, 1691. I1, 69; 1712, business or work of their ordinary callings upon the Lord's Day, II, 396, § 2. 2 Bay, 232. (commonly called the Sabbath,) or any part thereof (works of neces

sity or charity only excepted;) and every person being of the age of fifteen years or upwards, offending in the premises shall, for every

such offence, forfeit the sum of one dollar. For selling SEC. 2. No person or persons wbatsvever shall publicly cry, show

forth, or expose to sale any wares, merchandise, fruit, herbs, goods or chattels whatsoever, upon the Lord's Day, or any part thereof, upon pain that every person so offending shall forfeit the same goods

so cried, or showed forth, or exposed to sale. No sports or Sec. 3. No public sports or pastimes, as bear-baiting, bull-baiting,

foot-ball playing, horse racing, interludes or common plays, or other games, exercises, sports or pastimes whatsoever, shall be used on the Lord's Day by any person or persons whatsoever; and every person

goods.

Ib., 396, 23. 2 Strob., 58.

pastimes allowed on Sunday.

[b., 397, 5.

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