Supplement. Approved March 18, 1851. (Pam. 425.)

32. The first, second, third, fourth, fifth, sixth, seventh, and eighth sections of the act to which this is a supplement, and the first section of the supplement thereto, approved March sixth, eighteen hundred and fifty, be, and the same are hereby extended to the township of Green, in the county of Sussex, anything in the said act to the contrary in anywise notwithstanding.

By a supplement approved March eighteenth, eighteen hundred and fifty nine, (Pam. 497), the supplement of eighteen hundred and fifty one is repealed, except that the fourth and fifth sections of the original act of eighteen hundred and forty-six (above) extend to, and are in force in the township of Green, in the county of Sussex.

Supplement. Approved March 24, 1852. (Pam. 384.)

33. SEC. 1. Every person who shall keep or harbor a dog or bitch, shall be taxed yearly and every year, for each and every dog or bitch so harbored or kept, the sum hereinafter provided for, which tax shall be assessed and collected by the assessors and collectors appointed for the assessing and collecting of the state, county, or township taxes, in the several townships in the counties of Somerset, Morris, Monmouth, and Essex, except the city of Newark, and the townships of Belleville, Elizabeth, and Union, in the said county of Essex, in the same manner and at the same time as other annual taxes raised for state, county, or township purposes are assessed and collected; and the same fees shall be allowed the said assessor and collector as are allowed for assessing and collecting the state, county, or township tax; and the assessors and collectors shall be subject to the same fines and penalties for neglect of duty as are prescribed in the act, to which this is a supplement.

34. SEC. 2. Every inhabitant who shall refuse wilfully, or neglect to deliver to the said assessor, when by him required, a true account of the number of dogs or bitches made taxable by the act, to which this is a supplement, and owned or harbored by him, her, or them, as aforesaid, he, she, or they shall, for every such refusal or neglect, forfeit and pay the sum of five dollars, to be recovered in an action of debt, with costs of suit, by the collector of the township wherein such offence shall have been committed, and for the benefit of the township.

35. SEC. 3. It shall and may be lawful, and it shall be the duty of the assessors of the several townships in this state, except in such townships or county as are exempted in the act to which this is a supplement, to set down, on a separate column on their several duplicates, opposite the name of each person or persons, the number of dogs or bitches which he, she, or they may own or harbor on his, her, or their premises at the time of making their several annual assessments, and *make a return of the same to the township committee [*17 of the several townships in this state, at their meeting on the first Monday of October, in each and every year, before said duplicate is delivered to the collectors of said townships.

36. SEC. 4. Any person or persons having sustained any damage by dog or dogs, bitch or bitches, to them unknown, in said townships, shall proceed to have the damage appraised according to the act, to which this is a supplement; he, she, or they shall present said certificate to the aforesaid township committee, under the same regulation and requirements as are provided in the act, to which this is a supplement, on the first Monday of October, in each and every year; and the said committee, after having received said bills up to that day, shall consider their amount as to the amount of damage done for that year, and shall be the amount to be assessed on the number of dogs in said township, as returned by the said assessor.

37. SEC. 5. The said township committee, after having ascertained the amount of damage done, and the number of dogs and bitches in said township, shall have power to levy such amount of tax on each and every owner or harborer of said dogs or bitches as shall be sufficient to pay the whole amount of damage done to sheep in said township, together with the expenses of assessing and collecting

the same; and whatever the amount of damage is found to be, shall be apportioned on the number of dogs and bitches so returned as aforesaid, and that amount shall be the dog tax for that year; and the said township committee or assessor shall enter in his duplicate, opposite the name of such person or persons as he shall have assessed, the amount as directed by the township committee as dog tax for that year, and no more.

38. SEC. 6. The said township collectors shall be empowered to collect the said tax in the same manner as is directed by the act, to which this is a supplement: Provided always, that nothing herein contained shall extend to cases wherein a recovery of damages can be obtained of the owner or owners of such dog or dogs, bitch or bitches, as shall have committed the injury.

39. SEC. 7. The first, second, and fifth sections of the act, to which this is a supplement, so far as relates to the counties of Somerset, Morris, Monmouth, and that part of Essex included in the first section of this act, shall be, and the same are hereby repealed.

40. By a supplement (1853) the act for the preservation of sheep was repealed, so far as relates to the township of Frelinghuysen, in the county of Warren.

By a supplement (1853, Pamph. 368), the provisions of the supplement of 1852 (above 29 to 35), were extended to the township of Tewksbury, in the county of Hunterdon, and all acts inconsistent therewith repealed.

By a supplement (1854) the act for the preservation of sheep was repealed, so far as it applies to the township of Hardwick, in Warren county.

By a supplement (1860, Pam. 193), the act was extended to the township of Franklin, in the county of Warren.

By a supplement of March 6, 1862, the act of 1846 is extended to the township of Piscataway, and the counties of Ocean and Sussex.

By a supplement of February 16, 1863, the provisions of the supplement of 1852 are extended to the township of Readington, county of Hunterdon. By a supplement of March 14, 1863, it was extended to the township of Washington in the county of Mercer, and the township of Lebanon in the county of Hunterdon. By a supplement of March 29, 1865, it was extended to the township of East Windsor in the county of Mercer. By a supplement of March 26, 1866, it was extended to the township of Union in the county of Hunterdon, and Hamilton in the county of Mercer. By a supplement, approved April 9, 1867, it was extended to the township of Millstone. By a supplement of March 3, 1868, it is extended to township of Franklin, county of Hunterdon.

A further supplement. Approved March 19, 1857. (Pam. 307.)

41. SEC. 1. No certificate of appraisement of damage, under the provisions of the fourth section of the supplement to the above entitled act, approved March twenty-fourth, eighteen hundred and fifty-two, shall be received by the township committee of any township in the county of Morris, as provided in said section, unless the same shall have been first verified by the oaths or affirmations of the said appraisers, and of the person or persons claiming to have sustained damage, respectively, taken in writing before some person authorized by law to administer an oath in this state, and which oaths or affirmations shall state that such damages, so appraised and certified by said appraisers, were to the amount mentioned in such certificate, which oaths or affirmations shall be duly filed and preserved by said township committee among the papers of the said township.

42. SEC. 2. The amount of damages so certified and appraised shall in no case exceed the sum of four dollars for each sheep or lamb killed or wounded.

43. SEC. 3. If any person making such oath or affirmation, as is provided in the first section of this act, shall falsely, wilfully, and corruptly affirm or declare therein any matter or thing which, if the same had been sworn or deposed in the usual form, would have amounted to wilful and corrupt perjury, then such person so offending shall be deemed and adjudged to be guilty of wilful and corrupt perjury, and on being convicted thereof shall be punished accordingly.

A further supplement to the act entitled "An Act for the preservation of sheep," approved April 14, 1846. Approved March 24, 1863.

43 b. SEC. 1. The appraisement of damages for sheep or lambs killed or wounded by a dog or dogs, made by two freeholders, as authorized and directed by the act to which this is a supplement, and the supplements to said act, shall be verified to be just and true by the oath or affirmation of the freeholders making the appraisement, and also by the oath or affirmation of the claimant, and the damages which shall be allowed for the killing or wounding of any sheep or lamb shall be the real, true, and actual value of the sheep or lamb so killed or wounded, but if any sheep or lamb be only wounded, and not fatally injured, then the damage to be allowed for such wounded sheep or lamb shall not be more than a compensation for the injury actually done to such sheep or lamb.

SEC. 2. That all acts and parts of acts inconsistent with this act be and the same are hereby repealed, and that this act shall take effect immediately.

An Act for preventing injuries to the breed of horses. Passed the 15th of March, 1798. (R. S. 16.)

44. No person shall suffer a stone-horse of the age of eighteen months, whereof he is owner, or hath the keeping, to run at large out of the enclosed ground of the owner or keeper; and whosoever shall wilfully or negligently do so, after having notice thereof, and been admonished to confine such horse, shall forfeit and pay the sum of ten dollars, to be recovered by any person, who shall sue for the same, in an action of debt, with costs of suit, in any court having cognizance thereof. An Act for the preservation of muskrat fur. Passed the 21st of January, 1829. (R. S. 15.) 45. SEC. 1. It shall not be lawful, after the passing of this act, for any person to catch, shoot, trap, or in any way kill, any muskrat or muskrats in this state, between the twentieth day of April and the first day of December, in every year, except such muskrat or muskrats be so caught, shot, trapped, or killed on the *banks cast up to prevent the flooding of low lands, or mill or forge dams, and the land thus embanked.

[*18

46. SEC. 2. Any person or persons violating this law, shall be liable to a penalty of four dollars for every muskrat so caught, shot, trapped, or killed, to be recovered by action of debt, with costs of suit, in any court of competent jurisdiction, by any person being an inhabitant of the state, in the name of the state of New Jersey; the one half to go to the person prosecuting, and the remaining half to and for the support of the poor of the township where the offence was committed.

An Act concerning rams.

Passed the 31st of May, 1799. (R. S. 17.)

47. SEC. 1. From and after the twentieth day of August, until the first day of November, in every year, no ram shall be permitted to go at large out of the enclosure of his owner; but every ram shall, during the said period, be confined and kept within some enclosed pasture field or ground, secured by a fence so close and high as not to admit sheep to pass the same.

48. SEC. 2. If, during the said period, any ram shall go over or break through the fence or enclosure of his owner, or shall trespass upon the enclosure of any other person, or shall run at large out of such enclosed pasture field or ground of the owner, it shall and may be lawful for any person to take the said ram and castrate him; or such person may impound the said ram, for which the owner shall pay fifty cents.

An Act concerning trespasses by swine. Passed the 15th of March, 1798. (R. S. 17.) 49. SEC. 1. It shall and may be lawful for any freeholder within this state, his servant or tenant, finding swine trespassing on his or her enclosed land, to kill such swine, and inform the owner thereof, if easily to be found, and if no owner can be so found, or, if found, shall not appear and take such swine away, then the person injured shall, within fifteen hours after such killing, give notice to the

overseers or overseer of the poor of the township, who shall dispose of such swine for the use of the poor of the township, where the same was killed.

50. SEC. 2. If any such person as aforesaid shall find swine trespassing on his or her land, for which he or she shall pay taxes, whether the same be enclosed or not, and do not choose to kill such swine, as in the preceding section is allowed and directed, then such person may take and put such swine into his or her yard or other enclosure, and give notice to the owner, if easily to be found, who shall pay double damages to the person injured, to be appraised and certified in writing. by two reputable freeholders, to be chosen by the parties; and if the owner of such swine shall refuse or neglect, for twenty-four hours after notice, to choose one of the said appraisers, or if such owner cannot easily be found, then the person injured may choose them both himself; and in case the appraisers so chosen cannot agree in the appraisement to be made, then the said appraisers may choose a third person to join them therein, any two of whom agreeing, their appraisement, made and certified as aforesaid, shall be binding and conclusive, and double the sum so appraised shall and may be recovered by action of debt, with costs of suit, in any court where the same may be cognizable.

51. SEC. 3. If inquiry be made, and no owner appears and pays the damages, so as aforesaid appraised, within three days after such appraisement, it shall and may be lawful for the person injured to set up advertisements, at three of the most public places next adjacent to where the trespass was committed, describing the number of the said swine, and the natural or artificial marks thereon; and if no owner shall appear within two weeks from the date of such advertisement, and pay the damage, and also the expense of keeping, to be appraised as aforesaid, then it shall and may be lawful for the overseers or overseer of the poor of the township, where the said trespass was committed, to sell the said swine, so advertised as aforesaid, at public vendue, and after paying the damage and expense of keeping, and retaining fifty cents for his or their attendance on the sale and *19] collecting the money, to apply the overplus, if any there be, to the use of the poor of the said township.

An Act to prevent swine from running at large in this state. Approved March 18, 1852. (Pam. 230.)

52. SEC. 1. It shall and may be lawful for the inhabitants of any township or ward in this state, at their annual town meeting, to vote, viva voce or by ballot, whether swine shall be permitted to run at large in said township; and if a majority of the voters voting thereupon shall vote to prevent the same, such determination shall continue in force and shall not be altered for the term of three years.

53. SEC. 2. It shall be lawful for the inhabitants of a part of any township or townships in this state, of an area not less than one square mile in extent, wishing to come under the provisions of this act (if there be no special law on this subject in force relative to such township or townships), to meet at some convenient place within the said district, upon ten days' previous notice, given by advertisements set up in three of the most public places in said district; and if a majority of the legal voters actually resident at the time of such meeting within the said district, then and there assembled, shall vote in favor of preventing swine from running at large within said district, the provisions of this act shall have full force and effect within the said district.

54. SEC. 3. It shall and may be lawful for any person, who is a resident of the said township or district, respectively, to drive or convey to the public pound of the township any swine found running at large in the public streets, highways, or otherwise, and impound the same; and the keeper or keepers of the public pounds in said township is, or are hereby required and authorized to receive all such swine; and the keeper shall have twenty-five cents, per head, for letting in and out of the pound, and for feeding and keeping, five cents, per head, for every twenty-four hours they shall continue in said pound; and if the owner or owners of the said swine, so impounded, shall not pay the charges of impounding and

keeping the said swine within six days after said swine shall be impounded, and take the same away, it shall be the duty of the said poundkeeper to set up advertisements in three of the most public places in said township or district, describing such swine, and giving at least ten days' notice of an intended day and place of sale; and if the owner or owners of such swine do not appear and redeem the same before the time so notified, then the said poundkeeper shall sell the same accordingly, and, out of the money arising from such sale, shall pay the charges. of conveying to the pound, and retain in his hands his fees for impounding, keeping, and feeding said swine, and twenty-five cents for advertising sale and collecting the money for each swine, and pay the surplus to the owner or owners of the said swine, if they shall appear and claim such surplus within six months after such sale; and if the owner shall not appear within the time specified, the same shall be paid to the overseer of the poor of the said township, for the use of the poor of the said township.

55. SEC. 4. It shall and may be lawful for the inhabitants of any town, village, or district, coming under the provisions of this act, to elect one or more poundkeepers, who shall be residents for the time being of said town, village, or district, to erect, or cause to be erected, a public pound or other enclosure, at the expense of the townships or districts, respectively, for the safe keeping of swine found running at large as aforesaid.

56. Special acts have been passed to prohibit swine from running at large in Mount Holly (Acts of 1849, p. 20), Medford, Lower and Upper Rahway, and Leeville (1849, p. 170), Bridgeton and Haddonfield (1849, p. 246), Lumberton (1850, p. 159), Carpenter's Landing, Bridgeport, Swedesboro', Woodbury, Columbus, Moorestown, Hoboken,.Van Vorst, Freehold, Turkey, New Egypt, Gloucester City, Woodstown, Morristown (1850, p. 300), Glassboro' (1851, p. 94), Rancocas (1851, p. 95), Boonton and Vincentown, Allentown (1851, p. 459), and also horses, sheep, and cattle, Hackensack and Harrington (1852, p. 24), *New Barbadoes (1853, p. 137), Union in Bergen (1854, p. 363), Belleville in Essex county, Piscataway and North Brunswick, in Middlesex county, and Franklin in Bergen (1855, chap. 145).

[*20

Horses, &c., in Tuckerton, Burlington county (1857, p. 192). Swine in Paulsborough, county of Gloucester (1857, p. 196). Horses, cattle, sheep, and swine, township of Mannington, in the county of Salem, Plainfield, in the county of Union, township of Morris, in the county of Morris, township of Piscataway, in the county of Middlesex, part of township of Warren, in the county of Somerset (1860, p. 191), part of the township of Pequannock, in the county of Morris (1860, p. 675), township of Springfield, in the county of Union (1859, p. 458), township of Hamilton, in the county of Mercer, and the village of Blackwoodtown, in the county of Camden (1857, p. 470), village of Plainfield and township of Hoboken (1858, p. 160). Horses, cattle, and swine, in the townships of Harrison, Woolwich, and Deptford, in the county of Gloucester, and Pittsgrove, in the county of Salem (Act of March 1, 1861).

Cattle, horses, &c., in townships of Clinton, Rahway, Chester, South Orange, Stockton, Northampton, Mansfield, Greenwich (Act of March 6, 1862). Greenwich and Hopewell in Cumberland county, all the townships of Hunterdon county, and the township of Mendham (Act of March 11, 1862), townships of South Brunswick, Franklin (Act of March 28, 1862), part of township of Clayton (Act of March 28, 1862), townships of Bernards and Bedminster (Act of February 23, 1863), Haddon school district No. 1 (Act of March 20, 1863), part of Upper Alloway's creek (Act of March 25, 1863), township of Newton and city of Camden (Act of March 31, 1864), Bordentown and Newark, township of Hohokus, Middle township, townships of Delaware and Gloucester, township of Lumberton, township of Chester, township of Plumsted (Acts of 1865), Lower township, township of Fairfield (Acts of 1868).