rules thereto

relating

profits of labor,

ed.

may be committed to the house of correction by force of any laws of this State; and shall from time to time make and esand establish tablish all necessary rules and regulations, touching the employment of persons so committed; the procurement and preservation of said materials, the keeping of accounts of the expense and cost of such materials, and the labor per formed by the persons committed to the said house, and the settling of the same. And the persons committed shall be how distribut' allowed two third parts only of what they earn; and the residue shall be to the use of the master or keeper of the house, unless such persons are masters or heads of families, then the whole profit of their labor, or so much thereof as the Court of Sessions shall order, shall be for the relief and support of such persons and their families. And if any person Mode of man- committed as aforesaid, shall be unable to work, or be weak and sick, or the profits of whose work shall not be sufficient for supporting him or her, then to be comfortably provided for and taken care of by the master of the same house, who shall be reimbursed the same by the parent, master, town or State who are by law obliged to maintain and support such persons, when unable to support themselves, as the case may require.

agement.

Power of the

of correction

over persons confined.

SEC. 10. Be it further enacted, That the master of such naster of house house of correction, to be appointed as aforesaid, shall have power and authority and shall set all such convicts, rogues, vagabonds, beggars and other idle and disorderly persons as aforesaid, that shall be duly sent or committed unto his custody, to work and labor, (if they be able,) for such time as they shall continue and remain in the said house; and to punish them by putting shackles or fetters upon them; and also from time to time, in case they be stubborn, disorderly, idle or refractory, and do not perform their tasks, and in good condition according as they shall be reasonably stinted, or to abridge them of their food, as the case shall require, until they be reduced to better order.

Master's ccmpensation.

SEC. 11. Be it further enacted, That the master of the said house of correction shall, for his care, labor and service in looking after the several persons that shall from time to time, be committed to his care and custody, over and above one third part of their net earnings, have such reasonable allowance made him, as the Court of Sessions shall order and direct, to be paid him by the parent or master of such as are under their immediate care and custody; otherwise by the town to which such persons belong, if within this State, or at the charge of the State, if they belong to no particular town within it. And the master or keeper of every such house shall keep an exact account of all profits and earnings that shall arise from the labor of all such as shall be committed unto his care and custody, as well as the particular time of their commitment and liberation, and present the same ac

365 count, (upon oath if required,) unto the Court of Sessions for His accounts to the same county annually, and also whenever he shall by Court of Sesthem be thereunto directed.

be allowed by

sions.

compensation.

SEC. 12. Be it further enacted, That whenever there shall Mode of obbe due to any keeper of such house for the care, trouble and taining such expense of keeping,supporting and employing any person committed as aforesaid, any sum or sums of money, and the same shall have been allowed, and duly certified by said Court, or their committee, he shall have a right to demand and recover the same of such person, his parent, master or kindred, who may be liable by law to maintain him, or of the town wherein he is lawfully settled; and if such person, parent, master, kindred or town shall refuse or neglect to pay such sum, for the space of fourteen days after the same shall have been demanded, in writing, of him or them respectively, or of one of the Selectmen of the town, the said keeper shall have, and be entitled to an action of the case to recover such sum against the person so committed, or his parent or master, if any he have, liable by law to maintain him, or against the town in which he is legally settled, in case he has not sufficient estate nor kindred who are able and obliged by law to maintain him, and may declare therein, in a general indebitatus assumpsit, and recover judgment for such sum as shall be found due to him with legal interest from the time the same was demanded and costs. have kindred who are able and obliged by law to maintain And if the person so committed him, the said keeper may have like remedy for recovering such sums of them, as is provided for towns which have been at expense for the relief and support of paupers, by an Act entitled "An Act ascertaining what shall constitute the legal settlement, and providing for the relief and support, employment and removal of the poor."

charge from

curing dishouse of cor rection.

SEC. 13. Be it further enacted, That whenever any per-Mode of pro son, committed pursuant to the provisions of the fifth section of this Act, shall apply to the master of the said house for a discharge therefrom, the said master shall signify the same to the overseers of the poor of the town in which such house of correction shall be, or to the overseers of the poor of such town as the person so committed shall belong to, and the major part of either of the Overseers of the poor aforesaid, upon its being made to appear to them that the ends of such commitment have been answered, are hereby empowered to issue their order to the master of such house of correction to discharge the said person from his or her said confinement; the charges arising therefrom being first paid in manner as is herein before provided. And the said master is hereby required to discharge him or her accordingly.

[Approved March 15, 1821.]

Governor may

not exceeding 1000 dollars, for apprehend

CHAPTER CXII.

An Act to authorize the Governor in certain cases to offer a Reward, and for other purposes.

BE it enacted by the Senate and House of Representoffer a reward atives in Legislature assembled, That the Governor be, and he is hereby authorized, whenever it shall appear to him neing prisoners cessary, to offer and pay a suitable reward, not exceeding one escaped, or per- thousand dollars in any one case, to any person or persons, with high hand- who shall, in consequence of such offer, apprehend, bring

sons charged

ed offences.

back, and secure any person or persons escaping from any of the prisons of this State, convicted of any capital crime, or other high handed offence, and misdemeanor, or charged therewith. And he is also further authorized to offer and pay a like reward for the apprehending any person or persons, having committed any such crime or offence as aforesaid, where it cannot be done in the ordinary and common course of proceeding; if in his opinion the public good requires it. a warrant on And the Governor with advice of Council, is hereby autreasury for the thorized to issue his warrant on the Treasury, for the payment of such reward.

And may draw

same.

Fugitives from
Justice

Governor may appoint an

mand of the

Executive of

any other State,

fugitive from Justice,

[Approved February 28, 1821.]

·:00:

CHAPTER CXIII.

An Act providing for the appointment of Agents for demanding and re. ceiving Fugitives from Justice.

WHEREAS it is provided by the Constitution of the United States, that a person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime: And whereas by an Act of the Congress of the United States of America, passed on the twelfth day of February in the year of our Lord one thousand seven hundred and ninety three, it is, among other things, provided, that the executive authority of each State, to which any such person shall have fled, shall deliver him over on demand of the executive authority of the State, where the crime shall have been committed, to the agent of the State, which shall make the demand.

SEC. 1. BE it therefore enacted by the Senate and House of gent to de- Representatives in Legislature assembled, That the Governor of this State be, and hereby is authorized, in any such case, to appoint an agent or agents to demand of the executive authority of any other of the United States, any person who shall be charged with treason, felony, or any other crime in this State, and may, by and with the advice of the Council, issue his warrant on the Treasury to defray the expenses of such agent in making such demand, and in transporting the person, so charged, from any other State to this.

And shall by his warrant

SEC. 2. Be it further enacted, That when a demand shall send fugitives be made on the executive authority of this State, by that of who are any other, for the delivery over of any person charged with

from other

State and have

to the line

treason, felony, or other crime, in the State, from which the found in this demand shall be made, the Governor shall issue his warrant, been demanded, under the seal of the State, authorizing the agent or agents thereof. who shall make the demand, to transport such person so delivered over, to the line of this State, on the way to the State which shall make the demand, at the expense of such agent or agents, and shall also in such warrant command all civil officers, within the State, to afford such agents all needful assistance in transporting such person so charged, pursuant to such warrant.

[Approved February 24, 1821.]

CHAPTER CXIV.

An Act regulating Towns, Town-Meetings and the choice of Town Officers.

SEC. 1. BE it enacted by the Senate and House of Represent-Qualification of

voters.

Proviso as to

tions.

ings to be hold

April.

atives, in Legislature assembled, That every male citizen of this State, of twenty one years of age and upwards, except paupers and persons under guardianship, who has resided within any town or plantation for one year next preceding his voting and during said term has been taxed for his poll, or any estate in any tax voted to be raised by said town or plantation, shall be entitled to vote in such town or plantation in the election of all town or plantation officers, and in all other town or plantation affairs: Provided, Whenever the inhabitants of any voting on pa town are legally assembled to act on any subject relating ex-rochial quesclusively to parishes, no person, who is not a member of said parish and liable to be assessed for parochial charges, shall be permitted to vote in such meetings. And the citizens afore- Annual meetsaid, in any town shall, in the month of March or April an- en in March of nually, assemble at such time and place in the same town, as they shall be notified to attend by the Constable or Constables of the town, or such others as the Selectmen shall appoint to notify the same; and the citizens aforesaid shall then and Town officers there, by a major vote, choose a Clerk, (who shall be under chosen. oath truly to record all votes passed, in such and other townmeetings during the year and until another Clerk shall be chosen and sworn in his stead, and also faithfully to discharge all the other duties of his said office ;) three, five or seven able and discreet persons of good conversation, inhabiting in the town to be Selectmen, and Overseers of the poor, where other persons shall not be particularly chosen to that office, (which any town may do if they shall think it necessary and convenient,) three or more Assessors, two or more judicious persons for Fence Viewers, Treasurer, Surveyors of Highways, Surveyors of Lumber, Wardens, Tythingmen, Sealers of Leather, Measurers of Wood, Clerks of the Market, Constables, and other usual town officers; the election of Modera- Certain officers ior of such meetings, Town Clerks, Selectmen and Assessors,

then to be

by ballot.

Town Clerk to

ficers chosen to

Constable.

Constable's du

Penalty for of ficers' not ap

sworn.

shall be by written ballots, and all other of said officers by ballot or such other method as the voters agree upon; and during the election of the Moderator for any town-meeting, the town Clerk shall preside, and shall have all powers and do all the duties which the Moderator of a town-meeting by law has and does perform. And the town Clerk, or two of the Selectmen, give list of of shall forthwith make out a list of the names of all those who shall be then chosen into office, of whom an oath is by law required, and deliver the same to some Constable or Constables of the same town, together with a warrant to him or them directed, who is hereby required, within three days after receivty thereupon. ing such warrant, to notify and summon each of the said persons to appear before the town Clerk, within seven days from the time of such notice, to take the oath by law prescribed to the office, into which they are severally chosen; and every person who shall neglect to appear before the town Clerk, within the said seven days, and take the oath of office unto pearing to be which he is chosen and summoned as aforesaid, unless such person is by law exempted from serving in the office; which oath the town Clerk is hereby authorized to administer, shall forfeit and pay to him or them that will inform or prosecute therefor, the sum of five dollars, except those officers, for whose neglect a different penalty is provided, two thirds for the use of the town, and the other third to the use of the prosecutor: Provided always, That any person who shall take the sworn and cer- oath of office before a Justice of the Peace, and file a certifi'cate thereof with the town Clerk within the said ten days, shall be exempted from the said fine; and every Constable shall, at the expiration of the term of ten days from the time of receiving such warrant, make a return into the Clerk's office of the same town, of the warrant to him committed as aforesaid, with his doings thereon, for a neglect of which, he shall forfeit and pay the sum of six dollars, to be to the use of the town; the Constable to be allowed such reasonable sum for his services upon this and other town business as the inhabitants shall agree upon. And the town Clerk shall make a record of such persons as shall from time to time be sworn into office before him, or of such as shall file certificates of their being sworn, as aforesaid; and no person shall be obliged to serve in any town office two years successively.

Mode of being

tificate of oath.

Clerk to make record, &c.

Vacancies in town offices

SEC. 2. Be it further enacted, That when by reason of non acceptance, death or removal of any person chosen to how to be filled, office in any town at the annual meeting for the choice of town officers, or at any other time, or by reason of a person's becoming non compos, there is a vacancy, or want of such officers, the town being orderly assembled in the manner this Act directs, may proceed to a new choice of officers to supply and fill such vacancy; and the person or persons, thus chosen and sworn before the town Clerk or a Justice of the Peace, (in case an oath of office is by law required,) shall have the same