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CHAP. LXXII.

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An act for preventing infection of the

horned callle.

otale

1. BE it enacted by the General Assembly. That the Billsof health

to be produ. driving of cattle into, or through the commonwealth, or any part thereof, if it be not to remove them from tons driving one plantation to another of the same owner, or to be cattle into or used at his house, shall be deemed a nuisance, unless throug 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 froin distemper; or, notwithstanding he may produce such bill of health, unless he shall forth with oblain 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 relusing to obey such warrant, shall be amerced by the justice granting such warrant, in any sum notexceeding twenty five shillings. If the cattle appear by the report to be

Proceedings distempered, the owner may impound them; and if he

"ne where cattle refuse to do so, or if he suffer them to escape from the found distenie pound, 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 tis order, cause them to be slaughtered, and their carcases, with the bides 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 negleci to execute it, shall be amerced in the sum of five shillings for every head so ordered to be buried.

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 cattie to con äne them; & large off the land to which they belong, and when they when dead, die, shall bury them with their hides, in manner aforebury them. said; and knowingly offending in either of those instan

ces, shall be amerced in the sum of twenty shillings for every head they shall neglect so to bury.

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

CHAP. LXXIII. From Rey. An act for improving the breed of

horses.

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large.

1. BE it enacted by the General Assembly, That no Penalty for person shall suffer a stoned horse of the age of two suffering a stoned horse years, wbereof he is owner, or hath the keeping, to run to run at 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-aster one conviction; and, if after a second conviction, feited. the same borse 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.

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

From Ree

CHAP. LXXIV. An act for licensing and regulalıng ch. XLV.

luterlis.

tavern with

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

out license. 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 oflending, shall moreover forfeit and pay the sum of ten pounds current money, to be applied towards lessening the county levy: Which How beense license shall be granted only to such as the court shall ob!ained. think able to provide for the accommodation of travellers, and in such places as are most convenient for thein; and shall be in force one year, and from the end thereof until the next session. Ir 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, onless, being summoned to shew cause to the contrarı he appear, and prove such facts as induce them to believe, not only he did not know of, but moreover that he had no reason to suspect such playing. The prices to be

Tavern rates paid for diet, liquors, lodging, provender, stablenge, apd pasture, at taverns, shall be rated once a year by the court, of which rates a copy, within one month aflerwards, as they shall be sel, or from time to time al. tered, 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 twenty-five shillings for liquor sold, within the space of

Limitation of a year, to one person, residing less than twenty miles liquor sold. from such tavern, and drunk, or sold to be drunk in the

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. Commence. 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.

CHAP. LXXV.
From Rev.
Bills of 1779,
ch. XLVI. An act concerning public roads.

1. BE it enacted by the General Assembly, Thai County courts, wuthorised to where any person or persons shall make application to open new any county court, to have a new road opened, or a roads, or al. former one altered, within their county, for the conveter former nience of travelling to their county court-house, to any ones.

public warehouse, landing, ferry, mill, lead or ion works, or to the seat of government, they shall aprint 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 wliich 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 also view the former road, and report in like manner, the comparative conveniences and inconveniences thereof.

II. Upon the return of the said viewers, if the court Proceedings thereon.

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 empannel twelve able and discreet freeholders of the vicinage, no ways related to either party, to meet at some cortain 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 iinprisoned by the sheriff) either of meat or drink, from any person whatever, from the tinie 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 wbich the said road is proposed to be conducted, and say to wiat damage it will be of to the several and respective proprietors and tenants, who desired such writ, taking into estimation as well the ne of the lands to be laid open for such road, as the additional fencing, which will thereby be rendered nece»33 ry; and if the said inquest cannot be compleated in one day, the sheriff shall adjourn the said jurors from day lo day, until the same be compleated: Which inquesi, sealed by the said jurors, together with the writ, shall be returued to the court, who thereupon, as well as upon other evidence, shall proceed to consider whethe. er, 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 10 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 ihe 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.

III. The several courts shall also divide all the pub- To divide lic roads into precincts, and as orien as it shall be ne- roads into

precincis, & cessary, appoint a surveyor over every precinct, whose por

appoint sur duty it shall be to superintend the road in his precinct, veyors.

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