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TITLE IV.

CHAPTER 18.

In case of neg lect, &c., party erecting and maintaining

within which each party shall erect or repair his share of the fence in the manner before provided; which assignment, being recorded in the township clerk's office, shall be binding upon the parties, and upon all the succeeding occupants of the lands; and they shall be obliged always thereafter to maintain their respective portions of said fence.

SEC. 6. In case any 'party shall refuse or neglect to erect and maintain the part of any fence assigned to him by the fence viewers, the same may be erected and maintained by the aggrieved party, in the double the value. manner before provided; and he shall be entitled to double the value thereof, ascertained in the manner aforesaid, and to be recovered in like manner.

fence entitled to

When occupant

to him.

SEC. 7. When, in any controversy that may arise between occuto pay for portion pants of adjoining lands as to their respective rights in any partition of fence assigned fence, it shall appear to the fence viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than his just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him to repair or maintain, the value of which shall be ascertainnd and recorded in the manner provided in this chapter. SEC. 8. All partition fences shall be kept in good repair throughout to be kept repair the year, unless the occupants of the lands on both sides shall otherwise mutally agree.

Partition fences

ed through the

year, unless, &c. When lands

bounded or diviand parties disa

ded by river, &c. gree, viewers may be had.

Proceedings of fence viewers.

When lands owned in sever. alty have been occupied in compant may have

mon, any occu

lines divided.

SEC. 9. When lands of different persons, which are required to be fenced, are bounded upon, or divided by, any river, brook, pond or creek, which of itself, in the judgment of the fence viewers is not a sufficient fence, and it is in their opinion impracticable, without unreasonable expense, for the partition fence to be made in such waters, in the place where the true boundary line is, if in such case the occupant of the land on the one side, shall refuse or neglect to join with the occupant of the land on the other side in making a partition fence on the one side or the other, or if such persons shall disagree respecting the same, then two or more fence viewers of the township wherein such lands lie, on application to them made, shall forthwith proceed to view such river, brook, pond or creek.

SEC. 10. If such fence viewers shall determine such river, brook, pond or creek in the preceding section mentioned, not to answer the purpose of a sufficient fence, and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line, they shall, after giving notice to the parties, determine how, or on which side thereof the fence shall be set up and maintained, or whether partly on one side and partly on the other side, as to them shall appear just, and shall reduce such determination to writing, and sign the same; and if either party shall refuse or neglect to make and maintain his part of the fence, according to the determination of the fence viewers, the same may be made and maintained by the other party as before provided in this chapter, and the delinquent party shall be subject to the same charges and costs, to be recovered in like manner.

SEC. 11. When any lands, belonging to different persons in severalty shall have been occupied in common, without a partition fence between them, and one of the occupants shall be desirous to occupy his part in severalty, and the other occupant shall refuse or neglect on demand, to divide with him the line where the fence ought to be built, or to build a sufficient fence on his part of the line when divided, the

party desiring it may have the same divided and assigned by two or more fence viewers of the same township, in the manner provided in this chapter.

pre

TITLE IV.

CHAPTER 18.

When viewers

may assign time for making fence consequence

of neglect.

SEC. 12. Upon the division and assignment as provided in the ceding section, the fence viewers may, in writing, under their hands, assign a reasonable time for making the fence, having regard to the season of the year, and if either party shall not make his part of the fence within the time so assigned, the other party may, after having completed his own part of the fence, make the part of the other, and recover therefor double the ascertained expense thereof, together with the fees of the fence viewers, in the manner provided in this chapter. SEC. 13. When one party shall cease to improve his land, or shall open his enclosure, he shall not take away any part of the removed. partition fence belonging to him and adjoining the next enclosure if the owner or occupant of such adjoining enclosure will, within two months after the same shall be ascertained, pay therefor such sum as two or more fence viewers shall, in writing under their hands, determine to be the value of such partion fence belonging to such party.

SEC. 14. When any uninclosed land shall be afterwards inclosed, the occupant or owner thereof shall pay for one half of each partition fence, standing upon the line between his land and the inclosure of any other occupant or owner, and the value thereof shall be ascertained by two or more fence viewers of the township, in writing, under their hands, in case the parties do not agree; and if such occupant or owner shall neglect or refuse for thirty days after the value has been so ascertained and demand made, to pay for one half of such partition fence, the proprietor of such fence may maintain an action in the form aforesaid, for such value, and the costs of ascertaining

the same.

When partition fence not to be

when occupant

or owner to pay one-half of par

ion fence, &o

viewer to be ta

SEC. 15. In all cases where the line upon which a partition fence When a fence is to be made, or to be divided, is the boundary line between town- ken from each ships, or partly in one township and partly in another, a fence viewer township. shall be taken from each township.

SEC. 16. Where a partition fence running into the water is necessa- Fences running ry to be made, the same shall be done in equal shares, unless otherwise into water. agreed by the parties, and in case either party shall refuse or neglect to make or maintain the share belonging to him, similar proceedings shall be had, as in case of other fences, and with the like effect.

ces, &c.

SEC. 17. In all cases where the line upon which a partition fence is When line of unimproved to be built between unimproved lands, has been divided by the fence lands divided, viewers, or by agreement in writing between the owers of such lands, who to erect fenrecorded in the office of the clerk of the township, or of one of the townships where such lands lic, the several owners thereof, and their heirs and assigns forever, shall erect and support said fences, agreeably to such division.

mination not to improve lands.

SEC. 18. If any person shall determine not to improve any part of Notice on deter his lands adjoining any partition fence that may have been divided according to the provisions of this chapter, and shall give six months' notice of such determination to all the adjoining occupants of lands, he shall not be required to keep up or support any part of such fence during the time his lands shall lie open and unimproved,

TITLE IV.

CHAPTER 19.

Who to be fence viewers.

Penalty for neg. lect.

Compensation of

Fence Viewers.

SEC. 19. The overseers of highways of the several townships in this state, shall be fence viewers in their respective townships.

SEC. 20. Any fence viewer, who shall, when requested, unreasonably neglect to view any fence, or to perform any other duty required of him in this chapter, shall forfeit the sum of five dollars, and shall also be liable to the party injured for all damages consequent upon such neglect.

SEC. 21. Each fence viewer shall be paid by the person employing fence viewers., him, at the rate of one dollar a day for the time he shall be so employed; and if such person shall neglect to pay the same within thirty days after the service shall have been performed, each fence viewer having performed any such service may recover in an action of assumpsit, double the amount of such fees.

Townships to provide and maintain pounds.

Punishment for

Pounds, and Impounding Cattle.

SEC. 22. Each township may, at its own expense, and in such places therein as the electors shall direct, provide and maintain one or more sufficient pounds, in which swine, sheep, horses, asses, mules, goats and neat cattle may be restrained and kept from going at large contrary to law, or to any by-law of such township.

Sec. 23. If any person shall wilfully injure any pound maintained injury to pounds. by any township, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding ninety days, at the discretion of the court.

Punishment of officers for wilful

CHAPTER 19.

OF PENALTIES FOR VIOLATING ELECTION LAWS.

SECTION 1. If any officer on whom any duty is enjoined by law, neglect of duty. relative to general, special, township or charter elections, or the canvassing or return of votes given at any election, shall be guilty of any wilful neglect of such duty, or of any corrupt conduct in the execution of the same, he shall, on conviction thereof, be deemed guilty of a 1841, p. 187, § 7. misdemeanor, and shall be punished by fine not exceeding one thousand dollars, or imprisonment in the state prison not exceeding three

Punishment for bribing an elector. &c.

1844, p. 15-16, §1.

illegal voting.

years.

SEC. 2. If any person shall by bribery, menace, or any other corrupt means or device whatever, either directly or indirectly, attempt to influence any elector in giving his vote, or deter him from, or interrupt him in giving the same, at any election held pursuant to the provisions of law, such person shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court.

SEC. 3. Every person not a qualified voter, who shall at any elecPunishment for tion, wilfully give in a vote for any officer then to be chosen; and every qualified voter, who, at such election, shall vote or offer to vote in any township or ward in which he does not reside, or who shall vote or offer

TITLE IV.

to vote more than once at the same election, either in the same or any CHAPTER 19. other township or ward, or shall give in two or more votes folded together, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by fine not exceeding five hundred 1841, p. 186, § 3, 1844, p. 16 § 2. dollars, or by imprisonment in the county jail not exceeding one year, or both, in the discretion of the court.

person not quali

SEC. 4. Every person who shall procure, aid or counsel any person Penalty for counnot duly qualified to vote at the place where the vote is given or offer- selling, &c., any ed, to give or offer his vote at any such election, and every person who fied to vote. shall procure, aid, or counsel any person to go or come into any township or ward for the purpose of voting therein, at any election, knowing that such person is not duly qualified to vote in such township or 1841, p. 187, § 4 ward, shall be deemed guilty of a misdemeanor, and on conviction and 5. thereof, shall be punished in the manner prescribed in the third sec

tion of this chapter.

lot box, &c.

SEC. 5. Any person not duly authorized by law, who shall, during Punishment for the progress of any election in this state, or after the closing of the violation of balpolls, and before the ballots are counted, and the result ascertained, break open, or violate the seals or locks of any ballot box in which ballots have been deposited at such election, or who shall obtain undue possession of such ballot box containing such ballots, and conceal, withhold, or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited, and all persons aiding or abetting therein, shall be adjudged guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment 1841, p 188, § 8. in the state prison for a term not exceeding ten years, or by a fine not exceeding one thousand dollars..

fender to be ar

SEC. 6. It shall be the duty of every inspector of elections, sheriff, Duty of sheriff, constable, and justice of the peace, knowing, or having reason to be- &c., to cause of lieve that an offence punishable under the provisions of this chapter, rested and give has been committed, to cause the offender forthwith to be arrested, notice to proseand to give information thereof to the prosecuting attorney without de- cuting attorney. lay, and such prosecuting attorney shall adopt effectual measures for the punishment of all persons who shall violate the provisions of this

chapter.

SEC. 7. It shall be the duty of all courts in this state, having cogni- Courts to charge zance of such offences, at each term thereof, to charge the grand grand jury to jury to make presentment of all offences committed within their re- against this chapspective counties, against any of the provisions of this chapter.

present offences

ter.

TITLE V.

CHAPTER 20.

TITLE V.

OF TAXES AND DUTIES.

Chapter 20. Of the Assessment and Collection of Taxes.
Chapter 21. Of Specific State Taxes and Duties.

All property lia

CHAPTER 20.

OF THE ASSESSMENT AND COLLECTION OF TAXES.

Of the Property to be taxed.

SECTION 1. All property, real and personal, within this state, not ble not exempted expressly exempted therefrom, shall be subject to taxation in the manner provided by law.

1813, p. 60.

Real estate.

Porsonal estate.

Corporate prop erty.

Property exempt from taxation.

SEC. 2. Real estate shall, for the purposes of taxation, be construed to include all lands within the state, and all buildings and fixtures thereon, except in cases otherwise expressly provided by law.

SEC. 3. Personal estate shall, for the purposes of taxation, be construed to include all goods, chattels, moneys and effects, wheresoever they may be; all ships, boats and vessels belonging to inhabitants of this state, whether at home or abroad, and all capital invested therein; all moneys at interest due the person to be taxed more than he pays interest for, and all other debts due such persons more than their indebtedness; all public stocks and securities, all stock in turnpikes, railroads, canals and other corporations out of this state, owned by inhabitants of this state; all personal estate of monied corporations, whether the owners thereof reside in or out of the state, and the income of any annuity, unless the capital of such annuity be taxed within this state.

SEC. 4. All property of private corporations, except in the cases where some other provision is made by law, shall be assessed in the name of the corporation, in the township or ward where the same shall be situated; and in collecting the same, all the personal property of such corparation shall be liable to be seized wherever the same may be found in the county, and sold in the same manner as the property of individuals may be sold for taxes.

SEC. 5. The following property shall be exempt from taxation, viz: 1. All personal property exempt by law from levy or sale on exe

cution:

2. All the property of the United States, and of this state, except lands bid off for the state at tax sales:

3. All public or corporate property of the several counties, cities, villages, townships and school districts in this state, used or intended for corporate purposes:

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