the same fines and penalties as are provided in case of town highways, and to be recovered in the same manner.

veyor's refusal

SEC. 2. Be it further enacted, That if any surveyor, chos- Penalty on sur en as is provided by this Act, shall refuse or neglect to ac- to accept. cept that trust, and take the oath aforesaid, he shall forfeit and pay the sum of four dollars, to be recovered in manner aforesaid; and all fines and forfeitures incurred by breach Fines how apof this Act, shall be applied for the use of the propriety for repairing the said ways or bridges.

plied.

their surveyor

tracts for re

and raise mon ey to carry them into ef fect.

collect taxes,

SEC. 3. Be it further enacted, That it shall and may be May authorize lawful for said proprietors, and the rightful occupants of pri- to make convate ways and bridges, at any meeting legally assembled for pairing, &c. that purpose, to authorize their surveyor, or any other person or persons to contract by the year, or for a longer or a shorter time, for the making and keeping in repair any private way or ways, bridge or bridges; and at any such meeting may vote to raise any sum or sums of money they may deem necessary for carrying such contracts into effect; and may choose Assessors, who shall assess all sums of money so raised on each proprietor's or occupant's proportion therein; and shall also deliver true lists of said assessments to the May assess and said surveyor, with warrants of distress in form, as to sub- &c. as in case stance, as is prescribed by law for collecting town taxes; and of highways. every such surveyor is hereby authorized and empowered to levy and collect all taxes or assessments for the purposes aforesaid, in the same way and manner as surveyors of highways are empowered to collect town highway taxes, in and by" An Act directing the method of laying out, and making provision for the repair and amendment of highways;" and if any such surveyor shall neglect or refuse to pay over the Penalty on aur monies so collected to such person or persons as he, in his lect warrant of distress shall be required, when demanded, he shall be liable to the same penalties as in and by the said law is provided, in case of surveyors failing to pay over monies to the town Treasurer in the like case.

[Approved February 28, 1821.]

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CHAPTER CXX.

An Act making provision for erecting Guide Posts upon Public Roads.

veyor for neg

Towns, &c. to

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That it shall be the duty of erect and keep the inhabitants of the several towns in this State, and also guide posts, such plantations as are assessed in any public tax, to provide, erect, and keep in repair such guide posts upon all public roads, at such places, and in such manner, as is hereafter in this Act provided.

to direct where

SEC. 2. Be it further enacted, That the Selectmen of the Selectmen, &c, several towns, and the Assessors of all plantations, assessed they shall be

such

places to be

made.

placed, and a in any public tax, in this State, be and they hereby are au thorized and required from time to time to fix and determine upon such places at the corners and angles of all roads in the several towns and plantations aforesaid, at which the said guide posts shall be erected and kept, as in their judgment shall be found necessary and convenient, and shall cause a fair record thereof to be entered and kept among the records of the said towns or plantations.

Manner of their construction.

SEC. 3. Be it further enacted, That the guide posts to be erected and kept in pursuance of this Act, shall be constructed in manner following, that is to say; there shall be erected at the several corners or angles of the roads aforesaid, at such places as shall be ordered by the Selectmen of towns, or Assessors of the plantations aforesaid, a substantial post of not less than eight feet in height, upon the upper end of which shall be placed a board or boards, upon each of which boards shall be plainly and legibly painted the name of the next town, with such other noted town or place, as may be judged most expedient for the direction of travellers, to which each of the roads may lead together with the distance or number of miles to the same; and also the figure of a hand with the fore finger thereof pointing towards the town or place to which the said roads may lead: Provided nevertheless, That the inhabitants of the several towns and Towns may plantations aforesaid, duly qualified to vote in town or plantation affairs, may, if they judge fit, annually agree upon some suitable substitute in the room of said guide posts, and appoint any proper person or persons to superintend the erecting the

stitute for

such guide

posts.

Penalty on towns for their neglect.

On selectmen, &c. for their neglect.

Penalty for in. juring guide

tutes.

same.

SEC. 4. Be it further enacted, That if the inhabitants of any of the towns or plantations aforesaid shall neglect or refuse to erect and maintain said guide posts in such places and in such manner as is herein provided, the said inhabitants shall forfeit and pay, to the use of the State, five dollars for every month which they shall so neglect or refuse: And if the Selectmen of the several towns or Assessors of the several plantations aforesaid, shell neglect or refuse to fix and determine upon any places in the towns and plantations aforesaid, at which the said guide posts shall be erected and kept, by the time in this Act set and limited, the said Selectmen or Assessors shall forfeit and pay, to the use of the State, five dollars for every month which they shall so neglect or refuse; said penalties and forfeitures to be recovered by indictment of the Grand Jury in the county where the offence may be committed.

SEC. 5. Be it further enacted, That if any person shall inposts of substi- jure, mar or deface any guide post, or its substitute agreed upon as aforesaid, or board which shall be set up, as is in this Act provided, and be convicted thereof before any Justice of the Peace within this State, such person, so convicted, shall

forfeit a sum not more than six dollars nor less than two dollars; one half to the complainant, and the other half to the use of the town or plantation in which such guide post or its substitute, so injured, marred or defaced was set up, and shall pay all costs of the prosecution.

[Approved February 28, 1821.]

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CHAPTER CXXI.

An Act for regulating Drains and common Shores.

Penalty for

to lay drains

of selectmen.

made.

SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That if any person shall dig breaking up or break up the ground in any highway, street or lane in any highway, &e. town, for the laying, altering, repairing or amending of any without consent drain or common shore without the consent of the Selectmen of the town, signified in writing, under the hand of the Town Clerk, such person shall forfeit and pay four dollars for each offence, to the use of the poor of the town, to be recovered with costs of suit, in an action of debt, by the Treasurer thereof, before any disinterested Justice of the Peace in the county. SEC. 2. Be it further enacted, That all drains and com- How common mon shores for the draining of cellars which shall hereafter shores must be be made or repaired in any streets or highways, shall be substantially done with brick or stone, or with such other materials as the Selectmen of the town shall permit; and in such manner as the said Selectmen shall direct. And when any Owners of prione or more of the inhabitants of any town, shall, by the con- vate drains sent and under the direction aforesaid, at his or their own main drain, to charge, make and lay any common shore or main drain, for assist in paythe benefit of themselves and others who may think fit to join i therein; every person who afterwards shall enter his or her particular drain into the same; or by any more remote means shall receive any benefit thereby, for the draining of their cellars or lands, shall be held to pay to the owner or owners of such common shore or main drain, a proportionable part of the charge of making or repairing the same, to be ascertain- Amount to be ed and determined by the Selectmen of the town or a major lectmen or part of them, and certified under their hands; saving always sons. to the party aggrieved at any such determination, a right of appeal to the Court of Sessions.

connected with

ing expense of

settled by se

Court of Ses

shore,

ed and defray.

SEC. 3. Be it further enacted, That when any common Expense of shore or main drain shall be stopped or gone to decay so that opening how it shall be necessary to open the same in order to repair it,or to be apportion remove such stoppage, all the persons who shall be benefitted ed. by such repairs or removal of obstructions, shall be held to pay their proportionable parts of the expenses thereof; as 'well those who do not, as those who do cause such repairs to be made or obstruction removed; to be ascertained and determined by the Selectmen as aforesaid, saving an appeal as

Proceedings

when any per.

son wishes to shore to clear

open a common

it.

aforesaid. And each person so held to pay his or her part shall have notice thereof of the sum, and to whom to be paid; and if such person shall not pay the same, within ten days after such notice, to the person appointed by the Selectmen to receive it, he or she shall be held to pay the person, so appointed, double the sum mentioned in such certificate, with all costs arising upon such neglect; and such person is hereby empowered to bring an action or actions for the same accordingly: Provided always, That the person or persons who shall have occasion to open any common shore or main drain, in order to clear and repair the same, shall, seven days at least before they begin to open the same, notify all persons interested therein, by advertising in such manner as the Selectmen may direct, that they may, (if they think proper,) object thereto, and lay their objections in person, or writing, before the Selectmen: and if the Selectmen, or the major part of them, shall judge the objections reasonable, then the person or persons making the same, shall not be held to pay any part of such expenses; but if they do not make their objections as aforesaid to the Selectmen within three days after being so notified, or if they shall deem the objections not to be sufficient, then they shall, under their hands, give liberty to the persons applying to proceed to open such common shore or main drain and clean and repair the same, and all interested therein shall pay their proportions as is provided in this Act: Provided also, That nothing in this Act shall the validity of be understood or construed to affect or make void any covenants or agreements already made, or that may hereafter be among proprie made, among the proprietors of such drains or common [Approved February 28, 1821.]

Proviso as to

previous covenants, &c.

tors.

Repeal of former laws.

shores.

:00:

CHAPTER CXXII.

An Act ascertaining what shall constitute the legal settlement; and providing for the Relief and Support, Employment and

BE

Removal of the Poor.

SEC. 1. E it enacted by the Senate and House of Representatives, in Legislature assembled, That all laws heretofore made, enacting and ascertaining what shall constitute a legal settlement of any person, in any town within this State, so as to subject and oblige such town to support such person, in case of his becoming poor and standing in need of relief, so far as they relate to the manner of gaining a settlement in future, be and they hereby are repealed; but all settlements already Sained by force gained by force of said laws, or otherwise, shall remain, until of them con- lost by gaining others in some of the ways hereafter mentioned.

Settlement

firmed.

Modes of gain

ing settlement.

SEC. 2. Be it further enacted, That legal settlements in any town in this State shall be hereafter gained, so as to subject and oblige such town to relieve and support the persons gain

man.

children.

Illegitimate

town.

Incorporation of plantations,

then dwelling

ing the same, in case they become poor and stand in need of relief, by the ways and means following and not otherwise, namely: First, A married woman shall always follow and Married wohave the settlement of her husband, if he have any within this State, otherwise her own at the time of marriage, if she then had any, shall not be lost or suspended by the marriage. Second, Legitimate children shall follow and have the settle- Legitimate ment of their father, if he shall have any within this State, until they gain a settlement of their own; but if he shall have none, they shall in like manner follow and have the settlement of their mother, if she shall have any. Third, Illegitimate children shall follow and have the settlement of their children. mother at the time of their birth, if any she shall then have within the State, but neither legitimate nor illegitimate children shall gain a settlement by birth in the places where they may be born, if neither of their parents shall then have any settlement there. Fourth, Any person that shall be admitted Admitted by an inhabitant by any town at any legal meeting, in the warrant for which an article shall be inserted for that purpose, shall thereby gain a legal settlement therein. Fifth, All per-ion, sons dwelling and having their homes in any unincorporated to include all place, at the time when the same shall be incorporated into a therein. town, shall thereby gain a legal settlement therein. Sixth, Division of Upon division of towns, every person having a legal settle towns. ment therein, but being removed therefrom at the time of such division and not having gained a legal settlement elsewhere, shall have his legal settlement in that town wherein his former dwelling place or home shall happen to fall upon such division; and when any new town shall be incorporated, composed of a part of one or more old incorporated towns, all persons legally settled in the town or towns of which such new town is so composed, and who shall actually dwell and have their homes within the bounds of such new town at the time of its incorporation, shall thereby gain legal settlements in such new town. Seventh, Any minor who shall serve an ship apprenticeship to any lawful trade for the space of four years in any town, and actually set up the same therein within one year after the expiration of said term, being then twenty-one years old, shall thereby gain a settlement in such town.Any person of the age of twenty one years, who shall hereaf- five years toter reside in any town within this State for the space of five gether without years together, and shall not during that term receive direct- port. ly or indirectly, any supplies or support as a pauper from any town, shall thereby gain a settlement in such town. Any per- Residence at son resident in any town at the date of the passage of this Act, the time of who has not within one year previous to that date received passing this support or supplies from some town as a pauper, shall be deem- been supplied ed to have a settlement in the town where he then dwells and year precedhas his home. And every legal settlement, when gained, Settlement shall continue till lost or defeated by gaining a new one; and

Apprentice

Residence of

receiving sup

law, not having

as a pauper for

ing.

when gained to continue till