Towns may choose firewards.

from time to time prescribe, and shall be entitled to all the exemptions and privileges aforesaid.

SEC. 6. Be it further enacted, That each town in this State in their March or April meeting annually, wherein the qualified voters shall think it expedient to choose fire wards, shall hereafter have power to elect such number of suitable persons to be fire wards therein, as shall be deemed necessary; and each person so elected shall be notified thereof within three days; and shall within three days after being so notified, enter his acceptance or refusal of the said office with the Penalty for re- town Clerk. And if any person being so elected and notified, shall neglect to enter his acceptance or refusal as aforesaid, he shall forfeit and pay ten dollars, unless excused by the town; and the town shall have power to elect another in his Their duty at place, in case of such neglect or refusal. And when any fire shall break out in any town wherein fire wards shall be appointed, they shall immediately attend thereat, and carry with them a suitable staff or badge of their office.

fusing to serve.

fires.

Duty and pow. er of fire wards at fires;

other civil and military offi

cers in their

absence.

officers to require assist

ance.

SEC. 7. Be it further enacted, That when any fire shall break out in any town, the fire wards thereof, who shall be present at the place in immediate danger, or any three of them, and where no fire wards shall be appointed, a major and of certain part of the Selectmen present; or in their absence two or three of the civil officers present; or in their absence two or three of the chief military officers of said town present, shall have power to direct the pulling down or demolishing any such house or building as they shall judge necessary to be pulled down or demolished, in order to prevent the further Power in such spreading of the fire. And during the continuance of any fire, the said fire wards or officers, as the case may be, shall have power to require assistance for extinguishing the same, and for removing any furniture, goods, or merchandize from any building on fire, or in danger thereof, and to appoint guards to secure the same; and also assistance for pulling down or demolishing any house or building as the case may require; and further to suppress all tumults and disorders. And the said fire wards, Selectmen or officers, as the case may be, shall have authority to direct and appoint the stations and operations of the engine men with their engines and of all other persons, for the purpose of extinguishing the fire, and preventing its increase; and if any person shall refuse Penalty for re- or neglect to obey any order given by said fire wards or offifusing to obey cers in the sueb orders, &c. premises, the person so offending shall forfeit and pay for each offence ten dollars.

When a build

ed to stop a

SEC. 8. Be it further enacted, That if the pulling down or ing is demolish- demolishing of any house or building, by the directions aforefire, how the said, shall be the means of stopping the 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

owner is to be indemnified,

in which the fire shall happen. And it shall be the duty of the qualified voters in such town, to grant such sum or sums of money as shall be thought necessary and proper by the Selectmen of the same town, and of the Assessors to assess the same: Provided always, That when 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 owner of such house or building shall receive no compensation for the same: Provided also, That if any person shall find him or herself aggrieved by the doings of the town, Selectmen or Assessors thereof in estimating, voting or assessing such sum or sums, he or she shall have a right to appeal and complain to the next Court of Sessions to be holden in the county; and the said Court thereon shall have power, on a consideration of all the circumstances of the case, to confirm 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 powers 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 wherein there shall be no appeal.

for concealing,

goods, &c. at

SEC. 9. Be it further enacted, That if any person shall, in Punishment such case of fire, plunder, purloin, embezzle, convey away or embezzling or conceal any furniture, goods or chattels, rights or credits, mer- plundering chandize or effects of the inhabitants whose houses or build- Åres. ings shall be on fire or endangered thereby, and said inhabitants shall be put upon removing the same, and shall not restore or give notice thereof to the owner, (if known,) or to one of the fire wards of the town, or bring them into such public place as shall be assigned by the Selectmen of the town within two days after public notice shall be posted in some public place in the town by the Selectmen thereof, for that purpose, the person or persons so offending, and being thereof convicted, shall be deemed guilty of larceny, and punished accordingly.

o8

building as a

ry stable except

in

sail loft or livesuch places may be apctmen.

proved by se

SEC. 10. Be it further enacted, That if any person shall Penalty for ceoccupy or improve any tenement or building whatever in any cupying any part of any maritime town in this State, for the business or employment of a sail maker or rigger or keeper of a livery stable except only in such parts of the town as the Selectmen thereof or a major part of them shall direct and determine, such sail maker or rigger, so offending, shall forfeit and pay for each offence ten dollars; and such keeper of a livery stable shall forfeit and pay for each offence fifty dollars, for every month so occupying the same, and so in proportion for a longer or shorter time.

Fines and penalties how recovered and propriated.

Engine men

ар

serving as jurors, in case their town so vote.

SEC. 11. Be it further enacted, That the several fines or forfeitures aforesaid, shall be, two third parts thereof to the use of the poor of the town where the offence shall be committed, and the other third thereof to him or them who shall inform and sue for the same; and shall be recoverable with costs of suit, in any Court proper to try the same.

SEC. 12. Be it further enacted, That all persons legally excused from attached to any engine within this State, be and they hereby are excused from being chosen or drawn to serve as jurors in any Court within this State, in all cases where the town to which such engine men belong, shall at a legal meeting of its inhabitants, by vote declare the expediency of excusing such persons from serving as jurors.

Innholders, &c.

[Approved March 16, 1821.]

:0:

CHAPTER CXXXIII.

An Act for the regulation of Innholders, Retailers and common Victuallers.

SEC. 1. BE it enacted by the Senate and House of Representa to be licensed. tives, in Legislature assembled, That no person shall presume to be a common victualler, innholder, or seller of wine, beer, ale, cider, brandy, rum, or any strong liquors, by retail, or in a less quantity than twenty eight gallons, and that delivered and carried away all at one time, except such person be duly licensed as is hereinafter provided, on pain of forfeiting the sum of fifty dollars: and if any person shall at any time sell without hicense any spiritous liquors, or any mixed liquors, part of which is spiritous, without license therefor, duly had and obtained according to law, he shall forfeit and pay for each offence the sum of ten dollars.

Penalty for selling, &c.

Duty of select

tify meetings

eenses;

ings may grant licenses.

SEC. 2. Be it further enacted, That it shall be the duty men. &c. to no of the Selectmen, Treasurer, and town Clerk of each town, in September and the Assessors, Treasurer, and Clerk of each plantation, for granting li to meet on the second Monday of September, or the succeeding day annually at such time on either or both of such days, and at the place they shall appoint, by posting notice thereof, at two public places in such town or plantation, seven days at such meet before the time of such meeting, and at such meeting may license to be victuallers, innholders, or sellers of wine, beer, ale, cider, brandy, rum, or other strong liquors, by retail in such town or plantation, for one year from that date, as many persons of sober life and conversation, and suitably qualified for the employment, for which they may severally apply to be licensed, as they may deem necessary, each person who shall be so approved, shall, before being licensed, pay to the Treasurer for the use of the town or plantation six dolcord and re- lars, and to the Clerk for his use twenty-five cents; and the turn a list of Clerk shall make a record of all licenses granted, and shall

Duty to be paid for hi

cense.

Clerk to re

such licenses to

C. C. Common within one month return a list of all such licenses to the

Pleas.

may at any

licenses.

Clerk of the Circuit Court of Common Pleas for the same County; and said Selectmen, or Assessors, and Treasurer and Selectmen, &c, Clerk, may at any other time, at a meeting held for that pur- other meeting pose, license any person suitably qualified as aforesaid, on purpose, grant his paying one dollar for their use; and to the Treasurer, for the use of the town or plantation, fifty cents for each month from the time of granting such license, till the expiration thereof; and all licenses shall expire on the first Monday in Licenses when September after granting the same; all licenses now granted shall continue for the time for which they were granted. If any Clerk shall neglect to make any record or return, as herein required, he shall forfeit for each offence five dollars.

to expire.

be suitably

SEC. 3. Be it further enacted, That all innholders shall at Innholders to all times be furnished with suitable provisions and lodging for provided, &c. the refreshment and entertainment of strangers and travellers, pasturing and stable room, hay and provender, (saving that in populous sea port towns, stable room, hay and provender only are required,) for their horses and cattle, on pain of being deprived of their license. And every licensed inn- To have signs. holder, shall at all times, have a board or sign affixed to his or her house, or in some conspicuous place near the same, with his or her name at large thereon, and the particular employment for which he or she is licensed; and if any inn- Punishment for holder, enjoined by law to be suitably provided to receive Deglect. and entertain strangers, travellers or others, as occasion may require, shall be convicted of refusing to make suitable pro visions when desired, for the receiving of strangers, travellers, and their horses and cattle, or for any public entertainment, such person upon being convicted thereof before the Circuit Court of Common Pleas, of the county to which such person belongs, shall by the said Justices be deprived of his or her license and the said Justices shall be, and they are hereby empowered and directed to order the Sheriff of the same county, or his deputy Sheriff to cause the sign of such convicted person to be taken down.

:

to keep in or

es cards, bil

gaming there

Be it further enacted, That no innholder, victu- No innholder aller, or retailer, shall have or keep in or about their houses, about his hous shops, yards, gardens, or dependencies, any dice, cards, fiard tables, bowls, billiards, quoits. or any other implements used in gam- &c, or suffer ing; nor shall suffer any person or persons resorting unto n. any of their houses or shops to use or exercise any of the said games, or any other unlawful game or sport within their said houses, shops, or any of the dependencies as aforesaid, or places to them belonging, on pain of forfeiting the sum of Penalty for vi ten dollars for every such offence; and every person convicted of playing as aforesaid, in any such house, shop, or dependencies thereof, shall forfeit the sum of five dollars. No innholder, SEC. 5. Be it further enacted, That no innholder, victu- &c. to suffer rialler, or retailer, shall suffer any revelling, riotous or disor- at, or distur derly conduct in his house, shop, or dependencies thereof, on sive drinking

olation.

ance, or exces.

in bis house,

penalty of five dollars, to be paid by the master or keeper of the said house or shop who shall suffer the same; and the penalty of two dollars to be paid by each person offending in any of the said particulars. And no innholder, victualler, or retailer, shall suffer any person to drink to drunkenness or excess in his or her house or shop, or suffer any minor, (travunder penalty. ellers excepted,) or servant to sit drinking there, or to have any strong drink there, without special allowance of their respective parents, guardians or masters, on pain of forfeiting the sum of five dollars for every offence of that kind.

Common drunkards to

be posted in public houses

by selectmeu, &c.

SEC. 6. Be it further enacted, That the Selectmen in each town, and the Assessors in each plantation, shall cause to be posted up in the houses or shops of all innholders, victuallers and retailers as aforesaid, within such towns or plantations, a list of the names of all persons reputed common drunkards, or common tipplers, or common gamesters, misPenalty for suf. pending their time and estate in such houses, and every keepfering such er of such house or shop, after notice given him as aforesaid, ple or game in that shall be convicted of entertaining or suffering any of the the house, &c. persons in such list to drink, or tipple, or game in his or her house or shop, or any of the dependencies thereof, or of selling them spiritous liquor as aforesaid, shall forfeit and pay the sum of five dollars.

persons to tip

Selectmen. &c. to forbid the

sale of spiritole year to ex cessive drink

ous liquors for

ers, &c.

SEC. 7. Be it further enacted, That whenever any person shall by idleness, or excessive drinking of spiritous liquors, so mispend, waste, or lessen his estate, as thereby either to expose himself or his family to want or indigent circumstances, or the town to which he belongs, to a charge or expense for the maintenance or support of him or his family, or shall so indulge himself in the use of spiritous liquors, as thereby greatly to injure his health, or endanger the loss thereof, such Selectmen or Assessors, shall, in writing under their hands, forbid all licensed persons, in their respective towns or plantations, to sell to any of the afore-described mispenders of time and estate, any spiritous or strong liquors, in this Act mentioned, for the space of one year, and shall in like manner forbid licensed persons of any other town or plantation to which such mispender may resort for the same. And if any of the persons contained in the said prohibition bibition. Pro- shall not in the opinion of the said Selectmen or Assessors, or the major part of them have reformed during the said year; in such case, the Selectmen of such town or the assessors of such plantations shall renew the prohibition in manner as aforesaid; and if any licensed victualler, innholder, or retailer of spiritous or strong liquors, shall during any such prohibition, sell to any person contained therein, any spiritous liquors in this Act mentioned, he shall forfeit and pay for each offence the sum of five dollars.

And may renew such

Penalty for selling, &c.

Contrary to such prohibi tion.

Penalty for any person procuring

spiritous ii

SEC. 8. Be it further enacted, That whenever the Selectmen of any town, or the Assessors of any plantation, shall