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FILING CHATTEL MORTGAGES.

ges, where and

Any mortgage of personal property or a copy Chattel mortgaled in the office of the clerk of any town or city how filed, &c. gor executing the same resides; or in case he is the state, then in the office of the clerk of the re the property mortgaged may be at the time of mortgage; and such clerk shall indorse on such by the time of receiving the same, and shall keep ffice for the inspection of all persons: and such ed shall be as valid as if the same had been office of the register of deeds.

Such clerk shall also enter in a book to be pro- Town clerk to - that purpose, the names of all the parties to such enter names of anging the names of the mortgagors alphabetically, book, &c. herein the time of filing each instrument or copy.

parties in a

affidavit made

thereto.

Every such mortgage shall cease to be valid as when mortgage litors of the person making the same, or subse- to expire unless s or mortgagees in good faith, after the expiration and annexed om the filing of the same or a copy thereof, unless, ays next preceding the expiration of the year, the agent or attorney, shall make and annex to the opy on file as aforesaid, an affidavit setting forth ich the mortgagee has by virtue of such mortgage therein mentioned, upon which affidavit the clerk e time when the same was filed.

continue; new

The effect of any such affidavit shall not continue Effect of affidaar from the time when such mortgage would other- vit; how long to be valid, as against subsequent purchasers or mort- one to be filed. faith; but within thirty days next preceding the such mortgage would otherwise cease to be valid similar affidavit may be filed and annexed, as proreceding section, and with like effect.

in evidence.

A copy of any such instrument, or of any copy Effect of certified ed as aforesaid, including any affidavits annexed copy of mortgage rsuance of this chapter, certified by the clerk in he same shall be filed, shall be received in evidence, the fact that such instrument, copy, or affidavit was - filed, according to the indorsement of the clerk of no other fact.

8. Every such clerk shall be entitled to receive the Fees of clerk. Es for services under the provisions of this chapter:

ding any mark or brand, twelve and a half cents.

g a certificate of the same, twelve and a half cents. each instrument, copy, or affidavit, six cents.

ing the same in a book, six cents.

Like fees for certified copies of such instruments, copies, as are allowed by law for copies of records kept by deeds.

.1858. P. 51.

-91.

&c., may

amage in

DISTRAINING CATTLE DOING DAMAGE.

CHAPTER LI.

OF THE DISTRAINING OF CATTLE DOING DAMAGE.

SECTION 1. It shall be lawful for the owner or occupant of beasts lands to distrain all beasts doing damage within his enclosure, and losure. when any distress shall be made of any beasts doing damage, the person distraining shall keep such beasts in some secure place to be kept other than the public pound, until his damages shall be appraised, and within twenty-four hours after such distress,—unless the same 52, ch. 29. shall be made on Saturday, in which case, before the Tuesday morning thereafter, he shall apply to a justice of the peace, who shall appoint three disinterested freeholders of such town to appraise the damages.

amages

-raised.

ders to in dam

ce.

SECTION 2. Such freeholders shall thereupon immediately nd hear repair to the place, and view the damage done, and they may take the evidence of any competent witness of the facts and circumstances necessary to enable them to ascertain the extent of such damage, for which purpose the said freeholders, or either of them, are hereby authorized to administer an oath to every such wit

cify dam

greement,

e suffiof fence, termine

ness.

SECTION 3. The said freeholders shall ascertain and certify d in case under their hands the amount of such damage, with their fees for their services, not exceeding one dollar per day; and if any disagreement shall arise touching the sufficiency of any fence around the premises where such damage was done, the said appraisers may examine witnesses in relation thereto, and for that purpose may administer oaths to such witnesses, and they shall determine such disagreement, which decision shall be conclusive.

ages, &c., paid,

to be put nd.

master to

cer due

SECTION 4. Within twenty-four hours after the said damages shall be so appraised, unless the amount so ascertained and the fees of the appraisers shall have been paid, the person making such distress shall cause the beast distrained to be put in the nearest pound in the same county, if there be one, and if there be no pound within the county, then in some secure enclosure in the county, there to remain until the same be seized in an action according to law, or sold as hereinafter directed, or until the damages so certified, and the fees of the appraisers and cost of keeping such beasts, be paid; and if said beasts be put in any pound, he shall deliver the certificate of the appraisers to the keeper of such pound.

SECTION 5. The pound masters of the several towns or counties of this state shall receive and keep the beasts so delivered to them, in the public pound, and unless the same shall be seized in an action or discharged according to law within six days, such pound masters shall sell such beasts, or so many of them as shall be necessary, at public vendue, giving two days' notice of such sale by advertisement, to be fixed up at such pound, and at three of the most public places within the town where such sale is to be had: provided always, that the pound

DIS

er, or person kee cient and ap cas, and shall be uch cases.

SECTION 6. If t are such beasts ar enclosure other al be discharged is chapter, with beasts, or so m

at public vendu constable of the e case of constabl Ja or attachment ach beasts shall b daty of the per such beasts, wit

ach owner or own Orner or owners s

County, within th all specify the t distrained, the nu done, if known. SECTION 7. making the same Tees, and the cos sale; and he sh damages so certi ny surplus, the known; if no week thereafter

the

person ma where such sal SECTION 8.

may be paid, i shall keep the the owner of the said mone the owner of two per cent. SECTIONS within one surplus mon treasury of such town. any time th

treasurer.

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DISTRAINING CATTLE DOING DAMAGE.

eeping any such animals, shall furnish them To furnish food, &c., to animals. appropriate food, and take good care of said be paid therefor as part of the fees and costs

of sheriff.

S. L. 1852, ch. 29.

E there shall be no pound within the county If no pound, to are distrained, and the said beasts shall be kept sure, and sold be kept in encloher than the public pound, and unless the same under direction ed in the manner mentioned in the fifth section ithin six days from the time of such distraining, many of them as shall be necessary, shall be due, by or under the direction of the sheriff or the county, after the like notice as is required in able's sale of goods and chattels taken by execut: provided, that if the owner or owners of If owner is - be known to the person distraining, it shall be be notified; what erson so distraining to notify the owner or owners notice must within twenty-four hours after such distraining, if wners shall reside in the same town, and if such s shall not reside in the same town, but in the same three days after such distraining. Such notice e time when and the place where such beasts were number of such beasts, and the amount of damage

known he must

specify.

out of proceeds

of.

Id.

From the proceeds of such sale, the person Costs and damne shall retain sufficient to pay the amount of his ages to be paid ost of keeping such beasts, and the charges of such of sale. How surplus disposed shall pay to the persons distraining such beasts the tified, with the fees of the appraisers; and if there be e same shall be paid to the owner of such beasts if Downer appear at the time of sale or within one er and claim such surplus, the same shall be paid by aking such sale, to the town treasurer of the town ale is made.

Town treasurer

owner demand

same.

5. The several town treasurers to whom any moneys to restrain surin pursuance of the seventh section of this chapter, plus, unless e same for one year from the time of such sale, unless E such beasts shall sooner demand the same. ey shall be so demanded, the same shall be paid to such beasts, the said treasurer deducting therefrom

-. for his fees.

But if Id.

9. If the owner of such beasts shall not appear If not demanded, year from the time of such sale and demand such surplus to be paid into poor ney, the said treasurer shall place the same in the fund. his town, to be expended in support of the poor of Id. Said money to be paid over to the owner thereof, at ereafter, on proper proof being produced to the town

1858.

P. 52.

93.

at large,

in case

up.

2, ch.

CHAPTER LII.

OF DISTRAINING SHEEP RUNNING AT LARGE, &C.

-t suffer- SECTION 2. If the owner of any ram shall suffer him to go
alty at large or out of his enclosure, between the fifteenth day of July
and pro- and the first day of December in the same year, such owner shall
ken forfeit ten dollars to the person who shall take
said ram,
up
for
each time he shall be so found at large or out of the owner's
enclosure and taken up, which forfeiture may be recovered in an
action, in the manner set forth in the first section of this chapter.1
He shall also be liable for any damage sustained by any person
in consequence of such running at large of any such ram; and the
person taking up any ram, if the owner shall not be known, shall
secure and keep the same, and shall, within twenty-four hours
next after taking him up, lodge a certificate with the town clerk
setting forth the marks, natural and artifical, if any such there be,
of which certificate the town clerk shall make a record; and such
person shall post up a certified copy of such record in three of the
most public places in the town where such ram was taken up; for
which record and copy the town clerk may receive twenty cents
from the person lodging said certificate; and if the owner of any
ram taken up and posted as aforesaid, shall, within six days after
such posting, pay or tender the said forfeiture to the person so
taking up and posting such ram, and the said clerk's fees as afore-
said, such ram shall be restored to the owner; but if the owner shall
not pay or tender such forfeiture and costs as aforesaid within the
said six days, such ram shall be forfeited to the person so taking
and posting the same.

1858. -. 67. 22.

ards, if

m necesy pur

CHAPTER LXVII.

OF CEMETERY ASSOCIATIONS AND TOWN CEMETERIES.

OF TOWN CEMETERIES.

SECTION 17. It shall be the duty of the town board of the several towns of this state, on the application of ten freeholders netery of any such town, in writing, at any regular meeting of such board, provided they shall deem it necessary so to do, to purchase in the name of the town, suitable grounds, not exceeding twenty acres,

(1) By the first section of this act the forfeiture may be recovered by action before any justice of the peace of the county where the offense is committed, and when a justice of the peace has not jurisdiction of the amount claimed, then the same may be sued for and recovered in an action in the circuit court with costs.

to be used exc 28. or such portion sary for that purpos

of such size, ar

board shall d the office of the under and by the god and appropria NCTION 18. After

et the town clerk

e name of the town map, upon such te shall prescribe: ot or lots shall be Call be executed Aman of superviso SECTION 19. The all by said board, red by the town grounds, and th necessary expen d for no other purp SECTION 20. Af conveyed as abo

Est interment, shall death of the pro ne or more of such her, or their int the office of the

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sell lots for

exclusively as a town cemetery, which said tion thereof as may from time to time become urpose, shall be surveyed, divided, and plotted Grounds to be e, and with such avenues, alleys, and walks surveyed and as plotted. all direct; and a map of such survey shall be the town clerk, and the ground so purchased the directions of the town board, be enclosed opriate fence, as soon as practicable.1 After such map shall have been filed in the Town board may lerk, as above provided, the town board may, burial purposes. town, sell and convey the lots as designated on ch terms and subject to such conditions as such -ibe: provided, that every conveyance of any all be expressly for burial purposes and no other, ted in the name of the town, and signed by the visors, and attested by the clerk of such town. The proceeds arising from the sale of said lots, Proceeds of sale how expended. ard, be applied to the payment of any debts own in the purchase, fencing, and embellishing d the avenues leading thereto, and in defraying pense in the management and care of the same, purpose.

lot to be inalienable.

After there shall have been an interment in any After interment, above provided, such lot, from the time of such hall forever thereafter be inalienable, and shall on proprietor thereof descend to his heirs, but any such heirs may release to any other of such heirs, interest in such lot, which release shall be filed the town clerk.

er 54, Acts of a general nature of 1858.

board on vote of

grounds, &c.

Section one of chapter thirteen of the general Duty of town entitled "an act to provide for town cemeteries," town meeting to en of chapter sixty-seven of the revised statutes,) is purchase ed so as to read as follows: It shall be the duty of upervisors of the several towns of this state, when y a vote of the electors of the town, at any annual to purchase in the name of such town, suitable xceeding ten acres, for and to be used exclusively Letery, which said grounds, or such portion thereof as me to time become necessary for that purpose, shall divided, and plotted into lots of such size and with alleys, and walks as the said town board shall direct,

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