CHAP. LXXII.

An act for preventing infection of the horned cattle.

From Rev. Bills of 177,

ch XII.

to be produ

state.

How obtain.

1. BE it enacted by the General Assembly, That the Bills of health driving of cattle into, or through the commonwealth, ced, by peror any part thereof, if it be not to remove them from one driving one plantation to another of the same owner, or to be cattic into or used at his house, shall be deemed a nuisance, unless through this the driver shall produce to any freeholder of a county wherein the drove is passing, who shall require it, a bill of health, signed by some justice of the commonwealth, containing the number of the drove, with descriptions of the cattle, by their sexes, flesh marks, and ear marks, or brands, and certifying them to be free from distemper; or, notwithstanding he may produce such bill of health, unless he shall forthwith obtain another at the like requisition, if any such freeholder make affidavit, before a justice, that he hath cause to suspect some of the cattle to be distempered. Such bill of health shall not be given, in either case, before ed. two disinterested freeholders, appointed by warrant of a justice, shall have viewed the cattle, and reported them to be free from distemper. A freeholder refusing to obey such warrant, shall be amerced by the justice granting such warrant, in any sum not exceeding twenty five shillings. If the cattle appear by the report to be distempered, the owner may impound them; and if he Proceedings refuse to do so, or if he suffer them to escape from the found distenpound, before a justice shall have certified that they pered. may be removed without annoying others, the same justice, or some other to whom information shall be given of the fact, shall, by lis order, cause them to be slaughtered, and their carcases, with the hides on, but so cut or mangled that none may be tempted to take them up and flay them, to be buried four feet deep.Those who shall be employed in executing such orders, shall receive five shillings for every head so buried, to be paid by the county wherein it shall happen; and every one appointed by the order, who shall refuse or neglect to execute it, shall be amerced in the sum of five shillings for every head so ordered to be buried.→

where cattle

cattle to con

Owners of Every one shall so restrain his distempered cattle, or distempered such as are under his care, as that they may not go at large off the land to which they belong, and when they die, shall bury them with their hides, in manner aforesaid; and knowingly offending in either of those instances, shall be amerced in the sum of twenty shillings for every head they shall neglect so to bury.

fine them; & when dead, bury them.

II. This act shall commence and be in force Commence- from and after the first day of January, one thousand ment of act. seven hundred and eighty-seven,

CHAP. LXXIII.

From Rev. An act for improving the breed of

Bills of 1779,

ch. XLII.

Penalty for suffering a

to run at

large.

horses.

I. BE it enacted by the General Assembly, That no person shall suffer a stoned horse of the age of two stoned horse years, 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 been admonished to confine such horse, shall forfeit and pay five pounds, to him who will sue for it, and double that sum for any such transgression When for- after one conviction; and, if after a second conviction, the same horse be found so running at large, it shall be lawful for the person who will take him up, to retain him to his own use.

feited.

11. This act shall commence and be in force from Commence and after the first day of January, one thousand seven ment of act. hundred and eighty-seven.

CHAP. LXXIV.

From Rev

Bills of 1779,

An act for licensing and regulating ch. XLV.

laverns.

out license.

1. BE it enacted by the General Assembly, That it None to keep shall not be lawful for any one to keep a tavern, before tavern with. they shall have obtained a license for that purpose, from the court authorized to grant the same; and if any one, without such license, open a tavern, or sell by retail, Penalty wine, beer, cyder, or rum, brandy, or other spirituous liquor, or a mixture thereof, to be drank in or at the place where it shall be sold, or in any booth, arbour or stall, such offence shall be deemed a breach of the good behaviour, and he or she so offending, shall moreover forfeit and pay the sum of ten pounds current money,

to be applied towards lessening the county levy: Which How heenge license shall be granted only to such as the court shall obtained. think able to provide for the accommodation of travellers, and in such places as are most convenient for them; and shall be in force one year, and from the end thereof until the next session. If guests or others play Gaming at ta at any game, contrary to law, in a tavern, and the verns. keeper thereof shall not endeavour to hinder them, and if they persist, to give information of the offence, within one month thereafter, to the court, or two justices of the peace, his license shall be revoked by the court, unless, being summoned to shew cause to the contrary he appear, and prove such facts as induce them to believe, not only he did not know of, but moreever that he had no reason to suspect such playing. The prices to be paid for diet, liquors, lodging, provender, stabienge, and pasture, at taverns, shall be rated once a year by the court, of which rates a copy, within one month afterwards, as they shall be set, or from time to time altered, attested by the clerk of the court, shall be set up by every keeper of a tavern, exposed in some public room thereof, not more than six feet above the floor, and so long as he neglect this, after the month, he shall have no right to demand any price for a ́rated article. Neither shall the keeper of a tavern recover more than Limitation of twenty-five shillings for liquor sold, within the space of recovery for a year, to one person, residing less than twenty miles liquor sold. from such tavern, and drunk, or sold to be drunk in the

Tavern rates

Commence.

place where it is kept: and a written contract or bond, or other speciality, for payment, delivery, or security, of money, or other thing, for performance of any work or service, whereof the whole or any part shall have become due for liquors so sold, shall be void.

II. This act shall commence and be in force from ment of act. and after the first day of January, one thousand seven hundred and eighty-seven.

From Rev. Bills of 1779, ch. XLVI.

authorised to

open new

ter former

ones.

CHAP. LXXV.

An act concerning public roads.

I. BE it enacted by the General Assembly, That County courts where any person or persons shall make application to any county court, to have a new road opened, or a roads, or al former one altered, within their county, for the convenience of travelling to their county court-house, to any public warehouse, landing, ferry, mill, lead or i.on works, or to the seat of government, they shall appiat three or more fit and able persons, to be sworn belore a justice of the peace, to view the ground along which such road is proposed to be conducted, and to report to them truly and impartially the conveniences and inconveniences which will result, as well to individuals as to the public, if such way shall be opened; and where the application is to alter a former road, they shall aiso view the former road, and report in like manner, the comparative conveniences and inconveniences thereof.

Proceedings thereon.

II. Upon the return of the said viewers, if the court shall be of opinion that the road applied for will be convenient, they shall order summonses to be issued to the proprietors and tenants of the lands, through which the same is proposed to be conducted, if they be found within the county, and if not, then to their agents therein, if any they have, to shew cause why such road should not be opened; upon the return of which summons, if any proprietor or tenant so desire, the said court shall order their clerk to issue a writ in the na

ture of a writ ad quod damnum, to be directed to the sheriff, commanding him to summon, and empanuel twelve able and discreet freeholders of the vicinage, no ways related to either party, to meet at some certain place on the ground through which the said road is proposed to be conducted, and on a certain day to be named by the court, and inserted in the said writ, of which notice shall be given by the sheriff, to the said proprietors or tenants, or their agents, as before directed, if they were not present in court at the time of the order made; which freeholders, taking nothing (on pain of being discharged from the inquest, and immediately imprisoned by the sheriff) either of meat or drink, from any person whatever, from the time. they shall come to the said place until their inquest sealed, shall be charged by the said sheriff impartially, and to the best of their skill and judgment to view the lands through which the said road is proposed to be conducted, and say to what damage it will be of to the several and respective proprietors and tenants, who desired such writ, taking into estimation as well the use of the lands to be laid open for such road, as the additional fencing, which will thereby be rendered necessary; and if the said inquest cannot be compleated in one day, the sheriff shall adjourn the said jurors from day to day, until the same be compleated: Which inquest, sealed by the said jurors, together with the writ, shall be returned to the court, who thereupon, as well as upon other evidence, shall proceed to consider whether, all circumstances weighed, it be better that the said road shall be opened, and if they be of opinion that the same shall be opened, they shall levy on their county, at their next levy to be laid, the damages so found. and the costs of the inquest, and direct them to be paid to those respectively entitled thereto. But if they shall be of opinion that the said road ought not to be opened, the costs of such inquest shall be adjudged against the party applying for the said road. But it shall not be lawful for any court to order a road to be opened through any lot of land in any town, without the consent of the owner and tenant thereof.

To divide

III. The several courts shall also divide all the public roads into precincts, and as often as it shall be ne- roads into cessary, appoint a surveyor over every precinct, whose precincts, & duty it shall be to superintend the road in his precinct, veyors.

appoint sur