Chap. 0012 An act to prevent damage being done to the harbour of CAPE COD, by cattle, sheep and horse kind, feeding on PROVINCE TOWN lands, and for the preservation of the same. Be it enacted by the Senate and House of Representatives, in General Court assembled and by the authority of the same, that from and after the passing this Act, it shall not be lawful for the inhabitants of Province Town, or Truro, or any other person or persons whatsoever, to turn out, feed, or let run at large, any neat cattle, sheep, or horse kind, on the land, meadow, or beaches at Cape Cod, lying to the northward and westward of the head of the meadow in the said Town of Truro, known by the name of East-Harbour Meadow, from the first day of April, to the first day of October annually, upon the penalty, for each offence, of Jive shillings a head, for all neat cattle, and horse-kind, and one shilling a head for all sheep, so turned out, fed, or let run at large, on the lands, meadow, or beaches aforesaid, to be recovered by any Inhabitant of either of the said Towns, before any Justice of the Peace, for the County of Barnstable, by action of debt; and all such cattle, sheep, Or horse-kind, found feeding, or running at large on said lands, shall be liable to be impounded, in the Town of Truro, (or Province Town, provided a pound be built therein) and immediate notice thereof shall be given to the owner or owners of such creatures, if known, otherwise, public notice thereof shall be given in writing, and posting up the same in some public place in each of the Towns aforesaid, by the person impounding the same ; such creatures to be relieved by the pound keeper, with suitable meat and water, while impounded : and if the owner, or owners thereof, appear to redeem his, her, or their impounded creature, or creatures, he, she, or they, shall pay the following fees, viz. three shillings to the impounder, for each neat beast, or horse kind, and six pence for each sheep, so impounded, and to the pound keeper reasonable costs, for relieving such creatures, besides his fees established by law : and if no owner appear within the space of four days, to redeem such cattle, or horse-kind, so impounded, and to pay the cost, occasioned by impounding them, then, and in every such case, the person impounding such creature or creatures, shall cause the same to be sold at public vendue, to pay the cost and charges arising thereby ; public notice of the time of such sale, to be given in the towns of Truro and Province Town aforesaid, forty-eight hours at least, previous to the said sale ; and the overplus, if any there be, arising by such sale, to be returned to the owner or owners of such creature, or creatures, so sold, at any time within twelve months next after such sale, upon his, her, or their demanding the same : but if no owner appear within the said twelve months, then the said overplus shall be, one half to the party impounding such creature, or creatures, and the other half to the use of the poor of the Town, where such creatures shall be impounded. Provided nevertheless, that nothing in this Act shall be construed to debar the inhabitants of Province Town, from keeping and letting run at large, on land, meadow and beaches in Province Town aforesaid, thirteen cows, four oxen, one bull, and three horses, of which number the Minister of Province Town for the time being, shall be allowed to keep one cow and one horse for his own use, on condition the said cattle and horses shall be marked on the left shoulder, with a hot iron, with the letters P. T. and entered by the Town Clerk of Province Town in the said Town's book, with their marks, natural and artificial; and the said thirteen cows, four oxen, one bull, and three horses (excepting the cow and horse for the Minister's use, as before provided in this Act) shall be owned and improved by the Inhabitants of Province Town, as shall be agreed on by them, at their March or April meeting annually, or some other Town meeting, called for that purpose. And be it further enacted by the authority aforesaid, that whosoever, after the publication of this Act, shall presume to cut down, or carry off any trees, poles, or brush, from any part of the land belonging to this Commonwealth, in Province Town aforesaid, shall forfeit and pay the sum of six shillings, for every tree, or pole, and one shilling for every bush, so cut down, or carried off, excepting twenty cords of wood to the use of the settled minister of said Province Town, for the time being, which shall be cut, and carted, in the month of November annually ; and so much brush may be also cut and taken from the swamps in said Province Town, as shall be absolutely necessary for stakes, in the curing of Fish in the said Town, and no more: the forfeiture beforementioned, to be recovered by information, or complaint, before any Justice of the Peace, or by indictment, at any Court of General Sessions of the Peace, within and for the County aforesaid, one half to the use of any person, who shall sue for and recover the same, the other half to the use of the poor of the Town of Truro. And be it further enacted by the authority aforesaid, that it shall be the duty of the Selectmen of the Towns of Truro and Province Town, to see that all breaches of this Act, be duly prosecuted. And be it further enacted by the authority aforesaid, That all Laws heretofore made, to prevent damage being-done to the harbour at Cape Cod, be, and hereby are, repealed. June 28, 1786.