hended; and fuch offender or offenders shall be subject to the fame punifliment, and fhall be dealt with in the fame manner as if the offence with which he, the, or they ftand charged, had been committed within the body of fome county of this commonwealth; and fuch offenders may be tried by a jury of by-ftanders, qualified by law to ferve on juries in capital cafes: Provided alfo, That it fhall Provifo as to the time and may be lawful for the magiftrate committing fuch offender (if the circum- of holding the examin ftances of the cafe shall render it abfolutely neceflary) to appoint the time for ing court. holding a court for the examination of fuch offenders at a more diftant period than the law allows with regard to other criminals, provided the fame be held within thirty days after the commitment of the prifoner. a

Where the proof is not fufficient to convict the offender, he may be bound to his good be haviour.

Certain offences com. mitted by citizens againft the commonwealth or its citizens out of the jurifdiction thereof may be enquir ed into and tried in general count,

VI. WHERE fufficient proof fhall not appear to the court before whom fuch offender fhall be examined, to convict him or her of the charge, it hall and may be lawful for fuch court (if the circumstances of the cafe thail, in the opinion of the court require it) to bind fuch offender to his or her good behaviour, in fuch fum and for fuch time as the faid court shall judge reasonable. a VII. ALL high treasons, mifprisions, and concealments of high treafons and other offences against this commonwealth, (except piracies and felonies on the high feas) committed by any citizen of this commonwealth, in any place out of the jurifdiction of the courts of common law in this commonwealth, and all felonies committed by citizen againft citizen in any fuch place other than the high feas, thall be enquired into, heard, determined, and judged in the general court, in the fame manner as offences committed within the body of a county are triable in a district court; and fuch as fhall be convict of any fuch offence, hall fuffer fuch pains, penalties, judgment, and execution, as if they had been attainted and convicted of fuch offence done within the body of a county. b VIII. ALL and every ftatute and ftatutes, act and acts, claufe or claufes Repealing claufe thereof, within the purview of this act, (except as hereinafter provided) shall be, and are hereby repealed: Provided always, that nothing in this act contained shall be construed to repeal the faid statutes or acts, for fo much thereof as relates to any offence within the purview thereof, committed or done before the commencement of this act.

Provifo.

IX. THIS act shall commence and be in force, from and after the paffing Commencement of this thereof.

aa.

CHAP. CXXXVII.

An All for preventing Trefpaffes; declaring what shall be deemed a lawful Inclofure; for preventing Infection of Horned Cattle, and Loffes from Drivers thereof paffing through the Commonwealth.

BE

[Paffed the 26th of December, 1792.]

fence.

I. E it enacted by the General Affembly, That if any horfes, mares, cattle, hogs, theep, or goats, fhall break into any grounds being inclofed What thall be a lawful with a strong and found fence, five feet high, and fo clofe that the beafts breaking into the fame, could not creep through, or with an hedge two feet high, upon a ditch three feet deep, and three feet broad, or inftead of fuch hedge, a rail fence of two feet and an half high, the hedge or fence being fo clofe that none of the creatures aforefaid can creep through, which fhall be accounted a lawful fence, the owner of fuch horfes, mares, cattle, hogs, fheep, or goats, or any one Penalty on the owners of them, fhall for the firft trefpafs fo committed, make reparation to the party of beafts breaking fuch injured, for the true value of the damage he shall fuftain, and for every treipafs afterwards, double damages; to be recovered with cofts, in any court of record: Provided, 'That for a third offence, for any one of the beafts aforesaid Where the party inbreaking into fuch inclofures, it shall be at the election of the party injured, jured, may fue for day to fue for his damages, or to kill and destroy the beasts fo trefpaffing, without mages or deftroy the being answerable for the fame. c

inclosures.

beafts.

How the fence fhall be

IL AND that the condition of the fence at the time the trefpafs committed may be proved to a Jury upon trial, Be it enacted, That upon complaint made viewed. by the party injured, before any juftice of the peace of that county wherein tuch trefpafs shall be, fuch juftice is hereby empowered and required to iffue his order without delay, to three honeft houfe-keepers of the neighbourhood, no ways related to the party injured, nor interested concerning the trefpafs, reciting the

(a) Oa, 1784, ch. 63, Sec. 3, 4 (b) 1786, ch. 46. (c) 1748, ch. 15, fec. 1. M m

1792.

Penalty for hurting beasts in grounds not fufficiently fenced.

Reward for taking up beafts known to have barked fruit trees.

Penalty for taking boats or other veffela.

Bills of health to be produced by perfons driving cattle into or through the common

wealth.

How they are to be obtained,

Proceedings where the cattle are found to be distempered.

Owners of distemper

ed cattle to confine

them, and bury them

when dead.

Drivers of cattle to

274 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH.

complaint, and requiring them to view the fence where the trefpafs is com plained of, and to take memorandums of the fame, and their teftimony in fuch cafe, shall be good evidence to the jury touching the lawfulness of the fence. a

III. IF any perfon damnified for want of fuch fufficient fence, shall hurt, wound, lame, kill, or leftroy, or caufe to be hurt, wounded, lamed, killed, or destroyed, by shooting, hunting with dogs, or otherwife, any of the kind or breed of horfes, cattle, sheep, hogs, or goats, he, she, or they fo offending, shall pay and fatisfy to the owner of the creature fo hurt, wounded, lamed, killed, or destroyed, double damages, with colts; recoverable as aforefaid. a

IV. ALL owners of hories, mares, cattle, and other beafts, which they know to have barked fruit trees, shall keep the fame within their own fenced ground; and if any perfon shall take up any horfe, mare, kine, or other beaft, known by the owner to have barked fruit trees, and shall deliver the fame to fuch owner, he or she shall pay the taker up, two dollars for every fuch beaft fo taken up and delivered; recoverable with cofts, before any juftice of the peace of the county wherein fuch beaft was taken up, or the owner lives: Provided always, That the taker up, shall, if required, make oath before the fame justice, that he took up fuch horfe, mare, or other beaft, and that no means were ufed by himself or any other perfon to his knowledge, to fet the fame at large, otherwise he shall lofe the faid reward. a

V. EVERY person who without leave of the owner shall take away any boat or other veffel, shall, for every such offence, pay ten dollars to the owner thereof, over and above the damage fuch boat or other veel shall futtain, and over and above the charge of bringing back fuch boat or other veffel; to be fecovered with cofts, in any court of record, as aforefaid. And if the perfon fo trefpaffing shall be a fervant, he or she shall make the like fatisfaction, by his or her fervice, when the time due to his or her mafter, or owner, shall be expired. And where there shall be feveral offenders in one trefpafs, every perfon shall be liable for the whole penalty. a

VI. AND be it further enacted, That the driving of cattle into, or through the commonwealth, or any part thereof, if it be not to remove them from one plantation to another of the fame owner, or to be used at his houfe, shall be deemed a nuifance, unless the driver shall produce to any freeholder of a county wherein the drove is paffing, who shall require it, a bill of health, figned by fome juftice of the commonwealth, containing the number of the drove, with defcriptions of the cattle, by their fexes, flesh marks, and ear marks or brands, and certifying them to be free from distemper; or notwithstanding he may produce fuch bill of health, unless he shall forthwith obtain another, at the like requifition, if any freeholder shall make affidavit before a juftice, that he hath caufe to fufpect fome of the cattle to be distempered. Such bill of health shall not be given in either cafe, before two difinterefted freeholders appointed by warrant of a juftice, shall have viewed the cattle, and reported them to be free from distemper. A freeholder refufing to obey fuch warrant, shall be amerced by the juftice granting fuch warrant, in any fum not exceeding five dollars. If the cattle appear by the report to be distempered, the owner may impound them, and if he refuse to do so, or if he fuffer them to escape from the pound, before a justice shall have certified that they may be removed without annoying others, the fame juttice, or tome other to whom information shall be given of the fact, shall by his order, caufe them to be flaughtered, and the carcales with the hides on, but fo cut or mangled, that none may be tempted to take them up and flay them, to be buried four feet deep. Those who shall be employed in executing fuch orders, shall receive eighty-three cents for every head to buried, to be paid by the county wherein it shall happen. And every perfon ap; pointed by the order, who shall refufe or neglect to execute it, shall be amerced in the fum of eighty-three cents for every head fo directed to be buried. Every perfon shall fo retrain his diftempered cattle, or fuch as are under his care, as that they may not go at large off the land to which they belong, and when they die, shall bury them with their hides, in manner aforesaid; and knowingly of fending in either of thefe inftances, shall be amerced in the fum of four dollars for every head they shall neglect fo to bury, b

VII. And be it further enacted, That from and after the paffing of this ad, every driver of nett cattle, shall, immediately after their coming into this comtheir droves and make monwealth, go before the next juftice of the county, and produce to him a tree

produce manifefts of

(a) 1748, ch. 15, fec. 4, 5, 6. (b) 1785, ch. 72, feels.