settle contro to any of the Overseers whenever they shall incline to inspect them: and all controversies between the master or Overseers to keeper of such house, and the Overseers of any town, touch- versies, &c. reing his accounts, or other his affairs whatever respecting the ter's accounts, work house, may be determined by the Overseers of the &c. house at a general or quarterly meeting. specting mas to support any overseers of charged from SEC. 11. Be it further enacted, That no town shall be No town liable chargeable for the relief or support of any person committed one not sent by to the said house, who was not sent thither by the Overseers such town. belonging to such town; nor shall any person orderly com- How persons mitted to the said house be discharged therefrom, but by the may be dis Overseers that made the commitment, or by the Overseers at said house. a general or quarterly meeting, or otherwise by the Circuit Court of Common Pleas in the same county, upon application to them made for that purpose. And every person thus committed if fit and able to work shall be kept diligently employed in labor, during his or her continuance there and in case the person so committed, shall be idle and not perform such reasonable task or stint as shall be assigned; or shall be stubborn and disorderly, they shall be punished according to the orders that shall be made for ruling, governing and punishing the persons there committed, not repugnant to the laws of this State. how divided. SEC. 12. Be it further enacted, That one third part of the Profits of labor profits or earnings of the work done by the persons detained in such house shall be to the master for, and towards his support, over and above such further annual stipend as the Overseers may allow him and the prime stock, together with the other two thirds of the profits shall be disposed of by the Overseers of the respective towns, to whom it belongs, either to the master towards his services, or for the support of the families of the persons there detained, if any such they have, or otherwise for the use of such town as occasion shall require. discontinue &.c. SEC. 13. Be it further enacted, That any work house Towns may erected or provided as aforesaid, may be discontinued or ap- work houses, plied to any other use whenever the town or towns concerned, shall find their circumstances require it, and shall agree thus to do. [Approved March 15, 1821.] 00 CHAPTER CXXV. An Act for keeping Watches and Wards in towns, and for preventing dis. orders in streets and public places. to watch. SEC. 1. BE it enacted by the Senate and House of Represent- Persons liable atives, in Legislature assembled, That all male persons of the age of eighteen years and upwards, being able of body, or having estate sufficient to hire, shall in their respect Justices and se. lectmen to have power to establish a watch from 9 rise, day time. Mode of proceeding and &c. ive towns, be liable to watch and ward, either in their own persons, or by some other sufficient person or persons in their room, when duly warned to attend the same in the manner hereinafter mentioned, except all persons who shall live more than two miles from the place where the watch or ward is kept: and except Ministers of the gospel. SEC. 2. Be it further enacted, That the Justices of the Peace, together with the Selectmen of each town in this State, shall have power from time to time, to direct and order a o'clock to sun suitable watch or watches to be kept nightly within such town from and after nine o'clock in the evening until sunrisalso a ward in ing in the morning; and also a ward to be kept in the day time and evenings when they shall think the same watch or ward necessary and to appoint the number of persons whereof the same shall consist, the place or places wherein they shall be kept, and the hour or hours for keeping the same; and to give orders in writing accordingly, signed by a major warning watch part of such Justices and Selectmen, directed to any Constaby constable. ble or Constables of the town empowering and requiring him or them from time to time, to warn such watch or ward, and to see that all persons, so warned by him or them, do attend and do their duty in such manner as shall be required; and in the warning thereof to take care that some able householders, or other sufficient persons be joined in each watch or Duty of watch, ward. And such Constable or Constables shall charge the watch to see that all disturbances and disorders in the night be prevented and suppressed; and 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 or design, of their business abroad at such season and whither they are going; and in case they give not reasonable satisfaction therein, then to secure by imprisonment or otherwise, all such disorderly and suspicious persons to be safely kept until morning; then to carry them before one of the next Justices of the Peace to be examined and proceeded against, according to the nature of their offences, as is by law directed. And such watchmen shall walk the rounds in and about the streets, wharves, lanes and principal inhabited parts within such town, to prevent any danger by fire, and to see that good order is kept, taking particular observation and inspection of all houses and families of evil fame, and shall strictly observe the charge to be given them as aforesaid. And each Constable when attending watch or ward, shall carry with him the usual badge of his office. When Justices and selectmen more effectual SEC. 3. Be it further enacted, That in any town wherein judge that a the said Justices and Selectmen shall judge that a watch may watch may be be kept more for the benefit and safety thereof in any other kept.and towns manner than is herein before directed, and the inhabitants Sessions may thereof shall agree to support the charge of the same; the agree. Court of sessment to de Justices of the Court of Sessions within the county wherein direct as to as such town lies, upon application made, are hereby empower- fray expense. ed to direct and order the rule for apportioning and levying such sum upon the inhabitants and residents in such town as shall be granted by the town for that purpose, in such manner as they shall judge most equal and just, by poll, estate, or both to be applied accordingly. Towns to agree fications of SEC. 4. Be it further enacted, That whenever a watch shall be so appointed and agreed upon different from a Con- as to the quali stable's watch, the number and qualifications of the persons, watch. whereof it shall consist, shall also be agreed upon by the said inhabitants of the town, observing the rule prescribed in the first section of this Act; and one sober, discreet, able bodied householder shall be appointed officer of the watch by said Justices and Selectmen, to take the charge and command of men. such watch, who as the badge of his office, shall carry a quarter pike with a spire on the top thereof; and every watchmen as well in this, as in the Constable's watch, shall carry a staff with a bill fastened thereon, as is usual. And the powers and duties of the said officer and watchmen shall be the same as are before prescribed in the second section of this Act, in the case of a Constable's watch. Their power. watch when SEC. 5. Be it further enacted, That if any person liable Penalty for to watch or ward as aforesaid, being duly warned by the offi- electing to cer of the watch or Constable, or by other person appointed warned. by such officer or Constable, shall refuse or neglect to appear and attend his duty, in that respect, either by himself or some other sufficient person in his stead, and be thereof convicted before a Justice of the Peace, either by the oath of the Constable, officer or other sufficient testimony on oath, without a just and reasonable excuse to be made and given for the same, he shall forfeit and pay for each offence the sum of one dollar, to the use of the town with costs of prosecution, to be levied by distress and sale of the goods and chattels of such offender, or otherwise be committed to prison until the same shall be paid. And if any Constable or officer of the watch neglect of duty shall neglect or refuse to observe and perform the orders he by constable. shall from time to time receive, he shall forfeit and pay to the use of said town, a sum not exceeding ten dollars, to be levied as aforesaid. Penalty for and selectmen constable and SEC. 6. Be it further enacted, That when the said Justices When Justices of the Peace and Selectmen shall think fit to walk by walk by night night to inspect the order of the town wherein they dwell, such of said Constables and watchmen shall attend them as shall be required to do the same, and obey their lawful commands. to inspect, &c. watch to attend them, &c. for committing SEC. 7. Be it further enacted, That the fee to the gaoler Gaoler's fees for each person taken up in the night, and committed to be &c. secured only till the next day, shall be twenty-five cents and no more. ing with naked highways. Penalty for rid SEC. 8. Be it further enacted, That if any person shall scythes, &c. in ride with a naked scythe, ground and hung in a sneath, on the highways or through any lanes, streets, or alleys, the person so offending shall forfeit and pay for each offence two dollars. sembling in Penalty for as- SEC. 9. Be it further enacted, That if any persons to the night, with im. number of three or more, between sunsetting and sunrising, ages, pageants, being assembled together in any of the streets or lanes in any Penalty for making bon fires, &c. in the street. covered. town, shall have any kind of imagery or pageantry for a public show, although none of the company so assembled, shall be armed or disguised, or exact, demand, or ask any money or thing of value, every person being of such company shall forfeit and pay the sum of eight dollars, or be imprisoned not exceeding one month. SEC. 10. Be it further enacted, That if any person or persons shall set fire to any pile of combustible stuff, or be any ways concerned in causing or making a bonfire in any street or lane, or any other part of any town within this State, such bonfire being within ten rods of any house or building, every person so offending, shall, for each offence, forfeit and pay the sum of eight dollars, or be imprisoned not exceeding one Fines bow re- month. The several fines in the eighth, ninth and tenth sections of this Act, shall be recovered, with costs of prosecution, one moiety of said fines to the use of the town wherein the of fence shall be committed; and the other moiety to him or them who shall sue for the same. And all masters are hereParents liable by made liable to pay the several fines as aforesaid in this and the two next preceding sections, for the offences of their servants; and all parents for the offences of their children under age and not being servants. for fines in cer tain cases. Each town required to choose ants of inocu. lation, [Approved February 24, 1821.] :00: CHAPTER CXXVI. An Act to diffuse the benefits of Inoculation for the Kine Pock. SEC. 1. BE it enacted by the Senate and House of Representsuperintendatives, in Legislature assembled, That it shall be the duty of every town, and plantation within this State, wherein no board of health shall be established by law, at their annual meetings for the choice of town officers, to choose, in the manner in which other town officers are by law chosen, three or more suitable persons whose duty it shall be to superintend the inoculation of the inhabitants of such town, or plantation, with the kine pock. and may pro SEC. 2. Be it further enacted, That it shall and may be vide for inocu- lawful for the inhabitants of any town, or plantation, at any of necessary funds their said annual meetings, to provide for the inoculation of therefor. the inhabitants of such town or plantation with the kine pock lacion and raise under the direction and control of said superintendants, or a board of health, where such board is established; and to raise all necessary sums to defray the expense of such inoculation, or such part thereof as they may deem proper, in the same way and manner that other town charges are by law defray[Approved February 14, 1821.] ed. :00: CHAPTER CXXVII. An Act to prevent the spreading of the Small Pox, and other Contagious make provision SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That for the better preventing the spreading of infection, when it shall happen that any person or persons coming from abroad, or belonging to any town or place within this State, shall be visited, or shall lately before have been visited with the plague, small pox, pestilential or malignant fever, or other contagious sickness, the infection whereof may probably be communicated to others; the Selectmen of the town where such person or persons may Selectmen to arrive or be, are hereby empowered to take care and make for sick persons effectual provision in the best way they can for the preserva- fected places tion of the inhabitants, by removing such sick or infected per- them to safe son or persons, and placing him or them in a separate house places. or houses, and by providing nurses, attendance and other assistance and necessaries for them; which nurses, attendance, and other assistance and necessaries, shall be at the charge of the parties themselves, their parents or masters, (if able,) or otherwise at the charge of the town or place whereto they belong; and in case such person or persons are not inhabitants of any town or place within this State, then at the charge of the State. arising from in and removing Persons arriv give notice, quired, of their on penalty, &c. SEC. 2. Be it further enacted, That any person or persons ing from incoming from any place out of this State, where the small pox feeted places to or other malignant distemper is prevailing, into any town when duly rewithin this State, shall, when thereto required by the Select-coming, place men of such town, within the space of two hours from the time from, &c. they shall be first informed of their duty by law in this particular, give notice to one or more of the Selectmen, or the Clerk of such town, of their coming there, and of the place, from whence they came, upon pain of forfeiting, in case of neglect, the sum of one hundred dollars; and such person or persons, if not disabled by sickness, shall, within the space of to depart the two hours after warning given to him or them by the Select-&c. and on remen of such town for that purpose, depart from this State in sala Justice such manner, and by such road, as the said Selectmen shall then. direct, and in case of refusal, it shall be lawful for any Justice of the Peace in the county where such town may lie, by warrant directed to a Constable or other proper officer, or other person whom the Justice shall judge proper, to cause such per Such persons State if able. may remove |