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SEC. 9. Any person whose beasts are impounded may, if he see Owner may recause, maintain a writ of replevin therefor, to be sued out and prose- plevy. cuted before the justice court of the town where they were im

pounded.

SEC. 10. The writ shall be sued out, served, and returned, and the Proceedings in cause shall be heard and determined, in like manner as other civil such case. actions before a justice court, in all particulars in which a different course is not prescribed.

SEC. 11. The writ shall not be served unless the plaintiff, or some one in his behalf, shall execute and deliver to the officer a bond to the defendant, with sufficient sureties, to be approved by the officer, in a penalty double the value of the beasts to be replevied, with condition to prosecute the replevin to final judgment, and to pay such damages and costs as the defendant shall recover against him, and also to return the said beasts in case such shall be the final judgment; which bond the officer shall return with the writ, to be left with the court for the use of the defendant.

SEC. 12. If it shall appear that the beasts were lawfully impounded, the defendant shall have judgment for such sum as shall be found due from the plaintiff for. the damages for which the beasts were impounded, together with all the legal fees, costs, charges, and expenses, and the costs of the action of replevin; or instead of such judgment the court may in its discretion enter judgment for a return of the beasts to the defendant, to be held by him irrepleviable by the plaintiff, and for defendant's damage for the taking thereof by the replevin, and for his costs of suit. In case the plaintiff in replevin shall not enter his suit in replevin, the defendant may file his complaint before the court, and have judgment against the plaintiff as above provided.

SEC. 13. Whenever the beasts are returned to the defendant pursuant to such judgment, they shall be held and disposed of in like manner as if they had not been replevied.

SEC. 14. If it shall appear upon the default of the defendant or otherwise, that the beasts were taken without sufficient or justifiable cause, the plaintiff shall have judgment for his damages caused by the unjust taking and detaining of the beasts, and for his costs of suit. SEC. 15. Either party may appeal from the final judgment of the court, as in other civil actions tried before a justice court. SEC. 16. Whenever the sum demanded for damages exceeds fifty dollars, or when the property in the beasts is in question, and their value exceeds that sum, or whenever title to real estate is brought in question, the case shall, at the request of either party, be transferred to the court of common pleas in the same county, and be there disposed of in like manner as civil actions before justice courts are disposed of, where title to real estate is brought in question by the pleadings.

SEC. 17. If the aggrieved person shall proceed by action against the owner or keeper of the trespassing beasts, he shall get two disinterested inhabitants of the same town wherein the trespass was committed to appraise the damages, and to give him a memorandum thereof in writing under their hands, which certificate shall be attached to his writ, and shall make an essential part thereof; and under no circumstances shall he recover of the defendant in such action, unless such appraisal and certificate shall be made within ten days of the time such trespass was committed, nor then to a greater amount of damages than the amount named in such certificate.

Bond to be

given before

service of writ.

Judgment in

replevin, how

entered.

Disposition of animals, if judgment for defendant.

Judgment to
be for plaintiff,

when.

Appeal may be

taken.

When cause may be removed to court pleas.

of common

Proceedings in cases of actions for damages against the owner.

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SEC. 18. Nothing in this chapter contained shall be construed to impair the right of any proprietor or occupant of land to recover all the damages which he shall sustain by any cattle, sheep, horses, or hogs breaking into his land, through that part of the division fence between him and the adjoining owner, which it is the right and duty of such adjoining owner to repair, if such part of said division fence shall at the time be out of repair, or not conformable to law.

When animals doing damage may be taken up.

Notice.

Notifications to be set up by town clerk.

Estray to be
kept thirty

days; horse to
have withe,
&c.

Owner may
have estray,
paying
charges, &c.
Differences
may be re-
ferred.

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SECTION 1. If any person shall find any horse, neat beast, sheep, or hog on his land, doing damage, not knowing to whom the same belongs, he may take up such animal as an estray, and within two days thereafter he shall repair to the town clerk of the town in which the same was taken up and give notice thereof.

SEC. 2. The town clerk shall thereupon cause to be made three notifications attested under his hand, setting forth the natural and artificial marks of such animal: one of which notifications he shall cause to be set up in some public place in the said town, and the other two in some public places in the next two towns in the state, and shall also cause such notifications to be published in one of the newspapers printed in the town nearest to that in which such estray shall be taken up.

SEC. 3. Every animal so strayed and taken up shall be kept by the person who took it up, thirty days, and if it be a horse, shall have a withe kept about his neck the whole of said time.

SEC. 4. Any person laying just claim to such animal may, at any time within the thirty days, have the same again, upon paying the just and reasonable charges of keeping, and notifying as aforesaid, over and above the actual benefit derived from the use of the same.

SEC. 5. In case any difference shall arise between the said parties about the charge of keeping such animal, the same may be referred to the justice court within said town, which shall hear and determine the same, and tax costs as in other cases.

SEC. 6. In case no owner shall appear within said thirty days, the

person who took up said animal shall repair to the town clerk, taking with him two electors of the neighborhood, who shall be, by the town clerk, engaged to make a faithful and true appraisal of said animal; and the person who took up said animal shall pay the sum said animal shall be appraised at, after all just charges are deducted, into the hands of the town clerk, failing to pay which, the same shall be sold at public auction, after reasonable notice, under the direction of said town clerk for the payment of said charges, and, in either case, the balance shall be retained for the use of the owner.

SEC. 7. Every person taking up any such animal and not proceeding as is by this chapter required, shall forfeit twenty-five dollars; one half thereof to the use of the town where the offence shall be committed, the other half to the use of him who shall sue for the

same.

Proceedings, owner not appearing within thirty days.

Penalty for not proceeding as here required.

Person taking up may use estray after

notice.

Duties of town

SEC. 8. The person who shall take up any such animal may lawfully use the same during the time it may be in his possession, after he has given notice thereof to the town clerk, as required in the first section of this chapter. SEC. 9. Every town clerk shall keep a fair record of all his proceedings under this chapter, and shall pay all moneys by him re- clerk. ceived for any such estrays, and for which no owner appears, into the town treasury, immediately on receipt thereof; and the town clerk shall be paid for every notice posted up or printed as aforesaid, twenty-five cents; and if no owner appear, and it be appraised and he give a certificate as aforesaid, he shall have twenty-five cents therefor.

SEC. 10. The provisions of this chapter shall not extend to any town where other provisions on this subject are made by law.

When towns excepted, &c.

TITLE XVI.

OF THE INSPECTION AND SALE OF CERTAIN MERCHAN-
DISE.

CHAPTER 99. Of the inspection of beef and pork.

CHAPTER 100. Of the inspection of hides and leather.

CHAPTER 101. Of the inspection of lime.

CHAPTER 102. Of the inspection of fish.

CHAPTER 103. Of the inspection and survey of lumber.

CHAPTER 104. Of the inspection of hoops.

CHAPTER 105. Of the inspection of scythe stones.

CHAPTER 106. Of the inspection of saleratus, soda, and cream of tartar.

CHAPTER 107. Of the measure and sale of grain, meal, salt, and sea-coal.

CHAPTER 108. Of the sale of cotton.

CHAPTER 109. Of thread.

CHAPTER 110. Of cables.

CHAPTER 111. Of the sale of oils.

CHAPTER 112. Of the inspection, sale, and keeping of inflammable and

explosive fluids. ·

CHAPTER 113. Of the weight of neat-cattle.

CHAPTER 114. Of the sale of butter, onions, potatoes, and berries.
CHAPTER 115. Of milk.

CHAPTER 116. Of the sale of firewood and charcoal.

CHAPTER 117. Of the sale of fish for manure.

CHAPTER 118. Of the assay and inspection of liquors.
CHAPTER 119. Of medicines and poisons.
CHAPTER 120. Of hay.

Inspector to give bond.

May appoint

deputies for counties.

Answerable

for, and may remove them.

Deputies may appoint town inspectors.

Vacancy; deputies to con

tinue.

SECTION

CHAPTER 99.

OF THE INSPECTION OF BEEF AND PORK.

1. Inspector to give bond.

2. May appoint deputies for counties,
who shall give bonds.

3. Answerable for deputies; may re-
move them.

4. County inspectors may appoint
town inspectors, who shall give
bonds.

5. Deputies may act, though office of
inspector vacant.

6. Beef and pork to be packed and
inspected.

7. How beef shall be cut and put up.
8. How sorted and divided. Mess,
prime, and cargo beef, defined.
9. How salted.

10. Three qualities of pork, clear, mess,
and prime.

11. Refuse pieces, what.

12. Barrel of pork, how salted and
branded.

13. Casks, how made.

SECTION

14. How branded.

15. Weight of beef and pork to the barrel.

16. Penalty for sale of beef and pork without inspection.

17. Fees for inspection, and certifi

cates.

18. Penalty for alteration of contents of cask inspected.

19. How inspectors shall proceed in packing; penalty for use of weights not sealed.

20. Penalty on deputy or assistant acting outside of town or county for which appointed, and on person assuming functions of.

21. Fees of inspectors and assistants. 22. When inspectors may perform duties in adjoining towns.

23. Penalty on inspectors for fraud. 24. Act for inspection of beef and pork in Providence, not repealed.

SECTION 1. The inspector of beef and pork shall, before entering on the duties of his office, give bond, with sufficient surety, to the general treasurer, in the penal sum of one thousand dollars, for the faithful discharge thereof.

SEC. 2. He may appoint a deputy inspector in each county, who shall be sworn to the faithful discharge of his duty, and shall give bond therefor to the inspector and his successors in office, with sufficient surety, in a penal sum not exceeding five hundred dollars.

SEC. 3. The inspector shall be answerable for the conduct of his deputies, and may remove them at his pleasure.

SEC. 4. The deputy inspector in each county may appoint, in the several towns therein, such number of assistant inspectors as shall be necessary, who shall be sworn to the faithful discharge of their duties, and shall give bonds therefor, with sureties, to the deputy inspector appointing them, in a penal sum not exceeding one hundred dollars. SEC. 5. In case of a vacancy in the office of inspector, the deputy inspectors and their assistants shall continue in office until the next annual election.

Beef and pork

to be packed and inspected.

SEC. 6. No person shall sell, ship, or export for sale from this state, any salted beef or pork, except in casks of the quality and dimensions hereinafter provided, nor unless the contents thereof shall be inspected and packed and the casks containing the same branded, agreeably to the directions in this chapter, unless a special contract be made respecting the same. SEC. 7. All beef put up in casks for sale or exportation shall be How beef shall of fat cattle. It shall be cut in pieces as nearly square as may be, be cut and put which shall not exceed eight pounds weight, nor be less than four pounds.

up.

and divided.

SEC. 8. All beef which the inspector, deputy inspector, or assist- How sorted ant, shall find on examination to have been killed of a proper age, to be fat and otherwise good and merchantable, shall be sorted and divided by him into three different sorts for packing into casks, to be denominated mess, prime, and cargo.

Mess beef shall consist of the choicest pieces of an ox or steer Mess beef. well fatted, not under three years old, and weighing six hundred pounds and upwards; the shin, shoulder clod, and neck shall be taken from the fore quarter, and the leg and leg round from the hind quarter; and each cask containing beef of this description shall be branded on one of the heads with the words " mess beef."

Prime beef shall consist of choice pieces of oxen, steers, cows, and Prime beef. heifers, not under the age of three years, nor under four hundred pounds weight, and to average five hundred pounds weight without any necks or shanks; on one head of each cask containing beef of

this description shall be branded the words "prime beef."

All other fat cattle of two years old and upwards, and all other Cargo beef. parts of cattle that are not above described, which shall be packed, shall be branded on one head with the words "cargo beef."

SEC. 9. Every cask shall be well salted with seventy-five pounds How salted. of clean St. Ubes, Isle of May, Lisbon, or Turks Island salt, or eighty pounds of coarse Liverpool salt, or other salt of equal quality, exclusive of pickle made of fresh water, as strong as salt will make it, for every two hundred pounds weight of beef that each cask may contain, and two ounces of saltpetre for every one hundred pounds of beef.

SEC. 10. There shall be three qualities of pork, distinguished by the name of " clear, "mess," and "prime."

Clear pork shall consist of middling pieces taken from well fatted hogs weighing not less than two hundred and fifty pounds, excluding head, neck, shoulders, legs, the chine bone, the spareribs, the lean and the blades from the back and shoulders.

Three qualities of pork. Clear pork.

Mess pork shall consist of hogs well fatted, weighing not less than Mess pork. two hundred pounds, excluding the head, neck, legs, and shoulders.

Prime pork shall consist of hogs well fatted, of not less than one Prime pork. hundred pounds weight, including in each barrel three shoulders and one head and a half, not weighing more than twenty-four pounds, and excluding no part of a hog not declared refuse.

SEC. 11. The following parts of every hog shall be deemed refuse, Refuse. and shall not be put into any cask of pork inspected, to wit: nose pieces, ears, brains, tails, feet, lard, and faces when separated from the

cheek.

SEC. 12. Each barrel of pork shall be salted and pickled with the same weight of salt and the same kind of pickle as is in this chapter provided for packing and inspecting beef; and each cask, when so inspected and packed or repacked, shall be branded in the same man

Barrel of pork,

how salted and

branded.

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