Poft in fuch Town or Towns, at least twenty Days before they enter on faid Service, thereby notifying the Owners of the Lands, and others concerned, of the Time, Place, and Occafion of their Meeting, and shall be under Oath to perform said Service, according to their best Skill and Judgment with moft Convenience to the Public, and leaft Damage to private Property; and fhall ascertain the Place and Course of such Highway, and estimate the Damages done to any particular Perfons by laying out the fame, and make Return thereof in Writing under their Hands to faid County Court; which being approved by the Court and recorded, faid Highway fhall be and remain a Public High-way: And the Charges of laying out the fame, and the Damages fuftained by any Perfons thereby, fhall be paid-by the Town in whofe Bounds it shall be faid out: And upon their Neglect to make Payment thereof to the Perions to whom the faid Charge or any Part thereof fhall be fo ordered, the faid Court fhall fend forth a Scire Facias against the Select-men of faid Town, to fhew Cause wherefore Execution fhall not be awarded against them; and upon their Neglect to fhew fufficient Cause, fhall award Execution against them for the Charges aforefaid, with additional Coft.

And in Cafe any Perfon is aggrieved by the Doings of faid Committee, eiAggrieved ther in laying out fuch Highway or eftimating the Damages, the Court upon perfons how Application, before the Report of the Committee is accepted or any Determirelieved, &c. nation made thereon, may enquire into the Matter complained of by a Jary, if

the Party aggrieved defire it, and grant fuch Relief as the Cafe may require. But if it appear that there was no juft Caufe of Complaint, the Court may Order that the Perfon applying fhall pay the Coft, arifing thereby, otherwise it shall be paid by the Town; and fuch Court may give Judgment and grant Execution accordingly.

And be it further enacted by the Authority aforefaid, That the Select-men of the respective Towns in this State, or the major Part of them, may lay out fuch public Highways or private Ways as they fhall judge needful, within their reSelect-men fpective Towns, firft giving reasonable Notice to the Owners of the Lands may lay out through which the fame are to be laid out, or leave fuch Notice in Writing at highways, &c the Place of their Abode, if within this State, to be prefent, if they fee Caufe,

Provifo.

at the laying out of fuch Ways: And the Damage done to fuch Perfon by laying out the fame, fhall be paid by the Perfons applying for fuch Ways, if the fame be for their Private Use only, but if fuch Ways be for the common Ufe of the Inhabitants, it fhall be paid by the Town: And a Survey in Writing, under the Hands of the Select-men, containing a particular Defcription of fuch Ways being made, accepted by the Town, and recorded in the Records of Lands in fuch Town, and Satisfaction made to the Perfons damnified, or the Money depofited with the Town Treasurer for their Ufe, ready to be paid to them when they apply for the fame, according to an Estimate that fhall be made by three judicious difinterested Freeholders, under Oath, appointed by a Juftice of the Peace for that Purpose, or as the Select-men and Parties interested may agree; then fuch Ways shall be and remain for the Use for which they were laid

out.

Provided nevertheless, That if any Perfon fhall be aggrieved by any Act of the Select-men, in laying out any public or private Way, or by the Eftimate of the Damages, fuch aggrieved Perfon may, within eight Months after the fame is laid out, apply to the County Court in the County wherein fuch Town is fituated, for Relief; caufing faid Select-men to be duly cited to fhew Reason, if any be, why fuch Relief fhould not be granted; which Court may enquire of the fame by a Jury, if the aggrieved Party defire it, or by a Committee, and grant fuch Relief as fhall appear to faid Court juft and reasonable, either by difcontinuing fuch Highway or private

Hides. Horfe racing.

Way, or altering the fame, or increafing the Damages: And if it appear there was juft Caufe of Complaint, the Charges arifing thereby, and the Increafe of Damages, if any be, shall be paid by the Town or Perfons, for whose Ufe fuch Way is laid out; but if otherwise, the said Court may order said Coft to be paid by the Party complaining, and give Judgment and grant Execution accordingly.

the felect

97

And no Highway or private Way, laid out by the Select-men by Virtue of Highways this act through any Perfon's Inclosure, who fhall declare himself aggrieved by laid out by laying out the fame, fhall be laid open or occupied until the Expiration of twelve men, not to Months after laying out fuch Way, that fuch Perfons may have Opportunity be laid open to apply for Relief as aforefaid, and alfo have Time to fence and fecure their till after one Inclosure.

year.

And be it further enacted, That if the Select-men of any Town, upon Application, fhall refufe or neglect to lay out fuch private Ways as may be neceffa- Select-men refusing to ry for any Inhabitants of fuch Town, the County Court is hereby impowered, au pri upon Application to caule fuch Ways to be laid out as may appear neceffary, vate ways, in the fame Manner as public Highways are by this Act directed to be laid out, county court and order the Cost of laying out the fame, and Damages fuftained by any Per- impowered, fons thereby, to be paid by the Perfons applying for fuch Ways, if the fame be &c. for their Ufe only; but if for the common Ufe of the Inhabitants, then to be paid by the Town.

And each Committee-man imployed in laying out High-ways, fhall be al- Pay allowed lowed for himself, Horfe and Expences, Eight Shillings per Diem.

An Act to prevent the felling, or transporting raw or untanned
Hides or Skins, out of this State.
of

to committee

raw hides out of the State.

Eit enacted by the Governor, Council, and Reprefentatives, in General or Court affembled, and by the Authority of the fame, That no Perfon or Penalty for Perfons, fhall, directly or indirectly, fell or tranfport, or lend away out of this tranfporting State, any raw or untanned Hides or Skins of any Neat Cattle, upon pain of forfeiting the Sum of Twenty Shillings lawful Money, for every fuch Hide or Skin fo fold, tranfported, or fent away; one Half thereof to the Complainer, who shall profecute the fame to Effect, and the other Half to the Treasury of the County where the Offence is committed.

An Act for the preventing of Horse-Racing.

WHEREAS Horfe-Racing is a growing Evil, productive of Diffipation, Idlenefs, and many other Vices ruinous to Individuals and detrimental to the Preamble. public Weal. Which to prevent :

Penalty for

BE E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the fame, That the Owner or Owners of every Horse or Horfe-Kind, that fhall be ufed, employed, or improved in Horfe-Racing in this State, by his or their Privity or Permiffion, whereon any Stakes are held, or any Bets or Wagers laid or dependant, either directly or indirectly, fhall forfeit every fuch Horfe or Horfe-Kind employed as aforefaid, horfe racing, or the Value thereof. And that every Perfon or Perfons concerned in laying where hets any Bet or Bets or Wagers on fuch Race or Races fhall forfeit the Sum of Forty are laid. Shillings lawful Money, in all Cafes where the Bet or Wager laid shall be Forty Shillings or under; in all other Cafes the value of the Bet or Wager laid as aforefaid.

All which Forfeitures to be recovered by Bill, Plaint, or Information thereof made, and Conviction had before any proper Court to try the fame ;

98

Penalties

Idiots, &c.

the one half of faid Forfeitures (in Cafe of a common Informer) to him or them How recover who fhall profecute the fame to Effect, and the other Haif to the public Treafury; but in Cafe of Profecution by an Informing Officer, the whole of faid Fenalty to the public Treasury.

cd.

Informing

ficers to

Providing

ciftracted perfons.

And all Informing Officers are hereby directed to make due Prefentment of all Breaches of this Act.

An Act for relieving and ordering of Idiots, impotent, distracted and idle Perfons.

B

E it enacted by the Governor, Council and Representatives, in General Court affembled, and by the Authority of the jame, That when and to often as it fhall happen that any Perfon or Perfons fhall be naturally wanting of Underftanding, fo as to be incapable to provide for themfelves; or by the Providence for idiots and of God fhall fall into Distraction, and become Non compos Mentis, or fhall by Age, Sicknefs, or otherwife become poor and impotent, and unable to support or provide for themselves"; and having no Eftate where-withal they may be fupported and maintained, then they, and every of them fhall be provided for, taken care of, and fupported by fuch of their Relations as ftand in the Line or Degree of Father or Mother, Grand-father or Grand-Mother, Children or Grand-children, if they are of fufficient Ability to do the fame: Which sufficient Relations fall provide fuch Support and Maintenance, in fuch Manner and Proportion as the County Court in that County where fuch Idiot, distracted, poor or impotent Perfon dwells, fhall judge juft and reafonable; whether fuch fuflicient Relations dwell in the fame, or in any other County.

And the faid Courts are hereby fully authorized and impowered, upon ApApplication to be made to plication to them made, either by the Select-men of the Town, or any one or the C. court. more of fuch Relations, to order the fame accordingly.

To award

And if any fuch Relations who fhall by fuch Court be affeffed or ordered to pay and contribute any certain Sum or Sums for the Purpole aforefaid, fhall neglect to do the fame, or give fufficient Security to abide by, and fulfil the execution, in Judgment of the Court, the faid Court may award Execution quarterly against fuch Perfons refpectively, for the levying of fo much as they are refpectively affeffed To be delivered into the Hands of the Complainant or Complainants respectively, for the Purpose aforefaid.

cafe, &c.

Idiots, dif.

potent per-
fons having
eftates, the
C. court to
order, &c.

But if fuch Idiot, distracted or impotent Perfons have any Eftate, the County tracted & im- Court of that County where they dwell, may order and dispose thereof in fuch Manner as they fhall judge beft for, and towards the Support of fuch Perfons; as alfo the Perfons themselves, to any proper Work or Service he, the or they may be capable to be employed in, at the difcretion of the Select-men; or may appoint and impower fome meet Perfon a Confervator to take Care of, and overfee fuch Idiots, distracted and impotent Perfons and their Eftates, for their Support; who fhall be accountable to faid Court for their Management of faid Truft, when thereunto ordered by faid Court.

Power of
County

That in future, whenever it shall appear to the refpective County Courts, upon the liquidation and adjustment of Accounts exhibited to them, purfuant to the Provifions of this Act, that the Debts fo afcertained, hall exceed the perfonal Estate of fuch idiot, diftracted or impotent Perfon or Perfons, it fhall be lawful for the faid Courts refpectively, to order the Sale of fo much of the real Eftate of fuch Perfon or Perfons as fhall be fufficient to pay the fame, with incider fale of ef- dent Charges of Sale, in fuch Manner as fhall appear to them most for the Betes of idiots, nent of fuch Eftate; which Sales shall be good and effectual in the Law to all Intents and Purposes whatfoeyer; any Thing in this Aft to the contrary in any wife notwithfunding.

counts to or

icc.

fons have no

eftate, nor

But if fuch Idiots, diftracted, poor and impotent Perfons have not Eftate If faid per(the Incomes whereof being improved or difpofed of as aforefaid) fufficient for their Support, and no Relations appear to provide for them, or that ftand in fo any relative near a Degree that they may be compelled thereto; in every fuch Cafe_the appear, the Select-men or Overseers of the Poor of the Town or Peculiar where fuch Per- felect-mien to fon was born, or is by Law an Inhabitant, be, and hereby are impowered and take care and required to take effectual Care, and make neceflary Provifion for the Relief, their releif. provide for Support and Safety of fach Idiot, diftracted, poor or impotent Perfon, at the Charge of the Town or Place whereto he or fe of Right belongs: or if they belong to no Town or Place in this State, then at the Coft and Charge of the State.

port the wi

That when it shall so happen, that any Man fhall die without Iffue, leaving a Widow and an Eitate, real or perfonal belonging to him, fuch Eftate is hereby Eftate of permade liable for the Support of the Widow of fuch deceated Hufband, during her fons who die Widowhood, in Cafe he become impotent, and no Perfon of Ability held in without iffue Law to fupport her. And that all and every Perfon or Perions, to whom fuch liable to fupEitate, or any Part thereof is given or defcends refpectively, fhall fo far as the dow. litate fo given or defcended extends, be held to fupport fuch Widow during her Widowhood, in Proportion to the Value of the Eftate fo given or defcended to him or them as aforefaid refpectively; Such Maintenance and Support to be recovered of such Heir or Legatee, their Heirs &c. in the fame Way and Manner as may be obtained against Children or the Support of their Parents, according to the Laws of this State in fuch Cafe made and provided.

towns.

And be it further enacted by the Authority aforesaid, That the Select-men Select-men for the Time being, in the feveral Towns in this State, fhall from Time to to infpect inTime, diligently infpect into the Affairs and Management of all Perfons in to the affairs their Town, whether Houtholders or others; and if they fhall find any Perfon or of all perfons Persons that are reduced, or are like to be reduced to Want by Idleness, Mif- in their management, or bad Husbandry, that then fuch Select-men may appoint an Overfeer to advife, direct, and order fuch Perfon in the Management of his Baliness, for fuch Time or Times as they fall think proper: A Certificate of which Appointment the Select-men fhall forthwith fet upon the Sign-poft, and lodge a Copy thereof in the Town-Clerk's Office of faid Town; and thereupon no fuch Perfon while under fuch Appointment, fhall be able to make any Bargain or Contract without the Confent of fuch Overseer, that fhall be binding, or valid in Law.

the select

men to, &c.

And if fuch Measures do not prove fufficient to reform fuch Perfon, then the Select-men, (or without first appointing fuch Overfeer, if they judge it neceffa- Perfons not ry, or more proper) may, and they are hereby directed to make Application to reformed, the next Affiitant or Juftice of the Peace, and inform him thereof: Which Affiftant or Juftice is hereby directed and impowered, at the Requeft of the Select-men, to iffue forth his Warrant to the Sheriff, his Deputy, or to either of the Conftables of that Town, commanding them to take the Body of fuch Perfon, and bring him before the faid Authority, in order that fuch Perfon may be examined concerning his Idlenefs, Mifmanagement, and bad Hufbandry, and to be dealt with according to this Act.

And in Cafe fuch Perfon who fhall be fo informed again ft, fhall abfcond, fo that he cannot be taken bodily, then the Officer fhall ferve fuch Warrant by leaving a true and attefted Copy thereof at the ufual, or lait Place of his Abode; and thereupon, after the Proceedings above directed to, the Select-men, or the major Part of them, if no fufficient Realon be offered to the contrary, fhail, by and with the Advice of faid Affiftant or Juftice, and they having fuch Advice, are hereby authorized, and fully impowered to take fuch Perfon and his Family, if any he hath, into, and un ler their Care; and fuch Perfon and Family to aflign, bind, and dispose of in Service as they fhall judge beft,

Such perfons

not to make

contracts, &c

Select-men to demand

Impreffes.

And when the Select-men shall have thus taken into their Care any such Perfon, and difpofed of him as aforefaid; or in Cafe of his abfconding as aforefaid, if informed, and proceeded against as aforefaid; the Select-men for the Time being are hereby authorized and fully impowered, by and with the Advice of the faid Affiftant or fuftice, to take into their Hands and Custody, all the Lands, Goods, Chattels and Credits of any fuch Perfon, and the fame to difpole of, improve and manage by themselves, or any under them for the best Good and Advantage of fuch Perfon, or his Heirs.

of

Always provided, That no Select-men fhall have Liberty to fell the Lands fuch poor, or idle Perfon, without the Order of the General Affem

bly.

any

And the Select-men shall make evident and certain their Doings with and on fuch Eftate as they shall take as aforefaid, by forthwith fetting up a Certifi cation thereof in Writing, under the Hands of the faid Authority and Selectmen on the Sign-poft, or fome other public Place in faid Town, and lodge a Copy thereof in the Town-Clerk's Office of the faid Town; and shall alfo within ten Days after the taking of fuch Eftate into their Hands, make a true and perfect Inventory of all, and fingular the Goods, Chattels and Credits of fuch Perfon, as fhall come into their Hands, with a juft Elimate of the true Value of every Article thereof, by the Appraisement of two indifferent Free-holders under Oath, being thereunto appointed and fworn by faid Authority: Which Inventory fo taken, fhall be lodged in the Town-Clerk's Office of that

Town.

And if any Perfon or Perfons fhall detain or with-hold from fuch Select-men any Estate, Lands, or Credits belonging to fuch idle and poor Perfon, the said Select-men are hereby impowered to demand and recover the fame by Action, or by other Means, from Time to Time: Which being recovered and received of idle per- by fuch Select-men, fhall, if perfonal Eftate, be inventoried as aforesaid; and the whole to be improved as aforefaid.

and recover the eftates

fons, &c.

Select-men

to pay out, &c.

And the said Select-men fhall take Care to pay out of fuch Eftate in their Hands, the just Debts due from fuch Perfons.

And if any Perfon or Perfons fhall be aggrieved with the Doings of any Perfons agSelect-men in any fuch Cafe, they may apply themselves, and complain to the griev'd, to next County Court in that County for Relief; who are hereby impowered to apply to the afford fuch Relief, on hearing the Cafe, as they fhall think convenient ; county court and give Orders therefor, and put the fame in Execution accordingly.

Difabled

And all fuch Perfons who shall be taken, and whose Estate shall be taken and difpofed of according to this Act, shall be disabled to make any Contract, A&t or Deed that fhall be binding upon their Perfons or Eftate, as Minors under Guarfrom making dians by Law are; until fuch Time as fuch Perfons by their Industry, good Management and Application to Bufinefs fhall obtain under the Hands of fuch Authority and Select-men that they are released, and their Estate put into their own Hands and Improvement again.

contracts.

Contracts void.

And all Bargains, Sales and Contracts made, or pretended to be made, contrary to this Act, fhall be, and they are hereby declared to be null and void.

Impreffes to be by war

rant.

An Act for the preventing of Wrong by Impreffes.

E it enacted by the Governor, Council and Representatives, in General Court

the

Reasonable pelled to do any Work or Service for the Public, unless it be by Warrant allowance. from Authority, and he have reasonable Allowance therefor: Nor fhall any