Their powers.

To receive hue and cries.

To put forth hue

apprehend of fenders.

SECT. 95. Constables shall have the same power within their own towns, to serve and execute all lawful writs, precepts, and warrants, directed to them by lawful authority, as sheriffs have by law within their counties, and shall be liable, in the same manner, for any neglect, default, or misconduct, in their office.*

SECT. 96. Constables shall duly receive all hue and cries, and the same diligently pursue to full effect; and when they are granted or sent out after capital or criminal offenders, such pursuit shall be at the expense of the state; but when they are taken out, by private persons, in their own behalf, at the expense of those who take them

out.

SECT. 97. Constables may put forth pursuits, or hue and cries, and cries, and to after murderers, peace breakers, thieves, robbers, burglars, and all capital or criminal offenders, when no justice of the peace is near at hand; and may also, without warrant, apprehend such as are guilty of profane swearing, drunkenness, or Sabbath breaking, and carry them before the next justice of the peace, to be dealt with according to law; provided they be taken and apprehended in the act, or on present information of others.

May command assistance.

Penalty for neg. lect of duty.

SECT. 98. Constables may command any person or persons to assist them, when necessary, in the execution of the duties of their office; and if any person shall refuse to assist them, having been duly required, he shall forfeit a sum not exceeding seven dollars, nor less than two dollars; which forfeiture shall be to the use of the town where the offense is committed.

SECT. 99. Every person who, upon urgent occasions, shall refuse to aid in raising and prosecuting hue and cries, either on foot or by horse, if need be, against criminal offenders, shall forfeit the sum of seven dollars to the use aforesaid.

Towns to appoint

wo or more

grand jurors annually.

Their duty.

GRAND JURORS.

SECT. 100. Every town, at its annual meeting for the election of town officers, shall choose not less than two, nor more than six grand jurors, to serve for the year ensuing, who shall take the oath prescribed by law.t

SECT. 101. The grand jurors shall diligently inquire after, and make due presentment of all crimes and misdemeanors that shall come to their knowledge, whether committed before or after their appointment to the office; which presentment they shall make to

For the duties and liabilities of constables, see the act concerning sheriffs. Jurisdiction of towns bounded on opposite banks of Connecticut river, extends, for service of process, to centre of channel. Pratt v. State, 5 C. R. 388; Hayden v. Noyes, 5 C. R. 891. Constable attaching property within his precincts, may complete service by leaving copy with defendant out of his precincts. Tomlinson v. Collins, 20 C. R. 364.

† In July, 1643, it was provided that a grand jury of twelve men should be warned to appear at the court in September annually, or as many and often as the governor or court should think meet, to make presentment of the breaches of any laws, or orders, or of any misdemeanors, within the jurisdiction, which should come to their knowledge. In May, 1667, the attendance of a grand jury of at least twelve able men was required, once a year, at the county court in each of the counties. In October, 1668, it was provided that the clerk should summon as many as the court should approve, which should be at least one from every plantation; and in May, 1680, that being once appointed, they should serve twelve months. In 1712, the statute regarding grand jurors was revised, and the main provisions of the present law adopted. In May, 1726, it was made a question before the legislature, whether grand jurors could present for of fenses committed before their appointment, and it was decided that they might. At the revision in 1750, a provision to that effect was incorporated into the act itself.

the court having cognizance of the offense, or to some justice of the peace in the town where the offense is committed.*

sing to accept the

SECT. 102. If any person elected a grand juror shall refuse to Penalty for refu accept the office, and take the oath prescribed by law, unless he can office. render a satisfactory reason to the town meeting, or to the authority before whom he shall be called to take the oath, why he ought not to serve, he shall forfeit the sum of five dollars, to the use of the town treasury, to be recovered by a proper action in the name of the treasurer; and the town shall appoint another grand juror in his place.

lect of duty.

SECT. 103. If any grand juror, after he is sworn, shall neglect to Penalty for negmake seasonable complaint of any crime or misdemeanor committed within the town where he lives, that shall come to his knowledge, he shall forfeit the sum of two dollars for every such offense, one half to him who shall prosecute to effect, and the other half to the use of the town where the offense is committed. SECT. 104. If any town shall neglect or refuse to appoint grand Penalty for neg. jurors, as is required by this act, such town shall, for such every neglect or refusal, incur a penalty of seventeen dollars, to the use of the treasury of the county to which such town belongs; and the attorney for the state shall prosecute for the same.

lecting to appoint grand jurors.

WEIGHERS.

1842.

weighers.

SECT. 105. The inhabitants of the several towns, at their an- Towns may ap nual meeting for the choice of selectmen and other town officers, point public may, by a major vote, appoint two or more persons belonging to said town to be public weighers, who shall, upon accepting such appointment, be sworn to the faithful performance of the duties thereof.

SECT. 106. Every public weigher, upon being requested by the Their duties. owner, or by the person selling, or proposing to sell, any hay, lead, iron, anthracite coal, plaster, or any other heavy or bulky article of merchandise, usually sold by weight, immediately upon its being brought to him for that purpose, shall accurately and carefully weigh the same; and upon being paid his lawful fees, he shall give a certificate under his hand, of the weight thereof, to the owner, or other person bringing the same to be weighed; and if any public weigher willfully neglects or refuses to perform any of the duties im- Penalty for neg posed by this section, excepting in a matter in which he has an interest, he shall forfeit the sum of five dollars; one half to him who shall sue for and recover the same, and the other half to the treasury of the town.

lect.

SECT. 107. The several towns, which may appoint public weigh- Towns may make regulaers as aforesaid, shall at the same meeting make such regulations tions, &c. for the locating, constructing, and inspecting of the scales, and other apparatus to be used by such weighers, as they may deem

* To whom complaint must be made. State v. Bishop, 7 C. R. 181. Grand jurors may not complain of improper voting in ecclesiastical society meetings. Allen v. Gray, de., 11 C. R. 95. May arrest, on sight, persons unlawfully traveling on the Sabbath. Ward e. Green, 11 C. R. 455. May make complaint, after a refusal to take the oath, &c. Flymouth e. Painter, 17 C. R. 585. Acts of grand juror de facto cannot be collaterally questioned on the ground that he is not grand juror de jure; grand juror de facto is one who, without being by law absolutely entitled to exercise the duties of grand juror, los exercise them under color of appointment or election to that office. Plymouth v. Painter, 17 C. R. 535; Douglass v. Wickwire, 18 C. R. 489; Smith v. State, 19 C. R. 493.

Penalty for giv.

certain cases.

necessary for the public protection and convenience, and shall prescribe such tariff or rate of fees to be paid to said weighers as they may deem just and reasonable, not exceeding twelve and one half cents for each load or weighing, to be paid one half by the seller and one half by the purchaser; or may, by a major vote of those present, delegate to the selectmen the powers and duties specified in this section; and the regulations and rate of fees so established shall be recorded in the town records, and shall not be changed during the time for which such weighers are appointed.

SECT. 108. If any public weigher, duly appointed under the ing certificate in provisions aforesaid, shall give a certificate of the weight of any merchandise in the selling, buying, or, ownership of which he has any interest, direct or remote, he shall forfeit the sum of five dollars, one half to him who shall sue therefor and prosecute his suit to effect, and the other half to the treasury of the town.

1854.

to have

by a public

weigher.

SECT. 109. If any person selling any lead, iron, anthracite coal, Fine for refusing plaster, or any other heavy or bulky articles of merchandise, usually goods weighed sold by weight, shall, upon the request of any purchaser of any of said lead, iron, anthracite coal, plaster or any other heavy or bulky article, who shall offer to pay for the weighing of the same, refuse or decline to have the same weighed by a public weigher in the town where said purchaser resides, the said person so selling shall forfeit for each refusal and neglect as aforesaid the sum of five dollars, one half to him who shall sue for and recover the same, and the other half to the treasury of the town where said purchaser resides.

CHAPTER III.

OF THE INTERNAL POLICE OF TOWNS.

CANADA THISTLES.

Towns may

SECT. 110. Every town shall have power to make such regulamake regulations tions, as it may judge proper and expedient, to destroy or prevent to destroy them the spreading of Canada thistles.

Same subject.

Penalty for sell.

SECT. 111. Every owner, or possessor of lands, shall cut or mow down all the Canada thistles growing thereon, or in the highway adjoining the same, so often as to prevent their going to seed; and if any owner or possessor of land shall suffer any such thistles to grow thereon, or in the highway adjoining the same, and the seed to ripen, so as to cause or endanger the spreading thereof, he shall forfeit the sum of five dollars for every offense, to him who shall prosecute the same to effect; and any person may enter on the lands of another who shall neglect to cut or mow down such thistles, and may cut or mow down such thistles, and shall not be liable to be sued therefor.

SECT. 112. Every person who shall knowingly vend any grass ing the seed of seed, in which there is any seed of the Canada thistle, shall pay ten dollars, to the use of any person who shall prosecute to effect.

the thistle.

DOGS.

rules, relating to

SECT. 113. Any two justices of the peace, in any town, may Two justices of make all such rules, orders, and regulations, whenever they shall peace may make judge the inhabitants of the state or their property to be in danger, dogs, &c. for the confining, restraining, killing, or destroying of dogs belonging to or found in their respective towns, as they shall judge reasonable for the effectual security of such inhabitants or their property, and such rules, orders, or regulations, shall be published, and a notification of the same set up in writing in three of the most public places in such town wherein the same shall be made, and in not less than one place in each school society therein. And when such rules, orders, or regulations shall be so made and published, all persons shall conform thereto; and every person who shall violate any of such rules, orders, or regulations, shall forfeit the sum of seven dollars, one half to him who shall sue for the same and prosecute his suit to effect, and the other half to the treasury of the town in which such offense shall be committed; and all dogs which shall not be confined and restrained agreeably to such rules and orders, so made and published, may be killed by any person. But nothing Dogs may be herein shall be construed to prevent any person from killing any killed. dog found mad, or justly suspected to be mad, or that shall be found doing mischief or attempting to do the same, when alone, out of the possession of his owner, and distant from the care and control of any person having the charge of such dog.

Towns may ex

&c.

SECT. 114. The inhabitants of the several towns, in legal meeting 1833. assembled, may exercise the powers conferred upon the two justices ercise the powers of the peace by the preceding section, and may also offer a bounty of the justices, for the destruction of any dog that shall not be kept in conformity with all legal regulations for keeping, taxing, licensing and restraining dogs.

Dogs to be regis

SECT. 115. The owner or keeper of any dog, three months old, 1864. 1865. and upwards, within the limits of this state, shall cause such dog to tered in office of be registered and numbered in the office of the town clerk, in the town clerk. town where such owner or keeper resides, on or before the first day of September, in each year; and such town clerk shall register and number the same, and record the description of the size and color of said dog, in a book kept for that purpose, for which he shall receive a fee of fifteen cents, to be paid by the owner of said dog, and every such dog shall be presumed to be owned by the owner or occupier of the premises on which such dog is kept or harbored.

by the owners of

SECT. 116. Every such owner or keeper shall pay to such town Sum to be paid clerk, for the benefit of the treasury of the town, the sum of two dogs for registerdollars for every male dog, and the sum of five dollars for every ing. female dog so registered and numbered, and shall cause a collar to be put around the neck of such dog, with the registered number and the owner's name distinctly marked thereon; and any person, killing or maiming any such dog, without justifiable cause, shall be liable for the reasonable value of such dog. But any person may kill any dog, whether registered and numbered, or not, that shall be found killing or worrying any sheep or lambs; and the selectmen shall cause every such dog to be killed.

1865. Town clerk to pay money to

SECT. 117. Every town clerk shall, without unnecessary delay, pay the moneys he may receive from time to time, under the provisions of the preceding section, to the town treasurer; and if he shall will- treasurer.

fully and fraudulently withhold any such money from said treasury, or shall willfully neglect, for thirty days after the twenty-first day of July, 1865, to pay the treasurer the money he has received under the law approved July ninth, 1864, he shall be punished by a fine not exceeding two hundred dollars, to be recovered in an action brought upon this statute, in the name and for the use of the town. SECT. 118. The selectmen of each town shall, on or before the fifteenth day of October, annually, post written or printed notices in one or more conspicuous places in each school district therein, directing the owner or keeper of any dog not registered and numbered, either to kill such dog, or to cause him to be registered and numbered, within twenty days after the date of such notice; and every owner or keeper, who shall neglect or refuse, either to kill, or to cause his dog to be registered and numbered within said twenty days, shall pay a fine of seven dollars to the treasurer of the town in which such owner or keeper resides, and in default of payment thereof, shall be committed to the common jail in the county, for a period of thirty days.

SECT. 119. If the selectmen shall neglect or refuse to post the notices required by the preceding section, they shall forfeit the sum of fifty dollars, one half to him who shall sue therefor and prosecute his suit to effect, and the other half to the treasurer of the town in which such selectmen reside.

SECT. 120. Every owner or keeper, who shall place upon his dog a collar, falsely indicating that he has been registered and numbered, shall forfeit the sum of seven dollars to the treasurer of the town.

SECT. 121. The first constable of every town shall cause every violation of the one hundred and eighteenth and one hundred and twentieth sections of this act to be prosecuted, and for each and every neglect or refusal to perform this duty he shall forfeit the sum of seven dollars to the treasurer of the town.

SECT. 122. Whenever any person, resident in this state, shall sustain any damage to his sheep or lambs, by reason of their being killed or injured by dogs, he may give information of the fact to one of the selectmen of the town in which such damage was done, within twenty-four hours after he has knowledge of the same, and thereupon said selectmen shall estimate the amount of said damage, and, unless the owner or owners of the dog or dogs shall pay said damage to the owner of said sheep or lambs, said selectmen shall commence a suit in the name of the treasurer of such town against such owner or owners if residing within the limits of such town; but if said owner or owners shall not be residents of the town in which the damage was done, then said selectmen shall institute a suit against the town or towns where such owner or owners reside, unless such owner or owners, or such town or towns shall, on notice, pay to the treasurer of the town where such damage was done, the amount of such damage and the reasonable expenses attending the

same.

SECT. 123. Whenever any sheep or lambs shall have been damaged by two or more dogs at the same time, kept by two or more persons, the owners or keepers of such dogs shall be jointly and severally liable to the owner of such sheep and lambs for such damage; and if such owners reside in different towns, such towns shall be jointly and severally liable for said damage.

SECT. 124. All moneys collected under the provisions of the one hundred and sixteenth, one hundred and eighteenth, one hundred