| CHARLES GOLDSBOROUGH, ESQUIRE, GOVERNOR.
at least five days, and if the owner or owners of any swine impounded
shall not claim the same before the time appointed for such sale,
and also prove their title to such swine, in case their title shall be
disputed, and pay unto the constable impounding, the sums herein
allowed for impounding and keeping such swine, that then it shall
and may be lawful for the constable, and he is hereby directed, to
sell at public sale all such swine, according to the notice given. |
1818.
CHAP. 127. |
3. AND BE IT ENACTED, That whenever any dispute
shall arise
respecting the right of any person to any swine impounded as aforesaid,
that it shall and may be lawful for any justice of the peace,
in the county where such dispute may be, to hear and determine
who is the proper owner of such swine. |
In case of dispute
respecting right to
swine justice to
determine. |
4. AND BE IT ENACTED, That it shall and may
be lawful for any
constable impounding swine as aforesaid, to receive from any person
or persons owning any swine so impounded, the sum of one
dollar for each swine impounded, and the further sum of twelve and
a half cents for each swine for every day such swine may have remained
impounded, which sums shall be paid by the owner before
he or she shall be entitled to receive such swine, and the constable
may retain the money received, for his own use, as a compensation
for his trouble for impounding and feeding such swine, which shall
be kept and fed at the expense of the constable impounding the
same. |
Allowance for
swine impounded. |
5. AND BE IT ENACTED, That whenever any sale
shall be made,
the constable making the same may retain, for his own use, so much
of the proceeds thereof as shall amount to one dollar, for impounding
each swine, and the further sum of twelve and a half cents per
day for each swine for every day they may have been impounded,
and the surplus shall be paid by the constable to the owner whenever
demanded, provided that the title of such owner is not disputed,
or hath been determined by a justice of the peace as aforesaid. |
Constable to retain
so much of
proceeds as he is
entitled to. |
6. AND BE IT ENACTED, That any constable in
said hundreds
who shall have knowledge of swine going at large in the town of
Salisbury, in their respective hundreds, and shall refuse or neglect
to seize and impound the same, or shall in any respect neglect the
duties required of him by this act, that he may be fined for such
neglect not exceeding three dollars, and any person who may discover
any neglect of duty by any constable as aforesaid, may complain
to any justice of the peace in the hundred wherein such constable
resides, and it shall be the duty of such justice to call such
constable before him, and fine or acquit such constable, as justice
may dictate; and if such fine shall not be immediately paid, judgment
may be entered by such justice for such fine in the name of
the state, one half of such fine to be applied to the use of the town,
and the other half to the informer; Provided, that no informer shall
receive any part of such fine unless the charge shall have been
proved by some other witness. |
Penalty on constables
for refusing
to impound. |
7. AND BE IT ENACTED, That any justice of
the peace laying
any fine as aforesaid, may receive and apply the same agreeably
to the provisions of this act. |
Fines, how to be
applied. |
8. AND BE IT ENACTED, That it shall not be
the duty of any
constable to seize and impound any swine as aforesaid, if it shall
appear that such swine are going at large without the knowledge
and consent of the owner or owners, but whenever such swine has |
Swine running
at large without
the knowledge of
owner not to be
impounded. |
VOL. IV.
8
|
 |
