the quantity of

each proprietor,

on.

recorded.

name of a pro

ownership of any lands within the limits of a drain company, by Duty of scavenwhich any proprietor's interest shall be changed, or any person shall gers, to ascertain have an interest not before assessed to him, the scavengers may land owned by proceed immediately, or within a reasonable time after such altera- and to make astion or change shall have been made, and shall have come to their sessment thereknowledge, to ascertain and determine the quantity of land owned by each proprietor thus embraced within the limits of said company, and the quantity of land owned by each proprietor, whose interest shall be thus changed; and the quantity of land owned by any person, not before assessed to him; and the proportion of benefit, which any such owner and proprietor will receive, from the opening or clearing of drains, &c.; and having assessed the same, in such proportions as said scavengers deem equal and just, they shall cause such assessment to be recorded by the clerk of said company; and Assessment to be said assessment shall have the same effect, as though made in accordance with the provisions of the twenty-third section of this act. SECT. 34. If the name of any proprietor of land, embraced with- Omission of the in the limits of a drain company, shall have been omitted, by mis-prietor, not to take, from the original petition of the proprietors for the organiza- invalidate petition of said company, or from the petition of the scavengers for the ings thereon. alteration of the bounds of said company, or from the warning issued by a justice of the peace, in conformity with the twentyeighth section of this act, such omission shall not have, nor be considered as having had, the effect, in any manner, of invalidating said petition, or warning, or the proceedings had thereon; but said proprietor may bring his petition to the superior court, for the county in which such land is situated, praying to be relieved from the liabilities of a proprietor in said company, and said court, may grant such relief, and may tax the costs in said case, as shall be deemed just and right. All suits and petitions against a drain company shall service, in suite be served by leaving attested copies of the original process with the against drain scavengers, or at their usual places of abode; and the scavengers, as agents of the company, shall bring, prosecute, and defend all petitions and suits brought for or against the company, and they may receive such compensation for special services, as the proprietors shall have voted at a lawful meeting.

tion, or proceed

companies.

the term of court

SECT. 35. All petitions, brought in accordance with the provi- Petitions to be sions of this act, shall be disposed of at the term of the court to disposed of at which the same shall have been brought, unless continued by order to which they of the court, upon motion of one of the parties, and the payment, are brought. by said party, of the costs of the term, including the continuance fees, or, by agreement of the parties and consent of the court; and no further continuance shall be allowed at a succeeding term, except upon motion and the payment of costs, or by agreement, as aforesaid; and when continued upon motion, no costs shall thereafter be taxed for said term or terms, in favor of either party.

TITLE LV.

AN ACT RELATING TO SHEEP.

Owners may keep flocks.

Owners may

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SECTION 1. That the owners of sheep in any town, or the major part of them, may meet together within such town as often as there shall be occasion, and at such meeting, may order that the sheep in such town shall be kept together in a flock or flocks, for such time, not exceeding one year, and at such season of the year, as they shall determine.

SECT. 2. The owners of sheep, in every such flock, may meet togeth make regulations er in such town; and at such meeting, by a major vote, according to respecting flocks. their interest, to be computed according to the number of sheep owned by them respectively, may choose a clerk, who shall be sworn to make a true entry of all their votes and acts, relative to their sheep; may choose sheep-masters, for the hiring of a shepherd, and letting out the flock to fold, and for other prudential affairs rel ative to the flock; and may also make orders for the warning of their meetings, and any regulations necessary and proper for the better management of the flock.

Flocks not to be

SECT. 3. No person shall permit any flock of sheep, consisting of turned on high- more than fifty, of which he has the ownership or care, although way without con- with a keeper, to feed upon the highways of any town, without lib erty first had from the owner, or owners, of the land adjoining such highways, on penalty of four dollars for each offense, for the use of him who shall sue for and recover the same.

sent.

Owners of sheep

SECT. 4. Every owner of sheep, shall ear-mark or brand all his to mark them. sheep that are more than six months old, with a proper mark, and shall cause his mark to be registered by the town clerk of the town where he resides; and for every sheep, more than six months old, found unmarked and going at large, the owner shall forfeit thirtyfour cents, one-half to the complainant, and the other half to the town treasury.

Rams to be strained.

re

SECT. 5. If the owner of any ram shall suffer him to go at large, or out of his inclosure, between the first day of August and the first day of December, of any year, such owner shall forfeit ten dollars, to the person who shall find and take up said ram, for each time that he shall be so found at large, or out of the owner's incloProceedings if sure, and taken up; which forfeiture may be recovered by action of the owner is un- debt, with costs of the suit; and the person finding and taking up any ram, if the owner shall not be known, shall secure and keep the same, and shall, within twenty-four hours next after taking him up, lodge a certificate with the town clerk, setting forth the marks,

known.

natural and artificial, if any such there be, of which certificate the town clerk shall make a record; and such person shall post a certified copy of such record, on the sign-post in the town in which such ram has been so taken up; for which copy and record, the said town clerk may receive twenty cents from the person lodging such certificate; and if the owner of any ram, taken up and posted as aforesaid, shall, within five days after such posting, pay, or tender, the said forfeiture, to the person so taking up and posting such ram, such ram shall be restored to the owner; but if the owner shall not pay, or tender, such forfeiture as aforesaid, within the said five days, such ram shall be forfeited to the person so taking up and posting him; but whenever any number of rams exceeding one, shall go at large, or out of the owner's inclosure, by his sufferance, at the same One forfeiture time, and from the same inclosure, a single forfeiture only shall be only shall be inrecoverable; and in such case, there shall be a forfeiture of one only of said rams, to be selected by the person who shall have found and taken up the same; and after the expiration of said five days, the Rams not forfeitrest of said rams shall be considered as stray beasts in the posses-ed with as strays. sion of such person, and shall be proceeded with and disposed of as such, according to law.*

curred.

ed to be proceed

TITLE LVI.

AN ACT RELATING TO SHERIFFS.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

chosen, &c.

SECTION 1. That the persons who were elected to the office of Sheriffs, how sheriff, in the several counties, on the first Monday of April, 1863, shall, unless legally removed, hold and exercise said office until the first day of June, 1866; and that on the first Monday of April, 1866, and on the first Monday of April, in every third year thereafter, there shall be a sheriff chosen, for each county in the state, in the manner prescribed by the act relating to electors and elections; and the votes given for sheriff, in accordance with the provisions of said act, shall be counted and declared, and triplicate lists thereof shall

The word "suffer" here implies consent. If owner restrains ram with the care usually taken by prudent farmers in such case, owner not liable, though ram escape from inclosure. Selleck v. Selleck, 19 C. R. 501. What does not amount to a selection, under this section. Watson v. Watson, 14 C. R. 188.

Who shall be

how notified, &c.

be made, certified, sealed up, and returned, in the manner prescribed by said act; and said votes shall be canvassed in the manner prescribed by the constitution for canvassing the votes for governor and other state officers.

SECT. 2. The person who shall be found, on such canvass, to have declared elected, received the greatest number of votes for the office of sheriff, in any county, shall be declared sheriff of such county, by the canvassers of said votes; and the secretary of this state shall, within three days after such declaration, give notice of their election, by mail, to the several persons so declared to be elected sheriffs; and said persons shall hold and exercise the office of sheriff, for the term of three years from and after the first day of June next thereafter, each in the county for which he is declared to be elected; but the general assembly, next in session after said choice is declared, may revise the decision of the canvassers, and decide ultimately on the correctness and legality of their doings, and on all questions which may arise in regard to such election.

Proceedings if no

rality.

SECT. 3. If, in any county, no person shall have received a greater person has a plu- number of votes for sheriff than any other person, but two or more persons shall have received an equal number of votes for said office, greater than the number given for any other person, then the secre tary, treasurer, and comptroller, shall give public notice of the fact, by publishing the same immediately, with the names of the persons receiving such equal number of votes, in one or more newspapers published in such county, or if there is no newspaper published in such county, in one or more newspapers published in an adjoining county; and the next general assembly shall, on or before the second week of its session, proceed to choose a sheriff from the said persons who received said equal number of votes; but if either of said persons shall have deceased, said assembly may choose any elector of such county, and the person so chosen shall hold and exercise the office of sheriff of such county, for the term of three years as aforesaid.*

Vacancies, how lled.

Sheriff to give

sioned.

commis

SECT. 4. Whenever there shall be a vacancy in the office of sheriff, by removal, death, resignation, or otherwise, the governor, for the time being, shall forthwith fill the vacancy, in accordance with the provisions of the constitution.

SECT. 5. Whenever a sheriff is elected, or appointed, he shall, bond, be sworn, before he enters upon the duties of his office, execute a bond, with two or more sufficient sureties, to the acceptance of the person administering the office of governor, payable to the treasurer of the state, and his successors in office, in the sum of ten thousand dollars, conditioned that he will faithfully discharge the duties of his office, and answer all damages, which any person may sustain, by his unfaithfulness or neglect in discharging said duties, and shall also take the oath required of sheriffs by the constitution of the state; and the governor may, at any time, demand of any sheriff a renewal of his bond, with such security as he may judge proper; and on such sheriff's neglect, or refusal, to give such renewal, he may remove him from office; and every person elected, or appointed, and qualified, as aforesaid, shall thereupon receive a commission, from the person administering the office of governor, declaring him so qualified, and authorizing him to execute the duties of said office; and the

*The law of 1838, removing the sheriffs after June 1, 1839, constitutional. Pratt Allen, 13 C. R. 119.

bond given by the sheriff shall be lodged with the secretary of this state, and recorded in the records of the state; and a copy thereof, duly certified by the secretary, shall be admissible in evidence, and without any other proof of its execution.

SECT. 6. The sheriffs, in their respective counties, may execute Power of sheriffs. all lawful writs, processes, and warrants, directed to them, and shall be conservators of the peace, and have authority, with force and strong hand, when necessary, to suppress all tumults, riots, and unlawful assemblies, and to apprehend, without warrant, persons who are in the disturbance of the peace, and to carry them before any justice of the peace, that further proceedings may be had against them, according to law.

power of the

SECT. 7. It shall be lawful for the sheriff to raise the power of May raise the the county, and to command any person to assist him, when neces- county. sary, in the execution of his office; and every person, of sufficient age and ability, who shall refuse, shall forfeit a sum not exceeding thirty-four dollars, to the treasurer of the county where the offense is committed.

militia.

SECT. 8. Whenever great opposition shall be made against the May call out the sheriff, in the execution of lawful process, or there shall be reasonable ground of suspicion that great opposition will be made, he shall have power, with the advice of one or more justices of the peace, to raise the militia of the county, or so many of them as such sheriff and justice of the peace, or justices of the peace, shall judge necessary to remove such opposition; and he may seize and confine all who resist his authority, and exert all the force necessary to enable him to execute such process.

obedience.

SECT. 9. If any commissioned officer, or soldier, when called to Penalty for disthe aid of the sheriff, by virtue of the provisions of the next preceding section, shall neglect, or refuse, to obey his commands, such officer shall forfeit a sum, not exceeding seventy dollars, and such soldier, a sum, not exceeding ten dollars, to the treasurer of the county where the offense is committed; and such officer and soldier shall be responsible to the party injured, for all the damages which he shall sustain by their neglect; and the wages, allowed for such service, shall be one dollar per day to a captain, fifty cents per day to a lieutenant, and thirty-four cents per day to all other persons. SECT. 10. Sheriffs shall receive all writs and processes directed to Duty of sheriffs them, when tendered, and shall execute the same, and make true return thereof, according to the directions therein given; and they shall give receipts for all writs delivered to them to be served, when demanded, specifying the names of the parties, the date of the writ, the time of delivery, and the sum, or thing, in demand, without taking any fee therefor; and if any sheriff shall not duly execute and return the writ, or shall make a false or illegal return thereof, he shall be liable to pay all damages to the party aggrieved; and sheriff's shall not return, in any case, that they cannot do execution.*

*An officer is bound to obey every precept put into his hands for service, which appears to have issued from competent authority, and with legal regularity, without investigating the ground of action. Watson v. Watson, 9 C. R. 140. Nor are any special directions necessary. Welton v. Scott, 4 C. R. 527. No agreement, between parties, will excuse the officer. Derby Bank v. Landon, 2 C. R. 417.

An officer, acting as such, is presumed to have done his duty, until the contrary appears. Ives v. Lynn, 7 C. R. 505; Whittlesey v. Starr, 8 C. R. 134; Booth v. Booth, 7 C. R. 350. Officers' return, prima facie evidence. Dutton v. Tracy, 4 C. R. 79. An officer, having taken property, must, in his subsequent proceedings with it, comply with all the requirements of the law, or show some legal excuse. Jordan v. Gallup, 16 C. R.

in serving pre

cess.