Gambar halaman
PDF
ePub

SECT. 26. All forfeitures, mentioned in this chapter, where no CHAP. 30. other mode of recovery is prescribed, shall be by action of debt to Limitation of the use of the prosecutor. All civil actions for forfeitures, mentioned actions for forin this chapter, without other express limitation, shall be barred, 1831, 137, § 11. unless commenced within ninety days, from the time the forfeitures

accrued.

feitures.

fees.

SECT. 27. The fees, which the pound keeper shall receive, Pound keeper's shall be twenty five cents, for impounding one or more beasts, at 1834, 137, § 12. one time; twelve cents and one half for recording each certificate,

or advertisement; and the same, for each advertisement posted or published, with four. cents, a mile, for his necessary travel.

SECT. 28. The party impounding such beast, or delivering the Compensation same to the pound keeper, shall have a reasonable sum for his to impounder. 1834, 137, § 12, trouble, to be determined by the pound keeper; but not exceeding one half of the respective forfeitures mentioned in the third section of this chapter, besides what forfeitures, he may be entitled to, under such section.

SECT. 29. The price, which the pound keeper shall be allowed, Expense of for keeping and feeding the beasts, committed to pound, or to his keeping beasts impounded. custody, for causes aforesaid, shall be prescribed by the selectmen 1834, 137, § 12. of his town, and recorded on the town books by the town clerk, and be binding until altered by such selectmen, or their successors.

CHAPTER 31.

OF KEEPING WATCH AND WARD IN TOWNS, AND OF DISORDERS IN
STREETS AND PUBLIC PLACES.

SECT. 1. Who are liable to keep watch and SECT. 9. Penalty for neglect of constable

[blocks in formation]

and ward.

SECTION 1. Every male person, of the age of twenty one years Who are liable or upwards, being able of body, or having estate sufficient to hire to keep watch a substitute, and not being a minister of the gospel, shall, when 1821, 125, § 1. duly warned, be liable to watch and ward in his town, either in person or by a sufficient substitute; unless such person reside more than two miles from the place, where the watch or ward is kept. SECT. 2. The justices of the peace resident in any town, Power of setogether with the selectmen of such town, shall have power, from justices, to or

lectmen and

der watch and ward to be kept, and proceedings.

15 Maine, 155.

CHAP. 31. time to time, to direct and order suitable watches to be kept, nightly, in such town, from such hour in the evening, as they shall appoint, until sun rising in the morning: also wards to be kept in the day time and evening, whenever they shall think such watches and wards necessary; such justices and selectmen may designate the time, place and number of persons to be employed in any such watch or ward; and they may give orders in writing accordingly, signed by a major part of such justices and selectmen, directed to any constable of the town, requiring him, from time to time, to warn such watch or ward, and to see that all persons, so warned, do attend and perform their duty in the manner required; and, in the warning thereof, to take care that some able householders, or other sufficient persons, be joined in each watch or ward.

Charge of con

stable, and pow1821, 125, § 2.

ers of watch.

Dutics of watch.

SECT. 3. Such constable shall charge the watch, to see that all disturbances and disorders, in the night, be prevented and suppressed; and for that purpose, the watch shall have authority to examine all persons, whom they shall see walking abroad, in the night after ten o'clock, and whom they shall have reason to suspect of any unlawful intention, as to their business abroad at such time, and whither they are going; to enter any houses of ill fame, for the purpose of suppressing any disturbance or riot therein; and to arrest any person there found, making, or abetting others in, such riot or disturbance and all suspicious persons, thus abroad, who shall not give a satisfactory account of themselves, and all persons, so arrested, in such houses of ill fame, shall be secured by imprisonment, or otherwise, to be safely kept until morning; and shall then be carried before one of the nearest justices of the peace, to be examined and proceeded against, according to the nature of their offences.

SECT. 4. The watchmen shall walk the rounds, in and about 1821, 125, § 2. the streets, wharves, lanes, and principal inhabited parts within each town, to prevent any danger by fire, and to see that good order is kept; and shall suitably observe the charge given them, as aforesaid.

Badges of constable and

watch.

SECT. 5. Each constable, when attending watch or ward, shall carry with him the usual badge of his office; and the watchmen 1821, 125, §2,4. shall carry [such] suitable badge, as the selectmen of their town shall provide.

Expense of

watch, other

SECT. 6. When the inhabitants of any town shall determine, wise kept, how that a watch shall be kept, in any other manner than is provided in this chapter, the expense thereof shall be defrayed, in like manner as other town charges.

defrayed.

1829, 434, § 1.

Proceedings in
such case.
1821, 125, § 4.

SECT. 7. Whenever any watch shall be established, according to the provisions of the preceding section, the town shall determine 1829, 431, § 2. the number and qualifications of the persons to be employed for that purpose, and the selectmen shall appoint a suitable person to be captain or officer of the watch: and every watchman shall be equipped in such manner, as the selectmen of the several towns shall determine; and the powers and duties of said officers and watchmen shall be the same, as are before prescribed, in the case of a constable's watch.

Penalty for neg

SECT. 8. If any person, liable to watch and ward, being duly lect of duty, by warned by the officer of the watch, or the constable, or by any

a watch.

1821, 125, § 5.

person appointed by any such officer, or constable, shall refuse or CHAP. 31. neglect to appear and perform his duty, either by himself or by a sufficient substitute, without a just and reasonable excuse for the same, he shall forfeit, for each offence, a sum not less than one, nor more than ten dollars, to the use of the town.

Penalty for neglect of consta

ble or officer. 1821, 125, § 5.

SECT. 9. If any constable, or officer of the watch, shall neglect or refuse to observe and execute the orders given him, he shall forfeit a sum, not less than ten dollars, to the use of the town. SECT. 10. Whenever the said justices of the peace and select- Constable and men shall think fit to walk by night, to inspect the order of the watchmen to attend justices, town, wherein they dwell, or shall depute any portion of their when walking number for the purpose, such of the said constables and watchmen the rounds. shall attend them, or said deputation, as shall be required to do the same; and obey their lawful commands.

SECT. 11. If any person shall ride with a naked scythe, sharpened and hung in a sneath, on the highways, or in any lanes, streets or alleys, he shall forfeit, for each offence, two dollars. SECT. 12. If any persons, to the number of three or more, between sun setting and sun rising, being assembled together in any of the streets or lanes in any town, shall have any kind of imagery or pageantry, for a public show, whether armed or disguised, or requiring or receiving money or any thing of value on account of the same, or not, any person, being of such company, shall forfeit the sum of eight dollars, or be imprisoned for a term, not exceeding

one month.

SECT. 13.

1821, 125, § 6.

Penalty for rid-
in with a na
ked scythe.
1821, 125, § 8.
Certain pa-
geantry prohib

ited in streets,
at night.

1821, 125, § 9.

streets and

If any person shall set fire to any pile of combusti- Bonfires in ble stuff, or be in any wise concerned, in causing or making a bon- towns, prohibitfire in any street or lane, or any other part of any town, such fire ed, being within ten rods of any house or building, he shall, for each offence, forfeit the sum of eight dollars, or be imprisoned for a term, not exceeding one month.

1821, 125, § 10.

covered and ap

SECT. 14. The fines, provided for in this chapter, shall be recov- Fines, how reered, with costs; the one half of any fine for the use of the town, propriated. where the offence shall have been committed, and the other half, to 1821, 125, § 10. the use of any person, who shall sue for the same.

parents liable,

SECT. 15. Masters shall be liable to pay the several fines, men- Masters and tioned in this chapter, for the offences of their servants or appren- for minors. tices, if legally bound to them, at the election of the prosecutor; 1821, 125, § 10. and parents shall be liable, at the like election, for the offences of the minor children, unless such children are bound to other persons, as servants or apprentices.

CHAPTER 32.

OF PAUPERS, THEIR SETTLEMENT AND SUPPORT.

SECT. 1. Different modes of gaining a set-] SECT. 2. Settlements heretofore acquired,

[blocks in formation]

CHAP. 32. SECT. 3. This chapter, not to interrupt the SECT. 32. Liability of creditor, to refund to

acquisition of a settlement, previously commenced.

4. Each town bound to support its

poor. Overseers.

5. Overseers to have the care of the

poor.

6. Kindred of poor persons, liable for their support.

7. Adjudication thereon, by the dis

trict court.

8, 9. Assessment on kindred, and oth

er proceedings.

10. Filing complaint; summons and service.

11. Summoning other kindred.

12. Respondents' costs. Court may take further order.

13. Overseers may bind out minor children of paupers.

14. Provisions to be made in indent

ures.

15. Duty of overseers, in respect to bound children.

16. Complaints against the master, how made and prosecuted. 17. If discharged, the minor may be bound anew.

18. Overseers may sue on indentures, for the benefit of the apprentice.

19. Action not to abate, in certain ca

ses.

20. Remedy for apprentice, at the expiration of his term.

21. If apprentice abscond, he may be

arrested; proceedings.

22. Liability of persons enticing, or harboring, apprentices.

23. District court may discharge ap

prentices, for misbehavior.

24. Overseers may bind out adult, in

digent, idle persons.

25. Persons aggrieved, may be dis

charged by the district court. 26. Persons in unincorporated places,| to be under the care of overseers of the adjoining town. 27. Remedy for such town, against the town, where he has his settlement.

28. Punishment, and restriction of

persons convicted of keeping

houses of ill fame. Overseers to prosecute.

29. Overseers to relieve persons in

distress, belonging to other towns. Mode of recovering expenditures. 30. Recovery in such action, to bar future controversy.

31. Overseers may set to work, for his own support, any person in jail, chargeable to a town.

towns the expense of supporting a debtor in jail.

33. Discharge from imprisonment, to be no release of the debtor's prop

erty, from the debt, and expenses

of his support.

34. Compensation of prison keeper. 35. Proceedings for removal, to the place of their settlement, of persons chargeable, or likely to be

come so.

36. Costs, when taxable. Record of adjudication.

37. Warrant for removal; how executed.

38. Overseers to receive the person removed. Execution for damages and expenses.

39. Appeal from the justice, and proceedings.

40. Complaint may be originally filed in the district court. Proceedings.

41. General provisions, in cases of complaints for removal.

42. Previous to making complaint, notice may be given.

43. Estoppel, unless an answer be returned in two months.

44. Notice and answer may be sent by mail.

45. Penalty, for return of the person removed.

46. Persons having no settlement, to be relieved by the town, where they are in need.

47. Paupers, belonging out of the state,

may be removed to their place of residence, or to the house of correction.

48. Towns to pay expense incurred by any inhabitant, after notice, for support of poor.

49. Intemperate poor, may be sent to the house of correction. 50. Expenses for support of a pauper, may be recovered of him.

51. At the death of a pauper, the overseers may take possession of his effects.

52. Overseers authorized to prosecute and defend suits in behalf of their towns.

53. Plantations may raise money, to support poor.

54. Penalty for leaving a pauper in a town, where he has no settlement. 55. Indentures of apprenticeship, discharged at the death of the master.

56. Duty of masters of vessels, arriving with foreign passengers.

SECT. 57. Selectmen may dispense with SECT. 59. Penalty, if masters of vessels at

bond, on certain conditions.

58. Appointment of visiting officers,

in maritime towns.

tempt to evade the foregoing pro

visions.

60. Provisions of this chapter, appli-
cable to cities.

CHAP. 32.

tlement.

SECTION 1. Legal settlements, in any town in this state, shall Different modes be hereafter gained, so as to subject and oblige such town to relieve of gaining a setand support the persons, gaining the same, in case they become 1821, 122, § 2. poor and stand in need of relief, by the ways and means following,

viz:

men.
9 Mass: 201.

children.

15 Mass. 237.

16 Mass. 52, 135. 2 Greenl. 194.

4 Greenl. 47, 293.

7 Greenl. 90.
legitimate
children.
13 Mass. 381.

1 Pick. 197.

12 Mass. 429.

14 Mass. 382. 7 Greenl. 270.

First. A married woman shall always follow and have the set- Married wotlement of her husband, if he have any within this state; otherwise, her own at the time of marriage, if she then had any, shall not be 4 Greenl. 293. lost or suspended by the marriage; Second. Legitimate children shall follow and have the settle- Legitimate ment of their father, if he have any within the State, until they gain a settlement of their own; but if he have none, they shall in like manner follow and have the settlement of their mother, if she have any; Third. Illegitimate children shall follow and have the settlement of their mother, at the time of their birth, if any she then have within the state; but neither legitimate, nor illegitimate children, shall gain a settlement by birth, in the places where they may be born, if neither [of] their parents then have any settlement there; Fourth. Upon the division of any town, every person having Fairf. 409. legal settlement therein, but being absent at the time of such divis- Fairf. 455. ion, and not having gained a legal settlement elsewhere, shall have Division of his legal settlement in that town, wherein his last dwelling place towns. shall happen to fall, upon such division; when any new town shall 16 Mass. 48. be incorporated, composed of a part of one or more old incorpo- 1 rated towns, every person, legally settled in any town, of which 4 such new town is wholly or partly so composed, or who has begun to acquire a settlement therein, and who shall actually dwell and have his home within the bounds of such new town, at the time of its incorporation, shall have the same rights in such new town, in relation to settlement, whether incipient or absolute, as he would otherwise have had in the old town, where he dwelt;

a

[ocr errors]

1 Pick. 144.

14 Mass. 253.

Greenl. 129.
Pick. 117.

13 Maine, 299.

Fifth. Any minor who shall serve an apprenticeship to any Apprenticelawful trade, for the space of four years, in any town, and actually ship. set up the same therein, within one year after the expiration of said term, being then twenty one years old, shall thereby gain a settle

ment in such town;

dence.

Sixth. Any person, of the age of twenty one years, who shall Five years' resihereafter reside in any town within this state, for the term of five 1 Fairf. 97. years together, and shall not during that term receive, directly nor 13 Maine, 321. indirectly, any supplies or support, as a pauper, from any town, shall thereby gain a settlement in such town;

7 Pick. 42.

March 21, 1821.

Seventh. Any person, resident in any town on the twenty Residence on first day of March, in the year, eighteen hundred and twenty one, 3 Greenl. 136, who had not, within one year previous to that date, received sup- 172, 205, 220, port or supplies from some town, as a pauper, shall be deemed to 455. have a settlement in the town, where he dwelt and had his home, 4 Greenl. 298.

229, 388, 436,

5 Greenl. 143,

396.

« SebelumnyaLanjutkan »