plied. ed and sealed by the town-clerk, in behalf of the council; Wages and that so much of the wages or money arising from such how apservice as shall be necessary to fulfil the order and all incidental charges, shall be so applied, and the residue if any there be, shall remain to and for the use of the person so charged. tices to as &c. SEC. 7. And be it further enacted, That in case such bas- Child dytard child shall die, or cease to be chargeable to the ing, justown in which the child belongs, the justices, wardens, or certain all other authority empowered by this act, shall make a just expences, estimate of all reasonable expences that ought to be paid by the person bound, and be and hereby are fully empowered to issue a warrant for collecting the same; but in case the person against whom such order shall be made shall be dissatisfied with such estimate, he may appeal granted. to the said supreme judicial court to be next holden in the county wherein such town lieth, which court shall be and hereby is empowered to hear and finally detertermine between the parties. Appeal order born. SEC. 8. And be it further enacted, That in all cases where Form of complaint has been made and substantiated to the authori- when child ty aforesaid, after the birth of a bastard still-born child is stillas aforesaid, the words in the form of the order prescribed by this act, shall be varied as follows, to wit: after the words, "and thereupon do order, as well for the relief of the said town of ," the following words shall be inserted instead of these, "as for keeping and maintaining of said child," to wit: "as for paying the necessary charges which have accrued for the expences and trouble which have arisen for rendering comfort and sustenance to the mother of such still-born child, and of decently interring the same, that the said shall forthwith, upon sight of this order, pay or cause to be paid to the overseers of the poor of said town, for the time being, the sum of in satisfaction for the expence and trouble aforesaid:" all the other parts of which order, in such case, shall be of the form of the order above recited. town, to be SEC. 9. And be it further enacted, That if sufficient secu- Security to rity shall be proffered to the overseers of the poor, in indemnify any case of complaint aforesaid under this act, and to accepted. their satisfaction, to indemnify such town for the support of such child, it shall be the duty of such overseers to accept such security. No black charge a SEC. 10. And be it further enacted, That no black or color woman to ed unmarried woman shall be admitted to charge any white person with begetting her with child. white man. 1763. Towncouncils may An act regulating the Assize of Bread. Be it enacted by the General Assembly, and by the authority may regu. thereof it is enacted, That the town-council in each town late the in this State be and they are hereby empowered to make assize of laws and regulations for settling the assize of baker's bread. 1715, '25 $72 '98 Proprie out high ways. bread, in the respective towns to which they belong, and the same to regulate monthly, and that the said towncouncil be and they are hereby fully empowered to carry such laws and regulations by them made into execution, to all intents and purposes. An act for laying out Highways. SECTION 1. Be it enacted by the General Assembly, and by the tors to lay authority thereof it is enacted, That the proprietors of lands in each and every town in this State shall lay out suitable, necessary and convenient highways, within their respective proprieties, from town to town, and to mills and markets, and generally wherever they may be wanted: and all highways duly laid out and approved by such proprietors, and recorded in their records, shall be good, binding and valid, as though laid out and established in any other manner whatsoever. Town may order out. done. SEC. 2. And be it further enacted, That if it be found councils necessary that other highways be laid out in any town, highways besides such as have been or shall be laid out by the to be laid proprietors as aforesaid, in every such case it shall be lawful for the town-council of such town to order a highway to be laid out so far, and through such part of the How to be same town, as they may judge necessary: and for the due marking out such highway, the town-council shall appoint three suitable and indifferent men, not interested or concerned in the land through which such highway is to pass, who shall be sworn by the town-council for the faithful discharge of that trust, which three men being accompanied by one justice of the peace and one constable, or the town-sergeant of the town, to be named by the said towncouncil for that purpose, shall go to the place where such tee to a gree with council plat to highway is ordered to begin, and from thence proceed to survey, bound and mark out a highway, conformable to the direction of the town-council; always taking care to lay it in such manner as may be most to the advantage of the public, and as little as may be to the injury of the Commitowners of the land through which it passes; and shall also agree with the owners for the damage they shall sustain, the owner. if any, by means of such highway passing through their If not, the lands; and in case they cannot agree with the owners, shall apthen the town-council shall value and appraise the dam- praise the ages, if any, and having thus proceeded and finished lay-damage. ing out such highway, they shall cause an exact draught Commitor plan thereof to be made, which, together with a proper tee to rereturn of their whole doings in writing, under their hands turn a and seals, shall be by them presented to such town-coun- the coun cil, who thereupon shall cause notice to be given to all cil. parties concerned, to appear before them, if they shall see cause, and be heard for or against receiving such report; provided that notice to parties living without this State Who shall shall be given by advertisement three weeks successively notify the in some newspaper printed within this State; and after such hearing, the council shall proceed to receive or reject such report, as to them shall appear just and right; and if the report be approved and received, then they How the shall cause the same to be recorded, and such highway highway to be established and laid open, by removing all buildings, fences and other impediments therein, which shall be done by the town-sergeant or constable of the town, under a warrant from the town-council, to him directed for that purpose; and the damages incurred and allowed allowed to by such highway passing over such land, with all charges be paid of laying out the same, shall be paid for out of the town-towntreasury. parties. shall be laid open. Damages out of the treasury. driftways. SEC. 3. And be it further enacted, That the several town-Towncouncils in this State be and they are hereby empower- councils to ed to lay out driftways in their respective towns, in such lay out places and of such widths as they shall think necessary, as fully as by law they are empowered to lay out highways that such driftways be laid out in the same man- In what ner, and be under the same regulations in every respect, highways are: that the damage shall be ascertained by the town-council in the same manner as in laying out highways: that it shall be in the power of the town-council to order and direct who shall be at the charge of maintaining gates and bars where any such driftway or manner. Appeal the ap peal. driftways shall be laid out, and also whether the same shall be furnished with gates or bars; and that when a committee shall be appointed to lay out any highway or driftway, such committee may be sworn by the towncouncil, or the justice of the peace appointed to attend upon them. SEC. 4. And be it further enacted, That if any person granted. through whose land such highway or driftway is laid, shall be aggrieved by the doings of such committee or town-council, he shall have liberty to appeal to the next court of general sessions of the peace to be holden for Terms of the county, giving bond to prosecute his appeal, and producing an attested copy of the whole proceedings to such court of sessions, and filing his reasons of appeal with the clerk of such court ten days before the sitting thereof; whereupon an order shall be made for his appearing to prosecute his appeal, requiring the sheriff of the county to A jury to impannel a jury of twelve good men, not being inhabitants of or having interest in the town where such highhighway. way or driftway is laid; which jury being duly sworn for that purpose, shall go and re-examine the laying of the highway or driftway, and the damages given and allowed to the owners of the land through which it passeth, and make such alteration in either or both as to them shall seem just and right, or totally annul and reverse all such the pro- proceedings, if they shall see cause, relating to the laying ceedings. of any such highway or driftway; and shall, under their hands and seals, make return of their doings to said court re-exam ine the Who may alter or reverse whom to of sessions, which being accepted by such court, shall be Their do- recorded, and be final; and the said court of sessions ings to be shall tax such costs as shall accrue by the proceedings final. aforesaid against the appellant, in case the jurors shall Costs by make no alteration in the doings of the committee or be paid. town-council respecting said highway, or shall not increase the damages allowed; but if the jury shall increase the damages allowed, or shall reverse and annul such doings of the said committee or council, then costs shall be taxed against the town where such highway shall have been laid. Damages by the town SEC. 5. And be it further enacted, That all such damages to be paid as shall be agreed for or adjudged to any person through whose land such highway or driftway is laid, either by the committee, town-council or jurors, shall be paid to such persons by the town-treasurer of the town in which the highway or driftway is laid; and if he shall refuse, or treasurer. neglect to pay the same, an action may be brought and maintained for such money by the person to whom the same is due and payable. council may And sell SEC. 6. And be it further enacted, That the town-council Townof each town within this State, shall have full power and authority in manner as aforesaid, to lay out new highways change instead of any which they shall judge to be inconvenient highways. or useless, and shall have power and authority to sell and dispose of any such inconvenient or useless highway, for the old the best advantage of the town in which they are, and ones. to make and pass a deed or deeds of conveyance, in the name of themselves and successors in said office; which deed or deeds so made shall create in the purchaser or purchasers thereof, a good and lawful estate in fee simple, and the money arising upon the sale of any such highway, shall be by the town-council immediately paid into the town-treasury of such town for the use thereof; provided the consent of the person or persons over or Proviso. by whose land such highway passes is first obtained. May deAnd whenever any road shall cease to be useful to the clare road public, the town-council of such town shall be authorized so to declare it, and the said road shall revert to the owner, and the said town shall not be liable any longer to repair the same and that no town-council shall have power to alter or change any highway which has been or hereafter shall be laid out by the general assembly. to be use provement SEC. 7. And be it further enacted, That all lands which Twenty have been, or shall be quietly, peaceably and actually years' imused and improved and considered as public highways to make a or streets, for the space of twenty years, and which shall highway. be declared by the town-council of the town wherein they lie, to be public highways, shall be taken and considered as public highways to all intents and purposes, as fully and effectually as if the same had been regularly laid out, recorded and opened, by the town-council of the town where said lands may lie. SEC. 8. And be it further enacted, That whenever the Owner owner or owners of any land, shall make a deed thereof to my dee the town wherein such land lies, for the special purpose for a highof being used and improved as a public highway and the way. said deed shall have been duly acknowledged and recorded, the said land shall be thenceforward a public highway to all intents and purposes, and be liable to be opened by the town-council of the town wherein the same shall lie, in the same way and manner as other |