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liable in an action of trespass, to make good all damages to the owner or occupier of the inclosure. This section shall not be construed to require such fence, in order to maintain an action done by animals running at large contrary to law.
Damag 8 Feasant-Rescue.—If any such animal or animals shall break into an inclosure surrounded by a fence of the height and sufficiency prescribed by this act, or shall be wrongfully upon the premises of another, the owner or occupier of such inclosure or premises may take into possession such animal or animals trespassing, and keep the same until damages, with reasonable charges for keeping and feeding, and all costs of suit be paid, to be recovered in any
art of competent jurisdiction ; and any person who shall take or rescue any such animal so taken up from the possession of the taker up, without his consent, shall be liable to a fine of not less than three nor more than five dollars for each of such animals so rescued, to be recovered on complaint before any Justice of the Peace of the county where such offense shall be committed, for the use of the school fund of the proper county. Provided, that within twentyfour hours after taking such animal into his possession, he shall give notice to the owner thereof, if known, or if unknown, he shall post notices at some public place near the premises.
Persons traveling in any kind of vehicle must seasonably turn to the right of the center of the road, so as to permit such carriage to pass without interfering or interrupting, under the penalty of five dollars for every neglect or offense, to be recovered by the party injured. This shall not be construed to apply to any case, unless some injury to persons or property shall have occurred, nor in a case where it is impracticable, from the nature of the ground, for the driver to turn to the right. The owner of any carriage running upon any road in this State for the conveyance of passengers, who shall employ or continue in his employment, any person, as driver, who is addicted to drunkenness or the excessive use of spirituous liquors, after he shall have had notice of the same, shall forfeit at the rate of five dollars per day for all the time thereafter he shall have kept him in his employ, and if any driver, whilst actually employed in driving any such carriage, shall be guilty of intoxication to such a degree as to endanger the safety of the passengers, it shall be the duty of the owner, on receiving written notice of the fact, signed by any one of said passengers and certified by him on oath, forthwith to discharge such driver. If the owner, however, shall have such driver in his employ within three months after receipt of such notice, he shall forfeit five dollars per day for the time he shall keep said driver in his employ.
No person driving any carriages on any public highway or turnpike road shall run his horses or carriages upon any occasion or for any purpose, under a penalty of a fine not exceeding $10 or imprisonment not exceeding sixty days, at the discretion of the court.
Horses attached to any carriage used to convey passengers for hire must be made fast with a sufficient halter, rope or chain or the lines placed in the hands of some other person before the driver leaves them for any purpose. For violation of the above, each driver shall forfeit $20, to be recovered by action, to be commenced within six months. The owners, also, of any carriage running upon any public highway for the conveyance of passengers are liable, jointly and severally, to the party injured in all cases for injuries and damages done by a driver while driving such carriage, to any person or the property of any person, and whenever the act occasioning such injury or damage be willful, negligent or otherwise, in the same manner that such driver would be liable. The term carriage, as used, means any carriage or vehicle used for the transportation of passengers or goods or either of them.
The Commissioners of Highways in the several towns in this State have the care and superintendence of highways and bridges therein. They have the power necessary to repair roads and bridges, to lay and establish roads, regulate roads already laid out, to alter, vacate and to divide their respective towns into so many road districts as they shall deem convenient; such division to be made annually, and at least ten days before the annual town meeting. They shall also cause to be erected and kept in repair, at the forks or crossing place of the most important public roads, a post and guide-boards, with plain inscriptions thereon in letters and figures, giving directions and distances to the most noted places to which such road may lead; also to prevent thistles, burdock, cockleburs, mustard, yellow dock, Indian mallow and jimson weed from seeding, and to extirpate the same as far as practicable, and to prevent all rank growth of vegetation in the public highway, as far as the same may obstruct public travel, and in their discretion, they may erect watering places for public use for watering teams at such points as may be deemed advisable.
Every able-bo:lied male inhabitant, being above the age of 21 and under the age of 50 (excepting paupers, idiots, lunatics and such others as are exempt by law), is required to labor on the highways in their respective road districts, not less than one or more than three days in each and every year.
Three days' notice must be given by the Overseer of the time and place he requires such road labor to be done and with what implements. But no person shall be required to work on any highway other than in the district in which he resides. Any person may commute for such labor by paying at the rate of $1.50 per day, if done within the three days' notice; after that time, if he shall refuse to commute, at the rate of $2.00 per day. Any person liable for work on highways who shall have been assessed two days or more, and who shall not have commuted for his assessment, may be required to furnish a team or a cart, wagon or plow, with a pair of horses or oxen and a man to manage them, for which he shall be entitled to a credit of two days for each day's service therewith. Eight hours is a day's work on the roads, and there is a penalty of twenty-five cents an hour against any person or substitute who shall neglect or refuse to perform such labor. Any person, after appearing, who shall remain idle or not work faithfully, or hinder others from working, forfeits to the town the sum of $2.00.
Every person so assessed and duly notified, who shall not commute, and who shall refuse or neglect to appear, shall forfeit to the town, for every day's refusal or neglect, the sum of $2.00; if he was required to furnish a team, carriage, man or implement, and shall refuse or neglect to comply, he shall be fined as follows:
First.—For wholly failing to comply, $4.00 for each day.
Third.—For omitting to furnish a man to manage team, $2.00 for each day.
Fourth.—For omitting to furnish a wagon, cart or plow, 75 cents for each day.
Any person who shall injure or obstruct a public road by felling a 'tree or trees upon the same, or by placing or leaving any obstruction, or by encroaching upon the same with any fence or by plowing or digging any ditch or other opening or by turning a current of water so as to saturate or wash the same, or shall leave the cutting of any hedge thereupon for more than five days, shall forfeit not less than $3 nor more than $10, and in case of placing any obstruction, an additional sum not exceeding $3 per day for every day he shall permit the same to remain after being ordered to remove the same by any of the Commissioners of Highways, except where a person lawfully fells a tree for use and will immediately remove the same, nor any person through whose land a public road may pass, who shall desire to drain his land, and shall give due notice to the Commissioners of such intention, or where any Commissioners or Overseers of Highways, after giving seasonable notice to the owners, may remove any such fence or obstruction, fill up any such ditch or excavation and recover the necessary cost from such owner or other person, to be collected before
Justice of the Peace having jurisdiction. Any person owning, using or occupying lands on both sides of any public highway may make a crossing under said highway to let his cattle or other domestic animals cross said road; provided, he shall erect, at .his own expense, a good and substantial bridge, with secure railings, with an embankment of easy grade on either side, the bridge not to be less than sixteen feet wide, to be approved by Commissioners of Highways. The Commissioners estimate and assess the highway labor and road tax. The road tax on real and personal property cannot exceed forty cents on each hundred dollars' worth. The labor or road tax in villages, towns or cities is paid over to the corporate authorities of such for the improvement of streets, roads and bridges within their
limits. Commissioners' compensation, $1.50 per day. The Treasurer, who is one of their number, is entitled to two per cent. on all moneys
receive and pay out.
Overseers.—Their duties are to repair and keep in order the highways in their districts, to warn persons to work out their road tax at such time and place as they think proper; to collect fines and commutation money, and execute all lawful orders of the Commissioners of Highways; also make a list, within sixteen days after their election, of the names of all inhabitants in his road district liable to work on highways. For refusal to perform any of his duties, he is liable to a fine of $10. The compensation of Overseers is $1.50 a day, the number of days to be audited by the Highway Commissioners.
As all township and county officers are familiar with their duties, it is only intended to give the points of the law that the public should be familiar with. The manner of laying out, altering or vacating roads, etc. will not be here stated, as it would require more space than is contemplated in a work of this kind. It is sufficient to state that the first step is by petition, addressed to the Commissioners, setting out what is prayed for, giving the names of the owners of lands, if known—if not known, so state-over which the road is to pass, giving the general course, its place of beginning and where it terminates. . It requires not less than twelve freeholders residing within three miles of the road, who shall sign the petition. Public roads must not be less than fifty feet wide, nor more than sixty feet wide. Roads not exceeding two miles in length, if petitioned for, may be laid out not less than forty feet. Private roads for private and public use may be laid out of the width of three rods, on petition of the person directly interested; the damage occasioned thereby shall be paid by the premises benefited thereby, and before the road is opened. If not opened in two years, the order shall be considered rescinded. Commissioners, in their discretion, may permit persons who live on or have private roads to work out their road tax thereon. Public roads must be opened in five days from date of filing order of location, or be deemed vacated.
MARKS AND BRANDS.
How Cattle may be Marked. Every person in this State who hath cattle, horses, hogs, sheep or goats may have an ear-mark and brand, and but one of each, which shall be different from the ear-mark and brand of his neighbors, which ear-mark and brand may be recorded by the County Clerk of the county where such cattle, horses, hogs, sheep or goats shall be.
Book-Record-Fee-Examination of Books.—It shall be the duty of the County Clerks in the respective counties of this State to keep a well-bound book, in which they shall record the marks and brands of each individual who may apply to them for that purpose, for which they shall be entitled to demand and receive the sum of fifteen cents, and the book in which the same are recorded shall be open to the examination of every citizen of the county at all reasonable office hours, free of charge.
Book Prima Facie Evidence.If any dispute shall arise about any earmark or brand, it shall be decided by reference to the book of marks and brands, kept by the County Clerk, but such book shall be prima facie evidence only.
Purchaser Rebranding—Certificate. —Any person purchasing or acquiring horses, cattle, hogs, sheep or goats, when he brands or marks the same in his brand or mark, after the acquisition of the same, may do it in the presence of one or more of his neighbors, who are authorized to certify to the fact of the marking or branding being done, when done, and in what brand or mark the same were previously, and in what brand or mark they were rebranded or remarked. Such certificate shall not be deemed evidence of property in the animal branded, but only prima facie evidence of the facts therein certified to.
LANDLORD AND TENANT.
The owner of lands or his executors and administrators may sue for and recover rent therefor in any of the following cases :
First.—When 'rent is due and in arrear on a lease for life or lives.
Second.-When lands are held and occupied by any person without any special agreement for rent.
Third.—When possession is obtained under an agreement, written or verbal, for the purchase of the premises and before deed given, the right to possession is terminated by forfeiture or non-compliance with the agreement, and possession is wrongfully refused or neglected to be given upon demand in writing by the party entitled thereto; provided, that all payments made by the vendee or his representatives or assigns may be set off against such rent.
Fourth.—When land has been sold upon a judgment or a decree of court, when the party to such judgment or decree or person holding under him wrongfully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession.
Fifth.—When the lands have been sold upon a mortgage or trust deed and the mortgagor or grantor or person holding under him wrongfully refuses or neglects to surrender possession of the same, after demand in writing by the person entitled to the possession. If any
tenant or tenants for life or any person who shall come into possession of any lands, etc., from or under collusion with such tenants, shall willfully hold over any lands, etc., after the expiration of such term and after demand made in writing for the possession thereof, is liable to double the yearly value of the lands, etc.
A tenancy from year to year requires sixty days' notice to terminate the same at the end of the year. Notice may be given at any time within four months preceding the last sixty days of the year.