because, independent of any statute regulation, no person has a right to use the highway but the right of passage; and the owner of beasts running at large is liable for damage done by them upon land lying open to the highway.

§ 6. The duties of fence-viewers relate chiefly to the settling of disputes between the owners of adjoining lands concerning division-fences; the examining or viewing of fences when damage has been done by trespassing animals; and the estimation of damages in such cases.

§7. Strays. A person taking up a stray animal, is required to cause a description thereof to be recorded by the town clerk, and in some states, if the animal exceeds a certain amount in value, the description is to be published, by posting the same in public places, or in some newspaper in or near the town in which the stray is found. If, after due publication according to law, the owner shall not appear and prove his title to the animal, and pay all lawful charges for advertising and keeping the same within the time fixed by law, the stray may be sold at public auction; and the avails, after paying all expenses, are paid into the town treasury for the use of the owner. If the owner shall not appear within a certain time after the sale, the town will have a right to the money.

§ 8. The finder of lost property other than stray beasts, is, in some states, required to describe, advertise, and sell the same, in the same manner as stray animals are advertised and sold; and the proceeds of the sale are in like manner to be disposed of. Persons finding stray beasts or lost property, and neglecting to advertise the same according to law, are not entitled to remuneration for any expenses which may have been incurred.

§ 9. A pound is a small enclosure surrounded by a strong fence, in which cattle or other beasts are confined when taken in trespassing, or running at large in violation of law. A pound-keeper, elected in each town at the annual town-meeting, has the charge of the pound in such town, and of all beasts brought to him to be confined. He is required to keep and feed such animals during the time of their confinement, at the expense of the owner. If the owner does not appear and take away his animals and pay the charges for

impounding within a specified time, they may be sold to pay the damage sustained, and the charges for impounding and keeping them.

For a more particular description of the manner of impounding animals, of estimating damages, and of advertising and selling the animals, in any particular state, reference must be had to the laws of such state.

EXERCISES.

§ 2. How is redress obtained for injuries sustained in consequence of defective roads and bridges?

§ 3. What is deemed, in this state, a good and sufficient fence?

§ 4. What is the law, generally, relative to maintaining and removing division fences?

§ 5. In what cases are persons liable for damage, in consequence of deficient fences?

6. What are the general duties of fence-viewers?

7. What general regulations exist in regard to stray animals? Describe particularly the regulations concerning strays in this state?

§ 8. Describe the general duties of a pound-keeper. What particular regulations in regard to impounding animals exist in this state?

CHAPTER XXIV.

Regulations concerning Taverns and Groceries; Weights and Measures; Auctions; Peddlers; Shows; Observance of the Sabbath, &c.

§ 1. No person may keep a tavern without a license from some person or persons authorized by law to grant the same. In some states there are persons in each town who have power to grant licenses; in others, this power is vested in the county court. A tavern-keeper gives a bond, with a surety, in such sum as the law requires, that he will keep an

orderly house; and the officers granting the license must be satisfied that he is of a good character, and has the necessary accommodations for travelers, and that a tavern for their accommodation is necessary at the place where it is to be kept.

§2. A tavern license usually includes a license to sell spirituous liquors; but they may be sold only in small quantities, and for no other purpose than to be drank in the tavern where they are sold, or on the premises. Licenses to

sell spirituous liquors by retail are also granted to grocers and keepers of victualing-houses; but not to be drank in their shops or on their premises. Persons other than those duly licensed, may not sell spirituous liquors in quantities less than a certain number of gallons.

§ 3. The sums to be paid by tavern-keepers and retailers for licenses, and the amount of fines imposed for violations of the law, are fixed by the laws of each state. Money received for licenses and penalties is paid into the treasury of the town or county, for the use of the same.

§4. Laws have within a few years been enacted in a few of the states, prohibiting entirely the sale of all intoxicating liquors, except to be used as medicine, and for mechanical purposes. In some of these states, however, these prohibitory laws have been repealed.

§ 5. Weights and Measures. To secure a uniform standard throughout a state, such standard must be established by law. It is therefore provided, that an accurate standard of the several weights and measures in common use be kept by the state sealer, who is the secretary of state, or the state treasurer, or some other person designated by law. The state sealer furnishes a copy of the original standard to each county sealer, at the expense of the county; and the county sealer furnishes each town sealer with copies of the county standard, at the expense of the town. It is usually provided, that within a certain number of years the town sealers shall compare the copies in their possession with the standard in the office of the county sealer.

§ 6. When weights and measures are brought to the town sealer, he compares them with the copy in his possession; and if they are not correct, he makes them conform to the lawful standard, and seals and marks them. If a person

uses a weight or measure that does not agree with the standard, and by which any purchaser suffers injury, the party injured may sue the offender, and recover damage, which is generally fixed by law at two or three times the amount of damage actually sustained.

§ 7. Laws also exist in the several states, fixing the measure of toll to be taken by millers for grinding the different kinds of grain; laws regulating the sale of goods by auction, and for the appointment of auctioneers; for the licensing of peddlers; for the regulation of public exhibitions and licensing showmen.

8. The Christian Sabbath is recognized by the government of every state, as a religious institution of Divine appointment; and, being a day specially set apart for the public and private worship of God, laws for its observance have been enacted in the several states, not only in obedience to Divine authority, but also with a view of securing to the citizens the free enjoyment of the rights of conscience and religious worship.

9. The law forbids all sporting, shooting, hunting, and pastimes on the day called Sunday; and all traveling and servile labor, except such as necessity and charity require. Nor may persons expose for sale any goods, wares, fruits, or other property on that day, except certain articles designated by law. Persons who uniformly keep Saturday as holy time, are not forbidden to labor on Sunday, provided they do not disturb others in its observance.

EXERCISES.

§ 1. By what authority are tavern-keepers and retailers licensed? What bond is required of an inn-keeper?

§ 2. What restraints are imposed by licenses in this state? § 3. What sums are paid for licenses in this state? and what is the measure of fines? To what use are the excise and fine moneys applied in this state? Define excise.

§ 4. Can you name any state in which the retailing of spirituous liquors is prohibited?

§ 5. How is a uniform standard of weights and measures. secured?

§ 6. To what penalty is a person liable for using unsealed weights or measures?

§7. What regulations exist in this state in regard to millers? auctioneers? pedlers? showmen?

§ 8. For what reasons is the observance of Sunday required? What is forbidden on that day?

CHAPTER XXV.

Of the Militia.

§ 1. To defend a country against attacks from foreign enemies, and to put down insurrections and rebellion against the government by its own citizens, it is the practice of governments to keep their respective countries prepared for events of this kind. For this purpose, men are required to meet every year on certain days for instruction in the art of war. This is usually called training.

§ 2. All white male citizens of the United States, between the ages of eighteen and forty-five years, are liable to do military duty in the states in which they reside, except such persons as are exempt by the laws of the state and of the United States. Persons exempt by the laws of the state, are usually the following: Ministers of the gospel; commissioned officers of the militia having served a certain number of years; members of uniformed companies having served for a specified term; members of fire companies; certain public officers while in office; and in some states, teachers and students of colleges, academies and common schools; and a few others.

§ 3. Besides these, there are persons exempted by the laws of the United States. They are the vice-president and all executive and judicial officers of the government of the United States; members of congress and its officers; custom-house officers and their clerks; post-officers and drivers of mail stages; ferry-men employed at ferries on post roads; pilots and mariners.

§ 4. It will be seen that the president of the United States,