included in the same entry, and one advertisement, and the justice and the clerk shall receive no more fees than for one of such strays. to be report § 2. When any stray as aforesaid shall be found dead, or shall have Death or esescaped, the taker up shall, without delay, make report thereof to the cape of strays clerk on oath, who shall make a memorandum of the same in the mar- ed. gin of his book where the certificate of such stray was registered, and the taker up shall not be answerable for the same, nor shall the taker up be liable for using said stray: Provided, The same shall not have been abused. stray, how § 3. When any stray shall be proved away, and the owner and the Expenses of taker up cannot agree as to expenses, application may be made by keeping a either party to the next justice of the peace, who shall require two ascertained. householders of the neighborhood, who shall have the privilege of appointing an umpire, and adjust the dispute, and their award shall be final. removing or months. § 4. If any person shall take or send away any stray out of this Penalty for state, on any pretence whatsoever, or shall trade or sell the same un-selling stray der twelve months, he or she so offending shall forfeit and pay one under twelve hundred dollars, to be recovered in any court of this state having jurisdiction thereof, one half to the use of the informer, and the other half to the use of the county wherein the offence shall have been committed; and moreover shall pay the owner the amount of the appraisement, or if no owner appear, then to the county, subject to the regulations hereinafter ordered, under the sixth section of this act. stray or §5. If any person shall take up or use a stray of whatever description, Penalty for contrary to the meaning of this act, such person shall, for every such taking up offence, forfeit and pay one hundred dollars, recoverable with costs in using it conany court of this state having jurisdiction thereof, one half to the county, and the other half to the person suing for the same. trary to this act. vested in ta Owner may appraise 6. The property of every stray or strays taken up as aforesaid, The property twelve months after such appraisement, and not proved away by the of strays owner thereof, shall be deemed vested in the taker up of the same: ker up. Provided nevertheless, That should the owner apply in five years, he demand the shall receive the full amount of such appraised stray, one half from the full price. taker up, and the other half from the county, after paying all reasonable expenses: And provided also, That the person so taking up shall Taker up to account for and pay into the hands of the clerk of the county, one half pay half the of the appraised value of all such strays, according to the true intent ment. and meaning of this act; and if the taker up shall neglect to account with the said clerk for the same, he or she so failing, shall forfeit and Penalty for pay the appraised value of all such strays, to be recovered by action of neglecting. debt before any jurisdiction having cognizance thereof, and it shall be the duty of the clerk to commence suits respectively against all delin- To be recov quents for the recovery of the same, and shall be entitled to receive ered by clerk. five per centum on all money recovered and received, and the balance the said clerk is required to pay over to the county treasurer. 7. It shall be lawful for the former owners of any strays, at any Owner to re. time, on proving his property by one or more competent witnesses, ceive half the appraiseto demand and receive from the county treasurer, one half of the value ment. of any such strays appraised and accounted for as aforesaid, deducting therefrom the treasurer's commissions of two per centum for receiving and accounting for the same. hibited at cir § 8. It shall be the duty of the taker up of any stray horse, mare, Stray horse, or mule, to cause the same to be exhibited on the first day of each &c., to be exterm of the circuit court of the county, next succeeding the time at cuit court. which such stray shall be taken up, from twelve to four o'clock on Clerk to re certificates of strays. Strays to be each day, that the owner may have an opportunity of claiming his property. 9. The clerk of each county of this state shall keep a book, in gister and file which he shall register all certificates of strays delivered to him, and file the same in regular order. It shall be his duty to cause a copy of the certificate of appraisement, of every horse, mare, colt, or mule, to be published in the nearest newspaper three times. It moreover shall be the duty of the clerk to make out a fair and correct list of all strays, and affix the same at the door of the court-house of their respective counties on the first day of each term of the circuit court, omitting such strays as are proved away, escaped, or dead, under the penalty of five dollars for such neglect or omission: the clerk shall receive as fees of office, for advertising any horse, mare, colt, or mule, twentyfive cents; and for every head of cattle, sheep, or hogs, six and onefourth cents; and for every search of the stray books, twelve and one-half cents, to be paid by the person applying to search. published, and posted up. Clerk's fees. In what months cat § 10. No cattle or sheep shall be taken up or posted in the months the are not to of April, May, June, July, August, September, or October, unless it be be posted. a cow with a young calf. Owners may ty twelve months. Mode of proof. § 11. At any time within twelve months, it may be lawful for the prove proper-owner of any stray or strays, taken up under the provisions of this act, to prove his or her property, by his or her own oath, or by the oath or affirmation of any other competent witness, in the following manner, to wit: a certificate, giving a particular description of the stray or strays so claimed, shall be made out, giving the kind, marks, brands, stature, color, or age of such stray or strays, as may be, which certi ficate shall be sworn to and subscribed before any justice of the peace, and delivered to the taker up, to be filed in the clerk's office; and the delivery of such certificate as before mentioned, and payment of all costs incurred from posting and keeping such stray or strays, shall revest the same in the proper owner. In case of division of counties. 1823-(14) Sec. 1. § 12. In all cases of the division of counties, the stray or strays shall belong to the county wherein the same may be found, and shall be disposed of as other strays posted in said county. § 13. Hereafter, when any person or persons shall be desirous of Taker up of posting any stray that may be found on his, her or their premises, he strays to en- she, or they shall apply to some justice of the peace, of the county payable to where such stray may be found, for the purpose of having such stray clerk of coun- appraised; and on ascertaining the appraised value thereof in the man ter into bond, ty court. bond. ner now pointed out by law, the said justice shall require from the person or persons posting such stray or strays, to enter into bond with sufficient security to be approved of by said justice, to the clerk of the Amount and County court and his successors in office, in the sum of the full amount condition of of the appraised value of such stray or strays, conditioned, that he, she, or they, will well and truly pay to the said clerk or his successors in office, half the amount of the appraised value of such stray or strays: Provided, The same is not proved away by the owner or owners thereof, within twelve months from the day of such appraisement: And provided also, That the stray or strays do not die or escap without the connivance or neglect of the taker up. Proviso. Ib. Sec. 2. Penalty for using stray § 14. If any person or persons shall presume to use any stray of strays without first having given bond as aforesaid, he, she, or they, without giv-shall be liable to all the penalties prescribed in the fifth section of an ing bond. act, passed the twenty-first December, eighteen hundred and twenty, to which this is an amendment, entitled "An Act to reduce into one the several acts concerning strays."a a See the ceding act. prc. Justice to take the § 15. It shall be the duty of the justice before whom such stray or Ib. Sec. 3. strays may be appraised, to take such bond as is mentioned in the first section of this act; which bond he shall return, together with the bond, and repost-note in the manner now pointed out by law for making return of tu the post-note of strays. turn it. Sec. 1. stray is 16. In addition to the fees now required to be paid by takers up 1826-(4) of strays, at the time of posting the same, when such stray or strays, Additional so posted, shall be of a description requiring publication in a news-fee when paper, according to the ninth section of the act to which this is an required to amendment, the taker up in such case shall pay the sum of two dol- be published. lars, for the printing of said publication, to the justice, which shall be, act. by said justice, returned to the clerk of the county court with the certificate of appraisement, as is now provided by law. a The first §17. The said sum shall be, by the said taker up, recovered back b. Sec. 2. of the owner of such strays, when proved away, as other expenses expense to be now are. Additional refunded by the owner. justice for 18. Any justice failing to return the appraisement of said strays Ib. Sec. 3. and printing fees, so deposited with him, shall forfeit one hundred dol- Penalty on lars for every such offence, recoverable by any person who will sue failing to refor the same, one half to the use of the said person, and the other turn ap half to the use of the county, before any court having jurisdiction of and printing the same. praisement fees. SURVEYORS. To be one each coun 1. THERE shall be a surveyor for each county in this territory, 1811-(6) who shall reside in the county of his appointment, and shall, before surveyor rehe enters on the duties of his office, give bond with good and sufficient sident in security, to be approved of by the county court, in the sum of two ty. thousand dollars, payable to the governor for the time being, and conditioned for the due performance of the duties of his office.1 His bond. duties. by the En pole. §2. It shall be the duty of the said surveyor faithfully to execute Surveyor's all orders of survey directed to him, by any of the courts of this territory, and to make all surveys of lands, lying in the county, of which he is surveyor, and to which the United States have no claims, at the request of the owners or proprietors thereof, and generally to do whatsoever in the re-surveying, measuring, and dividing of lands may be required of him, by any person wishing the same done; and in all To measure his mensurations, he shall use and be governed by the English perch glish perch or or pole. §3. The fees chargeable by the county surveyors shall be paid by the party desiring the services to be performed, and when the services are rendered in obedience to an order of court, in a suit therein depending, the surveyor shall make out and state an account of his fees for such services written in words at full length, on the back of one of the plats by him returned to the court, and the same shall be allowed in the bill of costs, to be taxed against the losing party, as other costs; but where it shall happen, that the survey, or any part thereof, was made at the instance of the party in the suit, such and so much of the 1 County surveyors, formerly appointed and commissioned by the governor, are now appointed by the judge of the county court and commissioners of revenue and roads; they receive, instead of a commission, a certificate of their appointment and qualification from the judge of the county court, and hold their offices for three years.-See "County Officers," and "Commissioners of Revenue and Roads." b. Sec. 4. Fees, by whom paid. Ib. Sec 5. Re-surveying and remarking lands. Ib. Sec. 6. Chain-carriers' and markers' fees. Ib. Sec. 7. Chain-carri ers to be fees shall not be taxed, as accrue on the work done by the surveyor for him. § 4. It shall be the duty of the county surveyor, whenever called on for that purpose, to re-survey, and re-mark, and bound any tract of land in his county, where the old marks are defaced, or are likely to decay and perish, taking special care in all such cases, to be governed by the original surveys, patents, or title deeds, of such tracts; and the said surveyor shall make a plain report and certificate of all such re-marks and boundaries as he may make as aforesaid, and deliver the same to the proprietor or owner of the lands so re-bounded, whose duty it shall be, to have the same recorded in the clerk's office of the county wherein the land is situated, within three months thereafter, and the clerk's fee for recording the same shall be one dollar. § 5. Chain-carriers and markers shall be allowed each one dollar per day for their services as such, to be paid in the same manner as is provided by this act for surveyors. 6. Each surveyor appointed under this act, shall administer an oath to each of his chain-carriers, faithfully and diligently to perform sworn by sur. their duties as chain-carriers without favor, affection, or partiality. § 7. It shall be the duty of each of the surveyors, to be appointed and names under this act, to write the name of each of his chain-carriers down on his plat. veyor, Ib. Sec. 8 to be entered on the plat. 1807-(31) Mode of granting tavern li. censes. Applicant to enter into bond. TAVERN-KEEPERS, AND RETAILERS OF LIQUOR. § 1. EVERY person who shall be recommended for the purpose to the county court of the county, in which such person may be desirous of keeping a tavern, by six or more reputable freeholders of the county, shall be entitled to receive from the county court aforesaid, a license to keep a tavern for and during the term of one year from the date of such license, and from thence until the next county court, after the expiration of the said one year: Provided, That on receiving the same, the said applicant shall pay to the clerk of the said court, in open court, twenty dollars for the use of the county, and it shall be the duty of the said clerk to make an entry thereof on his minutes. 1 The applicant before the license is delivered to him, shall enter into and acknowledge his bond, with sufficient sureties, in the penal sum of three hundred dollars, payable to the governor and his successors in office, conditioned for constantly keeping and providing his tavern, with good, clean, and wholesome diet and lodging for travellers, and stabling, provender, or pasturage for horses, during the term of his license, and for the due observance of all laws and ordinances, which may be in force, in relation to tavern-keepers. And when such bond shall be so executed and acknowledged, the clerk shall file the same in his office, and deliver the license to the aforesaid applicant: for which and the bond, and all his services respecting the same, except the table of rates, the clerk shall receive two dollars. In case of the Remedy, on breach of, or not complying with the condition of the said bond, it shall be lawful for any person, in the name of the governor, to sue for and recover, in any court having jurisdiction thereof, the penalty of the breach of bond 1 By the Revenue Law of 1827, the amount chargeable for a license to each species of retailers, tavern-keepers, &c. is particularly specified; with the further provision, that "no county tax shall be paid on licenses, except such as may be levied by the county." to fix tavern rates. said bond, and apply one half to his or her own use, and the other half to the use of the county, where the cause of action may arise. §2. The justices of the county courts shall fix the rates and prices County court to be paid at all taverns in their respective counties, once a year at least, for liquors, lodging, diet, stabling, provender, and pasturage; and may increase or diminish the same, as to them may seem proper. And every tavern-keeper shall, within twenty days after the rates are Tavern-keepfixed, set up in his public entertaining room, in a conspicuous place, rates in a a fair table of rates, certified by the clerk of the court, (for which the conspicuous said clerk shall receive twenty-five cents,) there to be constantly kept exposed to public view as aforesaid, under the penalty of twenty dollars. ers to post up place. charging more than §3. If any tavern-keeper shall receive any greater price for any Penalty for drink, diet, lodging, provender, stabling, or pasturage, than by such rate shall be allowed, he or she so offending, shall forfeit and pay ten lawful rates. dollars for every such offence. ers not to suf §4. It shall be unlawful for any inn-holder or tavern-keeper to per- Tavern-keepmit or suffer any cock-fighting; or playing with cards or dice; or to fer gaming. keep any gaming-table of whatsoever denomination, or any kind of gaming whatsoever, in his or her inn or tavern; or in any out-house, tenement, yard, or garden belonging thereto. And for every such offence, he or she so offending, shall forfeit and pay eight dollars. without li § 5. Any person who shall presume to keep a tippling-house, or sell Retailing rum, brandy, whisky, taffia, or other spirituous liquors, in less quan-cense. tity than one gallon; or shall sell any strong beer, porter, cider, or wine, in less quantity than four gallons, without a license first obtained as aforesaid, ashall be subject to a fine not exceeding one hundred [a 1812—(2) dollars: Provided, That all owners of distilleries within the territory [b 1814-(3) Sec. 1 & 3.] shall be authorized to sell spirits of their own distillation in any quantity not less than a quart; cand that merchants and shop-keepers may [c 1816—(2) retail liquors by the quart, without a license from the county court Shop-keepof their county, so that the same be not drunk with their consent and ers. privity in their stores, or on the premises where they reside or have their stores. Sec. 1.] Distillers. Sec. 1.] quor to, or servant, &c. 6. If any inn-holder or tavern-keeper, or other person whosoever, Selling li shall give, sell, or deliver any kind of spirituous, fermented, or strong entertaining liquors whatsoever, to any apprentice, servant, or slave, or in any apprentice, way entertain them, without the consent or permission of the master, owner, or such other person as shall have such apprentice, servant, or slave in his care; every person so offending shall, for the first offence, forfeit and pay the sum of ten dollars; and for every succeeding offence the sum of twenty dollars. troops of States, §7. No tavern-keeper, inn-holder, or retailer of spirits, shall pre-selling lisume to sell any rum, brandy, wine, or other kind of intoxicating liquor to quors, to any soldier or soldiers stationed within this territory, belong- United ing to and in the actual service of the United States, knowing him or them to be such, without permission from one of his or their commissioned officers. And such tavern-keeper or other person as aforesaid, so offending, shall for every such offence forfeit and pay the sum of twenty dollars: Provided, That nothing contained in this act shall be so construed as to extend to those who are permitted to sell within the military lines. §8. If any person or persons, residing in, coming into, or passing or Indians. through the Mississippi Territory, or any part thereof, shall presume to furnish, vend, sell, or give, or shall direct or procure to be furnished, vended, sold, or given, upon any account whatsoever, to any Indian or Indians, being within this territory, any rum, brandy, whisky, or |