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State of

Extradition of Foreign Criminals.

; and whereas the said representation and demand is accompanied by an affidavit taken before a justice of the peace of the said State of whereby the said Y. Z. is charged with the said crime, which affidavit is certified by the said governor of to be duly authenticated: YOU ARE THEREFORE REQUIRED to arrest the said Y. Z. wherever he may be found within the State, and to deliver him into the custody of the said

to be taken back to the said State from which he fled, pursuant to the said requisition.

GIVEN under my hand and the privy seal of the State, at the city [Seal.] of in the year one thousand eight [Signature of governor.]

this

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801. Commitment by United States Commissioner, Under Extradition Treaty.

United States of America, District of

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THIS CASE having been heard before me, on requisition, through A. B., esquire, consul for that the said Y. Z. be committed for the purpose of being delivered up, as a fugitive from justice, pursuant to the provisions of the treaty made between the United States and Great Britain, August 9, 1842, I Find and adjudge that the evidence produced against the said Y. Z. is sufficient in law to justify his commitment on the charge of had the crime been committed within the United States. WHEREFORE, I order that the said Y. Z. be committed pursuant to the provisions of the said treaty, to abide the order of the President of the United States in the premises.

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802. Warrant by Secretary of State, for Extradition.

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presents shall come, greeting: WHEREAS [here insert name and title of applicant] has made requisition, in conformity with the 10th article of the treaty between the United States and Great Britain, for the mutual surrender of fugitive criminals, concluded at Washington, the 9th day of August, 1842, for the delivery up to justice of Y. Z., charged with the crime of [designate it], committed in And whereas the said Y. has been found in the State of ⚫ within the jurisdiction of the United States, and has, by proper affidavit, and in due form, been brought before M. N., a commissioner duly appointed by the United States Circuit Court for the district of for examination of said charge of

in the

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circuit,

. And whereas the said commis

sioner has deemed the evidence sufficient to authorize the commitment of said Y. Z., and has accordingly committed him, all of which appears by a copy of the proceedings transmitted to this department: Now THESE PRESENTS are to require of the United States marshal for the district of

or of any other public officer or person having charge or custody of said Y. Z., to surrender and deliver him up to consul for at the

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Decision as to Division Fence.

or to any other person or persons duly authorized to receive said fugitive, and conduct him to

[Seal.]

for trial.

IN TESTIMONY WHEREOF, I have hereunto signed my name, and
caused the seal of this department to be affixed, at Washing-
ton, this
18 and of the independence of
the United States the
[Signature.]

day of

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CHAPTER XXXVI.

FENCES AND FENCE-VIEWERS.

THE statutes of several of the States give a summary mode of determining controversies arising out of the necessity for division fences or walls between the adjoining lands of different owners. Certain local officers-in the State of New York for instance, the assessors and commissioners of highways in each town, who are designated, when acting in this function, as "fence-viewers❞— are empowered to decide as to the sharing of the expenses of fences, and damages from neglect to repair them. For the details of the powers of these officers the statutes of the State must be consulted.

The same officers are also, in some cases, authorized to determine questions of damage done by cattle, etc.

808. Decision of fence-viewers as to value of fence, and portion to be maintained by an owner who has previously let his lands lie open

415

804. Decision as to proportion of division fence to be maintained..

416

805. Appraisement of damage where one owner has neglected to keep his fence

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803. Decision of Fence- Viewers as to Value of Fence, and Portion to be Maintained by an Owner who Previously has Let his Lands Lie Open. WHEREAS, A. B. and Y. Z. are the owners of certain adjoining lands in the town of and the said A. B., on or about the 18 erected a division fence between the land belonging to him and that of the said Y. Z., who allowed his own lands to lie open; and whereas the said Y. Z. has recently inclosed the land belonging to him, and a disagreement has arisen between them as to the just proportion of the value of the said division fence to be paid for by the said Y. Z.; Wɛ, having made due inquiry into the facts and circumstances, and examined the premises, find that the following is a correct description of the fence built by the said A. B., as aforesaid [here describe the fence]; that the value of the fence, at the time of erecting the same, was dollars; and that the just proportion of said value to be paid by the said Y. Z. to the said A. B., is

Decision of Fence-Viewers.

dollars [or, that the proportion of the division fence which should be built by said Y. Z. is as follows [describing it]; and we certify that the fees for our services amount to

dollars.

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day of , 18.
[Signatures and titles.]

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804. Decision as to Proportion of Division Fence to be Maintained. WHEREAS, A. B. and Y. Z. are the owners of certain adjoining lands in the town of and a disagreement has arisen between them as to the just proportions of a division fence to be built or maintained by them respectively; WE, having examined the facts and viewed the premises, decide that said division fence should be built as follows [here describe the fence]; that one part of said fence is the proper proportion thereof to be built by the said A. B.; and that the remaining part is the proper proportion thereof to be built by the said Y. Z.; and we certify that the fees for our services amount to dollars.

GIVEN [etc., as in the preceding form].

805. Appraisement of Damage where One Owner has Neglected to Keep his Fence in Repair.

WHEREAS application has been made to the undersigned by A. B., the owner of land adjoining the land of Y. Z., in the town of to ascertain and appraise his damages arising in consequence of the refusal [or, neglect] of the said Y. Z. to keep in repair [or, to build] his proportion of a division fence between the aforesaid lands, we have examined the facts and viewed the premises, and after due notice to said Y. Z., we do decide and determine that the said A. B. has sustained damage to his land, crops, fruit-trees and shrubbery, in consequence of the refusal [or, neglect] of the said Y. Z. to maintain [or, make] his proportion of such division fence, as aforesaid, which said damages we have ascertained, and appraise at dollars; and we certify that the fees for our services amount to GIVEN [etc., as in Form 803].

dollars.

806. Notice of wish to Remove Proportion of Division Fence and Let Land Lie Open.

and

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on the day of

two of the instant, for

Please take notice, that I shall apply to fence-viewers of the town of permission to remove the division fence between the land occupied by you in said town and that owned and occupied by me, lying adjacent thereto. [Date.]

[Signature.]

[Address.]

807. Permit by Fence- Viewers.

We, the undersigned, two of the fence-viewers of the town of hereby certify, that upon the application of A. B., made in accordance with

Fence-Viewers Appraisal.

a notice, of which the above is a copy, duly served upon Y. Z., therein mentioned, more than ten days before this day, we have examined the premises where the division fence named in said notice is situate, and do determine that the same may, with propriety, be removed.

GIVEN [etc., as in Form 803].

808. Appraisement of Damage by Cattle.

WE, the undersigned, two of the fence-viewers of the town of hereby certify, that upon the application of A. B., we have examined into the damages done by [give the number and description of cattle as near as may be], distrained by him doing damage on his lands, and having viewed the premises and ascertained the damages, do hereby certify the amount of such damages to be dollars; and that the fees for our services are

dollars.

And a disagreement having arisen between the said A. B. and Y. Z., the owner of the adjoining land, touching the sufficiency of the fence along [designate it], we having examined the same, and heard the allegations and proofs of the parties, certify that we consider the said fence sufficient [or, insufficient].

GIVEN [etc., as in Form 803].

809. Certificate that Sheep were Killed by Dogs.

WE, the undersigned, two of the fence-viewers of the town of hereby certify, that upon the application of A. B., the owner of sheep [or, lambs], alleged to be killed by dogs, we proceeded to inquire into the matter, and to view the sheep [or, lambs] killed, and examined witnesses in relation thereto; and that we find that sheep [or, lambs], belonging

to the said A. B., were killed by dogs, and in no other manner; and we also certify, that the amount of damages sustained by the said A. B., in consequence of the killing of said sheep [or, lambs], as aforesaid, is dollars; and that the value of said sheep [or, lambs] is

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dollars; and

CHAPTER XXXVII.

FERRIES.

IN the State of New York the establishment of ferries is, with some local exceptions, regulated by the County Courts. Applications for licenses are to be made as in the following forms. If the applicant for the license is not the owner of the land, he must give the owner notice (Form 811), at least eight days before the session of the court, of his intention to apply.

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810. Application for a Ferry License.

To the County Court of county.

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THE PETITION of A. B. respectfully shows: I. That he is a resident of the town of in said county, and that a ferry ought to be established, for the accommodation and convenience of the public, across the River, at the place where the public highway crosses the land of the petitioner [or, of C. D.] upon the said river.

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[If the application be made by some person other than the owner of the land, add:] II. That the said C. D., the owner of the land through which the highway runs, as aforesaid, has neglected to apply for such license, although due service of the notice required by law has been made upon him, as appears by a copy of said notice and the affidavit of service, which are hereunto annexed.

III. WHEREFORE, the undersigned hereby applies to the court to grant him a license to establish such ferry, on his compliance with the provisions of the statute in such case made and provided.

[Date.]

[Signature.]

811. Notice to Owner of Lands of Application for a Ferry License.

SIR-Please take notice, that the undersigned will apply to the County Court of the county at the next term thereof, to be held at the court

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on the day of

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house in the city of 18 for a license to keep a ferry across the from the to the termination of the highway running through your land [giving a particular description of the

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instant [or, last], he personally served on C. D. within named a notice, of which the above [or, annexed] is a copy, by delivering the same to him personally, and leaving the same with him. [Signature of deponent.]

SWORN to before me, this [Signature and title of officer.]

day of

18. "

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