on board, ex or vessels are performing quarantine; and no person during No person to go that time shall go on board, except those employed by the cept, &e. said Selectmen; and every person who shall transgress by going on board any such vessel, shall be considered as contaminated with infection, and held to undergo purification in the same manner, and under the same regulations and restrictions as those persons who are performing quarantine on board such vessel or vessels, and shall there remain until discharged by order of said Selectmen, who, by any person or persons employed by them; may forcibly detain such person or persons transgressing as aforesaid, for the purpose of purifying as aforesaid. men judge it necessary, &c. health committee, or health officer all the duties, may perform &c. SEC. 14. Be it further enacted, That in every sea port town when select aforesaid, where there is a health committee or a health officer, legally chosen and appointed in manner as directed by this Act, and the Selectmen of such town shall judge it necessary, and shall certify it under their hands, or the major part of them; such health committee or health officer are hereby authorized to perform all the duties, and exercise all the authority which Selectmen are authorized and required to execute, in requiring any person or persons, vessel or vessels as aforesaid, to perform quarantine in manner as pointed out in this Act. how appropri Expenses how SEC. 15. Be it further enacted, That all the forfeitures aris- Forfeitures, ing from the tenth, eleventh and twelfth sections of this Act, ated. shall accrue to the use of the town where the offence shall be committed; and all expenses arising from any vessel, person or persons, or effects on board the same, performing quaran tine as aforesaid shall be paid by the owner or owners of such to be paid. vessel, or effects on board the same; and in case of refusal to pay such expenses, the same may be recovered by an action. of debt in the name of the Selectmen, health committee or health officer as the case may be, in any Court proper to try the same. inoculate for at a licensed be within 100 dwelling SEC. 16. Be it further enacted, That no person shall inocu- No person to late any other person or inoculate himself or herself, or suffer smallpox, but himself or herself to be inoculated with the small pox, unless, hospital. at some hospital licensed by the Selectmen of the town. Provided, No such hospital shall be erected or licensed within None such to one hundred rods of any dwelling house situated in an ad- rods of any joining town without the consent of the Selectmen of such house, without adjacent town, on pain that every person so offending shall consent, &c. for each offence forfeit a sum not exceeding one hundred dol- Penalty and lars, to be recovered on indictment or presentment of the mode of recor Grand Jury at the Supreme Judicial Court, or Circuit Court of Common Pleas within the county, to the use of the town in which such offence shall have been committed. ery. to such hospi SEC. 17. Be it further enacted, That whenever any hos- Regulations as pital shall be so erected, established or licensed, the physi- tat. cian, the persons inoculated, or sick there, the nurses, attendants, and all persons who shall approach or come within the 450 When small pox unexpect in any town, limits of the same, and all such property as shall be used or brought there, shall be subject to all such orders and regulations as shall be made by the Selectmen or a committee appointed for that purpose to prevent spreading the infection. SEC. 18. Be it further enacted, That when the small pox edly breaks out shall unexpectedly break out in any town, the Selectmen of power and duty the same, shall have power, and it shall be their duty, immeof selectmen. diately to provide such hospital or place of reception for the sick and infected as they shall judge best for their accommodation and the safety of the inhabitants, and may give license for inoculating there, all such persons as shall be supposed to have taken infection; and such hospitals and places of reception shall be subject to the orders and regulations of the Selectmen in the same manner as is herein before provided respecting licensed hospitals, and the said Selectmen shall cause such sick and infected persons to be removed to such hospitals or places of reception, unless the condition of the sick person should not admit of removal without danger of life, in which case the house or place where the sick shall remain, shall be considered as an hospital to every purpose before mentioned, and all persons residing in, or in any way concerned with the same, shall be subject to the orders and regulations of the Selectmen of the town as before expressed and provided. Selectmen to give notice to travellers, of Penalty for vio tions. SEC. 19. Be it further enacted, That in all cases abovementioned, it shall be the duty of the Selectmen to use all infected places. possible care to prevent the spreading of infection, and to give public notice to travellers of infected places by displaying red flags at proper distances, and by all other means which in their judgment shall be most effectual for the common safety; and in case any physician or other person within any lating regula of the hospitals or places of reception above described, or who shall attend, approach, or be concerned with the same, shall violate or contravene any of the restrictions, orders or regulations of the same, made according to this Act, either in respect of himself or his or any other person's property, the person so offending shall for each offence forfeit and pay a sum not exceeding one hundred dollars, nor less than ten dollars, to be recovered by the Selectmen, committee or health officer who may sue for the same, one half to the use of the person or persons who prosecute for the same, and the other half to the use of the town where the offence shall have been committed. Every house notice to small pex be in SEC. 20. Be it further enacted, That whenever any householder to give holder shall know that any person within his or her family is lectmen, if the taken sick of the small pox, such householder shall immedi his family, &c. ately give notice thereof to the Selectmen of the town of which such householder shall be an inhabitant or resident, on pain that every householder who shall refuse or neglect to give such notice, shall forfeit and pay for such offence; a sum Penalty for not exceeding thirty dollars, nor less than ten dollars, to be :00: CHAPTER CXXVIII. An Act respecting Pounds and impounding Beasts going at large, or damage feasant. keep sufficient Deglect. SEC. 1. BE it enacted by the Senate and House of Representatives, in Legislature assembled, That each town shall keep Each town to and maintain a sufficient pound or pounds, in such place or pounds. places therein as the town shall direct; wherein horses, asses, mules, swine, goats, sheep and neat cattle may be impounded and kept, for the causes hereinafter mentioned; and any town that shall neglect, for the space of six months, to provide and Penalty for maintain such a pound shall forfeit and pay the sum of fifty dollars, for the use of the county; to be recovered by presentment of the Grand Jury in any Court in the county; and there shall be chosen in each town, at the annual meeting for Pound keepers the choice of town officers, a suitable person to keep each vers to be pound, and three or more suitable persons for field drivers ly. within such town, who shall severally be sworn to the faithful Field drivers to discharge of their duty; and it shall be the duty of the field drivers, thus chosen and sworn, to take and impound any such beasts found going at large, contrary to the provisions of this Act, or damage feasant; and the pound keeper shall restrain all beasts impounded within the pound, and furnish them with suitable and sufficient food and drink at the expense of the person impounding them. and field dri chosen annual be sworn: their duty. to go at large, April 1, and SEC. 2. Be it further enacted, That no horses, asses, or Horses, mules mules, of one year old or upwards, or swine, not under the and swine not care of a keeper, shall at any time be permitted to go at large &c. on the commons or highways in any town; and no goats, or Nor goats and sheep, not under the care of a shepherd, shall be permitted to sheep between go at large, on the commons or highways aforesaid, between November 15. the first day of April and the fifteenth day of November in any year; and neat cattle may go at large on such commons or highways, at any and all times: Provided however, That any town may, by a vote thereof at the annual meeting for the restrict the choice of town officers in any year, prohibit neat cattle, not times. under the care of a keeper, from going at large as aforesaid, within such town or any part thereof at any or all times within one year from the meeting. Towns may right, at all Penalty for SEC. 3. Be it further enacted, That if any horses, asses, horses, &c. or mules, swine, goats, or sheep shall be found going at large neat cattle gocontrary to the second section of this Act, or any neat cattle contrary to when prohibited by a vote of the town, as is provided in said ing at large, this act : or such beasts pounded, &c. may be im Pound keeper to receive fees for field-driv ers, and his own lees, &c. Proviso. Penalty for ungelded Penalty for rams going at large between November 20. and rams may &c. section, shall be found going at large as aforesaid, the owner or owners thereof shall forfeit and pay the sum of seventyfive cents for every horse, ass, or mule; twenty cents for every swine; twenty-five cents for every goat; six cents for every sheep; and fifty cents for every neat creature, so going at large; or the beasts so going at large, may be taken and impounded by a field driver in any pound in the town, and restrained in such pound until the owner or owners thereof shall pay the pound keeper, for the use of such field driver, the sum of seventy-five cents for every horse, ass, or mule; twenty cents for every swine; twenty-five cents for every goat; six cents for every sheep; and fifty cents for every neat creature so found going at large and impounded; together with the pound keeper's fees, and a reasonable sum for furnishing said beasts with food and drink; or until the same shall be replevied, or dealt with as is hereinafter directed: Povided, That no mare or gelding of the horse kind, or neat creature shall be so taken, and impounded when the owner of such beast is unknown. SEC. 4. Be it further enacted, That if the owner of any ungelded horse of the male kind, more than one year old, horse going at shall, at any time, suffer the same to go at large on the large, common or highways in any town, such owner shall forfeit and pay the sum of four dollars for each time such horse shall be so found going at large; and if the owner of any ram or he-goat shall suffer the same to go at large, or out of his or her enclosure between the tenth day of August, and the twenAugust to and tieth day of November, the owner thereof shall forfeit and pay the sum of two dollars for each time every such ram or he-goat shall be found going at large out of his or her encloOr such horses sure; or such male horse, ram, or he-goat, may be taken and be impounded, impounded, by a field driver or any other person, in any pound in the town and restrained in such pound until the owner thereof shall pay to the pound keeper for the use of the field driver or other person, impounding the same, four dollars for every such male horse, and two dollars for every ram or he-goat thus taken and impounded, together with the pound keeper's fees and a reasonable sum for furnishing said male horse, ram or he-goat, with food and drink; or until the same shall be replevied or dealt with, as is hereinafter directed. SEC. 5. Be it further enacted, That any or either of the recovered and forfeitures aforesaid shall be recovered by action of debt in any Court competent to try the same, by and for the use of any person who shall sue therefor: Provided, That the action therefor shall be commenced within sixty days from and after the forfeiture was incurred, and not afterwards. Penalties how limitation as to time. Persons injur swine, horses, SEC. 6. Be it further enacted, That any person injured in ed by sheep, his tillage, mowing, or other lands under improvement, that &c. may main- are inclosed with a legal and sufficient fence, whether such improved lands be in common or general field, or in a close tain trespass, or impound the beasta, may be im cured. by itself; by swine, sheep, goats, horses, mules, asses, or neat cattle, may have and maintain an action of trespass, quare clausum fregit, against the owner of the beasts, for his damages; or he may impound the beasts doing the damage, or some of them, at his election, with or without the aid of a field driver; and in case he impound the beasts, he may re- How beasts strain them in one of the town pounds, or in some other place, pounded or se under his immediate care and inspection, as may be most convenient for relieving them with suitable food and drink; which relief it shall be the duty of the person impounding to furnish, or cause to be sufficiently furnished, during their confinement; and no action of trespass quare clausum fregit No action, or shall be had and maintained against the owner of any neat impounding to cattle for damages, nor shall such cattle be taken damage the beasts enfeasant and impounded, when such cattle broke into such where the close, or common or general field from the commons or highways in any town, in a part where the fence of such close or field was not good and sufficient, according to law: Provided, That such neat cattle, shall, at the time of such breaking, be lawfully going at large on the commons or highways aforesaid. be allowed if tered a field fence was not sufficient. the cattle were through the it was suffi the fence be SEC. 7. Be it further enacted, That when an action of tres- Otherwise, if pass shall be brought against the owner of any of the beasts secretly turned aforesaid, for damages by them done upon his enclosed lands in, or broke under improvement; or when such creatures, taken damage fence where feasant and impounded, shall be replevied, it shall be in the cient, though power of the Justice or Court before whom the cause shall some parts of be determined, to render judgment in favor of the person de- insufficient. manding damages for the injury sustained, upon satisfactory evidence being produced, that such creatures were clandestinely turned in, or broke into the close in a part where the fence was good and sufficient, according to law; some other parts of the fence round the same close being deficient notwithstanding. are impounded, be given. SEC. 8. Be it further enacted, That when any of the Proceedings beasts aforesaid shall be impounded, whether it be done for where beasts being at large out of the owner's enclosure; or on the com- and notice to mons or highways; or for doing damage as aforesaid, the person impounding, shall inform the owner of the beasts impounded, (if known,) within the space of twenty-four hours, by giving him a notification thereof in writing, describing the creatures, and specifying the time, place, and cause of impounding the same: and in case the owner of the beasts impounded be absent, such written notification shall be left at his house or usual place of abode. And the person impounding shall also leave with the pound keeper, if such beasts are impounded in a town pound, at the time they are committed to his custody, a memorandum, in writing, under his hand, of the cause of impounding, and the sum he demands as a forfeiture, or in damages from the owner before they are liberat. |