is made to the selection of inhabitants of that town for such service in any case, then selection may be made of any three resident voters in the county of Newport.

SEC. 8. If the parties shall not agree to submit the case to arbitrators, or if the case is submitted and either party is dissatisfied with the decision of the arbitrators, then the case may be decided in an action at law, to be commenced and prosecuted as the circumstances may require, unless the same shall be a matter within the exclusive jurisdiction of the courts of the United States.

SEC. 9. No owner or other person interested in any such property, shall be held to pay to any person other than the said commissioner, any charge for services or expenses in taking or securing the property, unless it be for property taken or secured before the arrival of the commissioner; in which case the commissioner shall, upon due hearing of all parties interested, determine the compensation to be received as aforesaid, and any party dissatisfied with the award of said commissioner, may appeal therefrom to the next term of the court of common pleas to be holden in said county of Newport, where the party so aggrieved shall have a hearing of said case, which shall be final. Provided, he shall, within five days after the rendition of such award of said commissioner, pay costs and give bond before said commissioner, to the other party, with sufficient surety or sureties, to prosecute such appeal with effect, or in default to pay costs.

SEC. 10. If any person shall, after the arrival of the commissioner, take, detain or intermeddle with any property shipwrecked or found as aforesaid, except under the direction of the commissioner, or of the owner or agent or other person interested, he shall forfeit not more than one thousand dollars for each offence, to be recovered in the name of the commissioner, owner, agent or other person interested, to his own use.

SEC. 11. The commissioner, as soon as may be after his arrival at the place where any wreck or goods shall be found, shall publish the particulars of the shipwreck and of the goods found, with such other material facts as he shall ascertain, in the newspapers printed in the city of Newport, in order that knowledge thereof may be given as soon as possible to the owner, agent or person interested; and if the commissioner shall neglect so to do, he shall forfeit fifty dollars, to be recovered by an action at the suit of the owner, agent or other person interested, to his own use.

SEC. 12. The commissioner may dispose of so much of the property by public auction, within thirty days after taking the same into his custody, as shall be sufficient to pay all duties thereon which he shall have paid, or for which he shall have become liable to the custom-house.

SEC. 13. When such property is of a perishable nature, and may be much reduced in value by keeping it for one year, and no owner, agent or other person interested therein shall appear to claim it within sixty days after it shall have been taken into the custody of the commissioner, he shall advertise the said property

in the public newspapers in the city of Newport, and shall sell the same by auction to the best advantage.

SEC. 14. If no owner, agent or other person interested in such property shall appear within one year after it shall have been taken into the custody of the commissioner, and establish his claim thereto, the commissioner shall present to the general treasurer of the state an inventory of the property, or if sold, an account of all the sales, with an account of all the moneys paid by him for duties. on the property, and for the expenses of securing and preserving it; and he shall make oath to the truth of such inventory and accounts, and shall pay and deliver to the said general treasurer the balance of such accounts, with all the said property remaining in his hands, for the use of the state.

SEC. 15. The general treasurer may make the commissioner such compensation for his services and expenses as shall be just, to be ascertained, in case of disagreement between the commissioner and general treasurer, in the same manner that is before provided for the adjustment of the like question between the commissioner and the owner of the property.

SEC. 16. If the said commissioner shall, for the space of sixty days after the expiration of the year herein before limited for his accounting with the general treasurer, neglect to present to the general treasurer the inventory and accounts before mentioned, and to pay and deliver the balance due thereon, together with all the said property remaining in his hands, the said general treasurer shall cause a suit to be commenced in his name therefor, for the use of the state, and shall prosecute the same to final judgment and execution.

SEC. 17. In case said commissioner shall be absent from the island, or shall be unable, from sickness or other cause, to attend to the duties of his aforesaid office, he may and is hereby authorized to appoint some other person in the said town of New Shoreham to act in his stead as such commissioner while such absence or inability shall exist. The person so appointed or authorized shall be clothed with all the rights and powers which said commissioner has under this chapter; for which the said commissioner shall be as fully responsible as if such acts were performed by himself.

CHAPTER 87.

OF SEA-WEED.

SECTION
1. Sea-weed, when it may be taken from
the public beach in Barrington, by
whom, and in what quantity.

2. No person except an inhabitant of
Barrington allowed to take sea-weed
from such beach.

SECTION

3. Penalty for unlawfully taking seaweed from such beach.

4. Penalty for unlawfully removing seaweed from shores of Dutch Island.

SECTION 1. The inhabitants of the town of Barrington may, at all times, between the rising and setting of the sun, take up and carry off from the public beach in said Barrington, extending west from Hyde's Hole to land of the heirs of John Watson, with their teams, carts or wagons, not exceeding two loads of sea-weed each in any one day: Provided, that no person shall take more than one load of sea-weed in any one day, until all who shall have repaired to said beach with their teams shall have obtained one load each.

SEC. 2. No person other than an inhabitant of the town of Barrington shall be permitted to take or carry off from said beach any sea-weed, in any manner whatever.

SEC. 3. Any person who shall take or carry off from said beach any sea-weed contrary to the provisions of the preceding sections, shall forfeit ten dollars for each and every load of sea-weed so carried off; one half part thereof to the use of the person suing for the same, and one half part thereof to the use of the town of Barrington.

SEC. 4. Any person who shall unlawfully take or remove from the shores of Dutch island, in Narragansett bay, any sea-weed, rock-weed, or any other sea manure, shall forfeit five dollars for every cart load so taken, to any person who shall sue for the

same.

TITLE XV.

Provisions respecting Mills, Fences, Pounds, and of Animals at large, damage feasant, and stray.

CHAPTER 88. Of water-mills.

CHAPTER 89. Of windmills.

CHAPTER 90. Of tolls at grist mills.

CHAPTER 91. Of fences.

CHAPTER 92. Of pounds.

CHAPTER 93. Of the distraint of animals going at large.
CHAPTER 94. Of the distraint of animals damage feasant.
CHAPTER 95. Of estrays.

SECTION 1. Where any person has set up, or shall set up, any water-mill upon his land, or upon the land of another with his

consent, the owner of such mill may continue and improve the pond and keep up the dam thereof on his land for his advantage, without molestation.

SEC. 2. Any person aggrieved or injured by the flowing of the pond raised by such dam, or by the stopping or raising of the water either above or below said dam, or by the backing of water under his land, or by the flowing out of any fall of water in his land by means of such dam, may commence an action on the case before the court of common pleas in the county in which such dam is, against the owner of the dam, or any precedent owner thereof; a copy of which writ shall be left by the officer serving the same in the office of the town clerk of the town in which such dam is; and the mill and mill-dam complained of, together with all their appurtenances and the land under and adjoining the same, shall thenceforth be pledged and liable for the damages which may be recovered in such action.

SEC. 3. Whenever it shall be adjudged by said court that the plaintiff in any such action is entitled to damages, the defendant shall have the right to appeal from said judgment to the supreme court, upon the same terms and conditions as appeals are allowed in other cases; and in like manner the plaintiff may appeal whenever said court shall adjudge that he is not entitled to damages: Provided, that such appeal be claimed within five days after the rendition of such judgment, or during the same term of said court, if said term shall not continue five days, by filing an appeal bond as in other cases.

SEC. 4. Whenever any plaintiff in any such action shall recover a final judgment for damages against the defendant, whether in the court of common pleas or in the supreme court, the court rendering the same, or any justice of the supreme court, in the vacation of such court rendering said judgment, shall cause to be issued by the clerk of said court a writ of venire to the sheriff of said county or his deputy, to return twelve good and lawful men of the same county to meet at a time and place appointed in such venire, in order to ascertain the amount of such damages.

SEC. 5. At the time and place appointed by such writ, some one justice of the court issuing the same, not interested in the cause, shall attend said jurors; shall engage them to a faithful and impartial discharge of their duty; shall swear all witnesses produced by either party before them; shall decide all questions of law that may arise incidentally in the trial, and may charge the jury upon the law, after the parties have submitted their evidence and arguments to them. If all the persons summoned as jurors do not appear, or are excused, such judge may issue a venire to fill up the panel.

SEC. 6. Such jury shall appraise the damages which the plaintiff shall have sustained by the matters of complaint set forth in his writ and declaration, from the time of his ownership of the premises injured up to the date of the writ, if the defendant has been so long owner of the mill-dam or pond; if not, then from the