turning with

from such Jus

tice.

Penalty on any

son or persons to be removed into the State from whence he Penalty for re- or they may have come. And any person removed by war. out liberty rant as aforesaid, who, during the prevalence of such distemper, shall presume to return into any town of this State, without liberty first obtained from such Justice, shall forfeit and inhabitant for pay the sum of four hundred dollars; and any inhabitant of entertaining this State who shall entertain in his house any person warned warned to de- to depart as aforesaid, for the space of two hours after notice given him of such warning by one or more of the Selectmen aforesaid; shall forfeit and pay the sum of two hundred dollars.

such persons,

part.

Selectmen to

appoint per

ferries, &c. to

ed persons from coming in.

SEC. 3. Be it further enacted, That it shall and may be sons to guard lawful for the Selectmen of any town near to, or bordering prevent infect upon either of the neighboring States, to appoint, by writing under their hands, some meet person or persons to attend at ferries or other places by or over which passengers may pass from such infected places; which person or persons so appointed, shall have power to examine such passengers as they may suspect to bring infection with them, and if need be, to hinder and restrain them from travelling, until licensed thereto by a Justice of the Peace within such county, or by the Selectmen of the town in which such person or persons may Fenalty for any come; and any passenger who, coming from such infected place, shall, (without license as aforesaid,) presume to travel infected places. without leave, within this State, unless it be to return by the most direct this State, un way to the State from whence he came, after he shall be cautioned to depart by the person or persons appointed as aforesaid, shall forfeit and pay the sum of one hundred dolPenalties how lars; the several forfeitures aforesaid to be recovered by to be recovered action of debt, in any Court of Record proper to try the same; one moiety to and for the use of the town where the offence shall be committed, the other moiety to the use of the person who may sue for the same.

person from

travelling in

less, &c.

Two Justices

may by war

rant remove

sons, and im

necessaries,

SEC. 4. Be it further enacted, That if need be, any two Justices of the Peace may make out a warrant directed to such sick per the Sheriff of the county, or his deputy, or Constables of the press lodgings, town or place where any such sick person or persons may and attendance. be, requiring them, or any of them, in the name of the State, with the advice and direction of the Selectmen of the same, to remove such infected person or persons, or to impress and take up convenient houses, lodging, nurses, attendance and other necessaries, for the accommodation, safety and relief of Sheriff or con- the sick. And such Sheriff, his deputy and Constable, are cute such war- hereby authorized and required to execute such warrant accordingly.

stable to exe

rant.

lectmen and

Power of Se- SEC. 5. Be it further enacted, That whenever there shall Justice with be brought into any town within this State, either from any regard to ine, other town therein, or from parts without the State, any baggage, clothing or goods of any kind whatsoever, and it shall be made to appear by the Selectmen of the town to which

fected baggage,

&c.

to have in

such baggage, clothing or other goods shall be brought, or by the major part of such Selectmen, to the satisfaction of any Justice of the Peace, that there is just cause to suspect baggage, clothing or other goods to be infected with the plague, small pox, pestilential fever, or other malignant contagious distemper; it shall be lawful for such Justice of the Peace, and he is hereby required, in such case, by warrant under his hand and seal directed to the Sheriff or his deputy, or any Constable of the town in which such baggage, clothing or other goods shall be, requiring him to impress so many men as said Justice shall judge necessary to secure such baggage, clothing or other goods, and said men to post as a guard and watch over the house or other place or places where such baggage, clothing or other goods shall be lodged; which guard and watch are hereby required to take effectual care guarded. to prevent such baggage, clothing or other goods being removed or intermeddled with, by any persons whatsoever, until due inquiry be made into the circumstances thereof; requiring likewise the said Sheriff, his deputy or the Constable aforesaid, if it shall appear necessary, with the advice and direction of said Selectmen, to impress and take up convenient houses or stores, for the receiving, lodging and safe keep- and stored. ing of such baggage, clothing or other goods, until the same shall be sufficiently cleansed from infection; and in case it shall appear highly probable to the said Justice, that such baggage, clothing or other goods are infected as aforesaid. he is hereby empowered and directed to issue his warrant in manner as aforesaid, requiring said Sheriff, his deputy or any Constable, or other person therein specially named, to remove or removed, said baggage, clothing or other goods, to some convenient place where there shall be the least danger of the infection spreading; there to remain until the same shall be sufficiently aired and freed from infection, in the opinion of the Selectmen; and the said Sheriff, Deputy Sheriff or Constable, in the sheriff may execution, of said warrants, are empowered and directed, if break open need be, to break up any house, warehouse, shop or other command and place particularly mentioned in said warrant, where such of their warbaggage, clothing or other goods shall be; and in case of opposition to require such aid as shall be necessary to effect the execution of said warrants, and repel such opposition: and Disobedience, all persons are hereby required at the commandment of either of said officers, having either of the warrants aforesaid, under penalty of ten dollars to be recovered before any Justice of the Peace in the county where such opposition may happen, to assist such officer in the execution of the same warrant against any opposition as aforesaid; and the charges of securing such baggage, clothing or other goods, and of airing and to be paid, &c. transporting the same, shall be borne and paid by the owners thereof at such rates and prices as shall be set and appointed by the Selectmen of the town where such baggage, clothing or

houses, &c. and

in execution

raut.

penalty for;

expenses. how

Penalty for masters of vessels from infected ports,

&c. refusing to answer ques by selectmen,

tions on oath,

&c.

Courts, may adjourn from

places of hold ing, when mor

tally infectious distempers prevail there.

Each town at their annual meeting may

committee or a

Power and du

ty of such offi

cer.

other goods shall be; to be recovered by action of debt, by any person or persons who may have been employed in the business aforesaid, in any Court of Record proper to try the

same.

SEC. 6. Be it further enacted, That if any master, seaman or passenger belonging to any vessel, on board which any infection is, or may have lately been or suspected to have been, or which may have come from any port where any infectious mortal distemper prevails, shall refuse to make an answer on oath to such questions as may be asked him or them, relating to such infection, by the Selectmen of the town to which such vessel may come, (which oath the said Selectmen are hereby empowered to administer,) such master, seaman or passenger so refusing, shall forfeit the sum of two hundred dollars; and in case he be not able to pay said sum, he shall suffer six months imprisonment; said penalty to be adjudged on prosecution by indictment or information in any Court proper to try the same, one moiety of said fine to the use of the town where the offence may be committed, and the other moiety to the use of the Selectmen thereof, whose particular duty it is hereby made to prosecute therefor.

SEC. 7. Be it further enacted, That whenever the small pox or other mortally infectious distemper shall prevail in any of the towns wherein the Supreme Judicial Court of this State, Circuit Courts of Common Pleas, or Courts of Sessions are to be holden, at the times prescribed by law, or by their own adjournment, for their sitting in such town; the Justices of the said Courts respectively, are hereby empowered to adjourn and hold said Courts in any town within the same county by proclamation to be made in the shire town, or as near the same as safety will in their opinion permit.

SEC. 8. Be it further enacted, That each town in this State, may at their meeting held in March or April annually, or at choose a health any other meeting legally warned for the purpose, when they health officer. shall judge it to be necessary, choose and appoint a health committee, to consist of not less than five, nor more than nine suitable persons, or one person to be a health officer, whose duty it shall be to remove all filth of any kind whatever which shall be found in any of the streets, lanes, wharves, docks, or in any other place whatever within the limits of the town to which such committee or health officer belongs, whenever such filth shall in their judgment endanger the lives or the health of the inhabitants thereof, and also to require the owner or occupier to remove or discontinue any drain from which any such filth may proceed. All the expenses whereof to be paid by the person or persons who placed such filth there, if known; or if not, by the town by which the said committee or health officer was appointed. And whenever any filth or drain as aforesaid shall be found on private property, said committee or health officer shall notify and

order the owner or occupier thereof, after twenty-four hours' notice, to remove the same or discontinue such drain at their own expense; and in case said owner or occupier shall neglect to remove such filth from his or her property or to remove or discontinue such drain after the expiration of the time aforesaid, he or they so offending shall forfeit and pay a fine of one hundred dollars, to be sued for and recovered, with costs of suit, by said committee or health officer, before any Court proper to try the same, for the use of the poor of the town in which such offence is committed: and said owner or occupier as aforesaid shall be liable and obliged to repay to said town all costs, and charges which the said committee or health officer may have incurred in removing the filth from his or her property; and in case of refusal to pay the same, he or they may be sued in the same way as is provided in this Act for the recovery of fines as aforesaid.

ing in this

person on

approach town,

&c.

for orders.

Penalty for

SEC. 9. Be it further enacted, That whenever any vessel Vessels arriv shall arrive at any port within this State, having on board any State baving person visited with the plague, small pox, malignant fever, or any infected any other pestilential disease, the master, commander or pilot board, not to thereof, shall not bring such vessel up near the town of the without leave, port where she first arrives, until liberty be first granted, in writing by the Selectmen thereof; but they may bring such but to anchor vessel to an anchor in such place below the town, as will be below, most for the safety of the inhabitants thereof, and the preservation of the vessel and the people on board, there to wait for and there wait orders from the Selectmen of such town before any passenger or person belonging to, or any thing on board the same be brought on shore: and any master or commander of such vessel who shall be found guilty of a breach of the law con- violating this tained in this section, shall forfeit and pay a fine of two hun- provision. dred dollars for every such offence, upon conviction thereof before any Court proper to try the same. And any pilot who may go on board any such vessel, and pilot the same up to the town, without liberty first had and obtained from the Selectmen thereof as aforesaid, shall upon conviction in manner as aforesaid, forfeit and pay a fine of fifty dollars for every such offence: all which fines contained in this section covered and ap may be sued for and recovered, with costs of suit in manner as aforesaid, by the Selectmen of the town where the offence is committed, to and for the use of the same town. SEC. 10. Be it further enacted, That whenever it shall ap- se vessels pear to the Selectmen of any sea port town within this State, must perform that the safety of the inhabitants thereof requires, that any vessel or vessels which shall arrive in any harbor or river within this State, from any port or place, should perform quarantine, the Selectmen of any town where such vessel shall so arrive, are hereby required and empowered to cause such vessel or vessels to perform quarantine, at such place as they shall appoint, and under such restrictions and regulations as

Fines, how re

plied.

In certain

cases

quarantine.

Penalty on master for vio

to quarantine,

and fraudulent declarations,

&c.

they may judge expedient; and any owner, master or supercargo, officer, seaman or consignee of such vessel or vessels, or any other person who shall neglect or refuse to obey the orders, directions, rules, regulations and restrictions of the said Selectmen, respecting the said quarantine, and shall be convicted thereof, upon indictment or information, before the Supreme Judicial Court or Circuit Court of Common Pleas, held in the county where the offence may be committed, shall forfeit and pay a sum not exceeding five hundred dollars, or be imprisoned for a term of time not exceeding six months, or both at the discretion of the Court having cognizance of such offence.

SEC. 11. Be it further enacted, That when any master or lating orders as commander of any vessel shall come up to any sea port town or making false aforesaid, with his said vessel, after notice given to him by any person or persons whomsoever, that a quarantine has been directed by the said Selectmen for all vessels coming from the port or place from which such master or commander shall have arrived; or shall falsely or fraudulently attempt to elude the directions of the said Selectmen by false and unfounded declarations of the port or place from whence he came; or shall land, or suffer to be landed from his vessel, any person or persons, or apparel, bedding, goods or menchandize whatsoever without the permission of the said Selectmen, every such master or commander shall, upon conviction thereof, in manner and form pointed out in the tenth section of this Act, forfeit and pay a sum not exceeding five hundred dollars, or suffer imprisonment for a term not exceeding six months, or both at the discretion of the Court having cognizance of such offence.

When Selectmen order all vessels from particular ports to perform quarantine,

such order

SEC. 12. Be it further enacted, That whenever the said Selectmen shall think it necessary to order all vessels which shall or may arrive at any of the sea port towns aforesaid, from any particular port or ports, to perform quarantine, and shall give notice of such order to the pilots of the said sea pilots to make port towns; it shall be the duty of such pilots to make known the said order to the captains or masters of all vessels which they shall board. And if any pilot after notice given to him as aforesaid, shall neglect to make known the said order, or shall pilot any such vessel up to any town aforesaid, he shall, upon conviction thereof in manner and form pointed out in the tenth section of this Act, forfeit and pay a fine not exceeding one hundred dollars.

known. &c.

Penalty for neglect.

Selectmen to provide red flags.

SEC. 13. Be it further enacted, That the Selectmen of each of the sea port towns aforesaid, shall provide, at the expense of such towns, a suitable number of red flags, of three yards at least in length; and the master of every vessel ordered to perform quarantine, for the purpose of purificaheist such flag. tion, shall hoist one of said flags on the head of the mainmast, there to be kept during the whole time, so long as said vessel

Vessels on

quarantine to