High-ways.

and Sale of the Offender's Goods. The incurred Forfeitures to be delivered to the faid Surveyors, for the Use aforesaid.

95

Surveyors neglecting their truft, to forfeit,

&c.

And if any Surveyor neglect the Truft committed to him, either in not calling out the Inhabitants to Labour, as aforefaid, or in not returning the Names of those who fhall be deficient, as aforefaid, he fhall incur the fame Penalty as those he paffed by are liable to, by Virtue of this Act; to be recovered on Complaint and Conviction thereof by Diftrefs, as aforefaid. And every fuch Surveyor fhall render an Account of the Improvement of all fuch Forfeitures as fhall be by him received, to the Affiftant or Justice who granted out a Diftrefs for the fame, within twenty Days after receiv ing fuch Forfeitures: And if it appear to fuch Affiftant or Juftice, that To render any fuch Surveyor hath neglected to improve fuch Forfeitures according to the Direction of this Act, that then, in fuch Cafe, fuch Affiftant or Justice is hereby authorised and impowered to grant a Diftrefs against the Goods and Chattels of fuch Surveyor, for collecting fuch Sum or Sums as fhall be found not to be improved as aforefaid; and the fame to be delivered to the Treasurer of the Town where fuch Distress is made.

Be it further enacted by the Authority aforesaid, That whenever there may be Occafion to clear any Water Course, or Place or Places where Water may drain off from any Highway to make the fame dry and better to pass in, the faid Surveyors of Highways, with the Perfons attending them, may, and they are hereby empowered to clear fuch Water-Courfes and Places where Water may drain off from Highways into or through any Perfon's Land or Poffeffion fo far as may be neceffary fufficiently to drain the Water off from fuch Highways.

And that the respective Towns in this State have Liberty, so often as they judge neceffary, at their annual Town Meetings, to vote and agree, that the Select-men fhall fet out to each Surveyor of Highways, by fuch Town chofen, a certain Diftrict within faid Town for mending Highways, and order and direct who of the Inhabitants by Law obliged to work at Highways, shall labour under each Surveyor; and to alter faid Diftricts as they fhall find Occafion. And the Select-men of every Town fo agreeing, are hereby appointed and impowered to perform the Service abovefaid.

an account, &c.

Power to turn water courses.

To divide into diftricts

&c.

Provided, This A&t fhall not be conftrued to the Prejudice of fuch as have obtained Liberty, or fhall obtain Liberty from the County Court to Provifo. set up Gates or Bars in Highways.

New highways or old

ones altered, how to be

effected,

Be it further enacted by the Authority aforelaid, That where a new Highway or common Road from Towa to Town or Place to Place fhall be wanting, and where old Highways with more Conveniency may be turned or altered, any Perfon or Perfons may make Application to the County Court within the fame County for that Purpofe; which Perfons moving as aforefaid, fhall, at least twelve Days before the fitting of the Court to which he or they fhall make Application as aforefaid, caufe a Citation to be ferved on one or more of the Select-men of that Town, within whofe Bounds the fame is moved to be laid out or altered, to appear (if they fee Caufe) at faid Court, and make their Objections (if any they have) against fuch Highways being laid out or altered; and thereupon, if no Objections are offered, or if the Objections are judged infufficient, the faid County Court may enquire, by a difinterested Committee, or otherwife, into the Conveniency and Neceffity thereof; and if the fame is judged by faid Court to be of common Convenience or Neceffity, fuch Court is hereby impowered to appoint a Com- Committee mittee of three difinterested Freeholders, to view and lay out, or alter fuch to enquire, Highway; which Committee fhall give seasonable Notice to one or more of the Select-men of the Town or Towns in which the fame is to be laid out; and alfo fet up a Notification in Writing on the Sign-Poft in fuch Town or Towns,

&c.

Notice gi

ven.

96

relieved, &c.

High-ways.

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 fhall be under Oath to perform faid Service, according to their belt Skill and Judgment with moft Convenience to the Public, and leaft Damage to private Property; and fhall ascertain the Place and Courfe of fuch Highway, and eftimate 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 shall be and remain a Public Highway And the Charges of laying out the fame, and the Damages fuftained by any Perfons thereby, fhall be paid by the Town in whose Bounds it fhall be laid out: And upon their Neglect to make Payment thereof to the Perfons to whom the faid Charge or any Part thereof shall be fo ordered, the faid Court fhall fend forth a Scire Facias againft. the Selectmen of faid Town, to fhew Cause wherefore Execution fhall not be awarded against them; and upon their Neglect to fhew fufficient Cause, shall award Execution against them for the Charges aforefaid, with additional Coft.

And in Cafe any Perfon is aggrieved by the Doings of faid Committee, either in laying out fuch Highway or eftimating the Damages, the Court Aggrieved upon Application, before the Report of the Committee is accepted or any perfons how Determination made thereon, may inquire into the Matter complained of by a Jury, if the Party aggrieved defire it, and grant fuch Relief as the Cafe may require. But if it appear that there was no juft Cause 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.

Select-men may lay out highways, &c

Provifo.

And be it further enacted by the Authority aforefaid, That the Select-men of the refpective 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 respective Towns, firft giving reasonable Notice to the Owners of the Lands through which the fame are to be laid out, or leave fuch Notice in Writing at the Place of their Abode, if within this State, to be prefent, if they fee Cause, 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 Ufe 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 Satis→ faction 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 shall 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 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 Aft 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 should 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

Way,

Hides. Horfe-racing.

Way, or altering the fame, or increafing the Damages: And if it appear there was just Cause of Complaint, the Charges arifing thereby, and the Increafe of Damages, if any be, fhall be paid by the Town or Perfons for whofe Ufe fuch Way is laid out; but if otherwife, the faid Court may order faid Coft 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 this Act through any Perfon's Inclofure, who fhall declare himself aggrieved by laying out the fame, fhall be laid open or occupied until the Expiration of twelve Months after laying out fuch Way, that fuch Perfons may have Opportunity to apply for Relief as aforefaid, and alfo have Time to fence and lecure their Inclosures.

And be it further enalled, That if the Select-men of any Town, upon Application, fhall refufe or neglect to lay out fuch private Ways as may be neceffary for any Inhabitants of fuch Town, the County Court is hereby inpowered, upon Application, to caufe fuch Ways to be laid out as may appear neceffary, in the fame Manner as public Highways are by this Act directed to be laid out, and order the Coft of laying out the fame, and Damages fuftained by any Perfons thereby, to be paid by the Perfons applying for fuch Ways, if the fame be for their Ufe only; but if for the common TJfe of the Inhabitants, then to be paid by the Town.

And each Committee-man imployed in laying out High-ways, fhall be allowed for Himfelf, 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.

BE

E it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfon or Perfons fhall, directly or indirectly, fell or tranfport, or fend away out of this State, any raw or untanned Hides or Skins of any Neat Cattle, upoh 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 fhall 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 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 :

BE 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 shall be used, 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 Forty Shillings lawful Money, in all Cafes where the Bet or Wager laid fhall 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

N

the

98

Penalties

Idiots, &c.

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

ed.

Informing officers to prefent.

Providing

distracted

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, diftracted and idle Perfons.

BE it enacted by the Governor, Council and Reprefentatives, in General Court affembled, and by the Authority of the fame, That when and fo often as it fhall happen that any Perfon or Perfons fhall be naturally wanting of Understanding, fo as to be incapable to provide for themfelves; or by the Providence of God fhall fall into Distraction, and become Non compos Mentis, or fhall by Age, Sicknefs, or otherwife become poor and intpotent, for idiots and and unable to fupport 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 fufficient Relations fhall provide fuch 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.

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

to be made to the C. court.

And if any fuch Relations who shall by fuch Court be affeffed, or ordered to pay and contribute any certain Sum or Sums for the Purpose aforefaid, fhall neglect to do the fame, or give fufficient Security to abide by, and fulfil To award ex- the 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 refpectively, for the Purpose aforefaid.

ecution, in cale, &c.

Idiots, dif

tracted & im

potent perfons having eftates, the

C. court to order, &c.

Power of

courts of probate to order fale of eftates

of idiots.

But if fuch Idiot, diftracted or impotent Perfons have any Eftate, the County Court of that County where they dwell, may order and dispose thereof in fuch Manner as they shall judge best for, and towards the Support of fuch Perfons; as alfo the Perfons themfelves, 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, diftracted and impotent Perfons and their Estates, for their Support; who fhall be accountable to faid Court for their Management of said Truft, when thereunto ordered by faid Court.

That in future, whenever it fhall appear to the refpective County Courts, upon the liquidation and adjustment of Accounts exhibited to them, purfuant to the Provifions of this A&t, that the Debts fo afcertained, fhall exceed the perfonal Eftate 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 Estate of fuch Perfon or Perfons as fhall be fufficient to pay the fame, with incident Charges of Sale, in fuch Manner as fhall appear to them moft for the Benefit of fuch Eftate; which Sales fhall be good and effectual in the Law to all Intents and Purposes whatsoever; any Thing in this Act to the contrary in any wife notwithstanding.

But

Idiots, &c.

But if fuch Idiots, diftracted, poor and impotent Perfons have not Estate (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 near a Degree that they may be compelled thereto; in every fuch Cafe the Select-men or Overfeers of the Poor of the Town or Peculiar where fuch Person was born, or is by Law an Inhabitant, be, and hereby are impowered and required to take effectual Care, and make neceffary Provifion for the Relief, Support and Safety of such Idiot, distracted, poor or impotent Perfon, at the Charge of the Town or Place whereto he or the of Right belongs: or if they belong to no Town or Place in this State, then at the Coft and Charge of the State.

That when it shall so happen, that any Man fhall die without Iffue, leaving a Widow and an Estate, real or perfonal belonging to him, such Eftate is hereby made liable for the Support of the Widow of fuch deceased Husband, during her Widowhood, in Cafe fhe become impotent, and no Person of Ability held in Law to fupport her. And that all and every Perfon or Persons, to whom fuch Estate, or any Part thereof is given or descends respectively, 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 aforefaid respectively: Such Maintenance and Support 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.

And be it further enacted by the Authority aforefaid, That the Select-men for the Time being, in the several Towns in this State, fhall from Time to Time, diligently infpect into the Affairs and Management of all Perfons in their Town, whether Houtholders or others; and if they shall find any Per fon or Persons 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 Overfeer to advise, direct, and order fuch Perfon in the Management of his Bufinefs, for 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-Clerk's Office of faid Town; and thereupon no fuch Perfon while under such Appointment, shall be able to make any Bargain or Contract without the Confent of fuch Overfeer, that shall be binding, or valid in Law.

And if such Measures do not prove fufficient to reform fuch Person, then the Select-mer, (or without first 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 impowered, at the Requeft of the Select-men, to iffue forth his Warrant to the Sheriff, his Deputy, or to either of the Constables 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 Idleness, Mifmanagement, and bad Husbandry, and to be dealt with according to this Act.

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 attested Copy thereof at the ufual, or laft Place of his Abode; and thereupon, after the Proceedings above directed to, the Select-men, or the major Part of them, if no fufficient Reason be offered to the contrary, fhall, by and with the Advice of faid Affiftant or Justice, 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