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and all grants and conveyances for preventing such lands from coming to or devolving upon the person or persons to whose use and benefit the said lands would so enure, shall be deemed fraudulent and of no effect, except as against purchasers in good faith, and without notice of the illegality of such mortgage or other conveyance.

TITLE IX.

CHAPTER 44.

ing billiard table,

SEC. 15. If any person shall keep, or knowingly suffer to be kept, Penalty for keep. in any house, building, yard, garden, or dependency thereof, by him ac- or gaming house, tually used or occupied, any table for the purpose of playing at bil- &c. liards for hire, gain or reward, or shall, for hire, gain or reward, suffer any person to resort to the same, for the purpose of playing at billiards, cards or dice, or any other unlawful game, every person so offending shall, for each and every such offence, forfeit a sum not exceeding one hundred dollars, and shall further recognize, with sufficient sureties, in such reasonable sum as the court shall direct, for his good behavior, and especially that he will not be guilty of any offence against the provisions of this chapter for the term of one year then next ensuing.

SEC. 16. If any person shall keep, or knowingly suffer to be kept, Penalty for keepin any house, building, yard, garden, or dependency thereof, or in any ing nine-pin alfield, by him owned or occupied, any nine-pin alley, or any alley to be ley, &c. used in the playing of nine-pins, or any other like game, whether to be played with one or more balls, or with nine or any other number of pins, for hire, gain or reward, or shall, for hire, gain or reward, suffer any person to resort to the same for the purpose of playing at any such game, every such person so offending shall, for every such of fence, forfeit a sum not exceeding fifty dollars, and shall further recognize for his good behavior, in like manner as is required of a person convicted of any offence mentioned in the preceding section.

cases.

shall issue to ar

SEC. 17. If any person shall play at billiards, cards, dice, nine-pins, Penalty for playor any other unlawful game, at any such table or alley, kept or used ing in certain as mentioned in the two last preceding sections, he shall forfeit a sum not less than two dollars, nor more than ten dollars for each offence. SEC. 18. If any person shall make oath before any justice of the When warrant peace, that he suspects, or has probable cause to suspect, that any rest persons house or other building is unlawfully used as and for a common gafound playing in gaming house, ming house, for the purpose of gaming for money or other property, &c. and that idle and dissolute persons resort to the same for that purpose, such justice, whether the names of the persons last mentioned are known to the complainant or not, shall issue a warrant, commanding the sheriff or any constable to enter into such house or building, and there to arrest all persons who shall be there found playing for money, or otherwise, and also the keepers of the same, and to take into their custody all the implements of gaming there found, and to bring the said persons and implements before such justice to be dealt with according to law.

CHAPTER 44.

OF THE LAW OF THE ROAD AND THE REGULATION OF PUBLIC CARRIAGES.

SECTION 1. Whenever any persons shall meet each other on any Persons meeting bridge or road, traveling with carriages, wagons, carts, sleds, sleighs, with carriages, &c., to turn to the right.

25

TITLE IX. CHAPTER 44.

Penalty, &c., for ding section.

or other vehicles, each person shall seasonably drive his carriage or other vehicle to the right of the middle of the traveled part of such bridge or road, so that the respective carriages, or other vehicles aforesaid, may pass each other without interference.

SEC. 2. Every person offending against the provisions of the previolating prece ceding section, shall for each offence forfeit a sum not exceeding twenty dollars, and shall also be liable to the party injured for all damages sustained by reason of such offence: Provided, that proceedings shall be commenced for the recovery of such forfeiture within three months after the offence shall have been committed, and any action for such damages shall be commenced within one year after the cause of action shall have accrued.

Penalty for em. ploying driver addicted to drunkenness.

Owner of conch,

&c., to discharge

driver, on notice

toxicated.

SEC. 3. No person owning, or having the direction or control of any coach, or other carriage or vehicle running or traveling upon any road in this state, for the conveyance of passengers, shall employ, or continue in employment, any person to drive such coach, carriage, or other vehicle, who is addicted to drunkenness, or to the excessive use of intoxicating liquors; and if any such person shall violate the provisions of this section, he shall forfeit at the rate of five dollars per day for all the time during which he shall have kept such driver in such employment.

Sec. 4. If any driver, whilst actually employed in driving such coach, carriage or vehicle, shall be guilty of intoxication, it shall be of his being in the duty of the owner or person having the charge or control of such coach, carriage, or other vehicle, on receiving written notice of the fact, signed by any passenger who witnessed the same, and certified by him under oath, forthwith to discharge such driver from such employment; and every person who shall retain, or have in such service, within six months after the receipt of such notice, any driver, who shall have been so intoxicated, shall forfeit at the rate of five dollars per day for all the time during which he shall keep any such driver in such employment after receiving such notice.

Driver running

misdemeanor,

&c.

SEC. 5. No person driving any carriage or vehicle for the conveyhorses, guilty of ance of passengers for hire upon any road or highway in this state, with or without passengers therein, shall run his horses, or cause or permit them to run, upon any occasion, or for any purpose whatever; and every person who shall offend against the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or both, at the discretion of the court.

for leaving hor

SEC. 6. It shall not be lawful for the driver of any carriage used Penalty on driver for the conveyance of passengers for hire, to leave the horses attached ses unfastened. thereto, while any passenger remains in or upon the same, without making such horses fast with a sufficient halter, rope or chain, or without some suitable person to take the charge and guidance of them, so as to prevent their running; and if any such driver shall violate the provisions of this section, he shall forfeit a sum not exceeding twenty dollars; but no prosecution shall be commenced therefor after the expiration of three months from the time of committing the offence.

Owners of carri

SEC. 7. The owners of every carriage running or traveling upon age liable for in- any turnpike road or public highway, for the conveyance of passenpersons in their gers for hire, shall be liable, jointly and severally, to the party injured, employ. in all cases, for all injuries and damages done by any person in the

Juries done to

CHAPTER 45-6.

employment of such owners as a driver, while driving such carriage, TITLE IX. to any person, or to the property of any person, whether the act occasioning such injury or damage be wilful, negligent or otherwise, in the same manner as such driver would be liable.

CHAPTER 45.

OF THE FIRING OF WOODS AND PRAIRIES.

&c., how pun

SECTION 1. Every person who shall wilfully or negligently set fire wilfully setting to any woods, prairies, or grounds, not his own property, or shall tire to woods, wilfully or negligently permit any fire to pass from his own woods, ished. prairies, or grounds, to the injury or destruction of the property of any other person, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court; and shall also be liable to the party injured in double the amount of damages sustained.

SEC. 2. Whenever the woods and (or) prairies in any township Duty of justices, shall be on fire, so as to endanger property, it shall be the duty of the &c., in extinjustices of the peace, the supervisor, and the commissioners of high- guishing fires. ways of such township, and each of them, to order such, and so many of the inhabitants of such township, liable to work on the highways, and residing in the vicinity of the place where such fire shall be, as they shall severally deem necessary, to repair to the place where such fire shall prevail, and there to assist in extinguishing the same, or in stopping its progress.

Penalty for refu

SEC. 3. If any person shall refuse or wilfully neglect to comply with such order, he shall forfeit a sum not less than five, nor more sing compliance than fifty dollars.

with the order.

CHAPTER 46.

OF TIMBER AND LUMBER FLOATING UPON WATERS, OR CARRIED UPON
-ADJOINING LANDS.

SECTION 1. Whenever any logs, timber, boards or planks, in rafts or otherwise, shall be drifted upon any island in any of the waters within this state, or upon the bank or shore of such waters, the owner of such logs, timber or lumber may, at any time within one year, remove the same, on paying or tendering to the owner or occupant of the land such reasonable damages as may have been caused by reason of such removal, and if the owner shall not, within the said year, make such payment or tender, and take such logs, timber or lumber from such lands, unless he and the owner or occupant of such lands shall

How owner of

timber, &c., may reclaim the same, of neglect.

and consequence

TITLE IX. CHAPTER 47.

Penalty for destroying marks on timber, &c.

Possession of defendant when

otherwise agree, the same shall be deemed the property of such owner or occupant of the lands.

SEC. 2. Whoever shall unlawfully cut out, alter or destroy, any mark of the owner, made on any logs, timber, or lumber, put into any lake, river, stream or pond, he shall forfeit a sum not exceeding ten dollars, for each log, stick of timber, or piece of lumber, the mark of which he shall have so altered, cut out or dstroyed; and shall be liable to the party injured in three times the amount of damages.

SEC. 3. In any suit under the provisions of the preceding section, presumptive evi- if such logs, timber or lumber, shall be found in the possession of the dence of guilt. defendant, with the marks cut out, altered or destroyed, it shall be considered presumptive evidence of his guilt, and the burthen of proof shall be upon him to discharge himself.

Liability of person converting logs, &c.

SEC. 4. Whoever shall convert to his own use, without the consent of the owner thereof, any logs, timber, boards, or planks, floating in any of the waters of this state, or lying on the banks or shores of such waters, or or any island where the same may have drifted, except as in this chapter provided for, shall be liable to the owner thereof in treble the amount of damages.

CHAPTER 47.

goods, &c., how given.

OF LOST GOODS AND STRAY BEASTS.

SECTION 1. When any person shall find any lost money, or lost Notice of finding goods, if the owner thereof be known, he shall immediately give notice thereof to such owner; if the owner thereof be unknown, and such money or goods be of the value of three dollars or more, the finder shall, within two days, cause notice thereof to be posted in two public places within the township where the same were found; and shall also, within seven days, give notice thereof in writing to the township clerk of such township, and pay him twenty-five cents for making an entry thereof in a book to be kept for that purpose.

Ib.

Taking up stray animals.

Notice to owner, and entry on

SEC. 2. If the money or goods so found be of the value of ten dollars or more, and the owner thereof be unknown, the finder thereof shall also, within one month after such finding, cause notice thereof to be advertised in some newspaper in the same county, if one be published there, and if not, then in some newspaper published in an adjoining county, and continued therein for six successive weeks.

SEC. 3. It shall be lawful for any resident freeholder of any township in this state, to take up any stray horses, mules or asses, by him found going at large in such township, beyond the range where such horses, mules or asses usually run at large; and also to take up, between the months of November and March, any stray neat cattle, sheep or swine by him found going at large therein, beyond the range where such animals have usally run at large.

SEC. 4. Such finder shall immediately give notice thereof to the owner of any such animal, if known to him; but if the owner theretownship book, of be unknown, such finder shall, within ten days, cause notice thereof to be entered with the township clerk, in such book as aforesaid,

containing a description of the color, age, and natural and artificial marks of such animals, as near as may be, and the name of such finder, and shall pay such clerk twenty-five cents for entering the same; and shall also cause such notice to be posted up in two of the most public places in such township.

TITLE IX.

CHAPTER 47.

newspaper.

SEC. 5. If the owner of any such animal or animals shall not, with- When notice to in one month, appear and reclaim them, and such animal or animals be published in taken up at the same time shall be of the value of ten dollars or more, the finder shall cause such notice to be published in a newspaper in the same county, if one be published there, and if not, then in a newspaper published in an adjoining county, and continued therein for six successive weeks.

beasts.

When owner,

SEC. C. Every finder of lost goods or stray animals, of the value of Appraisal of lost ten dollars or more, shall, within three months, and before any use goods and stray shall be made thereof, procure an appraisal of the same to be made and certified by a justice of the peace of his township, which appraisal he shall, within said three months, cause to be filed with the township clerk; and he shall pay to such justice fifty cents for such appraisal and certificate, and six cents for each mile necessarily travelled by him in such service, and to the clerk six cents for filing the certificate. SEC. 7. If the owner or person entitled to the possession of any wc. to have res such money or goods, other than stray animals, shall appear at any titution. time within one year after such entry with the township clerk, and make out his rights thereto, he shall have restititution of the same, or of the value thereof, upon his paying all the costs and charges aforesaid, together with a reasonable compensation to the finder for keeping and taking care of the same, and for his necessary travel and expenses in the case; which charges shall, in case of disagreement between the owner and finder, be determined by some justice of the peace of the township, who shall certify the same.

with finder, and

lue.

SEC. 8. If no owner or person entitled to the possession of the When goods, &c. same shall appear in one year, then such lost money or goods shall shall remain remain to the finder, he paying one half of the value thereof to the township entitled treasurer of the township, according to said appraisement, after de- to one-half of vaducting from such value all the fees and charges aforesaid, to be determined and certified by a justice of the peace as aforesaid; and upon the neglect or refusal to pay the said half of the value, the same shall be recovered by the township treasurer, in an action of debt or on the case.

titution of stray

SEC. 9. If the owner or person entitled to the possession of any When owner, such stray beast, shall appear within six months after such entry with &c., to have resthe township clerk, and shall make out his right thereto, he shall have beasts. restitution of the same, upon paying all lawful charges as before provided in the case of lost goods.

SEC. 10. If such owner or person entitled to the possession of the Sale of stray same shall not appear and make out his title to the animals, within beasts, and disthe said six months, such animals shall be sold at the request of the ceeds. position of profinder, by any constable of the township, at public auction, upon first giving notice thereof in writing, by posting up the same in three of the most public places in such township at least ten days before such sale, and the finder may bid therefor at such sale; and the moneys arising therefrom, after deducting all the lawful charges aforesaid, and the fees of the constable, which shall be the same as upon a sale on execution, shall be deposited in the treasury of the township.

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