98

Penalties

how recover

ed.

Informing officers to prefent.

Providing for idiots and

distracted perfons

Application

the C. court.

To award ex

ecution, in cafe, &c.

Idiots, diftracted & im

potent perfons having eftates, the

C. court to order, &c.

Power of

courts of probate to order fale of eftates of idiots.

Idiots, &c.

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

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.

E it enacted by the Governor, Council, and Representatives, in General Court s

it shall happen that any Perfon or Perfons fhall be naturally wanting of Understanding, so as to be incapable to provide for themselves; or by the Providence of God fhall fall into Diftraction, and become Non Compos Mentis, or fhall by Age, Sickness, or otherwife become poor and impotent, and unable to fupport or provide for themselves; and having no Estate where-withal they may be fupported and maintained, then they, and every of them shall be provided for, taken Care of, and supported 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, distracted, 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 to them made, either by the Select-men of the Town, or any one or more of fuch Relations, to order the fame accordingly.

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

But if fuch Idiot, distracted or impotent Perfons have any Estate, the County Court of that County where they dwell, may order and difpofe thereof in fuch Manner as they fhall judge beft for, and towards the Support of fuch Perfons; as alfo the Perfons themselves, to any proper Work or Service he, fhe 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 Conservator to take Care of, and overfee fuch Idiots, diftracted and impotent Perfons and their Eftates, 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, pursuant to the Provisions of this Act, that the Debts so ascertained, fhall exceed the perfonal Estate of fuch Idiot, distracted or impotent Perfon or Persons, it fhall be lawful for the fajd 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 whatfoever; any Thing in this Act to the contrary in any Wife notwithstanding.

But

Idiots, &c.

But if fuch Idiots, distracted, poor and impotent Perfons have not Eftate (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 Overleers 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 Person, 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 fo happen, that any Man fhall die without Iffue, leaving a Widow and an Eftate, real or perfonal, belonging to him, fuch 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 Perfon of Ability held in Law to fupport her. And that all and every Perfon or Perfons, to whom fuch Eftate, or any Part thereof, is given or defcends 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 ob tained againft 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 feveral 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 Perfon or Perfons 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 Of fice of faid Town; and thereupon no fuch Perfon, while under fuch Ap pointment, shall be able to make any Bargain or Contract, without the Consent of fuch Overfeer, that fhall be binding, or valid in Law.

Perfons not

And if fuch Measures do not prove fufficient to reform fuch Perfon, then the Select-men (or without first appointing fuch Overfeer, if they judge it neceffary or more proper) may, and they are hereby directed to make Ap- reformed, the plication to the next Affiftant or Juftice of the Peace, and inform him there- felect-men of: Which Affiftant or Juftice is hereby directed and impowered, at the to, &c. Request of the Select-men, to iffue forth his Warrant to the Sheriff, his Deputy, or to either of the Conftables of that Town, commanding them to take the Body of fuch Person, and bring him before the faid Authority, in order that fuch Perfon may be examined concerning his Idlenefs, Mifmanagement, and bad Husbandry, and to be dealt with according to this A&t.

And in Cafe fuch Perfon who fhall be fo informed against, fhall abscond, so that he cannot be taken bodily, then the Officer fhall ferve fuch Warrant by leaving a true and attefted Copy thereof at the ufual, or laft Such perfons Place of his Abode; and thereupon, after the Proceedings above directed not to make to, the Select-men, or the major Part of them, if no fufficient Reafon be offered to the contrary, fhall, by and with the Advice of faid Affiftant or Juftice, 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

N 2

der

100

Select-men to take into their hands

the lands, &c.

Provife.

Select-men to

fet up on the fign-poft a certificate of

their proceed ings in taking the eftate

of poor and idle perfons.

Select-men to demand and recover the

eftates of idle perfons, &c.

Select-men to pay out, &c.

Perfons aggrieved, to apply to the county court.

Disabled

from making contracts.

Contracts void.

Impresses to be by warrant

Reasonable allowance.

Impreffes.

der their Care; and fuch Perfon and Family to affign, bind, and dispose of in Service as they fhall judge best.

And when the Select-men fhall have thus taken into their Care any fuch Person, and difpofed of him as aforefaid; or in Cafe of his abfconding as aforefaid, if informed and proceeded against as aforefaid; the Select-men for the Time being are hereby authorized and fully impowered, by and with the Advice of the faid Affiftant or Juftice, to take into their Hands and Custody, all the Lands, Goods, Chattels and Credits of any fuch Per-. fon, and the fame to dispose of, improve and manage by themselves, or any under them, for the best Good and Advantage of fuch Perfon, or his Heirs. Always provided, That no Select-men fhall have Liberty to fell the Lands any fuch poor, or idle Person, without the Order of the General Affembly.

of

And the Select-men fhall make evident and certain their Doings with, and on such Estate as they shall take as aforefaid, by forthwith fetting up a Certification thereof in Writing, under the Hands of the faid Authority, and Select-men, on the Sign-Poft, or fome other public Place in faid Town; and lodge a Copy thereof in the Town Clerk's Office of faid Town; and fhall alto within Ten Days after the taking of fuch Ettate into their Hands, make a true and perfect Inventory of all, and fingular the Goods, Chattels and Credits of fuch Perfon, as fhall come into their Hands, with a juft Estimate of the true Value of every Article thereof, by the Appraisement of two indifferent Freeholders under Oath, being thereunto appointed and fworn by faid Authority: Which Inventory fo taken, fhall be lodged in the Town Clerk's Office of that Town.

And if any Perfon or Perfons fhall detain or with-hold from fuch Selectmen any Eftate, Lands, or Credits, belonging to fuch idle and poor Perfon, the faid Select-men are hereby impowered to demand and recover the fame by Action, or by other Means, from Time to Time: Which being recovered and received by fuch Select-men, fhall, if perfonal Estate, be inventoried as aforefaid; and the Whole to be improved as aforefaid.

And the faid Select-men fhall take Care to pay out of such Estate in their Hands, the juft Debts due from fuch Perfons.

And if any Perfon or Perions fhall be aggrieved with the Doings of any Select-men in any fuch Cafe, they may apply themselves, and complain to the next County Court in that County for Relief; who are hereby impowered to afford fuch Relief, on hearing the Cafe, as they shall think convenient; and give Orders therefor, and put the fame in Execution accordingly.

And all fuch Persons who shall be taken, and whose Estate shall be taken and disposed of according to this A&t, shall be disabled to make any Contract, Act or Deed that fhall be binding upon their Perfons or Eftate, as Minors under Guardians by Law are; until fuch Time as such Perfons by their Industry, good Management and Application to Business shall obtain under the Hands of fuch Authority and Select-men that they are released, and their Estate put into their own Hands and Improvement again.

And all Bargains, Sales and Contracts made, or pretended to be made, contrary to this Act, fhall be, and they are hereby declared to be null and void.

An Act for the preventing of Wrong by Impreffes.

BE

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That no Perfon fhall be compelled to do any Work or Service for the Public, unless it be by Warrant from Authority, and he have reasonable Allowance therefor: Nor fhall any

Man's

Indians.

Man's Horse, Cattle or Goods, of what Kind foever, be impreffed or taken

ΙΟΙ

for any public Ufe or Service, unless it be by Virtue of fuch Warrant, nor Damage to without fuch reasonable Satisfaction: And if fuch Horse, Cattle or Goods be paid. perish, or fuffer Damage in fuch Service, the Owner shall be duly recom penced.

An Act for well-ordering and governing the Indians in this State; and fecuring their Intereft.

BE

E it enacted by the Governor, Council, and Reprefentatives, in General Court affembled, and by the Authority of the fame, That it shall be the Duty of the Civil Authority and Select-men of fuch Towns wherein are any Tribe of Indians, to take Care that they be well acquainted with the Laws of the State, made for punishing fuch Immoralities as they may be guilty of; and make them fenfible that they are liable to the Penalties, in Cafe they tranfgrefs the Laws.

Civil autho rity, &c. to take care the indians be acquainted with the laws against im

moralities.

Indians mur

And any Indian that shall be guilty of wilfully murdering any other Indian, shall be put to Death, on being thereof convicted before the Superior der, death. Court.

And every Indian that shall be convicted of Drunkenness, shall pay a Fine

of Five Shillings, or be fet in the Stocks, not exceeding two Hours, nor less Drunkenness. than one Hour.

And every Indian that shall be convicted of profaning the Sabbath or Lord's-Day, by unneceffary Labour, or Play, fhall pay a Fine of Three Breach of Shillings, or fit in the Stocks one Hour, at the Discretion of the Authority before whom the Conviction is.

And if any Perfon fhall fell or give any ftrong or fpirituous Liquor to any Indian in this State, fuch Perfon fhall, for every fuch Offence, pay a Fine of Ten Shillings for every Pint, and in Proportion for any greater or leffer Quantity of fuch Liquor, fo fold, or given to any Indian. And the Accufation of an Indian, and other strong Circumftances, shall be sufficient Evidence to convict any Perfon of the Breach of this Paragraph, unless the Perfon accused shall acquit him or herself on Oath.

fabbath.

Penalty for felling ftrong! drink to indi

ans.

Provifo.

valid, unless acknowleged.

Indian children to be taught to read, &c.

Provided, That nothing in this Act fhall be conftrued to hinder, or restrain. any Act of Charity for relieving any Indian in Cafe of Sickness or Neceffity. That no Indenture or Contract made by any Indians for binding out any No indenture. of their Children, fhall be valid in Law, except approved by, and acknow- of an indian ledged before an Affiftant or Juftice of the Peace; which Authority fhall fee that Juftice be done therein. That it shall be the Duty of every Perion who fhall take an Indian Child or Children to bring up, to teach him or them to read; and alfo to inftruct them in the Principles of the Chriftian Religion, by Catechifing or otherwife. That any Person who shall neglect his or her Duty therein, and be thereof convicted, thall pay a Fine, not exceeding Thirty Shillings, on one Conviction, at the Discretion of the Authority before whom the Conviction is: And if fuch Perfon fhall continue to neglect to inftru&t fuch Child or Children, (they being capable to learn) it shall be the Duty of the Select-men, and they are hereby impowered, by and with the Advice of an Affiftant or Duty of feJuftice of the Peace, to remove fuch Child or Children, and bind him or them to fome other Perfon, who will take proper Care for their Inftruction, as aforefaid.

That no Judgment shall be rendered against any Indian for any Debt, or any Contract, except for Rents of Lands hired and occupied by fuch Indian.

And be it further enacted by the Authority aforefaid, That no Perfon or Perfons in this State, whether Inhabitants or other, fhall buy, hire, or re

Penalty for neglect.

lect-men, &c.

Not profecutable for debt

except, &c.

No perfon to ceive a Gift or Mortgage of any Parcel of Land or Lands of any Indian or buy or hire of Indians, for the future; except he or they do buy or receive the fame for indians, un- the Ufe of the State, or for fome Plantation or Village, and with the Allowance of the General Affembly of this State.

lefs, &c.

On penalty,

&c.

And if any Perfon or Perfons shall purchase, or receive Lands of any Indian or Indians, contrary to the Intent of this Act; the Perfon or Perfons fo offending, fhall forfeit to the public Treasury of this State, the treble Value of the Lands fo purchased or received: And no Intereft or Estate in any Lands in this State, fhall accrue to any fuch Perfon or Perfons, by Force or Virtue of fuch illegal Bargain, Purchase or Receipt.

(The above Paragraph, was enacted in October, one Thousand seven Hun dred and two to be in Force from the first Day of December, then next following.]

It is further enaded by the Authority aforefaid, That when and so often as any Suit fhall be brought by any Indian or Indians, for the Recovery of any Law of pof- Lands: referved by the Indians for themselves, or fequeftered for the Ufe

feffion not

pleadable,

&c.

Where indians have corn-fields, fence-view

ers to be ap

pointed, &c.

To have pounds.

Notice to be give to the owners of

creatures impounded..

and Benefit of the Indians, by Order of this Affembly, or by any Town, agreeable to the Laws of this State; that the Defendant or Tenant shall not be admitted to plead in his Defence his Poffeffion, or any Way take Benefit of the Law, entitled, "An Alt for the quieting Men's Eftates, and avoiding of Suits," made May the eighth, One thousand fix hundred and eighty-four.

And to prevent Damage that may come to Indians in their Corn Fields, by Creatures belonging to other People:

Be it further enacted by the Authority aforefaid, That in each Town in this State, where any Indians have fenced Fields, there fhall be Fence-Viewers and Apprizers by fuch Town chofen and appointed, who fhall be fworn to view fuch Indians Fence, and to apprize fuch Damage as may, or shall be done in their Corn-Fields, by any Cattle, Horfes or Swine: And the Judgment and Appraisement of fuch Viewers or Appraisers, fhall be obferved, and duly performed, and anfwered by the Owners of fuch Cattle, Horfes and Swine, to the Indian or Indians damnified.

And any Indians having fuch Fields, are hereby allowed to make Pounds within their faid Fields, to impound and fecure Horfes, Cattle and Swine trefpaffing upon them.

And the Indian or Indians impounding any Cattle, Horfes or Swine, shall forthwith give Notice thereof to the Select-men of that Town wherein fuch Field is, and to the Select-men of the two next adjacent Towns; unless the Owner is known; in which Cafe, Notice fhall be given to the Owner; and if the Owner doth not redeem his Creatures fo impounded, by paying the Damage fuftained, within twenty-four Hours after Notice to them given of the fame; or if no Owner appear within three Days after Notice given to the Select-men, as aforefaid; then, in each of thofe Cafes, the Select-men of that Town wherein fuch Field is, fhall make Sale of fuch Creatures, or fo many of them as shall anfwer the Damages done by fuch Creatures, and pay faid Damage, and the Charges therewith, and return the Overplus (if any) to the Owner.

An Act for the Admiffion of Inhabitants in Towns, and for preventing Charge on Account of fuch as are not admitted therein.

BE

E it enacted by the Governor, Council, and Representatives, in General Court affembled, and the Authority of the fame, That no tranfient Per

fon