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Poft in such Town or Towns, at least twenty Days before they enter on said Service, thereby notifying the Owners of the Lands, and others concerned, of the Time, Piace, and Occalion 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 same, and make Return thereof in Writing under their Hands to said County Court ; which being approved by the Court and recorded, said Highway shall be and remain a Publie High-way : And the Charges of laying out the same, and the Damages fustained by any Perfons thereby, shall be paid by the Town in whose Bounds it shall be laid out : And upon their Neglect to make Paymeot thereof to the Perlons to whom the said Charge or any Part thereof shall be fo ordered, the said Court thall send forth a Scire Facias against the Select-men of said Town, to thew Cause wherefore Execution shall not be awarded against them; and upon their Neglect to fhew sufficient Cause, shall award Execution againit chem for the Charges aforesaid, with additional Coft.
And in Case any Person is aggrieved by the Doings of said Committee, eiAggrieved ther in laying out fuch Highway or estimating the Damages, the Court upon persons 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 such Relief as the Case may require. But if it appear that there was no juft Cause of Complaint, the Court may Order that the Person applying hall pay the Coft, arising thereby, otherwise it shall be paid by the Town; and fuch Court may give Judgment and grant Execution accordingly.
And be it further ena&ed by the Authority aforesaid, That the Select-men of the respective Towns in this State, or the major Part of them, may lay out such
public Highways or private Ways as they shall judge needful, within their reSelect-men spective Towns, first giving reasonable Notice to the Owners of the Lands may lay out through which the fame are to be laid out, or leave such Notice in Writing at highways,&c the Place of their Abode, if within this State, to be present, if they fee Cause,
at the laying out of such Ways : And the Damage done to such Person by laying out the same, thall be paid by the Persons applying for such Ways, if the famc be for their Private Use only, but if such Ways be for the common Ule of the Inhabitants, it shall be paid by the Town : And a Survey in Writing, under the Hands of the Select-men, containing a particular Description of such Ways being made, accepted by the Town, and recorded in the Records of Lands in fuch Town, and Satisfaction made to the Persons damnified, or the Money deposited with the Town Treasurer for their Use, ready to be paid to them when they apply for the same, according to an Estimate that fhall be made by three judicious difinterested Freeholders, under Oath, appointed by a Justice of the Peace for that Purpose, or as the Select-men and Parties interested may a. gree; then such Ways shall be and remain for the Use for which they were laid out.
Provided nevertheless, That if any Person shall be aggrieved by any Aa of the Select-men, in laying out any public or private Way, or by the Eftimate of the Damages, such aggrieved Person may, within eight Months after the same is laid out, apply to the County Court in the County where in such Town is situated, for Relief; causing said Select-men to be duly
cited to thew Reason, if any be, why fuch Relief should not be granted; Proviso. which Court may enquire of the same by a Jury, if the aggrieved Party
defire it, or by a Committee, and grant such Relief as shall appear to said Court jud and reasonable, either by discontinuing such Highway or private
Way, or altering the fame, or increasing the Damages : And if it appear there was jaft Cause of Complaint, the Charges arising thereby, and the Increase of Damages, if any be, shall be paid by the Town or Persons, for whole Use such Way is laid out ; but if otherwise, the said Court may order said Cost to be paid by the Party complaining, and give Judgment and grant Execution accordingly.
And no Highway or private Way, laid out by the Select-men by Virtue of Highways this act through any person's Inclosure, who shall declare himself aggrieved by laid out by laying out the same, shall be laid open or occupied until the Expiration of twelve men, not to Months after laying out such Way, that such Persons may have Opportunity be laid open to apply for Relief as aforesaid, and also have Time to fence and secure their till after one laclosure.
And be it further enacted, That if the Select-men of any Town, upon Application, thall retuse or neglect to lay out fuch private Ways as may be neceffa. Sele&t-men ry for any Inhabitants of such Town, the County Court is hereby impowered,
refusing to upon Application to caule luch Ways to be laid out as may appear necessary, vate ways,
layout pria in the saine Manner as public Highways are by this Act directed to be laid out, county court and order the Cost of laying out the same, and Damages sustained by any Per- impowered, lons thereby, to be paid by the Perlons applying for such Ways, if the fame be &c. for their Use only; but if for the common Use of the Inhabitants, then to be paid by the Town.
And each Committee-man imployed in laying out High-ways, shall be al- Pay allowed lowed for himself, Horse and Expences, Eight Shillings per Diem.
to committee An Act to prevent the selling, or transporting raw or untanned
Hides or Skins, out of this state.
Court afsembled, and by the Authority of the same, That no Person or Penalty for Perlons, thall, directly or indirectly, sell or transport, or lend away out of this transporting
raw hides out 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 such Hide or Skin so told, transported, or sent away ; one Half thereof to the Complainer, who Thall prosecute the same to Effect, and the other Half to the Treasury of the County where the Offence is committed.
of the State.
An Act for the preventing of Horse-Racing. WHEREAS Horse Racing is a growing Evil, productive of Dilipation, Idle
ness, and many other Vices ruinous to Individuals and detrimental io the Preamble. public Weal.
Which to prevent :
a Jembled, and by the Authority of the fame, That the Owner or Owners of every Horse or Horse-Kind, that shall be used, employed, or improved in Horse-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 in
Penalty for directly, shall forfeit every such Horse or Horse-Kind employed as aforesaid,
horse racing, or the value thereof. And that every Person or Persons concerned in laying where hets any Bet or Bets or Wagers on such Race or Races Thall forfeit the Sum of Forly are laid. Shillings lawful Money, in all Cafes where the Bet or Wager laid shall be Forty Shillings or under ; in all other Cases the value of the Bet or Wager laid as aforesaid.
All which Forfeitures to be recovered by Bill, Plaint, or Information thereof made, and Conviction had before any proper Court to try the same ;
Penalties the one half of said Forfeitures (in Case of a common Informer) to him or them How recovero who thall prosecute the same to Effect, and the other Haif to the public Trea
fury ; but in Case of Prosecution by an Informing Officer, the whole of said
Penalty to the public Treasury. Informing
And all Informing Officers are hereby directed to make due Presentment of oficers to preint.
all Breaches of this A&.
An Act for relieving and ordering of Idiats, impotent, distract
ed and idle Perfons.
B E it enacted by the Governor, Council and Representatives, in General Court
assembled, and by the Authority of the jame, That when and to often as it
shall happen that any Person or Perlons shall be naturally wanting of UnderEroviding
standing, so as to be incapable to provide for themselves; or by the Providence for idiots and of God Thall fall into Distraction, and become Non compos Meniis, or fall by ciftracted Age, Sickness, or otherwise become poor and impotent, and unable to iupport perfons. or provide for themselves"; and having no Estate where-withal they may be
dupported and maintained, then they, and every of them shall be provided for, taken care of, and supported by such of their Relations as stand in the Line or Degree of Father or Mother, Grand-father or Grand-Mother, Children or Grand-children, if they are of suficient Ability to do the same : Which fufficient Relations in all provide fuch Support and Maintenance, in such Manner and Proportion as the County Court in that County where tuch Idiot, distracted, poor or impotent Person dwells, shall judge just and reasonable; whether such suihcient Relations dwell in the same, or in any other County,
And the said Courts are hereby fully authorized and impowered, upon ApApplication to be made to plication to them made, either by the Select-men of the Tuin, or any one or the C. court. more of such Relations, to order the same accordingly.
And if any such Relations who Thall by such Court be afrested or ordered to pay and contribute any certain Sum or Sums for the Purpole aforesaid, thall
neglect to do the same, or give fufficient Security to abide by, and fulfil the execution, in Judgment of the Court, the faid Court may award Execucion quarterly againit cale, &c. such Persons respectively, for the levying of so much as they are respectively af
sessed : To be delivered into the Hands of the Complainant or Complainants
respectively, for the Purpose aforesaid. Idiots, dir.
But if such Idiot, distracted or impotent Persons have any Estate, the County tracted & im. Court of that County where they dwell, may order and dispose thereof in such potent per- Manner as they shall judge bel for, and towards the support of such Persons ; tors having as also the Persons themselves, to any proper Work or Service he, she or they eftates, the
may be capable to be employed in, at the discretion of the Select-men; or may order, &c.
appoint and im power fome meet Perlon a Conservator to take care of, and oversee fuch Idiots, distracted and impotent Persons and their Estates, for their Support ; who shall be accountable to said Court for their Management of said Truft, when thereunto ordered by said Court.
That in future, whenever it shall appear to the respective County Courts, upon the liquidation and adjustment of Accounts exhibited to them, pursuant to
the Provisions of this Act, that the Debes so ascertained, lhall exceed the per. Power of
fonal Eitate of such idiot, distracted or impotent Person or Persons, it shall be Courity
lawful for the laid Courts respectively, to order the Sale of so much of the real coulis io or- Eftate of such Person or Perions as fall be sufficient to pay the same, with incider sale of es dent Charges of Sale, in such Manner as shall appear to them most for the BeEcs of idiota, nefit of such Eitate ; which Saies shall be good and effectual in the Law to ail
Intents and Purpoies whailveyor ; any Thing in this Ad to the contrary in any wite norwinlanding:
C. court to
eftate, nor any relative appear, the
Bat if such Idiots, distracted, poor and impotent Persons have not Estate If said per(the Incomes whereof being improved or disposed of as aforesaid) fufficient for fons have no their Support, and no Relations appear to provide for them, or that stand in so near a Degree that they may be compelled ihereto; in every such Case the Select-men or Oversters of the Poor of the Town or Peculiar where such Per- lcieet nen to fon was born, or is by Law an Inhabitune, be, and hereby are impowered and take care and required to take effeâual Care, and make neceflary Provision for the Relief, their releif. Support and Safety of toch Idiot, distracted, poor or impotent Perlon, at the Charge of the Town or Place where to he or fie of Right belongs: or if they belong to no Town or Place in this Siate, then at the loft and Charge of the State:
That when it Mall so happen, that any Man Fall die without Issue, leaving a Widow and a. Eitate, real or personal belonging to him, such Eltate is hereby Efate of permade liable for the Support of the Widow of luch deceated Husband, during her sons who die Widowhood, in Cafe ihe become iin. potent, and no Person of Ability held in without iffue Law to support her. Anu that all and every person os Perions, to whom such liable to fup
wiEitate, or any part thereot is given or descends respectively, fall so far as the
dow. Titate to given or descended extends, be held to support such Widow during ber Widowhood, in Proportion to the Value of the Efate so given or descended to him or them as aforelaid relpectively : Such Maintenance and Support to be Iecovered of such Heir os Legaiee, their Heirs &c. in the fame Way and ManDer as may be obtained against Children ior the Support of their Parents, according to the Laws of this Siate in such Case made and provided. And be it furtber enacted by the duthority aforesaid, 'That the Select-men
Select-men for the Time being, in the leveral Towns in this State, Tall from Time to to inspect inTime, diligently infpect into the Afairs and Management of all Persons in to the affairs their Town, whether Houtholders or others ; and if they shall find any Person or of all persons Persons that are reduced, or are like to be reduced to want by Idleness, Mif- in their
And if such Measures do not prove fufficient to reform such Person, then the
thereof: Which Aliftant the select
men to, &c. or Justice is hereby directed and impowered, at the Request of the Select-men, to issue forth his Warrant to the Sheriff, his Deputy, or to cither of the Conitables of that Town, commanding them to take the Body of such Person, and bring him before the said Authority, in order that such Person may be examined concerning his Idleness, Mismanagement, and bad Husbandry, and to be dealt with according to this Act.
And in Case tuch Person who shall be so informed against, shall abscond, so that he cannot be taken bodily, then the Officer shall lerve such Warrant by leaving a true and attested Copy thereof at the usual, or latt Place of his Abode;
Such persons and thereupon, after the Proceedings above directed to, the Select-men, or the
not to make major part of them, if no sufficient Realon be offered to the contrary, shall, by contracts, &c and with the Advice of said Alliftant or Justice, and they having luch Advice, are hereby authorized, and fully impowered to take such Person and his family, if any he hath, into, and un ler ineir Care ; and such Person and Family to align, bind, anu dispose of in Service as they shall judge beft.
And when the Select-men Mall have thus taken into their Care any such Person, and dispoled of him as aforesaid ; or ip Case of his absconding as aforesaid, if informed, and proceeded against as aforesaid ; the Select-men for the
Time being are hereby authorized and fully impowered, by and with the AdSelect-men
vice of the laid Affiftant or Justice, to take into their Hands and Custody, all to take inio their hands the Lands, Goods, Chattels and Credits of any such Person, and the same to the Lands, dispole ot, improve and manage by themselves, or any under them for the bett
Good and Advantage of such Person, or his Heirs.
Always provided, That no Select-men thall have Liberty to sell the Lands Proviso. of
poor, or idle Person, without the Order of the General Affembly.
And the Select-men Mall make evident and certain their Doings with and on such Efate as they shall take as aforesaid, by forth with setting up a Certifi
cation thereof in Writing, under the Hands of the said Authority and SelectSelect-men men on the Sign-poft, or some other public Place in said Town; and lodge a to set up on Copy chereof in the Town-Clerk's Office of the said Town ; and shall also the fign poft within ten Days after the taking of such Eftare into their Hands, make a true a certificate
and perfect Inventory of all, and singular the Goods, Chartels and Credits of of their prou fuch Perlon, as shall come into their Hands, with a just Etimate of the true Value taking the of every Article thereof, by the Appraisement of two indifferent Free-holders estate of poor under Oath, being thereunto appointed and sworn by faid Authority: Which & idle per- Inventory fo taken, shall be lodged in the Town-Clerk's Office of that fons.
And if any Person or Persons shall detain or with-hold from such Select-men Select-men
any Eftate, Lands, or Credits belonging to such idle and poor Person, the faid to demand and recover
Select-men are hereby im powered to demand and recover the same by Action, the estates or by other Means, from Time to Time : Which being recovered and received of idle per by such Select-men, fall, if personal Estate, be inventoried as aforesaid; and fons, &c. the whole to be improved as aforesaid. Select-men
And the said Select-men Thall take Care to pay out of such Efate in their to pay out,
Hands, the juft Debts due from such Persons. &c.
And if any Person or Persons shall be aggrieved with the Doings of any Persons ago
Select-men in any such Case, they may apply themselves, and complain to the griev'd, to next County Court in that County for Relief; who are hereby im powered to apply to the afford such Relief, on hearing the Case, as they shall think convenient ; county court and give Orders therefor, and put the same in Execution accordingly.
And all such Persons who shall be taken, and whose Estate shall be taken and
disposed of according to this Act, shall be disabled to make any Contract, A&t or Disabled
Deed that shall be binding upon their Persons or Eftate, as Minors under Guarfrom making dians by Law are ; until such time as such Persons by their Industry, good
Management and Application to Business shall obtain under the Hands of such Authority and Select-men that they are released, and their Edate put into their own Hands and Improvement again.
And all Bargains, Sales and Contracts made, or pretended to be made, Contracts void.
contrary to this Act, shall be, and they are hereby declared to be null and void.
An Act for the preventing of Wrong by Impresses, Impresses to be by warrant. BE it enabled by the Governor, Council and Representatives, ir General Court
assembled, and by the Authority of the fame, That no Person thall be comReasonable pelled to do any Work or Service for the Public, unless it be by Warrant allowance. from Authority, and he have seasonable Allowance theresor : Nor shall any