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sect. 16. The clerks of the several county courts shall, within twenty days after the rising of their said courts, make out a list of all fines, penalties, forfeitures and judgments, which shall accrue to the benefit of the county, to the treasurer; who shall charge the same to the attorney for the state in such county; and it shall be the duty of such attorney to render an account of all fines, forfeitures and judgments in his hands, and to pay over all the money by him received, for the county, to the treasurer thereof, when thereto required, and at least once in each year; for which he shall be allowed a commission of two and one half per cent. sect. 17. It shall be the duty of the clerks of the county courts to account for, and pay over to the treasurers of the counties, all monies received by them as court fees, for the trial of any cause or causes. sect. 18. And unless otherwise expressly disposed of by law, all fines, forfeitures and penalties, imposed on any person, by the superior court, for any matter of delinquency, shall belong to the state treasury; if by the county court, to the county treasury; and if by a justice of the peace, to the treasury of the town wherein the offence is committed. sect. 19. Where a penalty or forfeiture is imposed in a qui tam suit, part of which is appropriated to the use of the state or county treasurer, it shall be the duty of the attorney for the state to collect and pay it over accordingly ; and he may obtain execution, in the name of the treasurer of the state or county, for the part belonging to them, if the plaintiff in such qui tam suit, in the opinion of the court, cannot be safely intrusted with the collection of the money. sEct. 20. The treasurer of each town, shall have power to receive all the money belonging to the town for taxes, fines, forfeitures, debts or otherwise ; and shall pay out the same, to the order of the town or select-men. And he shall make an annual statement of the receipts of money into the treasury, and the expenditures, which shall be adjusted by the select-men, and laid before the town, at their annual meeting. And it shall be the duty of the town-treasurer to call on the justices of the peace in the town, for an account of the fines, penalties and forfeitures, which shall be received on judgments by them rendered, at least within one year after judgment is given, and receive the same for the use of the town.

Clerks of county courts to make out a list of fines, &c.

To pay over court fees.

Disposition of fines, &c.

In qui tam suits.

Duties of town treasurers.

Forfeiture for cutting timber.

Action, by whom to be brought.

Forfeiture for carrying away bay-berries.

Proviso in favor of persons acting through mistake.

TITLE 104. Trespasses.
CHAP. I.

An Act for detecting and punishing Trespasses, in divers cases, and directing proceedings therein.

Bo it enacted by the Senate and House of RepSECT. 1. - resentatives, in General Assembly convened, That no person shall cut, fell, destroy, or carry away any trees, timber or underwood, standing or lying on the land of any other person, or on land sequestered for town commons, or on any common and undivided land in any town, without licence of the owner or owners, on pain that every such person so felling, destroying, or carrying away the same, and all that shall be aiding and assisting therein, shall pay to the party injured, one dollar and sixty-seven cents, for every tree of one foot diameter; and for all trees of a greater dimension, three times the value thereof, besides one dollar and sixty-seven cents; and eighty-four cents for every tree or pole under one foot diameter; which damages shall be recovered in an action of trespass. And when the trespass is committed on common and undivided lands, the action shall be brought in the name of the proprietors; and when on sequestered lands for town commons, the action shall be brought in the name of the inhabitants of the town where the lands lie. And the proprietors of common and undivided lands. and the inhabitants of towns, are hereby empowered, in lawful meetings, to appoint agents or attornies, in their names, to prosecute any person or persons that shall be guilty of a breach of this act.

sect. 2. Every person or persons, who shall gather, destroy or carry away any bay-berries, standing and growing on another's land, without leave from the owner, and all who are aiding and assisting therein, shall pay treble damages to the party injured, and fifty cents for every bushel so gathered, and at that rate, for a greater or less quantity.

sect. 3. Provided, that when the court before whom the trial shall be had, shall be satisfied that the defendant was guilty through mistake, and believed the timber or bay-berries, were growing on his own land, they shall render judgment against him for no more than the true value thereof.

sect. 4. If any person shall, wittingly and unlawfully, throw down, or leave open any bars, gates, fence or fences, belonging to any particular enclosure, or common field, he or they shall pay to the party injured, double damages, and forfeit a sum not exceeding five dollars, according to the nature and aggravation of the trespass; to be recovered in an action of trespass. sect. 5. Every person, who shall set fire on any land that shall run upon the land of any other person, shall pay to the owner all the damages done by such fire. sect. 6. If the plaintiff, in any of the actions aforesaid, shall make oath, that the trespasses charged in the declaration, were committed; that he suspects the defendant committed the same; and shall produce evidence to render it highly probable : he shall be entitled to recover the penalties and damages aforesaid, unless the defendant will acquit himself on oath, and testify that he did not do the facts, or any of them, charged in the declaration, and was not aiding and assisting therein; which oath such court is empowered to administer: and in such case, the court shall render judgment in favor of the defendant to recover double costs. sect. 7. If any person shall wilfully commit a trespass upon any bridge over any river, creek, or tide-waters, in this state, by removing or destroying any of the stone, wooden-work, or other materials belonging to such bridge; or shall remove or destroy any stone, wood, or earth, which may be placed for the security or preservation of any such bridge; such person shall, on conviction, pay treble damages to the town, corporation, or proprietors owning such bridge, and a fine not exceeding seven dollars, for the use of the treasury of the county in which such trespass may be committed. sect. 8. If any person shall catch any shell-fish, that may grow either on the stone or wooden work of an bridge, or on any stone or wood which may be placed to preserve the same, without the liberty of the town, corporation, or proprietors owning such bridge, be first had in writing, such person shall pay a fine not exceeding seven dollars, for the use of the treasury of the county in which the facts complained of are committed. sect. 9. If any person or persons shall pull down, break, or deface any mile-stone, post-guide, or other monument for the direction of travellers; or any railing, which may by law be erected on any causeway, or public road, for the safety of travellers; such person or persons shall pay to the town, corporation, or proprietors owning such mile-stone, post-guide, other monument, or railing, treble damages, and a fine not exceeding seven

Double damages and forfeiture, for throwing down fence.

Damages done by fire.

Mode of proof

Trespass to bridges, &c.

Treble damages for, and fine.

Shell-fish about bridges, not to be taken without liCelace.

Penalty.

Defacing milestones, &c.

Penalty.

Trespasses in night, may be punished by imprisonment.

Certain trespassers not paying judgment within thirty

days, may be committed to the workhouse.

Proviso.

Logs, &c. ta-
ken up on
Connecticut
or Ousatonnic
rivers, to be
secured, &c.

Disposing of
logs, &c. found
floating, in
less than six
months, pro-
hibited.
Penalties.

dollars, for the use of the town where the offence is conmitted. sect. 10. If any of the trespasses before mentioned in this act, be committed by any person in the night season, who, on conviction, shall refuse or neglect to pay the fines imposed, by virtue of this act, the court before whom such conviction is had, shall cause the delinquent so refusing or neglecting, to be imprisoned for a space of time, as the nature of the offence may require, not exceeding sixty days. sect. 11. Whenever any person shall wilfully, and without color of right, commit a trespass on the lands of another, by cutting or destroying any trees, or carrying away any timber, wood or rails; or by destroying or taking away growing crops or fruits; the party injured may bring his action of trespass against him, stating such facts; and if, on trial, they shall be found to be true, the court may render judgment against him for damages and costs; and if the defendant shall not pay the same within thirty days after the judgment shall be rendered, he shall be committed to the work-house in the town where he dwells, to be kept at hard labor, not exceeding sixty days, and if there be no work-house in such town, then to the county gaol in the county, there to be imprisoned for a term not exceeding sixty days; and the court shall issue execution accordingly. Provided, that in cases where any persons thus committed, shall be unable to pay the expense of their support in prison, the same shall be paid by the plaintiff; and if such person shall pay such execution, costs, and expenses, he shall be released from the work-house or gaol. SEct. 12. When any person or persons shall take up any logs, timber, shingles, or staves, floating, or floated, down ë. o: rivers, the logs and timber being fairly marked, and the shingles and staves bundled up, he shall seize, bind, or well secure the same; and within one week next after his or their taking up, stopping and seizing the same, enter the same, with the kind, bigness, length and marks of the logs and timber, the number of bundles, and the kind of shingles and staves, and by whom taken up, and the places where they lie, with such clerk or clerks where strays and lost goods are by law to be entered ; and shall let such logs, timber, shingles and staves lie, without disposing thereof, or any ways desacing the marks thereon, full six months after the first entering the same ; on penalty of forfeiting and paying to the owner or owners of such logs, timber, shingles or staves, to wit, the sum of one dollar and sixty-seven cents for every log or other stick-of timber not exceed

ing thirty feet in length, and double the value of such
shingles or staves; and thirty-four dollars for every log
or other stick of timber, which exceeds, thirty feet in
length. And every person or persons taking up, safe se-
curing, and entering any logs, timber, shingles or staves,
shall be entitled to a fee of twenty cents, for taking, seiz-
ing and entering any log or stick of timber, not exceed-
ing thirty feet in length, and the same sum for every
bundle of shingles or staves; four cents and two mills
whereof shall be allowed and paid to the clerk for enter-
ing the same ; and seventy cents for every log or stick of
timber, which exceeds that length, four cents and two
mills whereof to be paid to the clerk as aforesaid.
sect. 13. And no owner or owners of such logs, tim-
ber, shingles or staves, shall take away any such logs,
timber, shingles or staves, taken up, secured and entered
as aforesaid, until he has paid the fees aforesaid, on pen-
alty of forfeiting and paying to him or them, that took up,
secured and entered the same, as aforesaid, the sum of
one dollar and sixty-seven cents for each log or stick not
exceeding thirty feet in length, and the value of the shin-
gles and staves so taken up, secured and entered, as afore-
said, and seventeen dollars for each log or stick of tim-
ber above thirty feet long. -
sect. 14. And if no owner appear to challenge, and
make out his claim thereto, within six months next after
the entry thereof, it shall and may be lawful for him or
them that took up, secured and entered the same, to dis-
pose thereof to his or their own use, without being ac-
countable to the owners thereof.
sect. 15. And when any dispute shall arise, in any
action brought on this act, it shall and may be lawful for
the court, or justice of the peace, before whom the trial
may be, to proceed to examine the parties under oath,
and all other evidence produced; and to make up such
judgment therein, as to them or him shall appear equit-
able and just.
sect. 16. No person or persons shall stop, take up, or
interrupt, any mast, yard, or spar, which exceeds forty
feet in length, floating down Connecticut river, within
this state, above Middletown, unless authorized thereto,
by the owner, except he or they carry the same into the
cove at Wethersfield. And whoever shall stop, take up,
or interrupt any mast, yard, or spar, contrary to this sec-
tion, shall be liable to double damages that may accrue
to the owner of said mast, yard, or spar, to be by him re-
covered in any court within this state, proper to try the
Saine.

Reward for securing drifts.

Forfeiture for taking them away, when secured.

If no owner appear within six months, to be sold, &c.

Dispute, how to be adjusted.

No mast, &c. which exceeds forty feet in length, afloat in Connecticut river, to be taken up, above Middletown, unless carried into Wethersfield Cove.

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