Ibid. s. 4. removal of wood. shall be taxed jointly or severally, as the court in their discretion may determine to be equitable. 4. Committees and jurors, that shall assess damages occasioned by laying out any road, shall give the owner Time to be given for of said land a reasonable time to take off the wood, timber, or trees; and if the owner of such land shall neglect to take off said wood, timber, or trees, within the time set by said committee or jury, it shall be forfeited for the benefit of said road. Ibid. s. 5. Officers fees. Juror's pay. Ibid. s. 6. A town or corpora a jury. 5. The officer summoning and attending such jury, shall be entitled to four cents a mile for all necessary travel in performing the same, and one dollar and fifty cents a day for each day he shall attend them; and each juror to one dollar for each day's attendance, and four cents a mile for travel each way: And said officer shall make a return of his own travel and attendance, and that of each juror. 6. If any town or other corporation shall find themselves aggrieved by the doings of a committee of the tion may be allowed court of sessions in any county, in locating a way, or in estimating damages by virtue of the statute of 1786, c. 67, such town or corporation may apply to said court, and be allowed a jury or committee to hear, and finally determine their complaint, in the same manner, and under the same limitations and conditions as are provided in the case of an individual person. Stat. 1796, c. 83, s. 3. III. Where buildings are prostrated to prevent an increase of fire. By statute it is enacted, that when any fire shall break out in any town, and the pulling down or demolishing of son whose building is any house or building by the directions of any person hav In what cases a per demolished to pre vent an increase of fre is entitled to damages. ing lawful authority for that purpose shall be the means of stopping said fire, or if the fire stop before it come to the same, then every owner of such house or building shall receive a reasonable compensation, and be paid for the same, by the inhabitants of the town in which the fire grant money for these shall happen; and it shall be the duty of the qualified Duty of towns to voters in such town, to grant such sum or sum3 of money, purposes. as shall be thought necessary and proper by the selectmen of the same town, and of the assessors to assess the same. When, however, it shall be adjudged fit that the house or building, where the fire shall first begin and break out, should be pulled down or demolished, to prevent the further spreading and increase of the same fire; then the tled to a compensa owner of such house or building shall receive no compensation for the same. Ibid. In what case the owner tion. Ibid. town, etc. may com plain to the sessions. Power of the sessions the doings of the town, etc. and to The same statute has provided, that if any person shall find him or herself aggrieved by the doings of the town, Persons aggrieved at selectmen, or assessors thereof, in estimating, voting, or the doings of the assessing such sum or sums, he or she shall have a right to appeal and complain to the next court of general sessions of the peace to be holden in the said county; and the said court thereupon shall have power, on a consideration of all the circumstances of the case, to confirm to confirm or alter said doings of said town, selectmen or assessors, or to alter the same in such manner as the said court shall judge proper; and in either case, to award legal costs as the justice of the case may require; and the collectors to whom the said assessments shall be committed to collect, shall have the same power, and be subject to the same duties as in the collection of other town taxes, as well in collecting an assessment so confirmed or altered, as in cases where there shall be no appeal. IV. By mischievous dogs. award costs. Power of collectors, 1791, c. 38, sf 1. By statute 1791, it is enacted, that from and after passing the act, it shall be lawful, for any person or persons in this commonwealth, to kill any dog that shall suddenly in certain cases. Dogs may be killed assault them while they are quietly and peaceably walking or riding any where out of the inclosure of the owner or keeper of such dog; and it shall also be lawful for any person to kill any dog that shall be found out of the inclosure or immediate care of its owner or keeper, Ibid. s. 2. Any person assaulted oath thereof before a justice of the peace, and give notice thereof to the owner or keeper, by a certificate of such oath signed by the justice. worrying, wounding or killing, any neat cattle, sheep or lambs. The same statute has further provided, that if any person shall be assaulted by any dog, in manner as aforesaid, by a dog, may make or if any dog shall be found strolling out of the inclosure, or immediate care of its owner or keeper, by day or by night, and the person so finding such dog, shall, at any time within forty-eight hours after such an assault, or the finding such dog, strolling as aforesaid, make oath thereof, before any justice of the peace for the county, or clerk of the town where the owner of such dog shall dwell; and shall further swear, that he really suspects such dog to be a dangerous or mischievous dog; and shall give notice thereof, to such owner or keeper, by delivering him a certificate of such oath, signed by such justice or clerk, it shall be the duty of the owner or keeper of such dog be not confined dog, forthwith, to kill or confine the same; and if he shall neglect so to do, for the space of twenty-four hours after notice is given as aforesaid, he shall forfeit and pay the sum of forty shillings, to the person that shall sue for the same, to be recovered with costs, by action of debt, before any justice of the peace, in the county in which such owner or keeper dwells, reserving liberty of appeal to either party, from such justice's judgment, as in other civil actions. Penalty in case such or killed within twenty-four hours after such notice. Mode of recovering such penalty. Thid. s. 3. The same statute has further provided, that if after such notice, such dog shall not be killed or confined, but So, after such notice, shall again be found strolling out of the inclosure or imsuch dog may be killed. mediate care of its owner or keeper, it shall and may be lawful for any person to kill such dog; and if sued therefor, (or for killing a dog, as in and by the first enacting clause of the act is provided) to plead the general issue, and give the act, and the special matter in evidence under it. Ibid. s. 4. The same statute has further provided that if any dog, after notice is given as aforesaid, shall by any sudden assault, in manner as aforesaid, wound or cause to be wounded, any person, or shall worry, wound or kill any so, after such noneat cattle, sheep or lambs, or do any other mischief, the tice, a person, injured by such dog, may reowner or keeper shall be liable to pay the person in- cover treble damages. jured thereby, treble damage, to be recovered with costs, by action of debt, before a justice of the peace, in the county where such owner dwells, if such treble damage doth not exceed four pounds; but if it doth exceed that sum, then before the court of common pleas, in such county, reserving liberty of appeal, to either party, as in other civil actions. 1798, c. 54, s. 3. It is also provided by a subsequent statute, that when any dog shall do any damage, either to the person or the Further provision property of any person, the owner or keeper of such dog, relative to damages incurred by mischie and also the parent, guardian, master or mistress of any vous dogs. minor or servant who shall own or keep any such dog, shall be liable to such sum, in damages, as said person may have sustained by said dog; but the defendant, in any such action, may give any special matter in evidence, in excuse or justification, under the general issue. V. How damages are to be assessed, where a defendant makes default. By statute it is enacted, that when any defendant shall be duly served with process, and return thereof shall be made Stat. 1784, c. 28. s. 7. into court where the same is returnable, and he shall not appear by himself, or his attorney, his default shall be recorded, and the charge in the declaration shall be taken and deemed to be true, and the court shall thereupon give such damages as they shall find upon inquiry that the plaintiff shall have sustained, unless the plaintiff shall move to have a jury to inquire into the damages, in which case the court shall enter up judgment for such damages as the jury shall assess. Provided nevertheless, That if the defendant shall come into court at any time be fore the jury is dismissed, and shall pay down to the adverse party the costs he has been at thus far, or so much thereof as the court shall judge reasonable, then the court Stat. 1804, c. 143, s. 14. Prosecutors to receive a meet recompense not exceeding their actual expenses, with a reasonable allow ance for their time and trouble. Ibid. s. 15. Restitution to the owner of property stolen, to be made immediately after conviction. Ibid. s. 16. may admit the defendant to have the same day in court as if his default had never been recorded. VI. Damages and recompense to prosecutors in convictions of larceny. 1. It is provided by statute, that in every case of a conviction of larceny, the justices of the court before whom the conviction may be, shall have authority, at the prayer of the prosecutor therein, and at their discretion, to order for him or her a meet recompense, not exceeding his or her actual expenses, with a reasonable allowance for time and trouble in such prosecution, to be paid by the county treasury; and all payments which shall be made by any county treasurer, pursuant to any order which may be granted as aforesaid, shall be a proper charge of this commonwealth, and shall be allowed in the manner which is or shall be provided for the reimbursement to the several counties of other costs arising in criminal prosecutions. 2. Whenever the conviction of any person accused of larceny shall be had upon prosecution, and by the care and diligence of the owner of any money, goods or articles, found and seized as aforesaid, such owner shall and may have restitution thereof immediately after such conviction, by an order in open court, or by a writ of restitution, as the case may require. And whenever, upon any conviction as aforesaid, such convict shall be sentenced to confinement to hard labour, Such owner prosecut such owner, prosecuting as aforesaid, shall be allowed against each and every convict, the full amount or value ing entitled to the value of the property stolen, out of the net earnings of the convict. Ibid. When such convict is sentenced to cons of the money, goods, or other articles stolen or obtained by such larceny, and not restored or satisfied for, to be charged against such convict at his or her place of confinement under such sentence, and to be paid from his or her net earnings, as the same shall accrue, and so far as they may extend. And when such convict shall be sentenced to fine or imprisonment in the common jail, he or she shall be required by the sentence to pay to such owner, prosecuting |