found, out of the enclosure of its owner or keeper, worrying, wounding, or killing any neat-cattle, sheep, lamb, horse, hog, or fowl, not the property of its owner.

SEC. 7. If any person, or any member of such person's family, shall be assaulted by any dog, out of the enclosure of its owner or keeper, or if any person shall have reason to believe that any dog will, out of such enclosure, probably do any injury to his person, family, or property, and shall make complaint, under oath, thereof, to any trial justice, or to the clerk of a justice court, in the county, such justice or clerk shall issue a summons to the owner or keeper of such dog, to appear before the justice court, having jurisdiction of the case; and if, on examination, the justice court shall believe that such assault is proved, or that the complainant has reasonable grounds for his fears, it shall so adjudge, and shall give written notice thereof to the owner or keeper, and such owner or keeper shall forthwith confine or kill said dog; and if he neglect to kill him or keep him confined, he shall forfeit the sum of ten dollars, to be recovered to the use of the town, and thereafter any person may kill said dog. And if, after such notice, such dog shall wound or injure any person, or shall, elsewhere than on its owner's or keeper's premises, worry, wound, or kill any neat-cattle, sheep or lamb, geese or fowl, or do any other mischief, the owner or keeper shall be liable to pay to the person injured treble damages therefor, with costs. And in all cases of complaints, under this section, recognizance shall be given for costs, and the fees and costs shall be the same as in other cases of complaints before justice

courts.

SEC. 8. Every owner or keeper of a dog shall cause a particular description of such dog, embracing all the natural and artificial or accidental marks of such dog, to be registered in the town clerk's office of the town where he resides, in a book to be kept for that purpose, and shall pay to the town clerk fifteen cents for his fees for every such registry; and any person may kill, or cause to be killed, any dog going at large not so registered; and whenever the description or marks of any dog are substantially changed, he shall be registered

anew.

SEC. 9. Nothing in this chapter shall be so construed as to repeal any ordinances concerning dogs, not inconsistent with the provisions hereof, which have heretofore been passed by the town councils of the several towns, or the city councils of any cities.

SEC. 10. The town of New Shoreham shall be exempted from the provisions of sections four, five, and eight of this chapter.

SEC. 11. Every owner or keeper of a dog, of what age soever, shall annually, in the month of April, cause such dog to be registered, numbered, described, and licensed, from the first day of the ensuing June, in the office of the clerk of the city or town wherein he resides; and shall cause it to wear a collar around its neck, distinctly marked with its owner's name, and with its registered number; and shall pay to such clerk, for such license, one dollar and fifteen cents for a male dog, and five dollars and fifteen cents for a female dog; and all licenses granted under the provisions of this chapter shall be valid in every town during the then current year.

SEC. 12. Every owner or keeper of a dog of what age soever, may, in the month of May in any year, have such dog licensed as aforesaid, upon paying to such clerk two dollars and fifteen cents for a male dog, and six dollars and fifteen cents for a female dog.

SEC. 13. Every person who shall become the owner or possessor

of a dog, of what age soever, after the last day in May in each year, and prior to the first day of April following, shall cause the same to be registered, numbered, collared, and licensed, within thirty days after he becomes such owner or possessor, upon the payment of one dollar and fifteen cents for a male dog, and five dollars and fifteen cents for a female dog.

SEC. 14. The clerk shall issue the license and receive the money therefor, and pay the same into the treasury of the town or city, retaining therefrom, for his own use, fifteen cents for each license; and the treasurer shall keep a separate account of all sums received and paid out by him, under the provisions of this chapter.

SEC. 15. The town sergeant of every town, and such special constables as the town council of each town may appoint annually in the month of April, shall ascertain and make a list of the owners or keepers of dogs in such town or city, and return such list to the clerk on or before the last day of May, who shall receive from the town treasury the sum of twenty cents for each dog so listed; and the clerk shall, within two weeks thereafter, furnish to the town sergeant, and to each special constable so appointed and sworn, a list of all dogs licensed for the current year, and a list of those not licensed, with the name of the owner or keeper thereof, and shall also post such lists in at least three public places in the town or city, or publish the same in such other manner, as the town or city council may direct.

SEC. 16. The town of New Shoreham, at its annual meeting, may decide whether the provisions provided for in the sections of this chapter following section ten shall or shall not be enforced in the said New Shoreham.

SEC. 17. Whoever keeps or harbors a dog, of what age soever, contrary to the provisions of this chapter, shall be fined ten dollars, to be recovered by complaint and warrant, one half thereof to the use of the complainant, and one half thereof to the use of the school fund of the town or city wherein such dog is kept; and it shall be the duty of the special constable so appointed and sworn, to make complaint on or before the last day of July in each year, and to prosecute the same to final judgment, against every person keeping a dog, of what age soever, contrary to the provisions of sections eleven and twelve of this chapter, and named in said list of those owning or keeping dogs not licensed, excepting those whom the council may direct that no complaint be made against, on account of their removal from the town or city. And such special constables so appointed and sworn may, at any time during the current year, make complaint and prosecute the same to final judgment, against any person owning or keeping a dog contrary to the provisions of section thirteen of this chapter. And such special constable, so appointed and sworn, shall not be required to give surety for costs, upon making, or in the prosecution, of such complaints.

SEC. 18. Any person may, and every such special constable so appointed, and police officer and constable, shall kill or destroy, or cause to be killed or destroyed, all dogs going at large and not licensed and collared according to law; and for each dog so killed, destroyed, and buried, he shall be entitled to receive from the town or city treasurer the sum of two dollars.

SEC. 19. Whoever wrongfully removes the collar from the neck of a dog registered and collared according to the provisions of this chapter, or steals a dog so registered and collared, shall be fined not exceeding twenty dollars, or imprisoned not more than thirty days,

Penalty for removing collar or stealing dog.

Town and city councils to appoint appraisers of damages done by dogs;

mode of appraising damage;

damages, how paid.

Owner of dog liable for damage done, &c.

Penalty on offi

to be recovered by complaint and warrant, one half thereof to the use of the complainant, and one half to the use of the school fund of the town or city where such dog is kept.

SEC. 20. Each town or city council shall, annually, in the month of April, appoint one or more suitable persons appraisers, who shall be sworn to the faithful discharge of their duty, to appraise the damage that may be done to any owner of any sheep or lambs, cattle, horses, hogs, or fowls, suffering loss by reason of the biting, maiming, or killing thereof, by any dog, and to give a statement thereof in writing, under their hands, to the owner suffering such loss. And such owner, suffering loss as aforesaid, shall, within two days after such loss shall come to his knowledge, notify the appraiser so appointed and sworn, living nearest to him in the town wherein such owner resides, of such loss, and said appraiser shall, on receipt of twenty cents per mile travel, and the sum of one dollar, from such owner, appraise the damage and give a statement thereof in writing under his hand to such owner, and shall tax the above said fees thereon, and said owner shall, within thirty days thereafter, present to the town council of the town where such damage is done the appraisal thereof, and thereupon the town council of such town shall draw an order on the treasurer of such town for the amount of such appraisal and fees, or for such other amount, as they in their discretion, after careful examination, may deem just. And each town treasurer shall annually, on the fifteenth day of August, pay all such orders in full, if the gross amount then received by such town under the provisions of this chapter, after deducting all sums previously laid out under such provisions, is sufficient therefor, otherwise the treasurer shall divide such amount, after deducting as aforesaid, pro rata among said orders, and the payment thereof shall be in full discharge of such orders. And should any money acquired under the provisions of this chapter remain in any town treasury, after payments provided for herein, the treasurer shall, within ten days thereafter, pay over the whole of such money so remaining, to the school fund of such town, for the support of the free schools therein.

SEC. 21. Upon drawing an order as provided in the next preceding section, the town may recover against the keeper or owner of any dog concerned in doing the damage, the full amount of the damage done by his dog and costs of appraisal, in an action of the case, to be brought by the town treasurer. Should the person suffering loss avail himself of the provisions in this and in the preceding section, he shall not be entitled to maintain a suit for damages against the owner or keeper of the dog.

SEC. 22. Every person appointed under the provisions hereof who cers for neglect shall qualify himself to act, and every town clerk, and every town to perform duty. council who shall wilfully neglect to perform any of the duties imposed upon him or them by the provisions hereof, shall forfeit one hundred dollars, to be recovered by indictment, for the use of any person who shall complain for the same.

Town and city councils to inquire and report whether officers have

SEC. 23. It shall be the duty of each town and city council, annually, in the month of September, to ascertain and report whether the town clerk and treasurer of such town, and all persons appointed under the provisions of this chapter, have or not faithfully performed performed their the duties imposed upon him or them; and in case of neglect, shall duty. state in such report what person appears to have been guilty of such neglect, and in what respect; which report such council shall cause to be published as soon as may be, two successive weeks, in some newspaper published in this state.

made after

SEC. 24. Nothing in this chapter shall be so construed as to pre- Saving of clude any person from making complaint after the last day of July. complaints SEC. 25. The clerks of the several towns shall annually, in the July. month of March, post up notices in five or more public places in the Town clerks to several towns, giving notice to the people thereof of the time and post up notices place for issuing the licenses provided for in the eleventh and twelfth annually. sections of this chapter.

SEC. 26. Whenever any owner of any sheep or lamb, cattle, horse, hog, or fowl, suffering loss by reason of the biting, maiming, or killing thereof, by any dog, shall notify the appraiser, as provided in the twentieth section hereof, he may require such owner, and any other person, to be sworn before him, touching such loss, and when so sworn, to answer orally or in writing, as to any facts or circumstances relating to such loss, and the special constable may administer such oath..

Appraisers may swear and exants of dam

amine claim

ages.

amendable.

SEC. 27. Every defect in any action, complaint, and warrant, in- Defects in prodictment, or other proceeding commenced and prosecuted under the ceedings provisions of this chapter, either of form or substance, may be amended either by the justice court, or other court, before which the action, complaint, warrant, or indictment is originally brought, or may be pending.

SEC. 28. All money remaining in any town or city treasury on the twenty-fifth day of March in any one year, which shall have remained in said treasury for one year, received from the owners or keepers of dogs, for licenses, shall be paid over and credited to the school fund of such town or city, for the use of the public schools

thereof.

Moneys received for lischool fund.

censes to go to

SECTION. 1. Every person who shall take, kill, or destroy any lark, robin, wood duck, grey duck, or black duck, between the first day of February and the first day of September; or any snipe between the first day of May and the twentieth day of September; or any grass plover, between the first day of February and the first day of August; or any grouse, or heath-hen, between the first day of January and the first day of November; or any quail between the first day of February and the fifteenth day of October; or shall, within the respective times aforesaid, sell, buy, or have in his posses

Certain birds
to be killed or
sold, only at
certain seasons.

Penalty.

Swallow or box martin, when.

Penalty for shooting birds on another's land, between Feb. 1st and Sept. 1st.

Penalties, how to enure; limitation of ac

tions.

Penalty for shooting, &c.,

birds other than game

birds and water

fowl, on land of

another.

Limitation of actions.'

Penalty for killing or sell ing woodcock,

quail, and partridges, except, &c.

Penalty for shooting, &c.,

certain birds off one's own land.

sion any of the said birds, taken or killed as aforesaid, shall forfeit, for each such bird, two dollars.

SEC. 2. Every person who shall take, kill, or destroy any swallow or box martin, between the first day of May and the first day of October, shall forfeit for every such bird, two dollars.

SEC. 3. Every person who shall, between the first day of February and the first day of September, shoot at or kill any bird, upon land not owned or occupied by himself, and without permission from the owner or occupant thereof, shall forfeit and pay to the owner or occupant thereof five dollars for the first offence, and ten dollars for every subsequent offence, in addition to the damage sustained.

SEC. 4. All forfeitures recovered by virtue of the first or second sections hereof shall enure to the complainant, and all actions for the recovery of the same shall be commenced within three months from the commission of the offence, and not afterwards.

SEC. 5. Every person who shall shoot at, kill, ensnare, entrap, or destroy, on land not owned or occupied by himself, and without permission from the owner or occupant thereof, any bird except game birds and water fowl, or wilfully destroy the nests or eggs of any birds, shall forfeit and pay to the owner or occupant thereof five dollars for the first offence, and ten dollars for every subsequent offence, in addition to the damages sustained.

SEC. 6. All actions for the violation of the next preceding section shall be commenced within ninety days from the commission of the offence.

SEC. 7. Every person who shall take, kill, or destroy any woodcock, between the first day of March and the twentieth day of July, or any quail or partridge between the first day of March and the fifteenth day of October in each year, or shall, within said times, sell buy, or have in his or her possession any of the said birds taken or killed as aforesaid, shall forfeit, for each of said birds, five dollars.

SEC. 8. Every person who shall, except upon his own land, shoot at, kill, entrap, or destroy any bird, not a game bird, except birds of prey, shall forfeit, for every such bird, ten dollars.

Penalty for killing rabbits

and hares, except, &c.

For killing,

&c., by use of

ferrets or weasels.

SECTION 1. Every person who shall take, kill, or destroy any rabbit or hare, between the first day of February and the first day of September in each year, shall forfeit the sum of five dollars, for each and every rabbit or hare so taken, killed, or destroyed.

SEC. 2. Every person who shall take, kill, or destroy any rabbit or hare by the use of the ferret or weasel, shall be imprisoned in the county jail ten days, for every such offence.

SEC. 3. Every person who shall have in his possession any ferret