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SEC. 3. If any person shall fire any musket, rifle, fowlingpiece, blunderbuss or other small arms, not being at the time under military duty, within the following limits, viz: the whole city of Providence excepting the public waters and the public rivers therein; also such parts of the towns of Cranston and Johnston as are contained within the following limits, to wit: beginning on the Pawtuxet road, at the Providence line; thence running southerly on said Pawtuxet road until it comes to the cross road leading to Cranston road; thence northerly and westerly with said cross road and Cranston road until it comes to the road which leads over Rocky-hill to Johnston meeting-house; thence northerly with said last mentioned road until it meets the Johnston road near Johnston meeting-house; thence easterly with said Johnston road until it comes to the line of Providence, to the place of beginning; also within one mile upon land from the State-house in the town of Bristol; and the whole town of North-Providence; except upon land owned or occupied by him, or except on other days than the first day of the week, by permission of the owner or occupant of the land on and into which he may shoot, he shall forfeit and pay the sum of five dollars for the first offence, and ten dollars for every subsequent offence.

SEC. 4. If any person shall sell, offer for sale, enkindle or use, or suffer to be sold, offered for sale, enkindled or used, by his wife, children or servants or other persons whomsoever, any rocket, cracker, squib or other fire-works of a combustible nature ordinarily used for exhibition or amusement, unless he shall previously obtain special license from the town council of the town, and for the purpose of exhibition on a suitable occasion, he shall forfeit and pay the sum of ten dollars for each offence.

SEC. 5. If any person shall fire any gun, rifle, musket or blunderbuss in any road, street, lane or tavern, or other public house, after sun-setting and before sun-rising, he shall forfeit the sum of five dollars for the first offence, and seven dollars for every subsequent offence.

SEC. 6. All forfeitures accruing under this act shall be recovered by action of debt before any justice of the peace in the town where they shall be incurred; one half thereof to and for the use of the state, and the other half to and for the use of the person who shall sue for the same. But no such action shall be sustained unless commenced within thirty days from the time the same shall accrue.

SECTION

An Act concerning Dogs.

1. Town councils authorized to make laws concerning dogs.

2. Town councils authorized to impose a tax on the owners of dogs.

SECTION

3. Owners of dogs to be liable for damages done by them to sheep or cattle. On second judgment, dog to be killed.

It is enacted by the General Assembly, as follows:

SECTION 1. The city council of the city of Providence, and the town councils of the several towns, are severally empowered to make such laws concerning dogs in their respective towns as they shall deem expedient; to be enforced by the destruction of the animal, or by pecuniary penalties not exceeding five dollars, to be recovered by action of debt, to such use as said city council or town council in their respective towns may prescribe.

SEC. 2. The town councils of the several towns are authorized to impose such yearly tax upon every person in their respective towns who shall own or keep any dog, for every dog owned or kept, as they shall judge proper; and also to make such laws to prevent damage being done to flocks of sheep and cattle as they may deem necessary.

SEC. 3. When any person shall have any sheep or cattle worried, torn or killed by any dog, he shall recover his damages against the owner of such dog, in an action on the case, with costs of suit; and if afterwards any damage be done by such dog to any sheep or cattle, the owner of such dog shall pay to the party aggrieved double the damages; to be recovered in like manner as aforesaid, with costs; and an order shall be made by the court before whom such second recovery shall be had, for killing such dog, and the same shall be done accordingly by the officer who shall be charged therewith.

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It is enacted by the General Assembly, as follows:

SECTION 1. The fences herein after described are and shall be adjudged to be lawful fences, to wit: a hedge with a ditch shall be three feet high upon the bank of the ditch, well staked, at the distance of two feet and an half, bound together at the top, and sufficiently filled to prevent small stock from creeping through; and the bank of the ditch shall not be less than one foot above the surface of the ground. A hedge without a ditch shall be four feet high, staked, bound and filled, as a hedge with a ditch. Post and rail fence on the bank of a ditch shall be four rails high, each well set in posts, and not less than four feet and an half high. A stone wall fence shall be four feet high with a flat stone hanging over the top thereof, or a good rail or pole thereon, well staked or secured with crotches or posts; and a stone wall without such flat stones, rails or posts on the top shall be four feet and a half high; and all other kinds of fences not herein particularly described shall be four feet and a half high.

SEC. 2. All partition fences shall run on the dividing line; and the owners shall have the right to place one half of the width thereof on the land of each adjoining proprietor. Such fences shall be kept up and maintained in good order through the year, unless the parties concerned shall otherwise agree. SEC. 3. Partition fences between lands under improvement shall be made and maintained in equal halves in length and quality by the proprietors or possessors of such lands respectively. In case any proprietor of land shall improve his land, the land adjoining being unimproved, and shall make the whole partition fence, the proprietor or possessor of the land adjoining and unimproved shall, upon improvement thereof, pay for one half of such partition fence, according to the value thereof at that time; and shall keep up and maintain the same ever afterwards, whether he shall continue to improve such land or not.

SEC. 4. When any proprietor or possessor of land shall neglect or refuse to repair or re-build any partition fence, or shall withdraw his fence from any division line, the aggrieved party may complain to any fence viewer of such town; who after due notice to such party shall attend and view the same; and if he shall find said complaint to be true, he shall in writing require the delinquent party to repair or re-build the same within such time as he shall therein appoint, not exceeding fifteen days. If such order shall not be complied with, the complainant may repair or re-build the same in the manner set forth in said order, and when the same shall be com

pleted to the satisfaction of such fence viewer, he shall ascertain the costs thereof and give a certificate of the same, including also his fees, to the complainant, who may demand of the party delinquent double the sum in said certificate mentioned. If the same be not paid within one month after demand thereof, the complainant may recover the same in an action on the case for money laid out and expended, with interest at the rate of twelve per cent. per annum.

SEC. 5. Whenever any two persons' lands shall lie together adjoining the water, and each under improvement, the proprietors or possessors thereof shall make and maintain a sufficient water fence to prevent trespass of each others' cattle, in the same manner as other partition fences are directed to be made by this act.

SEC. 6. When any controversy shall arise about the rights of the respective occupants in partition fences and their obligation to maintain the same, either party may apply to a fence viewer of the town where the lands lie; who, after due notice to each party, may, in writing, assign to each his share thereof, and direct the time within which each party shall erect or repair his share of the same; which assignment being recorded in the town clerk's office, shall be binding upon the parties and all succeeding owners and occupants of the lands, and they shall be obliged always thereafter to maintain their respective shares of said fence.

SEC. 7. In all cases where partition fences are erected as one half part of the partition fence between proprietors or possessors of adjoining lands, or where the same may be hereafter erected by the agreement of the parties in interest or other lawful manner, the proprietors of the fences in either of the said cases erected, their heirs or assigns, shall hold and improve the same without molestation; and shall be forever afterwards excused from making other fence on such dividing line in all cases whatever, except by the special agreement of such parties to the contrary; all agreements which shall be made hereafter relating to such partition fences shall be registered in the town clerk's office in the town where such lands shall lie.

SEC. 8. Where the whole or more than one half of any partition fence hath been or shall be made by the proprietor or possessor of the land on one side of the same, the proprietor or possessor of the land adjoining, shall pay to the proprietor or possessor who made such fence where he improves the land adjoining, the value of so much of the fence erected as aforesaid as the same may exceed one half of the fence on

the whole line; and in case of his refusal so to do, the value shall be ascertained by any one fence viewer of the town where such land is situated, on application to him for that purpose; which fence viewer on such application, shall forthwith cite the parties in interest on such dividing line, at a convenient time, to view the fence; shall ascertain the value of the whole, and award the one half of such sum against the proprietor or possessor so refusing, with cost, and divide the whole fence between such parties and make report into the town clerk's office, which division shall be permanent; and if any person against whom report shall be made as aforesaid shall refuse to pay the sum so reported, said sum with cost shall be recovered by the party aggrieved, against such person, by action of debt before any court proper to try the same.

SEC. 9. If any fence viewer to whom complaint shall be made against any person for a breach of this act shall neglect or refuse to do the duty by this act enjoined on him to do, such fence viewer so refusing shall forfeit and pay five dollars for every such neglect; to be recovered by any person who shall sue for the same, before any justice of the peace in the town where such fence viewer shall live.

SEC. 10. Every fence viewer shall be allowed one dollar and a half per day, and in proportion for half a day, or for any less time, for viewing any fence, on complaint made to him for that purpose; which fees shall be paid in the first instance, by the person complaining to him; and in case there shall appear to be good cause of complaint, may be by him. recovered back of the party complained against.

SEC. 11. All tracts of marsh land so situated and exposed to the flow and wash of the sea as to render it impracticable for the several owners thereof to keep up partition fences around their respective shares or lots, shall be exempted from the operation of this act.

SEC. 12. If any person shall permit any cattle, sheep, horses or hogs to him belonging to run upon any such tract of marsh land, the owner of such marsh land shall, for every such trespass, have all the remedies provided in other cases by the act entitled "an act for impounding certain animals in certain cases, and for recovering damages that shall be done by them."

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