of sale to be re corded; tion. Amount, &c.. tificate of the appraisers and Trial Justice in all instances of estrays record taken up, where the same shall be returned, and also the certificate of such Trial Justice, of the amount and disposition of the funds arising therefrom; the same being entered in the book of estrays, which shall always be subject to the inspection of any person desiring to examine the same free of charge. 1839, XI,111, §26. Compensation for keeping. Proviso. SEC. 8. As a compensation for keeping and maintaining estrays until the time of sale, it shall and may be lawful for the taker up, at his option, either to put them to moderate labor or use, if a horse, mare or gelding, ass or mule, or to demand and receive therefor such a reasonable allowance as the Court or Trial Justice shall judge adequate: Provided, always, That when any estray shall 1803, V, 466, § 5. have been put to labor or use, the taker up shall be obliged to produce it at the time of sale, unavoidable accidents excepted, in as good order and condition as it was in when appraised; and shall be liable to an action for damages by the owner of any such estray, for any abuse thereof, if the said owner shall claim the said estray within the time prescribed in this Chapter. 1789, V, 138, 34; Unlawful for stone horse to for gelding. 1789, V, 139, 26. SEC. 9. If any person shall willfully suffer any stone-horse, above run at large; fee the age of twenty months, to run at large in the woods, it shall be lawful for any person to catch and geld such horse; and he shall have a right to recover from the owner thereof two dollars and fifty cents for so doing, any law to the contrary notwithstanding. Trial Justice SEC. 10. That if any Trial Justice or Clerk of Court, or person perform duties taking up any estray, shall refuse or neglect to perform the duties prescribed by this Chapter, each and every of them shall forfeit and pay the sum of twenty-five dollars, to be recovered and applied to the use of any person who shall inform and sue for the same, and shall moreover be liable in damages to the party aggrieved. and Clerk to under this Chap. ter; penalty. Ib., 27. Penalty for provisions of this Chapter. 1803, V, 466, § 6. SEC. 11. That each and every person who shall take into his or not pursuing the her possession, any estray, and neglect to pursue the directions of this Chapter, or shall convert to his or her use any such estray, shall be liable to a fine of twenty dollars, to be recovered, upon information, in any Court of record having jurisdiction of the same, in this State, to be given to the informer; and shall also be liable to an action by the owner of any such estray, for damages. CHAPTER LXXII. OF DRIFTED LUMBER AND TIMBER. SEC. 1. Penalties for taking up and selling drifted lumber and timber without accounting for same. Penalties for taking up and lumber. 1853, XII,294,24. SECTION 1. That no person shall take up and sell any drifted selling drifted lumber or timber, not the property of such person, without accounting for the same; and if any person shall take up and sell any drifted lumber or timber, without paying the proceeds to the owner on application, after deducting expenses, such person shall be liable to indictment as for a misdemeanor, and fined and imprisoned at the discretion of the Court. for saving ships, goods, &c., amount to be manner. 1783, IV, 551, 25. SECTION 1. That in case any person or persons not employed by salvage allowed the master, mariners, or owners, or other persons lawfully authorized, in the salvage of any ship or vessel, or the cargo or provision thereof, axed, in what shall, in the absence of the master or mariners or owners, save any such ship, vessel, goods or effects, and cause the same to be carried, for the benefit of the owners, into any port, inlet or place of safety within this State, immediately giving notice thereof to a Trial Justice, such person or persons shall be entitled to a reasonable salvage for such services, to be paid by the master or owners of such vessel or goods; and in case of disagreement about the quantum of such salvage, the same to be adjusted by not less than two neighboring Trial Justices, nor more than three. Trial Justices may employ aid to save in distress; to &e. Justices. Ib., 552, 26. Unclaimed SEC. 2. That when any ship or vessel, or effects, shall be stranded vessels on any part of the coasts of this State, or upon any application of adjust salvage, the commander of any ship or vessel stranded, to any Trial Justice, such Trial Justice shall forthwith summon to his aid one other Trial Justice, and such Trial Justices are hereby required and empowered to give aid, and to employ proper persons for the saving such vessel in distress, or such vessels, goods, or effects, as shall be stranded or cast away, and also to examine persons upon oath, touching or concerning the same, or the salvage thereof, and to adjust the quantum of such salvage, and distribute the same among the persons concerned in the salvage, in case of disagreement Pay of Trial among the parties, or the said persons; and every such Trial Justice, attending and acting for the preservation of any such vessel, or goods, shall be paid three dollars per day for his trouble out of the vessel, goods, or effects, saved by their care or discretion. SEC. 3. If any ship or vessel, goods or effects, shall be stranded, to be taken into or cast on shore, and no person appears to claim the goods which shall be so saved, two or more neighboring Trial Justices shall take the same into their custody or possession, and, as soon as may be, give notice and a schedule, in writing, of the different articles, (such Justices keeping a copy thereof,) to the County Treasurer, and deliver safely all such goods and effects to the said Treasurer or his order, who shall be responsible for the same, and who shall give public notice thereof in the gazettes of this State, for at least eight months, if no claim should be made; and if such goods be not claimed within twelve months after such delivery to the County Treasurer as aforesaid, they are to be publicly sold, (or, if the goods be perishable, to be sold forthwith,) and, after deducting reasonable charges, the residue shall be lodged in the County Treasury, for the use of the State, subject to the claim of the proprietor, his agent or attorney. stranded goods Custody and de livered to Coun ty Treasurer, who shall advertise same, &c. Ib., 8. Entry into stranded vessel may be repelled by force. SEC. 4. That if any person or persons not empowered, shall enter, or try to enter, forcibly on board any ship or vessel stranded or cast away, or in distress, or molest in the preservation thereof, he or Penalty for they may be repelled by force. And if any person or persons shall saved goods. carry away, or secrete, any goods and effects saved as aforesaid, such person or persons shall forfeit and pay treble the value, to be recovered by the owner of such goods, or his agent, in any Court of competent jurisdiction in this State. carrying away Ib., ¿9. Felony to reb vessels in d) SEC. 5. If any person or persons shall plunder, steal, take away, tress or wrecked. or destroy, any goods or merchandise, or other effects, from any ship or vessel belonging to the Prince or public, or to any private subject, of any foreign nation in alliance or neutrality with the United States, or belonging to any citizen of this or any other of the United States, which shall be in distress, or which shall be wrecked, lost, stranded, or cast on shore in any part of this State, (whether any living creature be on board such vessel or not,) or shall make a hole or holes in the bottom of any ship or vessel in distress, or shall take away a pump, or willfully and unlawfully do any mischief tending to the loss of such ship or vessel, or shall take away any of the furniture, tackle, apparel, provision, or part of such ship or vessel, such person or persons so offending shall be deemed guilty of felony. Penal'v. Ib., 35), $ 1. of small value. Ib., 551, 22. SEC. 6. When goods or effects of small value that may be stranded, when goods are shall be stolen, without circumstances of outrage or violence, the offender being convicted thereof, shall forfeit and pay treble the value, to be ascertained by two Trial Justices. Trial Justice to rant for stolen issue search war SEC. 7. It shall and may be lawful for any Trial Justice, on information, upon oath, of any part of a cargo or effects of any vessel lost or stranded on or near the seacoasts, being unlawfully con- goods. veyed or concealed, or of some cause or reasonable suspicion thereof, to issue his warrant for searching for such goods or effects, as in cases of stolen goods; and, if the same be found in any house or other place, or in the possession of any person not legally authorized to have the same, and the person in whose possession the same shall be found shall not immediately, upon demand, deliver the same to the owner or person lawfully authorized to receive them, he or she shall forfeit and pay to the owner or owners of such goods, his or their agent or attorney, treble the value for such refusal. Penalty for retaining. Ib., § 3. informer. Ib. SEC. 8. Any person discovering where any such goods are wrong- Salvage allowed fully bought, sold, or concealed, so that the owner, his agent or attorney, shall regain them, shall be entitled to a reasonable salvage, not exceeding twenty-five per cent. on the value, to be adjusted by the next neighboring Trial Justice, who is hereby required to adjust the same. SEC. 9. If any person or persons shall offer or expose to sale any goods or effects whatsoever belonging to any ship or vessel lost, stranded, or cast on shore, as aforesaid, and unlawfully taken away, or reasonably suspected to have been, then and in every such case it shall be lawful for the person or persons to whom the same shall be so offered for sale, or any Trial Justice, to stop and seize the said goods and effects; and if the person or persons who shall have offered the said goods and effects to sale, or some other person in his or her behalf, shall not, within ten days next after such seizure, make out to the satisfaction of such Trial Justice that they became honestly possessed of them, then the said goods and effects shall, by order of the said Trial Justice, be forthwith delivered over to and for the use of the owner thercof, on proof of his claim, and the Goods unlawfully taken from vessels may be seized and deliv ered to owner. Reward allowed. payment of a reasonable reward, not exceeding five per cent. on the value, for such seizure, (to be ascertained by the said Trial Justice,) to the person who shall seize the same. And he, she or they who Penalty for offered such goods and effects for sale, as aforesaid, shall forfeit and pay to the owner or owners twice the value of such goods, to be recovered according to law. offering for sale. Ib., 4. saulting others by Court. Persons as- SEC. 10. If any Trial Justice or other person acting in the presaving Vessels servation or salvage of any vessel, goods or effects, shall be assaulted, may be punished beaten or wounded, every person or persons so assaulting, beating, or interrupting, shall, upon conviction thereof before the Court of Sessions, receive such punishment as the said Court, in their discretion, shall award. Ib., 552, 87. day Penalty for II, 396, § 2. 2 SECTION 1. That no tradesman, artificer, workman, laborer, or working on Sun- other person whatsoever, shall do or exercise any worldly labor, 1691. II, 69, 1712, business or work of their ordinary callings upon the Lord's Day, (commonly called the Sabbath,) or any part thereof (works of necessity or charity only excepted;) and every person being of the age of fifteen years or upwards, offending in the premises shall, for every such offence, forfeit the sum of one dollar. For selling goods. Ib.. 396, 3. 2 Strob., 5.8. No sports or pastimes allowed on Sunday. [b., 397, 5. SEC. 2. No person or persons whatsoever shall publicly cry, show forth, or expose to sale any wares, merchandise, fruit, herbs, goods or chattels whatsoever, upon the Lord's Day, or any part thereof. upon pain that every person so offending shall forfeit the same goods so cried, or showed forth, or exposed to sale. SEC. 3. No public sports or pastimes, as bear-baiting, bull-baiting, foot-ball playing, horse racing, interludes or common plays, or other games, exercises, sports or pastimes whatsoever, shall be used on the Lord's Day by any person or persons whatsoever; and every person |