WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 355
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SEC. 2. And be it enacted, That the owner or
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owners of any and every horse or mule, of each head
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of cattle, sheep and swine found trespassing under
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this act, shall be made to pay a fine for each offence
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Fine for tres-
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per head : for horses, mules and cattle fifty cents,
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passing.
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for sheep and hogs twenty cents, to be collected as
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fines, penalties and forfeitures are collected under
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article forty, section one, of the Code of Public
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General Laws.
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SEC. 3. And be it enacted, That any owner or
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owners of stock taken up under this act shall have
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Have fair
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the privilege of a fair hearing before any justice of
the peace of the election district hereinbefore named.
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hearing.
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SEC. 4. And be it enacted, That the fines speci-
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fied in section two of this act shall be paid one-
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Fines — how
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fourth to the informer, one-fourth to the constable
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disposed of.
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in the case, and the remainder to the board of county
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school commissioners, to be by them applied to the
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public school fund of said county.
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SEC. 5. And be it enacted, That this act shall
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not apply in any case where the owner or owners of
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the stock found trespassing, as above named, shall
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make it appear satisfactorily to the justice of the
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peace in the case that he or they (said owner or
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When not to
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owners) cannot justly be held responsible for the
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apply.
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trespass, inasmuch as he or they had employed all
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reasonable means to prevent it, and that said tres-
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pass had occurred through some agency over which
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said owner or owners could exercise no control.
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SEC. 6. And be it enacted, That this act shall not
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apply to any stock being driven from point to point
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When not to
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on the public roads or public grounds in school dis-
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apply.
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trict aforesaid, when such stock be under proper
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guard.
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SEC. 7. And be it enacted, That any one who shall
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be found guilty before any justice of the peace of the
county aforesaid, of purposely turning out stock or of
opening gates, or in any other way aiding any stock
of the character specified in this act to trespass to
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Liable to fine
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the extent of a violation of this act, shall be liable
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to a fine of not more than five dollars, to be collected
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