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found going at large in their respective hundreds within the limits
of the town of Salisbury, and immediately to give notice, by ad-
vertisements set up in the. most public places in said town, describ-
ing the swine so impounded, and their marks, and also the time
and place appointed tor selling such swine.
2. And be it enacted, That no sale, of any swine impounded as
aforesaid shall be made until notice hath been given as aforesaid at
least five days, and if the owner or owners of any swine impound-
ed 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.
3. And be it enacted, That whenever any dispute shall arise
respecting the right of any person to any swine impounded as afore-
said, 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.
4. And be it enacted, That it shall and may be lawful for any
constable impounding swine as aforesaid, to receive from any per-
son 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 re-
mained 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.
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.
6. And be it enacted, That any constable in said hundreds who
shall have knowledge of swine going at large in the town of Salis-
bury, 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 dis-
cover any neglect of duty by any constable as aforesaid, may com-
plain to any justice of the place in the hundred wherein such con-
stable resides, and it shall be the duly 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, judg-
ment 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.
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CHAP. 127.
No sale of such
swine to be made,
until notice there-
of has been given
In case of dispute
respecting the
right of any per-
son to swine, jus-
tice of the peace
to determine.
Allowance for
each swine im-
pounded.
When sale is made
constable to re-
tain so much of
proceeds as he is
entitled to.
Penalty on con-
stables neglecting
or refusing to
seize and impound
them.
Proviso.
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