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Sec. 3.

Sec. 23
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by joint vote of both houses of the general assembly; which boards shall meet annually for the purpose of examining all applicants for a license to practise medicine; and if on such examination they are found competent, shall grant such applicants a license to practise physic and surgery: Provided, That two members of either of the Quorum. said boards shall constitute a quorum to make such examination, and to grant such license: And provided also, That any one of the mem- Temporary bers of either of the medical boards shall be authorized, during the re- permits cess of the annual meetings, to examine any applicants, and if on examination deemed competent to practise medicine and surgery, shall grant them permission to practise until the next annual meeting of the board, of which the physician granting such permission is a member, to whom said applicant shall apply for a license to practise medicine and surgery, and if refused, shall not be again permitted to practise except by a license from one of the boards : Provided however, 'That Members of no member of the legislature shall be elected a member of the medical collabore board, during the term for which he was elected a member of the ·legislature.

$4. The meetings of the said boards respectively, shall be held on the Fees. first Monday in December annually : and the said boards shall be en-· titled to demand and receive of every applicant, the sum of five dollars (189

dolore (1828–(42) for each examination; five dollars for every license or diploma and five 1830-(9) dollars for granting permits during the recess of their regular meetings; de to be appropriated in any manner that a majority of the medical board priated. may think proper.

05. The said medical boards may elect all such officers, and frame officers and all such by-laws as may be necessary to carry this act into effect; by-laws. aand when any vacancy may happen in any of the boards by death or (a 1823—(42) otherwise, a quorum may fill the vacancy until the meeting of the Sec. 5.] next general assembly, when such vacancy shall be filled by a joint Vacancies. vote of both houses.

$ 6. If any of the members by this act appointed to constitute the Members abboard of physicians to meet at the several places hereinbefore appoint-sent at two ed, shall fail to attend the meetings of the said boards of physicians ings, seat va. for two successive annual meetings of the same, he shall be no longer catec considered a member thereof; and it shall be the duty of the presiding member at each meeting of the said boards to note the defaulters at such meeting: Provided however, that this act shall not be so constru- Licenses may ed as to prevent either of the medical boards hereinbefore appointed, begi

medicine or from gran ting a license to any person or persons to practise medicine surgery or surgery alone. $ 7. This act shall not be so construed as to include or operate upon This law not

to affect phy. any person who may have been engaged in the practice of medicine or surgery in this state, previous to its passage.

practice. $ 8. Any person who shall violate any of the provisions of this act, Penalty for shall forfeit and pay the sum of five hundred dollars, to be recovered violating.com

this act, 500 in an action of debt, in any court of record in this state, by any person dollars.' who may sue for the same ; one-half thereof to be paid to the said informer, and the other half to be paid into the treasury of the county in which such suit may be tried : Provided, That nothing contained Proviso. in the foregoing act shall be so construed, as to prevent persons from practising as doctors of medicine, who may have received a diploma from any regularly constituted medical institution within the United States : And provided further, That such person shall have been engaged in the practice of medicine within two years previous : Provided further, That the said board shall, before they enter on the duties Members of of their appointment, take and subscribe an oath before some justice of worn

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the peace, to discharge the duties imposed on them by this act, with

out favor, partiality, or prejudice. 1826—(19) $ 9. Any physician or surgeon, who may have graduated at any re

gular medical university, shall be allowed to enrol his name with any of physicians the medical boards of this state, on producing his diploma, without and surgeons vo

18 examination. rolled with. $ 10. The second and eighth sections of an act to regulate the out examina.

mina licensing of physicians to practise and for other purposes therein 1832-(28) named, passed 22d December, A. D. 1823, are hereby so far repealed, Thompsoni. that neither of the aforesaid sections shall be so construed as to pre

m li. vent any person or persons from practising medicine on the Botanical censed.

system of Doctor Samuel Thompson, and recovering reasonable comProviso. pensation for the same: Provided, That if the said persons practising

on the Thompsonian or Botanical system shall bleed, apply a blister of Spanish flies, administer calomel or any of the mercurial preparations, antimony, arsenic, tartar emetic, opium, or laudanum, they shall be liable to the penalties of the act to regulate the licensing of physicians to practise, and for other purposes therein named, approved 22d December, 1823.

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POOR.

by county

1807—(23) § 1. It shall be the duty of the justices of the county courts, in their Overseers of respective counties, annually to appoint one or more overseers of the poor to be appointed poor in each captain's district, to serve for the term of one year, or annually in each cap

in until another overseer shall be appointed, aand the judge and commistain's beat, sioners may fill vacancies in the office of overseers of the poor as often court."y as they may occur; and any person so appointed, who shall refuse or [ a 1828 – (19) neglect to serve as overseer of the poor, unless disqualified by age or Sec. I.]

infirmity, of which the justices shall judge, shall forfeit and pay fifty

dollars, to be recovered with costs, by action of debt, in any court har. Who exempting competent jurisdiction, for the use of the county: Provided, That from serving. no person holding any office or employment under the government

shall be compelled to serve as overseer of the poor, so long as he holds the same. In case of the refusal or inability of any person to serve as overseers of the poor, it shall be lawful for any three justices, during the vacation of the county court, to appoint a new overseer of the poor for the remainder of the year, in room of the said person unable or refusing to serve ; which new overseer shall be subject to the same

duties and penalties which were obligatory upon the person appointed Overseer te. Overseer by the county court: and every overseer so nominated and quired to

appointed shall, immediately after his nomination, take an oath or take outh.

affirmation before any judge or justice, that he will discharge the doties of overseer of the poor, truly, faithfully, and impartially, to the

best of his knowledge and ability. Oversecr's

§ 2. It shall be the duty of the overseers of the poor, each in his respective district, to provide for the indigent, lame, blind, and others, not able to maintain themselves; and may also provide houses, nurses, and physicians, in such cases as they shall think necessary; the es: penses of which shall be provided for in the annual county levy: anul it shall be lawful for the overseers of the poor to contract with any person or persons for keeping, maintaining, and employing any or all such poor persons, and take the benefit of their work, labor, or service, towards their maintenance and support. If any poor person shall refuse to be lodged, kept, maintained, and employed, in such

duties.

account twice a year.

refused re

court.

manner as the overseers shall direct, he or she shall be struck off from the overseer's list, and shall not be entitled to receive relief from the overseers during such refusal. The said overseers shall make to make enfair entries in a book, of the names of all the poor within their re- tries of all

expenses, spective districts, with the time when each of them became chargeable, together with the amount of all charges, costs, and expenses incurred under the direction of the said overseers; which books and accounts and render they shall be obliged to present twice in every year, for the inspection of the justices assembled in their county courts. And if the said Accounts to justices shall approve the accounts of any such overseers, they shall be paid out

of county issue a certificate to that effect, directing the county treasurer to pay treasury the amount thereof to such person or persons to whom the same may be lawfully due.

3. If any poor person shall suppose that he or she is entitled to Poor persons the benefit of the laws for the relief of the poor, which may have lief, may apbeen refused by the overseer, such person may apply to the county ply to county court, or during the recess, to any two justices, who are authorized, if they shall think proper, to direct the overseer to receive him or her upon the list of the poor, which overseer is bound to yield obedience to the directions of the said court or justices.

6 4. The overseers shall take measures, to prevent the poor from Poor persons strolling from one district into another, and may make complaint bele

leaving their

proper dis. fore any justice that any poor person is come into their county, and tricts, or

counties, is likely to become chargeable thereto; whereupon it shall be lawful how deait for such justice, by warrant under his hand, to cause such poor per- with. son to be removed to the county where he or she was last settled : Provided, That such poor person hath not been resident for six months last past in the county from which it is proposed to remove him or her. But if such poor person be sick or disabled, and cannot be removed without danger of life, the overseer shall provide for his or her maintenance and cure, at the charge of his or her county, and after recovery, shall cause him or her to be removed ; and the county wherein he or she was legally settled, shall repay all charges occasioned by the sickness, maintenance, and cure of such poor person, and for removing him or her ; and also all charges or expenses if such person shall die before removal : and it shall be the duty of the overseer of the district to which the person belongs, to receive and provide for the person or persons so removed; and in case of refusal, the said person or persons may apply to any two justices of the county for relief, as hereinbefore directed. The overseer who shall have made the disbursement, being furnished with a certificate of the said expenditure by the justices of the county court of his proper county, shall apply to the justices of the county court to which the said poor person or persons shall belong; which said justices last mentioned, are hereby directed to draw an order on the treasurer of their proper county for the reimbursement of the said expenses.

5. Where any dispute shall arise respecting the residence of any Disputed repoor person, the court of any county adjacent, and not interested, is how tried. authorized to take cognizance thereof, and determine the same.

5 6. The overseers of the poor shall make returns to the county Poor or. courts, twice a year, of the poor orphans in their districts, and of such pban

phans, &c.,

to be bound children within the same, whose parents they shall judge incapable out. of supporting them, and bringing them up in honest ways. The said courts are hereby authorized to direct the said overseers, or either of hem, lo bind out such poor orphans and children apprentices to such person or persons whom the court shall appoint, until the age of ro twenty-one years, if a male; or sixteen years, if a female. The per- Sec1.]

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Terms of in-son to whom such apprentice shall be bound, shall engage by a cove

nant, to be entered in the indenture, to provide the apprentice with a sufficiency of good and wholesome provisions, necessary clothing, washing, and lodging ; to teach the said apprentice the business or occupation which he pursues for a livelihood, and also to read, write, and to cipher as far as the rule of three ; and at the expiration of said

apprenticeship, to furnish the said apprentice with two complete new County suits of clothing. It shall be lawful for the said court, upon the com

plaint of the overseers of the poor, or of any apprentice, by themcause, may selves or friends, against their masters or mistresses, to hear and deterprentice, and mine ; and if it shall appear to the satsfaction of the court, that such bind to ano complaint be well founded, and of sufficient magnitude to make a re

moval necessary, the court shall have power to remove such apprentice, and bind him or her to such other person as they shall think

proper. Ib. Sec. 8. $ 7. The father and grandfather, the mother and grandmother, and

the descendants of any poor, old, blind, lame, and impotent person, or maintain their poor re- other person not able to work, being of sufficient ability, shall, at their

own charge, relieve and maintain every such poor person as the justices shall direct at their next county court, in their respective counties, or the corporation courts in their respective towns, on pain of

forfeiting eight dollars for each month they shall fail therein. Ib. Sec. 9. 8. If any person commanding a ship, vessel, or boat, shall import Penalty for into this territory, or bring to the shores thereof, any infant, lunatie, infant, lu- maimed, aged, infirm person, or vagrant, who may be adjudged likely

to become chargeable to the territory, it shall be lawful for any justice into the ter

of the county court, or for any magistrate of a corporation court, to compel such person commanding such vessel, to give sufficient secu. rity to indemnify the inhabitants of this territory from any charge that may come, or be brought upon them, by such infant, lunatic, maimed, aged, infirm, or vagrant person, coming into, or living within this territory, or otherwise to transport such person beyond the limits of this

territory. 1807—(18) 99.

$ 9. Whenever, on any criminal prosecution, it shall appear to the Sec. 14. satisfaction of the court, that there can be no reasonable expectation, Children of criminals in that the family of the prisoner will be brought up in honest courses, certain cases it shall be the duty of such court to certify the same to the overseers

of the poor for the district in which such family may reside, provided the same be within the limits of the jurisdiction of such court; and the said overseers shall thereupon bind out the children of such per son, to honest, respectable, and virtuous citizens, for the same periods of time, and under the same conditions for their instruction and maintenance, as in other cases of orphans and poor children, and return the indentures to the next county court, and likewise certify to

the said superior court, their doings therein. 1807—(24)

Whereas, it is intended that impartial justice should be had and adPreamble. ministered to all the citizens of this territory, as well to the poor as to

the rich : And whereas, poor citizens are not of ability or power to sue according to the laws of this land, for redress of injuries and wrongs to them done, as well concerning their persons and inheritance as other causes :-For remedy thereof, in behalf of the poor persons of this land, not able to sue for their relief after the course of the law:

$ 10. Be it enacted, &c. That every poor person who shall have Poor persons cause of action against any person within this territory, shall have, by writs, coun. the discretion of the court, before whom he would sue, writ or writs sel, &c., free of charge.

ree original, and writs of subpæna, according to the nature of his cause,

nothing paying for the same; and the said court shall direct their clerk

to be bound out.

Sec. 1.

count of ex

to issue the necessary process; shall assign to him counsel learned in the laws, and appoint all other officers requisite and necessary to be had for the speed of the said suit, who shall do their duties without any reward for their counsels, help, and business in the same.

11. The judge of the county court, together with the commis- 1823—(4) sioners of roads and revenue, in each county, shall annually set apart deco

Part of coun such portion of the county tax as they shall deem necessary, for the ty tax to be purpose of creating a fund for the support of paupers within such apartasane county; which fund shall be kept separate by the county treasurer ; poor-fund. and no money shall be drawn or paid out of said fund, except by order of said judge, for the support of the poor within the county ; and in that case it shall be paid to an overseer of the poor, to be by him applied to the purpose for which it is intended : and all overseers Overseers to aforesaid are hereby required, at the end of the term for which they render ac. are appointed, to render an account to the said judge and commission- penditures. ers, of the manner in which he or they have disposed of the sum or sums of money by them received out of the poor fund the preceding year; and in case any overseer shall neglect or refuse to render such Penalty for account to the judge and commissioners, as hereby required, he shall failing. forfeit and pay the sum of ten dollars for every such neglect or refusal, to be sued for by the county treasurer, for the use of the poor of each county.

$ 12. It shall be the duty of all overseers of the poor, in every 1823—(25) county in this state, to make just and true returns of all poor per-decoreer sons under their charge and care, to their county courts respective- return list of ly, on or before the court to be held in the month of August in each paupers, a year; which list shall contain the situation of the paupers, the amount of money necessary to support the same, together with such other circumstances as they may think proper, so as to enable such court to know correctly what sum it may be necessary to appropriate in compliance with “ An Act to set apart a separate fund, for the support of the poor in each county," passed January 1st, 1823.

$ 13. If any overseer of the poor shall fail or refuse to make the 16. Sec. 2. report required by the foregoing section, without being able to render Penalty for

not making 2 satisfactory excuse for such failure, to be judged of by such court, return. either by personal appearance, or by affidavit by the succeeding court, such overseer shall be liable to a fine of ten dollars by sentence of such court.

a The prece

PRISONS AND PRISONERS.

1. Commitment, guarding, and expenses of prisoners.
2. Enlargement by Habeas Corpus.

1. Commitment, guarding, and expenses of prisoners.,

$1. EVERY warrant, mittimus, writ, process, or precept of any kind, 1807—(26)

Bit Mittimus, or the attested copy thereof, by which any prisoner may be commit- wr ted to, or enlarged from any jail in this territory, shall be regularly be filed; filed in its order of time, and safely kept by the sheriff, or keeper of the jail under his direction; and upon the death, removal, or resignation of any sheriff, every such warrant, mittimus, writ, process, and precept, or copy thereof, filed and kept as aforesaid, shall be delivered and deliverover to his successor in office, on demand by him made, under the penalty of three hundred dollars, to be recovered of the sheriff so re

writs, &c., to

to officer's successor.

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