Idiots, luna ticks &c, to tions. Horfe-Racing. Idiots, &c. Cattle, upon Pain of forfeiting the Sum of Three Dollars and Thirty-four Cents, for every fuch Hide or Skin fo fold, transported or fent away; one Half thereof to the Complainer, who fhall profecute the fame to Effect, and the other Half to the Treasury of the County where the Offence is committed. An Act for preventing of Horfe-Racing. WHEREAS Horfe- Racing is a growing Evil, productive of Diffipation, Idlenefs, and many other Vices ruinous to Individuals and detrimental to the public Weal. Which to prevent : E it enacted by the Governor and Council, and Houfe of PAR. 1. Reprefentatives, in General Court affembled, That the Owner or Owners of every Horfe or Horfc-kind, that shall 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, or the Value thereof. And that every Perfon or Perfons concerned in laying any Bet or Bets or Wagers on fuch Race or Races fhall forfeit the Sum of Seven Dollars, in all Cafes where the Bet or Wager laid fhall be Seven Dollars, or under; in all other Cafes the Value of the Bet or Wager laid as aforefaid. 2. All which Forfeitures to be recovered by Bill, Plaint, or Information thereof made, and Conviction had before any proper Court to try the fame; the one Half of faid Forfeitures (in Cafe of a common Informer) to him or them who fhall profecute the fame to Effect, and the other Half to the public Treasury; but in Cafe of profecution by an Informing Officer, the Whole of faid. Penalty to the public Treasury. 3. 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. PAR. 1. when and fo often as it fhall happen that any Person or Perfons fhall be naturally wanting of understanding, fo as to be incapable be maintained to provide for themselves; or by the Providence of God fhall fall by their rela- into diftraction, and become Non Compos Mentis, or fhall by Age, Sicknefs, or otherwife, become poor and impotent, and unable to fupport or provide for themselves, and having no Estate wherewithal 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 Degree or Line of Father or Mother, Grand-father or Grand-mother, Children or Grand-children, E it enacted by the Governor and Council, and Houfe of B Reprefentatives, in General Court affembled, That 1 Idiots, &c. if they are of fufficient Ability to do the fame: Which fufficient Relations fhall provide such Support and Maintenance, in fuch Manner and Proportion, as the County Court in that County where fuch Idiot, diftracted, poor or impotent Perfon dwells, fhall judge juft and reasonable; whether fuch fufficient Relations dwell in the fame, or in any other County. 233 2. And the faid Courts are hereby fully authorized and empow- County court ered, upon Application to them made, either by the Select-men of may order the Town, or any one or more of fuch Relations, to order the fame accordingly. 3. And if any fuch Relations who fhall by fuch Court be affeffed, or ordered to pay and contribute any certain Sum or Sums for maintenances the Purpose aforefaid, fhall neglect to do the fame, or give fuffici- May award] ent Security to abide by and fulfil the Judgment of the Court, the execution. 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 refpectively, for the Purpofe aforefaid. any Idiots, luna tics, &c. hav 4. But if fuch Idiot, diftracted or impotent Persons have Eftate, the County Court of that County where they dwell, may ingeftates, order and difpofe thereof in fuch Manner as they fhall judge beft for, and towards the Support of fuch Perfons; as alfo the Perfons may order, &c themselves, to any proper Work or Service he, fhe or they may county court be capable to be employed in, at the Discretion of the Select-men; may appoint a or may appoint and empower fome meet Perfon a Confervator to confervator. 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 there unto ordered by faid Court. 5. That in future, whenever it fhall appeak to the respective County Courts, upon the Liquidation and Adjuftment of Accounts exhibited to them, pursuant to the Provifions of this A&t, that the Debts fo ascertained, shall exceed the perfonal Eftate of fuch Idiot, distracted or impotent Person or Perfons, it fhall be lawful for the faid Courts refpectively, to order the Sale of fo may order fale much of the real Estate of such Perfon or Perfons, as fhall be fuf- of eftates of la ficient to pay the fame, with incident Charges of Sale, in fuch Manner as fhall appear to them most for the Benefit of fuch Eftate; which Sales fhall be good and effectual in the Law to all Intents and Purposes whatfoever; any Thing in this A&t to the contrary in any Wife notwithstanding. diots, &c. 6. But if fuch Idiots, diftracted, poor and impotent Perfons If idiots, &t, have not Eftate (the Incomes whereof being improved or difpofed have no eftates of as aforefaid) fufficient for their Support, and no Relations ap- &c. pear to provide for them, or that ftand in fo near a Degree that they may be compelled thereto; in every fuch Cafe the Selectmen or Overfeers of the Poor of the Town or Peculiar where fuch Perfon was born, or is by Law an Inhabitant, be and hereby are empowered and required to take effectual Care, and make neceffary Provifion for the Relief, Support, and Safety of fuch Idiot, relieve them.; Hh Select-men to provide for & 234 Iftates of perfons dying without illue, liable for wid wws fupport. towns. Idiots, &c. diftracted, poor, or impotent Perfon, at the Charge of the Town or Place whereto he or she of Right belongs, or if they belong to no Town or Place in this State, then at the Coft and Charge of the State. 7. That when it fall fo happen, that any Man fhall die without Iffue, leaving a Widow and an Effate, real or perfonal, belonging to him, fuch Eftate is hereby made liable for the Support of the Widow of fuch deceafed Hufband, during her Widowhood, in Cafe fhe become impotent, and no Perfon of Ability held in Law to fupport her. And that all and every Perfon or Perfons to whom fuch Eftate, or any Part thereof, is given or defcends refpectively, fhall, fo far as the Eftate 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 aforelaid, refpe&tively: Such Support and Maintenance to be recovered of fuch Heir or Legatee, their Heirs, &c. in the fame Way and Manner as may be obtained against Children for the Support of their Parents, according to the Laws of this State in fuch Cafe made and provided. 8. Be it further enacted, That the Select-men for the Time beSelect-men to ing, in the feveral Towns in this State, fhall from Time to Time, infpectintothe diligently infpect into the Affairs and Management of all Perfons affairs of all in their Town, whether Houfholders or others; and if they fhall perfons intheir find any Perfon or Perfons that are reduced, or are likely to be reduced to Want by Idlenefs, Mifmanagement, or bad Husbandry, that then fuch Select-men may appoint an Overseer to advise, diWhen to ap- rect, and order fuch Perfon in the Management of his Bufinefs, point overfor fuch Time or Times as they fhall 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-Clerks-Office of faid Town; and thereupon no fuch Perfon, while under fuch Appointment, fhall be able to make any Bargain or Contract, without the Consent of such Overseer, that shall be binding, or valid in Law. Leers. Difability as to contracts. Idle perfons ot reforming, 9. And if fuch Measures do not prove fufficient to reforin fuch Perfon, then the Select-men (or without firft appointing fuch Overfeer, if they judge it neceffary or more proper) may, and they are hereby directed to make Application to the next Affiftant or Juftice of the Peace, and inform him thereof: Which Affiftant or Juftice is hereby directed and empowered, at the Request be appreof the Select-men, to iffue forth his Warrant to the Sheriff, his hended and ex Deputy, or to either of the Conftables of that Town, commandamined refpes ing them to take the Body of luch Perfon, and bring him before the faid Authority, in order that fuch Person may be examined concerning his Idlenefs, Milmanagement, and bad Husbandry, and be dealt with according to this Act. ting their idlenels, &c. 10. And in Cafe fuch Perfon who fhall be fo informed against, 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 laft Place of his Abode; and thereupon, after the Proceedings above directed be had, the Select-men, er ! Idiots, &c. the major Part of them, if no fufficient Reafon be offered to the 235 When Select ontrary, fhall, by and with the Advice of faid Affiftant or Justice, men may dif 11. And when the Select-men fhall have thus taken into their eftates and Always provided, That no Select-men fhall have Liberty to fell Provifo. Select-men to ings, &c. 12. And the Select-men fhall make evident and certain their Doings with, and on fuch Eftate as they fhall take as aforefaid, by fet up on the forthwith fetting up a Certificate thereof in Writing, under the fign-poft a cerHands of faid Authority and Select-men, on the Sign-Poft, or tificate of their proceedfome other public Place in faid Town; and fhall also lodge a Copy thereof in the Town Clerk's Office of faid Town; and alfo within Ten Days after the taking of fuch Eftate into their Hands, to make an in make a true and perfect Inventory of all, and fingular the Goods ventory of efChattels and Credits of fuch Perfon, as fhall come into their Hands, tate taken into with a just Estimate of the true Value of every Article thereof, their hands. by the Appraifement of two indifferent Freeholders 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, tates of idle 13. And if any Perfon or Perfons fhall detain or with-hold To demand & from fuch Select-men any Eftate, Lands, or Credits belonging to recover the effuch idle and poor Perfon, the faid Select-men are hereby empowered to demand and recover the fame by Action, or by other perfons, &c. Means, from Time to Time: Which being recovered and recei ved by fuch Select-men, fhall, if perfonal Eftate, be inventoried as aforefaid; the Whole to be improved as aforefaid. 14. And the faid Select-men fhall take Care to pay out of fuch To pay their Estate in their Hands, the juft Debts due from fuch Perfons. debts. 15. And if any Perfon or Perfons fhall be aggrieved with the Doings of any Select-men in any fuch Cafe, they may apply them- Perfons agfelves, and complain to the next County Court in that County grieved may for Relief; who are hereby empowered to afford fuch Relief, on hearing the Cafe, as they fhall think convenient; and give Orders therefor, and put the fame in Execution accordingly. apply to the county court. 16. And all fuch Perfons who fhall be taken, and whofe Eftate fhall be taken and difpofed of according to this Act, fhall be difa- Difability to led to make any Contract, Act or Deed that fhall be binding up makecontracts 236 Contracts void Lunatics, who Civil authori men to take Idiots, &c. on their Perfons or Eftates, as Minors under Guardians by-Law 17. And all Bargains, Sales and Contracts made, or pretended 18. Be it further enacted, That if any diftracted or lunatic are dangerous Perfon fhall go at large, who is dangerous and unfit to be withnot to go at out reftraint, whereby any Perfon may be endangered in Perfon large. or Eftate, it fhall be the Duty of the Civil Authority and Selectmen, of the Town, where fuch lunatic or diftracted Perfon bety and felect- longs, or refides, to order, and direct that he be confined in fome fuitable Place; and in cafe the Perfon, or Perfons, under whose care that they Care fuch lunatic or diftracted Perfon fhall be or who are bound be confined. to provide for and fupport him, fhall refufe or neglect to confine fuch lunatic or distracted Perfon, in fuch Place and Manner, as by faid Civil Authority and Select-men, fhall be directed then the faid Civil Authority and Select-men may, and fhall take all proper, and effectual Measures, to prevent fuch lunatic or distracted Perfon or Perfons, from going at large, and for his or her confinement in fome fuitable Place, and for his or her Support and Overfight therein. And the faid Civil Authority and Select-men may, if by them found neceffary, order fuch infane Perfon, or Perfons, to be committed to the Gaol in that County committed to where he or she dwells, there to be closely and fecurely kept du prifon. ring the continuance of fuch diftraction or infanity, or until releafed as is hereafter provided; which faid Commitment fhall be by Warrant, figned by an Affiftant, or the Senior Juftice of faid Civil Authority, who fhall order the fame; and thereupon the keeper of faid Gaol fhall be fully authorised to receive fuch lunatic, infane, or diftracted Perfon, or Perfons, into fuch Gaol, there to be kept as aforefaid. May caufe them to be 476. Perfons hav 19. And be it further enacted, That whenever any Perfon fhall on Trial had for Murther or Homicide, be acquitted on the fole ing been tried ground of Infanity, the Court before whom fuch Trial is had, may, for murther & if they fee fit, commit fuch Perfon to the Gaol of the County acquitted on wherein fuch Trial is had, there to be clofely confined during the ground of fuch Infanity, unless fome Perfon or Perfons fhall undertake, and infanity, to be become bound before faid Court to their Satisfaction, to confine ing fuch infan faid distracted or infane Perfon, in fuch Manner as faid Court ity. fhall direct and order. confined dur the county 20. And be it further enacted, That faid Perfon, or Perfons, conMay petition fined as aforefaid, or his, or her Relations, fhall have Right to Court for en- apply by Petition to the County Court of that County in which largement, fuch confinement is, for his, or her enlargement from confinePetition to be ment, which faid Petition fhall be ferved on the Select-men of ferved on fe faid Town, as by Law is provided for the fervice of Petitions ; 14a-men. and faid Court fhall thereupon order and decree, as to them fhall |