CHAP. IX.

OF THE LAWS MADE TO PREVENT THE SPREADING OF THE SMALL POX.

The statute of February 3, 1789, entitled "an act to prevent the spreading of the small pox," &c. enacts, "that if at any time it shall happen that the small-pox shall break out in any town, parish or place, in this state, the selectmen of such town, parish or place, or the major part of them, may remove any persons infected to any place where permission may be obtained from such justices, or where there is no hospital appointed, to any place remote from inhabitants, provided that no person or persons shall in any case whatever, be removed, unless the physician attending him, her or them so infected, shall be of opinion that such removal will be safe, and no ways dangerous to the life of such person or per

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"That if any person from and after the passing of this act, shall with intent to spread the small-pox, and communicate the same to any person, bring any infectious matter into the state, or shall use such infectious matter so as to communicate the same, or shall presume to inoculate him or herself, or any other person with the small-pox, or shall be inoculated therefor, each person so offending, shall pay a fine of fifty pounds of lawful money, to be recovered by bill, plaint or information before the superior court of judicature within this state, the one half thereof to the use of the informer or prosecutor, and the other half to the use of the town where such offence shall be committed."

The statute of December 25, 1792, enacts, "that whenever any ship,or other vessel shall arrive in any port in this state, having any person on board infected with the plague, small-pox, pestilential or malignant fever, or shall have been so infected during the voyage, or having on board any goods which may reasonably be apprehended to have any infection of such diseases, it shall be the duty of the master or commander of such ship or vessel

* Justices of the court of Common Pleas are here intended.

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to give immediate information thereof to the selectmen of Portsmouth, and it shall be the duty of the selectmen of Portsmouth, upon information of the arrival of such ship or vessel, and they are hereby empowered immediately to take such prudential methods and precautions as to them appear necessary, to prevent the spreading such infection, and may order and appoint the distance at which such ship or vessel shall lie from the shore, and sball have power to remove the same at the expense of the owner or master, if the master or commander shall refuse or neglect to remove after receiving from said selectmem an order therefor-and the said selectmen are hereby further empowered to forbid or prevent any person coming on shore from such ship or vessel, or any goods being landed from the same until such precautions be taken as the publick safety may to them appear to require. And if the commanding officer of any such ship or vessel shall suffer any person or thing to be put on shore without permission first obtained therefor, under the hands of the said selectmen, or a major part of them, he shall forfeit and pay the sum of four hundred dollars, to be recovered and appropriated as in the aforementioned act is provided for the recovery and appropriation of forfeitures."

"That if any person come on shore from any such ship or vessel without such liberty, any justice of the peace may cause such person to be confined in such proper place as the selectmen aforesaid may appoint, for a term of time not exceeding thirty days, at his own expense, to be recovered by them, by action of debt in any court proper to try the same.'

"That the said selectmen shall have full power to seize and keep any goods landed from such vessel, without such leave, until they shall cause the same to be cleansed at the expense of the owner of such goods and if the owner neglect to pay such expense, the selectmen shall have power to sell so much of the goods as will defray the reasonable charges of seizing, keeping and cleansing the same."

The same statute further provides "that whenever any person shall break out with the small pox in the natural way, in any town within this state, and in the opinion of

the selectmen, he may without danger remain without communicating the disorder to any but his own familyand if the family or any other person has been exposed to the danger of taking said disorder, the selectmen may grant license for any such person to be inoculated, whe with the physician shall not in such case be liable to the penalties of this and the aforementioned act."

CHAP. X.

OF THE LAWS RELATING TO POST GUIDES.

The statute of December 17, 1792, entitled "an act to establish post-guides and to facilitate travelling in and through this state, enacts, "that for the accommodation of the citizens of this state, as well as for other persons who may have occasion to travel in and through the same, there shall be erected at the intersection of all publick roads and highways within each town, parish, and precinct throughout this state, a monument or postguide at least ten feet high, which shall consist of materials of such angular form as shall correspond with the angle made by the intersection of the roads as aforesaid: and on each post-guide to be erected as aforesaid, or on the appendages thereof, shall be engraved or painted in legible characters, the name of the next adjoining town and towns, to which such roads respectively lead: as also the names of such other towns as may be thought proper with the estimated number of miles to all such towns

respectively, in figures. And an hand and finger shall be painted on the left of such letters as direct to a right` hand road, and on the right of such letters as direct to a left hand road, and the number of miles so to be engraved or painted, shall be understood to be the distance to the most publick place of resort within the town against which such figures shall be made."

"That the selectmen of the respective towns and places to which they respectively belong, shall superintend the erecting and keeping in repair, all such post-guides at the expense of the towns respectively-Provided that the inhabitants of the towns, parishes and precincts respectively, duly qualified to vote in town affairs, may if they choose on or before the first day of June next, and annually afterwards, determine of what materials the said post-guides shall consist, and appoint suitable persons to superintend the erecting and repairing the same."

"That if the selectmen, or other persons who may be appointed to superintend the erecting and repairing of post-guides as aforesaid, shall neglect their duty as herein prescribed for the space of twelve months from and after the first day of June next, or for the space of any four months after the expiration of said twelve months, they shall for every such neglect, pay a fine of twenty shillings."

"That if any person shall throw down, demolish or deface any scuh post-guide, appendages, letters or figures. thereon engraved or painted, or be aiding and assisting in such offence, he shall pay a fine of thirty shillings. And all fines which may be forfeited in consequence of this act, may be sued for, and recovered by action, bill, plaint or information in any court proper to try the same. And all such fines shall be appropriated, the one half to the use of the prosecutor or informer, and the other half to the use of the town where the offence may be committed."

CHAPTER XI.

OF THE LAWS REGULATING FENCES.

The statute of February 8, 1791, entitled "an act relative to common fields, and regulating fences," enacts, "that the inhabitants of every town and place in this state, at their annual meeting for the choice of town officers, shall choose fence viewers, who shall be freeholders, and who shall be sworn to the faithful discharge of the duties of said office. And it shall be the duty of all fence viewers, on request, to view all fences in the same town or place for which they are chosen, and to establish division fences between persons interested in making them, and to appraise damage done in certain cases, and generally to do all the duties in this act, and by law enjoined upon them. And every fence by them or the major part of them adjudged good and sufficient, shall be considered as legal and sufficient to all intents and purposes."

"That the owners or occupants of lands under improvement, and adjoining shall contribute equally in building and repairing the partition fence between them, so long as they shall continue to improve. And where no division of such partition fence hath been made, and the persons whose duty it is to make and maintain such fence, cannot agree on a division of the same, the fence viewers of the town where the lands lie, and in case the lands be in different towns, then the fence viewers of both such towns or places not interested, or the major part of them, or so many of them as the parties shall agree upon, shall notify both parties and shall repair to the place where such fence is to be built or repaired, and whether the said parties attend or not, they having been duly notified to attend, and no sufficient excuse being made for their non-attendance, shall proceed to make division of such fence, and shall set the same down in writing, and charge half their fees to each party, and shall deliver or leave with each party a copy of such writing,signed by them, with a minute of their fees