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Full text of "The New-Hampshire Town Officer"

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6i.S //SS.3.. 76- 



► 



HARVARD COLLEGE 
LIBRARY 




THE GIFr OF 

LAWRENCE SHAW MAYO 

CLASS OF 1910 



■j.s i/fix *r 




THE 



iteW-hampshire 



TOWN OFFICER. 



BT WILLIAM St. RICHABmOir. 



CONfcORD : 



PUBLISHED BT JACOB B. MOOML 



1829. 



1 



UA \l^a;i.T^ 



4 



o% 



UbrabV 






OISTRIOT OF NEW-HAMPSHIRE— TO WIT : 

BiHtrid Cleric's OJiet. * 

f **^^^ . BE IT REMEMBERED, That on the eighth day of September, A. D. 1829. 
^ L.i^. > and in &e fifly-fouiih vear of the Independence of the United States of 
< v-^v^ ^ Amenca, JACOB B. IttOORE, of the aoid District, has deposited in this 
OfSce the iitle of • bool^ the right whereof he claims as proprietor in the words follow- 
ing, viz. : I 

« Tkt NtwHau^kire Town Officer. By WILLIAM M. RICHARDSON." 

In conform^ to the act of the Gongraas of t)ie United States, << entitled " An act for 
the encouragement of leamine bj securing the copies of maps, charts and books, t» the 
authors and proprietors of sucn copies dunng the times therem mentioned," and abo to 
an act entitled ** an act supplementary to an act entitled an act for the encouragement of 
learning by securing the copies of maps, charts and books to the authors and proprietors 
of such copies, dunng the times therein inentiuned, and extending the benefits thereof to 
Ihe arts of designing, engraving, and etching historical and other prints.*^ 

' CHARLES W. CUTTER, a«r* 
of the District Court of the United StaieSf 
for the District o/ Jfewo'liampshut, 

A Ime copy of Record, 

Attestr-CHARLES W. GUTTER, Clerk, 



!•■■ J.I II III « 1 1 i>uiJ"!«"«nmMiPMHMViOT«v""""V9^pp 



TAB&B OF OOMTfiXPTS. « 

CHAPTER i. 

Of TOWN HEETINGS. , * 

Page. 

SjECTION 1. OF THE BCANfTER OF CALLIITO TOWN MEETINGS, 1 

ToTitk No. 1. Form of a warrant for calling a town 
meeting', when directed to a constable, ' 3 

Form N6i 2. Form of the constable's return, 4 

Form No. 3. Form of a certificate that a list of tiie 
voters has been posted up,' - - - «. - 5 

Form No. 4. Form of a warrant for holding a town 
meeting when posted up by the selectmeoy • - 5 

Form No. 5. Selectmen's certificate of notice, &c. - S 

Form No, 6. Form of an application to thd selectmen 
of a townv to hare any matter inserted in a warrant 
. for calling a meeting > ----'• 7 

Form No. 7. Form of an application to a justice of the 
peace to call a town mjBeting^ when the selectmen 
of a town neglect or refuse to call a meeting, or to 
insert a particular article in a warrant, - - 7 

Form No. 8. Form of the warrant to be issued by^ a jus- 
tice of the peace for calling a town meeting, - 8 

Form No. 9. Fonn of an' application to a justice of the 
peace to call a meeting in a town where there are 
no town officers, --"- - - - - 9 

Form No. 10. Form of a warrant to be issued by a jus- 
tice of the peace for calling a town meeting, - 10 

Form No. 11, Form of the freeholders' return to the 
warrant of the justice, - - - - - 11 

Section 2. of the qualifications of voters, - 11 

Section 3. ,of the choice anp duties of moderators, 13 
Section 4. of the manner of holding town meetings 

FOR THE choice OE TOWN, COUNTY, STATE AND OTHER 
officers, .---,-'--- 14 

Form of a list of voters, - - - - 18 

Section 5. of the choice and ciualifications of town 
oeficers, of their oaths, and the duration of 
their offices, &c. - - - - - 19 

Form No. 1, Form of the oath to be administered to 
town officers, - - - - -- - 24 

Form No. 2. Form, of a warrant to be directed to a con- 
stable to notify town officers to take the oath by law 
prescribed^ -------24 

Form No. 3. Form of the constable's return, - - ' 2ft 
Form No. 4. Yotm, of an appointment of a collector, 26 
Form No. 5. Form of a bond to be g^ven by collectors, 26 
Form No. 6. Form of an agreement between selectmen 
and a collector of taxes as to the compensation of 
the latter, v- 27 



IV TABLS OP CONTENTS. 

Form No. 7* Form of the record of the doings of a town 
at tl^ annual meeting in March, - - - 27 

Section 6. of the election of governor, counsel- 
lors, senators and representaxhtes, - •» 32 

Form No. 1. Form of a return of votes for governor, 32 
Form No. 2. Form of the direction upon the return of 
votes foif governor, - - - - - - 32 

Form No. 3. Form of the certificate, to be given to 
represehtatires, of their election, - .- - 34 

Section 7. of the elepivon os registers of deeds and 
coujNTV treasurers, ...... 35 

Form No. 1. Form of the return of votes ior register of 
deedf and county treasurery - - - - 4d 

Form No. ^« Form of the Section to the court of com- 
mopi pleas, ----.-- 42 

Section $. of the election of electors of president 
and vice«president of the united states, - 43 

Form No. 1. . Form of the reQord of the proceedings, 4ft 
Form No. 2. Form of the attestation at the bottom of 

the copy, t - - •- - -• 46 
Fofta No. 3. Form of the superscription, » - 46 

Section 9. of the election of representatives in the 

CONGRESS OF the UNITEB STATES, - - • 47 

Form No. 1. Formof the re turn of votes for representa- 
tives io thfi congress of the United States, - - 50 
FoitftNo. ^. Formof tj^e superscription, - - 50 



CHAP. II. 

OF THE DRAWING OF GRAND AND PETIT JURORS, 51 

Form No'. 1. The form of a warrant for a meeting in a 

town for>the purpose of drawing jurors, - - 56 
Form No. 2« Form of the town clerk^s return, - 56 

Form No* 3. Form of the record of drawing jurors, 57 

Form No. 4, Form of the certificate of notice to the 

jurors, . . . .' . \ . . 57 

Form No. 5. Form of the notice to be delivered to the 
jurors drawn, . ^ ..... 5$ 

CHAP. III. , 

OF THE PERAMBUX.ATION OF tlNES BETWEEN TOWNS, 59 

Form No, 1. ^ Formof the notice to bo given to peram- 
bnlate, * 62 

Form No. 2. The form of an appointment of a person 
to perambalate, 62 

Form No. 3. The form of a return of the perambulation 
of lines, 63 

Form No. 4. The form of a petition to the court of com- 
mon pleas to settle a line when the selectmen of the 
^ towns cannot agree, • « « « ^ * 63 



-^r 



•^ 



I 

\ TABLS OF CONTBNTS. V 

CHAP. rv. 

OF THE POWERS AND DUTIES OF CONSTABLES, 65 

Section 1. tus authority and dutt of consta»le8 in 
relation to the teryioe of writs and kxxcutlons 

IN eiVIL CAUSES, . . * . • . . . 65 

Section 2. covstable^s fees, . . • • . 66 
Section 3. forms of returns^ . . . ... 67 

Form No. 1. The form of a constable^s rejLurn of a writ ^ 
when bail is taken, .' . . . . .67 

Form No. 2. The form of a constable's return upon a ' 

writ when a summons only is left, . . • 68 
Form No. 3. Form of a constable's return on a writ 

when goods are attached, 68 

Form No. 4. Form of a constable's return upon a writ 

of scire facias, 68 

Fo^m No. 6» Form of a constable's return- upon an. ex- 
ecution when it is intended to charge bail, - 69 
Form No. 6\ Form of a return upon an execution when 
goods have been sold to satisfy it, ... 70 
Section 4. the authority and duty of constables in 
criminal causes, ...... 72 

Form No. 1. Form of a return upon a warrant, 73 
Form No. 2. Form of a constable's return upon a mit- 
timus^ . • 73 



CHAP: V. 

OF THE LAWS RELATIVE TO THE MAINTENANCE OP ILLE- 

_ GITIMATE CHILDREN, .... 75 

Form No, i. The form of a complaint by the mother 

while pregnant, .*..,. 78 

Form No. 2. Form of the warrant, . .79 

Form No. ^. Form of the justice's order» • . 80 

, Forip No. 4. Form of the bond, . % . . 81 
Form No. 5. Form pf the mittimus, ... 82 

Form No. 6. Form of an application by a town liable 
to niaintam a bastard child to be admitted to prose- 
cute a complaint, &c. . . . . . 83 

Form No. 7. Form of a complaint on behalf of a town 
by the selectmen^ when the mother of the child 
nejglects or refuses to prosecute, ... 84 



CHAP. VL 

OF THE PROFANATION OF THE SABBATH* 



86 



CHAP. VII. 

OF MARRIA6ES| BIRTiHS AND BURIALS, 
1* 



81 



CHAP. Vjil. 

OF MASTERS AND APPRENTICES, - 93 

Form No. 1. Form of an indenture to bind an apprentice, 96 
Form No. 2.' Form of the selectmen's approbation, 97 

Form N(J. 3. Form of a complaint in the name of the 
selectmen against a master for abuse, of his appren- ' 

tice, 97 

Form Noi 4. Form of the summons of a master to answer 
to the information, . . - , , . 99 
, Form No. 5. Form of the Officer's return j . -. 100 
Form No. 6. Form of a judgment discharging an ap- 
prentice, * ^ ....... 100 



CHAP. IX. 

OP THE LAWS MADE TO PREVENT THE SPREADING OF THE 

SMALL POX, - - - - - - 102 



CHAP. X, 

OF fHE LAWS RELATING TO POST GUIDES, 104 

CHAP. XI. 

OF THE LAWS REGIJLATING FENCES, 106 

Form No« 1* The form of ad agreement made by own- 
ers of adjoining lands to divide the fences, < 109 

Form No. 2* Form of ^ notice to be given to the par- 
ties by the fence-viewers before they proceed to 
make a division, 110 

Form No. 3. Form of a division of a fence by fence- 
viewers, . . . s . . . . Ill 

Form No. 4. Form of an application to fence-viewers 
to examine a fence which is out of repair, . 112 

Form No. 6. Form of a notire to the adverse party, 112 

Form No. 6* Form of an order of notice to be given to 
a party to repair his fence, 113 

Form No. 7. Form bf a notice to be given to a party of 
the time and place when and where the repairs of a 
fence are to be appraised, . . « 114 

Form No. 8. Form of an appraisement of the repairs 
made in a fence, ...... 115 

Form No. 9. Form of an application to the fence-view- 
ers to ascertain the value of a fence built by one 
party before the other party began to improve his 
adjoining land, . . * . . .115 

Form No. 10. Form of a notice to be given to the ad- 
■ verse party, 116 

FormNoill. Form of th^ appraUomenti '« • 116 



TABLE OF CONTENTS. vii 

CHAP. xn. 

OP THE LAWS REGULATING SWINE, 117 

Form No. I. Form of a notice to be posted when hogs 
are impounded, 120 

Form No. 2, Form of an application Co a justice of the 
peace for a warrant of appraisement, . . 120 

Form No. 3. Form of a warrant of apprais<ement, 121 

Form No. 4. Furm of the return of the appraisers, 122 

CHAP. XIII. 

OP THE LAW RELATIVE TO STRAY AND LOST GOODS, 123 

Form No. 1. Form of a notice to the town clerk of 
goods found, . 126 

Form No. 2. Form of a notice to be posted up when 
goods are found, . . . . . . 127 

Form No. 3. Form of an application to a jiistice of the 
peace for a warrant of appraisement, ' . . 127 

Form No. 4. Form of the warrant of appraisement, 128 

Form No. 5. Form of the return of the appraiser, 128 



CHAP. XIV. 

OP THfc LAWS REGUI^ATING POUNDS, '129 

Form No. 1. Form of a notice to be given to the owner 

of the creatures impounded, when known, . 134 
Form No. 2. Form of an application by a person im- 
pounding te a justice of the peace to appoint ap- 
praisers, '. ' 135 

Foim No. 3. Form of an order of notice, . . 136 

Form No. 4. Form of the warrant of appraisement, 136 
Form No. 5. Form of the return of the apprs^iser, 136 

Form No. 6. Form of an application by the owner of the; 

creatures impounded for a warrant of appraisement, 138 
Form No. 7. Form of a notice to be posted up in the town 
where the creatures are impounded, &c. when the 

owner is unknown, 138 

Form No. 8. Form of an application to a justice of the 

peace for an order of sale, .... 139 

Form No. 9. Form of the warrant to sell, . . 140 



CHAP. XV. 

OF THE LAWS RELATING TO THE SALE OF CORD WOOD, 141 



CHAP, XVI. 

10F THB LAWS REGULATING WEIGHTS AND MEASURES, 142 



viil TABLE OP CONTENTS. 

CHAP. XVII. 

OF LICENSED HOUSES, 146 

Form No. 1. Form of a license to keep tavern, 149 

Form No. 2. Form of a license to retail, . . 149 
Form No. 3. Form of a notice to taverners and retail- 
ers, forbidding them to sell spirits to certain persons 150 
Form No. 4. Form of a revocation of a license, . 150 



CHAP. XVIII. 

OF THE LAWS RELAtiNG TO PEDLARS, HAWKERS, AND 

^SH0W-!MEN, 151 

Form of a licenee, . . . . . 153 



CHAP. XIX. 

OF THE LAWS REGULATINO THE KEEPING, SELLING, 

AND THE TRANSPORTING, OF GUNPOWDER, 164 



CHAP. XX. 

OF THE LAWS RELATING TO SCHOOL DISTRICTS, 157 

Section 1. of the division of towns into school dis- 
tricts, 167 
Section 2. of the manner of calling meetings of 
SCHOOL districts, 157 
i^orm No. 1. Form of an application to selectmen to 

call a meeting in a school disti^ict, . • . 158 
Form No. 2. Form of a warrant to call a meeting of a 

school district, . . • . . . • 159 

Form No. 3. Form of the return of the warrant, 160 

Form No. 4. Form of the record of the doings of a 
meeting in a school district, ' . . . . 160 

Section 3. of the powe&s of school districts, and 
the method of assessing and collecting money 
voted to be raised b^ a school district, 161 

Section 4. of the duty of selectmen in relation 

TO RAldING money TO SUPPORT SCHOOLS, 165 

Section 5. of the qualifications of teachers, and 

THE visiting DF SCHOOLS, &a 166 

Form No. 1. Form of the dismission of a school master, 
who is found incapable, ..... 170 
. Form No. 2. Form of a certificate to be given by select- 
men as to the characters of instructors, k . • / 171 

Form No. 3.- Form of the certificate to be given by the 
superintending school committee, &c. as to the 
qualifications of instructors, - - . . 171 

Form No. 4. Form of a certificate to be given by the 
superintending school committee as to the qualifica- 
tions of a school mistress, . . . . 172 



TABJLS OF CONTENTS. IX 

CHAP. XXI. 

OF ACTIONS AND PROCESS IN FAVOR OF AND AGAINST 

T01VN8, 173 



CHAP. XXII. 

OF THE POWER OF TOWNS TO MAKE BY-LAWS. 176 

SXCTIOir I. TBB OEirBRAL POWER OF TOW K8 TO KAKX BT- 

LAW8» . 17S 

SjBOTIOV 2. THE POWER OP TOWNS TO MAKE BT-LAWS TO 

PRXYEKT HORtES, jfiCC. PROM OOUTO AT LARGE, 176 



CHAP. xxm. 

OF sTHE LAWS BF LATING TO WATCHMEN IN TOWNS, 178 



CHAP. XXIV. 

OF THE LAWS RELATING TO IDIOTS, LUNATICS, AND 

PERSONS DISTRACTED, 180 

i^orm No. 1. Form of a request by the overseers of the 
poor to a judge of probate to appoint a guardian to 
an idiot or distracted person, .... 182 

Form No. 2. Form of a complaint bj the selectmen to 
the judge of probate against a person who wastes 
his estate by excessive drinking, . . . 182 

Form No. 3. Ix>rm of a return of an inquisition by se- 
lectmen, . 183^ 



CHAP. XXV. 

OF THE DUTIES OF SELECTMEN WITH RESPECT TO THE 
RATIONS AND ARMS OF THE MILITIA IN CERTAIN 
CASES, 184 



CHAP. XXVI. 

, OF THE LAWS RELATING TO COMMON NUISANCES, ^185 



CHAP. XXVII. 

OF THE LAWS RELATING' TO PROFRIETART RECORDS, 188 



CHAP. XXVIII. 

OF THE LAWS RELATING TO THE EXTINGUISHMENT OF 

FIRES, • I - 190 



X TABLE OF CONTENTS. 

CHAP. XXIX. 

OF THE . CHOICE OF REPRESENTATIVES OF GLASSED 

TOWNS, ^^ 



CHAP. XXX. 

OF THIS LAWS RELATING TO THE MARKING OF SHBBF, 199 



CHAP. XXXI. 

STATUTES ALLOWING PREMIUMS FOR KILLING WOLVES, 

WILD CATS, BEARS AND CROWg, 300 

Form of a receipt to be given by selectmea for the head 
of a wolf, &c , . , 202 



CHAP. XXXII. 

OF THE MAINTENANCE OF PAUPERS, 203 

Section 1.. general rbmarks, SOS 

Section 2. of the purchase of lands bt towns and 
counties for the accommodation of the poor, and 
for houses of correction, and of the manage- 
MENT OF THE sAmIs, ' 205 

Section 3. of the punishment oe idle and disorderlt 

PERSONS, 

Form No. 1. Form of a complaint against a common 
drunkard, ' . 208 

Form No. 2. Form of a warrant upon the foregoipg 
complaint, . . .' . . . . 209 

^Form No. 3. Form of a judgment upon the foregoing 
complaint, 209 

Form No. 4. Form of a mittimus, . . . 210 

Form No. 5. Form of n complaint against a vagabond 
and idle person, . . ^ . . , . 211 

Section 4. of binding out poor persons and child- 

. REN, 212 

Form No. 1. Form of an indenture to bind to labor any 

idle person, . 213 

Form No. 2. Form of an indenture to bind out a poor 
- child, ...,,.,. ^ 214 

Section 5. of persons hayino no settlement in any 

TOWN IN this state, 216 

Section 6. of paupers having relations of si^fficient 

abiliott to maintain them, 216 

Section 7. of bringing poor persons into the state 
with intent to leave them, and of bringing and 

LEAVING IN ant COUNTY POOR PERSONS FROM ANOTHER 

county, 218 



w 



1 pp ■■J«^«Hpp«awv"v-'iir---*^paHpnMVWHF^«Hr^iV«^^^ii^"*^BP*aw«^mF 



fABLE OF CONTENTS. » 

SlOTlOVS. OF THX SUPPORT OF PAUPERS BT TOWHS^ ARD t>F 
THE MODE OF OBTAINIIfO .INDEMNITY WHEN THE PAtJFlRS 
HAVE RELATIONS WHO ARE BOUND TO KAIRTAIN THEM, OK 
HATE SETTLEMENTS IN OTHER TOWNS, 219 

Form of a notice to a to wo that a pauper has been 

maintained, 220 

Section 9. of the settlement of the poor, 831 

Section 10. of the anhual return of the »tatx of pau- 
perism IN towns, 233 



CHAP. XXXIII. 

OF THE ASSESSMENT AND COLLECTION OF TAXES, 234 

Section 1.' of the assessment of taxes, 234 

Form No. 1. Form of the certificate of the assessment 
of a st^te tax to be returned to the treasurer of the 

state, . * ^ 24^ 

Form No. 2. Form of the certificate of the assessment 
of town and school taxes to be delivered to the town 

treasurer, 244 

Section 2. of the list of assessments of taxes laid upon 
inhabitants and residents, akd of the warrant to 
collect the same, ' 244 

Form No. 1. Form of a list of assessments of taxes 

upon inhabitants and residents, . . . 244 

Form No; 2. Form of a warrant to collect taxes laid 
upon inhabitants and residents, • . . 245 

Section 3. of the list of assessments on the unimprot- 
ed lands of non-residents, and of the warrant to 
collect the same, ' « 247 

Form No. 1. Form of a list of assessments upon lands of 

non-residents, 248 

Form No. 2. Form of a warrant to collect taxes assessed 
upon unimproved lands t)f non-residents, - ' 248- 
Section 4. of the collection of taxes laid upon inhab- 
itants AND RESIDENTS, 249 

Forih>^o. 1. For;n of an advertisement of goods taken 
for taxes, . . . . . . . 254 

Form No. 2. Form of an account of sales, . . 26& 

Form No. 3. Form of the certificskte on the copy of the 
warrant to be left with , the keeper of the prison 
when a person is committed for taxes, . . 25S 

Form No. 4. Form of the advertisement, when the land 
of a person who has removed from a town witbouC 
paying* his taxes, is to be sold, v . . 257 

Form No. 5. Form of the collector's deed, . , 257 

Form No. 6. Form of a certificate that the notifications 
were posted up, ...... 258 

Section 5. of the collection of taxes laid upon the un- 
improved lands of non-residents, 259 

Form Not 1. Form of an advertisement^ . . 266 



• • 



XU TABLE OF CONTENTS. 

Ford No. 2. Form of an account of sales, . 267 

Section 6. of the collection of taxes upov xmprotsd 

LAHOf OF irON-RESIDENTS, 268 

SeCTIOV 7. OF THE PROCEEDINGS AOU5ST DEFICIENT COLLEC- 
TORS aND AGAINST SELECTMEN, &C. WHEN TAXES ARE NOT 
DULT PAID, 269 

Form No. 1. Form of a warrant agaiqst a coUoctor by 
the treasurer of the town, . ^ . . . 273 

Form, No. 2. Form of a warrant against a collector 
who is about to abscond, . • . • 274 



CHAP. XXXIV. 

OF LAYING OUT, WIDENING, STRAIGHTENING, REPAIRING 
AND DISCONTINUING HIGHWAYS, AND OF OTHER 
MATTERS RELATING TO ROADS, 277 

Section 1. of the powers and dutisi or selectmen in^ 

RELATION TO THE LAYING OUT, ABD TBS WIDENING AND 
STRAIGHTENING HIGHWATS. 377 

Form No. 1. Form of an application to selectmeti to 
lay out a highway for the accommodation of the pub- 
lic in general, 283 

Form No. Q, Form of an application to lay out a private 
way, . . . . . . . . £82 

Form No 3. Form of an' application to make existing ^ 
highways wider, 4rc. ...... 283 

Form No. 4. Form of an order of notice, • n 283 

Form No. 5. Affidavit of notice, , , . . ^ . 284 

Fprm No. 6. Form of the laying out of a highway for 
the accommodation of an individual, . • 284 

Form No. 7. Form of laying out a town way, . , 285 
. Form No. 8. Form of a record of alterations in a high- 
way, . 287 

Section 2. of mending and repairing highways, 288 

Form No. 1. Form of an appointment of a surveyor of 
highways by Selectmen to supply a vacancy, 290 

Fonn No. 2. Form of a warrant to be delivered to sur- 
veyors of highways, '. . . . . 291 
Section 3., of the liability of towns for damaoeb 

SONE BY MQANSOF THE INSUFFICIENCY OF ROAD8 AND 
BRIDGES, 293 

Section 4. of incumbr.\nces and encroachments 

UPON highways, 294 

Form No. 1. Form of a complaint of an incumbrance 

made by a surveyor of highways to a justice of the 

peace, . . • . . , . * . 29(5 

Form No. 2. Form of an order to shew ^ cause why an 

incumbrance should not be removed,) . • 297 
Form No. 3. Form of a warrant to remove an incum^ 
brance, . '. 298 



THE TOWN OFFICER. 



CHAPTER^. 

OF TOWK mSBTXfXOBm 

r 

Section 1. — Op the manner of calling town 

meetings. 

The statute of June S8, 1827, entitled an ^' act regu* 
lating towns and the choice of town officers,^' sections 2, 
^and 8y enacts, ^^ That when there shall he occasion for 
a town meeting, the selectmen shall make n warrant un* 
der their hands and «eal,directed to some constable in the 
same town, requiring him to notify the inhabitants of the 
town qualified by law to vote in town affairs, to meet at a 
place in said town, and at a certain hour therein men- 
tioned ; and the said selectmen shall in such warrant in- 
sert the intent and design of such meeting, and the sub- 
ject matter of all business, matters and things to be con- 
sidered and done at said meeting ; and nothing done at 
said meetings, holden by yirtue of said warrant, shall be 
considered as good andyalid in law, unless the subject 
matter thereof shall ' have been inserted as aforesaid. 
And the constable shall post up an attested copy of such 
warrant at the meeting house, or some public place in 
said town, fifteen days before the day of holding such 
meeting;, or give personal notice to the said inhabitants 
the like number of days before such meeting, except in 
cases where other and different notice may be by law 
prescribed and directed, or otherwise notify and summon 
the said inhabitants in such way and manner as they at a 
legal meeting shall direct ; smid the constable shall return 

2 



2 Town Meetings. Sect. I. 

such warrant at the place and at the time for holding 
such meeting, with bis doings therein, to the town clerk, . 
or in his absence, to one of the selectmen. Proroided^ 
nevertheleis^ That the selectmen of each town and place 
be, and thej hereby are, authorized and empowered to 
warn meetings in their respective towns, by posting up 
a copy of the warrant therein, in the same way and man- 
ner, and the same term of time before the meeting, as is 
herein before directed to be done by constables, and to 
make return of their doinn^^ and of the warrant at the 
time and place of meeting. And all matters and business 
done and transacted at a meeting thus warned, shall be 
good and valid as thou^ the same had been warned by 
a constable. And in case ten or more of the fireeholders 
In any town shall signify their desire in writing to the 
selectmen, to have any matter or thing inserted in a war- 
rant for calling a meeting, the selectmen are hereby re- 
quired to insert the same in the next warrant they shall 
issue for a meeting, or call a meeting for the express pur- 
pose of considering thereof, if the same shall be reques- 
ted. And in case the selectmen shall unreasonably neg^ 
lect to call a meeting, or to insert such article, the sixth 
part of the legal voters in any such town may apply to 
any justice of the peace within the same county, who is 
hereby authorized and empowered to issue his warrant, 
under his hand and seal, to any constable of the town, if 
any such there be, otherwise to any of the freeholders ap- 
plying, directing and requiring him to warn the inhabi- 
tants of such town, qualified to vote in town affairs, to as- 
semble and meet at such time and place in said town as 
the said justice shall order, and for the purposes in said 
warrant expressed, and the same notice shall be given, 
and return thereof made, as in other cases. And when, 
by reason of death or removal of selectmen, a major 
part of the number originally chosen shall not remain In 
office, in such case a major part of those who remain in 
office shall have power to call a meeting for the purpoise 
of filling up vacancies in the board of selectmen, and for 
all other lawful purposes. And if any constable shalf, in 
any of the particulars aforesaid, neglect his duty, he shall, 
for each offence, forfeit and pay the sum of tor^ dollars, 
one half to the use of the town, and the other half to the 



Sect. 1. Town Meetings, 3 

use of any inbabitaot.of the town who shall sae for the 
same/' 

^^That if any selectmen shall neglect to issue a warrant 
for the holding of meetings in dae coarse of law, for the 
choice of goTemor, counsellors, senators, representatives 
of towns, county register and county treasurer, town offi* 
cers^ electors of president and vice-president of the Uni- 
.ted States, and representatives in the congress of the Uni- 
ted States, they shall for each neglect forfeit the sum of 
fifty dollars, to the use of any persons who will sue for 
the same.'' 

^^That whenever it shall happen that the annual meet- 
ting of any town has not been duly holden, or in case 
any town shall never have had a legal meeting, then on 
the application of any ten freeholders of such town, made 
in writing to any justice of the peace, such justice shall 
call a meeting of the inhabitants of such town, by warrant 
under his hand and seal, directed to any of the freehold- 
ers of such town, in which warrant shall be expressed 
the design of such meeting* and the articles to be* acted 
upon ; and the same notice shall be given as in other ca- 
ses of warning town meetings, and the said justice shall 
preside in said meeting until a moderator be chosen." 

Under these provisions in the statute, town meetings 
may be called in two ways. The selectmen may issue a 
warrant directed to a constable and requiring him to ws^m 
the meeting ; or they may themselves post up a warrant 
for calling a meeting. 

FORM NO. L 

Form of a warrant for calUng a Toion Meeiingy token 

directed to a Congtabk* 

STATE OF NEW-HAMPSHIRE. 



To j9. p. one of the Constables of the town of Concord j 

S£AL 



{ 



-i in the county of Merrimack, 



> OREETIIVO. 

You are hereby required, in the name of the state of 
New^Hampshire^to notify and warn the inhabitants of 



4 Town Mtedngs* Sect. i. 

naid town of Goricord qualified by law to Tot^ in town 
affairs, to meet and assemble at the meeting house in 
said town on Tuesday, the eighth day of March next, 
at nine of the clock in the forenoon, to act upon the 
following subjects : 

1. To choose a moderator to preside in said meet- 
ing. 

S. To choose ,all necessary town officers for the 
year ensuing/ 

3. To bring in their rotes for governor, counsellor, 
senator, county ti*easurer, and register of deeds. 

4. To determine the number of representatives 
said town wiU choose the present year. 

5. To choose one or more representatives to repre- 
sent said town in the general court, to be holden at 
Concord on the* first Tuesday of June next. 

6. To raise such sums of money as may be neces- 
sary to defray town charges the ensuing year, and make 
appropriations of the same. 

Hereof fail not, and make return of this warrant, 
with your doings thereqyi, to the town clerk, at the 
time and place above mentioned. Given under our 
hands and seal this twenty-fir»t day of February, A. D. 
1835. CD.) Selectmen 

E. P. V of 
G. H. 1 Concord. 



FORM NO- 11. 

Form of the ConstabWs Hettam. 

Concord. March 8 J 1828. Pursusint to the within 
warrant, I have notified the inhabitants of the town of 
Concord qualified to vote in town affairs, to meet at 
the tifne and p)»ee within mentioned, hj posting ap an 
atteited copy of sncb wtrtant at the meetinghouse in 



Sect. 1. Town Meetings* {^ 

said Goncofd on the 20th February last, beios more 
than fifteen days before the ddte hereof. 

W. P. ConslcAk of Concord. 



FORM NO. III. - 

The selectmen should 'make a certificate upon the 
back of the warrant as follows : 

We the subscribers hereby certify, that on the tenth 
day of February, A.D. 1825, we posted up an alpha- 
betical list of all the inhabitants of said town of Con- 
cord qualified to vote in town affairs, at the inn of W. 
S. in said Concord, and left with the clerk of said town 
a like list. 

C. D. ) Sekctinen 
E. F. V of 
G. H. S Concord, 



FORM NO. IV. 

Form of a warrant for holding a town meeting when pos- 
ted up by the sekctmen. 

STATE OF NEW-HAMPSOIRE. 

To the inhtAUants of the town of Chester ^ in the county 
c "'"•'^ 1 of Rockingham^ in said state^ qualified to vote in 
I ^^ \ the choice of senators in the state UgiskUure. 

You are hereby notified and warned to meet at the 
east meeting house in said Chester, on Tuesday, the 
eighth day of March next, at nine of the clock in the 
forenoon,to act upon the following subjects : 

1. To choose a moderator to preside in said meet- 
ing. 

2. To choose all necessary town officers for the 
year ensuing. 

2* 



6 Town Meetings, Skxrt. 1. 

S. To bring in your votes for governor, counsellor, 
senator, county treasurer and register of deeds. 

4. To determine the number of representatives 
said town will choose the present year. 

5. To choose one or more representatives to rep- 
resent said town in the general court, to be holden at 
Concord on the first Tuesday of June next. 

6. To, &c. 

Given under our hands and seal, this tenth day of 
February, in the year of our Lord eighteen hundred 
and twenty-five. 

J. F. ) Selectmen 
J, C. [ of 
J. S. 1 Chester. 



FORM NO. V. 

Seketmm's cerHfiaUe of w^ce, ^c. 

Chester, March 8, 1826. 
We the subscribers hereby certify, that we gave no- 
tice to all the inhabitants of said town qualified to vote 
in the choice of senators in the state legislature, to 
meet at the time and place and for the purposes with- 
in mentioned^ by posting up an attested copy of thjs 
within warrant at the east meeting house, and a like 
copy at the west meeting house, in said town, on the 
tenth day of February last past. 

And we further certify, that on the same tenth day 
of February, we posted up an alphabetical list of all 
said inhabitants to the best of our knowledge at the 
inn of P. R. in said Chester, and left with the town 
clerk a like list. 

J. F. ) Sekctmen 
J. C. > of 
J. S. S Chuter. 



Sect. 1. Tofwn Meetings. 7 

FORM NO. VI. 

Form of an applic(Uion to the selectmen of a tovm to have 
any matter inserted in a warrant for calling a meeting. 

To the selectmen of the town of Concord. 

Gentlemen, — 
You are respectfully requested bj the undersign- 
ed, freeholders and inhabitants of the said town, to in- 
sert in the_ next warrant you may issue for calling a 
meeting in said town^ for the consideration of the legal 
voters, an article in substance as follows, viz. To see 
if the town will vote to discontinue the highway in 
said town, leading from to 

A. P. 
G. D. &c. 
Concord, May 1, 18S7. 



FORM NO. VII. 

Form oj an application to a justice of the peace to call a 
tovm meeting, when the selectmen of a tovm neglect or 
refuse to call a meeting or to insert a particular article 
in a warrant Jor calUng a meeting. 

To A. B. Esquircy one of the justices of the peace for the 
i 2^ > county of Merrimack. 

The undersigned, being one sixth part of the legal 
voters in the town of Concord, in said county, respect- 
fully shew, that, otk the first day of May last, A. C. 
W. M. &c. made application to the selectmen of said 
town, in writing, as follows : 

[/fere insert the application.'\ 

Tet the said selectmen have wholly neglected and re- 
fused to comply with the request in the said applica- 
tion contained. Wherefore the undersigned request 



8 * Town Meelii^S' Sgct. 1 . 

jrou, the said justice, to issue a warrant in due form 
of law, for the purpose of calling a meeting of the 
inhabitants of said town, to act upon the article con- 
tained in said application. 

M. A. 

C. W. &c. 



FORM NO. VIIL 

Form of ike toarrant to be issued By ajusHce of the peace 
for calling a tovon meetinsr^ upon an applicaiionj as m 
form JVb. ril. 

STATE OF NEW-HAMPSHIRE. 

To A. P, one of the constcAhs of the town of Concord^ 

in the county of Merrimack^ 



L. 8» 

GREETING. 



Whereas application has been made to me, the un- 
dersigned, one of the justices of the peace for said 
county of Merrimack, by one sixth part of the legal 
voters in said town, to call a meeting of the inhabit- 
ants of said town to act upon the article hereinafter 
mentioned ; and whereas it has been made to appear 
to me the said Justice, that the selectmen of said 
town, upon application to them duly made for the pur- 
pose, have neglected and refused to insert said article 
in the warrant for calling a meeting of said inhabitants 
by said selectmen, issued next nfter the said applica- 
tion to them. 

Therefore you are commanded and required, in the 
name of the State of New-Hampshire, to notify-and 
warn the inhabitants of said town qualified by law to 
vote in town affairs, to meet and assemble at the meet- 
ting house in said town, on the first day of August next, 
at one of the clock in the afternoon, to act upon the 
following subjects : 

1. To choose a moderator to preside at said meet* 
; inj. 



Sect. 1 . Town. Mittings. ' 9 

%. To see if the town mrill .yote to discontinue the 
highway m said town, leading from to 

Hereof fail not, and^naake returc of this warrant, 
with your doings thereon,to the clerk of said town,at 
the time and place above mentioned. 

Given under m]r hand and seal, this first day o Ju* 
ly, A. D. 1827. 

A. B. 

For the form of the constable's return to this warrant, 
see form No. 2, in this section. 



FORM NO. IX. 

Form of ati ojiplicotfon to a Justiu of the Peace to call a 
meeting in a town white there are no town, offiure* 

To ti. M. Esquirey one of the Justices of the Peace for 

the county of Rockingham. 

TsB Hndersigiied, freeholders of the town of H. in 
said county, respectfully shew, that there arer in said 
town of H. po town officers who are by lai^ authorized 
to call a meeting of the inhabitants of the same town, 
and that it is necessary that such officers should be 
immediately chosen, and other things should be done 
by the said town. 

Therefore the undersigned request you, the said 
Justice, to issue a warrant in due form of law, for the 
purpose of calling a meeting of the inhabitants of 
said town, to act upon the following subjects : 

1 . To choose a moderator to preside at said meet- 
ing. 

2. To choose all necessary town officers. 

3. To,&c. 

W. M. 
S. Y. 4;c. 



10 Town Meetmgi. Sbct. 1« 

FORM NO. X. 

Farm of a warrant to be isssued by a Justice of the Peace 
for caUing a tovm meeting upon an appticatian as in 
Form JVo. IX. 

STATE OF NEW-HAMPSHIRB. 

To ^, M. S. one of the freeholders of the town of H. m 

the county of Rockingham, 



\ 



SEAL 

GRBETING. 



Whereas application has been made in writing to 
me the undersigned, one of the Justices of the Peace 
for said county of Rockingham, by ten freeholders of 
said town of H. to call a meeting of the inhabitants 
of said town, to act upon the subjects hereinafter men- 
tioned : and whereas there are in said town no towo 
officers who are by law authorized to call a meeting 
of the inhabitants of said town, 

Therefore you are commanded and required, in the 
name of the state of New-Hampshire, to notify and 
warn the inhabitants of said town qualified by law to 
vote in town a£rairs,to meet and assemble at the meet- 
ing house, in said town, on the first day of August 
next, at one of the clock in the afternoon, to act up- 
on the following subjects : 

1. To choose a moderator to preside at said meet- 
ing. 

2. To choose all necessary town officers. 
S. To, &c. 



Hereof fail not, and make return of this warrant 
with yrur doings thereon at said meeting. 

Given under my band and seal, this first day of Ju- 
ly, A. D. 1827. 

A. M. 



Sect. 1 . Town Meeiingi. 1 1 

FORM NO. XL 

Farm of the freeholder's return upon a warrant lo cdU a 

fneettngm 

^— , August 1, 1827. Pursuant to the within war- 
rant, I have notified and warned the inhabitants of 
the town of H., qualified to vote in town affitira, to 
meet at the time and place within mentioned, by pos- 
ting up an attested copy of said warrant at the meet- 
ing house in said town, on the tenth day of July 
last, being more than fifteen days before the date 
hereof. 

A. M. S. 



SECTION 2. 
OF THE QUALIFICATIONS OF TOTERS. 

The constitution declares that ^^every male inhabitant 
of each town and parish with town privileges, and places 
tinincorporated in this state, of twenty-one years o^ age 
and upwards, excepting paupers and persons excused from 
paying taxes at their own request, shaii have a right, at 
the annual and other meetings of the iuhabitants of said 
towns and parishes, to be duly warned and holden annual- 
ly forever in the month of March, to yote in the town or 
parish wherein he dwells for the senator in the district 
whereof he is a member.^^ 

The constitution also declares that '* all persons quali- 
fied to TOte in the election of senator, shall be entitled 
to vote within the district where they dwell in the choice 
of representatives ;'*' and that the qualifications of elec- 
tors of the governor shall be the same as those for sena- 
tors/» 



12 Thwn Meetings* Sect, S. 

The constitution of the United-States declares, ^Hhat 
the hoase of representatives shall be composed of mem- 
bers chosen every second year by the people of the sev^* 
eral states, and the electors in each state shall have the 
qnalifications requisite for electors of the most numerous 
branch of the state legislature." 

The statute of Jane 19ytB2a, entitled ^^an act dtrectiii^ 
the mode of choosing and appointing electors of :pre«l- 
dent and vice^preside^^t of the United-States," providas, 
that the electors shall be chosen by the inhabitants of 
the town, qualified to vote for senators in the state i^SK 
lature. 

The statute of June 26^ 1827, section 1, enacts,^^ that 
every male inhabitant of each town in this state, an^ of 
each unincorporated place, whose inhabitants may be re- 
quired io assess taxes upon themselves for the support of 
government^ being a native or naturalized citizen of the 
United-States, of the age of twenty-one years and up- 
wards, excepting paupers and persons excused from pay- 
ing taxes at their own request, shall have a right, at the 
annual and other meetings of the inhabitants of said towns 
and places, to vote in the town or place in which he 
dwells and has his home." 

And the statute of June 28, 1827, section 2, enacts, 
'4hat every male inhabitant of each town, of the age of 
twenty one years, excepting paupers, and persons ex- 
cused from paying taxes at their own request, shall have 
a right to vote in the town where he lives, or of which 
be is an inhabitant, in any town meeting, in any matter 
that mav come before such town." 



Sect. 3. Town Metiings. 13 

SECTION 3. 
or THE CHOICE AND DUTIES OF M0PEBATOK8* 

Thestatate of June 28, 1827, section 6, eoacts, "that 
at everj town meeting a moderator shall he first chosen 
by ballot bj a majority of yotes, who shall then be em« 
powered to manage and regulate the business of the meet- 
ing ; and when any vote declared by the moderator^ which 
vote shall ha?e been tHken in any other way than by bal- 
lot, shall immediately and before any other business is 
commenced, be scrupled or questioned by seven or more 
of the voters present, the moderator shall make the vote 
certain by polling the voters. And no person shall speak 
in tlie meeting without leave of the moderator, nor when 
any person is orderly speaking, and all persons shall be 
silent at the desire of the moderator, on pain of forfeit- 
ing one dollar for the breach of every such order, to the 
use of the town ; and if any person, after being notified 
by the moderator of such offence, or being out of order^ 
shall persist in such disorderly conduct, or shall in any 
way disturb the meeting, the moderator is hereby author- 
ized and empowered to command any constable of said 
town to carry such disorderly person or persons out of 
the meeting, and detain liim or them until the business 
of the meeting is finished, and it shall be the duty of the 
constable to obey such order and command, and he is here- 
by authorized to command such assistance as may be 
necessary." 

Any person who is guilty of disorderly behavionr In 
a town meeting, is by the common law liable to be in- 
dicted and punished. — X^Mass. R. 385, Cotnmonwealth 
vs. Hoxt^. 

3 



14 Town Meetings. Sect. 4. 

SECTION 4. 

■ 

OF THE KANNER ' OF HOLDING TOWN J^EETtNOS FOR 
THE CHOICE OF TOWN, COUNTY, STATE, AND OTHER 
OFFICERS. 

The statute of June 26, 1827, entitled "an act mord 
effectually to secure to the citizens of this state thei^ 
rights of suffrage," section 2, enacts, " that the selectmen 
of the several towns and places aforesaid, shall lodge 
with the cleric of the town or place, and shall cause to be 
posted dp in some ptrhlic place or places in such towns or 
places respectively, fifteen days prior to any meeting for 
the choice of state and county officers, representatives in 
the congress of the United-States, or electors of president 
and vice-president of the United-States, an alphabetical list 
of all the legal voters in such town or places ; and it shall 
be the duty of the selectmen to place on said list the name 
of any legal voter which may have been omitted, on re- 
ceiving satisfactory evidence thereof ; and at every town 
meeting for the purposes aforesaid, the town clerk shall 
check on said list the name of each voter, and in case any 
person shall offer to vote, whose name is not on said list, 
the moderator, in presence of the selectmen, whose duty 
it shall be to attend, shall decide whether such person be 
a legal voter ; and if it be decided that such person is en- 
titled to vote at said meeting, his name shall be entered 
on said list, and checked in manner aforesaid ; and the se* 
lectmen and town clerk shall assist in sorting and coun> 
ting the ballots, but no other person shall in any wise in- 
terfere therewith. And it shall be the duty of the mod- 
erator to cause the avenues to and from the place of vo> 
ting to be kept clear, so that the legal voters may have 
free access thereto, and pass without interruption.^' 

^ ^^That the selectmen of the several towns and places, 
shall provide, at the expense of such towns and places, a 
suitable box or boxes to receive the ballots of the lega^ 
voters, on which ballots shall be written or printed the 
name or names of the person or persons voted for ; and 
the ballots shall be given in, in the manner following, 
that is to say, each voter shall deliver his ballot to the 
moderator in open meeting, and the moderator, on recciv- 



"^^^^^^''^mfmmmmmmmtfmmmmmmmm 



^ 



iDg the ballot, shall direct the town clerk to check the 
name of the Voter on the list to be provided as afo)r£:8aid, 
and the moderator shall, without inspecting the name m 
names of the person oj: persons voted for, examine the bal- 
lot so far as to determine whether the same contains more 
than one ticket ; and if it do not, he shall place it in the 
ballotUng box ; but if it does contain more than one tick- 
et, the moderator shall make it manifest to the meetings 
and reject the sanie.^ 

^ ^^That it shall be the d^ty of the moderator of any 
meeting holden for the purposes aforesaid, to declare in 
open meeting, at the close of the poll, the state of the 
vote or vote9 ; and no ballot shall be received and coun- 
ted after the state of the votes shall have been declared 
as aforesaid.^' 

^^ That during the day on which any meeting shall^be 
bolden for the purposes aforesaid, no inhabitant of any 
town or place, who is entitled to vote therein, shall be 
liable to arrest on any civil process whatever.'^ 

"That if any person or persons in any town in this state 
shall directly or indirectly give spirituous liquors to the 
voters of any such town on the day of election, or at any 
prior or subsequent period, and it shall be made to appear 
that the same was done with a view t<v influence the elec- 
tion, or as a treat for their suffirages, or the honors be* 
stowed on any candidate in the election, such person or 
persons shall forfeit the sum of forty dollars, to be recov- 
ered on indictment to the use of the county in wliich the 
offence may be committed.'' 

/ — * ^Tbat in baBotting at any meeting of any town or place 
^ for state and county officers, the moderator shall call for 
the ballots for governor, counsellor, senator, county treas* 
xirer and register of deeds, or so many of said officers as 
it may be necessary to vote fmr at said meeting, to be giv- 
en in on the same ticket with the respective offices desig- 
nated against the name of the person voted for ; and the 
same mode shall be observed in voting for representatives 
in the congress of the United States and electors of pres- 
ident and vice-president of the United States, as is by 
this act provided in voting for state and county officers : 
Provided^ howwer, that the votes for electors of president 
and vice-president shall be brought In on one ticket, and 



16 Town Mttiings* Sect. 4. 

those for representatiYes on another : Provided further^ 
that in voting for the aforesaid officers, no person shall 
/ be obliged to vote for every officer to be elected." 

^^ "That if any person at any meeting of any town or 
place in this slate, holden for the choice of any state or 
connty officers, representatives of towns in general courts 
representatives in the congress of the United States, or 
electors of president and vice-president of the Uinted 
States, or any other officer or officers usually chosen by 
ballot, shall give in nrore than one vote or list of officers 
then voted for at such meeting, he shall for each offence 
forfeit the snm of thirty dollars, to be recovered by ac- 
tion of debt, one half to the use of the town or place 
where the offence may be committed, and the other halt 
to the use of the person who may sue for the same.'^ 

^^Thatif any mode rator, selectman or selectmen, whose 
budness it is to preside at any such meeting within this 
Mate, shall knowingly and fraudulently receive and covnt 
any such vote so Illegally and fraudulently put in by any 
person for the<^oice of any town, county, state, or other 
officer or officers usually chosen by ballot, or shall fraud* 
ulently embezzle from or add a>ny vote to the number of 
votes legally given in such meeting for the choice of 
my officer usoaliy chosen by ballot, he shall forfeit the 
sum of kirty dollars for each and every vote so received 
and counted, emheazled, or added, to he recovered by an 
action of debt, one half to the «se of the town or place 
where the offence may be committed, and the other half 
to the use of the person who may sue for the sajae.'^ 

('That if any moderator, seleclBMB or selectmen, pre** 
siding at any meeting of any town mr place in this state, 
for the choice of any officer or officers usually chosen by 
ballot, shall receive and count ady vote given at said meet- 
ing by proxy, and withofut the persooal delivery of such 
vote by the person entitled to give the same, he or they 
shall forfeit the sum of twcmty dollars for each and every 
vote s<\ received and couoted, to be recovered by action 
of debt, one half to the use of the town or place where 
the offence may be conimitted, and the other half to the 
use of the penen who may sue A>r the same/' 

"That if any person shall give any false answe^r or 
false name to the officer ^pnssiding at su<ch meeting, while 



SecT. 4. Town MuHngs. 17 

receiving evidence of tiie qualificaticms of any person 
to vote at socli meetiosT) he diali forfeit tbe sdori of ten 
^liars for each and every offeDCOy to-be recovered by a<^ 
tioD of debt, one half to tbe use of the town or place 
where the offence may be coaunlUed^ and the other half 
to tbe nse of the person who may sue ior the saroe.'^ 

^^That the seiectmen fA any town or place in this state, 
who s^haH neglect or refnse to maice, post up and lodge 
with the clerlr ol such town or place, a list of the legal 
voters in said town or place, agreeably to the provieioot 
of thi« act, flhftH forfeit the sum of fifty dollars for eaob 
and every offence, to be recovered by an action of debt, 
one half to the use of the town or place where the offence 
may be comttiitted, and the other hall to the use of the 
person who may sue for tbe same.'^ 

^*That if the selectmen of any town or place shali^ at 
any time aflor tbe posting up of the list of voters in soch 
town or place, as is in this act directed, and before tlie 
meeting for tbe choice ef the officers aforesaid, on appli- 
cation for that purpose, and on receiving satisfactory evi* 
dence that any person whose name is on said list is not Ju« 
)j qualified to vote for s.nd officers, refuse to strike and 
erase from said list the name of any such person ; or if 
such selectmen shall refuse to he&raod examine any evi- 
dence fbat rorty he offered or produced before them with- 
in the time aforesaid, for thfc purpose of proving the 
wanft of qualifications in any person whose nrntto may be 
placed upon s:ifd list as aforesaid, they shall for each and 
every such offence, forfeit the snm of twenty dollars, te 
be recovered bv an action of debt, one half to the use of 
the town or place where (he offence may be committed, 
and the other half to the use of the person who may sue 
for the same.^' " 

^^That if the moderator of any meeting of any town or 
place for the purposes aforesaid, shall fraudulently re* 
ceive and count any vote or ballot given in by any person, 
kuowitfg such person not to be a legal voter in such town 
or place at the time ; or if the moderator of such meet- 
ing shall frandui^ntlj reject or refuse to receive and 
count the ballot given in by any person, knowing such per- 
son to be legally qualified to vot^ in snefa meeting, he 
shall for each and everv such offence forfeit tite sum 

3* 



18 Town Mming^, Sect. 4. 

of forty dollars, to be recovered by an action of debt, 
one half to the use of the town or place where the o^ 
fence may be committed, and the other half to the use 
of the person who may sue for the same/' 

"That if any person under the age of twenty-one year?, 
or any alien not naturalized, at any meeting in any town 
or place for the purposes aforesaid, shall give in any vote 
or ballot for any officer or list of officers then voted for 
at such reecting, he shall forfeit for each offence twenty 
dollars, to be recovered by an action of debt, one half 
to the use of the town or place where the offence may be 
committed, the other half to the use of the person who 
may sue for the same.^' 

"That all actions for the penalties and forfeitures in 
this act mentioned, shall be commenced within six months 
after the offence is committed, and not afterwards.'' 

"That it shall be the duty of the clerk of every town 
and place, at the opening of every meeting, when and 
where any of the foregoing officers are to be voted for, 
and befdre the business of such meeting is entered upon, 
to read this act, or cause it to be read, in said meeting." 

Form of the list of voters. 

An alphabetical list of all the persons in the town of 
Concord, in the county of Merrimack, qualified to 
vote in the choice of state and county officers, of rep- 
resentatives in congress and electors of President and 
Vice-President of the United States, made by the se- 
lectmen of said town of Concord on the 10th Febru- 
ary, 1828. 

A. B. 



C. 0. 



E. P. 
G. H. 

J. L. ) Selectmen 
K S. [ of 
M. M. 5 Concord. 

The list should be corrected, and the, date of it chan- 
ged every time it is necessary to post it up previously to 
a town meeting. 



Sect. 5. Tfwn Mteiings. }9 

SECTION 5. 

OP THE CHOICIS AND QUALIFICATIONS OP TOWN OFFI- 
CERS^ OF THEIR OATHS, AND THE DURATION OF 
THEIR OFFICES, &C. 

The Statute of Jane 28, 1827, entitled ^'an act regula- 
ting towns and the choice of town officers," section 7, 
enacts ^Hhat there shall he holden annually a meeting of 
the inhabitants of each town in this state, qualified to 
vote in town affairs, in their respective towns in the 
month of March, for the purpose of choosing town offi* 
ccrs. And said meeting may in any town be holden on 
the second Tuesday of March, any thing in the charter 
of said town, or in any law, usage or custom to the con- 
trary notwithstanding. And the said inhabitants of each 
town at such annual meeting, shall choose by ballot and 
by a major vote, a suitable person to be clerk of the 
town, whose duty it shall be truly to record all votes pas- 
sed by the town while be may remain in office, and to 
discharge ail the duties of the office according to law. 
And the said inhabitants of each town at such aunual 
meeting, shall cboose by ballot and by a major vote, 
three or more persons not exceeding nine, able and dis- 
creet, of good moral character, and freeholders residing 
in the town, to be selectmen, who shall have the order- 
ing and managing of all the prudential affairs of the town, 
and shall faithfully do, perform and execute all matters 
and things in the laws appointed by theih to be done and 
performed. And in all cases where any thing by law is 
enjoined to be done by the selectmen of any town or 
place, it shall be sufficient if done by the major part of 
such selectmen. And the selectmen of v any town may 
and shall discharge the duties of overseers of the poor 
and treasurer, where such officers shall not be particularly 
chosen. And any town may choose assessors by ballot, 
who shall have the qualifications of selectmen, and to- 
gether with the selectmen of such town, constitute a 
joint board for the assessment of taxes, and all questions 
arising at such board shall be decided by the major vote 
of the joint members thereof. And the said inhabitants 
of each town at such annual meeting shall choose, by a 



80 Town MeHitigs. Sect. 5. 

mnjoi vote, overseers of the poor, a treasurer, firewards, 
and a constable or constables, who shall be freeholders 
residing in the town ; ami also collectors of taxes, sur- 
veyors of highways, tythingoien, fence viewers, clerk of 
the market, sealers of leather, sealers of weights and 
measures, hogreeves, corders of wood, surveyors of lum- 
ber, culler of staves, hay wards or iield drivers, and every 
other officer which noay be directed by the law of this 
stale, and such other ofBcers as they may judge necessary 
for managing their affairs. And ail the said officers shall 
faithfully do, perform and execute all matters and things 
in the laws appointed by them to be done and performed. 
And the before named, and all other tow<< officers, known 
in law ns such, shall have un oath administered to thfin 
agreeably to the form prescribed, for the faithful discharge 
of the duties of their respective offices, by the town 
clerk, ooe of the selectmen, or a justice of the peace, 
who are hereby authorized to administer the same. And 
the town clerk shall make a record of the names of such 
perdous as shall be sworn into any town office. And such 
officers shall continue in office the space of one year, or 
until the next annual meeting for the choice of town of- 
ficers, and until others be chosen and sworn in their 
stead, except in cases where the law shall otherwise di- 
rect And the powers of all collectors of taxes and sur- 
veyors of highways shall continue until they shall have 
collected all the monies in their list contained, of the 
persons therein named ; or h tve caused the labour re- 
quired to be done in such surveyor's warrants to be done 
and performed. And the town clerk, or any two of the 
selectmen, shall fori h with, afllej the choice of such town 
officers, by writing under his or their hands, direct a con- 
stable of the town to notify the persons so chosen and 
named in such writing, to appear within six days from 
the day of such notice given, before the town clerk, or 
one of the selectmen , or a justice of the peace in the 
same county, and take the oath by law prescribed : and 
the constable shall, within four days after the receipt of 
such writing or precept, notify the persons therein named, 
agreeably to the tenor of said precept, which notice shall 
he personal, or left at the usual place of abode of the 
person so chosen ; or such persons may be notified to 
take the oath of office in open town meeting, by the 



Sect. 6* Ihvon Meetings. 21 

moderator, finy selectmaoy or the town clerk ; and sach 
persons, if present, shall immediately, in open meeting, 
declare their acceptance or refusal. And everj person 
not by law exempt from serving in such odice, who shall, 
after ;due notice given to him in open town meeting as 
aforesaid, neglect for the space of one hour to take the 
oath of office ; and every person who shall neglect^ for 
the space of nx days after he shall have received such 
other personal notice as aforesaid, or for the same space 
of time after the notice shall have been left at his place 
of abode as aforesaid, or for the space of six days after 
be shall have returned to his dwelling house, in case he 
shall be absent when the said notice may be left, to ap- 
pear and take such oath, and in case the same is taken 
before any person, other than the town clerk, to file a 
certificate of his having so taken it with the town clerk, 
shall forfeit the sum of four dollars, one half to the use of 
the town, and the other half to the use of the person 
who may sue for the same. Provided, this clause shall 
not be construed as applying to such officers for whose 
neglect in this respect a different penalty Is by law pro- 
vided. And every constable shall, within ten days after 
the receipt of such writing or precept, return the same 
with his doings therein to the town clerk for the time be- 
ing ; and every constable neglcctiog his duty in any uf 
the particulars aforesaid, shall forfeit and pay the sura of 
five dollars, one half to the use of the town, and (he oth-> 
er half to the use of him who may sue for the same. 
provided^ always^ that no person shall be obliged to serve 
in any office in any town two years successively, nor 
shall any person in any case be compelled to serve as a 
c^lliector of taxes.^' 

"That when there shall be a vacancy in any town of- 
fice, by reason of the death of any town officer, or by 
reason of the non-acceptance of any person chosen into 
any ofBce, or by reason of any person becoming noiz co/ai* 
pos mentis^ in the judgment of the town, or where thi^re 
shall be a vacancy in any other way, or when there shall 
be a want of any town officer, or officers, the said inhab- 
itants of such town, at any legal meeting, duly warned 
and holden in such town, or at the adjouf'nment of the 
annual meeting, may proceed to fill up such vacancies, 



^% Town Meetings. Sfx:T. 6. 

and choose such officer, or officers, as may be wanting ; 
and the officer, or officers, so chosen and sworn, shall-have 
the same power and authority as though chosen at the 
annual meeting for the choice of town officers. And in 
every such' case, the person filling such vacancy is au- 
thorized to take up the business appertaining to his office, 
where his immediate predecessor in office left it. and to 
proceed to the full execution and discharge of the same, 
as fully, to all intents and purposes, as the officer first cho- 
sen into said office that year, might or could have done. 
And all officers, chosen at said meetings, shall be liable 
to the same penalties and forfeitures tor not accepting, 
or not taking the oath of office, and for every neglect of 
duty in their respective offices, as though such officers 
were, or had been, chosen at the annual meeting for the 
choice of town officers." 

^^That in case any collector of taxes in any town in 
this state shall die, abscond, or become non compos tneti- 
iis^ before he shall have completed the collection of the 
several sums in his list contained, the inhabitants of any 
such town may, at any public meeting duly holden in such 
towDy choose a collector in his room, who shall have pow- 
er and authority to finish the collection of the sums in 
6uch list contained, in as ample manner as the collector, 
to whom such list was originally committed, could have 
done, and shall be liable for the taxes outstanding at the 
time he received the list, in the same manner as other 
collectors are by law answerable for the lists committed 
to them to collect." 

^^That if any town or place shall neglect or refuse to 
choose a collector, or collectors, or shall refuse to fill up 
a vacancy, in case the office be vacant, in either of the 
ways before mentioned, in every such case the selectmen 
of such town, or place, shall and may make such choice, 
or (ill up such vacancy, and the person so appointed by 
the selectmen, shall have all the power and authority to 
collect any state, county, or town taNes, and shall be li- 
able to the same pains and penalties and liabilities^ in 
case of neglect of duty, as collectors chosen by the in- 
habitants of any town, or place, by law are, or may be, 
liable. And the selectmen may allow such collector, by 
them so appointed in the case aforesaid, a reasonabJQ 



SfecT. 6. T&wn MceU^gf. S3 

sirai for his trouble^ and may charge the same to the 
town." 

<^That the inhabitants of any town may, at their anna-* 
al meeting, duly holden for the choice of town officers, 
by vote, authorize the selectmen of such town to ap- 
point a collector, or collectors of taxes for such towns, 
and the collectors, so appointed by the selectmen, shall 
baye the same pon ers, and be subject to the same liabil- 
ities, as they would have and be liable to, had they been 
chosen by the inhabitants of such town." 

^^That the selectmen, whenever they appoint a collec- 
tor, shall take bonds to their respective towns, with suf- 
ficient sureties for the faithful performance of bis duties, 
and shall also agree, in behalf of their towns, with such 
collector, on the rate, or amount of compensation to which 
he shall be entitled for his services^ which agreement 
shall be in writing, and signed by the selectmen and col- 
locutor." 

'^That all places unincorporated, which shall from time 
to time be ordered to pay any part of the public taxf s, 
shall be, and they hereby are, invested with all the pow- 
ers which towns in this state, by law have, so far as re- 
lates to the choice of assessors, selectmen, and collectors, 
and the persons chosen into said offices respectively, 
shall be liable to the same penalties, forfeitures and pro- 
cess, for not taking the oath of office, and for the neglect 
of duty, in any thing pertaining to their respective offices, 
as such officers in towns by law are ; and the inhabitants 
of such unincorporated places who may neglect or refuse 
to choose assessors, selectmen, and collectors, shall be li- 
able to the same process as the inhabitants of towns so 
refusing or neglecting ; and any justice of the peace, up- 
on the application of any five inhabitants, of any such 
place, shall warn a meeting for the choice of such offi- 
cers, in the manner he is authorized and required by law 
to do, on the application of the inhabitants of any town, 
on the neglect or refusal of selectmen ; and the assessors 
of such places shall have the same powersin this respect, 
and it shall be their duty to warn meetings in such places 
for the choice of the officers aforesaid." 

"That where any town or place, by law liable to pay 
public taxes, have refused or neglected, or shall refuse 



S4 Tinvn Mteiingi. Sect*. 6. 

or neglect to choose proper officers for aMessiiiff aed 
collecting taxes, according to law, the treasurer of the 
state, and th^ coonty treasarers respectively, are empow- 
ered and aathorized to issue their executions against the 
inhabitants of such towns or places, and the persons from 
whom such sums shall be levied, shall have contrlbntioo 
against the other inhabitants of such town or place, for 
snch sums so levied from thera as aforesaid, and all costs 
and damages by them sustained^ and shall recover double 
costs of suit.'* 

FORM NO. L 

Form of tlie oath to be administered to tovm officers as pre-- 

scribed by statute. 

You do solemnly swear, that you will failhfaily and 
impartially discharge and perform ail the duties in- 
cumbent on you as a according 

to the best of your abilities, agreeably to the rules 
and regulations of the constitution and laws of the 
state of New-Hampshire. 

So help you God. 



FORM NO. !!• 

Fomi of a warrant to be directed to a constable to notify 
town officers to takt the oath by law prescribed. 

STATE OF NEW*HAMPSBIRE. 

To A. P. one of the constables of the town of Concord^ 
in the county of Merrimack. 

GRECTINO. 

The following is a list of those persons, who were 
^ this day chosen into office at a meeting of the inhabi- 
'^ tants of said town, and of whom an oath is by law re- 
quired, viz* G. H. &c. 

And you are hereby required in the name of the 
State of New-Hampshire, within four days from the 



Sect. 5. Town Meetings. 25 

date hereof, to notify and summons each of the said 
persons to appear before the clerk of said town, with- 
in six days from the time of your giving notice, totake 
the oath by law prescribed to be taken by town offi* 
cers. 

Hereof fail not, and make return of this warrant, 
with your doings thereon, within ten days from the 
date hereof. 

Given under our hands, this eighth day of Mairch, 
1835. C. W. > Sekdmen of 

M. L. ) Concord, 



FORM NO. III. 

Form of the €on8tabk''s return* 

Concord^ March 16, 1825. Pursuant to the within 
warrant, I have notified and summoned A. P. by read- 
ing to htm this warrant, and I have notified and sum- 
moned C. D. by leaving at his last and usual place of 
abode an attested copy of this warrant, to appear be- 
fore the town clerk, and take the oaths of their re- 
spective ofiices as therein directed. 

W. S. Constable of Concord. 



FORM NO. IV. 

Pomi of an appointment of a collector by the selectmen. 
To *S. P. of Concord^ in the county of Merrimack^ 

GREBTmo. 

Whereas, the said town of Concord has neglected 
and refused to choose a collector for the year 18S8. 

OR 

Whereas, the said town of Concord has neglected 
and refused to choose a collector to supply the vacan- 
cy occasioned by the death of W. 8. one of the col- 
lectors of said town for the year 1828. 

4 



26 T&wn Meetings. Sect* 6* 

OR 

Whekeas, the inhabitants of said town of Concord, 
at their annual meeting, legally holden on the day of 
March, 1838, did, by vote, authorize the selectmen of 
the same town to appoint collectors of taxes for said 
year. 

The undersigned, selectmen of said town, reposing 
entire confidence in vour integrity and diligence, do 
appoint you the said A. P. a collector of taxes for said 
town, and you arc to execute all such powers, as by 
law appertain to the said office, for the year afore- 
said. 

Given under our hands this first day of April, A. D. 
1828. 

CM. 
L. O. 
W. C. 



FORM NO. V. 

J^orm of a bond to be given by collectors. 

Know all men by these presents, that we, A. P. of 
Concord, in the county of Merrimack, gentleman, as 
principal, and C. D. and E. F. cf the ^ame Concord, 
yeomen, as sureties, are held and firmly bound to said 
town of Concord, in the sura of two thousand dollars, 
to be paid to said town, to whieh payment well and 
truly to be made we bind ourselves and our heirsyfirm- 
ly by these presents. Sealed with our seals. 

Dated this first day of April, A. D. 1828. 

The condition of this obligation is such, that where- 
af9 tb«. above bounden A. P. has b een af^pointed. a ^ pl- 
lector of taxes for said town of Concord for tb« year 
1828. Now if the said A. P. sh^H well ajid faithful- 
ly perform all the dutieaof bis siud office, then this 



Sbct. o. Town Meaings. 27 

obligatioQ to be Toid, otherwise to remain in full force 

and virtue. 

A. B. & seal. 
C. D. &seal. 
E. F. &seal. 

Sig^aed, sealed atid delivered, 
in prese&oe of as, 

w. s, 
c. s. 



FORM NO. VI. 

Form of an agreement between telectmen and a collector 
of iaxes^ asio the compensation of the latter. 

MgmoiulNDUIc. It is agreed by and between A. B. 
<j. D. and E. F. selectineii of tbe temn of Conceal, 
in bebalf of «aid town on the one part, and E. H. a 
collector of taxes for tbe said towa for tiie year 181^ 
on tbe other part, that the said collector shall receive 
for his services, in c^^lleeting tbe taxes cemniitted to 
him for that purpose, as follows: 

In witness whereof we have hereunto set our hands, 
this twentieth day of March, A. D. 18)SS. 

A.B. 
CD. 
ifi* b • 

£. a. 



FORM NO. VII. 

Form of the record of the doings of a town 4a the annual 

meeting in March. 

At a legal town meeting, duly notified and holden at 
<k»ieord, in the eeitnty of Mervimacfc, en Tuesday tbe 
teigbth day tf March, in the year of oar Lord eigbleen 
4iufldh«d iad twienty'^five, the inhabitants «f said town 
of Conoord, having a ri^ to vote in any malter that 



28 . Toxam Meetings, Sect. 5. 

might come before the town by a major vote and by 
ballot— 

1. Chose A. B. moderator to preside in said meet- 
ing. 

2* Chose C. D. town clerk, who being present 
took the oath of office bj law prescribed. 

3. Chose E. F. 6. H. and J. K. selectmen, who 
being present severally took the oath of office by law- 
prescribed. 

And the following votes of the inhabitants of said 
town, present and qualified to vote for Senators, were 
given in for governor, for counsellor, and for senator, 
and were received in presence of the selectmen of 
said town, in open meeting, by the moderator thereof, 
who, in said meeting, in presence of ^aid selectmea 
and the clerk of said town, sorted and counted said 
votes, and made a public declaration thereof, with 
the name of every person voted for and the number 
of votes for each person, as follows : 

FOR GOVERNOR. 

ForA. B. ... - 200vote$. 
For CD.. - - - 60 votes. 
For E, F. - - - - 25 votes. 

FOR COUNSELLOR. 

ForM. M. - - - - 80 votes. 

For N. S 75 votes. 

For P. S. - - - - 2b votes. 

FOR SENATOR. 

PorW. W. - - - 200 votes. 

For M, M. • - - - to votes. 

And the votes of the inhabitants of said town, quat- 
i6ed to vote for senators, given in for a register of 
deeds and for a county treasurer, were received by 
the moderator in presence of the selectmen^ and w^re 



Sect. 5. Tovm Meetings. 29 

sorted and counted in presence of the selectmen and 
town clerk in open town meeting, and were as follows: 

For Regiakr of Detda^ 

S. W. had 218 votes. 
M.y. had SSYOtes. 

For County Treaswer. 

W. P. had 218 votes. 
C. H. had 48 votes. 

And the moderator in open meeting, in presence of 
the selectmen and town clerk, made a public declara- 
tion of the state of the votes, with the name of every 
person voted for and the number of votes each person 
bad,, as aforesaid. 

And an alphabetical list of all the inhabitants of 
said town qualified to vote in the election of senators, 
having been lodged with the clerk of said town, and 
posted up at the inn of P. R. in said Concord, fifteen 
days prior to said eighth day of March, and the name 
of each voter having been checked by the town clerk 
on said list during the ballotting, the votes of the in- 
habitants of said town qualified as aforesaid, for two 
representatives to represent said town in the general 
court of this state, were received by the moderator 
in presence of the selectmen, and weie by the same 
moderator in presence of the selectmen and town 
clerk sorted and counted, as follows ; 



A. B. 


had 


200. 


CD. 


had 


200. 


E.P. 


bad 


30. 


6.. H. 


bad 


30, 



And the said moderator in presence of the select- 
men and town clerk, in open meeting, made a public 
declaration of the stale of the votes, with the name 
of every person voted for, and the number of votes 
each person had, as aforesaid. And A. P. and G. D. 

having each a msjority of all the votes, were declared 

4* 



30 Town Meetings, Sect. 6. 

to be duly elected representatives of said town for 
the ensuing year. 

And the said inhabitants having a right to vote as 
aforesaid, 

4. Chose S. S. constable, who being present took 
the oath of office by law prescribed. 

5. Voted to raise the sum of one thousand dollars, 
to defray the necessary charges and expenses of the 
town the ensuing year. 

And the following votes of the inhabitants of said 
town, present and qualified to vote for senators in the 
state legislature, were given for six persons to repre- 
sent this state in the congress of the United-States, 
and were received in presence of the selectmen of 
said town in open town meeting by the moderator there- 
of, who, in said meeting, in presence of said select- 
men and the clerk of said town, sorted and counted 
said votes, and made a public declaration thereof, 
with the name of every person voted for and the num- 
ber of votes for each person, as follows : 

For A. B. 64. 
For CD. 31, &c. 

W. E. Town Ckrk. 



SECTION 6. 

OF THE ELECTION OF GOVERNOR, COUNSELLORS, SENA- 
TORS, AND REPRESENTATIVES. 

The coDStltation provides, that ^Hhe meetings for the 
choice of governor, council and senators, phall be warned 
by warrant from the selectmen, and governed by a mod- 
erator, who shall in presence of the selectmen, whose du- 
ty it shall be to attend, in open meeting, receive the votes 
of all the inhabitants of such towns and parishes, present 
and qualified to vote for senators, and shall in said meet- 
ings, in presence of the said selectmen and of the town 
clerk in said meetings, sort and count the said votes and 



Sect, 6. ^own Meeiings. 31 

make a public declaration thereof^ with tiie name of ev- 
ery person voted for/ and the number of votes for each 
person : and the town clerk shall make a fair record of 
the same at laf^e in the town book, and shall make out a 
fair attested copy thereof, to be by him sealed up and di- 
rected te I he secretary of state^ with a superscription ex- 
pressing the purport thereof.'' 

The statute of June 29, 1827^ enacts,^' That the meet- 
ings of the several towns and places in this state, for the 
election of governor, counsellors, senators, and represen- 
tatives/ shall be holden on the second Tuesday of March, 
annually, and at no other time. Provided^ nevertkeletSy 
that when two or more towns are classed for the choice 
of a representative, the election of such representative 
may take place on any day in March.-' 

^^That the meetings for the choice of representatives 
shall be warned by warrant from the selectmen, and gov- 
erned by a moderator, who shall in presence of the se- 
lectmen, whose duty it shall be to attend, in open meet- 
ing, receive the votes oi the inhabitants present, and 
qualified to vote for senators, and shall in said meetings, 
in presence of said selectmen, and of the town clerk, in 
said meeting, sort and count the votes, and make a public 
declaration thereof, with the name of every peison vo- 
ted for, and the number of votes for each person, and 
the person, or persons, having a roajorKy of all the votes,^ 
shall be declared to be the representative, or representa- 
tives, of the town for the ensuing year. And it shall be 
the duty of the several town clerks, in making out the 
certificates of the election of the representatives of their 
respective towns, to certify in such certificate, that the 
check list was posted up and used during the balloting oo 
which thoy were chosen, and also to certify the number 
of voters, which said list contained, as certified by th^ 
selectmen." 

(^That the number of ballots for governor, counsellor 
and senator, shall be returned and certified, to the office 
of the secretary of the state, on distinct and separate 
pieces of paper." 

For the form of the record of the votes, see Section 5, 
form No. Vli. in this chapter. 



32 Town Mteiings, Sect. 6, 

FORM NO. I. 

Form of a return of votes for Governor. 

At a leeal toivD meeting, duly notified and holden 
at CoRCora, in the ooanty of Merrimack, on the eighth 
day of March, in the year of our Lord eighteen hun- 
dred and twenty-five, the frilowing votes of the in* 
habitants of said town, present and qualified to vote 
for senator, were given in for governor, and were re- 
ceived in presence of the selectmen of said town, in 
open meeting, by the moderator thereof, who, in said 
meeting, in presence of the said selectmen and the 
clerk of sain town, sorted and counted said votes, and 
made a public declaration thereof, with the name of 
every person voted for, and the number of votes for 
each person, as follows : 

For A. B. - - . - 200 votes. 
For C. D, - - - - 60 votes- 
For E. F. - - - -25 votes. 

W. E. Town Clerk. 
A true copy of record. 

Attest, W. E. Town Ckrk. 

The return of votes for cooDsellors, and for senators, 
must be In the same form as the return of votes for gov- 
ernor. 

The return mnst be sealed up and directed to the sec- 
retary of the state, as follows : 

FORM NO. II. 
To tlie Secretary of the State of Jfew- Hampshire. 

A copy of the record of the votes given in the 
town of Concord for governor, March 8, 1828, 

The copy of the record thus sealed up and directed, 
must be delivered to the sheriff of the county thirty 
days, or to the secretary of the state, twenty days, be- 
fore the first Wednesday of June. 



Sect. 6. Town Meeting$, 3S 

The statate, entitled ^*an act for laying a fine on town 
clerks and sheriff neglecting to make seasonable returns 
of votes for governor, counsellors, and senators," enacts, 
^Hbat if the clerk of any town shall neglect to make re- 
tarn of the votes of such town agreeably to the constitu- 
tion, for all or any of the officers aforesaid, he shall, A>r 
each and every soch neglect, forfeit and pay a fine not ex- 
ceeding erne hundred doUan nor less than twenty dollan^ 
to be recovered by indictm^t, the one moiety thereof 
for the use of the prosecutor, and the other moiety there- 
of for the use of the town to which such delinquent clerk 
shall belong." 

'^That if any sheriff shall neglect to make return agree- 
ably to the constitution, of the votes of each anJ every 
town within his county, for all or any of the officers a- 
foresaid, that may seasonably come to his hands or custo- 
dy, he shall forfeit and pay a fine of one hundred dollars 
for each town so neglected to be returned, to be recover- 
ed by indictment, the one moiety thereof for the use of 
the prosecutor, and the other moiety thereof for the use 
of the county to which such delinquent sheriff shall be- 
long." 

^^That it shall be the duty of the secretary for the 
time being, in the month of June annually, to transmit to 
the attorney-general for the time being, a certificate by 
him signed, certifying what towns, (if any there be) 
from which he shall not have received within the time 
prescribed by the constitution, an attested copy of the 
votes for any or all of the officers aforesaid, which cer- 
tificate shall be considered as evidence of the return not 
being made to his office, and it shall be the duty of the 
attorney-generfil to prosecute all such delinquent sheriffs 
and clerks." 

^^That whenever any town clerk shall deliver or cause 
to be delivered in due season to the sheriff of the coun- 
ty to which he belongs, or to the secretary, a letter seal- 
ed and directed to the secretary, and by the superscrip- 
tion thereon, purporting to be votes for any of the offi- 
cers aforesaid, it shall be the duty of the sheriff or secre- 
tary, as the case may be, to g^ve a receipt to such town 
clerk, that he has received a paper purporting to be a 
certificate of votes for the officers aforesaid from such 



34 Town MwtiHge, Sect. 6. 

f&wn ; and in like manner, wiiener«r any siieriff sliall 
seasonablj detiir«r lo the secretary aay ktter directed 
and snpefflcribed as aforesaid, it slnill te tbe duty of the 
secretary to ^tfe a receipt to sacli sheriff tlierefor, if re- 
quested.'' 

FORM NO. III. 

Form of the ctrtifiiaie* to be gieen to repesentoltve^, of 

their election. 

At a legal town meeting, duly notified and holden at 
Concord, in the county of Merrimack, on the eighth 
day of March, in the year of our Lord eighteen hun- 
dred and twenty-five, an alphabetical list of all the in- 
liabitan^ts of said town, qualified to vote in the election 
of senators, having heen Jodged with the clerk of 
said town, and posted up at the inn of P. R. in said 
Concord, fifteen days prior to said eighth day of 
March, and the names of eaeh voter having been 
checked by the town clerk on said list durii^ the bal- 
lotting, and the number of voters having been as cer- 
tified by the selectmen four hundred, the votesof the 
inhabitants of daid town, qaatified as aforesaid, for two 
representatives to represent said town in the general 
court of said state, were received by the m<^erator 
In presence of the selectmen, and were by the same 
moderator in presence of the selectmen and town 
clerk^ sorted and counted, as follows : 

A. B. had 200 votes. 
C. D. had 200 votes. 
E.F. had 30 votes. 
6. H. had 30 votes. 

And the moderator aforesaid, in presence of the se- 
lectmen and town clerk, in open meeting, made a pub- 
lic declaration of the state of ^ the votes, with the 
name of every person voted for, and the number of 
votes each person had, as aforesaid* And A. B. uid 



SicT. 7. Town Me^ng§, 3£r 

C. D. baTiog each a majority of all the rotes, were 
declared to be duly elected representatives of said 
town for the ensuing year. 

W. E. Totm Ckrk. 

A true copy of record. 

Attest, W. E. Town Clerk. 



SECTION 7. 

OF THE ELECTIOIV OF REGISTERS OF DEEDS AND C0U5' 

TT TREASURERS. 

The statute of July 5, 1827, entitled "an act prescri- 
bing the duty and directing the mode of choosing regis- 
tec of deeds and county treasurer, and* providing for the 
payment of county expenses,'' enacts, '*That there shall 
be chosen annually on the second Tuesday of March in 
each county in this state by the written or printed votes 
of sucH inhabitants of the several towns in said counties 
respectively, as are by the constitution qualified to vote 
for senators, a register of deeds and a county treasurer. 
And the meetings of the said inhabitants for the purpose 
aforesaid shall be duly warned and holden in their re- 
spective towns, and be governed by a moderator, who 
shall in the presence of the selectmen, whoso duty it 
shall be to attend, in open meeting, receive the votes of 
all the inhabitants present, and qualified as aforesaid, and 
shall in presence of the selectmen and of the town clerk, 
in open meeting, sort and count the said votes and make 
a public declaration thereof, with the name of every 
person voted for, and the number of votes for each per- 
son, and the town clerk shall make a fair record of the 
same at large in the town book and shall make out a fair 
attested copy thereof, to be by him sealed up and direc- 



36 Town Meetings. Sect. 7. 

ted to the jaatices of the court of common pleas in the 
same coanty, with a sciperscriptioD expressing the pur- 
port thereof, and shall transmit the same to the said jus- 
tices on the first day of the sitting of said court at the 
stated term next after the month of March, in every 
year. And the votes being examined by said court, the 
person having the highest number of votes for either of 
' said offices, shall be declared duly elected, and shall con-- 
tinue in office one year from the time of declaring the 
election, and until some person be chosen and qualified 
to enter upon the duties of the office.^^ 

'^That if it shall so happen at any time, that livo or 
more persons of those having the highest number of 
votes for either of said offices, shall have an equal num- 
ber of votes, the said court of common pleas shall ap- 
point one of the persons so having an equal number of 
votes, who shall be declared duly elected.'^ 

"That no person shall be eligible to either of said of- 
fices, who shall not be, at the time of his election, a free- 
holder and resident in the county in which he is chosen ; 
and no person shall be considered as qualified to enter up- 
on the duties of either of said offices, until he shall have 
taken the oath by law prescribed for civil officers, and 
have given bond for the faithful discharge of the trust, 
with such sureties, and in such penal sum as the said 
court shall order : which sum shall, in no ca^e, be less 
than two thousand dollars, nor more than fifty thousand 
dollars." 

*'That the said court of common pleas shall have pow- 
er to remove from office any person holding either of 
said offices, for misconduct in the discharge of the duties 
thereof; an*! to declare said offices vacant, whenever the 
persons holding the same shall die, remove from the 
county, or become non compos meniii. And in ca«e the 
person chosen into either of said offices, in cither of 
the vvays before mentioned, shall decline to accept the 
office to which he may be elected, or shall be, at the 
time of declaring such choice, non compos mentis^ or shall, 
at said time, have removed from the county, or shall 
have died before said choice is declared, and also in case 
of the death, resignation, or removal from office, of any 
person holding either of said offices, the said court of 



■■ 



Sect. 7. Town Meetings. 37 

common pleas shall appoint some person to take the 
charge of the papers and books belonging to the office so 
vacant, and to' perform the duties of the same office un- 
til a register of deeds, or tieasurer, can be legally cho- 
sen by the people. And the person so appointed shall 
be a freeholder, and resident in the county, and shall, be- 
fore he begins the discharge of said duties, be sworn and 
give bonds in the same manner that registers of deeds 
and county treasnrers are herein before required to be 
sworn and to give bonds. And the persons so perform- 
ing the duties of either of said offices, shall be entitled 
to all the emoluments belonging to the same. And when- 
ever it may be necessary in the opinion of the chief, or 
tirst justice of said court of common pleas, to appoint a 
special session of the same court, for the purpose of ex- 
amining and determining the necessity of declaring ei- 
ther of said offices vacant in any county, the said chief, 
or first jastice, is hereby authorized to appoint such spe- 
cial session to be holden at some convenient place, either 
in the county where it may be deemed necessary to de- 
clare such vacancy to exist, or in any other county ; and 
any two or more of the justices of the said court, con- 
vened at such session, shall, in the cases aforesaid^ have 
authority to declare either of said offices vacant in any 
county, and to appoint some person, as aforesaid, to exe- 
cute the duties of the office as aforesaid." 

''That the bonds to be given by the register of deeds, 
or by the person appointed as aforesaid to perform the 
duties of the office, shall be given to the county by its 
corporate name, and shall be for the benefit of the per- 
son or persons injured by the misconduct of the register 
of deeds in his said office, or of the person performing 
the duties of said office as aforesaid ; and shall be put in 
suit by order of the court of common pleas, and execu- 
tion shall issue from time to time for all such sums as any 
person, or persons, shall have recovered judgment for 
against such register of deeds, or such person executing 
the duties of the office as aforesaid, and for which they 
shall not have otherwise obtained satisfaction. And the 
bonds given by the county treasurer, or the person ap- 
pointed as aforesaid to perform the duties of the office, 
jshal I be given to the county by its corporate name, and 

6 



3S Tovm Meetings. Sect. 7, 

shall be for the use of the county, aofl shall be put Id 
suit by order of the said court, and execution shall issue 
on any judgment obtained thereon for all such sums not 
exceeding the amount of such judgtuent as the treasurer 
shall be in arrear in his account with the county, and the 
suit shall be commenced in an adjacent county. And the 
bonds given by the register of deeds, or by the person 
appointed as aforesaid to perform the dirties of the office ; 
and the bonds given by the county treasurer, or by the 
person appointed as aforesaid to do the duties of the of- 
fice of county treasurer, shall be lodged with the clerk 
of said court." 

^*That no clerk of any court in this state shall, at the 
same time, be register of deeds and county treasurer, 
nor shall any person be, at the same time, register of 
deeds and county treasurer." 

^^That it shall.be the duty of the register of deeds to 
keep bis office open daily, in the same county, Sundays 
excepted, and to keep the books, records, files and pa- 
pers to the said office belonging^ and for the fees by law 
established, to record all deeds and instruments in said of- 
fice to be recorded, that shall be brought to him for that 
purpose ; and every deed received and filed by the regis- 
ter of deeds, shall be recorded by him, and he shall not 
suffer the same to be taken out of the office until the same 
be recorded." 

'^That the<register of deeds in the several counties be 
directed and required to keep a general index referring to 
deeds. The index shall contain two lists, one to consist 
of all the names of the grantors to the grantees, the oth- 
er to consist of all the names of the grantees from the 
grantors. And as often- as any deeds are recorded, and 
at the time of recording the same, the names of the gran- 
tors and grantees shall be added to said lists as aforesaid. 
And any recorder of deeds, wlw shall neglect to comply 
with these directions, shall forfeit, for each and every 
neglect, the sum of twenty dollars, to be recovere d by an 
aciioB of debt, in the name of the treasurer of th e coun- 
ty, for thp. use of the county." 

^^That it shall be the duty of the county treasurer to 
collect and receive all monies- belonging and coming to 



Sect. 7. Town Meetings. 59 

the county, and to improve and employ the same for the 
defraying of couDty charges, Id the manner by law pre- 
scribed. And the said coutity treasurer shall render a 
true account to said court of common pleas, whenever 
thereto required, of all sums by him as count} treasurer 
received and paid. And the said county treasurer shall 
issue his warrants to the selectmen of the several towns 
and places in his county, liable by law to pay slate taxes, 
requiring them to assess and cause to be collected their 
just proportion of all such sums as shall be legally voted, 
granted and agreed to be raised as a tax upon the same 
county. And in making said proportion, the saitl treasur- 
er shall be governed by the existing laws establishing 
the proportion of public taxes among the several towns 
and places in this state. And the said treasurer may en- 
force the collection and payment of said several sums in 
tlie same manner as the state treasurer may and can by 
law enforce the collection and. payment of outstanding 
state taxes. And the said court of common pleas shall 
make the said county treasurer such allowance tor his ser- 
vices in said office, as to said court shall seem reasona- 
ble." 

''That the order of the superior court of judicature, 
or of thie 6ourt of common pleas respectively, shall be a 
sufficient voucher for the paymeut, out of the county 
treasury, of the travel and attendance of the grand ju- 
rors, at the superior court, for the travel and attendance 
of the petit jurors, at either of said courts, with the fees 
for venires, and the fees of the clerks for examining and 
certifying the same, and for the payment of all other 
sums necessary for the discharge of the claims of witness- 
es attending said courts, on behalf of the' state, for their 
travel and attendance, of the high sheriff and oth^r offi- 
cers, for their attendance and services, and of all other 
charges and expenses incident to the sittings of said 
courts respectively, and to the due administration of jus- 
tice in the same. And for the payment from the county 
treasury of all other county charges, except in cases 
where the law may • otherwise direct, the order of the 
court of common pleas shall be a sufficient voucher." 

<^That the several county treasurers shall, in the month 
of December, fmnually, make out and certify to thejudg- 



40 ' Tovon Meetings. Sect. 7. 

es of the CQurt of common pleas, at their next stated 
term, in the counties respectively, a particular statement 
of the state of the treasury, and the said judges shall de- 
termine what monies are in their opinion necessary to 
be raised in the county for the' year ensuing, stating* in 
general the purposes for which such monies are, or prob- 
ably will be, needed. And the clerks of the several 
courts of common pleas shall attend on the second Wednes- 
day of the session of the general court, in the month of 
June following, and lay the same, with a particular state- 
ment of the expenditures and appropriation of the pre- 
ceding year, before the representatives of the county 
then assembled, who are hereby authorized and empow- 
ered, at such session of the general court, to form them- 
selves into a convention for the sole purpose of granting 
and appropriating taxes for their county ; and they may, 
at such convention, choose a chairman, who is authorized 
to swear the clerk of the court attending, or in case of 
his necessary absence, appoint and swear some other per- 
son as clerk, who shall keep a true record of all matters 
and things done in such convention, and the taxes which 
shall be voted by such convention, or a major part there- 
of attending, shall be held good and valid in law, and may 
be assessed and collected by the county treasurers in the 
manner herein before prescribed. And the said judges 
of the court of common pleas shall from time to time 
make orders on the treasurers of the respective counties 
for paying out such moneys, agreeably to appropriations 
made by such conventions, where appropriations are by 
them made, and for other necessary county charges, when 
an overplus is granted for contingencies, and the several 
treasurers are hereby authorized to pay out moneys ac- 
cordingly." 

^'That the several county treasurers be, and hereby 
are, directed and required to make out and deliver to the 
clerks of the court of common pleas in their respective 
counties, on or before the first day of June, annually, a 
statement of their accounts as treasurers as aforesaid, for 
the year ending at the time of the then last annual set- 
tlement of said accounts, in which statement shall be spe- 
cified the amount of moneys paid out of the treasury for 
that year, and the purposes for which such payments 



Sect. 7. Town MeeiingM. 41 

were made, and when payments have been made for the 
support of county paupers, the sum paid to each tawn ; 
also all moneys received into the treasury, from whom 
received, and for what purpose ; and the said clerk of 
the court of common pleas shall cause the same to he de- 
livered te the secretary of the state, or left at his office, 
on or before the second Wednesday of June, annually, 
which statement shall he published by the respective 
clerks in such newspaper as the court of common pleas 
shall direct." 

"That whenever the justices of the court of common 
pleas shall conceive that any lands, belonging to any coun- 
ty, ought to be sold for the bene6l of such county, said 
justices are hereby empowered to authorize and direct 
the treasurer of said county to make, execute, and deliv- 
er to any purchaser, or purchasers of such lands, a good 
valid conveyance thereof, and to receive of such purcha- 
ser, or purchasers, the consideration money directed by 
said justices to be named in such deed of conveyance, and 
said treasurer is hereby authorized to execute such deed, 
and to receive said money, and is directed to deposit the 
same in the treasury of said county, to be appropriated 
in the manner by law authorized in other cases." 

''That if any town clerk shall neglect or refuse ^^ 
make return of votes for register of deeds and counly 
treasurer, as by this act he is directed to do, he shall for- 
feit and pay for every such neglect, or refusal, a sum 
not exceeding fifty dollars, nor less than twenty dollars, 
for the use of the county. And the clerks of the court 
of common pleas^ as soon as may be, after the return 
day of said votes, in their respective counties, shall give 
information to the attorney general of all such neglects 
and refusals, that such offending town clerks may be pros- 
ecuted by information, indictment or otherwise, in 
any court proper to try the same. Provided^ that all 
prosecutions for penalties Incurred by such neglect or re- 
fusal, shall be commenced within six months from the re- 
turn day of said votes as* aforesaid." 

5* 



42 Tovm Meetingi. Sect. 7. 

FORM NO. I. 



», 



Farm of the return of the votes for register of deeds and 

county treasurer. 

At a legal town meeting, duly notified and bolden at 
Concord) in the county of Merrimack, on the eighth 
day of March, in the year of our Lord eighteen hun- 
dred and twenty-five, the following votes of the in- 
habitants of said town, present and qualified to vote 
for senators, were given in for register of deeds and 
for county treasurer, and were received in presence 
of the selectmen of said town, in open meeting, by 
the moderator thereof, "who iii said meeting, in pres- 
ence of the selectmen and town clerk, sorted and 
counted said votes, and made a public declaration 
thereof, with the names of every person voted for, 
and the number of votes for each person, as follows : 

For register of deeds* 

A. B. had 200 votes. 
CD. had 30 votes. 

For county treasurer. 

M. M. had 200 votes. 
S. S. had SO votes. 

W. E. Toum Clerk. 
A true copy of record. 

Attest, W. E. Town Clerk. 

The copy of the record must be sealed up and .direct- 
ed tolhe justicigs of the court of common pleas. 

FORM NO. II. 

Form of the directiotis to the.court of common pleas. 

To the honorabh the justices of the court of common 
pleas for the county of Memmack. 

The votes of the town of Concord for register of 
deeds and county treasurer for the year 1825. 



Sect. 8. Town Meetmgs. 43 

SECTION 8. 

OF THE ELECTION OF ELECTORS OF PRESIDENT ANp 
VICE-PRESICENT OF THE UNITED STATES. 

"The Statute of June 14, 1828, entitled '*an act direct- 
ing the mode of choosing and appointing electors of 
president and vice-president of the United States,^' enacts, 
^Hhat the inhabitants of the several towns and places in 
this state qualified to vote for senators in the state legis- 
lature, shall assemble in their respective towns and pla- 
ces on the first Monday of November next, and on the 
first Monday in the month of November in every fourth 
year thereafter, to vote for a number of persons equal to 
the whole number of the senators and representatives, at 
the respective periods aforesaid, from this state in the 
congress of the United States, to be electors of President 
iaod Vice President ot the United States ; and his excel* 
lency the governor for the time being shall seasonably is- 
sue precepts to the seventl towns and places, within this 
'state, directiijg them to notify and hold meetings as afore- 
said ; and the selectmen of such towns and places shall 
give "fifteen days notice of the time, place, and purpose 
of such meetings ; and the moderators of their respective 
meetings, with the selectmen of their respective towns 
and places^ whose duty it shall be to attend, shall receive 
from all the inhabitants of such towns and places, respect- 
ively, present and qualified as aforesaid, votes for elect- 
ors of President and Vice President, each voter giving in 
on one ballot the names of all the persons he votes for, 
aud shall in open town meeting, in their respective 
towns, sort and count the same ,* and the clerk o{ each 
town and place shall make a fair record, in the presence 
of the selectmen, of the name of every person voted for, 
and the number of votes for each person, and shall make 
out a full and fair copy of such record, and attest the 
same, which copy, so made out and attested, he shall seal 
up, direct to the secretary of the state with a superscrip- 
tion expressing the purport thereof, and transmit to the 
sherlfi of the county in which he resides, within seven 
days next after said meeting, or to the said Secretary's of- 
fice, on or before the last Wednesday but one In said 



44 Town Meetings. Sect. 8. 

months of November, resipectively. And the several sher- 
iffs in this state shall, on or before the said Wednesday, 
transmit to the secretary's office all certificates of votes, 
that shall be transmitted to them respectively as afore- 
said. And the respective clerks and sheriffs shall be lia- 
ble to the same penalties for the neglect of the duties en- 
joined on them respectively by this act, as they are liable 
to by law for omissions in transmitting votes for gover- 
nor and senators/' 

"That the secretary of the state shall, on the day fol- 
lowing the last Wednesday but one in the month of No- 
vember aforesaid, respectively, lay the votes, certified and 
transmitted to him as aforesaid, before the senate ^nd 
house of representatives in convention, to be by them ex- 
amined and counted. And if any one or more persons 
shall appear to have a majority of votes, he or they shall 
be declared electors, provided that not more than the re- 
quisite number shall have such majority, and in case more 
than the requisite number shall have such majority, then 
the requisite number of persons having the highest num- 
ber of votes shall be declared electors. But in case the 
state of the votes will not admit of the designation of 
the requisite number of persons having a majority of 
votes, by the highest number of votes, and in case no per- 
son have a majority of votes ; and also in case the requi- 
site number of persons have not a majority of votes, then, 
and in all such cases, the senate and house of represen* 
tatives, in convention, shall forthwith elect by ballot, so 
many persons, one at a time, as shall be necessary to com- 
plete the requisite number." 

*'That his excellency the governor for the time being, 
shall cause the several persons who may be chosen elect- 
ors, to be seasonably notified of their appointment, and 
request' their attendance at the state house in Concord, on 
the Tuesday next preceding the first Wednesday of De- 
cember next, and on the Tuesday next preceding the 
first Wednesday of December in every fourth year there- 
after, at ten of the clock in the forenoon." 

'^Thdt the electors, chosen as aforesaid, shall meet at 
the state house in Concord, on said Tuesday, and by 
twelve o'clock, at mid day of said day, give notice to the 



Sect. 8. Ihwn Meetings, 46 

legislature, of the Dumber of electors present, who ac- 
cept the said appoiatment. And if from such notice it 
«hall appear that the requisite number of electors is not 
then present, or do not accept said appointment, the sen- 
ate and house of representatives shall immediately meet 
in convention and by joint ballot elect the number want- 
ing to complete the board. And if any person or persons 
chosen on said Tuesday, shall not then attend and accept 
said trust, the convention shall immediately choose one or 
more persons to supply such vacancy.'' 

^'That the electors chosen and appointed as aforesaid,* 
shall give their votes for President and Vice President of 
the United States, at Concord, on the first Wednesday in 
the respective months of December aforesaid, and shall 
proceed to perform all the duties incumbent on them as 
electors, in mapner prescribed by law." 

FORM NO. I. 

Form of the record oj the proceedings. 

At a legal meeting of the inhabitants of the town of 
Chester, in the county of Rockingham, qualified to vote 
in the choice of senators to the state legislature, hold- 
en in said town on the first day of November, in the 
year of our Lord eighteen hundred and twenty-four, for 
the purpose of giving in their votes for eight persons 
to be electors of president and vice president of the 
United States — 

J. ?• was chosen moderator, to preside at said meet- 
ing. 

And the votes given in for eight persons to be elect- 
ors as afofesaid, by the inhabitants of said town qual- 
ified as aforesaid, were received and sorted, and coun- 
ted in open town meeting by the said moderator, with 
the selectmen of said tov^n, and were as follows : 

For J. P. - . - - - 64 votes. 

For A. P. - - - - 54 votes. 

For W. F. - . - - 54 votes. 

For H. B. - - - - 49 votes. 



46 Town Meetings, « Sect. 8« 

For VT. B. - - f - 64 votes. . 

For S. Q. - - - - 54 votes. 

For C. K. - - - - 54 votes. 

PorM. W. ... - 61 votes. 

For N. P. - - - - 2 votes. 

ForP.<:. - - - - 1 vote. 

And the name of each voter, when he gave in his 
vote, was checked upon the list of voters by the clerk 
of said town, and the moderator aforesaid declared in 
t)pen town meeting, at the close of the poll, the state 
of the votes as aforesaid, and this record, made in 
presence of Xhe selectmen of said town, contains the 
name of every person voted for,, and the number of 
votes given for each personagainst his name. 

Attest, W^ E. Town Ckrk. 

A full and fair copy of the record of the proceedings 
must be made and attested by the town clerk. 

FORM NO. II. 

Form of the attestation at the botto^n of the copy. 

A full copy of the record. 

Attest, W.E. TownCkrk. 

The copy thus attested must be sealed up and be direc- 
ted to the secretary of state. 

FORM NO. III. 

Form of the superscription. 

To the secretary of the state of JVew Hampshire. 

A copy of the record of the votes given in the town 
of Chester,' for electors of President and Vice Pres- 
ident of the United States, ^fovember 1, 1824. 

The copy of the record thus attested, sealed up an^ 
directed, must be traosniitted to the secretary of state, as 
directed in the statute quoted in the first part of this sec- 
tion. 



Sect. 9. Toram Meetings. 47 

SECTION 9. 

OP THE ELECTION OP REPRESENTATIVES IN THE CON- 
GRESS OP THE UNITED STATES* 

The Statute of July 6, 1826, entitled "an act to pre^ 
scribe the mode of election of representatives for this 
state in the congress of the United State?," enacts, 
" That the inhabitants of the several towns and places 
within this state, qualified to vote in the choice of senators 
for the state legislature, shall assemble in their respective 
towns or places on the second Tuesday of March, in the 
year of our Lord one thousand eight hundred and twen- 
ty seven, and on the second Tuesday of March, in ev- 
ery second year thereafter, to vote by ballot for six 
persons, or as many persons as the state of New-Hamp- 
shire may be entitled to, duly qualified to represent this 
state in the Congress of the United States, for the term of 
two years, from and after the third day of the same month , 
of March. And the manner of calling and governing said 
meetings in the several towns and places, and of receiving, 
sorting, counting and declaring the votes for representa- 
tives in congress, shall be the same as is by law prescribed, 
in relation to votes for state officers ; and a full and fair 
copy of the record of all the votes shall be made out and 
certified by the clerks of such towns and places respective- 
ly, and scaled up and directed to the secretary of state,' 
with a superscription expressing the purport thereof; 
and^the said clerks shall cause such certified copy to be 
delivered to the sheriff of the county, in which said towns 
or places shall be, thirty days at least before the first 
Wednesday of June following, or to the secretary of the 
state, at least twenty days before the said first Wednesday 
of June ; and the sherifi' of each county, or his deputy, 
shall deliver all such certificates by him received, into the 
secretary's office, at least twenty days before the«aid first 
Wednesday of June. And the secretary shall, as scon as 
may be, lay the said returift before the governor and 
council^ to be by them examined. And in case there shall 
appear to be any or the full number elected by a majority 
of votes, the person or persons thus chosen shall be de- 
clared duly elected; and the governor shall forthwith trans- 



48 I'own MeeHngs, Sect. 9. 

mit to the person or persons so chosen a certificate of 
such choice, signed bj the governor and countersigned bj 
the secretary." 

^^ That in case there shall not be any or the whole nam- 
ber elected, the governor, with advice of council, shall 
cause precepts to be issued to the selectmen of the sev- 
eral towns and places within this state, directing and re- 
quiring said selectmen to notify and warn the inhabitants 
of their respective towns and places, qualified as afore- 
said, to assemble at the time prescribed in such precepts, 
to give their votes for one or more persons, or so many 
persons, as there may be vacancies to be filled, for a rep- 
resentative or representatives in the congress of the Uni- 
ted States as aforesaid. And the said meetings shall be 
called and governed in the manner herein before pre- 
scribed ; and the inhabitants assembled at said meetings,, 
qualified as aforesaid may give in their votes for any 
person or persons so qualified to represent this.stjite 
in the congress of the United States. And the votes for 
such representatives shall be received, sorted, counted, 
declared and certified in the manner prescribed in the 
preceding section of this act. And the several clerks 
aforesaid, shall transmit the same to the sheriff of the 
county in which their respective towns are situated, with- 
in ten days after the time of holding said meetings, or 
shall transmit the same to the secret&ry^s office, within 
fifteen days aflter the time of holding such meetings'; 
and the several isherifis shall, i\ithin twenty days aAer 
the time of holding such meetings, transmit to the sec- 
retary's office all returns that shall, in manner aforesaid, 
have been delivered to them ; and the secretary shall, as 
soon as may be, lay the said returns before the governor 
and council, to be by them examined. And in case of 
an election of one or all the candidates to- fill such vacan- 
cies by a majority of the votes returned from the sever- 
al towns and places, the person or pet^ons thus chosen 
shall be declared duly elected ; and the g<^vernor shall 
forthwith transmit to the pefson or persons k) chosen a 
certificate of such choice, signed by the governor and 
countersigned by the secretary." 

" That in case so many persons as may be necessary 
shall not bjc elected on said second ballottiog by a majority 



SKCTid. Taion Meefingt. 49 

of the votM retanied from the several towos and places in 
thiff state, the forernor, with advice of the coaocil, shall 
fiHTihwith G«i»8 pfecepli to be issaed as aforesaid, direct- 
ing meetinips of the taiilabilants of Ihe •sereral towns and 
places within this state to be called at the tine prescribed 
in sach precepts, and Hie same proceedings shall be had 
as are prescribed in the second section oi this act, and in 
case it shall happen^ that at snch ballotting so many persons 
as are necessary shall nvt be ^elected, the governor, with 
advice of eooncil, shall again cause precepts to be issaed 
as srfbresaid, mid dM same proceedings shall be had as be- 
fore prescribed in this sectiiftDy until so many persons as 
are necessary shall hare a majority of rotes. And a certi- 
ficate of the election of the person or persons so chosen 
fl-hall feethwith be transmitted to him or them as afore- 
sakl.'' 

*^1S}lmt whenev^er aajr vaeaacy or vacancies shall happen 
ift the TepresentalloB of this state, in the congress of the 
UaHad Slates, the govemer, with advice of cotmcil, shall 
canse ^precepts lo be issued to the selectmen of the sever- 
al towns watd places within this state, directing and requir- 
ing them to notify and warn the inhabitants of such 
towns and places, duly qualified as aforesaid, to assemble 
on the day in such precepts mentioned, to give in their 
votes for representative or representatives lo supply 
swch Tacanqy or vacancies ; and the same proceedings 
ahall be had thereon as are directed in the third section 
of this act. And in case no person or persons shall be 
chosen to fill such vacancy or vacancies on the fi i-st ballot- 
ting, by a majority of the votes-retumed, precepts shall 
be forthwith issued as aforesaid to sup|>ly such vacancy, 
and the same proceedings shall be had as are herein be- 
fore prescribed ; and the person or persons having a ma- 
jority ef votes on the second, or the highest number on 
any af^er ballotting, shall be declared duly elected, and a 
certificate of the election of the person or persons cho- 
sen to supply such vacancy or vacancies shall forthwith be 
transmitted to him. Frovidea however^ that in case the 
precepts so issued shall in any case direct the meeting to 
supply such vacancy, to be held on the second Tuesday 
of JMarch in any year, the votes so given in at such 
meeting may be returned and counted at the times speci- 
fied in the first section of this act/' 



60 Town Mutingi. Sicr. 9. 

^^That the several town clerks and sheri£b shall be lis* 
ble to the same penalties for neglect of the daties enjoined 
on them respectively by this act, as they are by law liable 
to for neglect in retaming the votes g^ven for govemer, 
counsellors and senators.*' 

For tho Form of the record of the votes, see section 
5, Form No. Vll. in this chapter. 

FORM NO. I. 

Farm of a return of votes for rq^rmmkttkes in the etn" 

gress of the United States* 

At a legal town meeting, duly notified and holdenat 
Concord, in the county of Merrimack, en the eighth 
day of March, in the year of our Lord eij^teen nu- 
dred and twenty-five, the following votes of the inhab- 
itants of said town, present and qualified to vote far 
senators, were given in for six persons to repreteet 
this state in the congress of the United States, and 
were received in presence of the selectmen of said 
town, in open meeting, by the moderator thereof, who 
in said meeting, in presence of the selectmen and 
town clerk, sorted and counted said votes, and made a 
public declaration thereof, with the name of everv 
person voted for, and the number of votes for each 
person, as follows : 

For A. B. - - - - 64 votes. 
For CD.- - - - 81 votes, &c. 

W. E. Town Cferfe. 

A true copy of record. 

W. E. Totm Ckrk. 



FORM NO. II. 

JPorm of the superscription upon the copy of the record. 

To the secretary of the state of ^ sis' Hampshire. 

A copy of the record of the votes given in the town 
of Concord, for representatives in the congress of the 
United States, March 8, 1825. 



(51 ) 



CHAPTER II. 
07 TBS PBA'wnr eog asLAxm awd bbvxt 

JTOOB0. 

The statute of July 4, 1827, entitled ^' an act regnlat- 
ing the selection and services of grand and petit jurors,'' 
enacts, ^^ that from and after the passing of this act, it 
shall be the dntj of the selectmen of each town, and each 
place having the privileges and powers of a town, to 
make a list annually in the month of December, of such 
persons, being inhabitants of their respective towns, of 
good moral character, and having a freehold of the value of 
one hundred and fifty dollars, or other estate of the value 
of two hundred dollars, as they shall judge most suitable, 
and best qualified to serve as jurors, excepting the gov- 
ernor, the judges and clerks of the common law courts, 
the secretary and treasurer of the state^udges and regis- 
ters of probate, registers of deeds, sherim and their depu- 
ties, counsellors and attorneys at law, ordained ministers, 
and practising physicians and surgeons. Provided however^ 
that said list shall in no case contain the names of more 
than twelve persons in towns containing less than one 
hundred and fifty ratable polls ; ttventy in all other towns 
containing less than three hundred ; twenty-five in all 
other towns containing less than four hundred ; thirty in 
all other towns containing less than twelve hundred ; and 
forty in all other towns, containing more than twelve hun- 
dred ratable polls ; and said list shall contain as nearly as 
Oiay be the above numbers. And the list thus aanuaHy 
made by the selectmen, shall be by them kept and deliv- 
ered over to their successors in office. And the select- 
men shall write the names oi the persons on said list upon 
separate pieces of paper, and put them into a box, to be 
provided by said selectmen for that purpose ; which box 
shall be delivered to the clerk of the town or place^ to be 
by him kept under lock.'^ 



52 Grand and Petit Jurors, 

"That the vemire fcxias for jarbrs shall be issaed b}* the 
clerks of the superior court of judicature, and of the 
court of common pleas, fortj days at least before the day 
of the sitting of the court to which it is returnable ; and 
shall be directed to the clerk of the town or place, re- 
quiring him to cause to many persons to be selected and 
returned, of those duly qualified within the town or place 
of which he is clerk, as shall be mentioned in the venire ; 
and the clerks of the respective courts shall deliver the 
venires for the selection of jurors to the town clerks to 
whom tbey may be directed, at least twenty -five days be* 
fore the sitting of the court, to which they may be return- 
able^ or to the sheriff of the county, at least forty days 
before the sitting of the same court And the sheriff 
shall cause all venires which may be seasonably delivered 
to him, to be delivered to the town clerks respectively^ 
at least twenty-five days before the sitting of the court 
to which they may be returnable. And if any clerk or 
sheriff^hall make default herein, he shall be fined by the 
court, where the same default shall be made, for eaeh of^ 
fence in a sum not exceeding twenty dollars. And the 
town clerk upon receiving the venire, shall by warrant 
under his owb hand, notify in the usual form and manner, 
the inhabitants of the town qualified to vote in towa af- 
fairs, and particularly the selectmen, whose duty it shall 
be to attend, to assemble and be present at the selection 
of the number of jurors mentioned in the venire ; which 
meeting shall be held not more than twenty nor less than 
six days before the sitting of the court to which the venire 
shall be returnable." 

"That for the more orderly proceeding at such meeting, 
the qualified voters in town afi^irs who shall be present, 
shall choose a suitable person to be moderator of the 
meeting. And until a moderator shall be chosen, the 
town clerk, whose duty it shall be to attend the meetings 
or in case o£ his absence, one of the selectmen shall gov- 
ern the meetiog. And that a selection of jurors may be 
fairly and impartially mode, the towa clerk, or in case of 
his absence, one of the selectmen shall carry into the said 
meeting the said box locked, which shall be there unlock- 
ed, and the pieces of paper containing the names as a&re* 
said, mixed by the town clerk or one of the selectm^^u ; 



Grand and Petti Juron* 63 

and the moderator of the meeting shall draw from thehox, 
which shall he held at the time hy the town clerk, (m* one 
of the selectmen, in such manner, that the pieces of pa- 
per containing the names as aforesaid cannot be seen by 
the moderator, so many pieces of paper as there shall be 
persons required hy the yenires. And the persons, whose 
names shall be upon the pieces of paper thus drawn, shall 
be retamed to serve as jurors. And the town clerk shall 
make a record of the doings of the said meeting, tr hich 
dhal) state the time of holding it, the name of the mod* 
erator, and the name or names of the person or persons 
drawn to serve as jurors as aforesaid. And the persons, 
whose names may be thus drawn, shall not have their 
names again in said box, at any time within two years 
from the time when they may be so drawn as aforesaid.'* 

^' That previoQsly to the carrying of the said box into 
any meeting as aforesaid, the selectmen shall inspect the 
list of persons whose names nrein the box, and if any per- 
son or persons, whose name or names may be upon said 
list, and may have been put into the box as aforesaid, 
shall have deceased, have removed from the town, or be- 
come in any way disqualified, unable or unfit to serve as a 
juror, the name or names of such person or persons shall 
be withdrawn from the box, and the names of other per- 
sons, duly qualified, substituted.*" 

^^ That the town clerk shall send a notice in writing by 
the hand of the constable, or deliver the same to the per- 
son or persons selected as aforesaid ; which notice ^aii 
be delivered to them respectively, or left at their respoc* 
tive places of abode at least four days before the sitting 
of the court, at which they are to serve ; and shall state 
the time when their names were drawn, the court at 
which they are to attend, and the day and hour wh^n they 
are to appear. And the town clerk shall certify to th^ 
clerk of the court from which the venire issued on the 
back thereof, the names of the persons selected to serv^ 
as aforesaid, and that they have been notified as aforesaid, 
and shall cause the venire to be returned to the clerk ot* 
the court, at or before the hour when the jurors tpay have 
been notified to attend as aforesaid.^' 

^*That if any person selected and notified as aforesaidf 
to attend as afoeeaaid» shall unnecessarily and without ivffi- 

6* 



54 Grand and Petit Jurort* ' 

cieQt caafie, aeglect to aft^d agreeably to the notice gir- 
en to him, he shall be fioed by the court, by whose order 
the venire issued, in a earn not exceeding twjpnty dollars.'* 

^' That if any town clerk, having received such precept 
from the clerk of either of the courts aforesaid, shall 
neglect to warn a meeting of the inhabitants of his town, 
qualified as aforesaid, or shall neglect to notify and sum- 
mon the petsons selected as jurors as aforesaid, or shall 
not make due return of the precept to him directed with 
his doings thereon^ he shall pay such fine as the court, by 
whose order the venire issued, in their discretion may 
impose, not exceeding twenty dollars. And if the select- 
men of any town shall wilfully neglect to make a list as 
aforesaid, or to put the names of the persons upon the list 
into the box as aforesaid, or shall neglect to regulate the 
box as aforesaid, previously to its being carried into any 
meeting, or shall put upon the list a greater nnmber of 
names than is by law allowed, or shall put into the box the 
name of any person not duly qualified, or shall put upoa 
the list the name of any person at his own request, or 
at the request of any other person, or shall withdraw irom 
the box within the year, the name of any person who 
shall have been legally put upon the list, without sufficient 
cause, or shall be guilty of any fraud br collusion with 
respect to the drawing of the jorors to serve as aforesaid, 
every 8electman,so offending, shall forfeit the stun of fiAy 
dollars for each offence, to be recovered by indictment, 
for the nse of the town where the offence shall be com- 
mitted. And if any moderator of any meeting, held for 
the purpose aforesaid, shall at such meeting draw Irom 
the box a greater number of names than the anmber 
mentioned in the venire, or shall be guilty of any fraud 
or colifision in drawing the same, or shall retqm to the 
box any name duly drawn, and draw another in lieu of it, 
every moderator so offending, shall forfeit for each and 
every such offence the sum of fifty dollars, to be recover- 
ed by indictment, for the use of the town where the of* 
fence shall be committed.'^ 

<' That if a sufficient number of grand jurors do not 
appear, the court may order the sheriff to return grand 
jurors of such persons present as occasion shall require 
and the court shall judge necessary, provided the number 



Chrand and Petit Jurors. 65 

wanted do not exceed five ; and tbe sheriff is hereby 
ordered aod directed to do the same accordioglj.^' 

^' That tile justices of the respective courts aforesaid, 
are hereby directed, upon motion from either party, in 
the caase to be tried, to pat a juror to answer upon oath, 
(whether returned as aforesaid, or as talisman,) whether 
he expects to gain or lose by the issue of the cause thes 
pending ? whether he is in any way related to either par- 
ty ? and whether be has been of counsel to either party, 
or directly or indirectly given his opinion, or is sensible 
of any prejudice in the cause ? And if it shall appear to 
the court that such juror does not stand indifferent in said 
cause, he shall be set aside from the trial of that cause, 
and another appointed in his stead. And the sheriff and 
coroner respectively are hereby authorised to fill up a 
jury by returning talismen, as the case may require.'' 

^^ That upon any emergency, a sufficient number of ju- 
rors may he appointed and sucnmoned while «aid courts 
respectively are sitting. And tbe venire ahall be issued 
to the clerk of tbe town er place immediately, and the 
names drawn according as this act directs. And in such 
cases the clerk of the town or place shall warn a meeting 
forthwith, and tbe number of jurors required in the venire 
shall be immediately drawn as aforesaid, and notified to 
attend the service of the court from whence the venire 
issued, wMeh shall be returned as soon as may be. And 
the jurors so appointed and notified shall immediately 
attend accordingly, on the pains and penalties aforesaid, 
in case of neglect se to de. Aod the town clerks shall be 
paid for the services, enjoined them by this act, what is 
reasonable, by the towns and places in which they serve 
yearljr." 

^* That the number of jurors to be summoned at each 
term, and the towns to which the venires shall be direct- 
ed for that purpose, shall be regulated by the said courta 
respectively. Provided^ that each town in tlie respective 
counties shall be required, in the course of each year, to 
furnish its due proportion of jurors. And each talisman 
shall be allowed the sum of one dollar and twenty-five 
cents fcr each day's attendance.'' 



56 Grand and Peiii Jurors. 

FORM NO. I. 

T%e farm of a wairrafUfor a muting i» a tatmfor the . 
purpose of drawing jurors. 

STATE OF NEW-HAMPSHIRE. 

To the inhabitants of the t6um of Chester, in the c9un* 
5 '^^^ > ty of Rockingham, qttedijied to vote m town af" 
1 1^ I fairs, and particularly the selectmen of said town. 

You are hereby notified auid waiMd te meet at the 
east meeting house, in said town, oo Monday, the fifth 
day of September next, at two of the clods in the af- 
ternoon, for the following purposes : 

1. To choose a moderator to preside at said meet- 
ing- 

2. To he present while a grand juror and two petit 
jurors are drawn, to serve at the superior court of 
judicature, to beholden at Exeter, on the third Tues- 
day of September next. 

Given under my hand and seal, this nineteenth day 
of August, in the year of our Lord eigbteen hundred 
and twenty-five* 

W. E. Toumekrk. 



FORM NO. II. 

Form of the town cUrVs return upon the warrant. 

Chester, September 5, 18S5. I have notified and 
warned the mhabitants of Chester, qualified as within 
mentioned, to meet at the time and place within men- 
tioned, by posting up an attested copy of this warrant 
at the east meeting house,in said Chester, on the twen- 
tieth day of August last, being fifteen days before the 
date hereof. 

W. E. Town Clerk. 



Grand and PetU Juiort. ^ i7. 

FORM NO. III. 

Form of the record of the drawing ofjwrors* 

At a legal meeting of the inhabitants of Chester, 
qualified to vote in town affairs, duly notified and hoi- 
den on the fifth day of September, A. D. 1835, J. P. 
was chosen osoderator to preside at said meeting, and 
the following persons were drawn to serve as jwrors at 
the superior court of judicatare, to be holden at Exeter 
Ob tibe third Tuesday of September, A. D. 1896, viz: 

A» P. as grand juror. 

C. D. aa petit juror, for t)ie first week of the term. 

E. F. as petit juror, for the second week of the 
term. 

Attest, W. E. Toton Ckrk. 

A copy of the record of the drawing should be made 
upon the back of the venire, with a certificate uader it, 
as follows : 

A true copy of record. 
Attest, W. E. Town Ckrk. 

The town clerk should also certify on the back of the 
venire, that the persons drawn have been notified. 



FORM NO. IV. 

Form of the certificate. 

I CERTiFT, that the above named A. P. C. D. and 
£. F. have been duly notified that they have been 
drawn as aforesaid. 

W. E. Town Ckrk. 



SB Grand and Petit Jurors,, 

FORM NO. V. 

Form of (he noike to be delivered to the jurors drawn. 

To E. F. of ChesUr. 

You are hereby notified that on the fifth day of Sep- 
tember instant, you were drami^as a petit juror to serre 
the second week of the term of the superior court 
of judicature, to be holden at Exeter, in this county, 
on the third Tuesday of September instant, and you 
are to appear at said court on Monday, the 26th day 
of ^aid September, at nine o'clock in the forenoon. 

W. E. Towh Clerk. 

Chester, September 6, 1825. 



(69) 



CHAPTER in. 
oar Tata :pAaAMaTFx.ATzov or uonss hxB'^ 

The 8taliit# of Jone 26, 1 827, eetltled ^*aa act to regit* 
late the perambalatioii of the lined between towns,^' en- 
acts, '^ that the Hnea between the towns in this state shall 
be perainbiilated and the marks and bounds renewed once 
in every se?en years forever by the selectmen of each 
town, or by such person or persons as they shall in writing 
fippoint for that purpose ; and their proceedings shall be 
recorded in the respective town books ; and the select- 
men of that town, which hat been longest organized or 
incorporated, shall give notice in writtngunto the select- 
men of the towns adjoining, which have nM been so long 
oiganized or incorporated, of the time and place of meet- 
ing for such perambulation, ten days before the * day oi 
meeting ; and where two towns were incorporated on 
the same day, that which is the highest in the proportion 
of public taxes, shall be considered as the senior . town ; 
and if the selectmen, whose duty it is to give such notice, 
shall neglect to notify in the manner and season by this act 
required, they shall forfeit the sum of twenty dollars, to 
be recovered by the selectmen of any junior town adjoin- 
ing, who are entitled to such notice, by action of debt in 
any court competent to try the same, one half to the use 
of the selectmen who sue for the same, and the other half 
to the use of the town, to which the selectmen sueing for 
the same belong, to be commenced in one year after such 
forfeiture shall have been incurred and not afterwards. 
And in case the selectmen, whose duty it is, shall give 
such notice as by law they ought to give, but shall neglect 
to attend at the time and place, agreeably to the notifica- 
tion, they shall, for every such neglie^st, forfeit the sum of 
twenty dollars, to be recovered and disposed of in the 
same manner as the forfeiture above mentioned, and shall 



*0 Peramhtlatim t>J Linet. 

be progecuted in the tine therein Umited and net afier- 
wards And in case the wlectmen of the Juni *r tM^ 
«fter being duly noUfied to attend soeh perSlatk^' 

shall forfeit the suni of twenty dollars, to be recorered 
b/the selectmen of the aeniw town so notifyi^Tn ^v 
conr proper to try the same, and to be apprSJriated ^ 
ha f o the selectmen sueing for the sameVand the other 
half to the nse of the senior town : Prated, the actJOT 

^»^„ ^ uu "^«/*«'*- And in defanlt of soch prosT 

co^prf i^'-"!^*^*'' "^y •»*"♦''« "••'1 forfeitures may be °. 
cof ered by indictment, in the superior coortof jndicatore, 

IftU .hi"; °/.!''* *=T.^' ^^ ^»«^ *''»»*» two iearTnext 
after the forfeiture shall hare been incurred." 

wnicn towns M tfaie state by law liave, so far aa relatMt* 
the choice of aseewoM, seiectaan indoSfcL!!? .5 

tSeof ri?r'?w^* i""^ **»*'»' '^ *• -^le'toS 
loereoi ebali be entHled to ooiioe a€cordina>lv AnJ ^k^ 

am'bSn jfL" r''*' ^«'f 'f*" "f different towns, in per- 
ambulating the lines of their seroral towns. diwirreVin 

?oTnr['fe'l"/S"'''"«^ •''^ boundaries auK^Ts^h 

for that Durnosf ^ ! .f. * ^^i^orized, on petition to them 
and renew th*h„i*"'^ '*'"' «"♦"'''"•' such disputed line, 

of anv annK^oH . .L * *",'*'" interested to be noUfied 
tthXp^SLed "« kI k". ^"^ *" P"'P«»«' before any 

to «xa'n^nrrafdrp„'reJHne?e£r^^^^ V'^'^ 

by a commiffBo h.;ii: '. *""®'^ ^y themselves, or 

san>e for^e and etct L ,^S "k '''^",! ""^ "''''" ''« "^'^^ 
«f theselectmenof , aid town,.' "'' """ "" "«"*"""* 






■^ 



feramiuliaiton af L%nt$» $1 

*^ That when said dlspoted lines are between towns in 
liferent coanties, application nhall be made to the court 
in the county in which the senior town is sit^iated. And 
In all cases said court m^y order either or both towns to 
pay the costs of the application, examination, and judg* 
ment, as they may deem justv*' 

Some of the proceedings under thrs 'statute, resemble 
•the proceedings under the old writ* de perambulatione/aT 
uenda^ which may be found in Fitz- Herbert's natura bretii" 
«m, 309. That writ was issued with the assent of both 
parties, incases where there %vere doubts as to the houn-> 
daries of lands, or ol towns, and was directed to the sher- 
iff, commanding him to make perambulation, and to set 
the boundsiand limits between them in certainty.. The 
sheriff went in his town person, taking with him twelve 
discreet and Inwful knights, aud made a return under his 
seal and the seals of four lawful knights, who were pres^ 
ent at the perambulation, by what metes and divisions 
that perambulation was made. 

In modem times, the court of Chancery, in England, 
has exercised a jurisdiction upon this subject, the nature 
of which may be understood, by consulting the following 
cases: Speer vt. Crawter, (17 Vesey^^^ 16, and 2 Meri" 
vaie. 4105) The Dake of Leeds vs. the Earl of Strafford, 
(4 Fcfcy, 181 ;) and Miller w. Warrington, (1 Jacob and 
Walker^ 464.) The Attorney-General v^. FjiUerton, (2 Fs* 
sey 4" B%ame*s R. 263t) 

The first statute we had on the subject of perambula- 
iting town lines, was the Proviuclal act of the 5 Geo. L 
chap. 87. {Ptfyo. Lawt J36 ) That act was pavised in 1719^ 
and remained in force until revised in 1791. We have had 
statutes on the subjf>ct for m^re than a century, and the 
best illni^tration of their utility that can be given is t^e 
fact, that a dispute us to the bouiularies betweea towua is 
« Tery race^ occurrence in tiiii 8tat6» 

If 



1 



6.f FeranAulatton of Idnefi 

FORM NO. I. 

Form of the notice to be give?i to perambulaU» 
To the nlectmen of the town ofJl.' 

•ENTLEMEN, 

Thf. undersigned, selectmen of the town of P. de 
hereby give you notice, that we have appointed M on- 
day ,the twenty-ninth day of September inst at ten of 
the clock in the forenoon, to meet at the house of C« 
D. in said town of P to perambulate, run and renew 
the lines between said towns ; whe*) and where vo« 
are respectfully requested to attend for that purpose. 

E. F. 
G H. 
I. K. 
September 12> 18S5. 



Selectmen 
9fP. 



FORM NO- II. 

The form of an appointment of a pcnon to perambuhde* 

To Jl. B. of C. 

The subscribers, selectmen of the town of W. re- 
posing entire confidence in your ability and integrity, 
do hereby appoint you to perambulate the dividing 
lines between the said town of W and the town of 
Y in conjunction with the selectmen of said town of 
Y. or such person as they shall in writing appoint for 
the purpose ; and you are to make return of your do- 
ings into the town clerk's office as soon as the businest 
is completed. 

Given under our hands this twelfth day of Septen>- 
ber, A. O. IQ25. 

E F, 

G H. 

• I.K. 



Selectmen 
qf W. 



=^^ 



Feramhdation of Zitita. $3 

FORM NO. III. 

Theftrm of a return of the perambukUion of 2i»M« 

W , the subscribersv selectmen of the towns of A. 
and B. have, this twenty-sixth day of Septeaaberi 
A D. 1825, met in pursuance of notice given by the 
selectmen of A. the most ancient town, for the pur- 
pose of perambulating the lines and renewing the 
boundaries between said towns ; and having attended 
that service, make return as follows : 

We began at (here describe the doings of the se* 
lectioen particularly.) 

J, p' f Sekdmen 

G III S ""^ •^• 



J. K. 
L. M . 
O. P. 



Selectmen 
of P. 



FORM NO. IV. 

The farm of a petition to the court of Common PUdsto 
settle a linCj when the seketmen of the towns cannot 
agree* 

To the honorable^ the justices of the court of Commoi^ 
Pleas holden at Concord, within and for the county of 
Merrimacky on the last Tuesday of October j A. D, 
1826. 

The subscribers selectmen of the town of A. in 
said county, respectfully represent that they with the 
selectmen of the town of B. in sdid county, on the 
fifth day of September, A. D. 18i5, perambulated 
the lines between the said towns of A. and B and ais* 
agreed, and still disagree with the selectmen of the 
laid town of B. in renewing and establishing the boun- 



u 



Fentmhulatiim 0/ ZAi^es, 



daries and lines between said towns, wherefote jwtu 
petitioners pray your honors to settle a; d establisb 
waid disputed tinea, and renew the bounds and marka 
tf the fane. 

CD) «, , 



.1. 



•ir 



.« 






(«6) 



CHAPTER IT. . 

or VHB TOVnOLB AKB BIJTXB8 OT OOHSVA- 



SECTION t. 

THE AUTHORITY AND DUTY OF CONSTABLES IN RBLA* 
TION TO THE SE|^VICE OF WRITS AND EXECUTIONS IN 
' CIVIL CAUSES. 

The stalate of Jane t2, 1810, entitled '^ An act au- 
thorizing and empowerlngf justices of the peace to bear, 
try, and determine civil causes, and to repeal certain 
acts and a certain Clause of an net therein mentioned,'' 
section 7, enacts *^ that any constable, to whom any writ 
or otber legal i^recept may be directed, by virtue qf this 
act, be, and hereby is fully empowered and directed to 
serve and return the same according to law.'' 

In the forms of writs and' executioha to be issued by 
justices of the peace^ as proscribed by statute, the dkec 
tion is 

To the sheriff of eaid county of or his deputy^ or 

to either of the constables of P, in said county. 
(1 JV: H. Laws, 97, 98.) 

The statute of February S, 1791, entitled «« iin net pre- 
scribing the doty, and regulating tbe office of f^heriff, ^' 
section 3, enacts, *^ that if any sheriff, deputy sheriff or 
constable shall neglect to serve an} precept is^^uing (rofo 
lawful authority, directed unto such sheriff^ deputy sher- 
iff or constable, and delivered nnto him to serve and ex- 
ecute, having in all civil causes tendered untoliim hU le- 
gal fees for serving aod executing the same, every such 
sheriff, deputy sheriff or constable shall forfeit and pay 
the Slim of ten pounds to any person who will sue for the 

7» 



6t ^ Ptfmen mnd DpiU* cf Cftutablei. Seov. 9. 

FORM NO. II. 

s 

Form of a camiabk^t return upon a writ when a nitn- 

mons only' is Uft- 

RockiDgrbam, ss. — PortBinouih, September 7, 1825. 

By virtue of this vvrit^ I have attached a ship, the 
property of the within named H..M. and gave him a 
summons in band. 

CD. Constahh of Portsmouth. 

Fees — service $0,23 
Travel 4 miles 0,12 



0,35 



FORM NO. III. 

Form of a constabWs return on a writ when goods are 

attached. 

RockiDgham^ ss.— Portsmouth, September 7,' 1825. 

By virtue of this writ, I have attached five chairs, 
the property of the within named L. M. and left ft 
summons at his last and ustial place of abode. 

CD. Constable of PortsmotOh. 

' Pees — service $0,?3f 
Tj-nvel 4itailes 0,^2 

0,85 



FORM NO. IV. ^ 

Form of a constable^ s return upon a writ of scire fadeu^^ 

Rockingham, ss. — Portsmouth, September 7, 1824. 

In obedience to this writ, I have made known unta 
the within named A. B. as within commanded by giv'^ 



\ 



Sect. S. Pomen und Duiiss 0J Csmiahiei. t§ 

iog to him, (or by having at his Uut and usual plas^ ff 
abode J an attested copy of this writ. 

L. M. OmsUMm 1/ Portsmouik, 

Fees — senrice $0,SS 
Travel 4 miles It 
Sopj - • 26 

0,60 



FORM NO V. 

JPorm of a eonstabVs rsturn upon an eseevHony uhss^ d 

if iutended U> charge bail . 

Rockingham, bs.— -Fortamouth, September 7, 1824. 

Id obedience to this wr't, I have mad^^ diligent 
search for the body of the within named A B and 
eould not find htm within my precinct : and on the 
fifteenth day of August last past, I gave to M. N. who 
was bail in this suit in which this execution issued, ' 

J or I left at the last and usual place of abode of VL 
i, who was bail^^iScc.) a notice in writing, stating that 
this execution was in my hands, the amount of the 
same, and when returnable And having kept this ex- 
ecution in ray hands until this return day thereof, I 
now return the same in no part satisfied. 

H. H. ConsiabU of PortsmoiUh. 

Thtf above return is founded upon the statute of .June 
^, 1818, entitled ^ an act in addition to an act entitled^ 
enact regulating bail in civil causes^^' the second section 
of which enacts, ^^ that the creditor in any civil action 
intending to charge the bail in such action, shall deliver 
bis execution to an offict^r, with the name or names, 
place or places of residence of tlie per«(on or persons 
who became bail in such action, and the officer shall, at 
least fifteen days before the return day of said executioni 
•deliver to at least one of the bail in such suit, or leave 
at his dwelling-house or last and usual place of abode, a 
Mtice io writing, stating that such execotion is. ia b^ 



to Pamernmd Dutht of C^mtahiei. Ssov. 9^ 

bands, the amount of the same, and when returnable. — 
And the officer shall keep such execution in bis handa 
mntil the return day thereof, in order that the bait maj 
produce the principal to the office r^ that he may arrest 
him on said execution. And if the bail shall at any time 
before the return day, produce the body of the priacipal 
to s^3ch officer so that he may arrest him, said bail shall 
lore?er be discharged from all liabilities as bail in such 
action. And no return of n§n ett inv^ntui shall be suffi- 
cient to charge the bail unless the officer also certify on 
said execution that notice as aforesaid was given to the 
bail." 

FQRM NO, VI- 

» 

tbrm of a ntwm upon an execution, where goods ham 

been sold to satisfy it. 

Rockingham, ss.— -Portsn^outh, September 7, 1825.* 

In obedience to this writ, and to satisfy the same^ 
I seized and took on the first day of August last past, 
one table, one chair, and one bed, the property of the 
within named D. R. and on the same day, I adver- 
tised the same goods seized as aforesaid for sale on 
Friday the liftb day of August aforesaid, at two of the 
clock in the afternoon at the iun of J. D. in said Ports- 
mouth, by posting up advertisements of the said time 
Aud place of sale at the inn of J- D. and at the inn of 
W. H. b^ing two of the most public places in said 
Portsmauth. And on the said fifth day of August, 
the said debtor not having redeemed the said goods by 
•therwise satisfyii'g this execution, I sold the same 
goods at the time and place mentioned in said adver- 
tisements at public vendue to the highest bidder, as 
follows : 

1 .Table for $2,50 
. 1 Chair - 1 J6 

1 Bed - - 8,35 



12,60 



fTlwi date sboald be the retiira day of the execution. 



^'■» ■■ ■■ ^ 



SxcT. 3« Fowtn and Duties of CamtMei. 11 

from which sum of twelve dollars and sixtj cents, I 
deducted my fees, being thirtj-seven cents, and the 
remainder being twelve dollars and twenty-tbre^ 
cents, 1 liave applied in discharge of this execution is 
part. 

I tbereforr return this execution satisfied in part^ 
4o wit : for the sum of $12.23 and no more. 

W. H. Constable of Portmovik. 
Fees — travel "2 miles $0.06 
Levying $12,60 - 0,31 

0,37 

The foregoing retorn is founded upon the statute of 
February 16, 1791, entitled ^^ an act ffu^ijectinje: lands and 
tenements to the payme.nt of debt? and diroctin^ the mode 
of l<^ vying executions on real and persf»nal estate," the 
fourth section of which enacts, ^^ That when any goods 
or chattels shall be taken to satisfy an execution issuing 
upon a judgment obtained, such gortds or chattels shall be 
safely kept by the officer, at the expense of the debtor^ 
for the fipace of four day next after they are so taken ; 

. and if witiiiti that tinie the owner shall not redeem the 
same, by otherwise satisfying the execution^ Puch goods 
and chattels shall he sold at pnblick vendne to the high- 
est bidder, having first hern advertisf'd, by the posting 
up of noti ^callous of the time and place of sale, forty- 
eight hours before the expiration of the said tour days, 
at two of the most puhlick places in the town or place 
whr-re the sale is, to he ; and the money arising upon 
such sale shall be applied to the paying of the charges, 
and to the satisfying cf the execution, and the officer shall 
return the overplus (if any there be) to the dt htor, and 
the officer who is posse^^sed of the ex<>cotion, shall make 
return of the same with his doings therein^ particularly 
describing the goods taken and sold, and the sum far 
which each article was struck uf ; and if any officer 
shall be guilty of any fraud lu the sale, or the return as 

- before mentioned, he shall be liable to the d*?btor to pay 
him five, times the sum defrauded| to be recovered by ac» 
tion on the case.'* 



7S F&mws ani Ihuki of CmuiaUes. Ssvr. 4. 

SECTION 4. 

THE AUTHORIT^f AKD DUTY OF G0H8TABLSS IK CRIMI* 

NAL CAUSES. 

Warrants k^aed by jpstlces of the p^ace for the 
parpose of arresting persons chargf'd with having com- 
mitted crimes are osuallj directed to constables of parti»- 
ular tiiwns. ^ 

The statute of Febniary 8, 1791, entitled *' an act pre- 
scribing the duty, an^l regulating the office of sheriff,'' 
section 4, enac*», ^^ That every sheriff, de^.uty s^heriff or 
other officer, in the execution of His office, lor (he pres^ 
ervHtioo of the pe»ce, or lor apprehendi/ig or .securing 
any person or persons for violating the same^or for any 
#ther criminal matter or cause, be, and hereby are eoK 
powered to require suitablj aid and assistance iu the ex* 
ecution ot his said office ; and if any person when so 
required shall ocgleci or refuse to give atich aid aod as- 
SiM^nce, such person, on conviction thereof, before any 
justice of the peace, shall be fined to the use of the t< wn 
where the offence is committed, a sunr* not exceeding 
forty shillingiv and if unable to pay, shall be set in the 
stocks not exceeding four hours.'' 

*' That if any person not being a sheriff, deputy sheriff 
or otber officer, whose duty it is to keep'^the peace, or 
apprehend persons ft)r violating the same, shall falsely pre* 
tend to be any or either of said officers, and shall pre- 
sume to act as such, or to lequire any other person or 
persons to aid or asaiifet him in any matter or thing be- 
longing to the duty of a sheriff, deputy sheriff or other 
such officer, so assumed as aToresj^id, he shall upon con- 
viction for any sur.h oflruce, torfoh-aiid pay a fine not ex- 
ceeding OtiG hvndred pounds, according to the nature and 
cin ''s.istances of his offtnce, at the discretion of the 
court before whom the conviction shall be, one moiety 
0f which tine shall he to the use of the county in which 
the offence is coinmitie<!. and the other moieiy to him or 
them who wtll sue for the same in any court of cooimoB 
pleas." 



Sect. 4. Powers and Ih\tie^ of Constables. 73 

The statute of Feb. 16, 17:?!, rntitled "an act for the 
piiDishment or ^ortrin crimes not capital,^^ section 10, 
enacts, " that if any person or persons shall knowingly 
and wilfully obstract, resist or oppose any sheriff, or oth- 
er officer of this state, in serving or attempting to serve 
or execute any mesne process or warrant, or any rule or 
order of any of the courts of this state, any legal order 
or command of any justice of the peace withiq this stale, 
or any other legal or judicial writ or process whatsoever, 
or shall assault, beat or wound any officer or other pel^- 
eon, duly authorized in serving or executing any writ, 
rule, order, process oi; warrant as aforesaid, or if any 
person shall by force set at liberty or rescue any person 
arrested or committed by virtue of any mesne process, 
order, warrant, writ ot execution, or any other writ is- 
fining from any court ot record, or any justice of the 
peace within this state, in any civil cause, or in any crim- 
inal cause not capital, every p&rson so knowingly and 
wilfully offending, shall, upon conviction, be imprisoned 
sot exceeding twelve months, and fined in a sum not ex- 
c;eediDg ninety pounds.^^ 

FORM NO. I. 

Formof aretumvpon au}arranU 

Rockiogbam, ss. — Pcytsraouth, September 8, 1826. 

By virtue of the vrithin warrant, I have apprehend- 
ed the body of the within named M. N. and have him 
before A. B. one of the justices of the peace for said 
county : and I have summoned the within named CD. 
and E. P. to appear as witnesses before said justice. 

C. H. Constable of Portsmouth. 



FORM NO. II. ■' 
Form of a constable^s return upon a mittimus* 

Rockingham, ss. — Portsmouth, September 8, 1825. 

In obedience to the within precept, I have taken 
the body of the within named M. N. and conveyed 

8 



74 Poxeers and Duties of Comtables. Sxcr. 4. 

him to the goal iu said Portsmouth, and committed 
him to the custody of the keeper thereof. 

C. H. Congtable of Portitnouth. 



(76) 



CHAPTER V- 

or TMB XiAWS &SXiA.TIVE TO TBB HAUKTWK- 

nxroa or zz&sazTXMikTxi 0Hzz«DRBir. 

The statute of 1 827, chapter 23, entitled ^* an act to 
provide for the maintenance of bastard children/' enacts, 
*^ that every justice of the peacie, to whom complaint 
may be made by any woman pregnant with a child, which 
if born alive may be a bastard, against any man charg- 
ing bira with having begotten such child, may convene 
such man before him, and, at his discretion, may bind him 
to appear at the next court of common pleas, with suffi- 
cient surety or sureties, to answuer such, complaint and to 
abide the order of said court thereon. And said court 
may take security by way of recognizance of the person 
80 charged for his appearance at any future term.'' 

^^ That said complaint may be heard and tried by said 
court. Provided however, that if either party shall re- 
quest if, the same shall be tried by a jury and the issue 
shall be. whether chargeable or not.'' 

^^ That when any woman shall have voluntarily made 
her complaint as aforesaid, on oath, charging any man 
with being the father of the child, and stating the time 
when and the place where the same was begotten, and 
shall have declared in the time of her travail the same 
person to be the father of the child to the persons at- 
tending her, if any person may have attended her at the 
time, and shall have continued constant in such accusa- 
tion, she shall be admitted as a competent witness on the 
trial, her credibility being left to the court or jury who 
try the cause. ' Provided however, that no woman shall be 
admitted as a witness as aforesaid, who shall have been 
convicted of any crime rendering her incompetent to 
testify in any other cause." 

^^ That any man who shaH be found by the court or 
the jury chargeable as aforesaid, shall be so adjudged, 
and shall be ordered to pay such sum or sums of money 



76 • Ulegitiinaie Children, 

to the mother of the child, or, io cases where the court 
may deem it proper, to the selectnren of the town liable 
by law to maintain the child when standing^ in the need 
of relief, to be applied (o the maintainance of the child, 
as the court may, under all the circumstances, judge reas- 
onable ; and he shall be also ordered to pay the costs of 
the prosecution. And the said court may further order 
the person adjudged chargeable as aforesaid, or the moth- 
er, or both, to give security to save the town, liable by 
law as aforesaid, harmless and free from the malBtainance 
of the child. And any person or persons who shall refuse 
or neglect to obey any order of the court, made as afore- 
said, may be cpmmitted to prison until the same be 
obeyed." 

^ That if auy woman, after having made her cono* 
plaint as aforesaid, and having prosecuted the same in 
said court, shall abandoT; the same, the town, liable by 
law as aforesaid, shall, upon application to the court in 
writing for that purpose, by their selectmen, agent or 
attorney, be admitted to prosecute the said complaint and 
procure an order upon the person accused, to give seen- 
rltv as aforesaid to save the town harmless. And a rec- 
ord being made, that the said town is admitted to prose- 
cute as aforesaid, it shall be deemed a party to the pro- 
secution. And if the person accused be found chargea- 
ble, he shall be so adjudged ; and be ordered to give se- 
curity to save the town harmless and pay the costs of the 
prosecution, and to stand committed until the order be 
obeyed. And if he shall be found not chargeable, he 
shall be acquitted, and be allowed costs, and have execu- 
tion therefor against the town." 

^^ That when any mother of a bastard child shall have 
neglected or refused to make her complaint as aforesaid, 
or having made the same, shall neglect to prosecute her 
complaint in the court aforesaid, every justice of the 
peace to whom complaint may be made by the selectmen 
of any town, liable by law as aforesaid, against any -man, 
charging him with having begotten such bastard child, 
may convene such man before him, and, at his discretion, 
bind hinf to appear at the next court of common pleas, 
with sufficient surety or sureties, to' answer such charge 
and abide the order of court thereon. . And such com« 



tUegitimate Children. 11 

plaint may be prosecuted in the name of the town, and 
heard and tried by the court. Provided however^ that if 
either party shall request it, the same shall be tried by 
a jury and the issue shall be, whether chargenble or not.^' 

'^ And it upon such complaint, made by the selectmen 
of any town, the person accused shall be found chai^ea- 
ble, be shall be so adjudged, apd be ordered to give secu- 
rity to save the town, liable as aforesaid, harmless, and to 
pay the costs of the prosecution. And any person neg- 
lecting or refusing to obey such order may be committed 
to prison until the same be pertormed. And if the man 
80 accused sfaall be found not chargeable, he shall be ac- 
quitted and allowed his costs and have execution therefor 
against the town.'^ 

" That if any person committed to prison by virtue of 
this act be poor and unable to pay such sum or sums, or 
to procure such sureties as may be required by order of 
the court aforesaid, said court may, on application to them 
for that purpose, discharge such person from imprison- 
ment, at »uch time and upon such terms and conditions as 
they may think proper." 

it will be perceived, that in prosecutions upon this 
statute the mother of the child is admitted as a compe- 
tent witness, her credibility being left to the jury. She 
is, however, when she. prosecutes, directly interested id 
the event of the prosecution ; for she receives, in case 
the prosecution prevails, from tlie putative father, not on- 
ly a contribution towards the support of the child, but her 
costs ; and, in case the prosecution fails, she is liable to 
pay costs. It is for this cause, that the statute requires 
her to state,, in her complaiat which is made before the 
birth of the child, the time and place when and where it 
was begotten, that the jury may be enabled, by compar- 
ing her statement with the time of the birth of the child, 
and with the evidence introduced on the part of the res- 
pondent, to judge how much credit is due to her testimo- 
ay. And it has been decided several times, that she is 

8* 



16 lllegitimaU Chilirtii. 

Dot a competeDt witness unless she complies wiffa thesef 
requisitions of the statute. .It has also bjeen decided, that 
it Is not sufficient to entitle her (d be a witness that she 
states in her complaint, that the child wa.s begotten ^^ in 
or about such a day^' but she must name a particular daj. 
It id not to be supposed that she can in all ca^ed accurate- 
ly tell the day, but she must name a day, and that must be 
as near as she can recollect. 

It has alsa been decided, thatil is not sufficient to maJce 
her a witness that she states in her complaint the town in 
which the child was begotten, but she must name the par- 
ticular place in the town. But when for any of tliese 
reasons th^ mother of the child is not a competent wit- 
nesSy while the prosecutor, she may abandon the suit, and 
the town which may be chargeable with the maintenance 
of the child may come in and prosecute under the pro- 
visions of the statute, and then the mother becomes a 
competent xvitness. 

FORM NO. I. 

The form of a complaint by the mother whik pregnant. 

To A, B., Esquire^ one of the justice.^ of the peace in and 
for the county of Rockingham. 

C, D., of Concord, h said county, sphister, coiri- 
plaiiis and gives the said justice to understand and b<i 
informed, that she the said C. D. is now with child, 
and that the said child is likely to be born a bastard, 
and to be chargeable to the said town of Concord ; 
and that E. F. of said Concord, laborer, is the father 
of the said child ; and that the same child was be- 
gotten on the first day of September last, at the 
dwelling house of G. H. in said Concord. Wherefore 
the said C. D. prays, that the said E. F. may be held 
to answer to this complaint, and that justice may be 
done in the premises. 

c. b. 



r 

I 



^'^^'^^^g^K^fitfF^mmmmm^mmmmmtmn 



UlegititnaU Chtldrert, Id 

♦ 

Rockingham^ ss. On the twenty- eighth day of March, 
in the year of our Lord eighteen^hundred and twenty-^ 
three, personally appeared C. D. and made oath, that 
the above complaint} by her subscribed, is in her be^ 
lief true. 

Selore me, 

A. B., Justice of the Peaa: 



< L.a. i 



FORM NO. li. 

Form of the Warrant^ 

STATE OP NEW-HAMPSHIRE. 

r. 

RocJcingham^ 8$, To the sheriff oj said county^ er his dip^ 
uty^ or to either of the constables of the (ovn of 
Concord^ in said county<i 

6REETIK0. 

Whereas, CD. of said Concord, spinster, has ex* 
hibited tome A. 6. one of the justices of the peace 
in and for said connty of Rockingham, her aforesaid 
complaint upon oath against E. F. of said Concord, 
laborer : we command you in the name of the State 
of New-Hampshire to apprehend the said E. P. if he 
may be found in your precinct, and bTing him before 
me the said justice, to answer to the said^ complaint. 
Herein fail not* 

Given ui)der my hand and seal this twenty- eighth 
day of March, in the; year of our Lord eighteen hun- 
dred and twenty-three. 

A. B. Justice of the Peace, 

Rockingham^ ss. March 2S, 1 8f 3. I hare arrest-^ 
ed the body of the said E. F. and now have him be-» 
fore A. B. Esquire, as within commanded. 

O. P. Sheriff. 



I 

80 hlegitimate Childreiis 

FORM NO- III. 

Form of the justtce^a order. 

Rockingham^ ss. Be it remembered, that on the 
twenty-eighth day of March, in the year of our Lord 
eighteen hundred and twenty-three, C.D. of Concord, 
In eaid county, spinster, came before me A. B. Esq. 
one of the justices of the peace in and for said coun« 
ty of Rockingham, and on oath complained and gave 
me the said justice to understand and be informed, that 
she the said C. D. was with child, and that the said 
child was likely to be born a ba»tard,and to be charge* 
able to the said town of Concord, and that E. F. of 
said Concord, laborer, was the father of the said child ; 
and that the same child was begotten on the first day 
of S^temberlast, at the dwelling house of G. H. in 
said Concord. Whereupon afterwards on the same 
twenty eighth day of March, the said E« F. being 
brought before me the s^id justice, by virtue of a war- 
rant issued upon the complaint aforesaid, and after 
hearing the evidence as well*on the part of the said 
E. F. as on the behalf of the said CD. it appearing 
to me the said justice that the said E. F. ought to be 
held to answer further to this complaint ; it is ordered 
by me the said justice, that the said E. F. give bond 
to the said C. D. in the sum of five hundred dollars 
with two sureties, with condition that the said E. F. 
appear at the superior court of judicature next to be 
holden at Exeter, within and for said county of Rock- 
ingham, on the third Tuesday of September next^and 
there answer to the said complaint, and abide the or- 
der of the said superior court thereon ; and that the 
said E. F. stand committed until this order be per-* 
formed. A. B. Justice of the Peace. 

It has been customary to take security for the appear- 
ance of the putative fatjier at court by way of recogni- 
Kaoce ; but a bond is n much more appropriate security. 
• — 7 Mass. Rep. 340, Johnson vs» ttandall ; and 7 Mau* 
Rep. 396, Merrill vs. Frina. 



Illegitimate Childnn. .81 

FORM NO. IT. 

Form of the bond. 

Know all men by these presents, that we E. F. of 
Concord, in the county of Rockingham, laborer, ar 
principal, and O. P. and W, X* of the same Concord, 
yeomen, as sureties, are held and stand bound unto C. 
D. of the jsgme Concord, spinster, in the sum of five 
hundred dollars, to be paid to the said C. D. ; to the 
payment of which well and truly to be made, we bind 
ourselves, our heirs, executors and administrators, 
firmly by these presents. Sealed with our seals. 

Dated this twenty-eighth day of March, in the year 
of our Lord eighteen hundred and twenty-three. 

The condition of this obligation is such, that where^ 
as CD. aforesaid, on the twenty-eighth day of March 
in the year of our Lord eighteen hundred and twenty- 
three, upon oath complained to A. B. Esquire, one of 
the justices of the peace in and for said county of 
Rockingham, that she the said C. D. was with child, 
and that the said child was likely to be b^rn a bastard, 
and to be chargeable to the said town of Concord ; 
and that the said E. F. was the father of the said 
child ; and that the said child was begotten on the 
first day of, September last, at the house of O. H. in 
said Concord : Now if the said E. F. shall appear at 
the superior court next to be holden at Exeter, with- 
in and for said county of Rockingham, on the third 
Tuesday of September next , and there answer to the 
said complaint and abide the ord^r of the court there- 
on ; then this obligation shall be void, otherwise to 

remain in full force. 

E. F« & seal. 

O. P. & seal. 

W.X.&seaU 



82 Ultgitimaie Children. 

FORM NO. V. 

Form of the MUHmus. 

STATE OF NEW-HAMPSHIRE. . 

Rockingham, ss. To the sheriff of the said eounty of Roch- 
, f^^^^ % ingham^ or his deputy^ or either of the constables of 
J L. 8. V ffig town of Concord^ 

GREETING. 



Whereas on the twenty-eighth day of March, in 
the year of our Lord eighteen hundred and and twen- 
ty-three, C. D. of Concord aforesaid, spinster, on 
oath complained tome, A.B. Esquire, one of the jus- 
tices of the peace in and for said county, that she the 
said C. D. was with child, and that the said child was 
likely to be bom a bastard, and to be chargeable to the 
said town of Concord, and that E. F. of said Concord, 
laborer, was the father of the said child ; and that 
the same child was begotten on the first day of Sep- 
tember last, at the house of G. H. in said Concord. 
And whereas afterwards, on the same twenty-eighth 
day of March, the said E. F. by virtue of a warrant 
issued on the complaint aforesaid, was brought before 
me the said jastice, and ordered to give bond to the 
said C. D. in the suoi of five hundred dollars with two 
sureties, with the condition that the said E.F. appear 
at the superior court of judicature next to be bolden 
at Exeter, in and for said county of Rockingham* on 
the third Tuesday of September next, and there an- 
swer to the said complaint, and abide the order of the 
said superior court thereon, and stand committed un- 
til the said order was performed* And whereas the 
said E. F. has neglected and refused to perform the 
said order. 

We therefore command you, m the name of the 
state of New-Hampshire, to convey the said E. F. 
safely to the gaol in Exeter in said county, and him de- 
liver to the keeper thereof ; and the said keeper ii 
likewise commanded to receive the said E. F. into 



Illegitimate Children, 85 

his custody, and him there safelj keep, until he be 
discharged by due order of law. Herein fail not. 

Given under my hand and seal this twenty-eighth 
day of March, in the year of our Lord eighteen hun- 
dred and twenty-three. 

A. B. JfuHce of the Peaa^ 



FORM NO. VI. 

Form of an appKcaiion by a toion, liable to fMintain a 
bastard cAt'M, to be admitted to prosecute a eomplaini 
for the purpose of procuring an order upon the per' 
tons accused, to give security to save the town harmless. 

To the honorable the justices of the court of common pleas, 
begun and holden at Exetet, within and for the county of 
Rockingham, on the third Tuesday of Augiut, 1828. 

The town of Portsmouth in said 'county respectful- 
ly represents, that A. B. of said Portsinouth, single- 
woman, on the day of in the year 1827, was 
delivered of a bastard, with whose support when 
standing in need of relief, the said town is by law 
chargeable ; that there is now pending in this court a 
prosecution, founded upon the complaint of the said 
A. B. against C. D. of said Portsmouth, yeoman, as 
the father^of the said child, and that the said A. B. is 
unwilling to prosecute the said complaint any farther ; 
whereupon the said town, for the purpose of obtaining 
security from the said CD. to save the same harmless 
from the maintenance of said child, prays to be admit- 
ted to prosecute said complaint, and to become a party 
to the same upon[the record. 

W. M. Mtofney for said town* 



84 Illegitimate Children. 

FORM NO. VII. 

Form of a eomplaint on behalf of a town by the etUd- 
men^ when the mother of the child neglects or refmes to 
proeecute. 

To L» M. Esquire f one of the justices of the peace within 
and for the county of Rockingham. 

The underiigned, selectmeti of the town of Porti- 
mouth in said county, for and in behalf of said tovrn, 
complain and give the said jastice to understand and 
be informed, that A. jB. of said Portsmouth, spinster, 
on the ' day of in the year of our Lord was 
delivered of a bastard child, with the maintenance of 
which, when standing in need of relief, the said town 
of Portsmouth is by law chargeable ; that W. H. oi 
said Portsmouth, yeoman, is the father of said child ; 
be having begotten the same at said Portsmouth on 
the day of in the year of our Lord and 

that the said A. B. has neglected and refused to make 
her complaint against the said W. H. charging him as 
the father of said child and to prosecute the s&me in 
court : 

Wherefore the undersigned,selectmen as aforesaid, 
for and in behalf of said town, pray that the said W. 
H. may be held to answer to this complaint, and that 
justice 'may be done in the premises. 

S. M. 2 Selectmen 
Y. L. [ of 

D. C. ) PortsmotUh. 

Rockingliarn', $8. On the day of in the year 
of our Lord personally appeared S. M. and made 
oath that the above complaint by him subscribed is in 
his belief true. Before me, 

L. M. Justice of the Peace. 

The form of the warrant and other proceedings vpon 
the complHint by selectmen, is substantially the same as 
when the respondent is held to answer to a complaitit by 
the mother of the child. 



(85) 



CHAPTER VI. 

€17 VBB FB.OF AXriLTZOXr OF VHB 8 ABBAVfeU ^ 

The stalate ot December 24, 1799, entitled '^ an act 
for the better observation of the Lord^s day^ and for rt- 
pealing all the lawti heretofore made for, that purpose,'* 
«nacts, *^ that no tradesman, artificer or any other persoB^ 
wbatsoeyer shall do, or exercise any labor, business or 
work of their secular callings, works of necessity and 
mercy only excepted, nor use any game, play or recrea* 
lion on . the first day of the week, commonly called the 
Lord's day, or any part thereof, upon pain that ereu 
person so offending shall forfeit a sum not exceeding six 
dollars, nor less than one." ^ 

^^ That no person shall travel on the Lord's day be* 
tween sun-rising and sun-setting,. unless from necessity, or 
to attend public worsship, visit the sick, or do some office 
of charity, on penalty of a sum not exceeding six doIlaiVy 
nor less than one." 

*' That no taverner, retailer or other person keeping a 
public house of entertainment, shall suffer any of the Jin- 
habitants of the respective towns where' they dwell, or 
others, not being, strangers, or lodgers in such iiouses, to 
abide 'or remain in the houses, yarctsor appeud;;gcs there^ 
of, drinking or idly spending their time on the Lord^sday, 
upon the pain and penally aforesaid. And the person or 
persons who shall be found so drinking or abiding in such 
house, or dependencies thereof as aforesaid, shall eacb 
suffer the like penalty.'' 

*' That each town and district within this state, shall, 
at the time of choosing town or district officers, an- 
nually and every year, choose by ballot certain persons, 
being of good substance and sober life, to be tythingmen 
of such town or district, of which officers ao town or dis- 
trict shall appoint^less than two, whose duty it shall be to 
infortt of all breaches of this act." 



S6 Profanation of the Sabbath- 

(^ That if aoy persoD shall, on the Lord^s day, within 
the walls of any house of public worship, or about aach 
house, whether in the time of public service or between 
the forenoon and afternoon services of said day, or on 
iny part thereof behave rudely or indecently, he or she 
shall pay a fine not exceeding six dollars nor less than 6f- 
ty cents.'' 

' *^ That the oath of any tythingman or selectman shall 
be deemed full and sufficient evidence, upon trial of any 
offence against this act, unless in the judgment of the 
court, or justice, the same shall be invalidated by other 
evidence that may be produced." 

^^ That the parents of any children under age, the guar- 
dians ot any minors, and the masters of servants^ who 
tliall have no parents or guardians, shall be respectively 
liable for the fines and costs of their children, wards or 
servants, who shall be convicted of any offence against 
this act. And the said fines and costs may be levied bj 
warrant of distress issued against the parent, guardian or 
master, as the case nay be, according the form hereinaf> 
ter prescribed. Provided; always, that such parent, guar- 
dian or master, shall be duly notified of the time and 
place appointed for the trial of such children, miners or 
servants, for the offences aforesaid." 

^* That it shall be lawful for each and every selectman 
and tythingman Within their respective precincts, to take 
and command such as^lance as may be needful, and for- 
cibly to stop and detain any person or persons they shall 
suspect of travelling unnecessarily on said day, for and 
during such time, as &hall be necessary for demanding the 
cause or reason of such person's travelling, his name and 
place of abode, anM receiving the answer tp such de- 
mands. And in case any such person shall not give satiSi* 
faction to the selectman or tythingmaa demanding the 
same, that there is sufficient reason for bis travellings, 
such selectman or tythingman shall have full . power and 
authority to detain in his custody such person or persona, 
until a regular trial can be had, and to command the ne* 
cessary.aid therefor." 

*^ That if any person shall refuse to give aid and as^ 
si0tance to any selectman or tythingman, whs may require. 



Profanation of the Sabbath, ST 

the same same for the purposes aforesaid, such person 8# 
refusing shall, upon conviction thereof,. he fined in a sum 
not exceeding six dollars nor less than one.^' 

'' That if any person found travelling upon (he lord's 
day shall give any false answer (o any of the before men- 
tioned questions, which may be asked him by any select- 
man or tythittgman, the said person shall upon conviction 
thereof be fined in a sum not exceeding thiiteen dollan 
nor less than one.'' 

'^ That the selectmen of the several towns and places 
in this state, and the ty thingmen chosen as aforesaid, be, 
and they hereby are required to inform of all breaches 
of this act within their precincts. And if any person 
charged with a breach of this act shall be acqtiitted up- 
on trial, he shall recover costs against the complainant, 
unless the complainant be a selectman or tythingman^and 
io that case no costs shall be allowed to the person acquit- 
ted. And for the better execution of all and every of 
the foregoing ordem, every justice of the peace, witiiin 
the county where any offence against this act shall be 
committed, shall have power and authority to convene be- 
fore him any person or persons offending asaforesaid^and 
upon his own view, or other evidence sufficient to cod- 
ylct any person of such offence, to impose the fine and 
penalty for the same with costs, and to restrain and com- 
mit the offender until the same be satisfied, or to' caos* 
sach fine, penalty and costs to be levied by distress and 
sale of the offender's goods, returning the overplus, if 
any be. All fines and penalties accruing by this act, to be 
for the benefit and relief of the poor of such town or 
place where the offence is committed, and delivered into 
the hands of the selectmen or overseers of the poor for 
that purpose." 

*^ That any person shall have the right of appeal to 
the court of common pleas from any sentence of a justice 
given against him or her in pursuance of this act, he or 
she recognizing with sufficient sureties to prosecute his 
or her appeal with effect. Provided, nevertheless, that 
it shall and maybe lawful for any justice of the peace, oo 
application to grant a license for any person to travel, or 
do any secular business on said day, which shall appear 



n ' Profanation 0/ the Sabbath. 

to bim to be a work of necessity or mercy. And such 
certificate shsUi be a bar (o any prosecution therefor. And 
the Informing officers aforesaid shall baye a light to in- 
qalre of any person apparently offending against this act, 
the cause or necessity of his so doings and if he or sho 
flhall neglect or refuse to assign such reason or° reasons 
«8 may appear on trial to be sufficient, or shew sucli cer- 
tificate, he or she shnlj pay costs of prosecution, any other 
reason he or she maj give on trial notwithstanding.^ 

^^ That all prosecutions for ofieoces against this act shall 
be commenced within thirty days after the offence shall 
have been committed and not afterward.^' 

^* That the warrant of distress before mentiooed may 
be Id the ibrm following : — 

STATE or NEW-HAUP8HIRE. 

u. To the sheriff 0/ the said cotmiy 0/ or him 

deputy^ or iony constable of in said eountyy 



^L. S. > 



GRBETIBBk 



Whereas O. F. an infant under the age of twentj* 
one years, on the dd^ of- at in said 

county of before the subscriber, one of the justi- 
ces assigned to keep the peace within and for said 
county, was duly convicted of [ here describe the of- 
fence as it is described in the complaint or convic- 
tion] which offence was eommittea contrary to th^ 
form of an act, entitled ^^an act for the better obser- 
vation of the Lord's day, and for repealing all the 
laws heretofore made for that purpose ;" and for said 
offence the said O.F. was ordered to pay a fine of 
and costs of prosecution, amounting in the whole 
to the. sum of and whereas A* B« of &c. (ad- 

dition) at the time of the conviction aforesaid, was 
(parent, guardian or master as the case may bej of 
the said O. F. and by law liable to the said fine and 
costs, and hath been duly notified of said convictiont 
«nd the same iSne and costs still remaining unpaid — 
these are therefore iu the name of the State of New- 



ttBmpdhire to coinmMd you to levy the said sum of 
by distress and sale of the goods «nd 'chAilftels 
of the said A. B* found within your precinct,^ and the 
isame sum when levied to pay to the subscriber, fb be 
disposed of accordiVig to faW. And for want of stieh 
goods or chattels of the said A. B. to take the body 
of the said A.B. and him commit unto the gaol in 
and the keeper of said goal is hereby commanded to 
receive the said A. B. into his custody, and him de- 
tain in said goal until he pay the aforesaid sum of 
with fifty cents more for this' warrant, together with 
all fees, or until he be discharged by order of law. 

Herein fail not, and make due return of this war- 
rant, with your doings therein, unto the subscriber, 
within sixty days next coming. 

Given under my hand and seal at in said coun- 
ty, the day of A. D. 

J.P.»» 

^^ That the said warrant of distress shall be served and 
executed in the same way and mattne^ as ezecutiont 
against the body and personal estate are by law to be 
served and executed, and the officer serving the same 
shall be entitled to demand the same fees as lie may law- 
fully demand for the service of such executions and oo 
more.*' ' 

The statute of June 2i, 1814, enacts, " that from apd 
after the passing of this act, no license or permission 
granted by any justice of the peace, shall be available in 
law to any person or persons found travelling within this 
state on the first day of the week, commonly called the 
Lord's day, in the styl^ and capacity of a teamster, or 
earlier, with any team or carriage of burthen, or to any 
person or pexsons found travelling on said day in the 
stile and capacity of a drover, with any horses, cattle, or 
other beasts : but all such licenses or permissions, so 
granted as aforesaid, by any justice of the peace, to anv 
such teamster, carrier. Or drover, shall be utterly null 

9* 



90 



Pr^foMiim^ pf <^ S^kkaiki 



and void ; aav law, usage or custom to the cootrar j set* 
wltbatan^Dg.'' 

For the forms of the proceediogs in prosecntiims (or 
profaolog the Sahbath^ seeN.. H. Jsstice^ 160. 



( 91 ) 
CHAP. VII. 

Of TaJLBMtAan&j 8XBTA8 AND MXnXJklS* " 

The Statute of Febraary 15, 1791, enUtled '^an act 
regulating marriages and for the registering of mar- 
riages, births and burials/' enacts, ^^ that every ordained 
minister of the gospel, in the county where he is^ settled 
or' hath his permanent residence, and in no other place, 
and every justice of the peace, in the county lor which 
he is commissioned, and in no other placed whatsoevery 
aball be and hereby are authorized and empowered td 
solemnize marriages, between persons who may lawfully 
edter into that relation.'' 

*^ That all persons desiring to be joined in marriage, 
shall have such their desire or intention published at three 
several public meeting days, or three sabbath days, in the 
respective towns or places where the parties so desiring 
to be joined in marriage dwell or reside, by the clerks of 
such towns or place^ and the persons desiring to be join- 
ed in marriage, shiffl produce to the justice or minister 
who shall be desired to marry them, a certificate of such 
publishment under the hand of the clerk or clerks so pub* 
lishing them, and in case either of the parties desiring to 
be married live in a town or place where there ^all be 
DO clerk, then publishment shall be made in the town or 
place ne^t adjoining, in manner as aforesaid." 

'' That if any justice of the peace or minister shall 
join uaty persons in marriage without a certificate as afore* 
said ; or shall otherwise than is expressly allowed by this 
act join any persons in marriage, they shall severally for- 
feit and pay the sum of twenty pounds, to the use of any 
parent, master, guardiauf or next friend to either of the 
parties so married, who may sue therefor in any court 
proper to try the same. And if any person not authoriz- 
ed and empowered to solemnize* marriages by this act^ 
shall jpin any persons in marriage, whether with or with* 
out publishment, and be convicted thereof in the superior 
court of judicature, upon indictment, he shall be subject* 
ed to pay a fine at the discretion of the court to the use of 
the county where the offence may be committed ; the fine 
not to exceed one hundred pounds lor be less thaatUrty.*' 



02 Marriages^ BirAt^ and BuriaU. 

^^ That erery jastice of the peace, minister of the gos- 
pel, and clerk of the people called Friends pr Quakers, 
shall make and keep a particular record of all marriages 
solemnized before them respectively, and shall in the 
month of March every year,make a return to the clerk of 
the town or place where isoch minister, justice, or clerk 
of the society of the people called quaken lives, of Ihe 
names (both cbnstian and surnames) of aH persons w^o 
have been by or before them respectively joined in mar- 
riage, within the year last past, and the places of thejr 
abodes, and the time when the^ were joineil fogethter in 
^ marriage. And the 'persons joined in marriage by any 
' minister or justice, sh^li pay therefor to the sail minister 
•r justicie the sum of six shilliDgs." 

^^ That the clerk of every town or place shall recefd 
In the book of records, belmiglng to such town xjt place, 
all certificates of marriages retttmed to him asafoi^safid, 
and the said minister, josdce, or clerk of the^soclety of 
the people called qeakers^ shall pay the said town clerk 
for every marriage by them respectively Petomed or cer- 
tified, four pence as a fee for recoading the same.'* 

«^ That the clerk of every iown%nd place In this state, 
shall record births and burials, and all persons concerned 
are to give notice of such births and burials to the elerk 
within one month, and pay two pence for every Mrth or 
burial by the sdd clerk recorded.*' 

*^ That nothing in tins act «hall l>e constroed to affect 
the right of the people called quakers, to solemnize nar> 
riages in the way and manner usually practised in their 
meeting $ but all such marriages so solemnized shall be 
good and valid in law, any thing in this act to the contra- 
ry notwithstanding." 

^^ That any ministe^r, justice^ of cterk of any society of 
the people called quakets, who shall neglect to make the 
return of the marriages by or before them solemnized^as 
before meDtiuned^ to the town clerk, shall for every neg* 
lect severally forfeit and jpay to any person who will see 
for the same the sum of forty shillings ; and if any par- 
ent shall neglect for one year after the birth of any child 
to make return to the clerk of tho town or place in which 
such child is born of the tiibe 6f the birth of soch child, 
the person so neglecting shall forfeit and pay tte person 
suing for the same the 8«m of twenty shilll^aps." 



■■'"■" ^'^"'^'^•'''^^a^i^^^^^m^^mmmm^^^fmK^mmmm^m^t^mmmm^mmtm 



(93) 



CHAP. Vlft. 

OX" aSASTBBS AND APP3UIKTX0BS. 

The statute of December i{8^ 1805, entitled ^^an^ct 
to secure to mststcrs and apprentices bound by deed or 
indenture iheir mutual privileges,'' enacts, ^^ that roiaors 
of the age of fourteen years or upwards, may be bound 
.'by deed or indenture, as apprentices to the age of twen- 
ly-one years, by their father ; or in case of his decease 
by their mother or guardian, having the minor^s consefil 
expressed in the indenture. And any minor having no 
iather, mother or guardian, may by deed or indenture 
tnod himself, with the approbation of the selectmen or 
the overseers of the poor, or a major part of them, of the 
town where said minor belongs : Provided, that in every 
case there shall be two indentures of the same tenor and 
form executed by bo|h, one to be kept by each party. 
And when any are bound by the selectmen or overseers 
of the poor, they shall express their approbation there- 
on. and sign the same. And all contracts which shall be 
made by any parent, guardian, selectmen or overseers, or 
by any minor for himself pursuant to this act, shall be 
^odd and effectual in law against all parties.'' 

^* That if any apprentice bound as aforesaid shall de- 
part from the service of his said master, it shall be law* 
fill for the master of said apprentice to empower any 
aod all persons (by giving public notice in any new^pa^ 
per or by posting up advertisements in public places) to 
apprehend, detect, and bring back said apprentice to the 
place of bis duty : in which case the necessary expense 
shall be defrayed by the*«aid master, to be recovered by 
him of said apprentice's parent or guardian, together 
with the reasonable danaage he may have sustained by 
said apprentice's absconding or leaving his service, and 
the same shall be a proper article of charge in his guar- 
dianship account." 

*^ That it shall be the right and duty of all parents and 
guardians^ selectmen or overseerS) as the case may be, to 



94 Masters and Apprentices, 

inqaire into the usage of such minors and defend them 
from the cruelties, neglects, or breaches of covennnt of 
the said master ; and such parents, guardians, selectmen 
or overseers, in case of breaches of the contract as abore^ 
may complain to any justice of the peace in said county, 
of any personal cruelty, ill usage, neglect or breaches of 
covenant, and the justice, after having duly notified the 
parties, shall proceed to hear and determine such com- 
plaints, and if the complaint shall be supported, the 
court may render judgment that the said minor be dis- 
charged from the obligation and service of hii said mas- 
ter, and the said master to pay costs of court, and all daai- 
«ge the said apprentice may inthe judgment of the court 
have sustained from uny cruelty^ ill usage or neglect of 
hi9 said master, or from any personal abuse of the mas- 
ter, or from others the said master may have countenaDC- 
ed in abusing said apprentice, and execution may be issu- 
ed accordingly ; but if said complaint shall not be sup- 
ported, the court shaU award costs to the respondent" 

'^ That in case any apprentice shall lay violent hands 
on, strike or violently abuse his sai4 master, his master 
on complaint may have him tried before some justice of 
the peace of said county ; and if it shall be made to ap- 
pear that said apprentice is guilty in manner and form 
as shall be represented to said court, said apprentice, his 
parent or guardian, shall pay all damages his said master 
may have sustained by any such abuse, violence or inju- 
ry, and costs of court. And any such conduct may acquit 
the said master from all obligations he may be under to 
said apprentice, his parent or guardian, if the master 
chooses to give up the indenture which he has entered 
into with the pardes.^' 

^^ That if any apprentice bound as aforesaid shall be 
guilty of any gross misbehaviour, wilful neglect or refu- 
sal of his duty, and persist therein afller being suitably 
remonstrated with by his said master, he the said master 
may complain thereof to any justice of the peace in said 
county, whereof, he is an inhabitant, and the said justice, 
«fler duly notifying said apprentice and all persons cov- 
enanting on his behalf, shall proceed to hear and decide 
on such complaints ; and if the said complaint shall be 
supported, he may render judgment that the master shall 



'Mattert and Apprenticef. 9B 

be discharged from the contract or coreDaot he maj be 
under to «aid appreDtice, his parent, guardian or select- 
men, as the case may be ; and the cost shall be paJd bj 
the said parent, gaardian or minor/' 

^^ That when it shall be made to appear that the ma»* 
ter of any apprentice has been negligent in teaching or 
cattsing any apprentice to be taught the art, trade or pro* 
fessiofi he became obligated to teach him, the same shall 
be actionable in any court of law suitable to try the same^ 
and the court shall award such damage^ to said apprentice 
as he shaU make to appear in the judgment of said court 
after he shall become of age, and execution may issue 
accordingly against such master/' 

^^ That in case any person or persons shall persuade or 
entice away any apprentice from the service of his mas« 
ter, or secrete^ convey, send or carry off any apprentice 
either by sea or land, or cause any apprentice to leave 
his said master so as to deprive Rty master of (he sei^ 
vice of any apprentice, such person or persons thus se- 
creting or conveying away any apprentice as above,shall 
make good all damages to said mastf^r, besides paying a 
fine to the use of the county of not less than five dollars 
or more than one hundred dollars, as the guilt or aggra- 
vation of the case may be made to appear in the judgment 
of any court proper to try the same." 

^' That no covenant of apprenticeship, entered into by 
liny minor, his parent, guardian or selectmen,as the case 
may be, for the purpose of such minor's learning any 
trade, mystery or art, and made to any master, shall be 
binding on such minor, parent or guardian, &c. after the 
decease of the master; but on the death of such master, 
the said covenant shall be deemed null and void irem that 
time, unless when it shall so happen that the apprentice's 
time agreeably to contract shall have nearly expired ; in 
this case it shall be optional with the apprentice to tarry 
his time out in the service of the widow, or the executor 
or'administrator of his said master's estate, and thereby 
become entitled to all the gifts, grants, engagements and 
promises set forth and specified in the indenture of ap« 
prenticeship ; and the same shall be paid out of the estate 
o( his said master, as thougl^ the master had lived until 
hit apprenticeship had expired." 



96 Masters and ApprenHca, 

FORM NO. I. 

Form of an indenture to Innd an apprentiee. 

» 

This indenture witnesseth, that A. B. of &c. 

hath put and placed, and doth by these presents put 
and bind out his son C. B., and the said C. B. doth 
hereby put, place, and bind out himself as an appren- 
tice to R. P. to learn the art, trade or mystery of 
the said C B, after the manner of an apprentice^ to 
dwell with and serve the said R. P. from the day of 
the date hereof, until the day of which will 

be in the year of our Lord one thousand eight hundred 
and at which time tho said C. B. if he should be 
living, will be twenty-one years of age. During all 
which time or term, the said apprentice his said maa- 
terrshall well and faithfully serve, his secrets keep, 
and all his lawful commands every where at all timet 
lawfully obey ; he shall do no damage to his said mas*^ 
ter nor wilfully suffer any to be done by others ; and 
if any to his knowledge be intended, he shall give his 
master seasonable notice thereof. He shall not waste 
the goods of his said master, nor lend them unlawful- 
ly to any ; at cards, dice, or any unlawful game he 
shall not play ; fornication he shall not commit, nor 
matrimony contract during the said term ; taverns, 
grogshops, or places of gaming he shaU not haunt or 
frequent ; from the service of his said master he shall 
not absent himself, but in all things and at all times he 
shall carry and behave himself ds a good and faithful 
apprentice ought during the whole time or term afore- 
said. 

And the said R. P. on his part, doth hereby prom- 
ise 9 covenant and agree to teach and instruct the said 
apprentice, or cause him to be taught and instructed 
in the art, trade and calling of a by the best way 
or means he can, and also to teach and instruct the 
said apprentice,or cause him to be taught and instruct- 
ed to road, write, and cypher as far as the rule of 






f 

Masters and Aapprentiees, 9^7 

three, if the said apprentice be capable to learn, and 
shall well and faithfully find and provide for the said 
apprentice good and sufficient meat, drink, clothing, 
lodging and necessaries fit and convenient fof* such dn 
apprentice during the term aforesaid ; and at the ex- 
piration thereof) shall give unto the said apprentice 
two suits of apparel, one suitable for the Lord's daj« 
and the other for working days. ' 

In witness whereof, the said parties have hereunto' 
interchangeably set their hands and seals the 
day of , 182 . ' 



Signed, sealed and delivered, 
in presence of 



A. B. & seal. 
C. B. & seal. 
R. P. & seal. 



FORM NO. II. 

Form of the Selectmen's approbation. 

The undersigned selectmen of the town of C. do 
hereby express^ our approbation of the binding of the 
within named A* B. an apprentice to the within nam- 
C. D. according to the form and ejQfect of the within 
written indenture. 

Given under our hands this day of 

A.D.I 82. " P. G. 

H.I. , 
K. L. 

FORM NO, III. 

Fomt of a complaint in the name of Selectmen against 
a master for abwe of his apprentice. 

To A. J5. Esquire, one of the Justices of the Peace in 
and for the county of Rockingham. 

C. p., E. F.| and G. H. selectmen of the town of 
ChesteFj in said county, complaioi and give the said jut- 
' 10 



99 Masters and Appreniiees» 

tice to understand and be informed, that on the first 
dajr of January in the year of our Lord eighteen hun* 
hred and twenty-four, L. M. ab infant under the age 
of twenty-one years, having no father, mother or guar- 
dian, did by indenture with the approbation of the se- 
lectmen of said Chester duly expressed thereon bind 
himself as an apprentice to O. P. of said Chester, 
carpenter^ to learn the art, trade and mystery of a car- 
penter, and to serve the said 0. P. from the said first 
day of January until the tenth day of June in the year 
of our Lord one thousand eight hundred aiid twenty- 
seven, when the said L. IVl. may arrive at the age of 
twenty-one years; and that on the first day of January 
the said L* M. went to reside with the said 0. P. un- 
der said indenture, and has ever since resided with and 
faithfully served the said O. P. as an apprentice, yet 
the said 0. P. unmindful of his duty as a master, on 
the twenty-sixth day of December in the year of our 
Lord eighteen hundred and twenty-six at said Chester, 
without any just cause, misused and ill-treated the said 
apprentice by most cruelly beating, wounding and im- 
prisoning him and by wholly neglecting to supply him 
with necessary meat, drink and clothing and to teach 
him the said art and trade of a carpenter, as by the 
said indenture the said O. P. was bound to do. 

Wherefore thie said C. D., E. F. and 6. H- select- 
men as aforesaid, pray that the said 0. P. may be 
summoned to answer to this information, and that jus- 
tice may be done in the premises. 

G.H. 
CD. 

Chester, January S, I8S6 




\ 



Musters and Apprentices. 9f 

FORM NO. IV. 

F^rm of thfi summons of a master to answer to the in- 
formation. 

STATE OF NEW-HAMPSHIRE. 

Jlockinghapi^ ss. To the sheriff of said county^ or his depu- 
^^•^^ \ ^y, or to. any constable of the town of Phester^in 
^' *• \ said county^i - 

"^"^ - Greeting. 

Whereas information and complaint has been mad^ 
to me A. B. one of the justices of the peace in and 
for said county 9f Rockingham, by C. D., E. F. and 
6. H. selectmen of the toi^n of Chester aforesaid, 
that on the first day of January in the year of our 
Lord eighteen hundred and twenty-four L. M. an in-* 
fant under the age of -twenty-one years^ baying no 
father, mother nor guardian, did by indenture with the 
approbatioa of the selectmen of said Chester duly 
expressed thereon, bind himself as an apprentice to 
O. P. of said Chester, carpenter, to learn the art,trade 
and mystery of a carpenter and to serve the said 0. P. 
from said first day of January until the tenth day of 
June in the year of our Lord eighteen hundred and 
twenty-seven, when the said L. M. may arrive at tha 
'age of twenty-one yearn; and that on the said first day 
of January the said L. M. went to reside with tha 
said O. P. under said indentures, and has ever sinca 
resided with and faithfully served the said O. P. as 
an apprentice, yet the said O. P. unmindful of his du- 
ty as a master, on the twenty-sixth day of December 
in the year of our Lord eighteen hundred and twenty- 
five, at said Chester, without any just causCf misused 
and ill-treated the said apprentice by most cruelly 
beating and wounding him, and by wholly neglecting 
to furnish him with necessary meat, drink and cloth- 
ing, and to teach him the art, trade and mystery of a 
carpenter, as by the said indenture the said 0. r. was 
bound to do. 

You are therefore required in the naqoe of tha 
State of New-Qampshire to summon the said O. P. 



1 00 Masters and Apprentices. 

» 

to appear before me the said justice at' my dwelling 
house in laid Chester, on Monday the twenty-third day 
of January next, at ten of the, clock in the forenoon to 
answer to the said information. 

Hereof fail not, and make'due return of this writ 
with your doings therein unto myself on or before the 
said twenty-third day of January. 

Dated at Chester this second day of January ipthe 
year of our Lord eighteen hundred and twenty- five. 

A. B. 

The summons ought to be served at least fourteen days 
before the day of trial, x 



FORM NO. V. 

Form of the officer^ $ Return. 

Rockingham, ss,— Chester, January 3, 1828. 

I hav^ summoned the within named O. P. to appear 
at the time and place within mentioned by leaving at 
his last and .usual place of abode in said Chester an 
attested copy of the within summons with an attested 
coipy of this return. 

W. Y. Constable of Chester. 



FORM NO. VL 

Form of a judgment discharging an apprentice. 

Rockingham, ss. Before A« B. Esquire, one of the 
justices of the peace for said county of Rockingham, 
at his dwelling house in Chester in said county, on the 
twenty-third day of January, A. D. 1826, at ten of 
the clock in the forenoon, C. D., E. F. and G. H. se- 
lectmen of the town of Chester aforesaid, complain- 
ants against' 0. P. that on the first day of January A. D. 
1824, L. M. an infant under the age of twenty*one 
years, having no father, mother, or guardian, did by 



Marten and Apprentices^ 101 

indenture with the approbation of the selectmen of 
said Chester duly expressed thereon bind himsejf an 
apprentice to 0. P. of ^aid Chester, carpenter, to 
learn the art, trade and mystery of a carpenter, and 
to serve the said Q. P. from said first day of January 
until the tenth day of June, A. D. 1827, when the said 
L. M . may arrive at the age of twenty-pne years, and 
that on said first day of January the said L. M. went 
to reside with the said 0. P. under said indenture, and 
has ever since resided with and faithfully served the 
said O. P- as an apprentice, yet the said 0. P. un- 
mindful of his duty as a ' master, on the 26th of De- 
cember A. D. 1826, at said Chester, without any just 
cause misused and ill-treated the said apprentice by 
most cruelly beating, wounding and imprisoning hiio^ 
and by wholly neglecting to supply him with necessa- 
ry meat, drink and clothing, and to teach him the said 
art and trade of a carpenter as by the indenture the 
said 0. P. was bound to do. And now the said se- 
lectmen appear and the said O. P. comes and says he 
is not guilty in manner and form as is alleged in said 
complaint, and thereof puts himself upon trial and 
the said selectmen do the like. All which being seen 
and the parties aforesaid fully heard, it appears to me, 
the said justice, that the said complaint is fully proved, 
and that the said 0. P. is guilty as is therein alleged; 
Jt is therefore considered by me the said justice, that 
the said L,. M. be discharged from the obligation and 
service of the said 0. P. and that the said complain- 
ants recover for the use of ihe said L. iVl. from the 
said 0. P. the sum of ten dollars damages, and costs 
iaxed at five dollars. 

, A. B. Jwtice of ike Ptact. 



(.lot) 



CHAP. IX. 

OX" THS IsJLWB BtABS TO PRBTTXIKrT TBB 

sp&sADzira or trb smaiiXi poz. 

The statute of February's, 1789, entitled "an act to 
prevent the ^spreadibg of the small pox,^' &c. enacts, 
'^that if at any time it shall happen that the smali-pox 
shallbreak out in any town, parish or place, in this state, 
the selectmen of such town, parish or place, or the raa* 
jor 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 
plaice remote from inhabitants, provided that no person 
or persons shall in any case whatever, be removed, un- 
less the physician attending him, her or them so infect- 
ed, shall be of opinion that such removal will be safe, 
and no ways dangerous to the life of such person or per- 
sons." V 

'^That if any person from and after the passing of this 
act, shall with intent to spread the small-pox, and commv* 
nicate the same to any person, bring any infectious matter 
into the state, or shall U9e such infectious matter so as to 
communicate the same, or shall presume to inoculate him 
or herself, or any other person with the sm^ll-pox, or 
shall be inoculated therefor, each person so offending, 
shall pHy a fine of fifty pounds of lawful money, to be re- 
covered by bill, plaint or information before the superi- 
or 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, *4hat when- 
ever«ny 8hip,or other vessel shall arxive 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^ 
OB board any goods which may reasonably be apprehend^ 
ed to have any infection of such diseases, it shall be Ibft 
duty of the master or commander of such ship or vessel 

«■■■■■ ■ ^, 1 ■ ■*■■■ . , ■■■ — I ■ I ■! «■ ■,■■ ■ 

* Jv^tioes of th« court of Common Fllas are hisre intended. 



|ia»a«B^i II p-^^^p^H^rw- I ■■ ^^-^^^m^^mi^I'Vmgmr^ 



Small P0X. 10S , 

togtveHmmediate information thereof to the seiectmeD 
of Portsmouth, and it shall be the duty of the selectmen 
of Portsmouth, upon information of the arrival of spcb 
ship or vessel, and they are hereby empowered immedi- 
ately to take SQch prudential methods and precautions as 
to them appear necessary, to prevent the spreading such 
infection, and may order and appoint ihe distance at 
which such ship or vessel shall lie from the shore, and 
shall have power to lemove 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 ara 
hereby further empowered to forbid oi* prevent any per* • 
son coming on shore from such ship or vessel, or any ^ 
geods being landed from the same until such precautions 
be taken as the publick safety may to th^m 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, un- 
der 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 afore- 
mentioned act is provided for the recovery and appropri- 
ation 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 
pl^ce as the selectoven 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 pbwer fo 
seize and keep any goods landed from such vessel, with- 
out such leave, until they ?hall 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 select- 
men shall have pow«r to sell so tnuch of the goods as 
win defray the reasonable chargesr of seizing, keeping 
and cleansing the same." 

The same statute further provides '4hat whenever any 
person shall break out with- the smajl pox in the natural 
way, in any tawn within Ihis state, and in the opinion of 



i ' 



i 

\ 

V 



i04 PoH Chddm 

the seiectmeD, he majr withoat danger remain withoat 
communicating the disorder to any bat his own family — 
and 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, who 
with the physician shall not in such case be liable to the 
penalties of this and the afoiementioned acf 



CHAP. X. 



OF VBJB ZiA'WS nSSOLVlKa TO POST 6>irZD&8. 

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 tnis state, a monument or post- 
guide at least ten feet high, which shall consist of mat^ 
rials of such angular form as shall correspond with the 
angle made by the intersection of the roads as aforesaid i 
und on each post-guide to be erected as aforesaid, or on 
the appendages thereof, shall be engraved or painted if 
legible characters, the name of ^he next adjoining towh 
and towns, to which such roads respectively lead : as also 
the names of such other, towns as may be thought proper 
triith the estimated number of unties to ail such towns 



■^^ 



Pott Gmdes. 



105 



' respectively, in figures. And a» 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 en- 
grayed 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 pla- 
ces 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 per- 
sons to superintend the erecting and repairing the same." 

^'Thatif 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 here- 
in prescribed for the space of twelve months from and 
after the first day of June next, or for the space of any 
four months af^er the expiration of said twelve months, 
they shall for eyerj such peglect, pay a fine of twenty 
^shillings." 

"That if any person shall throw down, demolish or de- 
face 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 ol 
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." 



( 106 ) 



CHAPTER XL 

OF THB XdBL'WS RBOnXiATZNO FBNOB&. 

The statute of February 8, 1791, entitled "an act rel- 
ative to common fields, and regulating fences," enacta^ 
"that the inhabitants of every town and place in this 
stale, at their annual meeting for the choice of town oflS- 
cers, shall qhoose fence vievircrs, who shall be freehold- 
ers, 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 estab- 
lish 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 en- 
joined upon them. And every fence by them or the ma- 
jor part of them' adjudged good and si^fficient, shall be 
considered as legal and sufficient to all intents and pur- 
poses.^' 

"That the owners or occupants of lands under im- 
provement, 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 &uch partition fence hath been mad6, and the. 
persons whose duty it is to make and maintain such fenqe, 
cannot agi^ee oii a division of the same, the fence view- 
ers 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 upouy 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, th^y having been 
duly notified to attend, ^ and no sufficient excuse bqing 
made for their' non-attendance, shall proceed to make di^ 
vision of such fence, and shall set 'the same down in wri- 
ting, and charge half their fees to each party, and shall 
deliyer or leave with each party a copy of such wri* 
ting^igned by themi with a minute of their fees 



^•^ 



Feneet, - 107 

eh&rged to each party as aforesaid ; and siich diyision, 
and division made in writing by agreement of the parties, 
shall be binding upon such parties, and the succeeding 
occupiers of such lands, and they shall forever after be 
obliged to maintain the part allotted and assigned af ^ 
aforesaid, unless a new agreement should afterwards oth- 
erwise establish a division. And in all cases where di- 
vision shall be made as aforesaid, or where division shall 
have been made by agreement of the parties, if either 
party shall neglect to build and make a sudlicient fenca * 
on hiisi part, or, shall neglect to keep the same in good re« 
pair from tirae to time, the party aggrieved thereby, may 
apply to the fence viewers, who shall repair to the place, 
and if they are of opinion that the fence, if there be any, 
is sufficient, or if there be none, that there hath been a 
division either in manner aforesaid, or by agreement of 
parties as aforesaid, they shall notify in writing the di»- 
linquent to build or repair his part of the fence within 
the term of six days, or within such term, which shall 
never be less than six days, as they, considering the sea- 
son of the year, and the labor to be done, may think just 
and reasonable. And where division shall be made by 
fence viewers, they may do this at the time of their ma- 
king such division ; and if the party shall neglect to build 
or repair that part of the fence which belongs to him to 
build or repair, within the time so ordered and allowed 
by the fence viewers as aforesaid, then the party a^ 
grieved thereby and injured by such neglect, his own 
part of the fence being in good repair, and so adjudged 
iy the fence viewers, may build or repair the part of 
him so neglecting, and the said fence viewers, if they 
adjudge the part so built or repaired sufficient, shall esti- 
mate and appraise the same, and thereto add their own 
fees, and shall express and set down such their appraise- 
ment and the amount of their fees In writing, and shall 
•ign the same, and the person so building or repairing, 
shall have a right to demand and receive double the said 
amount of the occupant, lessoi or freeholder of the land 
where the said fence was deficient, at his election, togetb- 
efr with the cost of suit. That previous to the com- , 
mencement of any such suit, he shall demand the said 
double amount of the person against whom he bhall 
foake his election.^' 



108 Fences. 

^^That when one of the owners of lands adjoining'^ 
shall have begah to implrove hefore the other, and shall 
have built a fence OQ the diyisional line between them, 
. and aAerwards the other shall inprove and shall be ad- 
vantaged thereby, the occupant, lessor or freeholder of 
•Qch land last began to be improved, shall pay lor one 
half of the partition fence between them, according to 
the value of it at the time he shall begin to improve,^ 
such value to be ascertained (in case they cannot agree 
amongst themselves ) by the fence viewers, on applica- 
tion of either party, the other being notified to attend at 
the time of making such appraisement, tvl^ch shall be 
•et down and expressed in writing, and be signed by the 
fence viewers making the same, and delivered by them 
to such of the said parties as will receive the same. And 
if such occupant, lessor or proprietor as aforesaid, shall, 
after notice as aforesaid, and demand made, for the space 
of thirty days neglect to pay for a moiety of such fence, 
the proprietor of such ^ fence, or person who made the 
same, shall, and may recover double the sum so ascer- 
tained, by special action on the case, against such occu- 
pant, lessor or freeholder notified and requested as afore- 
said." 

^^That when one party shall cease to Improve his land, 
or shall lay his enclosure before under improvement, in 
common, he shall not have a right to - lake away his part 
of the fence, but shall have a right to the value of his 
part from the owner, occupant or lessor of the lands ad- 
joining, he continuing to improve, and if they cannot 
agree on the value of such fence at the time of his so 
ceasing to improve, the same shall b^ determined and asr 
certained by the fence viewers in manner aforesaid, and 
on neglect of payment after demand actually made, for 
the space of thirty days, the said party so ceasing to im- 
prove, shall recover the full value ascertained as afore- 
said, of the occupant, lessor or freeholder, by action on 
the ckse with cost of suit." 

'^That when any damage shall happen to any owner or 
occupant of land, by reason of deficient fence which it 
was the duty of the owner or occupant .of the land ad- 
joining to boild or maintain, then such person whose du- 
ty it was to build or maintain such fence, which bath 
. proved to be so insuffiftient, shall be liable to make good 



/ 



Fences. 109 

all sach damages, to be recovered by special action on 
the case." 

^^That when anj damage shall be done to any person, 
whose fences are insufficient, and such damage shall hap- 
pen through such deficiency of fence, by swine yoked 
and. ringed according to law, horses fettered, and other 
creatures not prohibited^rom feeding on the highways or 
commons, the person sustaining such damage may not im- 
pound the creatures so doing damage, nor shall he recov- 
er any damages therefor." 

"That if any fence viewer shall neglect to attend, and 
do any of the duties enjoined upon him by law, he shall 
forfeit and pay the sum of thirty shillings to any pei;son 
who shall sue for the same." 

*^Tbat each fence viewer shall be allowed four shillings 
per day for his services, and two shillings for any time 
less than a da}', and in all cases except when the same is 
otherwise ordered and directed, the fees shall be paid by 
the parties interested, and in all cases where the party or 
parties whose duty it is to pay the fence viewers for 
their service, shall neglect to pay the same for the 
space of thirty days after the service done, they may re- 
cover double fees by action on the case, and each fence 
viewer may be a witness for or againSjt another ,fence 
viewer, who was concerned with him in the same busi- 
ness or service." • 

"That in all cases before mentioned, where fence view- 
ers shall make a division of fence, or shall estimate the 
value of any fence made or repaired, they shall make 
oath that in doing it they have acted impartially, upright- 
ly and according to their best skill and judgment, and the 
same being recorded with the justice's certificate there- 
on, in the book of records belonging to such town^or place, 
by the clerk thereof where the original is lost, an attest- 
ed copy frotn such records shall be used instead thereof; 
and shall be of equal validity with the original." 

FORM NO. I. 

The form of an agreement tnade by owners of adjoining 

lands to divide the fences. 

Memorandum. It is agreed by and between A. B. 
w Chester in the county of Rockingham, yeoman, and 



110 , Fences. 

C. D. of the same Chester, gentleman, that the fence 
between the farm of said A. B. in said Chester on 
which he now resides^ and the farm of the said C. D. 
called the Chase place shall be divided and that the 
part of said fence v/hich is as follows, to wit: begin- 
ging at , and running to shall forever hereafter 
be maintsiined and kept in repair by the said A. B« and 
his heirs and assigns; and that the part of said fence, 
•which is as follows, to wit: beginning at -and run- 
ning to shall for6ver hereaftei b^ maintained and 
kept in repair by the said C. D. and his heirs and as- 
signs. 

In witness whereof we have hereunto set our 
hands, this day of . A. D. 

A. B. 

CD. 



FORM NO. 11. 

Fomi of a notice to be given to the parties by the fence- 
viewers before they proceed to make a division. 

To A. B, of Chester in the coufiiy of Rockingham^ yeoman^ 
and C. D, of the same Chester^ gentleman. 

You are hereby notified that application having been 
made to the undersigned, the lence-viewers of the 
said town of Chester to make a division of the fence 
between the farm on which the said A. B. now re- 
sides and the farm of the said C. D. called the Chase 
place, we shall attend, for the purpose of making a 
division of said fence on Monday the day of / 
instant, at ten of the clock in the forenoon at said 
fence, when and where you may be present and be 
heard on the sabject if you see cause. 

Given under our hands this day of A. D. 

W. H. 

CM. 

A notice in this form ought to be read to the parties re- 
spectively or be left at. their respective places of abode 



Fences, 111 

a reasonable time previous to the day appointed. It will 
be the safest cours,e to give at ie&st seven days notice ex- 
clusive of the day appointed. 

FORM NO. III. 

Form of a division of a fence by fence-viewerS' 

The undersigned, the fence-viewers of the town of 
Chester in the county of Rockingham, due applica- 
tion having been made to us to make a' division of the 
fence between the farm on which A. B. of said Ches- 
ter yeoman, now resides and the farm of C. D. of 
said Chester gentleaian^ called the Chase place^ ap- 
pointed Monday, the twenty-first day of July A. D. 
1828, at ten o'clock in the forenooti at said fence, as 
the time and place fdr taking shid application into 
consideration; and having caused due notice of the ' 
said time and place to be given to the said parties re- 
spectively on the fourteenth day of the same July, we 
have this day met agreeably to said appointment; an^ 
having viewed said feilce and heard the parties and 
duly considered all the ciicumstances we have made 
and do hereby make a division of the same as follows: 
That part of said fence beginning at and running 
to we have assigned to the said A. B. to be main- 
tained and kept in repair by him his heirs and Assigns 
forever; and that part of said fence beginning at' 
and running to^ We have assigned to the said C* D. 
to be maintained and kept in repair by him his heirs 
and assigns forever, And we do certify that our fees 
for the services aforesaid amount to one' dollar, fifty 
cents of which is to be paid by each party. 

In witness whereof we have hereunto set our hands, 
this twenty first day of July A. D. 1828. 

W. H. 
C. M. 

Rockingham, rs. — July 21, 1828. - 

Then the above named W. H.andC. M. personally 
appearing made odXh that in making the division of the 



t 112 Fences, 

above named fenlce as aforesaid, they acted impar-^' 
tially, uprightly, and according to their best skiU and 
judgment, before me, C. X. Jtksi Ptact. 



FORM NO. IV. 

Form of an application to the fence-vievoers to examine a 

fence which is out of repair. 

To M, N, and O. P, the fence-viewers of the to'wn of Ches- 
ter in the county of Rockingham, 

Whereas the fence between the farm on which 
the undersigned now lives in said Chester and the 
, farm of C. D. of said Chester called the Chase place 
has been heretofore divided, one part whereof begin- 
ning at and ruuning to the undersigned is by 
law bound to maintain and keep in repair, and another 
part thereof beginning at and ruuning to the 
said C. D. is by law bound to maintain ancf keep in 
repair; ' and whereas the undersigned has always 
maintained and kept in repair the part of said fence 
which is to be by him maintained and the same now is 
in good repair; and \yhereas the said part of the said 
fecce which is by the said C. D. to be maintained is 
cut of repair and wholly insufficient; You are there- 
fore requested to examine said fence and tq direct 
the said C. D. to repair his said part of the same. 

Dated at Chester this day of . A. D. 1828. 

A. B. 



FORM NO. V. 

Form of a notice to the adverse party, 

7^0 C, D, of Chester^ in the county oj Rockingham, gentleman. 

Application having been made to the undersigned^ 
the fence-viewers of the said town of Chester to ex- 
amine the fence between the farm on which A. B. of 



Fences* * 113 

said Chester now resides and your farm called the 
Chase place, and to direct you to repair that part of 
said fence which you are hy law bound .to keep itf re- 
pair; you are hereby notified that we shall meet a^t 
the said i^nce for the purpose aforesaid on Monday the 
day of June instant, at "ten of the clock in the 
forenoon when and where you may attend and be 
heard if you see cause. 

Dated at Chester the day of June A. D. 1828. 

M. N, 
0. P. 

This notice may be served by reading the same to the 
party to whom it id directed or by leaving It at' bis usual 
place of abode. And this should always be done by some 
person who will be a competent witness to 'prove the 
fact. The service should always be made a sufficient 
time before the day appointed to give the party notified a 
fair opportunity to attend. 

FORM NO. VI. 

Form of an order of notice to be given to a party to repair 

his fence. 

The undersigned, the fence-viewers of the town 
of Chester in the county of Rockingham, application 
having been made to us to ex'imine the fence between 
the farm on which A. 6. of «aid Chester now resides 
and the farn: of said C. D. of said Chester called the 
Chase place, and due notice of the time and place of 
our meeting for the purpose aforesaid having been 
given to the said parties, met this day at said fence 
and having duly examined thel same fence we are of 
ophion that the part of said fence which the said C. 
O. is bound to repair, beginning at and running to 

is insufficient^ and that the part of said fence 
which the said A. B. is bound to repair, beginning at 

and running to is sufficient. 

11* 






■wr 



114 fenM, . 

The said G. D. is therefore direeied to repair his 
said part of said fence within six days from the day 
when he shall have had due notice of this direction. 

. Given under out handsi, this day of 1828. 

M. N. 
0. P. 

This should be served upon the party to be notified by 
reading the same to him or by leaving a copy of the same 
attested by one of the fence-viewers at his last and usual 
phce of abode. And care should be taken that this be 
clone by some person who may be a competent witness. 
A memorandum ought also to be made oi the day when 
the notice is given. 



FORM NO. VII. 

Portn of a notice to he given to a party of the time and 
place ifihen and where the repairs of a fence are to be 
appraised. 

To C. D. of Chester in the county of Rockingham, 

The Undersigned, the fence-viewers of the said 
town of Chester having been requested to appraise 
certain repairs made by A. B. of said Chester in the 
fence between the farm on which he now resides and 
the Chase place, have appointed Monday the ' day 
of instant at ten of the clock in the forenoon at 
said fence as the time and place for making said ap- 
praisement when and where you may attend and be 
heard if you see cause. 

M. N. 

O. P. 

This notice shonld be served in the same manner as 
No. 5, above. ' 



Fences, 115 

FORM NO. VIIL • 

Form of an appraisement of the repairs made in a fence. 

The undersigned the fence-vie*ers of the town of 
Chester in the county of Rockingham havitig been re- 
quested to appraise certain repairs made by A. B* of 
said Chester in that part of the fence between the 
farm on which the said A. B. now resides s^nd the 
farm of C. D. of isaid Chester called the Chase place, 
which the said C. D. is bound to keep in repair, have 
this day met at said fence for the purpose aforesaid, 
due notice having been previously given to the parties 
aforesaid of the time and plac^ ot our meeting; And 
having viewed the premises and attentively considered ^ 
the subject we do adjudge the fence repaired as afore- 
said by the said A. B. to be sui]Bcient and we do ap- 
praise the said repairs at the sum of five dollars. 
And we certify our fees for the services aforesaid to 
be one dollar and thirty-four cents. 

Given under .our hands, this day of A. D. 
1828.. ' M.N. 

0. P. 



FORM NO. IX. 

Form of an application to the fence-viewers to ascertain 
the value of a Jence buiU by one party hefort the other 
party began to Mprove his adjoining land. 

To M. K, ond O. P. ihejence-viewers of the town of Ches^ 
ter in the co-unty of Rockingham, 

Whereas the fence between the land of the un- 
dersigned, called the cow-pasture, and the land of C. 
D. called the Parker place, in said Chester, was 
built by the undersigned before the said C. D. began 
to improve his said Parker place, and whereas the 
said C. D. now improves his said Parker place and is 
advantaged by said fence, you are requested to view 
the said fence and ascertain the value thereof. 

A. B. 



_ 9 

116 Fencei, 

' t 

FORM NO. X. 

Fomx of a notice to be given to the adverse pat^ty upon an 
application as inform .ATo. 9. 

To C. D. of Cheiter in the county of Rockinghafn, gentleman. 

Application having been made to the undersigned, 
the fence-viewers of the said town of Chester, to 
exs^mine the fence between the land of A. B. of said 
Chester, called the cowpasture, and your land called 
.the Parker place, and to ascertain the value thereof, 
you are hereby notified that we shall meet at said 
fence for the purpose aforesaid on Monday the 
day of June instant at ten of the clock in the forenoon, 
when and where you may attend and be heard if you 
see cause. 

Dated at Chester, the , , day of June A. D. 1828. 

M.N. 
O. P. 

This notice should be served in the same manner as di- 
rected under form No. 5. 



' FORM NO. XL 

Form of an appraisement of a fence' upon an application 

as inform JVo. 9. 

The undersigned, the fence-viewers of the town of 
Chester in the county of Rockinghan) having been re- 
quested to appraise the fence between the land of A. 
B. of said Chester, called the cow-pasture, and the 
' land of C. D. of the same Chester, called the Par- 
ker place, have this day met at said fence for the pur- 
pose aforesaid, due notice having been previously giv- 
en to the parties aforesaid of the time and place of 
our meeting; and having viewed the premised and 
heard the parties on the subjecj^ we do adjudge that 
the said fence was on day of A. D. 1828, when 



Swine,^ ^ 117 

the sjaid C. D. i^ said to have began to improve hii 
adjoining laud, of the value of ten dollars. 

Given under our hands, this day of A. D. 
1828, M. N. 

When a party ceases to improve his land and wishes 
to have the value of the fence hetween his and the 'ad' 
joining land asceitained, the foregoing forms Nos. 9, 10, 
and 1 1 may be used with very slight alterations. 



CHAP. XII. 



or THs ZiA'ws RsaniaAmzra Bwijsnah 

The statute of June 16, 1791, entitled "an act regu-' 
latinrg swine,'' enacts 'Hhat no swine shall be suffere^d to 
go at large on any highway or common within this state, 
at any time between the first day of April and the last 
day of October aniluaily without beiivg yoked aod nnged 
accordicg tc law, on penalty that the owners forfeit and 
pay one shilling and six pence for each offeoce, to ^e re- 
covered by action of debt belbre any jastice of the peace 
by any hogreeve, or any freeholder of the town or place 
where such swine shall be found, who will sue for the 
same, with cost of prosecution, unless it appear thai such 
swjue were accidentally out of the owner's enchsure. 



118 Swine. 

And no swine shall be suffered at any time in the year to 
go at large 4n the compact part of the town of Ports- 
mouth, which is described and bounded as follows, tIz. 
beginning at the westerly side of the gaol, thence running 
southerly to the head of Pickering^s mill-pond, thence 
easterly by said pond to the river, ihence northerly by 
said river to Boyd's mill-pond, and thence to said place of 
beginning, on penalty that the owner forfeit the swine 
80 going at large, to any person who -shall take up and se- 
cure the same, unless it shall appear that said swine 
were accidentally out of the owner's enclosure. And no 
«wine in any other part of the state, shall at any time in 
the year be suffered to go at large, without a ring in the 
nose sufficient to prevent rooting, on pain that the owner 
forfeit one shilling and six pence for each offence, to be 
recovered by any hogrecve or freeholder in manner as 
aforesaid ; and no y«ke shall be accounted sufficient, un- 
less it be as much as the depth of the swine's neck above 
the neck, and half as much below, and unless the sole or 
bottom of the yoke be three times a^ long as the thick- 
ness of the swine's neck. And in case the owner of any 
swine which are found going at large unyoked , and ud- 
ringed as tbe law required, shall not be known to the 
hogreeve or freeholder as aforesaid, finding such swine, 
he shall have full power to impound them, and shall give 
no6ce in the town or place where they shall be im- 
pounded, and in two adjacent towns, by causing a notifica- 
tion thereof, with tKe natural and artificial marks (if any) 
of such swine, and by whom impounded^ to'be posted in 
some publick place in each of the respective towns afore- 
said, and if no o\yner shall appear within six days after 
such. notifications are set up, or appearing shall refuse to 
pay the penalty aforesaid, with charges of impounding 
and supporting said swine (which support every impoudd- 
er shall cause to be furnished) then the person impound- 
ing such swine may apply to a justice of the peace, who 
is hereby ordered and directed to issue a warrant of ap- 
praisement to two suitable persons to appraise the said 
swine upon bath, by him to be administered ; and the im- 
pounder may take such swine to his own use at the ap- , 
praised value, or he may expose them to sale at publick 
auction, giving tweniy-four hours notice before hand of 
the time and place of the intended sale, and be shall be 



Swine. 119 

ailawed all reasonable cost and charges for his trouble, as- 
sistance, time ib driving, charge in supporting,adyertising 
and selling or appraising said swine as aforesaid, to be ad- 
justed by the justice that grants the warrant of appraise- 
ment ; and if no owner shall appear^ and there remains 
any overplus money after the penalty and all costs and 
charges are deducted, either from the appraised value or 
the proceeds of such sale as aforesaid, as the case may be, 
such overplus money shall be delivered to the justice wlio 
adjusted the charges as aforesaid, to be by him paid to* 
the owner, if he apply for the same within one year 
from the time of his receiving the same, and in case he 
do not apply within the said time, then to be delivered to 
the overseers of the poor of such town or place where 
the impounding is, for the use of the poor of such town 
or place." 

''Tha^ it shall be the duty of the hogreeves in the re-* 
spective towns and places in this state, to see that all 
swine going at large be yoked and ringed as the law re- 
quires : and if they find any swine going at large un- 
yoked or unringed, according to law, or if complaint be* 
made to them of any such within their respective towns 
or places, in such case the hogreeve shall notify the own- 
er of the swine, if known, to yoke and ring thasame, 
and if the owner neglect so to (\o after notice givem, for 
the space of twenty four hours, then the hogreeve shall 
yoke and ring such swine as the case may require, and 
bhall have as a fee for BOtifying, for each swine in all ca- 
ses three pence, and one shilling for yokeing, aud six 
pence for Tinging every swine so by him yoked er ring- 
ed ; to be recovered by action against the said owner ; 
but if th^ owner be not known, then the swine going at 
large unyoked and unringoid shall be impounded, and pro- 
ceeded with as aforesaid by tne hogreeve, or by any free- 
holder as aforesaid, in the manner before directed." 

'^That the inhabitants of any town, may at any legal 
meeting agioge upon any method other and difi'erent from 
that mentioned and prescribed in this act (except what 
relates to the compact part of Portsmouth as before de- 
scribed, and except wliat relates to ringing ) for regula- 
ting the. swine within the same town, which regulations 
shall last for one year only, upon such pains and penalties 
as shall be adequate'to the purpose of carrying the same 
into execution." 



140 ' Swine. .. 

FORM NO. I. 

Form of a notice to be posted up when hogs are impounded. 

To all whom it may concern* 

Notice is hereby given, that four swine, to wit: 
[here describe the swine particularly^ stating the marks, 
natural and artificial if there be any] being found going 
at large in the town of Concord in the county of Mer- 
rimack, unyoked apd unringed as the law requires, on 
this 20th daji of June 1828, and th6 owner of thfe 
same being unknown, have been taken and impounded 
in the common pound in said Concord, by the under- 
signed, a freeholder of said town, where the owner or 
owners may receive the same on payment of (he pen- 
alty incurred by their being at large as aforesaid and 
the costs of impounding and supporting them. 

A. B. 

Concord, June 20, 1828. 



FORM NO. II. 

Form oj an application to a Justice of the Peace for a 

warrant of appraisement. 

To J. S. Esqidre one of the Justices of the Peace within 
and for the county of Merrimack. 

A. B. a freeholder of the town of Concord in said 
County, coifiplains, that on the twentieth day of June, 
in the year of our Lord 1828, he found four swinfe, to 
wit: [here describe them as directed in the last form] go- 
ing at large, in said town unyoked and unringed as the 
law requires; and the owner of the said swipe being 
unknown, he the said A. B. took and impounded the 
same swine, on the same day in the common pound in 
said Concord, and at the same time caused a' notifica- 
tion thereof with the natural and artificial marks of 
the said swine and by whom impounded, to be posted 



^ ■■ 



Swine* ^ Hi 

up at a public place in said Gwcord, and a like cetifi- 
cation to be posted up in a public place in Pembrokei 
and in fiow, being two adjoining towns, and more tbaa 
six days having elapsed since notifications were posted 
up as aforesaid, and no owner having appeared to paj/ 
the fine incurred by the said swine being at large as 
aforesaid, with the charges of impounding and sup- 
porting the same ; the said A. B. prays t6at a war- 
rant of appraisement may issue to two suitable per- 
sons to appraise the said swine. A. B. 

Aterrimack, ss. June 21 j 18S8. Then the above 
named A. B. appearing made oath thatthe above com- 
plaint by him subscribed is in his belief true. Be- 
fore me, H. S. Justiet of tht Peace. 



< L. S. ( 



PORM NO- III. 

Farm of a learrant of appraistmefU^ 

To C H, and G.. L, of Concord in the county of Merri' 

mack, 

ttEEETING. 

Whereas A. B. of said Concord has exhibit- 
ed to me H. S» one of the Justices of the Peace 
within and for said county of Merrimack, his afore- 
said complaint and application on oath* 

You are hereby required to appraise on oatli' the 
swine mentioned in said application forthwith, and to 
make return of your doings herein. « 

Given under my hand and seal, this day of 

A. D. 1828. H. S. Justice of the Peace. 

Merrimackf $8. June 28, 1828. Then the above 
named C. H. and G. L. personally appeared and made 
oath that they would faithfully and impartially ap- 
praise the swine mentioned in the above warrant ac- 
cording to the best of their judgment. Before me, 

H. S. JuOkepf fte Peau. 

12 



122 



. Swine. ^ 
POUM NO. IV. 



Ftfrm of' the fMum of theof^aiteirs. j 

Concord^ June 28^ 1828. In obedience to the with- 
in warrant the undei^igned upon* oath say, that the 
swine within mentioned are of the value of twenty 
dollars and no piote. * C. H. 

G. L. 



' (MS) 



\ 

\ 
\ 

\ 



CHAP. xiir. 
or •ma XiAW BBX>A¥n^fi to stbavs akb 

ZiOST O-OOBS. 

On this subject we have two, statutes, as follow : 

^^AfV Act reltttioB, to Strays^ and Lost Goods, 

• 

Sect. 1. Be enacted by the senate and house of reptt' 
sentatives^ in general court conroened^ That the person hod- 
ing any money, or goods, or finding and taking tip any 
stray bea«t, whereof the owner Is not known, sh^ll, with- 
in six days fVom the time of Ending or takingfup as aforesaid, 
give notice thereof in writing to the clerk of the town or 
.place in which such money^ |^oods or beafft were so found 
or taken up, and shall io such notification particularly 
describe the goods or beast so found or taken up, and 
shall mention therein the atnotint of the money found ; 
and the' said clerk shall enter the same in a book to be 
kept by him for that purpose; and the said person finding, 
shall also within the said term of six days, put up alike no- 
tific^ioQ in some publick place in said town or place ; 
^'aed^the said clerk shall at three publick meetings of 
sach t6wn or place, immediately succeeding, read the 
same notification given to him a!f aforesaid puhlickly in 
the same meeting,'' and if the money so found, or the 
Tulue of the g^s^ds or bieasts so found and taken up, ex- 
ceed twenty shillings, th|( said person finding or taking up 
shall also within the time bafo^ mentioned, put up a like 
' notification in some pQblick place in each of two at least 
of the adjoining towoB or places, and the person so find* 
ing or taking tip any stray beast, shall also within the said 
term of six days put a withe about the neck of such stray 
beast, and if no owner a'ppeai^etb within one month from 
tfcte time of notifying, then the person finding shaU apply 
to a justice «f the peace, wh»> shall appoint one or more 
persons, not exceeding three, tp appraise the property 
60 found, if such property be other than money. And 
the said appraiser or appraisers shall be sworn by the 



y' 



1!^4 Stratfi and loii doodw* 

said justice to the faitlifal discharge of that dlitj, and shall 
make return of such appraisemeDt to the said justice; and 
if the owue^ of any money, goods or stray beasts, do not 
appear within one year from the titne 'of the notification 
being entered with the town clerk as aforesaid ; then the 
charges incurred by the person finding, the justice^s, 
clerk's and appraiser's fees, ^d the keeping previous to 
' the appraisal, being adjusted and allowed by the said jus- 
tice, and being deducted fron^ the amount of the money 
found, or from the appraised value of the goods or stray 
beasts so found, the. person so finding shall pay a sum 
equal to' the residue to the treasurer or sel^ctmea of the 
town or place where such money, goods or !ttray beasts 
was found, to be for the use of such jtown or place,.aDd 
the person finding s^all keep the money, gooder or beasts 
so found to his own use ; but if the owner appeareth at 
any time afle^ notice given to the clerk as aforesaid, and 
shall tender to the person finding ^ reasonable - som for 
the keeping, charges and fees incurred^ to be adjusted by 
the justipe, who appointed the appraisers^ and in case 
none were appointed, then by any jitstice of the peace to 
whom the person finding may immediately apply, or if he 
doth not immediately apply, then to be adjusted by any 
justice of the peace te whom the owiyer may apply, in 
such case the owner shall he entitled to his property 
again. ^ -* 

Sect. 2. And be it further enacted, That if any pf rsoa 
>finding any money nr goods as aforesaid, or taking up any 
stray beast as aforesaid, shall neglect to notify in manner 
aforesaid, within the time hefbre prescribQ^vOi* shall neg- 
lect to put on tM withe before required to be put on, and 
to keep on the same constantly, or shall neglect to apply 
to a justice of the peace for appraisement as aforesaid, 
such person so neglecting, shall not be eip titled td receive 
any thing for his trouble or phai^es in keeping or adver- 
tising, or other proceedings with snch . money^ goods or 
strays; and shall further forfeit and pay to any persfon 
who shall sue for the same, the sum of ten pounds for er- 
ery such neglect or defiiult. 

Sect. 3. .4fid he U/urtbef enacted, That if the stray 
beast foadd and proceeded with according to law, should 
happen to die, not through carelessness or negligence of 



Sirm^ mtd loci G^dt. 1^6 

tLe penon Studaag mad keeph^ then the person findiog, 
if ever he should diacoTer the owner of soch straj beut| 
shall be entitled to recover against him all soch leasona* 
Ue costs and charges as he maj have been at before the 
death of «ach creatnre. 

Sect. 4. jIiuI he it further emaettd^ That if an v. clerk 
shall omit to do the dnty enjoined upon him by this act, 
he shall forfeit and paj to anj person who will sue for the 
same, the sum of ten pounds, to the use ot the person 
■suing. And if anj person shall take down ai^ notifica* 
ti<»i set up as aforesaid, until the expiration of one ye^r 
from the time of setting up the same, or until the purpose 
for which such notification ^as set up shall hare been 
fully answered, or if any person shall take off the withe 
to be put on stray beasts as aforesaid, during th6 time in 
which the same ought to rendain on such stray beast,every 
person so offending in either of the cases aforesaid, shall 
forfeit and pay to any person who shall sue for the same, 
to his use, the sum of two pounds. 

Sect. 5. And be it further enactecty That no person shall 
from the first day of April, to the first day of Novemberi 
yearly, take up any horse or other beast for a stray, or 
proceed with them as such within said term, though the 
' owner be not known, unless such beast be taken damage 
feasant, or doing damage in some enclosure. 

Sect. 6. And be it further enacted, That the fees for 
notifying the clerk shall be one shilling and six pence, 
and one shilling and six pence for OTery advertisement 
posted up, and if in an adjacent town it shall be two 
shillings and six pence, and the clerk's fees shalf be one 
Bhillin«^ and six pence for receiving and recording the 
notification, and six pence for each time of reading and 
notifying at a publick meeting ; and the justice shall be 
i alloWed for appointing appraisers one shilling and six 
pence, for receiving the appraisal one shilling and six 
pence, ^for recording the same and adjusting the charges 
three shillings, and the person keeping any stray beast^ 
shall be paid for putting on the withe, and keeping the 
same on, if less than six months, one shilling dnd six 
pence, if more, three shillings, and for keeping, the cut* 
tomarjr price*" 



12G Sirayi and lost Goods. 

^^An Act in addition to an aci^ entitled^ ^'An act, relaiivt to 

Stray t and lost Goods.''^ 

Sect. 1 . Be it enacted hy the senate and house of rep- 
resentatives^ in general court convened, That when any 
person or persons, iinding any money or goods, or finding 
and taking up any stray beast, whereof the owner is not 
^nown; shall give notice thereof in writings to the clerk 
of the town or place in which such money, goods, or 
beast, were so foucd, or taken up, and particularly de- 
scribe the same, according to the provisions of the act 
to which this is in addition, it shall be the duty of such 
clerk to post up an attested copy of such DOtiHcation, and 
description of such money, goods, or beast, so foond^ at 
three publick meetings in such town or place immediate- 
ly succeeding, or read the same publickly at Said meet- 
ings. 

Sect. 2. And be it furthelr^ enacted, That in case there are 
D regular j^tated meetings in such town or place, it shall 
then be the duty of such town clerk to post up an attested 
copy as aforesaid, at ^me public place in such town, 
three. Sabbath days, or three public meeting dajs, im- 
mediately succeedibg the receipt of such no.tification and 
description : and that the part of said act, to which this 
is in addition, in the following word^ to wit : *' and the 
said clerk shall, at three public meetings of such town or 
place, immediately succeeding, read the same notification 
given to him as aforesaid, publickly In the same meet- 
ing,** be, aqd the same hereby is repealed." 



FdRM NO. I. 

Farm of a twiict to the town clerk, of Goods found. 
Tq a, B. Clerk of the town of Concord. 

This is to give notice, that on the day of in- 
lAant, I found at said Concord the following articles?) 
viz: The owner of wlaich is to me unknown^ 

C. D. 

Concord, June 18, 1828 



i 



I 

/ 



T^ 



n 



Strayt and loti Goodt. \%t 

FORM NO. II. 

Form of a notice to be posted up wh^n goods are found. 

Notice is hereby giYen, that I, the underaigoed, 
found in Concord, in the coi^nty of Merrimack, oo 
the day of A. D. 1828, the following articles, 
viz: The owner of svhichis to me unknown. 

A. B. . 

Concord, June 16, 1838. 



. FORM NO. in. 

Form of an application to a Justice of the Peace for a 

warrant of appraisement. 

To C. D, Esqmre^ one of the Justices of th^ Pco,ce mthin 
and for the county oj Merrimack* , 

Shews A. B. of Concord, in said county, tliat or 
the day of A* D. 1828, Jie found in said Con- 
cord, the following goods, viz: the owner of 
which then was and still is unknown to him; that on 
the same- day of he gave notice thereof to the 
town-clerk of said Concord, and put up a notification 
in a public place in said Concord; and although more 
than one month has el|ipsed since notice was given as 
aforesaid, no owner has yet appeared; wherefore the 
said A. 6. prays that a warrant, of appraisement may 
^ issue to some suitable person or persons to appraise 
the said goods* A. B. 

Merrimacky ss. July 28, 1828. Then the above 
named A. B. appearing made oath that the above ap- 
plication by him subs(cribed is in his belief true. 

Before me, 

C. D. Justie$ of f/ie Peace. 



*• 

^ 



y 



128 ' Strays and loH Goods. 

FORM NO. IV. 

Form of the toarrant of appraisemitU. 
To C, H, of Concord in the*county of Merrimack. 



i'*^ 1 GREETUfG. 

^^^\ Whereas A. B. of said Concord, has made to 

me C; D. one of the Justices of the Peace within 
and for said county of Merrimack, his aforesaid ap- 
plication on oath: 

You are hereby required forthwith to appraise, 
on oath, the goods mentioned in said application, and 
make return of your doings herein. 

Given under my hand and seal, this day of 
A. D. 1828. 

C. D. Justice of the Peace. 

Merrimack, ss. July 28, 1828. Then the above 
named C. H. personally appeared and made oath that 
he would iaithfully and impartially appraise the goods 
mentioned in the above warrant, according to his best 
judgment. Before me, 

CD. Justice of the Peace. 



FORM NO. V. 

Form of the return cf the appraiser. 

Concord, Jvly A. D. 1828. In obedience to 
.the within warrant, the undersigned upon oath says, 
that the goods within mentioned are of the valuo of 
dollars^ and jio more. C. H. 



' 






\ t 



(IM) 



CHAP. XIV. , , 

OF VBS XiAWS BBaUXiJLTZM0 3POinn>9. "* 

Od this fubject there are two statutes, as follow: 

^^ An Act regulating Pounds* 

^' Sect. 1. Be it enacted by the senate and .house of rep- 
resentatives^ in general court convened^ That there shall be 
made and maintained in every town ip this state, in some 
conveaient place, a good and sufficient pound, to be built 
and maintAined at the expense of such town, for the im- 
pounding and restraining of al] swine, cattle, sheep or 
other creatures liable to be impounded or restrained.^ 
And if any town i&all not be provided with such pound, 
within two years from the passing of this act, they ^ shall 
forfeit and pay to any person who will sue for the same, 
the sum of ten pounds,* and the same sum for every year 
afterwards that they shall be destitute of such pound ; 
and may on indictment be fincMcl in a aum not exceeding 
five pounds in either of the cases aforesaid^ to the use of 
the county in which such town lies. And where any 
town or place shall not have such pound, any pentbn de- 
sirous of impounding any creatures doing damage, or oth- 
erwise liable to be impounded, may impound them in his 
own barn or other enclosure, taking care immediately to 
notify the owner and all concerned of the place where, 
and the cause for which they are impounded. 

Si$itrr. 2. And be it Jurther enacted^ That it shall and 
mayi)d lawful for any person to impound any swine, neat 
cattle, horses, sheep or other creatures that shall be found 
damage feasant, or doing damage in his enclosure ; swine 
found in the" highway^ or on any common land, in any 
town or place, unyoked or unringed as the law requires ; 
any neait cattle, horses, sheep or other creatures going 
on any common land in any town or place, not allowed to 
feed there by the town, or major part of the proprietors 
of such common land, who may permit the same. And 
the fees to be paid to the pound keener shall be three 
pence per head for every creature impounded, except 



130 ' Poundt. 

sheep, for which the fees shall he one peDtiv per head, 
iocluding the putting in and letting out, and^ tlie fee to 
the person ioipounding shall be four pence per mile for 
travel, from the place where the creatures impoundjed are 
foun^dtfing damage, or otherwise liable tobeimpouQded, 
to the pound ; and two pence per head for driving, if 
more than one mile, otherwise one penn^ per head, and 
the sum to be allowed for sustenance of the creatures 
impounded, shall be for cattle and horses above one year 
old, six pence per day each, for cattle and horses under 
that age, and for all pther creatures, two pence per day 
each. And it shall be th& duty of the pound keeper, 
where there is any such, otherwise the duty of the per- 
son impounding, to cause the creatures impoundedtD be 
relieved with meat and drink, suitable for such creatures, 
and upon neglecti such person shall be liable to an actioa 
by the owner of the cattle for atl damage sustained there- 
by. And the person impounding any creatures, shall 
leave with the pound keeper, in writing, aa estimate of 
the damage sustained, and done by the creatures im- 
pounded, and the amount of his feeg and charges incur- 
red. And if he shall know the owner of the creatures 
impounded, or the |ierson who hath had them last in pos- 
session or keeping, he shall, within tw*^ty-four Jioars 
from the time of impounding, cause to be delivered to 
the owner thereof, in person, or cause to be left at the 
last and usual place of the abode of such person, a noti • 
fication in writing, which shall certify the owner, of tliu 
damage ddne, describe the creatures that did it, the 
time when, and the place where the same was done, and 
the sum at which he estimates such damage^ and the 
amount of such charges and fees, as have already accru- 
ed. And the person notWying shall be- allowed onfe shil- 
ling and six pence therefor, and (wo pence per mile for 
travel from the pound to the place where such noti£car 
V tlon shall be giyeii or leit a§ aforesaid. And the owner 
or claimant of such creatures, if he will pay the damages 
done, and the charges inpurred therein, to the4)ersQn im- 
pounding, or to the pound keeper, the pound .keeper or 
person impounding shall immediately release the crea^ 
tures impounded. But if th^ owner of the creatures 
impounded shall refuse to pay the sum, at which 4he 



Poimdt. 131 

party conceiving himself injured by sach dreatuies, kas 
estimated the same damage ; then the person impounding 
may, and upon his neglect the ovyner may apply to some ^ 
justice of the peace in the same, or in an adjoining town^ 
who shall immediately notify the [(arly to appear before 
hira, at such time and place, as the said justice shall ap- 
point, which to prevent expanse to the parties litigant, 
shall be 'as soon as possible, and upon his attendance at 
the time, or in case he should retuse to attend, in either 
case, the said justice shall nominate, and after hearing 
the objections of the parties present, shall appoint one or 
more person or persons indifferent, between the parties, 
not ei^ceeding three, to appraise the damage done by 
such creatures ; and the persons so appointed, shall re- 
pair to the place where the supposed trespass was com- 
mitted, and having considered all the circumstances, and 
heard the pleas and and allegations of the parties, and 
their witnesses produced, or such of the parties as may 
choose to attend; the man or men so appointed bv the 
justice shall notify the parties of the time when he or 
they will attend the business, and when he or they 
have heard and considered the whole matter, he or 
they so appointed, or major part of them) if more , than 
two shall make return in writing to the justice, either 
that th^ party has sustained damage, and how much, or 
that such party hath sustained no damage, and the report 
shall be final and conclusive between the parties, as to 
the trespass for which the said creatures were impound- 
ed, and upon paying the sum so assessed and report- 
ed, and the charges incurred, including the fees of the 
justice and the person or persons who appraised the 
damages, to be assessed by .the justice, or upon tender of 
the same, shall be entitled to have bis creatures im- 
pounded, released from the pound. And in all cases the 
owner of the creatures impounded may, at any time 
while the creatures remain in the pound, replcvie the 
same, if h^ see cause, giving sufficient bond with good 
sureties, in a sufn equal to double the value of the crea- 
tures impounded, to prosecute his replevin before*a jus- 
tice of the peace, if the value of the creatures im- 
pounded exceed not the sum of forty shillings, within fii- 
teen days, otherwise at the- next court of ccnmon pleas, 
to be holden in the same county, and to pay all such dam* 



I2ife 



Poundt. 



ag^ea, costs and charges as may be awarded against Uin. 
Sect. 3. And be it furihtr enoLcttd^ That where thd 
owner of any creatures lawfully impounded, shall not be 
known, the person impounding shall immediately, or at 
least within twenty-four hotirs after the impounding of 
such creatures, pat up a notification at some public place 
in the town where the said creatures are impounded, and 
in two adjoining towns, containing the same as before 
required to be left with the owners of any creatares im- 
pounded, where known ; and if after the space of four 
days from the time of impounding no owner appears, 
the peison impt>unding may, upon paying the poaad 
keeper his charges for impounding and for keeping the 
creatures impounded, take the creatures impounded oat 
of the pound, and proceed with them as strays. Botif 
the owner though at first unknown appear, or if the own- 
er be known and notified as aforesaid, and doth not ap- 
pear, or appearing doth not replevie his creatures im- 
pounded, in every such case, at the end of four dajs 
from the time of the owner^s appearing in the first case^ 
or at the end of four days from the time of his being no- 
tified as aforesaid, in the latter case, the creatures not 
being replevied, but still remaining in pound, and the 
owner in either case not having paid or tendered to the 
person impounding, or the pound keeper, the amount of 
damages assessed as aforesaid, and all lawful charges as 
aforesaid, the person impounding shall, if it is not done 
already, apply to a justice to have the damages assessed) 
to be conducted and managed as before is directed : and 
the justice shall order the creatures impounded, or so 
many of them as may be sufficient to satisfy the damages 
and costs, as he may think most advantageous to the 
owner, to be sold at public auction, giving the same do* 
tice as sherifis are obliged by law to give when tbej 
shall sell any chattels to satisfy any execution, or he vaij 
order them to be appraised, In which case the person 
impounding them shall take them to his own use at the 
appraised value, and in either case, after the .damages 
and all charges are deducted, he shall pay the overplo^t 
if there be any, to the owner when he appears to receive 
it, and in case they are not *all appraised or sold at aac- 
tion, the person impounding shall keep such creatures ai 



Pounds. 133 

remain, one jear for the owner, who at any time within 
the year may' have them^ paying the person kcepiog 
them, haying respect to the risk such person rdns of 
losing the keeping hy such creatures c3ying, a reasonable 
sum for keeping ; and if the owner doth not appear to 
demand or take them and pay the keeping a^ aforesaid, 
then at the expiration of the said year, they shall be the 
property of the said person impounding them. And in 
all cases the damages to be estimated to the party im- 
ponndipg, shall only be that which hath been done by 
such creatures the last time of their being in the enclo- 
sure of the person impounding, and not any damage the 
same creature may have dope at any time previous 
thereto. 

Sect. 4. £nd be it further enacted. That if any person 
shall rescue any swine, neat cattle, horses, sheep or other 
creatures, from the possession of any person driving or 
being about to drive them to pound, the person so of- 
fending, shall, for every such offence be liable to pay a 
£ne of forty shillings, besides damage, to the person in- 
jured thereby. Andi^ any person shall make any pound** 
breach, or in any way directly or indirectly, convey pr 
deliver any creatures out of any pound, without lawful 
authority so. to do, he shall, for every such offence, for- 
feit and pay the sum of five pounds, on indictment to be 
found by the grand jury, and siiall also be liable to an ac- 
tion by the person impounding, to recover all such damages^ 
as he shall have sustained by reason thereof. And if 'any 
person convicted of either of said offences, shall be un- 
able to pay said fine and costs, the court before whom 
the conviction may be, niay punish such person by im- 
prisonment, not exceeding sixty days, or by whipping, 
not exceeding thirty stripes, at the discretion of the 
court before whom/the conviction shall be.-* 

An Act %n addition to art Act^ regulating Founds. 

Be it enacted hy the senate aad home of representatives^ 
in general court convened, That if any person shall make 
any pound breach, in any way directly, or indirectly, 
convey or deliver any creatures out of any pound within 
this state without . lawful authority so to do, or if any 
creatures legtlly impounded, shall, by any means be set 

13 



134 Pounds. 

at large, otherwise than by dae coVirse of law ^ the pound 
keeper or the person who impoanded the same, is hereb j 
authorized any time within six days from the time of 
said hreach, to retake said creatures and impound them 
again, and the pound keeper and person impoanding 
them shall have the *same fees for impounding the 
second ti{ne which they were entitled to by law the first 
time said creatures were impounded ; and the pouad 
keeper shall detain said creatures in pound until the 
damages and costs are satisfied for whiclb they were first 
impounded, with the additional cost of impounding after 
said.breach, or said creatures are otherwise released bj 
due course of law ; and if any such creatures , shall be 
found in any person's enclosure after such breach, and 
the owner of the enclosure shall refuse to deliver them 
up to the pound keeper or the person who first impound- 
ed them, upon his demanding said creatures, it shall be 
considered as sufiicient evidence against the person so 
detaining said creatures, to convict him ^ of having made 
the pound bVcach to release said creatures from the 
pound.'* 



FORM NO. h 

Form of a notice to be given to the owner of the crea* 
tures impounded^ when known. 

Mr. S. HT., 

This is to give you notice that I have this 
day impounded in the common pound of the town of 
Concord, one ox belonging to you. The said ox is of 
a chesnut<colour with a star in his forehead, was found 
this day doing damage in my close called the calf-pas- 
ture, when and where^ he did damage to'the amount of 
one dollar, end the amount of th^ charges of impound- 
ing already incurred is as follows: 

To paid pound-keeper - - jjj 0,04 

Travel 4 miles - ^- - ,24 

Driving - - , - ,06 

Keeping one day - - ,08 



Foundi. 

Notice 

In service of notice 4 miles 



Concord>Ju]v 28,1838. 



135 
,25 

0,79 
A.B. 



FORM NQ. II. 

Form of an application by a person impounding cre(Uurei 
to a justice of the peace to appoiiU appraisers. 

To J» S. Esquire^ one of the justices of the peac^ unthin 
and for the county of Merrimack, 

Shews A. B. of Concord in said county, that on 
the twenty-third day of July A. D. 18S8, he, the said 
A. B. found jn his close in said Concord, called the 
calf-pasture, an ox belonging to S. W^ of said Con* 
cord, doing damslge there ; that the damage done by 
the sanoLC ox amounted to one foliar, and for that cause 
he, the said A. B. impounded the same ox in thecom- 
mon pound in said Concord, and immediately gave due 
notice thereof t to the said owner of the ox, who re- 
fused and still refuses to pay said damage ; wherefore 
the said A. B. prays that one or more persons indiffer- 
ent between the parties may be appointed to appraise 
the damage done as aforesaid by said ox. 

A. B. 

Mevrimacky ss* July 25, 1828. Then the above 
named A. B. personally appeared and made oath that 
the matters stated ' in the above application by him 
subscribed are in his belief true. Before me, 

J. S. Justice of the Peace, 



156 Pmmdi. 

t * 

FORM NO. III. 

Form of an order of notice upon the appUcoHon te the 

justice, 

Merrimack^ ss. July 25, 1828. Upon the foregoing 
application it is ordered that the said A. B. give no- 
tice to the said S. W. to appear before me at mj 
dwelling-house in said Concord, on Monday the twen- 
ty-eighth day of July instant, at nine of the- clock in 
the forenoon, and shew cause, if any he have, why 
an appraiser or appraisers should not be appointed as 
requested in said application, by reading to the said 
S. W. the said application and this order thereon, or 
by leaving a copy of said application and order at his 
dwelling-house two days previous to the said twenty- 
eighth day of July. 

J. S. Justice of the Peace. 



FORM NO. IV. . 

Form of the warrant of (^raisemenL 

To C. If. of Concord J in the county of Merrimack, gen- 
tleman. 

< JvJ ^ Whereas an application on oath has been 
made to the undersigned, one of the justices of the 
peace within and for the county of Merrimack, to ap^ 
point one or more suitable persons to appraise the 
damage done by an ox belonging to S. W. of said 
Concord in the close of A. B* of said Concord, called 
the calf-pasture, on the twenty-third day of July, A. 
D. 1828, you are hereby appointed and directed upon 
oath faithfully and impartially to estimate the damage 
if any, which may have been done as aforesaid.: And 
you are to give to the said parties due notice of the 
time when you will attend at the said pasture for the 



Pounds, 137 

purpose aforesaid, that they may hare an opportunity 
to be heard if they so choose. .^ 

Hereof fail not ; and make a return of your, doinigs 
to the undersigned justice as soon as the business is 
completed. 

Given under ray hand and seal, this day of 
A. . D. 1828. 

J. S. Justce of^the Peace. 

.Merrimack, 88. ' July 28, 1828. Then the above 
named C. H. personally appeared and made oath that 
he would faithfully and impartially appraise the dam- 
ages mentioned in the within warrant according to his 
best judgment. Before me, 
'' J. S. Juutice of the Peace » 



FORM NO. V. 

Form of the return of the 4ippraiser, 

Concord J July Jl* Z). 1828. In obedience to 
the within warrant, the undersigned appointed this 
day at ten .of the clock in the forenoon, at said pas- 
ture, as the time and place for appraising the damage 
within mentioned, and gave due notice of said time 
and place to the within mentioned parties : and hav- 
ing repaired to the said pasture at the appointed hour, 
and heard the pleas and allegations of tke parties,' 
and iduly considered the whole matter, the undersign- 
ed upon oath says, that the said damages amount to 
the sum of fifty cents, and no more. 

13* 



138 Pomdt. 

FORM NO. VL 

Form of an application by the owner oj creatures iihr 
pounded for a warrant of appraisement. 

To J, S, Etqtiire^ one of the jwtices of the peace within and 

for the county of Merrimack, 

Shews S. W. of Concord, in said county, that on 
the day of A. D. 1828, A. B. of said Concord, 
took in his close called , the calf-pasture, < an ox 
belonging to thib undersigned, doing damage as the 
said A. fi. says, and on the same day impounded the 
said ox in the common pound in said Concord, and es- 
timated the damage done by the said ox in the said 
close at the sum of one dollar,, which the undersigned 
thinks exceeds the amount of th^. actual damage done. 
Wherefore the said S. W., the said A. B. having neg- 
lected to apply to a justice for that purpose, prays 
that one or more persons indifferent between the par- 
ties may be appointed to appraise the damage done 
by said ox as aforesaid. 

S. W. 

Merrimack^ ss. July Jl\ D, 1828. Then the above 
named S. W. personally appeared and made oath thajt 
the matters stated in the foregoing application are in 
his belief true. Before me, 

J. S. Jus. Peace. 

The form of the order of notice on this application, of 
the warrant of appraisc^ment, and of the return, the same 
as the foregoing forms, Nos. 3, 4, and 5. 

FORM NO. VII. 

JFbrm of a notice to be posted up in the town where the 
creatures are impoundedy and in two adjoining towns^ 
when the owner is unknown. 

Thi9 is to give notice, that I have this day impounded 
in the common pound in Concord, an ox of a chesnut col- 



or, Willi a artar m his forehe&d, vrhi^ wis fouad this dty 
domg; damage in my close called the calf pasture^ 
wbea and where he did damaje to tha amoaot of one 
dollar ; aod the anroant of the chaq^es of impoaadiog 
already locarred, is as follows : 

Concord, July A. D. 18SS. 



FORM NO- VIIL 

Form of an application to a justice of the ptac$ fbr cm 

order of sate 

To J. S. Esquire^ one of the justices oj the peace within und 

for the county of MerrimacK. 

Shews A. B. of Coacord, in said county, that on 
the day of A. D. 1828, he found )ftn ox belong- 
ing to S. W. of said Concord, doing damage in the 
close of him the said A. B. in said Concord, called 
the calf pasture, and on the same day' took and im- 
pounded the said ox for that cause in the oommon 
. pound in said Concord, and on the day of 

aforesaid, gave due notice thereof to the said S. W. ; 
yet, although more than four days have elapsed since 
' notice was given to the said S. W. as aforesaid, he, 
the said ,S. W. hath neither replevied the said ox nor 
paid, nor tendered to the , undersigned nor to ^he 
pound-keeper the amount of the damages which have 
been legally assessed, nor the charges of impounding. 
Wherefore the said A. B. prays that the saia ox may 
be ordered to be sold in manner and form as the law 
directs. 

A.B. 

Merrimack, ts. July Ji. D. 1828* Then the a« 
1>oye named A. B. appeared and made oath that the 



140 



Poundi, 



mattere alleged iii the foregoing application, bj him 
sabscribed are in bis belief true. ' 
Before me, 

J. S. Jus. Peaci. 



FORM NO. IX. 

Form of the warrant to sell. 
To A, B. of Concord^ in the county of Merrimack^ gentle- 



man. 



CREETING. 



L. 8 



' > / Your foregoing application having been 
A made upon oath to the undersigned, one of 
the justices of the peace within and for the county of 
Merrimack, you are hereby ordered and empowered, 
after you shall have posted up notifications of the 
time and place of sale in two of the most public pla- 
ces in the^ town of Concord in said county, fortyreight 
hours before the tio^e of sale, to sell the ox menticm- 
ed intlie foregoing application at public vendue to the 
highest biddei*, at the time and place you shall have ^ 
so appointed : and having deducted from the proceeds 
of such sale your said damages and all charges, you 
are to pay the overplus, if any there be, to the own-^ 
er of the said ox, when he shall appear to receive it. 

Hereof fail not. Given under my hand and seal, 
this day of. A. D. 1828. 

J. S. Jus, iPeace. 



(141) 



CHAP. XV. 

07 TBB XiAlXTS RBXi ATXVE TO THB BAXmB OF 

OO&D-'VTOOD. 

The statute of February 15, 1791, entitled ^' an act to 

prevent fraud in cord-wood exposed to sale," enacts, 

^' that all cord-wood exposed to sale, shall be four feet 

long, accounting to half the carf, and the • wood being 

well and close laid together, the cord shall measure eight 

feet in length, and four feet in height. And in every 

town and place in this state, where wood is usually sold 

by the cord, there may be one or more person or persons 

appointed by such town or place who shall be measurers 

of wood in such town or place ; and such measurers of 

wood shall be considered as town officers, and sworn as 

other town officers are, to the faithful disthai^e of the 

ddties of the office. Audit shall be the duty of the said 

measurers oi wood, to measure all wood brought into that 

town or place for sale by the cord, and to certify, the 

measure, and for measuring and certifying the measure 

there shall be paid by the purchaser to the measurer 

three pence per cord, and no more." 

^^ iThat if any person in any town or place in this 
state, where there is any wood-measurer appointed and 
sworn, shall sell any wood by the cord, which is not 
measured by a ' wood*|ueasurer, the person ^selling, and 
the person purchasing the same, shall severally forfeit 
and pay for every cord of wood so bought and sold, thirty 
shillings, to be recovered before any justice of the 
peace, not interested ia the penalty, the one half of 
which som shall be for the use of the town or place in 
which the same is so bought and sold^ the other half to 
the ut>e of the person suing for the same." 

" That if any measurer of wood shall neglect or re- 
fuse to do his duty, in measuring and certifying the meas- 
ure of any wood brought to him to cord or measure, un- 
less he can give a sufficient reason for such neglect or 
refusal, he shall forfeit and pay foi; every such offence 
the sum of thirty shillings to be recovered and appropn* 
9ted in manner as before mentipQed*" 



1 



I 
I 



\ 



(148) 



CHAP. XVI. 



The statute of December 15, 1791, entitled '^an act 
regalatiog scale beams, steelyards, weights and meas- 
ures,'' enacts, ^' that the governor, by and with the ad- 
vice of council, be, and hereby is authorized and em- 
powered to appoint a sealer of weights and oaeasures in 
each county in this state/' ^ 

" That each sealer of weights and measures appointed 
as a/bresaid, shall provide at the expense of the state, 
one complete set of scale beams, weights, and measures, 
similar to those now owned by Ibis state ; which shall be 
kept by him as* standards for the use of said county. — 
And it shall be the duty of said sealer of weights and 
measures to try itnd prove by said standards all scale 
beams, steelyards, weights and measures, which shall be 
brought to him for that purpose by the sealers of weights 
and measures chosen in the respective towns in said 
county ; and to seal such as shall be found just, agreea- 
ble to' said standards, who shall receive six cents, for ev« 
ery scale beam, steelyard, weight and measure so tried, 
proved and sealed." 

' ^* That tlfe {selectmen of every town in this state, shall 
provide at the proper expense of their respective towns, 
one complete set of weights and measures, and a scale 
beam as aforesaid for the use of said town, of such mate- 
rials as the town shall think proper ; provided the liquid 
measures be of some kind of metal." 

^^ That each town in this state, shall at their annual 
meeting choose one suitable person for sealer of weights 
and measures in said town, who shall be sworn to the 
faithful discharge of his duty, who shall notify the in- 
habitants to bring in all scale beams, steelyards, weights 
and measures, as they make use of, in the month of May 
from year to year, at such time and place as he shall ap- 
point, by posting up a noiification at every meeting-bouse. 



-1 • 7- 



I 



\WeigkU atjfd Measures. ^ 143 

I' 

in 8£dd . town, and if there be no meetiog-hoase, then at 
flome public place in said town, three weeks successively 
prior to th^ day appointed ; and the said sealer shall try^ 
prove^ and seal all such scale beams, steelyards, weight^, 
and measures as shall be brought to him, and shall be 
found just agreeable to said standards.-^And he shall hare 
for every scale beam, steelyard, weight and measure so 
sealed, two cents from the owner thereof at the first 
sealing, and after the fivM. sealing one cent, only, so long 
as they continue just with the standard.'' 

/^ That all m^asure» by which meal, fruit and other 
things usually sold by heap, shall be sold, be of the fol- 
lowing dimensions, viz : the bushel not less within side 
than eighteen inches and a half wide, the half bushel not 
less than thirteen inches and ^ three quarter^ wide, the 
peck not less than ten inches and three quarters wide, 
and the half peck not less than nine inches wide. And 
if any person at any time from and after the first day of 
September next, shall sell, expose to sale, or offer any 
meal, fruit or other things usually sold by heap, by any 
other measure than is aforementioned, as to bigness and 
breadth, such person being complained of and convicted 
before any justice of the peace within the county, of so 
doing, shall forfeit and pay to the use of the poor of the 
town where the offence is commixed, the full value of 
the meal, fruit or other things so sold or offered to sale 
with costs." 

" That the seafer of weights and measures appointed' 
in each town within this state, from time to time, shall* 
be, and hereby is empowered to go to the houses of such 
of the inhabitants, having been duly notified as aforesaid, 
who shall neglect to bring or ^end in their scale beams, 
steelyards, weights and measures, to be proved and seal- 
ed at the place assigned for that purpose, and shall there 
prove and seal the same, and shall receive of the owner 
for every scale beam, Steelyard, weight and measure 
proved and sealed twenty cents and no more ; and every 
person that shall refuse to have their scale beams, steel- 
yards, weights and measures viewed, proved and sealed, 
shall forfeit the sum of ten dollars, one moiety thereof 
to the use of the poor of the town, and the other moiety 
to the sealer ; and if any person shall bring his scale 
oeams, steelyards, weights or oieasures to be proved 



144 Weights and Meaturei. 

and sealed at any other lime than on the daj or days set 
by the sealer of weights and measnres for that purpose, 
] Jic shall in like manner pay three cents for erery scale 
beam, steelyard, weight or measure that shall be tried 
and eealed, and one cent and an' half for such as do not 
need sealing.^' 

"That if any person from and' after the first day of 
September next, shall sell, vend, or utter any goods, 
wares, merchandizes, grain or other commodities what- 
ioerer, by other scale beams, steelyards, weights or 
measnres, than such as shall be proved and sealed as this 
act requires, in any town where provision is. made and 
notificatjpn piven agreeably to this act, or shall fraudu- 
lently so sell, utter or vend any goods, wares, merchan- 
dizes, grain, or other commodities by any scale beams, 
steelyards, weights or measures that may be so sealed, 
that shall prove unjust, the person so offending shall for- 
feit a sum not less than one dollar, nor more than ten 
dollars with costs for each offence, one moiety thereof to 
the use of the poor of the town where the offence shall 
be committed, the other moiety to the informer who 
shall prosecute the same.'^ 

" That all scale beams, steelyards, weights and meas- 
ures kept for standards in the several towns, shall be 
proved and tried by the public county standards, at the 
end of every five years from time to time." 

" That if the selectmen of any town in this state neg- 
lect to comply with their duty in procuring weights and 
measures, and a scale beam, as by th^s act*is required, 
they shall forfeit the sum of one hundred doUars to be 
recovered one half foe the use of the county in> which 
the neglect shall happen, and the other half for the use 
of the person who shall sue for the same. 

'* That when any sealer of weights and measures that 
may be duly appointed in any town where a^cale beam, 
weights and* measures are provided according to this act, 
shall neglect to notify the inhabitants as aforesaid, shall 
forfeit the sum of fifty dollars, and for neglecting the du- 
ties of his office in any other respect, from one to twen- 
ty dollars, pne half for the prosecutor, the other half for 
the use of the town where such neglect shall happen ; 
and all penalties / and compensations mentioned in this 
act may be sued for and recovered by action, bill, plaint 
or information in any court proper to try the same.' 



WeighiB and Meawres. 



145 



^^ That the sealer of weights and measares for each 
county, may make use of such seal as he may think 
proper, provided a description thei:eof, in writing, be 
lodge.din the secretaries office hefore it be made use of, 
and that the sealer of weights and measures chosen by 
each town respectively shall use such seal as the town 
may agree on, a record of which being previously made 
in the town records." ' 

a 

The statute of July 6, 1827, entitled '' an act to regu- 
late the weighing of merchandize and other commodi« 
ties," enacts, ^^ that from and after the first day of Sep- 
tember next, all commodities which now are, and have 
heretofore usually been sold by the hundred and twelve 
pounds, or hundred weight avoirdupois, shall, when ex- 
posed ft)r sale and actually sold, be weighed by .decimal 
hundreds and pounds of avoirdupois ; and all contracts 
thereafter made concerning the weight of goods or com- 
modities, heretofore weighed by the hundred weight, or 
one hundred and twelve pounds avoirdupois, shall be un • 
derstood and construed to intend the same in decimal hun- 
dreds and pounds ^ivoirdupois.^' 

*' That it shall be the duty of every public weigher of 
goods or commodities, to weigh the same by (Tecimal 
hundreds and pounds, avoiirmipois weight, where the 
same have heretofore been weighed by the hundred 
weight, or one hundred and twelve pounds avoirdupois, 
and to issue his certificate accordingly. And every such 
public weigher, who shall offend against the provisions 
of this act, shall, for every such offence, forfeit and pay 
a fiae of .five dollars, together with the costs oi prosecu- 
tion, to be recovered before any justice of the peace, 
upon complaint in behalf of the state. And' every 
weigher 6f goods or commodities, appointed by any 
town under the laws of this state, as well as every weigh? 
f r of goods or commodities for hire or reward, shall be 
deemed and taken to be a public weigher, so far as^ re- 
lates to the provisions of this act/* 

14 



r 



(146) 



. I 



CHAP. XVII. 

OF ZaOBKSBD HOUSSS. 

The statute of July 7, 1827, entitled ^^ an act regulat- 
iog licensed houses,^' enacts, ^^ that it shall be unlawfal 
for aoj person to exercise the business of a taverner or 
retailer without license. And if any person shall, at any 
time, without license in writing from the selectmen of 
the town or place where such person resides, sell any 
wine, rum, gin, brandy, or other spirits, in any quantity 
less than one gallon, or shallsell any mixed liquors, any 
part of which ar^ spirituous, such person so offending, 
for each and every such offence, on conviction thereof 
before the superior court of judicature in the county 
where such offence shall be committed, shall forfeit and 
pay a sum not exceeding fifty dollars, nor less than twen- 
ty dollars, for the use of such county.^' 

^^ That the selectmen of any town or place, en appli- 
cation, may license any person of good moral character 
to exercise the business of a taverner in such towa or 
place, on the receipt of a dnm, for the use of such town 
or place, not, exceeding five dollars nor less than two dol- 
lars. And every person licensed as aforesaid shall, at all 
dmes, be furnished with suitable provisions and accoro- 
idodations for travellers, their cattle and horses ; and ev- 
ery person so licensed, who shall not be furnished as a- 
foresaid, shall forfeit and pay the sum of ^ve dollars, to 
be recovered in an action of debt by any person sueing 
for the sam/e.'^ 

*'^ That if the selectmen shall unreasonably neglect or 
refuse to license any suitable person applying for. a li- 
cense as a taverner, and in case there be no selectmen in 
the town or place, the person wishing for a license as a- 
foresaid, may make application by petition to the court 
of common pleas in the county if here such 'applicant re-^ 
sides, and said court, if they think proper, may license 
such person to exercise the business of a taverner for a 



Licensed Houses, ' 147 

term ol time not exceeding one year, on the paj'mfBDt of 
a sum not exceeding five dollars, nor less than two dol- 
lars, for the use of the town where such applicant re- 
sides."" 

^' That the selecttnen of any town or place may license 
any person to exercise the business of a retailer, that is^ 
to sell wine and spirituous liquors in ady quantity *not 
less than one pint, to be ' sold, - dellvjered, and carried a- 
way ; aad the person so licensed shall not pay therefpr 
more than twenty cents, which sum shall be paid to the 
towD clerk for recording said license. And any person 
so licensed shall not permit any wine or spirituous liquors 
so sold to be drank in his shop, store or other buildings. ^^ 

'' That the selectmen of any town or place may li- (^JLu^hJIjiI 
cense any person, Other than a tavern keeper, to sell and ^**'^^*^^**^ 
mix wine ancl spirituous liquors, on the receipt of twenty 
dollars, for the use of the town or place where such 11^ 
cense shall be granted.'' 

>^ That no license shall be granted for a longer term of 
time than ohe year, nor shall any license, granted by the 
selectmen' as aforesaid, be of any avail, until the same be 
recorded by the town clerk of the town where such li- 
cense shall be granted. And every license so granted by 
the selectmen, or by the court of common pleas, shall 
particularly mention the purpose for which such license 
was granted, and designate the house, store, shop or 
place where any person licensed may sell or mix wine 
and spirituous liquors. And no license shall authorize 
any person to sell or mix wine or spirituous liquors in 
more than one place.'^ 

** That any person so licensed shall mot permit or suf- 
fer any individual on the sabbath to remain drinking in 
or about the place where such person so licensed is au- 
thorized to sell or mix spirituous liquors ; nor shall any 
person, so licensed, permit any individual to remain in the 
hpuse, istore, shop or place where the person licensed 
may sell or mix spirituous liquors, drinking to excess •; 
nor shall any person, licensed as aforesaid, permit any in- I 

dividual to play at cards, dice, billiards, or at any bow- j 

ling alley, or other game of chance, within or about his, I 

her or their houses, yards or buildings.'' 



148 Licensed Houses, 

^' That when the selectmen of any town or place shall 
be satisfied, either by View, complaint or otherwise, that 
any individual is in the habit of drinking to excess in or 
about any house, store, shop, or other building, where 
any person islicensed to sell or mix spirituous liquors, it 
shall be the duty of such selectmen to notify all persons 
licensed in suclv town or place, that such individual is ha- 
bitually intemperate, and forbid every person so licensed 
in said town or place, to sell to such individual any spirit- 
uous liquors, or any mixed liquors, any part of which are 
spirituous, or to permit such individual to remain in or 
about his, her or their house, store, shop or other build- 
ing, where the persons so licensed are authorized to sell 
or mix wine or spirituous liquors." 

'^ That it shall be the duty of the selectmen of the se- 
veral towns or places to hear and examine into all aGCU- 
sations preferred to them in writing, against any person 
licensed agreeably to the provisions of this act, and hav- 
ing received satisfactory evidence, that any person so li- 
censed keeps a disorderly house, or . in any way violates 
the provisions of this act, the said selectmen shall imme- 
diately withdraw or revoke such license, and notify the 
person so licensed thereof in writing, and cause a copy 
of such notice to be recorded by the town clerk of such 
town or place ; and any license, being so withdrawn or 
revoked, thereafter shall be of no avail to the person to 
whom the same was granted. And when the selectmen 
of any town or place shall neglect or refuse to hear and 
examine into apy complaint as aforesaid, the person so 
complaining may prefer the same to the grand jury, who 
are hereby authorized and empowered, upon satisfactory 
evidence, to present such person so offending, and such 
person so licensed, who does keep or has kept a disor- 
derly house, or in any way has violated the provisions of 
this act, for each and every such offence, on conviction 
thereof before the superior court of judicature within 
the county where such offence or offences shall be com- 
initted, shall forfeit and pay a sum not exceeding twenty 
dollars, to the use of such county. And the «aid coart 
may make such further order as they may think just f^ad 
proper,^' 



Licensed HouiU. 149 

^^ That it shall be th^dutj of the grand jurors and the 
selectmen of the several towns, and all magistrates in ' 
theiir several coun^ties, to inform of all violations of the 
provisions' of thisi act ; and the attorney general, and in 
his absence the several county solicitors in their respec- 
tive counties, shall prosecute for all offences committed 
ag^nsl the provisions of this act, which shall come to his 
or their knowledge.^' 

(f FORM NO. I. 

JPortn of a license to keep tavern. 

The undersigned, selectmen of the town of Ches- 
ter, do hereby license A. B. to keep tavern, at the 
dwelling house where he now resides, for one year 
from this time. * 

Given under our hands this first day of April, A. D. 
1825. 

CD. 

G, H. 



FORM NO. Ii; 

t 

F^rm of a license to retail. 

The undersigned, selectmen of the town of Ches- 
ter, do hereby license A. B. to exercise the business 
of a retailer, at the store now occupied by him near 
his dwelling house, in said Chester, for pne year from 
this time. 

Given under our hands this first day of April, A.D. 
1826. 

CD. 
E. P. 

an. 



I 



14« 



150 Lieeutoi Hotues. 

FORM NO. in. 

Form of a notice to tavemers and retailers^ forbidding 
them to sell spirits to certain persons. 

To all persons Tsoho are licenced as tavemers or retailers in 
' the town of Concord., 

Whereas A. F. and 6« M. of said town, as it has 
been made to^^ppeai^ tp^si^ are in i^vbal)it pff drinking 
and tippling spirituous liquors to exciess in the tavei;ns 
and stores in said town : We therefore, the selectmen 
of the said tolyn, do hereby forbid you, the said tav- 
emers and retailers, to sell to the said A. F. ahd 6.M. 
or either of them, or suffer them or either of them 
to drink in or about your houses, stores, out houses or 
appendage's thereof, any spirituous liquors of any kind, 
on pains of forfeiting the penalties of the law. 

Given under our hands this thirty-fif*st day of De- 
cember, in the year of our Loi'd eighteen hundred 
and twenty-five. 

A. B^ ^ Selectmen 
C. D. [ of 
E. F. S Concord. 



FORM NO. IV. 

Form of a revocation of a license. 

Whereas complaint has been made to the under- 
signed, the selectmen of, the town of Concord, in the 
county of Merrimack, that A. B. who has been duly 
licensed to pursue and actually pursues the business 
of a taverner in said town, keeps a disorderly house 
and violates the provisions of the laws regulating such 
houses, we, having given to' the said A. B. due notice 
of said complaint, and heard both the accuser and the 
accused, and made all due inquiries as to the truth of 
the complaint, are of opinion that thfd complaint is 
well founded, -apd that the license of the said A. B. 



Pedlers^ Hawkers^ and Showmen. 15t 

ought to be revoked : We do, therefore, revoke the 
same, and declare the same to be of no force from 
and after the daj when notice hereof shall he given to 
him the said A. B. ^ 

Given under our hands this day of A.D. 18^8. 

CD. 

E. P. 

G. H. 

^The revocation should be read to the taverner, or a 
copy, , attested by one of the selectmen, left at his usual 
place of abode. 



CHAP. XVIII. 

OF TBB ImA'WS BBZiAVUVO TQ FBBXaBBSy 
BAIXTEBBS AKD SHOlHTXIBXr. 

The statute of June 29, 1821, entitled i^an act regula- 
ting pedlars, hawkers and showmen,'' enacts^ ^^ that frajn 
and after the first day of September next, no person or 
persons shall exercise the business of a hawker or pedler 
going from town to town, or from place to place, on foot, 
br with a horse or horses, or otherwise carrying to sell, 
or exposing to sale any goods, wares or merchandize with- 
in this state, without licence first had and obtained from^ 
the justices of the court of sessions, who are hereby em- 
powered to grant such licence for a term not excee/ling 
one year : Provided^ the person making such application 
shall produce to.said court satisfactory evidence that he 
sustains a good moral character, which evidence shall bt 



\ I 



15t Pedlersy Hawken and Showmen, 

' in writing, and filed in" said court; and the licence, if 
granted, shall he recorded bjthe clerk among the re- 
cords of said court, and a certified copy of said record 
shall he delivered to and kept hj the person licensed.'' 

*^ That for every person, who obtains a licence ' as a- 

foresaid, there shall be paid to the treasurer of the coun- 

-^ ty where such license is granted, for the use thereof, 

twelve dollars, which shall be by said treasurer certified 

on said licence before the same shall be of any avail.'' 

^' That if any i person shall ej^ercise the business of a 
hawker or pedler within this state without a licence there- 
for, as is herein before provided, or shall, while pursuiog 
' such businesti, refuse to show su(:h license for examina- 
tion to any citizen of this state, to whom such pedler shall 
offer to sell any of his goods, wares or merchandize, if 
thereto requested, sucb person shall, for either of the of- 
fences aforesaid, forfeit and pay a sum not less than ten 
dollars, nor more than Miy dollars." 

^^ That any justice of the peace on complaint made to 
him of any such offence, may issue his warrant against 
the person complained against, and order him to recog- 
nize, with sufficient surety or sureties, to answer the com- 
plaint aforesaid before the justices of the superior court 
next to be held in the county where said offence was com- 
mitted ; and the offences aforesaid may be prosecuted by 
indictment before said court. And the penalties aforesaid 
shall be one half to and for the use ot the county where 
the offences may be committed, and the other half to and 
for the use of the compiaindnt." 

^^ That the person obtaining said licence Bhall pay to 
the clerk of said court for all his fees in relation there" 
to, the sum of one dollar." 

" That all shdwmen, tumblers, rope-dancers, ventrilo- 
quists, or other persons who shall for pay Exhibit any an- 
imals, wax-figures, puppets, or any extraordinary feats of 
agility of body, or sleight of hand, rope-dancing, or per^ 
forming feats with cards, within any town within this 
8tate,shall,before any such exhibition or performance,pro- 
cure from the selectmen of such town a licence, for that 
purpose, which licence shall specify the number of days 
or number of times such person or persons are allowed to 
perform or exhibit in said town." 



Pedlersy Hawkers and Showmen, 15S 

^^ That for a licence granted as aforesaid^ there shall 
be paid to the selectmen for the use of said town by the 
person or persons obtaining the san^e, a sum not less than 
three dollars, nor more than thirty dollars." 

*^ That if any person or persons shall exhibit any shows 
or perform any feats without licence, and contrary to the 
provisions of the sixth and seventh sections of this act-, 
he, she, or they shall, for every such offence, uoon con- 
victioD thereof, forfeit and pay a sum not lesmlhan ten 
dollars, nor more than thirty dollars, with costs of prose- 
cution." 

^^ That any justice of tlie peace, on complaint made to 
him of any such o£fence, may issue his warrant against 
the person complained against, and order him to* recog- 
nize with sufficient surety or sur/eties to answer the com- 
plaint aforesaid before the justices of the superior court 
next to be holden in the county where said offence was 
committed. And said offence may be prosecuted by in- 
dictment before said court. And the penalties aforesaid 
shall be one half to and for the use of the county where 
the offence was committed, and the other half to and for, 
the use of the complainant." 

*^ That all offences against this act shall be prosecuted 
^within one year next after the offence shall have been 
committed." v 

^^ That nothing herein before mentioned shall extend 
to prevent any person from selling or exposing to sale; 
any articles, the growth, produce or manufacture of the 
United States, except feathers, distilled spirits, playing 
cards, lottery tickets, and jewelry." 

Form of a license. 

' To all Ufhom U may concern. 

This certifies, .that A. B. is licensed by the under^ 
signed, the selectmen of the town of Concord, in the 
county of Merrimack, to exhibit his wax-figures in 
the said town for the term of ten days from the data 
hereof. 

Given under our hands this day of A. D. 1826. 

c.i). 

E. F. 
G. H. 



( 1^4 ) 



CHAP. XIX. 

or TBS Zi Aws BaamCiATzira ths xsarnra-, 
gB X.3y r& AWB TBJkxrsFOBTZiro OP evar^ 

VOIAnbUHa 

The statute of July 6, 18*27, entitled '^ an act to reg- 
ulate the keeping and selling and the transporting of gun- 
powder," enacts, *^ that there shall not at any tinae be 
kept in any warehouse^ store, shop or other building in 
the compact part of any town or village in this state, a 
quantity of gunpowder, greater than one quarter cask ot 
twenty-fiye pounds ; and any person or persons. so kee{>» 
ing a greater quantity, shall forfeit and pay for every day 
during which such greater quantity shall be kept as 
aforesaid, a sum not exceeding five dollars nor less than 
one dollar, to be sued for and recovered by the ^rewards 
or selectmen in an action of debt, in the name of the 
town, before any justice of the peace or court proper to 
try the same, with costs of suit ; and the whole of s;dd 
forfeiture so recove^d shall be for the use of the town, 
to be expended by the firewards or selectmen in purchas- 
ing materials necessary and proper to be used for the 
extinguishing of fires." 

^^ That the firewaids, or a major part of them, or the 
selectmen of any town, are hereby authorized and em- 
powered to search any warehouse, store, shop, or other 
building in the compactr part of any town, or village in 
this state, where they have cau^e to suspect that gun- 
powder^ in a greater quantity than one quarter cask, or 
twenty-five pounds, may be kept or stored, and in case of 
finding any gunpowder, kept as aforesaid, in a quantity 
greater than one quarter cask, or twenty-five pounds, the 
said firewards, or selectmen, are hereby authorized and 
empowered to seize the same, and the said gunpowder 
so kept, and stored, contrary to the provisions of this act, 
shall be forfeited to the town, and the firewards or select- 
men, so finding and seizing the same, shall sell said gun- 



• \ 



Ckmpowder. 



155 



powder at auction, and the avails thereof, to be expended 
for the puT{]»ose8 aforesaid." 

'*• That everj person keeping gunpowder to sell by 
re tail 9 in any quantity less than one quarter cask, or 
twenty-five ponuds, and who shall not at all times, keep . 
the same in a tin canister, or canisters, or other incom- 
bustible vessel, or vessels, covered and secured from fire, 
or if said gunpowder be kept in a wooden cask,. or casks, 
said cask, or casks, shall be enveloped in substantial and 
close leathern bags, or sacks, shall forfeit and pay for 
e.ach and every day h^, she, or they, shall, so keep it, a 
sam not exceeding five dollars, nqp less than one dollar, 
to be sued for, and recovered in the manner and for the 
purposes aforesaid.^' 

*'^ That gunpowder shall not be transported, or carried 
through the compact part of any town or village, in any 
cart, wagon, or other open carriage, in a quantity greater 
than four quarter casks, or one hundred pounds at any one 
time, nor unless the casks containing the gunpowder so 
transported, be enveloped in substantial leathern bags, or 
sackp, and any person or persons transporting gunpowder, 
as aforesaid, in a greater quantity, and without being en- 
veloped, as aforesaid, except the same be conveyed in a 
closely covered carriage, shall forfeit and pay a sum, not 
naore than fifly dollars, nor less than fifteen dollars, to be 
sued for and recovered in the manner and for the purpos- 
es aforesaid. And no cart, wagon, or other carriage, 
shall be permitted to stand in any shed, barn, or 
other building, or near any store, dwelling-house, 
or other building in the compact part of any 
town, or village, upon which there may be a greater 
quantity than one quarter cask, or twenty-five pounds of 
gunpowder, and in case any gunpowder shall be found 
upon any cart, wagon or other carriage, contrary to the 
provisions of this act, any fireward or selectmen of the 
town where found, may seize the same and cause it to 
be sold as gunpowder, that may be fomd conti'ary to the 
pro visions of this act" 

^^ That no person shall at any time transport or carry 
from town to town, or from place to place, any gunpow- 
der for th6 purpose of peddling or selling it by retail in 
, quantities less than twenty-five pounds, on penalty, that 



156 



Gnnptywder, 



the owner, or owners, or person, or persons selling, or 
offering it for sale, shall forfeit and pay for every offence, 
II sum not more than five dollars, nor less than one dollar,, 
to be sued for and recovered ^n the manner and for the 
purposes aforesaid. '^ ' 

^^ That if any person or persons, shall sell^ or offer for 
sale by retail, any gunpowder in any highway, or in aDy 
street, lane, or alley, or on any wharf, or parade, or 
common, such person or persons,, so offending, shall for- 
feit and pay for each and every such offence a sum not 
more than five dollars, nor less than one dollar, to be sued 
for, and recovered, and for the purposes aforesaid." 

'^ That if any person or persons shall within this state 
in the bight time between sunsetting and suurisJng sell 
or offer to sell by retail, or deal out any gunpowder, such 
person so offending shall forfeit and pay for each and 
every such offence a sum not more than ive dollars nor 
less than one dollar, to ^be recovered and applied as 
aforesaid." 

^^ That all prosecutions against [under] this act shall 
be commenced within three months after the offence 
shall have been committed, and not afterwards.'* 



\ 



( 1" ) 



CHAP. XX. ' 
or VHS tAvra asiumaro to 8oboox< 

DISTHIOTS. 

SECTION I. 
OF THE DIVISION OF TOWNS INTO SCHOOL DISTRICTS. 

The statute of July 6^ 1827, entitled ^^ ao act empow- 
ering schobl districts to build and repair school houses/^ 
section!, epacts, ^Mhat the several towns and places 
within this state be, and they hereby are, respectively 
empowered, at any legal meeting fur that purpose, to 
divide into sbhool districts, and to define the limits there- 
of, and the same from time to time to alter in such man- 
ner as shall be thought fit and convenient ; and a record 
of such division or alteration, shall be made in the clerk's 
office of such town, or place, within three months after 
any such division or alteration shall have been made'; 
and no person shall have a right to send to, or receive 
any benefit from, any school in a district in which be is 
not a resident, without the consent of such district.'' 



SECTION n. 

OF THB MASHER OF CALLING HEETlKoS OW SCHOOL DISTRIOHu 

The statute of July 6, 1 827^ entitled ^ ^ an act empow^ 
erin|r school districts to build and repair school honses^^ 
sec. S, enacts, ^^ that it shall be the duty of the select* 
men of the several towns and places, divided into school 

U 



158 



Schools, 



Sect. 2. 



districts as aforesaid, upon applicatipD niade to them in 
writing, by three or more freeholders, resident witbio 
any school' district in their respective towns, to issoe 
their warrant, directed to any one of the persons making 
such application, requiring liim to warn the inhabitants 
of such district, qualified to vote in town affairs, to meet 
at such time and place in the same district, as the select- 
men shall in their warrant appoint ; and the said warning 
shall be, by notifying pcJ^rsonaily every person in the dis- 
tricty qualified to vote in town affairs, or by leaving at 
their usual places of abode a notiticatlou in writing, ex- 
pressing therein the time, j)lace and purpose of the 
meeting, ten days, at least, before the titne appointed for 
holding the same ; or, notice of said meeting may be gir- 
en by posting on the dour of the school hdiise, and in at 
least two other public places in such district, a copy ot 
said warrant, certified by the person to \^bom it may 
have been directed, at least fifteen days prior thereto ; 
and any vote to raise money, passed by a majority of the 
inhabitants ot any school district present at any district 
meeting holden pursuant to this act, shall be obligatorj 
on the inhabitants of said district, to be assessed, levied 
and collected in the manner prescribed in this act" 



/ ' 



FORM NO. I. 

Form of an application id selectmen to caU a meeting i» 

a school district. 

r 

To the selectmen of the town of C. 

Gentlemen : The undersigned, being freehoWers 
and re;sidents in school district No. 1. in the said town 
of C. respectfully request you, to issue a warrant to 
call a meeting of the said district as soon as may be, 
to act on the following articles : 

[Here enumerate the purposes."] 



e. December 27,. 1825. 



A.B. 
CD. 



Sbct. S. 



Schooli. 

FORM NO. II. 



15^ 



Form of a warrant to call a meeting of a school district. 

STATE OF NEW-HAMPSHIRE. 

Rockingham^ ss* To Jl. B. of C. in said* county. 

/ GREETING. 

You are hereby required in the name of 



< I.. 8. > 



I 



the state of New-Hampshire, to notify and 
warn Uie inhabitants of said towh of C. qualified to'^r 
vote in town affairs and resident in school district No. 
1, ih said town, to oaeet at the school house in said 
district, on the day of A. D. 1826, at four o,f 
the, clock in the afternoon, to act on the following siih'- 
jects : 

[Here enumerate the purposes of the meeting.'] 

And y1)u are to serve this warrant by notifying pfer-- 
sonally every resident in said district qualified as a- 
foresaid, or by leaving at their usual places of ^'j£?'^j^_>i^^ 
a notification in writing expressing the tinae and plac^^^t!^*^^^^^ 
of said ineeting, f buptoo n days prior to the said 
day of A. D."T826. [Or^ And you are to serve 

this warrant by posting up on the do6r of the school 
house and in two or more of th0 most public places y, 
in said district fpurtoc i|' days prior to the said dayJH^ 
of A. D. 1826, an attested copy of this warrad't.) 

Hereof fail not, and make a return of this warrant, 
with your doings thereon, at the time and place abov6 
mentioned. 

Given under our hands and seal this twenty-seventh 
day of December, in the year of our Lord eighteen 
hundred and twenty- five. 

, 1 v I Selectmen 



Ho SehooU. S»CT. f, 

FORM NO. III. 

Form of the return of the warrant. 

RockiDgham, 8S. C. January 17, 1826. 

Pursuant to the within warrant, I have notified and 
warned all the inhabitants of the town of C. qualified 
to vote in town affairs, and resident in school district 
I No. 1, to mieet at the time and plaqe within mentioned, 

by leaving at the usual place of abode of each a writ- 
/ull/wicJ^en notification, expressing the time and place of said 
mdetiofr. ^ 

A. B. 



■■^ » 



FORM NO. IV. 

Form of the record of the doings of a meeting m a school 

' district. 

At a legal meeting of the inhabitants of the town 
of C. aualified to yote in town -affairs, and resident in 
school district No.l, in, said town, holden at the school 
house in said district on the seventeenth day of Janua- 
A . ry, A. D. 1826, A. B. was chosen to preside in said 
meeting^ 

Voted, to Faise the sum of tworliundred dollars, to 
build a new school house in said district. 

Attest, — 

A B ^ CfcrA; of school district 
' ' < .ATo. 1, in C. 



SiCT. 9. Sehooii. 161 



SECTION III. 

or THE POWERS OF SCHOOL DISTRICTS AND THE METHOD OP AS- 
SESSING AND COLLECTING MONEY VOTED TO BE RAISED BT A 
SCHOOL EISTRICT. . 

The statute of Jal}' 6^ 1827, Entitled ** an act empow- 
Qiing school districts to build and repair school houses," 
sec. 2, enacts, ^^ that the inhahitants of the several school 
districts, whose limits are now established, or shall be 
defined as aforesaid, qualified to vote in town affairs, be, 
and thej hereby are empowered, at any meeting called 
in the manner' hereinafter prescribed, to raise money for 
the purpose of erecting, repairing, or purchasing a 
school house, and other buildings connected therewith in 
their respective districts, and of necessary utensils for 
the same ; to determine in what part of the district to 
erect said school house, and other necessary buildings; 
to choose a committee to superintend the building, and 
repairing of eaid school house, and other necessary 
buildings, or for purchasing the same ; and to choose a 
clerk, who shall be sworn to the faithful discharge of the 
duties of his office, whose duty it shall be, to make a 
fair record of all the votes passed at any meeting of the 
district, and to certify the same when required ; and the 
monej, raised as aforesaid, shall be assessed and collect- 
ed in the manner hereinafter provided«^^ 

^' That for the purpose aforesaid, every person shall be 
taxed in the district in which he lives, for all the estate 
he holds in the town,being under his own actual improve- 
ment, and all other of bis real estate in the same town, 
shall be taxed in the district in which it is included ; and 
all real estate,, when the owner thereof lives without the 
town, shall be taxed in such district or districts, as 
the selectmen, having regard to the local situation there- 
of, shall determine ; and it shall be the duty of the se* 
lectmen, before they assess a tax for any district, to de« 
termine in which district suoh real estate respectively 
shall be taxed, and to certify in writing their deterin}Da<-. 
tioQ to the clerk of the town, who shall record the same ; 

16* 



/ 



ir 



162 ' SckooU. Sect. S. 

and sach real estate, while owned by any person residiog 
without the limits of the town, shall be taxed in such dis- 
tricts, until the town shall be districted anew. And the 
selectmen shall assess in the same manmer, as town taxes 
are assessed on the polls and estates of the inhabitants, 
composing any school distiict defined as aforesaid, and 
on real estate in said town, belonging to persons living 
out of the same, which the selectmen shall have direct- 
ed to be taxed in such <listrict, all mone;^s voted to be 
. raised by the inhabitants of such district, for the pur* 
poses aforesaid, in thirty days after the clerk of the dis* 
trict shall ceitify to said selectmen the sum voted by the 
district to be raised as aforesaid ; and it shall be the duty 
ot said selectmen to make a warrant, directed to one of 
the collectors of the town to which such district belongs, 
empowering and directing said collector, t^ levy and col- 
lect the tax so assesscd,and to pay the same within a time 
limited in said warrant, to the treasurer or selectmen of 
the town, to whom a certificate of the assessment sbali 
be made by the assessors, and the money so collected and 
paid, shall be at the disposal of the conomittec of the 
district, to be by them applied for, the building, repair- 
ing, or t purchasing of a school house in the district to 
which they belong; and such collector, incoll^ctiogsacb 
tax, shall have the same powers, and be holden to proceed 
in the same manner, as is by law provided in collecting 
town taxes." 

" That the treasurer, or selectmen of any town, to 
whom a certificate of the assessment of a district tax shall 
be transmitted as aforesaid, shall have the same author- 
ity to enforce the collection and pnyment.of such tax, 
so assessed and certified, as if the same had been voted 
to be raised by the town for the town's use.''^ 

" That if the majority of the inhabitants t)f any school 
district cannot, or do not agree where to erect a school 
house, for the accommodation ot the same, the selectroeo 
of the town to which such district belobgs, upon applica- 
tion made to them in writing, by the committee of the 
district, are hereby authorized and empowered to deter- 
mine on the place w,here a school house,.for the use and 
accommodation of the district, shall be erected ; and if 
8a;d inhabitants shall refuse oi neglect to choose a com- 






Sect. 3. ^ SckooU. ' IM 

mittee, or if anj committee shall refuse ^r. neglect to ^p- 
pljr to said selectmep, for the purpose of locating a school 
bouse as aforesaid, in such case, any three or more free- 
hi>l<]ers, resident In such district, may apply to said se- 
lectmen in writing, stating such refusal, or neglect, and 
requesting them to make such, location ; and the said se^ 
lectmen mny thereupon proceed ahd designate the pkica 
where said school house shall be erected.'^ 

^^ That the several and respective school districts be, 
and they hereby are, authorized and empowered to put^ 
chase'and hold in fee simple, er otherwise, so much land 
as may be necessary whereon tb erect a school house and 
such other buildings, and a'so for such yard, as may be 
necessary for the accommodation of said schools ; and the 
inhabitants of the said several school districts ajre hereby 
authoxized and empowered, at any legal meeting holden 
for that purpose, to raise any sum or sums of money for 
the purpose of purchasing said land, to bo assessed, levi- 
ed and collected in manner aforesaid : Provided, said land 
do not exceed in quantity one fourth part of an acre ; and 
,may maintain any action of trespass, or ejectment, against 
any person or persons, who may trespass upon, or do 
damage to, said land or buildings, and the same pursue to 
final judgment and execution." 

^* That whenever a suitable place for the erection of a 
school house, and other necessary bnildlngb in any school 
district, shall have been designated in either of the ways 
pointed cut in this act, and the owner or owners of the 
land thus designated shall refuse to sell the same, or 
shall demand therefor a price, which, in the opinion of 
the selectmen of the town to which such district belongs, 
is unreasonable ; in every such case^ the said selectmen 
may proceed und lay out such school house lot, not ex- 
ceeding in quantity one eighth part of an acre, and ap* 
praise the damages to the owner or owners of said land, 
in the same 'way and manner, as is provided by ]tw for 
laying out public highways and appraising the damages 
sustained thereby, ref^erving to any such owner or own- 
ers the right of petitioning the court of common pleas, 
for redress, as is provided in the second section of the act 
^^ entitled an act for laying out highways ;" and upon 
payment of such damages, or tender thereof, the said 



164 



Schoob- 



Sect. 3. 



land may be taken, held and uspd for the purposes for 
which it was laid oat, and the said district may prosecute 
and maintain any action as aforesaid, aguinst any person 
or persons trespassing, or doing damage thereon. And 
the land taken, agreeably to the provisions of this sec- 
tion, for a school house Jot, shall revert to the owner of 
said land, his heirs or assigns, whenever, after the erec- 
tion of said house, a majority of the legal voters at any 
school district, at a meeting called for the purpose, shall 
▼ote to discontinue the use and occupation thereof, as a 
school house lot, or shall actually, for the term of two 
successive years, neglect or refuse to use and occupy tho 
land for the purpose aforesaid.*' 

'^That if any school district is no>y, or hereafter shall 
become, destitute of a school house, or if the school 
house in any such district is now, or hereafter shall be- 
come, ruinous and out of repair, and the InhabitaDts 
thereof shall refuse or neglect to build, purchase or, re- 
pair their school house ; in such case/any three or mere 
of the freeholders, resident in such district, may apply 
in writing to the selectmen of the town fo which such 
district belongs, stating the destitute situation of such 
district, or the ruinous condition of the school house 
;therein, and the refusal or neglect of said inhabitants; 
and the said selectmen thereupon may, and they hereby 
are, authorized to assess upon such district, such sum or 
sums of money as they may deem requisite for the build- 
ing, purchasing, or lepairing of a school house and other 
oecessary buildings therein, in the same manner as if such 
sum or sums had been voted to be raised at a legal meet- 
ing of said district, and may, in like manner, cause the 
same to be levied and collected, and under their direc- 
tion, or by a committee, or agent by them appointed, laid 
out and expended in building, purchasing, or repairing a 
ichpol house and other necessary buildings^ as aforesaid.'^ 



S«CT*4. ^ Schools. 165 



8EQTION IV. 

OV THE DUTY OF SELECTMEN IN RELATION TO 1UI8IN0 MONET TO 

SUPPORT SCHOOLS. 

The statute of July 6, 1827, entitled " an act for the 
support and regulation of primary schools," enacts, 
^' that the selectmen of the several towns and places 
within this state he, and they hereby are empowered and 
" required to assess annually the inhabitants of their re- 
spective towns and places, according to their polls and 
ratable estates, tog^ether ivith the improved and unim- 
proved lai.ds and buildings of non-residents, in a sum to 
be computed at Ihe rate of ninety dollars for every one 
dollar of their proportion for public t taxes for the time 
being, and so for a greater or less sum ; which sums, 
when collected, shall be appropriated to the sole purpose 
of keeping one English school or schools within the 
towns and places in which the same is^hall be assessed, tor 
teaching the various sounds and powers of the letters in 
the English language, reading, writing, English grammar, 
arithmetick, geography, and such other branches of ed- 
ucation as may be necessary to teach in an English school, 
Including the purchase of necessary fuel for such schools.'' 

'• That it be the duty of the selectmen of the several 
towns and places, to assign 1o each school district in their 
respective towns and places, a proportion of money as> 
sessed in each year as aforesaid, according to the valua- 
tion thereof for that year, or in such other manner as the 
several towns at their annual meeting shall direct." 

'^ That if the selectmen of any town, or place, neglect 
to assess and assign /or the purpose aforesaid, the money 
required by this act to be by them assessed and assigned 
as aroresaid, subh selectmen shall forfeit aqd pay the full 
sum, in assessing and (issigoing which they shall be found 
delinquent in, which sura shall be recovered by bill, 
N plaint, or information in the superior court of judicature; 
and when recovered shall be appropriated for keeping a 
school, or schools, in the town, or place, where such de- 
linquency shall happen; and it shall be the duty ofth« 



166 ' Schools. " Secv. 5. 

town clerk for the time being,' except he shall be also 
one of the selectmen, in which case it shall be the dntj 
bf the first constable of the several towns, and places, to 
«ee that sach sums are collected out of the goods and es- 
tate of such delinquent selectmen ; ;ind that the nioney so 
collected be appropriated according to the true iDteot 
and meaning of, this act/' 



SECTION T. 



OF THE ^UALIFICATfONS OF TEACHERS, AND THE VISmNG OF 

« SCHOOLS, &0. 

The statute of Jply 6, 1827, entitled <•• an act for the 
support and regulation of primary schools,!' section 3, 
enacts, ^' thai there shall be appointed by the selectmen 
annually in the month of March in each town a superin- 
lending school' committee, consisting of not less than 
three nor more than live persons, whose duty it shall be 
to examine schoolmasters and school mistresses propo«« 
' ing to teach school therein. And it shall be the duty of 
said>comn^iltee, or one or more of them, to visit and in- 
spect all the schools in their respective towns at least 
twice in each year, and to inquire into the regulations 
and discipline thereof, and the proficiency of the schol- 
ars therein, nnd to use their influence and best endeavors, 
that the youth in the several districts attend the schools. 
And the said committee shall have power, nnd it shall be 
their duty, to dismiss any school master or school mis- 
tress, who shall be found by them, or a majority of them^ 
incapable or unfit to teach such school, notwithstatodiog 
}ie or she may have procured the necessary certificates, 
as are kiereinafler required ; which dismission ' shall be 
notified to said master or mistress in Writing by said coid- 
mittee or a majority of them ; but said master or mis* 



( 



< 



»xcT. 6. Schooht, " 167 

tress 8& dismissed shall be entitled to pajment for his or 
her services until such dlsmissioD. And the said com-, 
mittees are furthermore empowered and required, on 
application made to tbem by any master ^or mistress of 
any jschool in their respectivte towns, or by any inhabitant 
of aoy school district therein, at iheir discretion, to order 
the expulsion ot any scholar fropr any school iu their re- 
spective towns,' who will not obc^ and submit to the ne- 
cessary and reasonable rules, orders and regulations of 
said school." 

^^ That it shall be the 4uty of the said superintendisg 

committees of the several towns in the state, to direct 

nod determine the class books to be used in the respec* 

tive classes in the several towns to which they belong ; 

and the scholars attending svich schools shall be supplied 

by their parents, masters, or guardians^ with the books so 

prescribed by said committees. And if any parent^ gaar- 

diac, or master shall, after notice given him or her, by 

the master or mistfess of any such school, refuse or neg* 

lect for the space of eight days, to ffjrnish their several 

scholars with the books so prescribed for their respective 

classes, the. selectmen of the town, on being notified by 

said master or mistress, shall forthwith furnish the same 

tor such scholars, at the expense of the town. And the 

said selectmen or their successors in office shall add the 

amouht of the books so furnished to the ne^t annual tax 

of the parents, msisters, or guardians, who ought to have 

furnished the same ; and the amount so added shall be 

levied, collected and paid into the town treasury, .in the 

same manner as other town taxes : Provided^ however, 

thai in case such selectmen shall be of opinion that any 

such parent, master, or guardian is not able and cannot 

afford to pay the whole expense of the books so furpish* 

ed on his or her account, such parent, guardian, or mas- 

ter shall *be exonerated from the payment of the whole 

or any pnrt of such expense, and the said selectmen shall 

omit to add the amount of such books, or shall add only a 

part thereof to the annual tax of such parent, master, or 

guardian^ according to the proportion of such expense 

which such parent, master, or guardian shall in theic 

opinion be able to pay: Providedy nevertheless, that in 

cases when children are already supplied with books, 

which shall not be' considered by said superintending 



1 68 - SnAooU. Sect. 6. 

committee extremely faaltj ia comparison with others 
which might be used, and which may be possessed in such 
nambers in any school as to admit of the proper and con- 
venient classification of such schorl, in that case said 
committee shall not direct the purchase of new books, 
without first obtaining the consent of (he parents, mas- 
ters, or guardians of a majority of the children so already 
provided for, until the expiration of two years from the 
passing of this act : Provided^ also, that said committee 
shall never direct any school books to be purchased ornsed 
in %ny of the schools under their superintendence, which 
are calculated to favor any particular religious sect or te- 
net. And it shall also be the duty of the superintending 
committees in the several towns in this state, to present a 
written report to their respective towns, at their annual 
meetings in the month of March in each year, stating the 
number of months public schools have been kept in each 
district in said towns, and whnt portion thereof has been 
kept by male, and what by female teachers ; the whole 
/ number of scholars that have attended each school ; the 
progress made in the various branches qf learning In 
each school ; the number of children between the ages 
of four years and fourteen years in each district, that 
have not attended the schools therein ; and the number 
of persons if any in each district, between the ages of 
fonrteen and twenty-one years, who cannot read and 
write.'* 

^' That there shall be chosen at the annual meeting, in 
the month of March, in each of the towns in this state, a 
district committee, consisting of one person, for each 
school district, who shall be a resident in the district for 
which he shall be chosen, and be called the prudential 
committee thereof; whose duty it shall be to select and 
contract with the teachers, for his district, to provide for 
their board, to furnish the necessary fuel for the school, 
and immediately on the commencement of any such 
school in his district, to give information thereof to the 
superintending committee of the town. And it shall also 
be the duty of the prudential committee^ in each district, 
to give such information and assistance to the superin- 
tending committee as may be necessaiy to aid them in 
the discharge' of the duties required of them by this act 



Sect. 5. ' ScheoU, . 16^ 

• * 
Provided, that in any town in this state, which shall at 
any legal meeting, holden for that parpdsey so determiQe, 
the said prudential committee may be chosen in the sev* 
eral school districts to which they respectively belong, 
iu such manner as said district may decide;" 

^^ That no person shall be employed, as a school mas- 
ter, in any of the schools aforesaid, unless he shall be a 
citizen of the United States, and shall produce a certifi- 
cate from the superintending school committee of the 
town where such school is to be kept, and also^ from some 
person of liberal education, literary pursuits, and gt)od 
moral character, that he is well qualified to instruct 
youth in the various sounds and powers of the letters in 
the English language, reading, writing, English grammar, 
arithmetick, geography, and such other branches of ed- 
ucation, as may be proper to be taught in an English 
school ; and also a certificate from the selectmen of the 
town to which he belongs, in case there be any, other- 
wise from three of the most reputable inhabitants' there- 
of, that to the best of their knowledge, he is a person of 
sober life and conversation, and of good moral charac- 
ter. And no person shall be employed as a school misr 
tress, unless she shall produce a certificate from the Ibu- 
periotending school committee of the town where the 
school is to be kept,' that she is suitably qualified to . 
teach the English language grammatically, and the .rudi- 
ments 0^ arithmetick and geography, and produce satis- 
factory evidence of her good mora) character. And do . 
person, who shall teach any school required by this act, 
' without 'producing to the district committee of the dis- 
trict in which said school is kept, prior to his or her 
commeociog the same, the certificates required by this 
act, shall have or receive any thing for his or her ser- 
vices, but shall be forever barred from recovering the 
same." 

^^ That it shall be the duty of the presidents, profes- 
soVs and tutors of colleges, and the preceptors and teach- 
ers of academies, and all other instructors of yduth to 
take diligent care, and use their best endeavors, to im- 
press on the minds of children and youth committed to 
their care and instruction, the principles of piety and 
justice, and a sacred regard to truth, love of their coud- 



170 Sckoob. ' Sect. 5. 

trj, hamanitj and benevolence ; spbriety, indnstrj and 
frugality ; chastity, moderation and temperance ; and all 
other Tii'tnes which are the ornaments of human society. 
And it shall be the duty of such instructors, to endeavor 
to lead those under their care into a particular under- 
standing of the tendency of the before mentioned virtues 
to preserve and perfect a republican form of government, 
and to secure the blessing of liberty, as well as to pro* 
mote their future happiness ; and the tendency of the 
opposite vices to slavery and ruin." 

^ That the superintending committees aforesaid shall 
receive from their respective towns a reasonable com- 
pensation for their services performed in pursuance of 
this act.^' 



FORM NO. L 



Porm of the dismission of a school master who is found 

incapable. 

To Mr* A. B. a school master now employed in district 
Ao. 1, in the town of Concord^ in tiie county of Mer- 
rimack, 

The undersigned, the superintending school com- 
mittee of the said totvn, having visited and inspected 
the school under your care, and inquired into the reg- 
ulations and discipline thereof, and the proficiency of 
the scholars therein, have with much concern come to 
the conclusion, that you hdve not as a teacher the 
qualifications which the wants of the said school de- 
mkxA. You will therefore take notice that from and 
after the day when this shall be delivered to you, 
your employment in the said school is to cease. 

M.N. 
• O.P. 

L.S. 

Concord, July 25, 1838. 



Ssor. 6; Schools. 171 

PO^M NO. II. 

Shrm of a eerUficaU to be given hy selectmen a»totke 

character of instrtidors. 

To aU whom it may concern. 

This certifies, that Mr. A. B. of this town, is to 
the best of our knowledge a peHon of sober life and 
conyersation, and of |;ood moral character. 

M. W. ) Selectmen 



Warner, July 26, 1828. 



C. H. } of 
P. B. S Warner. 



FORM NO. Ill- 

'Form of a certificate to be given by the superintending 
School committeCj and by some person of liberal edue^" 
fion, as to the qualifications of instructors. 

To all whom it may concern. 

This certifies, that we have this day made due in- 
quiries, and are of opiniou that Mr. C. D. who propo- 
ses to teach a school in the town of Concord, is well 
qualified to instruct youth in the various sounds and 
powers of the letters in the English language, read- 
ing, writing,EngIish grammar, arithmetick,- geography, 
and such other branches of education as may be pro* 
per to be taught in an English school. 
Given under our hands, this day of A. D. 1828.. 

M. O. ^ Superintending 
P. Q. > school committee of 
R. S. 3 Concord* 
John May, A. B> 



172 



Schools, 

FORM NO. IV. 



DECT, 0. 



Fomi of a certificate to be given by the superintending 
school . committee as to the quatifications of a school 
mistress. 

To all ufhom it may concern. 

This certifies, that we have this day made due in- 
quiries, and are of opinion that Miss C. D. wlio pro- 
poses to teach a school in the town of Concord, is 
suitably qualified to teach the English language gram- 
matically, and the rudiments of arithmetick and ge- 
ography. 

Given under our hands this day of A. D. l8tS, 

M. 0. ) Superintending 
P. Q. > school committee of 
R. S. ) Concord. 



I 



(173) 



CHAP. XXI. . 
^T AOTIOKS Ain> :»BO0S88 ZXT FAVOm QV 

The staltite of June 26, 1827, entitled «ah act directing 
the mode in which process shaiU' be served upon towns 
and certain other corporations and in which executions 
igainst towns shall be levied and for other pu-rpcses,'^ 
enacts, " that the inhabitants of every town ir this sjate 
are declared to be a body politic and corporate, and as 
such, by the name of their incorporation, may sue and 
be sued, and may prosecute and defend acy action or 
suit, in any proper court in this state ; and such towns 
may, at any legal meeting duly warned and h olden iii 
the towns respectively, choose an agent or agents, attor- 
ney or attorneys, for the purposes aforesaid ; and a cer- 
tificate of such appointment, signed by the town clerk, 
shall be deemed sufficient evidence thereof." 

" That all trustees of colleges, academies, schools, and 
.proprietors of common and undivided lands, grants and 
other estates or interests, be, and hereby are, empower- 
ed to sue, prosecute and defend any actions, and to ap- 
point an agent or agents, attorney or attorneys, to appear 
fof them and in their behalf." 

'^ That when any town, body politic or corporate, ox 
the proprietors of any common and undivided lands, 
trustees of schools, academies or colleges, are sued, an 
attested copy of the writ shall be delivered to the. clerk 
of such town, body corporate, or proprietors bf common 
and undivided lands, or trustees, or to one of the princi- 
pal inhabitants or members, thirty days before the sitting 
of the court to which the same is returnable, or left the 
like number of days before the silting of said court, at 
his last and usual place of abodfe." 

^^ That when judgment shall be rendered against toxvna 
in any civil suit, the goods and estate belonging to suc)| 
corporations shall be answerable and stand chargeable to 
satisfy the judgment ; and execution may be sued ^nd 
levied as in other cases. And when the officer, having 
such execution, caDDoi find anygood^or esta(^ belonging 

16* 



<■/ 



174 Aetiom and Proeeu. 

to fach town, he shall apply to the selectmen of said 
town, or any one of them, whose datj it ehall be (o pay 
and satisfy the same in money, if they have any in their 
hands, or in the town treasury ; and if the selectmen have 
oot money in their hands, or in the towo treasury, soffi" 
dent to satisfy such execution, the said officer shall leave 
an attested copy of the same with said selectmen, who 
are hereby empowered to assess the inhabitants of such 
town in a sum sufficient to satisfy such ezecation with 
costs, agreeably to law, and to collect such assessment bj 
themselves, or a collector by them appointed, withio 
thirty days from the time of such assessment being made. 
And if any collector, who shall hare an assessmeut com- 
mitted to him, with a warrant to collect the' san^e hy 
virtue of this act, shall neglect to collect apd pay over 
to ihe selectmen the sums mentioned in such assessment, 
within thirty days after he shall receive the same, ii 
nhall be lawful for the selectmen to issue their extent 
against such collector.'' 

*^ That when any selectmen shall be served with the 
copy of an execution agreeably to this act, and the same 
shall not be satisfied within sixty days from the time of 
leaving such copy with them, the bodies, good^ and es* 
tates of such selectmen shall be liable and subject to be 
taken' upon the execution so sued out, and the same may 
be so satisfied with costs.'' 

*' That upon any indictment, presentment or informa- 
tion against any town, a summons shall issue against such 
town, and shall be served by leaving an attesttid copy 
with the town clerk or selectmen, or at either of their 
last add usual, places of abode, and if there be no select- 
men or town clerk, with an inhabitant of such town, or 
at his last and usual place of abode, at least thirty days 
prior to the sitting of the court, which shall be deemed 
a sufficient service and notice', and the selectmen, or 
theit agent or attorney, duly authorized by the (owo, 
•hall be admitted to defend in the name and behalf of 
the town, and upon due service being made, if the se- 
lectmen, or the agent or attorney or other iphabitaa(s so 
summoned do not appear, or appearing do not plead, th^ 
iourt may order a default to be entered, or shall ordei 
the general issue to be entered^ upon which the mei^ 



Aeliom cmd Proceu^ 



11$ 



shall be tried, and jiidgmeot rendered accordioglj. And 
all fines' duly imposed maybe levied and /collected by 
execution or warrant of distress, in the name of ihe 
state, to be sued out upon the judgment in the same man- 
ner as is poin^d out in this act for collecting ezecvtiMM 
trliichjssue in civil suits." 



(176) 



CHAP. XXII. 
or TBB BODsmm of tcwks to njkiass b*?- 



SECTION 1. 

THE GENERAL POWER OF TOWNS TO MAKE BY-LAWS. 

The statute of June 28, 1827, entitled "an act reg-u- 
latiog towns and the choice of town otficers," section 13, 
enacts, "that the inhabiiants of every town m this state, 
qualified by law to vote in town affairs, at any meeting 
duly warned and legally holden, are hereby empowered 
to make and agree upon sacn necessary rules^ orders, and 
by-laws, for the directing, managing, and ordering ^he 
prudential affairs of such town, and to annex penalties to 
such laws, not exceeding four dollais for one offence, and 
enuring to such uses as they shall direct. Provided^ such 
laws be not repugnant to the constitution and laws of this 
state. And the said penalties, for any breach of any such 
by-law, shall be recovered before any justice of the pesce 
not interested therein." 



SECTIONS. 

THE POWER Oy TOWNS TO MAKE BY-LAWS TO PREVENT HORSES, 

&C. FROM GOING AT LARGE. 

The statute of June 17, 181!, entitled "an act to au- 
thorize towns to make by-laws to prevent horses, mules, 
jacks, neat cattle sheep and swine from going at large," 
enacts, ^'that any town at its annual meeting, or at any 
meeting legally holden for the purpose, may make by- 
laws, to prevent horses or horse kind, mules, jack^s, neat 
cattle, sheep and swine from going at large in any street, 
highway or common, or in any public place within Its 
jurisdiction, defined by^ known limits, from and after the 



Sect. 2: * By-Laws. ^ 177 

first day of April until the last day of Octobysr in each 
year on penalty that the owner or owners, or person 
having the care of any horse or horse kind, mule, jack, 
neat cattle, sheep or swin-e, so going at large^ ^hall for- 
feit a sum not exceeding four dollars for the breach ot 
any by-lafw so made, to be recovered by action of deUt 
before any justice of the peace, to and for the use of the 
person who shall sue for the samei with costs of suit ; 
unless it shall appear that such horse or other creature 
as aforesaid, was going at large without the knowledge or 
negligence of the owner ^or person having the care 
thereof — any law heretofore ta the contrary notwith- 
standing.^' 

The statute df July ]/l8S2, entitled ^^an act in addi- 
tion to>^an act entitled an act to authorize towns, to make 
by-laws to prevent horses, mules, jacks, neat cattlf^, 
sbeep and swine from going at large," enacts, " that any 
town at its annual meeting or at any meeting Regally 
holden for the purpose, may make by-laws to prevent 
horses, or horse kind, mules, jacks, neat cattle, ' sheep 
and swine ftom going at large in sny street, highway or 
common, or in any public place within its jurisdiction, at 
any time during the year, on the penalty that the owner 
or owners shall forfeit a sum not exceeding four pilars 
for the breach of any by-law &o metde, and which shall 
be recovered in the same way and manner as is provided 
In the act to which this is in addition.'? 



(118) 



' CHAP. XXII!. 

OV TBB tiA-WB KBXiATZVS TO ^^ATOBIKBV 

zxr Towars. 

The sfatnte of December S3, 1791, entitled <^an act 
to empower watchmen to apprehend and commit disor* 
derly persons as hereinafter declared,^' is as follows : 
*^ Whereas it is jadged very expedient that a walking 
niglit watch should be kept in such towns in this state as 
shall think proper to support the same, to prevent house 
breaking, stealing, and other disorders, as well as to make 
seasonable discovery of fires ; but as the persons employed 
in that service may not have authority ex officio^ to re- 
strain any one they have reason to suspect or find engag- 
ed in any such crimes, they may be exposed to iosalta 
and suits : wherefore for their security, and to enable 
them the better to effect that part of their duly : 

Bt it enacted hy the ienati and house of repreaerUalivei^ 
in general court at^emhied^ That the selectmen in any 
town which have, or shall at any legal meeting, deter^ 
mine to maintain such night watch, are hereby authorized 
to agree with so many suitable persons as the town 
have, or shall order as aforesaid, for performing a walk- 
ing night watch in such town, and appoint their limits 
and station, and all things t'equisite for said service, and 
to give them such iiistructions as they shall judge proper 
for the best execution of the office of such watchmen, 
as also, to pay th/em according to such agreement. And 
such watclimen shall have by virtue hereof, full power to 
restrain any person c r persons they shall 'Bnd committiog 
any kiud of disorder or disturbapce, or any crime, or 
such as are strolling about the streets or highways at ui^ 
Beasonable hours, who refuse to give any, or may justly 
be suspected to give a false account of their business or 
desi|;n, or who can give no account of the occasion of 
their beiujg out. And for this purpose, such watchmen 

are heiebv authorized to command assistance as occasion 

* - I — — 

* By mistake for the word csnvtned^ which the constitntioa 
iv^inrea. 



Watehm 



fT9 



than require, aod to commit the offenders to the common 
gaoly where that may be done, or put them under keep- 
ers till they pan be carried before one or more justice' 
or justices of the peace for said county, which such 
watchmen arei hereby authorized and directed to do as 
soon as may be the next day, In order to the examinao 
tion of such offenders, and their being dealt w^th accords 
ing to law. And the said watchmen are hereby author- 
ized to execute and discharge the duty and instructions, 
which they shall receive from time to time from the se- 
lectmen, with whom they shall agree as aforesaid, and 
are according]}^ directed so to do; and shall be under 
oath, to be administered by any justice of , the peace for 
said county, to the faithful discharge of their trust, agree- 
able to their contract with the selectmen^ And eyery 
person duly required and commanded to assist the said 
watchmen, or iiuy of them^ to apprehend 'or Iieep'ahy of 
the offenders aforesaid, or commit them pursuant to this 
act, who shall neglect or refuse so to do, shall be liable 
to the same penalty by law inflicted fcr neglecting or re- 
fusing to assist the sheriff in cases where they are by 
law required." 



(180) 



CHAP. XXIV. 

# 

or T3S1I ZiATRTS |LttLATZKO TO n>XOTS> XiTTZTA- 
TIOS AJTB VBBSOXrS DZSTRACTBD.' 

The statute of July 2, 1822, entitled " an act defining 
the jurisdiction, powers and duties of a judge of pro- 
hate, and the duties, exemptions and liabilities of execu- 
tors, administrators and guardians, in certain cases," 
sec. 23, enacts, *' that upon a request made in writing by 
any relative or friend of any person, who is an idiot, non 
compos, lunatic, or distracted person, or upon the like 
request of the overseers of the poor of the town, in 
which such person lives or is an inhabitant, that a guar- 
dian may be appointed over such person, the judge of 
probate for the county in which said town is situated 
shall cause the selectmen of such town to make inquisi- 
tion thereinto ; and if, upon return of such inquisition 
and due examination had, it shall appear to the said 
judge and be decreed by him, that s^ch person is an 
idiot, non compos, lunatic or distracted person, it shall be 
in the power of the said judge to appoint a guardian pr 
guardians over such person ; Provided^ no such decree 
shall be passed or appointment made, until the person, 
over whom a guardian is requested, shall have been cited 
and had opportunity to appear aqd shew cause against 
the same^ An<l when any person, by excessive drinking, 
gaming, idleness, debauchery, or vicious hai)its of any 
,kind, shall so waste,, spend, or lessen his estate, or shall 
so negle^ct to attend to any useful calling or business 
which he may be capable of attending to, as thereby to 
expose himself or his family, or any of them, to want or 
suffering circumstances, or to endanger or expose the 
town to which he belongs, in the judgment of the select- 
men of the town in which he resides, to charge or ex- 
pense for the maintenance and support of him, or his 
family, or any of them, and the selectmen, or the major 
part of them, shall make complaint thereof in writing to 
the judge of probate for the county where such person 
resides, said judge shall appoint a day of hearing, apd 



Idiots^ Lunatics J ^c, 181 

canse the person complained of to hnve due notice 
of the complaint and ol the time of hearing the enme, 
to the end that he may appear and be heard thereon ;■ 
and if, upon examination had, it shall appear that such 
person comes within the description .aforesaid, the said 
judge is hereby empowered to appoint, and shrill appoint, 
one or more of the said selectmen^ or some other suita- 
ble and discjreet person or persons to be guardian or 
guardians over such person so con^plaltied oi\ And ev- 
ery guardian appointed by virtue of this section shall 
give bond to the judge of probate in a reasonable sum 
with sufficient sureties, upon condition, among other, 
things, lor the faithful discharge according to law of the 
trust reposed in him, and for rendering upon oath a true 
and just account of his guardianship when and so often as 
he shall be thereto required. And it shall be the duty of 
every such guardian, to make and return a true and per- 
fect inventory of the estate of bis ward, in the same way 
and manner as inventories of estates of persons deceased 
^are taken and made. And it shall also be the duty of 
such guardian, to take care as well of the person, us of 
the estate both real and personal of his said ward, and 
the same to improve frugally and without waste or des- 
truction, and to apply the annual profits and income 
thereof for the comfortable maintenance and support of 
his said ward, and also of his household and family, if 
any such he have, aud to collect the dues of his said 
ward, to pay his just debts out of his property in the most 
economical' and least expensive manner, and In $11 things 
to use his endeavours that his said ward shall suffer no 
injustice, and generally, to take care of the estate and 
rights of his said wart! in as full and ample a manner as 
the said ward could or might do were be in his right 
mind or not under guardianship ; and such ward shall sue 
and be sued, prosecute and defend by his guardian. ' And 
every such guardian shall, immediately after his appoint- 
ment, give public notice thereof in some public iicw8« 
paper printed in the county, if any there be, or in such 
newspaper as said judge shall ' direct, aqd in all .cases 
shall post up a notification thereof in the town where his 
ward resides. And it shall be the duty of every guar- 
dian appointed over any person on account of hii viciouff 

IT 



182 Idiots^ Lunatict^ 4*^« 

habits as aforesaid, to inculcate liabits of sobriety and is- 
dustry ia his ward ; and be hiay bind his ward, or the 
children of such ward out to labour, or employ them ia 
the work'house ; provided^ that every contract made by 
the guardian int^such case shall be in writing .and express 
the term which the person so bound out or employed is 
to serve, which shall not exceed one year at a time, bat 
may be renewed as there shall be occasion.'' 



FORM NO. L 

Form oj a request by the overseers of the poor to a judge 
of probate^ to appoint a guardian to an idiot or dis» 
tradted person. 

To the honorable J. H. Judge of Probate of Willsy Sfc. 
in and for the county of Rockingham. 

The undersigned, overseers of the poor for the 
town of Derry, represent that G. H. of said Defry, 
and an inhabitant thereof, is a distracted person and 
incapable of taking care of himself : they therefore 
request that inquisition thereof may be made, and a 
guaidian be appointed for said 6. H. as the law in such 
cases directs. 

Dated at Derry this day of A. D. 1828. 

W.H. 
L. M. 

; O. p. 



FORM NO. 11. 

Form of a complaint by the selectmen to a judge of pro- 
bate against a person uho wastes his estate by excessive 
drinkingy ^c. 

To the honorable J. H. Judge of Probate of WilUj ^c. 
mithin and for the County of Rockingham. 

The undersigned, selectmen of the town of Ches- 
ter, in said county, represent that G. H. of ss^id Ches- 



\ 



Idiots J Lunatics^ i^e. {83 

t*r, and an inhabitant thereof, by excessive drinking, 
idleness and vicious habits, is so wasting, spending and , 
lessening his estate, a« thereby to expose himself and 
his family to want, and the said town to the charge 
and expense of maintaining him and his family ; 
wherefore they request that a guardian may be ap*' 
pointed for the said G% H. as the law in such cases 
directs. ^ 

Dated at Chester this day of A. D. 1828. 

vA. B« 
CD. 






FORM NO. III. 



Form of a return of a,n inquisition by selectmen. 

To the honorable J, H, Judge of Probate tf WilU^ 8f^ 
tscithin andfoi the county of Rockingfmm, 

The undersigned, the selectmen of the towii of 
Chester, Tn the county of Rockingham, in obedienoe 
to the within order, having gone to the within named 
G. H. in our own persons and circumspectly examined 
him touching his condition by such ways and means as 
ve might be best informed, and having diligently en- 
quired whether he the said G. II. were non compos 
mentis. or not, <Io find that tfio said G. H. is non compos 
mentis^ and incapable of taking care of himself. 

In witness whereof we have hereuhto set our hand^ 
this day of JL D. 1828. 

A. B. 
C. D. 
E. F. 



) 



(184) 



CHAP. XXT. 
or TBB BxrrxBs or ssxiCCTatexr "wttb sb- 

SrSOT TO THS KATIOirS /kZn> Aw^fff OV 
THZI UXIiXTZA IXr OEKTAZXT 0A8BS. 

The statute of Janiiarj 3, 1829, cnnttp, ^' that eyrerj 
officer, nonrcommissioned officer and private, shall C:od- 
btamly keep himself furnished and provided wi(h the 
arms and equipments required by law, except such prl- 
tate of infantry as shall not be able to provide for him- 
self: and every parent, master or guardian shall furnish 
Bach minors liable to do military duty, as are under their 
care rospectivfly, with the arms and equipments afore- 
said, unless such parent, master or guardian shall be una- 
ble to furnish the same ; and no private shall be (Consid- 
ered unable to f)rovide himself, nor any narent, maister 
or guardian unable to furnish any minor under hid, care, 
tvilh feuch arms and equipments, unless he shall produce, 
after the first day of April and 'before the first day of 
May annually, to the commanding officer of the compa- 
ny to which he belongs, a certificate of such inability 
from the overseers of the poor of the town where he 
resides ^ and the commanding officer of sack compnpy 
shall forthwith lav such certificate before the seleclmcd 
ol the town ivhere such private or mingr roUdes :* and 
it shall be the duty of such selectmen forthwith, and at 
the exprnsc of their respective towns, to (provide for 
every such person the arms and equipments aforesaid, 
and they shall deposit the same in some safe and conven- 
ient place,and shall permit the commanding officer of the 
ffiompany to which soc^i person l»elongs, to deHver such 
arms and equipments to such private or minor, whenever 
his company shall be ordered out for military duty : and 
the said commanding offiper shall be responsible for the 
eafe return of such arms and equipments to the place of 
deposit." , 

" That the selectmen of every town and plade shall 
pay to each officer^ DOD-cooHDiBsioned officer and private^ 



Common Nuisances* 



185 



within their respective towns or places, on each regi* 
. mental, brigade or (iivi«(ion muster, w)io shall be oadutj, 
thirty one cents, to he paid on the piirnde where suclx 
musters arc ; and the comninnding officer of each conai- 
pany shall give notice of the tirre and place, .with the 
nuoiber of men under their command who are liHble to 
do (military) duty, to the selectmen of the town or place 
where they belong, at least six days previous to the day 
ofcjuster. And if the selectmen of any^tovvn or place 
. after having been so notifiecTshall neglect or refuse tp 
pay to each non-commissioned officer or private the 
above sum, they shall forfeit and pay the sum of fifty: 
centfl to each nen-commissioned officer and private whom ^ 
the^ shall neglect to pay, to be recovered by the com- 
manding officer of the company which shall be so neg- . 
lected, in any court or before any justice proper to try ^ 
the same, to be paid ovier, to the non-commissioned offi- 
cers and privates who shall have been neglected to h% 
paid as aforesaid.^' 



CHAP. XXVI. 



or TBfi ZiA'WS tLEZMATJJXa TO OOMBKOXr 

XTUZSiLNCBS. 

The statute of January 3, 1792, entitled '< an act ^ 
prevent common nuisances," enacts, *' that where any 
slaqghter house is already erected for killing of beasts in 
the compact part of any populous town in this state, the 
owner or occupier thereof shall at least three times in 
every week, from the last day of March to the last^ day 
of October^ annually, remove and carry away, or c^use 
to be removed and carried away from such slaughter 
house or out house or houses, or the appendages thereof, 
to some remote pdrt of the tbwn, all the entrails, gar* 



186 Common Mdsanees. 

bage, 61 th nnil offals of soch beasts as ma}' have been kil- 
led (here, and as of\en as need be, sufficiently wash and 
cleanse their said houise or houses, u^ed for killing of 
beasts, so as noore eff*ectually to prevent (be stanch and 
effluvia thereoffrom disturbing the peace and endanger- 
ing the health of any of the citizens of this state, on 
plenalty of forfeiting the sum of thirty shillings for each 
ivcek^s neglect, to be recovered before any justice of Iho 
peace in the county where the offence may be commit- 
ted ; one moiety thereof to the person who shall complain 
or sue for the same, and the other moiety shall be for the 
benefit of the poor of thex town where the offence is 
committed : aitd the proof of any dead blasts hanging up 
in any out house, or the laying in or carrying out the en* 
trails, garbage or blood of any beasts shall be sufficient 
proof in law that such house is used tor a slaughter 
house within the intent of this law/' 

^^ That from and after the passing this act, no person 
shall erect or occupy in the compact part of any large 
and populous town in thisslate, any slaughter house, or 
house for trying of tallow, or for currying of leather, ex- 
cept such as are already used for such purposes, without 
leave, first had and obtained frocp the selectmen of such 
town, together with the approbation of two justices of tbe 
peace for said ccunty, on penalty of forfeiting forty shil- 
lings a month for occupying any building in the afore- 
said trades or mysteries, except as before excepted, with* 
out leave first had and obtained in writing, under their 
bands for said purposes.^' 

^^ That in case the regulations aforesaid, respecting 
the cleansing and preventing dangerous stench and efflu- 
vias arising from the use of the slaughter houses or oth- 
er out houses that now are or that have been used In any 
populous town or tawns in this stat^ should be found inef- 
fectual to prevent the inconveniences thereof, on suffix 
cient proof of whlcbf it shall and mny be lawful for the 
justices of the superior court of this state (o take cogniz- 
ance thereof, and Issue order to the owner and occupier 
of any or all such slaughter houses or other buildlDgs 
used for killing of beasts as aforesaid, and thereby foN 
ever prohibit such use thereof; and if such owner or 
occupier refuse to obey such orderi and persist in killing 



Common /fui$anc^j. 187 

beasts ns nforesnul, it shall nnd mny be lawful for said 
jastices ofs.iid court to issue their precept to the sheriff 
or his deputy of any county- where such offence shall have 
been committed and continued, directing him to take 
do\Yn and remove such huihilpg used as aforesaid, and to 
fiell immediately at auction, so much of the materials 
thereof as will pay him reasonably for executing said 
precept, aod all cpsts of taking down, and removing the 

" That henceforth no cart, trucks, sleJ or dray, drawn 
by either horse or horses, horse and oxen, or oxen only, 
shall be stiffered to pass through any of the streets or 
, lanes in the con^pact part of the toivn of Poitsmoutb 
fvithout a sufficient driver, who shall, during such pas- 
sage, keep with his cart, trucks, s!ed or dray, and care* 
fully attend and observe such methods as may best serve 
to keep their horses or oxen under command, and shall 
have the thill horse by the bridle or halter ; and what- 
soever carter or other person undertaking to drive any 
cart, trucks, sled or dray as shall t^glect to* observe the 
rcles aforesaid, spch carter, driver, or the owner of such 
team so offcndinfv, shall forfdt and pay the sum of six 
BhilUpgs for each offence, to be recovered in the same 
way and manner as is hereiQ before directed for othe? 
Buisanccs.^' 

^^ That no person shall ride throuj^h any of the streets 
or lanes in the compact part of any populous town in this 
state on a gallop, or- any sivifter pace than at the rate of 
five miles an hour, on penalty of forfeiting the sum of 
eit shillings for each ofTence^to be recovered in the same 
manner as befoie directed in this act for other nul- 
eances.'' 

" That no person sb«ill hereafter erect or set up any 
house of office or easement,, or lay or leave any dead 
beast or carrion within the compact part of any populous 
town in tl^is state, or suffer the same to continue, being 
already standing or set up within forty feet of any street, 
lane or highways, or the dwelling house, shop or well of 
any neighbor, except on wbarves or banks of the river, 
unless the same be vaulted six feet deep and sufficiently 
secured and enclosed, on penalty of forleiting the sum of 
twenty ehiliings for every transgressioh of this law, andl 



■*•«, ■ -. .r 



188 PropriHary Records, 

the like snmof fiventy shillings for every three months 
the said nuisance shall conlinue after the tirst convlctioD ; 
nor shall any person in, said Portsmouth erect or keep 
any pen or stye for Ewiiie so near the streets or lanes, or 
their neighbor's divellinp;, as to hecoroe a nuisance, in 
the judgment of the surveyors of the highways, or three 
at least of the selectmen of said town for the lime being, 
who are hereby >.empovvered ami directed to remove the 
same, or order it to be removed nt the expense of the 
owner, and shall recover double cost io any court proper 
to try the cause." 



CHAP. XXVII. 

or TBB XiAWB BBZi ATINO TO PBOP&XBTABY 
' BBCO]^DS. 

The statute of December 22, 1808, enacts, " that in 
every case of a proprietary of common and undivided 
land, in a town where there shall be tifty families, the 
proprietors' clerk shall live in the town.^' 

" That every clerk of proprietors of common and un- 
divided land shall be obliged to furnish such certified 
copies of the proprietary records, as are requested of 
him by any person, on penalty of forfeiting the sum of 
one hundred dollars to such person,; and said. clerk shall 
also be liable to such person requesting copies as afore- 
said, on refusing to furnish the same, for all damages 
which he may sustain in consequence of said refusal.^' 

^' That in every town having fifty families or more, 
where there is or shall be no proprietors' clerk living in 
•ach town, it shall be the ddty of the town clerk to call 
on the person having possession of the proprietors' re- 
cords, who shall be obliged, under the penalty of five 
hundred dollars, (to be forfeited to any person who will 



f 

I 



Proprietary Records. 189 

sne for the satne,) to deliver to snid town clerk said 
proprietafy records ; ^nd it s^hail be the duty of such 
town clerk, when he shall have so received said recorJs, 
to furnish cortilicd copies ol' j'tvid rcconls lo every per- 
son who tnay apply lor the same, on penalty of the sum 
6f one hundred dollars to the use o> any person who will 
9ue for the same ; and shall also be liable to the person 
BO requesting copies, tor all damages by him sustained in 
cpnsequcnce of said refusal.^' 

'^ Thai any person who shall intentionally destroy any 
proprietary records, or shall aid or assist in carrying the 
same out of this state, shall be liab'e to any person in- 
jiired thereby', for all damages ; and shall also be con- 
side red guilty of a misdemeanor, and may be indicted 
therefor." 

*' That no proprietors of common and undivided land. 
shall have power to t.ix any lands holden in severalty f 
any law to the contrary nclwiihstanding/' 

*^ That shid town clerks and said proprietors' clerks 
shall^be entitled to receive, for copies, the same rate of 
fees as is by law* allowed to clerks of the court of com- 
mon pleas, for copies." 

" That the several penalties mentioned in this act may 
be recovered by action of debt, ip any court or courts 
proper to try the same." 

• 

'The statute of July 3,.1827, ei.acts, " that it shall be 
the duty of every person in this state, not beU^g a pro- 
prietor's clerk, nor being the clerk of any town, having 
in his, or her possession, the proprietary records, or any 
parts thereof, oftrny town in this stale, so connected tvith 
the proprietary records of any other toU'n qr place, that 
they cannot be separated therefrom ^vith'out injury, to 
deposit all such rccoi'ds, either i.n the oHicc of the town 
clerk of some one of the towns iirst incorporated, to 
^which such records may relate, or in t,he oflice of the 
secretary of state, within three months after the passage 
of this act, or within three, months from the time such 
records may hereafter come to his or her possession, on 
penalty of forfeiting the sum of one hundred dollars, to 
the use of any person who may sue for the same^ to be 
recovered in an action of debt." 



190 Extinptiihment of Fira. 

*^ That nf\er such records shall be deposited in tb« 
office of the town clerk, as aforesaid, or (A the secretary 
of state, it shall be the duly of such town clerk, or secre- 
tarjr, as the case may be, to make and certify copies 
thereof, or any part thereof, for the use of any person 
applying for the same ; and such copies shall be receiv- 
ed and used in all courts and all other places, as^duly 
authenticated copies of such records.^' 



CHAP. XXVIII. 
or TBB XiAVre BBZiiLTZXrO TO THB EZTZSr- 

ouzsBMxsjerT or riBss. 

The srtatute of December 16, 1828, which went into 
operation on the first day cf February, 18S9, enacts, 
*^ that the firewards of each town in this state shall, by 
major vote, choose a chairman arid secretary or cJerk. 
Avkd all acts required to be done by such fire wards shall 
be as valid and effectual if done by a majority of them, 
as if all were present and consenting thereto. And any 
notice required to be given by such fire wards shall be 
valid and cfifectual, if signed by their chairman and sec- 
retary or clerk. .And the said fircwards shall have for 
a badge of otfice a staff painted red, B\'e feet long, and 
beaded with a bright brass spire. And the said fire* 
wards are hereby required, upon the breaking out of 
any fire in any such toivn, to repair immediately to the 
place where such fire may l')e, taking with thcnx their 
badge of office, and to exert themselves vigorously, anJ 
to demand assistance from all persons present, to extin- 
guish and prevent the spreading of such fire, and to re- 
move any property endangered thereby, and to appoint 
guards to take care of such property." 

^* That the said fire wards be, and hereby are empow- 
ered to require assistance froiQ ail persons present at 



J 



, 



Extinguishment of Fim. . 191 

fDCJi fire, to puHdown) blow up, or remove any hoasei 
buildings, or other thing whatsoever, provided it shall be 
judged necessary by a mnjority of the said ^rewards then 
present, for preventing the spreading of such fire. And 
said firewarJs are hereby empowered to suppress with 
force, if necessary, all tumults and disorders, and to 
order, direct and control the labor of all persons present 
at such fire. And if any person ptesenfat such fire shall 
neglect or refuse to obey the commands of said fircwards 
or any of them, at such fire, such person shall be liable 
to a penally of fifty dollars." ' ' 

*' Thai said fire wards shallliave, at all times, the en- 
tire direction and control ot all fire engines, fire-hooks, 
hoses and other implements designed or used for extin- 
guishing or preventing the spreading of fire in any such 
town. And the said firewards shall have, at all times, 
the general direction and control of all persons chosen or 
accepted by them to serve in any engine company, axe 
company, hose company, or other association of persons, 
whose special duty it shall be to aid in extinguishing or 
preventing the spreading of fire, in all matters apper- 
taining to the duties of their respective appointments.'' 

^' That it shall be the duty of said fire wards to give a 
warrant, under the hand of their chairman, to be coun- 
tersigned and recorded by their secretary or clerk, to 
each person chosen or accepted by them to serve in any 
of the companies aforesaid, which warrant shall be valid 
60 long as such person shall continue a member of said 
company, or until said warrant shall be revoked by order 
of said firewards, and the revocation thereof recorded by 
their secretary or clerk. And every man* to whom any 
Such warrant shall be granted, not exceeding eighteen 
men to each fire engine or hase company, shall be ex- 
empted from training in the militia and serving as juror 
during the time such warrant shall be in force. FrQvip 
ded however, that when in the judgment of the select* 
men and firewards of such town a greater number than 
eighteen men shall be necessary to any such engine^ 
or hose company, additional men, not exceeding twenty- 
two to any such englac or hose company, may be ap- 
' pointed by said selectmen and fircwards, and a warrant 
I signed h^f said selectmen, and also signed, pouptersigned 



< 



I 



I9S Extinguishment of Fires. 

^and recorded, ns nforesnid, shall entitle sach additional 
men to be exempted as aforesaid.^* 

/" That if any person shall assume the office of fire- 
ward, hot heing thereto legally chosen, or shall use the 
badge aforesaid, he shuU be liable to the penalty of fifty 

dollars." 

• 

** That if any person or persons shall, at such fire, 
plunder, embezzle, convey away, or conceal any goods 
or effects, and shall hot forlhvvilh 'deliver the same or 
give information thereof to the 'o\\>ner or owners, if 
known, otherwise to one of the firewards, such person or 
persons shall be deemed and taken to be guilty of larce- 
ny thereof." 

^^ That the major part of said firewards present at any 
such firr, are hereby empowered to cause any houses, 
buildings or other thing whatsoever to be pulled down, 
blown up or removed, that they shall judge necessary to 
gtop the progress of such lire. And it by destroying or 
injuring' any such houses, b'jildings,#or other tiling as a- 
loresaid, the fire shall be stopped, or if the lire shall he 
stopped befor^ it reach the same, the owner or. owners , 
of every such house, building or other things shall re- 
ceive a reasonable cowpensalion for the injury done to 
the same, to be paid by the town. And the scleqtnlen of 
such town, for theHimc being, 'on application to them for 
that purpose, are hereb}' empowered and directed to ap- 
praise the damage done to any house, building or other 
thing, by order of the firewaixis as aforesaid, and to as- 
sess the polls and estates in such town liable by law to be 
assessed in town taxes, their just and legal proportion of 
such damage, which shall be collected in the same man- 
ner -as other town taxes may be by law collectf.d. And 
if such selectmen shall neglect or refuse to make ade- 
quate compensation for any damages sustained as afore- 
said, for the space of three months after application to 
them for that purpose, the- party aggrieved may apply by 
petition to the court of common pleas for the county 
wherein such town may be for redress. And said court 
of common , pleas, alter reasonable notice of said petition 
to snch town, shall ascertain and determine the amount 
of such damages, and render judgment and issue execu- 
tion therefor and for costs against such town. Pro'Med, 



Extinguishment of Fires. A9Z 

however^ that viherk any sach house, hnilding ok other 
thing, ivhereiifor whereat the fire first hegan, shall be 
pulled dowD) blown up or removed by order of said fire- 
^var^s, the party injured shall not be entilled to compen- 
sation for damages as afore said« And when any other 
bouse, building or thing shall be pulled down, blown up 
or removed by order of said fire wards to stop the pro- 
gress of fire, and such fire shall not be stopped thereby, 
and it shall appear that such other house, building or 
thing nust have been /burnt if the same had not been 
pulled^down, blown up or removed, as aforesaid, the par- 
ty injured shall not be entitled to compensation for dam- 
ages as aforesaid." 

" That when, in the opinion of the firewards any buil- 
ding in such town has become dangerous by' reason of de- 
cay, or want of repairs, or otherwise, it shall be the du- 
ty of the firewards to give a written notice thereof to* 
the owner or owners of such building, if residing within 
the town ; or to the occupant of such building, if the 
owner or owners do not reside within the town ; or in 
case the owner or owners do not reside within the town, 
and there be no occupant of such building, to post up 
such notice in at least three public places in said town 
which notice shall in all cases contain a particular account 
of the repairs or alterations required to be made ; and in 
case such repairs or alterations be not made within thirty ' 
days from the time of giving or posting up said notice as 
aforesaid, the firewards may cause such repairs or alter- 
ations to be made at the expense of the town, and such 
town may recover the amount thereof against such own- 
er or owners or occupant by an action of debt before 
any court competent' to try the ^ame ; and such action 
may be brought by the firewards in the name and behalf 
of said town ; and in case, in the opinion of the fire- 
wards, such building be in a ruinous state and not worth 
repairing, and the owner or owners (io not within sixty 
days from the time of such notice make the repairs or 
alterations required therein, the said firewards may cause 
such building to be demolished at the expenseof the 
town, and shall make out a particular account of such ex- 
pense, and cause the same to be filed with their secreta- 
ry or clerk ; and in case the owner or owners do not with- 

18 



194 ' Extinguiahment of Fires. 

in five days from such filing repay the amount of such ex< 
pense, the said firewards may sell by public auction the 
materials of such building ;, and from the proceeds of 
such sale shall retain the amount of such expense and 
charge of sale, and the overplus, if any, shall pay over 
to the owner or owners of such building when thereto 
requested. Provided, however, that when in the opinion 
of the firewards the puMic safety may be greatly endan- 
gered unless such' repairs or alteratiotis be immediately 
made, they may limit and appoint such time less than 
thirty days, for making the same and give such notice 
thereot as they may think the exigency of the case may 
require, and such repairs or alterations, not being made 
by the owner or owners or occupant within such limited 
time the, subsequent proceedings shall be the same as 
herein provided in cases where such repairs or altera- 
tions are not made within thirty days after notice as 
aforesaid." 

^^ That it shall be the duty of such town to advance 
to the firewards from time to time, when thereto re- 
quested, such sums as may be necessary to carry into ef- 
fect the provisions of this act ; and it shall be the duty 
of the firewards of suqh town annually, in the month of 
Inarch, and before the auLual town meeting, to transmit 
to the selectmen an exact account of their receipts and 
expenditures in said office of firewards, which account 
the selectmen shall lay before the town at such annual 
meeting, or at any meeting adjourned therefrom ; and 
ail penalties recovered by virtue of any provision in this 
act shall be accounted for to the selectmen in their annu- 
al account as aforesaid.'' 

** That every house or other building of two or more 
stories in height, which has four fireplaces, shall be pro- 
vided with two leather buckets of such size and form as 
the firewards of such town shall from time to time pre- 
scribe ; and every such house or other building which 
has six fire places, shall be provided with three such 
buckets ; and every house or building which has eight 
fire places, shall be provided with four such buckets; 
and every house or building which has more than eight 
fire places, shall be provided w}th six such buckets ; 
^i^d every such house or building shall have thereon 9 



» . 



Extingmihrnent of Viret. 196 

good aeeure ladder or ladders reaching from the ground to 
the ridge pole ; which buckets and ladders shall be pro- 
vided and kept in good repair at the charge of th^ 
owner or owners of suc^ house or building. And in case 
the owner or owners of such house or building shall neg- 
lect to provide and keep in good repair such buckets and 
ladders, he or they shall be liable to a . penalty of six 
dollars for every three months neglect therein. And in 
case of such neglect the firewards may give notice to 
the owner or owners, or to the oceupant, if the owner 
or owners are unknown, or do not reside withih such 
town, to provide such buckets and ladders, and if the 
same shall not be provided within thirty days after such 
notice, it shall be the duty of said firevi^ards to provide 
the same at the expense of the town ; and such to^n 
may recover the amount thereof of the owner or owners 
of such house or building, t)r of the occupant in case the 
owner or owners thereof be unknovvn or do not reside 
withii^ such town,, by an action of debt before any court 
competent to try the- samie, and such action maybe 
brought by the firewards in .the name and behalf of such 
town." 

*^ That any tenant who shall be obliged to pay any 
sum of money by virtue of this act which sum his lessor 
ought to have paid, may retain the same out of the rent 
of the tenements he holds under suchjessor; or may re-^ 
cover the same against such lessor in "an action of debt 
before any court competent to try the came.^^ 

^^ That it shall be the duty of said firewards, and they 
or any of them are hereby, empowered, to cause any 
fires on any wharf or in any street or highway in any 
such town to be forthwith extinguished or removed when- 
ever In their opinion the public-safety may riequire the 
same.^' 

" That the firewards of any town be and* they are » 
hereby empowered, from time to time, to make and or- 
dain such rules and regulations not repugnant to any law:* 
oi this state respecting the kindling, guarding and safe 
keeping qf fires, and also for the prevention ^nd extin- 
guishing of fires, ot for clearing awky shavings, chips, ^ 
or any combustibU matter that may be thought dagger- 



19^ ExtingttishmerU of Fires. 

0118, from any honse or other building or place, as the j, 
in their jadgoleDt, may think proper, and such rules and 
regulations signed by the major part of said .fire wards, 
shall be recorded in the records of the town, and copies 
of the record attested by the town clerk &hall be posted 
up in two or more public places in the town at least thir- 
ty days before such rules and regulations shall take ef- 
fect. And the said firewards shall have full power to an- 
nex such penalties for the breach of acy or all of such 
rules and regulations as they may deem necessary not 
exceeding twenty dollars for each ofifence ; and such 
rules and regulations shall be in force until altered or 
annulled by the laws ot the state or by the fire wai ds of 
such town." 

^^ That all penalties incurred by the breach of any 
provision in this act, or by the breach of any roles and 
regulations made by the firewards of any ^town in manner 
provided by this act, may be recovered by action of debt 
before any court competent to try the same, which ac- 
tion may be instituted by the firewards in the name^ and 
behalf, of the town where the offence was committed ; 
and all penalties recovered, shall be appropriated by the 
firewards to the purchase or repair of engines or instru- 
ments proper to be used in case of fire or shall be paid 
into the treasury of the town. And all actions for the 
recovery of any penalty within the jurisdiction of a jus- 
tice of the peace, maky be sued and prosecuted before 
any justice, within the county where the offence was 
committed, and it shall be no cause of exception to any 
such justice, that he resides or has property within the 
town where the offence was committed.^' 

^^ That this act shall extend to, and be in force only in 
such towns in this state which shall at their annual or 
other town meetings called for that purpose, adopt the 
same. Provided hixoever^ that such town may adopt the 
whole, or any part thereof as they may think proper. 
Provded aUo^ that such town may exempt from the ope- 
ration of the tenth section of this act, such inhabitaots 
of such town as live remote from the compact part 
. thereof." 



I 



( 197) 



CHAP- XXIX. 

«F THIS CHOZOB OF BEFBBSEZrTATZVSS OF . 

OZaASSISD TOlXTirS. 

The statute of December 23, 1828, enacts, « that llhe 
meetings for the choice of the representatives of such 
towns, as are or may be classed for that purpose, shall 
be called by warrant under the hands and seal df the 
selectmen of that town, wherein the meeting is, by law, 
to be holdcQ for that year, requiring the inhabitants of 
said townSy qualified to vote for senators, to meet.at a 
certain place in said town, and at a certain hour therein 
mentioned, and expressing the purpose of such meeting., 
And the said selectmen shall post up an attested copy of 
such warrant, at the meeting-house or some other public; 
place in each of said towns, fifteen days before such meet- 
ing, and rPturn such warrant, with their >doings thereon, 
at (he time and place of such meeting.^' 

"That the selectmen of the town wherein such meeting 
is to be holden, shall lodge with the town clerk of such 
town, and shall cause to be posted up at some public 
place in said town, at l^adt' fifteen days previous to said 
meeting an alphabetical lisf of all the legal voters of ^id 
town and shall at said meeting on receiving satisfactory 
evidence thereof enter on said list the names of all legal 
voters in said town not before on said, list,' and likewise 
the names o^ all legal voters belonging to the ' towns or 
places classed with said town for the choice of a repre- 
sentative who may appear at &aid meeting and offer to 
vote." 

" That at the meetings aforesaid, a moderator shall be 
chosen, by ballot, by a majority of votes. And the said 
moderator and the selectmen and town clerk of the town 
wherein such meeting shall be holden, shall have and ex- 
ercise the same powers, perforni the same duties, and be 
subject to the same penalties and liabilites ; and t^e le- 

18* 



^ 



198 RepreietUativtt of Claued Tnms, 

gal Toten, present at aach meeting, shall hare the same 
rights, and be subject to the same, penalties and lia- 
bilities, as thej respectively would by law, if sach 
meeting were a legal meeting of the inhabitants of one 
town only." 

*< That in case there should be no town clerk of the 
town, wherein such meeting shall be holden, or id case 
of his absence, the legal voters present shall, by ballot, 
by a majority of votes, elect a clerk of the meedng,who 
shall be sworn, and shall perform the duties, by law re- 
quired of town clerks in town meetings^ and shall keep 
a fair record of the proceedings of the meeting, and 
shall transmit the same, duly certified, to the town clerk 
of said town, as soon as may be^whose duty it shall be,to 
record the same in the book of records of the town, in 
which such meeting may be holden." 

^^That if the selectmen pf the town, wherein the oaeet- 
ing of the legal voters of such classed towns for the 
choice of a representative should, by law, be holden for 
that year, ^hall neglect td warn such meeting, or to 
make, post up, and lodge with the town clerk of said 
town, a list of the legal voters in said town, agreeably to 
the provisions of this act, they shall forfeit and pay the 
sum of fifty dollars for each offence, to the use of any 
person, who will sue for the same." 



(1^9) 



CHAP. XXX- 
OS* vsca & AW8 maziATZMro to tbb mabtttito 

OF SfeCBSV. 

The statute of December 20, 1816, enacts, ^* that the 
o.wner of any sheep may ear-mark or brand the same as 
he or she may think proper, and cause thei|r seyeral 
marks or brands to be recorded in the town clerk^s office 
Id the town in which such owner v shall reside, or in 
which the sheep may be kept, and the town clerk shall 
be entitled to receire six cents for recording the same." 

" That if any person shall wilfully alter, cut out or 
deface the mark or brand of any sheep ijo marked or 
branded as aforesaid not being the proper owner thereof^ 
or if any person under pretence of marking -his owd 
sheep shall cut off the whole of an ear or of the ears of 
such sheep ; every person so offending shall forfeit fiye 
dollars for every sheep, the mark or brand of which 
shall be so altered, cut out or defaced, or whose ear or 
ears shall be so cutoff as aforesaid:— ^to, be recovered 
by action in any court proper to try the same, the one half 
to him) her or them who shall prosecute the same to ef- 
fect, and the other half to the treasury of the towD in 
which the offence shall be committed.'* 



i 



( 200 ) 



CHAP. XXXI. 

ST ATtJVBS AZaXiO WmrO PBEWZirMS FOR KZX.« 

iiZ2ra tsrozavss^ ixniiP oats, bzlaas £L2ri> 

0BOW8. 

The statute of June 12, 1801, enacts, ^« that if any 
person shall kill any wolf or wolf's whelp within this 
state, and shall bring the head of such wolf or wolf's 
whelp to the selectmen of the town or place in which 
the same was killed, and if there be no selectmen in the 
town or place where the same was killed, then to the se- 
lectmen of the town or place next to the town or place 
where the same was killed, and shall prove to the satis- 
faction of the said selectman, that the wolf or wolf'« 
whelp, the head of which he hath brought to them as a- 
foresaid, was killed by him, or by his means, or by any 
other person whose agent he is, the said selectmen shall 
cat o£f the ears from the head so brought to them as a- 
foresaid, and shall otherwise disfigure it so that it may ne- 
ver be produced for the lilce purpose again, and the said 
selectmen shall give the person so producing'^ the head as 
aforesaid a receipt for the same, and the person receiving 
the same receipt, on producing it to the treasurer of this 
state, shall receive out of the treasury of this state the 
sum of twenty dollars for every wolf killed as aforesaid, 
and the sum of ten dollars for every wolPs whelp killed 
as aforesaid.'' 

^^That the treasurer shall not pay for any receipt pro- 
duced as aforesaid, until the next session of the geneial 
court which shall happen after procuring the same, that 
he may have an opportunity of inquiring into the validi- 
ty thereof, which he is hereby directed to do." 

The statute of June 27, 1809, enacts, "that if any per- 
son shall kill any wild cat, of that species of cats which 
are naturally wild, within this state, and shall bring the 
bead " of such wild cat to the selectmen of the town or 
place in which the same was killed, and if there be no 



' WolveSi Wild Cats. Beau and Crows. 201 

selectmeD in the town or place where the same was kill-, 
ed, then the selectmen of the town or place next to the 
tomi or place where the same was killed, and shall prove 
to the satisfaction of said selectmen that the wild cat, the 
head of which he hath brought to them as aforesaid, was 
killed by him or by his means, or by any other persua 
whose agent he is, the said selectmen shall cut off the 
ears from the head so brought to them as aforesaid, or 
otherwise disfigure it so that it may never be produced 
for the like purpose again ; and the said selectmen shall 
give the person so producing the head as aforesaid, a re-* 
ccipt for the same ; and the person receiving the same 
receipt, on producing it to the treasurer of this state, 
shall receive out of the treasury of this state the sum of 
three dollars for every wild cat killed and certified as a- 
foreskid." 

The statute of December 16, 1828, enacts, ^' that if 
any person shall kill an;^ crow within this state, between 
the first day of April and the first day of July in each and 
every year, and shall bring the same to any one of the 
selectmen or treasurer of the town or place where the 
same was killed, or if there be no selectmen or treasurer 
in such town or place, then to one of the selectmen or 
treasurer of the town or place next adjoining thereto, 
and shall prove to the satisfaction of such selectman or 
treasurer, that he kiHed the crow thus brought as afore- 
said within such town or place aforesaid, and within the 
time aforesaid, the said selectman or treasurer shall cut 
off the head of such crow, and shall otherwise disfigure 
it so that it shall not be produced for the like purpose a- 
gain : and the said selectman or treasurer shall pay to 
the person who killed such crow ten cents therefor, and 
take such person^s receipt for such payment ; and the sei- 
lectman or treasurer of the several towns in this state^ 
upon presenting to the treasurer of this stale their res- 
pective accounts for monies paid by them or either of 
them respectively to any person or persons as a premi- 
um for killing crows as aforesaid, shall receive the amount 
of such accounts out of the state treasury. And the treas- 
urer of this state is hereby authorized and directed to 
pay the same accordingly.^' 



202 



Wohei^ Wild CiiU^ Bears and Ctovi. 



The statute of December 25, 1828, enacts, ^« that if 
«ny penoD ah^Il kill any bear within this state and shall 
bdog the head of said bear to the selectmen of the town 
or place in which the same was killed, and if there be no 
selectmen in the town or place where the same was kill- 
ed, then to the selectmen of the town or place next to 
the town or place where the same was killed, and shsill 
prove to the satisfaction of said selectmen that the bear, 
the bead of which he hathbrought to th.em^ was killed by 
him or by his means, or by any other person whose agent 
he is, the said selectmen shall cut off the ears from the 
head so brought to them as aforesaid, or otherwise disfig- 
ure it, so that it may never be produced for the like pur- 
pose again : and the said selectmen shall give the person 
so producing thQ head as aforesaid a receipt for the same, 
and the person receiving the same receipt, on producing 
it to the treasurer of this state, shall receive out of the 
treasury of this state the sum of three dollars for every 
bear killed and certified as aforesaid.^' 

r 

Form df^a receipt fb be given by selectmen far the head 
of a bear^ v>olf or wild cat. 

This may certify, that the undersigned, selectmen 
of the town of Concord, in the county of Merrimack, 
have this day received of A. B. of said Concord, the 
head of a wild cat, and that the said A. B. has proved 
to our satisfaction, ^that the wild cat, whose head we 
have so received, was killed by his means, (or, by 
means of C. D. whose agent the said A. B.#is.) 

In witness whereof, we have hereunto set our bands 
this first day of April, A. D. 1839. 

M-N. 
O.P- 



( ^' ) 



CHAP. XXXIL 

07 VBB ICJLXirTBirAHOB OF 7AVVBB8. 

Section 1. — General remarks. ^ 

It is a matter of no sodall moment to the inhabitants of 
towns, that the dnties, which the law imposes upon over- 
seers of the poor, should be correctly discharged. The 
expense of determining the legal settlement of paupers 
and of supporting them, is among the heaviest taxes paid 
by the people of this state. The amount of these ex- 
jpenses depends to a very considerable extent upon the 
judgment and discretion of those who have the manage- 
ment of the business. Questions of much difficulty in re- 
lation to the settlement of paupers often present them- 
selves. Much sagacity is not infrequently necessary to 
obtain the facts which must be kbown, in orde^ to ascer- 
tain the place of settlement. The selection of proper 
eoansel, upon whose opinion of the law a safe relianc^ 
maj be placed, requires the exercise of considerable 
judgment. If towns are precipitated into law-suits with- 
out due examination of the facts and this law, and without 
the direction of men competent to give sound advice, 
much useless expense will be the inevitable consequence. 
^ Even when the best light that can be had is obtained, the 
question, whether both the facts and the law are so clear 
as to render it expedient to prosecute or defend an action, 
is often exceedingly embarrassing to men of the soundest 
understanding. The true rule for settling such a ques- 
tion is, to' consider what a prudent and discreet man would 
under like circumstances do in his own case. If sucl^ a 
man, after counting the costs, would think the advantages 



204 Paupers* Sect. I. 

likely to result from gaioing the cause sufficient to justify 
' the risque of the expense which must attend a failure, the 
contest ought not to be declined. But if such a man 
would think otherwise, the matter ought always to be in 
*iome way adjusted. Nothing should be hazarded in the 
case of a town, which might not with propriety be haz- 
arded in the case of an individual. 

. A sound judgment is also required to determine with 
propriety when and to what extent relief ought in partic- 
ular cases to be afforded. The idle and the dissolute are 
sometimes disposed to throw themselves upon towns for 
support^ when they are able and ought to be compelled to 
earn their living by their labor. Every fraudulent at- 
tempt of this kind ought to be detected and exposed. And 
in many instances, individuals in actual want may be com- 
pletely relieved with a very little aid judiciously given. 
^ Some discrimination ought to be made between the dif? 
ferent classes of paupers where it is practicable. Those 
who by idleness, by crimes, by intemperance, have wast- 
ed their subitance and thus become unable to support 
tbops^lves, deserve nothing more than to be simply kept 
from perishing. Any thing more than this, is in some 
measure to give a bounty to vice and idleness. This class 
of people ought to be permitted to feel the natural con- 
sequences of their conduct. They should so fare, that 
their situation may afford no temptation to others to fol- 
low their example. On the other hand, those who by 
misfortune are reduced to the painful necessity of asking 
relief from towns, deserve and should receive the kind- 
est attention. They ought not only to be made as com- 
fortable as a due regard to economy will permit, but be 
relieved in the mode best calculated to alleviate their 
misfortunes. 



I 



Sect. 2. Paupurs. 205 

SECTION 2. 

• 

OF THE PURCHASE OF HOUSES AND LANDS BY TOWNS 
AND COUNTIES FOR THE ACCOMMODATION OF THE 
POOR AND FOR HOUSES OF CORRECTION, AND OF THE 
MANAGEMENT OF THE SAME. . ^ 

TKe Statute of December 16, 1828, enacts, *' that the 
inhabitants of the several towns in this state be authoriz- 
ed and empowered to purchase and hold any lands, and to 
purchase or erect and hold any houses and other build- 
ings, which may be necessary for the accommodation, 
su^iort and employment of their poor, and for a house of 
correction; and ai any legal meeting may raise all su^^ 
sunas of money as they may judge necessary for the pur- 
poses aforesaid, and for the managing and keeping in re- 
pair such lands and buildings. And the said inhabitants at 
any legal meeting may a,ppoitit all proper officers for the 
managing of said estate and for the goTernment of all per- 
sons who may be sent there either for suppprft or for cor- 
rection ; and may make and establish an necessary rules 
and regulations not repugnant to the laws of this state, for 
ruling, governing and punishing such persons. And such 
rules and regulation^ by them so made shall be p^t in exe- 
cution. Provided^ that in no case the punishment to be 
inflicted by such rules and regulations shall exceed har<i 
l^bor and such reasonable correction as a parent m^ law- 
fully inflict upon a refractory child, or a solitary confine^ 
ment not exceeding the space of forty-eight hours at one 
time." 

^^ That the court of common .pleas be authorized and 
empowered, if they see fit, to provide at the expense of 
any county in this state all such lands and buildings as may 
be necessary for the accommodation, support and employ* 
ment of the poor, who maybe chargeable to such county, 
and for a house of correction. , And the said court may ap- 
point all proper officers for the management of such lands 
and buildings and for the government of all persons who 
may be sent there either for support or for correction .—»- 
And the said court may make and establish all necessary 
rules and regulations, not repugnant to the laws of this 

16 



t 



206 Pauptr*. Sect. 3. 

state, for th6 i*aling^, gOTerning and pnoishiDg of such per- 
sons. Provided^ that in do case the punish ment to he in- 
flicted hy snch rules and regulations shall exceed the pun- 
ishment to be inflicted under the rules and regulations es- 
tablished by towns as aforesaid.'' 



SECTION 3. 

, OF THE PUNISHMENT X)F IDLE AND DISORDERLY PER- 
SONS. 

It seems to have been suppos^ed in this state from very 
early times, that the number of paupers might be dimin- 
ished by due correction of the idle and profligate. In 
the year 1718, an act was passed, entitled ^^ an act for 
suppressing and punishment of rogues, vagabonds, com- 
mon beggars, and other lewd, idle and disorderly persons, 
and also for setting the poor to work ;'\ and we have had 
statutes' in force upon the subject from that time down 
to the present day. 

The statute of December 16,, 1828, enacts, " that all 
rogues^ vagabonds, lewd, idle and disorderly persons^ per- 
sons going about begging, persons using any subtle craft, 
juggling, or unlawful garnet or plays^ persons pretending 
to have knowledge in physiognomy or psalmistry, persons 
- pretending that they can tell destinies or fortunes or disco- 
Ter by any spells or magic art where Ipst or stolen goods 
may be found, common pipers, fiddlers, runaways, stubborn 
servants or children, common drunkards, common night 
walkers, pilferers,persons wanton and lascivious in speech, 
conduct or behavior, common railers or brawlers, such as 
neglect their calling or employment, misspend what tbejr 



Sect. 3. Paupers. 207 

earn and do not provide for the support of themselves and 
their families, uponconviction of any of the ofiences or dls* 
orders aforesaid, shall he sent to the house of correction m 
any town or county where such oflfence or disorder, may he 
committed. And when there shall be no house of correc- 
tion in the town or county, the common prison may he 
used for the purpose." ,^ 

\^ That ^hen any person shall be accused of any of the 
offences or disorders aforesaid", complaint shall be made in 
writing and under oath to some justice of the peace in the 
county where such offence or disorder shall be conimitted 9 
and such justice shall cause the party against whom com- 
plaint has been so made, to be brought before him by war- 
rant or otherwise ; and if upon examination of the mat- 
ter alleged in such complaint the allegations therein 
shall be proved to be true, the justice may sentence 
sach person or persons so convicted to be committed to 
the house of correction in the said town or county, and to 
be there put to hard labor for a term not exceeding six 
months.^'' 

*' That any person who may be convicted and sentenced 
as aforesaid, may appeal to the next court of common 
pleas within the same county, and have a trial by jury* in 
due course of law, upoh recognizing with sufficient surety 
or sureties before the justice, in such reasonable sum as 
he may order, with condition that the person so appealing 
shall enter and prosecute the appeal with effect and abide 
the order of the said court thereon, and in the mean time 
keep the peace and he of good behaviour toward all the 
citizens of this state. And a commission of the like of> 
fence by the principal in such recognizance, before a deci* 
sion is had on the appeal, shall be deemed and taken to 
be a breach of the condition of such recognizance.'^ 

^' That if any person shall be found committing either 
of the offences or disorders aforesaid, in the public streets 
OF rostds in the night time, any such person may be ap- 
prehended by any magistrate, constable^ or watchman, or 
by any citizen by order of such officer, and kept in custo- 
dy in any convenient place for the space of twenty-four 
hours, at or before the expiration of which time they 
shall be carried before a justice of the peace and be 







J08 • Paupers. Sect. 3. 

there piosecateM as aforesaid or discharged as the Bald 
justice shall determine.^' 



FORM NO. L 

Farm of a complaint against a common drunkard. 

To A. B. Esquire^ one of the justices of the peace in atid 
for the county of Rockingham. 

C. D, of Portsmouth, in said county, laborer, com- 
plains and gives the said justice to understand and be 
informed, that E. F. of the same Portsmouth, yeo- 
man, at said Portsmouth, in the county aforesaid, on 
th€i first day of June, in the year of our Lord eighteen 
hundred and twenty-eight, was a common drunkard ; 
and on divers days and times between the sail} first 
day of June ^nd the day of exhibiting this complaint, 
at said Portsmouth, was drunk .and intoxicated by the 
excessive use of spirituous liquor, contrary to the form 
of the statute in such case made and provided, and a- 
gainst the peace and dignity of the state. Wherefore 
the said C. D. prays that the said E. F. may be held 
to answer to this complaint, and t)iat justice, may be 
done in the premises. 

.CD. 

Rockingliamjss. March 2Ty I6S9. Then CD. per- 
sonally appeared and made oath that the above com- 
plaint, by him subscribed, is in his belief true.' 
Before me, 

A. B. Justice of tht Peace. 



^mx^.% Paupertt. * «69 

FORM NO- II. ' 

JFbnn of a warrant upon the foregoing complaint. 

STATE OF NEW-HAMFSHIREl. . 

Rockingham^ 9S, To the sheriff of said county^ or his dep- 
£ '^A>* V uty^ or to either of the constables of t/ie, town of 
J ^' ^' I Portsmouth^ in said eountyj 

^^""^ GREETING. • 

Wheheas C. D. of Portsmouth, in said county, la* 
borer, has exhibited tome, A. B/one of the justices 
of the peace in and for said county of Rockingham, 
his aforesaid complaint upon oath against E. F. of said 
Portsmouth, yeoman : We command you in the name 
of the state of New-Hampshires to apprehend the said 
E. F. if he may be found in your precinct, and bring 
him before me, or some other justice of the peaee 
for said county, to ansWer to the said complaint : and 
we further command you, that you summon the said 
C. D. to appear when and where yoti may have the 
said £. F. before me or some other justice of the 
peace for trial, and testify what he knows relating to 
said complaint. Herein fail not. 

Given under vy hand and seal this twenty rseyenth 
day of March, in the ye&r of our Lord eighteen^ hun-* 
dred and twenty-nine. 

A. B. Justice of the Peace. 

) 
For the form of a constable^s f eturn^ see chapter in 

section 4, form No* 1. 

\ . 

f 

FORM NO. III. 

Form of ajtdgment upon the foregoing coinplaint. 

ft 

Rockingham^ 88. - Be it rentiembered, that on the 
twenty-seventh day io( March, in the^year of our Lord 
<6ighteen hundred and twenty-nine, C. D. of Ports* 
mouth, in said county, laborer, came before me> AtB^ 

18* 



210 Pauper». Sficr. 3. 

EsquiiLe, one of the justices of the peace in and for 
said Oounty of Rockiogham, and on oath complained 
and gave me the said justice to understand and be in- 
formed, that 

[Here insert the complaint.'] 

Whereupon afterwards, on the same twenty-seventh 
day of March, the said E.F. being brought before mef^ 
the said justice, by virtue of a warrant issued upon 
the complaint aforesaid, and having heard the said 
complaint read, said that be was not guilty of the said 
offence : and thereupon, after hearing the evidence 
offered as well on the part of the said E. F. as in be- 
half of the state, and maturely considered the same^, 
it appears to me the said justice, that the said E. F. 
is guilty in manner and form as in the said complaint 
alleged; It is therefore considered by me, the said 
justice, that the said E.F. be committed to the house 
of correction in said town of Portsmouth, there to be 
put to bard labor for the term of three months. 

A. 6. Justice of the Peace. 

For the form of a recognizance to be taken when an 
appeal is claimed, see A*. H, Justice^ 87. 

FORM NO. IV- 

Form of the mittimus. 

Rockingham^ st, * To the constables of the town of Port^ 

i'^^*^) mouthy in said county. 

J L. s. > 

is^^f GREETING* 

Whereas on the twenty-seventh day of March, in 
the year of our Lord eighteen hundred and twenty- 
nine, C. D. of Portsmouth, in said county, laborer, 
came before me, A. B. Esquire, one of the justices of 
hie peace in and for said county of Rockingham, and 
on oath complained and gave me the said justice to 
underi^tand and be informed, that 

{Here insert the complaint.] 



Sect. 3. 



. . Paupers. 



' 2U 



Whereupba the said E. F. beiilg afterwards, to wit} 
on the same day brought by virtue of a warrant issued 
OB the c6m{^aint aforesaid, before me, the said jus- 
tice, and having heard said complaint read, said that 
he was not guilty of the said offence ; . and thereupon^ 
after hearing the evidence offered as well on the part, 
of the said E. F. as on behalf of the state, and ma- 
turely considering the same, it appeared to me, the 
said justice, that the said E. F. was guilty in manner 
and form as iil the said complaint ^'as alleged ; it was 
therefore considered by me, the said justice, that the 
said E. F. be committed to the house of correction in 
said Portsmouth, there to be put to hard labor for the 
term of three months. 

We therefore command you, in the name of the 
state of New-Hampshire, to convey the said E. F. to 
said house of correction, and deliver him to the keep- 
er thereof ; and the said keeper is likewise command- 
ed to receive the said E. F. into his custody in said 
house, and him there safely keep until he be discharg- 
ed by due order of law. 

Given under my hand and seal this twenty-seventh 
day of March, in the year of our Lord eighteen hun- 
dred and twenty-nine. 

. A* B. Jus. Peace. ^ 



FORM NO. V. 

Form of a complain$ against a vagabond and idle person^ 

To ^. B. Esquire^ S^c. 

C. D. of Portsmouth, in the county of Rockingham, 
laborer, complains and gives the said justice to under* 
stand and be informed, that E. F. of the same Ports- 
mouth, laborer, on the first day of January last past, 
was and ever since has been a vagabond and idle per- 
son, going about the said town of Portsmouth from 



212 Paupers. Sect. 4. 

place to place begging, contrary to the form of the 
statute, in such case made and provided, and against 
the peace and dignity of the state. 

C. D. 



SECTION 4. 
OF BINDING OUT POOR FERSONS AND CHILDREK. 

*" The statute of December 16, 1828, section 7, enacts, 
**;that the overseers of the poor in eyery town in this 
sta^e be empowered to bind out to labor, or to employ in 
their work house, every person residing ia their town 
who lives idly and pursues no lawful calling or business, 
and who is poor and stands in need of relief from such 
town, or Whose family standing in need of relief is sop« 
ported by such town» And every contract made by such 
overseers, in any of the cases aforesaid, shall be as ^od 
and effectual as if such person bound him or herself for 
the same term of time ; and such overseers of the poor 
shall and may take the wages and appropriate the same 
to the msrintenance of such person or his or her family 
or children. Fromded alx9ayi^ that such contract shall be 
made in writing and shall express the term such person 
is to serve, which shall not exceed one year at a time, 
but may be renewed or made for a shorter time, as there 
may be occasion.'* 

" That the overseers of the poor in the respective . 
towns in this state be empowered to set to work in their 
work house, or elsewhere, or bind out ^s apprentices, all 
such children as have their setUement in, and are char- 
geable to, such towui and all children who do not em* 
ploy themselves in some lawful business and whose pa^ 
rents are unable or neglect to maintain them, and do not 



Sect. 4. 



Paupers, 



213 



■s, 

bind thetn oat in good families ; and the males may be 
bound out bntil they arrive at the age of twenty-one 
years, «nd the females until they ^arrive at the age of 
eighteen years. And such binding out shall be as good 
and effectual in law to all intents and purposes as any 
way and method ot binding out apprentices whatever. — 
And tbe said overseers shalt make the contract equitably 
and as much as may be for the interest of the persons 
bound out, at leabt that they be Instructed to read and to 
write and to do such work and business as may be suita- 
ble to their circumstances and condition. And the said 
^overseers shall inquire into the usage of all persons so 
bound put, and shall endeavbr to redress any wrongs or 
injuries they may sustain. And the persons to whom such 
apprentices may be bound shall have the same authority 
over them that other masters have by law over their ap- 
prentices during their apprenticeship.'^ 

FORM NO. I. 

Form of an Indenture to bind to labor any idle person* 

This Indenture witnesseth, that B. T., P. W. and 
S. M, overseers of the poor of the town of C. in the 
county of M. hy virtue of a lavir of this State in such 
case provided, have bound and do hereby bind out to 
labor to C. D. of said C. yeoman, for the space of 
one year from thedate hereof, A. B.a person resid- 
ing in said town of C. who lives idly, and pursues no 
lawful calling or business, and who is poor and stands 
in need of the relief of said town | or whose family 
standing in need of the relief of such town are sup- 
ported by such town] during which time the said A* 
B. shall faithfully serve the said C. D. and obey all 
his lawful commands, not wasting any of his goods , 
nor doing any damage to him Whatever. 

And the said C. D. on his part, doth hereby cove* 
nant and engage to pay to the said overseers for the 
service of the said A. B. for the term atoresaid, the 
sum of dollars, to be applied by the said over- 

seers for the support of the said A. B's family [if he 



214 Pauperis Sect. 4. 

has any, if not, say] to be Taid out at the discre^tion of 
the said overseers for the use and benefit of the said 
A. B. ' 

In testimony whereof, the parties aforesaid have 
hereunto mterchangeably set their hands and seals 
the day of; , 1820. - 

BvT. &seal. 
, P. W.&se^l. 

S. M. & seal. 

G. D. & seal. 

Signed, Sealed, &c. 



i FORM NO. II. 

Form of an Indenture to bind out a poor child. 

This Indenture witnesseth, B. T,, P.W. and S. M. 
overseers of the poor of the town of in the 

county of , by virtue of a law of this State in 

such case made and provided, have placed, and by 
these presents do place and bind out as an appren- 
tice C. B. son of G*. D. of said town, a child charge- 
able to said town, who does net employ himself in any 
lawful business, and whose parents are unable to 
maintain him, and do not bind him out in any good 
family ; unto R. P. of said &c. to learn the 

art, trade pr mystery of , the said C. B. after the 
manner of an apprentice to dwell with and serve the 
said R. P. from the day of the date hereof, until the 
day of , which will be in the year of our 
Lord one thousand eight hundred and . , at which 
time the said C. 3- if he should be living, will be 
twentv-one years of age. During all which time or 
term, the said apprentice his said master shall well 
and faithfully serve, his secrets keep, and all his 
lawful commands^ every where at all times lawfully 
obey; he shall, do no damage to his said master nor 
wilfully suffer any to be done by others; and if any 



Sect. 4. Paupers. il5 

to his knowledge be intended, be sball give his mas- 
ter seasonable notice thereof. He, shall not waste 
the goods of his said master, por lend them unlaw- 
fully to any; at cards, dice or any unlawful game 
he shall not play; fornication he shall not commit^ 
nor matrimony contract during the said term; tav- 
erns, grogshops or places of gaming he shall not, haunt 
or frequent; from the service of his said master he 
shall not absent himself, but in all things and at all 
times he shall carry and behave himself, as a good 
and faithful apprentice ought during tl)e whole time 
or term afoiesaid. 

And the said R. P. on his part, doth hereby prom-« 
ise, covenant and agree to teach and instruct the said 
apprentice, or cause him to be taught and instructed 
in the art| tradp and calling ot a by the best way 
or means he can, and also to teach and instruct the 
said apprentice, or cause him to be taught and in- 
structe(i to read, write, and cypher as far as the rule 
of three, if the said apprentice be capable to learn, 
and shall well and faithfully find and ^provide for the 
said apprentice good and sufficient meat, drink, cloth- ' 
ing, lodging and other necessaries fit and convenient 
for such an apprentice during the term aforesaid; and 
at the expiration thereof, shall give unto the said ap- 
prentice two suits of apparel, one suitable for the 
Lord's days and the other for working days. And such 
other instruction, benefit and allowance, either with- 
in or at thjQ end of said term, as to the said over- 
seers may seem fit and reasonable. 

In testimony, &c. 

, B. T. &seal. 

P.W.&seaJ, 
« S. M. ir seal. 

R. P. & seal. 



. * 



' 



tl6 Pavipen. Sect. 5, 6. 

SECTION 5. 

or PAUPERS HAYIKG NO SETTLEMENT IN ANT TOWIX Uf 

THIS STATE. 

The statute of December Id, 1828, sectiOD 9, enacts, 
'4hat when any person not an inhabitant ot any town in 
this state, nor by the laws thereof the proper chargpe of 
any town or person in the same, shall stand in need of 
relief, the overseers of the poor of the town wliere sach 
poor person shall be, shall relieve and maintain* snch 
person and shall within one year from the time of the 
relief so afforded, or within six months after the termi- 
nation of any suit which may be commenced within said 
term of one year agaln^ any town or person for the re- 
covery of the claim for . the relief so afforded, lay the 
account thereof before the justices of the court of com- 
mon pleaa in the county where such town is, and the said 
justices shall allow such sum as they may think reason- 
able, to be paid out of the treasury of said county.^^ 

^That when any town in this state may cease to be 
organized as a town, a^ll paupers who may have a legal 
settlement in such town and who have no relations by 
law bound to support them, , shall be maintained by the 
county in which such town is situated, until the same 
shall be re-organized.^' 



SECTION 6. 

or PAUPERS HAYING RELATIONS OF SUFFICIENT ABILI- 
TY TO MAINTAIN THEM. 

The statute of December 16, 1828, section 10, enacts, 
'Uhat the relations of any poor person standing in need 
of relief in the line of father or grandfather, mother or 
grandmother, children or grandchildren, of sufficient a- 
bility, shall be liable to maintain him or her, when stand* 
ing in need of relief. And in case any one so standfing in 
need of relief have no such relations of sufficient abili- 



Sect. d. Paupers. 217 

ty, then ihe towQ in this state where such poor person 
has his or her legal settlement^xshall be liable for his or 
her support or maintenance.'^ 

The only question, that is known to have arisen upon 
the subject of this clause in the statute, has beep, who is 
to be considered of sufficient ability ? In the case of 
Jfewport vs. Eastman^ in thd county of Cheshire, Octo- 
ber term, 1824^ it was ruled, that a farmer, having real 
eststte of the value of ^2000^ and indebted to the amount 
of ^1400, if only able from the produce of his farm with 
his own labor and the assistance of his family, to main- 
tain himself, bis wife and children, and pay the interest 
of his debts annually, and no more, was not to be deein- 
ed of sufficient ability, within the intent of the statute, 
and was not bound to support his parents. 

In the case of Walpolt vs. Marlow^ in the^ county of 
Cheshire, May term, 1821, Mr% Justice Woodbitrt laid 
down the following rule on this subject : ^^ A relation 
who, without breaking up his own family, without a 
change of his professional pursuits, or of his accustomed 
style of living and without any hazard to the probable 
maintenance for life of himself and dependents, can con- 
tribute to a pauperis relief, is certainly a relation of suf- 
ficient ability. It matters not whether the ability be de- 
rived from a surplus of annual income or of fixed capital, 
either personal or real. On the other hand, a relation 
who cannot thus contribute without incurring some of 
those sacrifices and dangers, is certainly destituta of sat- 
ficient ability •'' 

.20 



S16 PoMpaSm Sgct. 7. 

SECTION 7. 

OF BU9GOr« POOR FBRSOHB OSTO THE STATE WITH HT- 
TCBT TO LEATE THEM, AKD OF BSIH6IH6 JJXD I.KAT- 
06 UTAirr COUHTT FOOR FERSOHS FROMAHOTHER 
COUHTT. 

The statute of December 16, 1828, section 12, enacts, 
*^ that if aoj person or persons shall bring and leave, or 
bring with intent to leave, any pauper, or poor and indi- 
gent porson or persons having no Tidble means of sup- 
port, into anj coootj in thb state, from any other coimtj 
In which such paoper or poor person or persons may haTe 
been supported and maintained, or hare resided, such 
pauper^r poor person or persons not having a legal set- 
tlement in any town, nor any relation to whom sach pau- 
per or poor person may be chargeable for his or lier 
maintcos^nce, within the coaoty into which sach pauper 
or poor person may be brought, knowing him, her or 
them to be such, the person or persons so offending flaay 
be indicted for such offence, and on conviction thereof 
shall be fined in a sum not exceeding two hundred dollars 
nor less than thirty dollars for the use of the county 
in which such offence may be committed, or imprison- 
ed not exceeding six months, at the discretion of the 
cqurt. And such pauper or poc r person shall be removed 
by order of court into the county from which he or she 
may have been brought^' 

^^ That from and after the passing of this act, if any per- 
son or persons shall bring and leave, or bring with intent 
to leave, any pauper, poor and indigent person or persons 
having no visible means of support, from any other state, 
into any town or place in this state, who shall not have any 
legal settlement within this state, knowing him, her or 
them to be such, shall forfeit and pay for every such of- 
fence a sum not exceeding three hundred dollars, nor less 
than fifty dollars, at the discretion of the court before 
whom the same i^ tried ; to be sued for and recovered by 
action of debt before any court proper to try the same, one 
moiety of which shall be To the\ise of any person or per» 
sons who may sue for the same, and the other moiety to the 
use of the fltate.^' 



Sect. 8. Paupers, fl9' 

SECTIONS. 

OP THE SUPPORT OP PAUPERS BY TOWNS, AND* OP THE 
MODE OF 9BTAININ6 INDEMNITY WHEN THE PAUPERS 
HATE RELATIONS ' WHO ARE BOUNSi TO MArNTAil^ 
THEM, OR HAVE SETTLEMENTS IN OTHER TOWNS. 

The Statute of December 16, 1828, section 1 1, enacts, 
^Hhat when anj person in any town in this state shall be 
poor and unable to mjaintain him or herself, such person ' 
shall be relieved and maintained by the overseers of the 
poor of the town where sach, person shall happen to be. 
And in case such towii is not by law chargeable with the 
maintenance of snch poor person, they may by action re» 
cover of the town or person chargeable by law with the 
maintenance of such poor person all such sums as they 
shall have expended in (he maintenance of such person. 
Provided^ that in all cases notice in writing, signed by the 
major part of the selectmen or . overseers of the poor 
and stating the sums expended by them for the relief of 
sach poor person or persons shall b^ given in the man- 
ner hereinafter mentioned^ to the town, or to the select- 
men or overseers of the poor of the town, or to the per- 
son chargeable hy law with the maintenance of such 
poor person or persons. And such notice shall be served 
upon the town, or upon the selectmen or overseers of 
the poor of the town^ that may be so chargeable, by the 
sheriff of the county or his deputy, by leaving an attest- 
ted copy of sach notice with his return thereon with pne 
at least of the selectmen or overseers of the poor and 
with the clerk of such town ; and upon any person who 
may be chargeable as aforesaid, by giving him or her an 
attested copy of the notice Aith his return thereon, or 
by leaving an attested copy thereof at his or her last and 
usual place of abode. And the sheriff or his deputy 
serving the same shall within twenty days from the ser- 
vice thereof make a return of the original notice with 
his doings therein to the clerk of the court of common 
pleas in the county in which the town or person chargea- 
ble may be, and shall receive the same fees for his trav- 
el and service as by law are allowed for serving writs. 
And no action shall be sustained against any town or per- , 



I 

I 



J20 ^ Paupers. Sect- S. 

son for any sums expended as aforesaid, unless previoos 
to the commencement thereof such tiotice shall have 
\ heen given in the manner aforesaid. Provided alao^ that 
DO action shall be sustained unless commenced withia 
three years from tne time of the service of such notice 
upon the town or person chargeable for the relief of 
such poor person or persons, nor for any sum that may 
haf e been expended more toan ninety days previous to 
the time of giving notice as aforesaid.'^ 

Form of a notice to a town thai a pauper has beeifi matn- 

tainedy ^c. 

STATE OF NEW-HAMFSHIR^. 

To the town of Concord in the courUy of Merrimack. 

You are hereby notified, that on the first day of 
January last past, A. B. then and ever since a person 
poor and unable to maintain himself, and having his 
settlement in said town of Concord, was Relieved, and 
has ever since been supported by the town of Ches- 
ter, in the county of Rockingham : and the sums ex- 
peifded by the said town of Chester for the relief of 
the^aid A. B. since the first day of January, are as 
follows : 

[Here skUe the sums expended.'^ 

C. D.) SeUctmen 
E. P. V of 
WvJ^rL^ ^. . Q.H.S Chester. 

A pauper for whose support provision was made in the 
town of VV. in which she had a settlement, went into the 
adjoining town of N. S. and there expenses were incurred 
for her support, although the pauper herself, the person 
with whom she there resided and the town all knew that 
a place was provided for her in W. to whicli she was s- 
ble to walk without difficulty. It was held that N. S. 
could not recover of W. for these expenses. 2 Pickering 
ZilyJ^eW'Salmn vs. Wendell 



9ic7< 9. Pauptn. 2f I 

SECTION 9. 
OF THE SETTLEMENT OF THE P60R. 

I 

]. Of seiilements gained under the Provincial actdf 5 Ge§. 

I. cap. 87 y sec, 9. 

By this statute it was enacted, ^^ that if any person or 
persons come to sojourn or dwell in any town, &c. , anJ 
be there received and entertained by the space of three 
months, not having been warned by the constable, or otfa* 
er person, whom the selectmen shall appoint for that endy 
to leave the place, and the names of such persons with 
the time of their abode there, and when such waming* ' 
was. given them, returned unto the court of quarter ses- 
sions, every such person shall be reputed an inhabitant of 
such town, &c.'and the proper charge of the same. Pro' 
vided nevertheless^ this act shall not be understood ot any 
person committed to prison, or lawfully restrained in any 
town, or of such as shall come or be sent for nursing or 
education, or to any physician, &c. to be healed or cur- 
ed." 

£y the provincial act of 11 Geo. III. chap. 147, it was 

enacted, ^< that from and after the first day of July^ext, 

no person or persons shall gain a settlement in any toivn, 

' kc. by dwelling ther«»in without being warned out accord* 

ing to law, for any term of tjme less than one year." 

This last act went into opeiation on the first day of Ju- 
ly, 1771. The provincial act of 6 Geo. 1. was passed in 
the year 1719. Thus it seems, that previous to the 1st 
July, 1771, a residence of three months without being 
warned to depart, gave a settlement. But subsequent to 
that time a yearns residence was necessary. 

Upon these statutes the /oHo wing jioints have been de- 
cided. 

1. la order to make the wamlng;iralid, it was necessa-^ 
ry that the warrant should be returned to the court of. 
sessions within the time specified in the statute. Thuti 
previous to the let July, 1771^ it must have been retvn^ 

20* 



.^^ 



•*■ 



2S2 Paupert. Sect. 9. 

ed within three months from the commencement of the 
pauper's residence ; bat subsequent to that time, it was 
sufficient'if returned within a year from the commence- 
ment of the pauper's residence. 1 JV. H. R. 260, Bom tb, 
^otiingham. — $ A*. H, R. 242, Norihwood vs. DtcrAom. 

2. The warning was void, unless the names of the per- 
sons yarned, the time of their abode in the place and 
when the warning was given, appeared in the warrant, 
or in the return of |he person who served it. 1 Jf.H. R. 
13^ Loudon ys. Deering. — 10 Mass.R, 506, Hamilton vs. 
Ipswich, 

3. A warning of a pauper and ** his family^' was suffi- 
cient to prevent his wife and unemancipated children 
from gaining a settle ment, although not named in the war- 
rant or return. 2 Al H. R. 242, J^orthwood vs. Durham. 
3 Mats. R, 522, Shirley vs. Watertown. 

4. If a person had been duly ivarned to depart from a 
town so as to prevent his gaining a settlement in ||such 
town, and after the warning removed from the town with- 
out an intention of returning, continuing long enough to 
have gained a new settlement, and afterwards came back 
and dwelt in the town he had been warned to leave, he 
must have been again warned to depart, or he would have 
gained a/settlement 4 Mass. R, 131, Chelsea vs Maiden. 

- 5. A person who hired a house in a town, but before 
the removal of his family into it he went abroad, and io 
his absence his family removed into it and were not warn- 
ed to depart in due season, gained a settlement in the 
town where his family thus resided. ' 14 Mass. Rep. S63, 
Hardwiek vs. Roynham. 

6. A person non compos mentis was capable of gaining 
a settlement by residence without being warned to departs 
Hampstead vs. Enfield. Rockingham^ Septmher T. 1822, 



I 

Sser. 9. Paigurs* 229 

7. lathe case of Concord ys. Stratham^ Rockingham, 
Nov. term,! 814, it was decided, that whert'the time of the 
pauperis abode in the town appearied only in the return 
of the person who seryed the warrant, it was sufficient 

8. An infant, not emancipated, could not gain a settle' 
ment under this statute, although not warned to depart-^ 
SAlfl. ii. 472. 



IL Of Mettlements gained under the ttatute of February 15, 

1791. 

By this statute it was enacted, ^' that every person who 
hath lived one year in any town or place, shall be deem- 
ed an inhabitant of such town or place, unless some time 
witnin such year and before the expiration thereof such 
pei-son shall have been by warrant from the selectmen of 
such, town or place, directed to any constable^ thereof or 
other person to whom tkey may think proper to direct 
the same, warned to depart from such town or place, and 
the said warrant and the return of such warning made by 
the person to whom directed within the time aforesaid, 
returned to the clerk of the court of general sessions of 
the peace in the same county and put on file, which shall 
always be done by said clerk, and a minute thereon made 
of the time of receiving th^ same. Provided always^ that 
nothing in this section contained shall be construed, to ex- 
tend to persons committed or lawfully restrained in any 
town, or to such as shall be sent for educatiou, or to any 
physician to be healed or cured.^' 

This statute went into operation on the 15th Septem- 
ber, 1792, at which time the Provincial acts on the same 
subject ceased to be law. 

Upon the statute of February 16, 1791, it has been de- 
dded, 

1. It was not necessary that the warrant to warn a per- 
son to depart from a town should be under seal. 2 Jf, H. 
Rep. 406. 



t24 Paupwi, Sect. 9. 

, t. A warrant ngned by the town clerk by order of the 
selectmen was safficient. 2 A". H. R. 406, Peterborough 
TS. Temple. 

3. It was not necessary that the time of the paaper's 
abode in the town should ap|>ear either in the warrant or 
in the¥etam. 2 JV. H. R. 102, ExeUr vs. Stratkam. 

4. The validity of all warnings to persons ta leave 
towns, given at any time within a year next before the 

. 16th September, 1792, aie to be determined by the atat- 
nte ef February 15, 1791. ^ N. H. R. 102, Exeter vs. 
Strathaint 

6. A person sent into a town under indentures to learn 
the art of husbandry, is to be considered as a person sent 
for education, within the meaning of the proviso of this 
statute. 3 ^. J7. R. 83, Barringion vs. Gilmanien^ 

6. Where a warrant directed the constab\e to warn Dor 
vid BaU to depart from a town, and the constable warned 
Ebenezer BaH^ who was in truth the person intended in 
the warrant, it was held that the warning was of no valid- 
ity. 

7. An infant not emancipated conld not gain a settle- 
ment under the statute, although not warned to deparU — 

.3 A", ft B. 472. 

III. Of teUkmenU gained under ike $tatute of January 1, 

1796. 

By this statute it is enacted, " that legal settlements in 
any town or district within this state, diall be hereafter 
gained so as to oblige such town or district to support the 
persons gaining the same, if they b'ecome poor and unable 
to support themselves, by the ways and means following, 
and not otherwise. 

1. A married woman shall have the settlement of her 
husbuid, if any he have within the state, but if otherwise,, 
her own, if any Ihe had at the time of marriage, shall npt 



Skct. 9. P<mptT$. Sti 

be lost or suspended . by sach marriage, nnles^ she shall 
have gained a legal settlemeot elsewhere ; but in cas^, no 
such settlement shall be by her obtained after such mar- 
riage, and in case she shall become poor and be supported 
at the cost and charge of the town or district of her settle- 
ment at the time of such marriage, the husband being poor 
and needing relief, he shall be provided for and supported 
ip the same town or district, but at the charge of the state. 

2. Legitimate children shall have the settlement of their 
father, if he shall have any such within this state, until 
they gain a settlement of their own ; but if he shall have 
none, they shall have the settlement of their mother, if 
she shall have any. ' < 

% S. Illegitimate children shall have the isettlement of 
their mother at the time of their birth, if she shall have 
any within this state ; but neither legitimate or illegitim- 
ate children shall gain a settlement by birth iniany place 
where they may be bom, if neither of Iheir parents 
•hall then hare a settlement there. - 

4. Any person of twenty-one years of' age and up- 
wards, having real estate of the value of one hundred 
and fifty dollars, or personal estate of the value of two 
hundred .and filly dollars^ in the town or district where 
he dwells and has his home, and shall for the term of 
four years pay all taxes duly assessed on hii^ poll and the 
estate aforesaid, shall thereby gain a settlement in such 
town or district. 

6. Any person who shall be admitted an inhabitant by 
any town or district at a legal meeting, in the warrant 
for which an article shall be inserted for that purpose, or 
shall be chosen and actually serve one year in the office 
of clerk^ treasurer, selectman^ overseer of the poor, as- 
sessor, constable, or other town officer liable to be fined 
for not accepting his office, beibg: duly elected thereto in 
any town or district within thisi state, shall thereby gain a 
settlement in said town or district. 

6. All persons dwelling and having tlieir homes in any 
unincorporated place in this state, at the time when the 
same shall be incorporated into a town or district^ shall 
thereby gain a settlement therein. 



226 > Pauperi. Sect. 9. 

7. Upon diyidoD of towns or districts, erery person 
haying a settlement in either of them, bat being remoy- 
ed therefrom at the time of such division, and not hay- 
ing gained a settlement elsewhere, shall have a settle- 
ment in t^at town or district wherein Lis former dwell- 
ing place or home shall be npon such division. And 
when any new town or district shall be incorporated, 
composed of one or more old incorporated towns or dis- 
tricts, all persons settled in the town or towns, district or 
districts, of which such new town or district is oompos- 
ed, and who shall actually dwell and have their homes 
within the limits of such new town or district at the time 
of its incorporation, shall thereby gain a settlement in 
such new town or district. Provided^ nevertheless^ that no 
person residing in that part of any town or district which 
upon such division shall be incorporated into a new town 
or district, having then no settlement therein, shall gain 
any by force of such incorporation ; nor shall such incor- 
poration prevent his gaining a settlement therein, within 
the time and by the me^ns by which he would have gain- 
ed a settlement there If no such division had beeo made. 

8. Any person of the age of twenty-one years, who 
shall hereafter reside in any town or district within this 
state, and being taxed for his poll for the term of seven 
years, shall pay all taxes legally assessed on his poll and 
estate during the said term, shall be an inhabitant in said 
town or district. And eyery legal settlement heretofore 
gained, or which shall be gained by force of this act, 
shall continue until lost or defeated by gaining a new 
one ; and upon gaining a new settlement, all former set- 
tlements shall be lost." 

In relation (o this statute the following points are con- 
sidered as settled. ^ 

, 1. As to the first mode of gaining a settlement, it has 
been held, that a iQarrlage of a man having a legal set- 
tlement in this state, giyes such settlement to Ids wife, 
whether the marriage was solemnized in this state or not. 
9 Mass. R, 201, Dalton vs. Barnardston, 

It has also been he Id, that a settlement, which a woman 
gain by marriage, is not lost by a divorce, unless for a 



SscT. 9. Pdupert. 2^7 

cause which sbewft^ the marriage to have been Toid. 9 
Mois.R. 201. 

A woman, who marries a man who^is non compos meniiB 
at the time of the marriage, does not thereby change 
the place of her settlement, such a marriage not being 
valid to any intent. 12 Mass. R. 363, MiddUboravgh vs. 
Rachesterm 

2. In relation to the second mode of gaining a settle- 
ment, it has been held that children follow the settlement 
of their parents until the children are emancipated. Chil- 
dren are emancipated when the parent ceases to have the 
control of them and the right to their services. Thus they 
are emancipated when they arrive at the age of twenty- 
one years, although they continue to reside with tl^eir 
parents. 4 Mass. R. 493, Springfield vs. Wilbraham. 
. A daughter under the age of twenty-one years is eman- 
cipated by marriage. IS Mass. Rep, 409^ Charlestown-^B. 
Boston. But a son under that age is not emancipated by 
marriage. 16 Mass. Rep. ^3, Taunton vs. Plymouth. 

A person non compos mentis does not become emancipa- 
ted at the age of twenty-one years. 15 Mass. Rep. S37, 
Upton vs. JVorthbri^ge. — 3 Pickering 173. 

At the common law, the settlement of a widow acquir- 
ed by her after the death of her husband^ is communica- 
ted to her infant children. 16 Mass. R, 135, Dedham vs. 
J^oiiefc. But at common law, a settlement gained by a 
widow by a second marriage is not communicated to her 
childien. 16 Mass. R. ^, Freetown vs. Taunton. It has 
however been held in Massachusetts, that under the pro- 
vision of a statute similar to that of this state, legitimate 
children under age having the settlement of their moth- 
er, acquire a new settlement which she gains by another , 
marriage. 1 Pickering 197, Plymouth vs. FreeUywn. 



tt8 PoMpen. Sect. 9. 

Id some cafes a minor may be emancipated bj god- 
tracting a relation inconsistent with liis being in a eabor- 
dinate situation in his father^s family, as by enlistingr into 
the service of the United States as a soldier. ^ D. ^ E, 
55S, WiUon vs. TvManbrooket.—B D. ^ E. 479, The Kmg 
YS. Wohum. — Z BunCi Jtutiee^ 361. 

It is a general mle that children shall be considered as 
emancipated when they arrive at the age of twentj-one 
years. Bat when they are .compelled to remain longer 
with a parent on acconnt of infirmity of body or miod, so 
long as they so remain, they are not to be considered as 
emancipated. 3 JV. H, K 331, Orjord vs. Rumney. 

A child is not emancipated by going to reside with a 
stranger under a contract between the father of the 
child and the stranger, that he shall continue with the 
latter until he arrive at the age of twenty-one yean. 3 
A*. H. R. 472, Tamworth vs. ffew-Market. 

3. As to the third mode of gaining a settlement, it has 
been decided in Massachusetts, upon a statute containing 
a provision of the same import as this in our statute, that 

^ an illegitimate child retains the settlement of its mother 
at the time of its birth, until it acquires one by some act 
of its own, and does not change its settlement with the 
mother, if she acquire a new one. 13 Mass. Rep, 381, 
Boylesion vs. Pnncelait.-^l Ptc^mi^ 144, Fitchburg rs. 
WatmiH$ier.—l^ Mats^R. 429.— Bum^j Justice 347, 365. 
3 JV. H. R. 316, Dorchester vs. Deerfield. 

4. As to the fourth mode of gaining a settlement, it has 
been decided, that a person, in order to gain a settlement 
in this way, must have an estate of freehold at least ei- 
thei by lawful title or by disseizin. 1 JV, H. Rep. 62, 
Charlestawn vs. Acworth. But a right in equity to redeem 
land has been settled to be real estate, within the mean- 
ing of thii clause in the statute. 2 ff. B. R. 401, Aem- 



Sect. 9» Paupen. 229 

luondon y9. SuUon.-^^.Mass. R. 50. — 1 1 Mast. R. 327.-— 2 
Pickering 29, Orleans vs. Chatham. 

"TfiG freehold of a husb^ad in the right of his wife. Is 
real estate within this clause of the statute. 4 Mass,^R, 
3&4, Windham vs. Portland.. 

A citizen must dwell in the town the same four years 
that he holds the real estate, to gain a settlement in (his 
mode. 14 MAss. R. 384, Boston ts. Wells. 

Where a pauper had resided io a town the necessary 
time to gain a settlement in this mode, but a portion ot 
the* time was previous to the passage of the statute, lie 
was held not to gain a settlement. 1 Pickering 154, Rut" 
land vs. Mendon. 

To gain a settlcmient under this clause in the statute, 
the person must be owner of real estate of the value of 
^150, or of personal estate oi the value of ^250, the tall 
term of fcux years. 3 JST. H, R. 378, Wakefield vs. Mon. 

5« In relation to the fifth mode of gaining a settlement, 
it was decided in the case of New- Ipswich vs. Alstead^ in 
thecQonty of Hillsborough, December term,. 1815, thajl 
where* a.person had been chosen collector and constable 
in a town, but before the end of the year removed from 
the town, he die) not gain a settlement. 

So a person who was chosen surveyor of highways in a 
town and accepted the oflke, but before the expiration 
of the year for which he was chosen removed to another 
town, was held not to gain a settlement. 2 JV. H. R. 295, 
Acworih vs. LyndtborQugh. 

The year intended by this clause in the statute is th^ 
municipal year, or from one election to another. 12 Muss, 
JR. 262, Paris vs. Hiram. 

A person who is chosen constable gains no iettlefneot 
i»y virtue bf tht choice, if within the year be is com* 
mitted to prison in another town. 12 Mass. R. «S62. 

21 



ISO Paupers, Sectt. 9. 

To gaiD a flettlement in this mode, a persos mast dwell 
Id a town the whole year in which he serves as a to wo 
officer. 1 Piekmng 129, Barre Yn. Greenwich. 

By the statute of 1816, chap. 10, it is enacted, ^^ that 
any person who shaU he admitted an inhahitant by any 
town or district at a legal meeting, in the warrant for 
which an article shall be inserted for that purpose, or 
shall be chosen and actually sehre one year in the office 
of clerk, treasurer, selectman, or overseer of the poor, 
being duly elected thereto in any town, lie. shall thereby 
gain a settlement in said town.^^ 

By this statute the fifth mode of gaining a settlement in 
the statute of January !, 1796, was repealed : so that, 
since the 25i]i December,! 8 16, when the last statute was 
passed, a settlement could be gained by serving in no o^ 
fice but that of clerk, treasurer, selectman or overseer of 
the poor. 

6. As to the sixth mode of gaining a settlement, it has 
^ been decided, that this clause in the statute was only an 

affirmance of the law as it stood before the 1st January, 
1796. 3 A". H. R. 303, Mann vs. Alexandria. 

7. As to the seventh mode of gaining a settlement, it 
has been held, that when part of an existing town is de- 
tached and annexed to another existing tofvn, th^ iohab- 
itants of such pait having a settlement in the town from 
which they are detached, acquire bj* such annexation a 
settlement in the town to which they are annexed. 7 
Masi. R. 156, Groton vs. Shirley. 

It has been held, that' before this statute was passed, 
when the territory of which a new town was composed 
was before the incorporation an unincorporated place, 
the incorporation gave the inhabitants a legal settlement. 
4 Mass. R. 452, Bath vs. Bowdoin.S Mate. R. 445. 



/ 



Sect. 9. Pavpers, 231 

Where a pauper actaally scipported by an old town re. 
sided in tbat part of the old town which was incorporat- 
ed into a new town at the time thie new town was incor- 
porated, it was held that the paaper gained no settlement 
in the new town by the act of incorporation. 3 VV. H. R. 
71, JSex«hChfi9ter vs. Bristol. i 

8. As to the eighth mode of gaining a settlement; 

On this clause in the statute it has been decided) that 
a person to gain a settlement must bd taxed for his poll 
> for the term of seven years, residence alone Bot'being 
sufficient, d JV. H. R. £03, Weare vs. New-Boston. 

Qn the last clause in this statute it has been held, that 
a settlement gained in a town in this state is not lost by 
th\e pauperis removing to another state and there gaining 
a settlement. 2 JV. H, R. 131, Hanover vs. Weaft. 



IV. Of settlements gained under the statute of December 16, 

1828. 

« 

This statute enacts, "tbat legal settlements in any town 
in this state shall be gained so as, to oblige such town to 
support the persons gaining the same, if they become 
poor and unable to support themseltes, by the ways and 
means following, and not otherwise. 

1. A married woman shall have the settlement of her 
husband if any he have within this state, but if otherwise, 
her own if any she had at the time of marriage shall 
not be lost or suspended by such ncarriage, unless she 
shall have gained a legal settlement elsewhere ; and in 
case no such settlement shallbe by her gained after mar- 
riage, and she shall become poor and be supported at the 
cost and charge of the town of her settlement at the 
time of such marriage^ the husband being poor and need- 
ing relief, he shall be supported in the same town, but at 
the charge of the county. 

2. Legitimate children shall have the settlement of 
their father, if lie shall have any within this state, until 
they gain » settlement of their own, but if he shall have 



Paupen. Sect. 9. 

DODe, they sball have the SPttlemeDt of (heir mother, if 
the shall have aoy. 

3. Illegitimate children shall have the settlement of 
their mother at the time of their birth, if she shall have 
any within this state ; hut neither legitimate nor illeg'iti- 
mate children shall gain a settlement by birth in ainj 
place where tbey may be bom, if neither of their parents 
shall then have a settlement there. 

4. Any person of the age of twenty-one years, having 
real estate of- the value of one hundred and fifly dollars, 
or personal estate of the value of two hundred and fifty 
dollars, in the town where he dwells and has his home, 
and for the term of four years in succession, paying all 
taxes duly assessed on his poll and estate aforesaid, shall 
thereby gain a settlement in such town. 

5. Any person who shall be admitted an inhabitant by 
any town at a legal meeting, in the warrant for wLich 
an article shall be inserted for the purpose, or shall be 
chosen and actually serve one year in the office of clerk, 
treasurer, selectman, or overseer of the poor, being 
thereto duly elected In any town in this state, shall there- 
by gain a settlement in such town. 

6. All persons dwelling and Having their homes in any 
unincorporated place at the time when the s^ame shall be 
incorporated into a town, shall thereby gain a settlement 
therein. 

7. Upon division of towns, every person having a set- 
. tiement in them, but being removed therefrom at the 

time of such division, and not having gained a settlement 
elsewhere, shall have his settlement in that town where- 
in his former home or dwelling place shall be upon such 
division. And when an} new town shall be incorporated 
composed of one or more old towns, all persons settled in 
either of the towns of which such new town is compos- 
ed, and who shall uctuAlly dwell and have their homes 
within the limits of such new town at the time of its in* 
corporation, shall thereby gain a settlement in such new 
town. Provided^ nevertkeless^ that no person residing in 
that part of any town which upon such division shall be 
incorporated into a new town, hrving then no settloment 
therein, shall gain any by force of such incorpora^tion. ; 



Sect; ftf. Faupen. ^ $33 

nor shall suish incorporation prevent his gaining a settle- 
ment therein within the time and by. the means by which 
he woold have -gained a settlement there if no sach divi- 
sion bad been made. 

8. Any person of the age of twenty-one years who 
flh^ll hereafter reside in any town in this state, and being 
taxed for his poll for the term of seven years in success 
sion, shall pay all taxes duty assessed on his poll and es* 
tate during the said term, shall be an inhabitant In such 
town. And every legal settlement heretofore gained, or 
which shall be gained by force of this act, shall continue 
until lost by gaining a new one, and upon gaining a nerfv 
one, all former settlements shall be lost." 



SECTION 10. 

OF THE ANNUAL RETURNS OF THE STATET OF PAUFEft- 

ISM IN TOWNS. 

The statute of July 2, 1823, enacts, *« t*at the over- 
seers of the poor shall annually make out a statement and 
account of tl»e names and expenses of the paupers i» 
their respective towns for the year ending before or 
within the month of March, which st^itement and account 
shall contain as near as >may be the age of the respective 
paupers, the sums expended on each, the cause of their 
being unable to support themselves, as idiocy, distraction,, 
age, infirmity of body or mind, idlebess, vipious habit^ 
sod when intemperance is an accompanyingL cause, it 
shall always be meeiioned ; and the said account shall slU 
so distinguish the county paupers and those who are not 
supposed to have their settlement in the town, irom those . 
whoare the proper charge thereof, and shall set forth^ 
ihe^sums*expei)ded in prosecuting and defending suitslsi 



t34 Taxei. Secv. 1. 

relation to the poor^ and the mode a<|o|ited for the sup- 
port of the poor. And the statement and account so oavde 
oat shall be signed by the 9aid overseers and by them be 
forwarded to the secretary of state on or before the &nt 
Wednesday of June annually." 

^^ That it shall be the duty of the secretary to receive 
such I'eturns and to preserve them on file in his office al- 
phabeticallj by counties, and to report to the legislature at 
their Juno session the names of the towns where fluch 
returns are delinquent." 



CHAP. XXXIY. 

OF THB ASSXISS»CBKT ASTB OOZABOTZOar 

OF TAZBS. 

Section 1.-*-^0f the assessment of taxes. 

The statute of July 7, 1827, entitled " an act for es- 
tablishing an equitable method of makiiYg taxes,'' enacts, 
^^that the inhabitants of the several towns in this state 
shall annually exhibit to the selectmen a just aQ4 
true account of their pulls and estates ratable by law. 
And the selectmen shall give warning at some public 
meeting, or post up advertisements at some public place 
or places in their town^ or in some other fvay g^ve no- 
tice to the inhabitants of the time and place in the toirn, 
when and where they -will meet to receive such accoant ; 
or the selectmen may make personal application to the 
respective inhabitants of the town for an account of their 
polls and ratable estate, or in 'any manner the town at a 
legal meeting may direct. And the said invoice shall be 
taken of what the respective iohaibitants had and possess- 
ed on the first day of April, and shall be taken sometime 



. 1. Taxei. « . . ^6 

in the same month. And in case aoj person Bhall re- 
move from any town, on or after tUe first d^ of April, 
iie shall pay his taxes that year in the town from which 
he removed. And if any person shall neglect after heing 
duly notified, or shall refuse w^en called upon in person 
by any of the selectmen, to give a true account of his 
poll and ratable estate, on oath if required, which oath 
any selectman is herieby empowered to administer ; the 
selectpaen may set down to such peison or persons, afl 
much by way of doomage as they shall judge equitable, 
and make the assessment accordingly ; which shall not 
be abated by the court of common pleas, unless in cases 
mrhere the person is unable to exhibit a particular ac- . 
count and shall make oath that such is the real case^ and 
that he has, used every endeavor in his power to enable 
him to make out such account." 

^^ That if any person in giving account to the select- 
.men of his estate ratable by law, shall not give in the 
whole of his estate so ratable, but shall conceal some 
part thereof from the knowledge of such selectmeui 
they may for any eistate so concealed and not g^ven in, up- 
on discovery of the fraud, rate such person in all taxes 
of ths^t year, four times as much as such estate,* if given 
In by the owner, woaldby law have been rated or tax* 
ed." 

'^ That the selectmen of the several towns in this state 
be, and (lercby are, empowered^ either, personally or in 
wilting, to demand of the cashier or other principal offi- 
cer «f any # bank incorporated by and acting under the 
authority of this state, an account in writing of all the 
shares in such bank, and their amount in value owned by 
any inhab^aot or resident of the town of which the per- 
sons so applying aie then selectmen. And it is hereby 
made the duty of such cashier or principal officer, on 
such application to furnish at said bank such applicants 
with an account in writibg of all the shrj^s i^id their 
amount in value, which shall then be owneoin said bank, 
by any inhabitant or resident of the town of which such 
applicants may be selectmen, within four days from the 
tim6 of sucl\ application^" 

'^ That if any cashier or other principal officer of 
any bank to whom any selectmen may make application 



ttS TaM$. Skct. I. 

«s aforesaid, for the purpose aforesaid, shall neglect or 
refuse to furnish such selectmen with an account of all 
the shares owned by any inhabitants or residents of the 
respective towns of which said applicants shall then he 
the selectmen, said cashier or principal officer shali for- 
feit and 'pay lor such refusal or neglect, a sum not less 
than one hundred dollars, nor more than four hundred 
dollars, to be recovered by ^n action of debt, in the 
name and for the use of the town of which such appli- 
cants shall be selectmen.'' 

'* That the ratable estate belonging to any ooannfac- 
taring company or corporation in this state shall hereaf- 
ter he taxed to such company or corporation by its cor^ 
porate name, and in the town or place wherein snch 
ratable estate is situated ; and the personal estate of such 
corporation or company shaU be held subject and liable 
to distraint and sale for the payment of all taxes which 
may be on such corporation or company assessed, in the 
same way or manner as the personal estate of individ* 
uals is or may be by law liable, Atid in assessing pablic 
taxes on any manufacturing coroparfy or corporation in 
this state, all raw materials intended for manufacture, 
and all manufactures belonging to such corporation or 
company, shall be estimated and taxed as stock in trade ; 
all factory buildings and work shops with the machinery 
thereunto appertaining, and ail other buildings belonging 
to and owned by any such corporation or company, shall 
be estimated and taxed a» buildings, and all other ratable 
estate of such corpora<iion or company shall be valued 
and taxed at the same rate as the same kinds of ratable 
estate owned by individuals are by law valued and tax- 
ed : Provided^, that no factory building or machinery shall 
be liable to taxation xintil the same shall be in a situation 
to be put into operation.*' 

** That it shall be the doty of the clerk, agent or di- 
rectors of anv manufacturi'ig company or corporation in 
tliis state, annually to exhibit to the selectmen of the 
town in which such manufacturing establishment is sit* 
nated, a true and just account of all the ratable estate of 
which such company or corporation shall be possessed on> 
the first day of April in each year, at the average value 
thereof fbr the year. And in case any such clerk, agent 
ec directors shall neglect^ after being, dulj> notified^ ob: 



Sect. 1. Taxa. 237* 

shall refuse when any of the selectmen shdil call upon 
bim in person to give a true account on oath, it* required, 
of the ratable estate of such mt^nufacturing company or 
corporation, which oath any selectman is hereby empow- 
ered to administer, or in case sOch clerk, agent or direc- 
tors, in giving ^n account of the ratable estate of such 
company or corporation, shall not give in the whole 
thereof so ratable, but shall fraudulently conceal some 
part thereof from the knowledgje of such selectmen, Ihey 
may for such neglect or refusal doom, or for such fraudu- 
lent concealment, assess puch company or corporation in 
the same way and manner, acd at the same rate as they 
may by law doom and assess an individual for such neg- 
lect or refusal, and for such fraudulent concealment of a 
part of his ratable estate." 

*^ That when any n/hnufactory shall be owned by any 
individual or individuals not incorporated, the same shall 
be taxed to the owner or owners in the town where the 
said factory is situated, at the same rates as are prescribed 
in this act for assessing manufacturing corporations." 

^* That all stallions and other horses and mares, all 
jacks and mules, all oxen, cows, and other neat stock tax- 
able by law, kept in any town in this state, and all stock 
in trade employed in any town owned by any person or 
persons not residing in the town where any such proper- 
ty may be kept or employed, shall be taxed to the person 
or persons haying the care thereof, on the first day of 
April, in the town where the same may be so kept or em- 
ployed. And the property thus taxed shtill be holden for 
the payment of all taxes duly assessed thereon. And the 
person having the care pf such property on the first day 
of April shall give the selectmen of any such town a 
true account thereof, and for neglecting or refusing so 
to do,, shall be subject to the same penalties as by law 
are imposed upon those who neglect or refuse to give 
such account of their own property ; and the owner there- 
of shall not be taxed therefor in the town where he may 
reside. And any person or persons so having the care of 
such property, and having been taxed therefor, shall have 
aright to retain the same, until the taxes assessed there- 
on, shall be paid ; and having paid any tax thereon assess- 
ed, shall have a righl to recover the amount of the tax 



SS8 Tttxei. Sbot. 1. 

to paid of the owners of the property in an action for 
money paid/' 

^^ That the guardians of minors, of idiots, of distracted 
persons, or persons non compos mentisj and of idle persons, 
shall annually exhibit to the selectmen of the respectiye 
towns in this stat^ a just and true account of the ratable 
estates of their respective wards, in Ihe same way and 
manner as the inhabitants of towns are required by law 
to exhibit an account of their own ratable estates. And 
it shall be the duty of' the guardians to pay all taxes le- 
gally assessed on their wards, and the taxes by them so 
'paid shall be allowed on settlement of their guardianship 
accounts. Provided nevertheless^' ihoX it shall be the duty 
of the selectmen to make such deductions from the in- 
▼entories of the estates of distracted persons and persons 
non tompos mentis, as they shall think just and reasons* 
ble, whenever it shall appear that the income of their 
estates is insufficient to support them." 

^^ That all rates and taxes shall be made and assessed 
in proportion to the amount of each person's poll and 
ratable estate. And all persona^l estate, and all buildings 
and real estate shall be taxed to the person claiming the 
same, or to the person who is in possession end actual 
occupancy thereof : and such real estate so taxed shall 
be holden and liable for the taxes thereon assessed.; and 
when the owner of any land and personal estate shall 
have deceased, the same may be taxe^ to the widow, any 
of the children, heirs, or any other person who will con- 
sent to be considered, as in possession thereof ; but if no 
person will consent to be taxed therefor, the saofie shall 
be taxed generally to the heirs of such deceased person ; 
and when any person shall be living in any house or on 
any farm on the first day of April, and shall not be the 
owner thereof, and shall refuse to give the same' unto the 
selectmen as his estate, ' the same shall be particularly 
described in the tax bill as under the occupant on the 
first day of April who shall be named, and the number of 
acres as near as may be estimated, the number of the 
lots or such other description shall be given as the said 
land, farm or building are commonly known by ; and in 
case no person shall be in actual possession of any house 
which is in the judgment of the selectmen teoan table, 
or any real estate improved as pasture, mowing, arable 



Skot.I. Taxu. 939 

or otherwise, and the sam^ shall not he owned hj any 
inhabitant or resident in 'such town^ the said house and 
land shall he particularly descrihed as aforesaid, and shall 
be taxed in such list without mentioning the owner, un- 
le S9 hebe known to the selectmen, in which case his 
namd shall be mentioned.'^ 

^* That the selectmen and assessors of the several 
towns and places in this state be, and they are hereby 
authorized, empowered, and required seasonably in ev- 
ery year to assess the polls and estates in their respec- 
tive towns and places, according to the rules and direc- 
tions of the law, their just and >equal proportion of a|l 
sums of money granted by the general court, for which 
they shall have a warrant under the hapd and seal of the 
treasurer of the state, ^nd their proportion of all sum^ 
of money legally voted to be raised to defray county . 
charges, for which they shall have a warrant under the 
hand and seal of the treasurer of the same county ; and 
all such sums of money as shall be legally voted to be 
raised at a town meeting of the inhabitants of their town 
duly holden ; and they shall also assess the polls and es» 
tates in such town all f uch sums of money as they may 
by any law of this state be authorized and empowered 
to assess. And the selectmen or assessors may from 
time to time, if they judge it necessary and convenient 
in assessing any tax whatever, assess a sum over and 
above the sum required to be assessed, not exceeding 
five per cent, upon the sum, to answer any abatements 
thai may be necessary in collecting such taxes ; which 
sum so assessed above the sum required shall be paid into 
the town treasury for the use of the town or place. And 
the selectmen shall make lists of all such assessments un- 
der their hands, and commit the same unto the collector 
or collectors of their respective towns with a warrant 
under their hands and seal in due form of law ; and in 
such lists shall be set down and expressed the names of 
all the inhabitants or residents therein taxed for their 
polls and'estates or estates only, and their several pro- 
portions of each tax. And the said selectmen shall cause 
a fair entry and record to be made of all invoices by them 
taken and assessments by tbem made in a hook of records 
of the doings and proceedings of the selectmen in their * 
said ojQSce, which book shall be the property of, and 



ft40 Taxesn Sect. 1. 

•hall be open to any of tbe inhabitants of, the town. 
And the said selectmen shall also have their assessments 
recorded hy the town clerk in the book of records be- 
longing to the town, or shall leave an attested copy with 
him seasonably for that purpose, and a copy of the in- 
voice from which the assessment was made shall be re- 
corded or left with the town clerk in manner aforesaid, 
that the inhabitants and others rated may inspect the 
•ame.^' 

'* That the selectmen of every town shall seasonably 
return to the respective treasurers or persons to whom 
they shall order the collector to pay any sum or sums of 
money the name or names of the collector or collectors in 
their respective towns, with an account of the surns he is 
ordered to collect and pay to them respectively, and date 
of the warrants given to him for that purpose, and the 
time when he was ordered to pay the same to the res- 
pective treasurers aforesaid." / 

•'That if the selectmen of any town or place in this 
state, having received the state or county treasurer's 
warranf requiring thtm assess any sum or sums of money 
on the polls and estates within their respective tofvns, 
shall neglect to assess the same within the time, in the 
manner accordi'^g to the direclions given in such war- 
rants, the same being agreeable to law, the persons and 
estates of such seleclnncn shall be liable and hereby are 
subjected to be taken in execution for the same to beis^ 
sued, served and executed in all respects as ihe law pre- 
scribes in the case of neglect of collectors in paying the 
sums contained m their lists ; and the said treasurers are 
hereby authorized and empowered to issue their execu- 
tions against said ?elcclnten accordingly, and such select- 
men shall have no remedy against the inhabitants of such 
town for any thing except the sum mentioned in the 
treasurer's warrant when they shall have paid the same, 
and in any suit to be brought for the recovery of the 
9ame, the selectmen shall recover no costs ; and in case 
the selectmen shall neglect to return the name or names 
of the collector or collectors to whom they shall commit 
any list of state, counly rr town taxes to the treasurer of 
the state, county or Town, agreeably to the directions 
given them by the slate trrjfsorer, county treasurer, or 
towns respectively, they shall be liable to executions 



Sbct. 1. Taxes, 241 

from the said treasurers respectively, in the same maDoer 
as in cases where they negle(/t to make atiy assessment, 
and shall have no remedy against the inhabitants of their 
respective towns for any thing except the sums by th^npt 
actually paid to the treasurers aforesaid, and shall recov- 
er no cost in any suit brought for the recovery of the 
same. And in all cases where an execution is issued 
against selectmen for neglect in assessing taxes, or neg- 
lect in returning the name of the collector, the same 
shall be issued against the selectmen whose duty it was 
to assess the tax and to return the naoe ol* the collector ; 
and in case no estate of such selectmen can be found 
whereon to levy the same, and their bodies cannot be 
found to be imprisoned, and the same shall be so return- 
ed by the sheriff to whom the same execution may be 
directed, an execution for the same sums may then be is- 
sued against the inhabitants of such town^ in the same 
manner as in the case where such inhabitants had neg- 
lected to choose any selectmen or assessors." 

The statute of December 16, 1812, entitled ^^ an act 
to establish the rates, at which polls and rateable estates 
shall be valued in making and assessing direct taxes/' 
enacts, ^^ that hereafter all public taxes shall be assessed 
on the polls and rateable estates in manner following, 
namely : each male poll from oighteen to seventy years 
of age (except those from eighteen to twenty-one, en- 
Volled in the militia, orJained ministers, the president, 
professors, tutors and students of colleges, paupers ?nd 
idiots) to be valued at one dollar and thirty cents : stall- 
ions or stud horses that have been wintered three win- 
ters, each at five dollars; other horses and mares that 
liave been wintered five winters, each at seventy cents : 
other horses and maies that have been wintered four 
winters only, each at fifty cents ; other horses and n^ares 
that have been wintered three winters only, each at thir- 
• ty cents ; other horses and mares that have been winter* 
ed two winters only, each at ten cents ; each jack that has 
been wintered three winters, at two dollars and fifty 
cents ; mules that have been wintered four winters, at fifty 
cents ; other mules that have been wintered three win* 
ters only, at thirty cents ; other mules that have been 
wintered two winters only, at ten cents each ; oxenvthat 
have been wintered five winters, each at forty cents \ 

22 . 



J42 Taxef. Sect. I, 

oxen that have been wintered fofiY' winters only, each at 
thirty cents ; cows that have been wintered four winters, 
each at twenty cents ; all neat stock that have been win- 
lered three winters only, each at ten cents ; all neat stock 
that have been wintered two winters- only, each at five 
cents; reckoning the winter to begin the first day of De- 
cember^ and to end the last day of March : orchard land, 
accounting so much for an acre as will one year with an- 
other make ten barrels of cider or perry, each acre at 
thirty cents ; arable land, accounting so mnch for an acre 
as will produce twenty-five bushels of Indian coro, or 
other grain equivalent, one year with another, at twenty 
cents ; moving land, accounting st) much for an acre ias 
will produce one ton of English hay, or other hay equiv- 
alent, one year with another, at twenty cents ; pasture 
land, accounting so much as will keep one cow one year 
with another four acres, each acre at tive cents : mills, 
carding machines, -^vharves and terries, to be estimated 
atone twelfth part of their net yearly income, after de- 
docting repairs : all other buildings and unimproved lands, 
whether owned by inhabitants or non-residents, at half of 
one per cent, of their real value : all stock or property, 
whether of tanners, curriers, blacksmiths, or other trades- 
men, employed in the business of their trades, and all 
stock in trade of merchants, shop-keepers or other tra- 
ders, reckoning the same at the average value thereof 
for a year at half of one per cent. : all bank shares, all 
money on hand or at interest, more than the owner pays 
interest for, at three quarters of one per cent. : all prop- 
erty in the public funds, to be estimated at the same rate, 
according to its reai value ; all chaises, sulkies, coaches 
and other wheel carriages of pleasure, or for the convey- 
ance of persons, at half of one per cent, of their real 
Talne'* 

The statute of July 3^ 1822, entitled " an act to estab- 
lish the rate at which bank shares shall be valued io 
making and assessing direct taxes," enacts, " that here- 
after all the bank shares owned in this state shall be rated 
and taxed in all direct taxes at one half of one per cent, 
instead of three ipurths of one per cent, any law or cus- 
tom to the contrary notwithstanding." 

The statute of January 3, 1829, entitled " an act for 
taxing sheep," provides, ^^ that hereafter in assessing 



Sect. 1, 



Taxes, 



243 



public taxes, all sheep whtch have been wiqtered one 
winter, vvhich any person may own over and above fifty^ 
shall be valued at one cent each.'^ 

These are^ believed to be all the statutes now in force 
which relate to tbe assessment of taxes. With respect 
to the mode of taking an invoice of the taxable property 
in a town, and of making assessments, it is not deemed 
necessary to say any thing here. The directions of the 
statutes are plain and clear, and these things will always 
be best done by selectmen and a^essbrs, when done in 
their own way. No forms, nor directions, which could 
Le here given^ would be likely to be of any real utility. 



FORM NO. L 

Form of a cetiificate of the assessment of a state tax to 
be returned to the treasurer of the state. 

Pursuant to a warrant from the treasurer of the 
state of New-Hampshire, dated the day of 

A. D. ^ we have assessed the polls 

and elstates of the inhabitants of C, and the lands of 
non-resident owners, the sum of and have 

comniitted lists thereof to C. C. collector of said 
town with warrants bearing date the day of 

last, and directing said collector to pay the 
said sum to the said treasurer of the state on or before 
the day of A. D. 

In witness whereof we have hereunto set our hands 
this day of in the year of our Lord, eigh- 

teen hundred and 

A. B. ^ Sekctmen 
' CD. S. of 
E. P. S Concord. 

* A similar certificate of the. assessment of the county 
tax ii^ to he r^tnrped to the county treasurer. 



244 



Taxes, > 

FORM NO. II. 



Sect. 9. 



Form of a certificate of the (usessment of town and school 
taxes to be delivered to the town treasurer. 

We hereby certify that we have assessed the polls 
and rateable estate of the iDhabitants of the town of 
C, and the lands of non-ifesident owners, the sum of 
twelve hundred dollars, voted by the said inhabitants 
qualified to vote in town affairs, to be raised to defray 
town chiirges, and also the sum of three hundred dol- 
lars, being the sum we were by law required to assess 
as a school tax, and have committed to C. C, yeo- 
man, collector of said town, lists of the said assess- 
unents bearing date the day of last, and 

requiring him to pay the said sum to the treasurer of 
said town on or before the day of 

A. D. 

In witness whereof we have hereunto set our hands 
this day of A. D. 

A. B. ) IS^lectmen 
C. D. V of 
E. F. S Concord. 



SECTION 2. 

OF THE LIST OF ASSE^SSMENTS OF TAXES LAID UPOIT 
INHABITANTS AND AESIDENTS, AND OF THE WAR- 
RANT TO COLLECT THE SAME. 

FORM NO. I. 

FortA of a list of assessments of taxes upon inhabiiantt 

and residents. 



i 




Town 
tax. 


School 
tax. 


• 

M 

n 




A. B. 
CD. 
E.P. 
G.H. 


24.71 

21.44 

35.40 

4.56 


4C.42 

42.88 

70.80 

9.10 


12.35 

10.72 

17.70 

2.26 


6.17] 
5.36 
8.85 
1.13 


J 



Sect. 2. 



Taxes. 



245 



The foregoing is a list of the assessment of the 
county, town, school and state taxes for the year 1826, 
upon, the ratable polls and estates of the inhabitants 
and residents in the town of. C. made by the under- 
-sisned and committed to B. D. 

A. B. 

C. D. \ Sekctmen^ 

E. P. 



■\ 



FORM NO. II. 

Form of a warrant to colkct taxes laid upon inhabitants 

and residents, 

STAT^ OF, NEW-HAMPSHIRE. 

Rockingham^ ss, 7q B, D. collector of taxes for the 
.^ '^-'^^ ^ town of' C. in said county for the year 182S/ 

J^' ^'5 ^ GREETING. 



In the name of the state of New-Hampshire yon 
arehereby r6qqired to levy and collect of the sever- 
al persons named in the list herewith committed to 
you, the same being a list of the assessment of the 
county, town, school and state taxes for the year 
1825, upon the rateable polls and estates of the in- 
habitants and residents in the town of C, made by 
the undersigned, their respective proportions of said 
taxes set against their names respectively in said list, 
amounting in the whole to $ to be paid hy you 

when collected as follows, viz. : to the treasurer of 
the county of Rockingham the sum of on or 

befoire the first day of September next ; to the treas* 
urer of the state of rfew-Hampshire the sum 
of * to be paid on or before the first day of 

January next, and the remainder of the whole amount 
of the list aforesaid you are to pay as^ follows : to 
the treasurer of the said town, to wit, the Buja of 
on or before the first day of September next, 
22'' 



/ I 

t46 Tates. Sect. t. 

aod the residue on or before the first day of Decem- 
ber next. 

And if any persons named in said )ist, after having 
had froai you fourteen days notice of the sums at 
wLich they are respectively assessed therein, shall 
neglect or refuse to pay, or if any persons named in 
said list, whom you shall have just reason to think 
about removing from the town, shall, on demand, re- 
fuse to pay, you are to collect the sums set against 
the names of 6uch persons, by distress and sale of 
gdods to them belonging in the manner by law pre- 
scribed. But you are in no case whatever to make 
distress of any person of his tools or implements^ ne- 
cessary for his trade or occupation,, nor of his ai*m8, 
or utensils of household necessary for upholding life, 
9or of bedding or apparel necessary for him or his 
family. And for want of goods and chattels whereon 
to make distress, you are to take the body of the per- 
son neglecting or refusing to make payment as afore- 
said) and him commit unto the common gaol in thb 
county, there to remain until legally discharged. 

And if any owner of land shall remove from the 
town, and shall not h&ve paid the sums assessed upon 
him, and shall have no personal estate whereon distress 
may be made : or if any person assessed in said list 
of taxes shall before payment die, leaving no person-^ 
alestate whereon to make distress, and no person in- 
terested in*" his real estate shall appear to discharge 
the taxes : or if any inhabitant shall neglect or re- 
fuse to expose his goods and chattels whereon to make 
distress, you are in each and every of the'cases afore- 
isaid to'proceed at the expiration of three months, and 
within one year, from the time of your receiving said 
list, to sell in the manner by law prescribed so much 
of such delinquent's lands as will pay the taxes and 
incidental charges, and execute a legal conveyance of 
the estate sold. 



Sect. 3^ 



Taxes. 



tin 



Given under our hands and seal at G. this first day 
of May, in the year of our Lord eighteen hundred 
and twenty-nine. 

A* B. ) Selectmen 
G. D. \ of 
E. P. S C- 



SECTION 3. 



OF THEXIST CgP ASSESSMENTS ON THE UNIMlPROTED 
LANDS OF NONRESIDENTS AND OF THE WARRANT TO 
COLLECT THE SAME. 

The list must be made and delivered to the collector 
previously to the thirtieth day of May annually. 

Gare must be taken to insert in the list the name of the 
owner if known, and otherwise the name of the original 
proprietor, the number of acres taxed, and the number of 
the lot and range. At least, as mai<y of these should be in* 
flerted as can be ascertained. But wh6n the name of the 
original proprietor and of the owner are unknown, jind 
the land has not been divided into lots, and when the num- 
ber of the lot and range cannot be' ascertained, the descrip- 
tion by which the land is commonly known will be suffi- 
cient. When a tract of land has a particular name, that 
name it is supposed will be deemed U good description. 
Every lot must be taxed separately, even when there are 
several belonging to one person. 



S48 Taxu. Smxti. 3. 

FORM NO.' !. 

Formof aUitof aatttmenUvpoahndiqfnonnsidentt. 



II 


If s 

m 


1 

1 


i 


1 1 
5 £ 


1 f i 

> a /■ 


i f 


A.B.|C. D.]1(K 


lUi 21 l|Waistlat. 1 $3i01i! 34i4 6811 17| S« 


C.H.I |100 


5l3;3iAbarD. | 1M]|I 09i2 18| 541 «7 


j [ 75| 1 1 IBrowD lob. ] 30018 UI14 OSU iJI>l SU 


M.M.I 1 -.111 ! ■ 'M. M.r.Hc*'-.' 7^1 -iQi aoi '->^- IS 


s.w.iA.P.- : ■ : -■■■ \^ !..[ -;■ : J. ]■;: 



The foregoing is a list of the assessmeots of the 
county, town, school aod highway taxes for the year 
1839, on the unimpiored lands of oonresidents withis 
the town of C. made by the undei'signed and commit- 
ted to C. Cr collector. 

A. L. : 



A.L. ) 
C.H. > 



FORM NO. n. 

Form of a warrant to collect the taxes assessed upon tht 
ufiimprotied lands of non-residents. 

STATE OF REW-HAMrBBlIlE. 

RoeJdngham, ti. To C. C. collector of taxes for tiu 
J -r-^ -i toon of C. in said eowUy. 

IZ^i GREETING. 

Irr the name of the state of New-IJampshire, you 
are hereby required to levy and collect of the sev- 
eral persons named in the list of taxes, herewith 
committed to you, the several sums set against their 
names respectively, the same being a list of tbejas- 
' '8 of the couoty, town, school and highway 



SecT. 4. 



Taxes. 



249 



/ 



taxes for the year 1828, upon the unimproved lands > 
of non-residents in the town of C. made by the un- 
dersigned, amounting in the whole to $ the sum ^ 
total 'of which you are to pay the treasurer of the 
said town of C. on or before the day oP 
next. / 

And you are on or before the eighth day of th» 
next session of the general court in June, to deliver 
to the deputy secretary of state a Copy of said list. 
And after the first day of September next, having ^ 
received from the said deputy secretary a copy of ' 
the said list, you are to proceed to sell in the manner 
by law prescribed, so much 9f eadti delinquent's es- , 
tate as will be sufficient to pay his said taxes and in- 
cidental charges. ' / 

Given under our hands and seal at C. this first day 
of May, A- D. 1838, 

A. B. ) Selectmen 
C. D. S of 
E. F. S Concord. 



SECTION 4. 



OP THE COLLECTION OF TAXES LAID UPON INHABIT- 
ANTS AND RESIDENTS. 

The Statute of July 7, 1827, entitled "an act to pro- 
vide for the collection of taxes assessed upon the inhab- 
itants of towns/^ enacts, ^^ that it shall be the duty of the 
collectors, in every town and place in this state, seasona- 
bly to collect all the taxes assessed in such towns or pla- 
ces, for which' they shall have sufficient warrants under 
the hands and seal of the selectmen of such town or 



-t50 Taxes, Sect. 4. 

place^ and to pay the saipe according to the directions 
given ifi such warrant. And eyery collector to whom any 
list of taxes, with a warrant in due for^ of law, shall be 
committed to collect, shiUl give fourteen days notice to 
the inhabitants or residents taxed in such list of the sam 
or sums at which they are assessed in such list, before he 
Mnake any distress therefor, unless in cases where sach 
collector hath just reason to think atly person is about 
removing out of his town or place. And when any col- 
lector shall have committed to him for collection^ a tax 
or taxes against any manufacturing company or corpora- 
tion, he shall give to the agent, clerk, treasurer, or one 
of the directors; a notice in writing statipg the sum or 
sums at which they are assessed, fourteen days before any 
distress shall be made therefor. And upon the neglect 
or refusal of payment of any inhabitant or resident, or 
manufacturing corporaition or company, taxed in said list, 
the said collector is hereby empowered to distrain the 
goods or chattels of, the person or corporation so neglect- 
ing or refusing. And the said collector shall keep such 
distress the space of four days, unless the mone}', for 
which such distress is taken, shall be sooner paid, at the 
cost and charges of the owner thereof; and if the owner do 
not pay the sum or sums so assessed upon him, and the 
costat and charges which have already accrued, within the 
space of four days, the sai^ collector shall proceed with- 
in forty-eight Uonrs after the expiration of said four days, 
to sell fit public auction, within the said town or place, the 
said distress ; and notice of the place, d^y and h^ur of 
such sale, which shall be sometime between ten of the 
clock in the forenoon, and six in the afternoon, and a par- 
ticular description of the goods and chattels to be sold 
shall be posted up in two public places in such town or 
place, twenty four hours before the time of sale. And a 
particular account in writing of the taxeHof the delin- 
quent, the collector's fees, the charges of keeping and 
selling such distress, the amount of the sale of each arti- 
cle, with the overplus, if any, after the taxes and all in- 
cidental charges are deducted, shall be delivered, imme- 
diately upon such sale, to the former owner, or ready to 
be delivered to him on request made. And for waat of 
goods or chattels, whereon to pake distress, the said col- 



Sect. 4. Taxes. S6I 

lector may take the body of any inhabitant or resident 
refusing to make payment ns aforesaid, and him commit 
to the common gaol m the same county, there to remain 
until tlie dame be paid, or he be discharged therefrom by 
due course of law." 

^^ That in no case whatever distress shall be made or 
taken of any person of his tools or implements necessary 
for his trade or occupation, nor of his arms or utensils of 
household necessary for upholding of lite, nor^of bedding 
or apparel necessary for him or his family/^ 

^* That when any collector shall take the body of any 
person for want of goods or chattels whereon to make 
distress, and shall commit him to prison, he shall give an 
attested copy of his warrant to the keeper of the prison, 
and thereupon certify under his hand the sum or sums 
such person is taxed in his list or lists, aod that he hath 
the body for want of g^oods or chattels whereoti to make 
distress ; and such attested copy and certificate thereon 
shall he a sufficient warrant to require the prison keeper 
to receive and detain such person in his custody until he 
pay the sums so certified, the costs of commitment, ^nd 
charges of imprisonment, or be otherwise thereof dit- 
charged by due course of law." 

^^ That in ca^e any inhabitants or residents shall, on 
(or after the first day of April in any year, and before he 
shall have paid his taxes for that year, remove from the 
to^Vti or place where his invoice was taken, and his poll 
and estate lawfully taxed, into any other town or place 
in this state, the collector shall have the same remedy 
against the estate and body of such person found in any 
part of the state, as he would by law have had in case 
such person had not removed^ and in case his body and 
estate so found, had been found in the town where h* 
may have been so taxed." 

" IThat every cdllector of taxes shall be entitled to de- 
mand and receive for the collection of taxes by distress,, 
and sale of gbods, and for como^itting the body of any 
person to' goal, the same fees as sheriffs are by law en-*, 
titled to demand and receive, when they collect money 
upon execution, by the sale of good and chattels, and 
when they commit the body of the debtor to goal opon 
execQtioD." 



t52 Taxet. Sect. 4. 

^* That when any owner or proprietor of any land or 
' other real estate, shall remove out of the town or place 
where such land or other real estate lies, on or after the 
first day of April in any year, and shall not have paid the 
sums assessed on him, and shall leave no personal estate 
whereon distress may be made : and when any person 
assessed in any list of taxes, shall, before payment, dle^ 
leaving no personal estate whereon to make distress, and 
DO person interested in the same estate appearing to dis- 
charge the taxes ; or when any inhabitant or resident 
shall neglect or refuse to expose his goods and chattels 
whereoa to make distress ; in each and every of the ca- 
ses aforesaid, the collector may, at the expii;ation of 
three months from the time of his having received such 
list, and shall, within one year, proceed to advertise, by 
posting up, in two or more of the most public places in 
the town or place where such lands lie at least six weeks 
before the sale^ notifications stating that so much of the 
delinquent owner^s estate will be sold at. public vendue 
' as will be sufficient to pay said taxes with incidental char- 
ges, unless prevented by previous payment ; and in such 
advertisement shall be expressed the name of the pro- 
prietor or owner, or the name of the person to whom 
the same shall have been taxed, and also the name of the 
occupant thereof at the time such advertisement shall 
be posted up ; and also in such advertisement shall be 
mentioned the day, hour and place of such intended sale : 
the place shall be some public one in the town or place 
where the estate taxed lies, and the hour shall be some- 
time between ten in the forenoon and six in the after- 
noon ; and in case the taxes and charges of advertising 
be not paid ba^fore the hour of sale, the collector may 
proceed to sell so much of the estate of the delinquent 
as will pay the taxes and all incidental charges ; and shall 
execute a good and valid conveyance of the estate so 
sold, in th^ same form and manner, and the same time 
for redemption shall be allowed, as the law provides 
and allows in the case of the sale of the lands and build- 
ings of non-resident proprietors for non-payment of tax- 
es." 

^^ That whenever any lands or buildings shall be sold 
as aforesaid, it shall be the duty of the collector making 



SiccT. 4. Taxei. 2&3 

the sale, to lodge with the town clerk of each town, 
withiD teD days afteV the sale aforesaid, one of the ad*. 
Tertisements which was posted up, with a certificate ac- 
companjing the same under oath, that the same and a sim- * 
liar advertisement was posted up as aforesaid according to 
the provisions of ^his fict ; which advertisement and cer- 
tificate shall be recorded hy the town clerk, and a certified 
copy of said record shall be deemed competent evidence 
in any court of law of those facts." * 

^^ That it shall be the duty pf every collector to lodge 
with the clerky wllhin ten days after the time of redemp- 
tion,^from any sale by him made as aforesaid, a correct 
list of all lands and buildings which have been redeemed 
from- said sale, to be recorded by said town clerk." 

^^ That each town cleik shall receive the same fees 
for recording, copying and certifying as aforesaid, as > 
clerks of 'the court of common pleas are by law entitled 
to receive for recording and certifying papers.^' 

*^ That the fees of the several collectors in the sale o^ / 
lands and buildings, as aforesaid^ shall be as follows, viz: 
for going to the places where the advertisements for the 
sale are to be posted up and returning heme, five cents, 
per mile ; for each advertisement twenty-five cents; for 
making the sale one dollar, for each deed twenty-five 
cents." 

'^ That if any collector shall take any greater fees for 
any of the services mentioned in this, act, than are herein 
before prescribed, he shall forfeit the sum of fiYo dollara - , 
to the person sueiug therefor, to be recovered by an ac- 
tion of debt." 

■ 

^^ That all acts and part of acts inconsistent with the 
provisions of this act be and the same hereby are re- 
pealed. Provided^ however^ that nothing herein shall 
affect the collectiod of any taxes heretofore made." 

In order to proceed correctly in the collection of tax- 
es by a distress and sale of goods, the collector must at- 
tend carefully to the following directions. 

]. Notice must be given to the person taxed of the 
sums which he is assessed in the list fourteen days before 
the distress can be lawfully made, nnlest iixe collector has 

2i 



264. Taxe$. Secv. 4. 



jast reason to think that the person taxed, is about to 
more from the town. 

2. A distress is not to be made of any person of his 
tool?, or implements neccssarry for his trade, or occnpa-' 
tion, nor of his arms or utensils, or household necessary 
for upholding life, nor of bedding, or apparel necessary 
for him or his family. 

Z. The collector must keep the distress four days, 
unless the taxes' are paid. 

4. He must sell the distress within forty-eight hoars 
after the expiration of the four days. 

5. Me must post up in two public places in the town a 
notice of the day, hour, and place of sale. The notice 
must contain a particular description of the goods to be 
sold, and the hour of sale must be between ten of tha 
clock in the forenoon and six in the afternoon. 

6. The goods mnst be sold at some. place within the 
town at public auction. 

7. A particular account in writing of the tases, the 
collector's fees, the charges of keeping and sale of the 
distress, and the amuunt of this sale of the articje, with 
the overplus, money, must be immediately delivered to 
the person, whose goods have been sold. 



FORM NO. I. 

Form of the advertisement. 

NOTICE. 

Taken as a distress for taxes, and to be sold at 
public auction, for cash at the inn of A. B. in Con- 
cord^ in the county of Merrimack, on Tuesday the 
third day of January instant, at eleven of the clock in 
forenoon, a bay horse four years old. 

CD. Collector. 

•Concord, January 2, 1826. 



Sbct. 4. Taxe$. SS5 

FORM NO. II. 

« 

Form of the account of sales^ ^c, 

I'o C. G. the following is an account of your taxes, 
for which a baj horse has h^figlL taken as a distress by 
me the subscriber, and ^Wfflieay sold at public auc*,^j|^ 
tion, and also an account ofine said sale and charges**"^ 
Town tax - - - $10,60 , 
County tax - - - 3,25 

State tax . - - i ,25 

16,00 

Charees i '^^'^^"S and keeping - 2,00 
^ ( Advertising and selling - 1)00, 



Said horse sold to M. N. be being thd 

highest bidder for - $21,00 

Deduct taxes and charges 18,00 



18,00 



Balance due you $3,00 

f CD. Collector. 



FORM NO. III. 

The form of the certificate in the copy of the toarrarU to 
be left with the keeper of the prison tohen a person is 
committed for taxes. 

I hereby certify that ten dollars and fifty two cents 
is the amount of the taxes, for which A. B. is now 
committed to prison by virtue of the warrant, of 
which the within is a copy, to wit. State tax $2, 
county tax j|^3,4own tax $3, school tax $2,52, and the 
costs of faking and committing is $2,50. 

Taxes - - $10,62 

Costs - - 2,50 



13,02 

CO. CoUector, 



S56 Taxes. 

Lands may be sold In the following ca^es, when taxes, 

assessed upon anj inhabitants or residents, are not paid. 

, I. When any owner or proprietor of any real estate 

shall remove out of the town where such estate lies, on 

1^ * or after the first day oVjSfmill in any year, and shall not 

* * have paid the sums assessed upon him, and shall leave 

no personal estate, whereon distress may be made. 

II. When any person assessed in any list of taxes, shall 
before payment die, leaving no personal estate, whereon 
to make distress, and no person interested in the real 
estate shall appear to dischai^e the taxes. 
* III. When any inhabitant or resident shall neglect or 
' refuse to expose his goods and chattels whereon to make 
distress. 

..Every cbllector of taxes, when he collects a tax io any 
of these cases by a sale of land, in order that his doings 
may be legal, must attend carefully to the following di* 
rections. 

I. He has no authority to advertise the land for sale, 
until he has had his list three months. ^ 

II. Advertisements of the sale must be posted up in 
two or more of the mpst public places in the town, 
where the land lies, six weeks before the sale. 

III. In the advertisements must be expressed, 

1. Th^ name of the proprietor or owner, or the name 
of the person to whom the land has been taxed, and also 
the name of the occupant, at the time the advertisement 
is posted up. 

2. That so much of the land as will pay the taxes, and 
incidental charges will be sold. 

3. A description of the land to be sold. 

4. The day, hour, and place of sale. 

IV. The sale must be at some public place inthe town 
where the land is, and at some hour between ten in the 
forenoon, and 9!k in the afternoon^ 



Sect. 4. Taxes. thi 

FORM NO. iy. 

Form of the advertisement uhen the land oj a person toho 
has removed from a town toithout paying his taxes^ is 
to be soldm , 

STATE OF NCW-HAMPSHIBE. 

Rockingham, ss. Notice is hereby given, that so 
much of the real estate of C. H. late of P. in 
said county, being lot No. 1, in the second range and 
third division (or being a tract of land bounded, &c.) 
and^now in the occupation of C. D. as will pay the tax- 
es assessed upon the said C. H. while residing in said 
town of P. in the year 1828, to wit. town tax f 1,50, 
county tax, $1, school tax $1,50, highwaytax $2,and in- 
cidental charges, will be sold at public auction at the 
inn of P. R. in said town,on Monday the second day of 
January next, at eleven of the clock in the forenoon 
(unless prevented by previous payment,) for the pur- 
pose of paying said taxes, and incidental charges. 

A. H. Collector. 

P. September 1, 1828. ' 



FORM NO. V. 

Form of the collector's deed. 

Kno\V all men by these pi^esents, that I. A. H. col- 
lector of taxes for the town of P. in the county of 
Rockingham, and state of New-Hampshire, Ijy virtue 
of the authority in me vested by a statute of said 
state, passed on the seventh day of July, in the year 
of our Lord eighteen hundred and twenty seven, en- 
titled an act to provide for the colleclipn of taxes, as- 
sessed upon the inhabitants of towns, in consideration 
of four dollars to me in hand, before the delivery 
hereof paid by A. M. of H. in said county, do here- 
by sell, and convey to him the said A. M. his heirs 
and assigns forever, the following tract of land 
bounded, &c. 

23* 



t$6 Tatii. Suit. 4, 

To bare' and to hold the said premises, to him the 
said A. M. and his heirs forever. 

And I do covenant with the said A. M. that I have, 
as collector^ good right to sell, and convey the prem- 
ises in manner as aforesaid, and that in selling the 
same I have in all things followed the directions of the 
said statute. 

In witness whereof« I have hereunto set my hand 
and seal this ^ day of in the year of our Lord 

A. ]H. & seal. 

Signed, sealed and de^vered, 
in presence ot us, 

w. s. 

L. S. 

The statute makes it the doty of the collector to lodge 
With the. town clerk, within ten days after the sale, one 
of the advertisements, which was posted up with a cer- 
tificate accompany lug the same under oath, that the same 
and a similar advertisement were posted up according to 
the provision ^of the statute. 

FORM NO. VI. 

. Form of the certificate. 

I, A. H. do certify that on the day of A. D. 
1838, 1 posted cp the within notification at the inn of 
A. B. in C. and a similar notification at the inn of 
W. H. in said town, where they both remained posted 
up as I verily believe until the day of sale mentioned 
therein. , 

A* Urn 

Rockinghainyss. Janikary A. D. Then 

thevabove named A. H. appeared and made oath that 
the above certificate by him subscribed is true. 
Before me, M. N. Jus* Peace* 



Sect. 6. Taxet. tftd 

SECTION 5. 

OF THE COLLECTION OF TAXES LAID UPON THE UN- 
IMPROVED LAJ7DS dp NON-RESIDENTS. 

The statute of Jaly 4, 1829, entitled, ^^ an act to pro- 
vide for the collection of taxes assessed upon the unim* 
proved lands of non-residepts,'' enacts, ^* that the select- 
men or assessors of the several towns and places in- this ' 
state, shall make out, in writing^ under their hands, and 
deliver to the several collectors on or before the 30tb 
day of May annually, a list of all taxes assessed upon the 
unimproved lands of non-residcnti?, and therein insert the 
~ name of the owner of the land, if known, otherwise the 
name of the original proprietor, and the numbec of acres 
taxed, and the number of the lot and range ; and the^ 
proportion of each assessment to each lot or tract of land 
taxed shall be set against said lot or tract of land in the 
list aforesaid, and if the name of the owner and the ori- 
ginal proprietor of any such land be unknown, sthe quan- 
tity of land, the number of the range and lot, if lotted, 
otherwise such description of the land taxed, as it is usu- 
ally known by, being inserted io said list/ shall be a suffi- 
cient description of said land.'' 

" That every collector of said taxes shall, on or before 
the eighth day of the next session of the General Court 
in June sifter the assessment of such takes, deliver to the 
deputy secretary for the [time] being a copy of his list 
of all such takes made out as aforesaid and signed by the 
selectmen of the town or place for which he is collector, 
and the said deputy 'secretary shall, for the inspection of 
all persons concerned, keep said Mist during the remain- 
der of said session, at the place where said court shall be^ 
holden and afterwards, until the first day of September 
next following ^the second session in the town where he 
shall reside, and it shall be the duty of the said deputy 
secretary, while said lists shall be in his bunds, to receive 
of any non-resident his proportion of said taxes, and give 
his receipt in discharge of the same to the said non-resi*> 
dent, who shall pay to the said deputy secretaiy for his 
trouble, at the rate of ten per cent, on the sum to be paid 
by the §aid non-resident to the d#>puty secretary for taxes. 



Seo TastB. Sgcv. 5. 

Acd the said deputy secretary shall at any time after the 
said fiist day of September, on application, made to hfoi 
by any collectdr of the taxes aforesaid, or by his order 
retaro t,o said collector a copy of his list aforesaid and 
the mooey which he shall have received thereon, taking 
said collector's receipt for the same ; and after the said 
first day of September, any of the said collectors, who 
may have received copies of their lists from said deputy 
secretary, shall publish an advertisement in the New- 
Hampshi're Patriot and State, Gazette, printed at Concord, 
in the county of Merrimack, at tde rate ol one dollar. per 
square for three insertions, and also in some newspaper 
published in the county where the said land is situated, 
iC any newspaper be printed in the county, otherwise in 
some adjacent county, at the rate of one dollar per 
square for three insertions, aod shall post up a similar ad- 
vertisement in some public place in the town or place 
where the lands lie, three weeks successively, commenc- 
ing eight weeks prior to the day of sale, that so much of 
each delinquent owner's estate will be sold at public ven- 
due, as will be sufficient te pay his said taxes, with inci- 
dental charges, unless prevented by previous payment ; 
apd the said advertisement shall contain, the same des- 
cription of the land taxed, as this act requires should be 
made in the lists aforesaid ; and also the time and place 
of sale. And if any of said owners shall neglect to pay 
their proportion of said taxes, with incidental charges, 
until the time of sale, the said collector shall then sell at 
public auction to the highest bidder^ so much of each de- 
linquent's estate as will pay 'said taxes, with incidental 
charges. Provided^ that every sale, by virtue of this 
act, shall be made in the town or place where the land 
> sold shall be situated, and between the hours of ten of 
the clock in the forenoon, and six of the clock in the af- 
ternoon ; and, if necessary, the sale may be adjourned 
from day to day, not exceeding thrte days, by public 
proclamation, made within the hours aforesaid, at the 
place of sale ; and no person shall beholden to pay any 
part ot the cdst, which may accrue at said auction, after 
the tender of the payment of his own taxes, with his 
proportion of the costs, which shall have accrued before 
such tender." 



Sect. 5. TaxeB, 261 

^' That if any more thao one person shall he interested 
in any lot or 'tract of land, each one may pay his propor- 
tion of taxes, according to his interest in the laud, and! 
the share of the delinquent only shall be sold." 

'' That each lion-resident, his heirs or assigns, shall 
JiaTe the liberty of redeeming his land, sold asaforpsaid, - 
at any timje within one year from the sale thereof, by 
paying or tendering to the collector, his executor, or ad- 
ministrator, or io their ahsc»ce by tendering at the usual * 
place ot abode of said collector, his executor or adminis- 
trator, a sum of money equal tck that for which the land 
may have been sold, with interest; at the rate of twelve 
percent, per anh. for the same, until the time of pay- 
ment or tender as aforesaid. And it shall be the dnty of 
the said collector to deliver to the clerk of the town, 
where the*land lies, an attested copy of the sale of land 
by him sold, in virtue of this act, with chargpes of sale, 
within ten days atler the sale thereof, to be by him kept 
on file ; and in case of the absence 'of said collector, his 
executor or administrator, on tender being made at his 
usual place of abode as afores<iid, said non-re^ident shall 
give information thereof to said town clerk, belore the 
time of redemption expires, who shall without delay,' 
record the same In his office, and the said non-resident 
shall leave the money so tendered with said town cicik 
at the time ot giving such information, for the use of 
said collector. And it shall be the duty of said collector, 
his executor or administrator, on payment or tender as 
aforesaid, or of the town clerk on the money being left 
with him, to give said non-resident a full discharge there- 
fbr, by receipt under his hand; and in case the money 
shall be received by the town clerk as aforesaid, he shall 
be paid therefor by the said nou-rcsident, ten per cent, 
on the amount of the moqey so received." 

** That every purchaser of the land io be sold as afore- 
said, shall upon the redemption ot the same, be entitled 
to receive twelve percent, per annum upon the purchase 
money." 

" That when two or more persona are interested in 
any lot or tract of land which shall be sdd ps aforesaid, 
ever}' individual may redeem his own part thereof, by 
paying or tendering his proportion of the taxes and costSj^ 



iSt Taxe$, Siicx. A. 

for which the said land was sold, in the same maBoer that 
all the owners of such land may redeepa their land sold 
as aforesaid, by jointly paying the whole sum necessary to 
[be] paid for the redemption of the same, and the same 
proportion shall be made according to the number of 
ticres in the lot or tract of land sold.'^ 

^^ That whenever any land shall be sold at veodue, hj 
any collector of taxes, agreeably to the provisions oif this 
> act, it shall be the duty of said collector to lodge with 
the town, cleric of such town, within ten days after the 
vendue and sale aibresaid, the newspapers containing the 
advertisement of such sale, and the advertisement which 
may have been posted up in such town, with a certificate 
accompanying the same, under oath, that said advertise- 
ment was posted up according to law ; which advertise- 
ment and certificate shall be recorded by said. town clerk, 
and a certified copy of said record shall be deemed suffi- 
cient .evidence of those facts, in any court of law ; and 
the said newspapers shall be kept on file by said cferk.^^ 

^^ That it shall be the duty of every collector of taxes 
aforesaid, to lodge with the town clerk of said town, 

^ within ten days after the time of redemption from any 
sal^ by him made, as aforesaid, a correct list of the lands 

' so redeemed, to be recorded by said town clerk.'' 

^^ That each town clerk shaH receive the same fees 
for recording, copying and certifying as aforesaid, as 
clerks Df ihe court of common pleas are by law entitled 
to receive for recording and certifying papers^" 

^* That the fees of the several collectors, in the sale 
of lands as aforesaid, shall be as follows, to wit. : forgo- 
ing to the deputy secretary for the copy of the list, 
thence to the p4ace where the advertisremcnts fcr the sale 
are to be printed, and returning home five cents per 
mile ; for advertising in the county paper and in the 
town, one dollar ; for making sale one dollar per day, 
and the same sum for a clerk ( for each deed made and 
executed to purchasers, twenty-five cents.; and the sums 
of money actually paid to the printers and the deputy sec- 
retary for the copy of the list, shall be a legal charge ; 
and it shall be the doty of each collector to make out an 
equal proportion of the costs as herein before directed to 
^acb lot or tr^ct pf land sold or advertise<i as aforesaid." 



SscT. 5. Taxes. t65 

^^ That if any collector shall demand or take any great- 
er fee pr fees than is hy law allowed for any of the ser- 
yices mcntio»^ed in thifi act, he shall forfeit five dollars to 
the person sning therefor, to be recovered by an action 
of debt." 

'^ That each non-resident taxed as aforesaid, in any 
town or place in this state, shall, at any time between the 
first &i\y of June, [and the first day] of September, have 
liberty to pay any highway tax assessed upoa his land, in 
labor, under the direction of the selectmen, at the same 
rate per hour and day as inltabitants may at the time be 
allowed. And it shall be the duty of selectmen of the 
several towns and places in this slate, to see that all mon- 
eys, arising by virtue of this act for the support of high- 
ways, be duly and seasonably appropriated to that pur- 
pose." 

'^ That it shall be the duty of the deputy secretary, 
town clerks and collectors to receive from any persoo 
when tendered in behalf of himself or any other persoo 
whomsoever, in the manner and at the times pointed out 
in this act, the taxes asses&ed as aforesaid, and interest 
and cost thereon, if any." 

^^ That when any estate of non-residents shall be sold 
by virtue of this act, and the money necessary for the re- 
demption thereof shall not hrve been paid or tendered 
within one year from the sale of the same, the collector 
who shall have sold Said estate, if livlrrg, otherwise hit 
executors or 'administrators shall then execute a good and 
sufficient deed of such estate to the purchaser of the 
same, if he shall then be living, otherwise to his heirs.; 
which deed shall be in the form following, to wit. : 

Know all men by these presents, That I colleo 

tor of taxes for the town of in the county of 

in the slate of New-Harops»lnre, for the year do by 

yirtue of the authority in me vested by the laws of this 
state, and in consideration of to me in hand, paid 

before the delivery hereof, by of in the 

county of in the state of hereby sell and 

convey to him the said his heirs and assigns (here 

describe the land sold) to have and to hold the said prem* 
isesj with the appurtenances, to him the said bii 



t64 



Toxet. 



Skct. 6. 



heirs and assigns forerer. And I the said do here- 

by coveDant with the (taid that in making sale of the 
same, in my said capacity, I have in all things conformed 
to the directions and requisitions of the law in that be- 
half provided, and that as collector as aforesaid, I have 
good right, as far as that right may depend upon the reg- 
ularity of my own acts and proceedings, to sell and cod- 
vey the same in manner aforesaid. 

In witness whereof I have hereunto set my hand and 
seal this day of Anno Domini 

Signed, sealed, and delivered in presence of us.'^ 

In order to proceed correctly in the collection of taxes 
under this act, the selectmen and collector must attend 
carefully to the following directions. ' 

I. The selectmen must make out in writing, under 

4 

their hands, and deliver to the collectbr on or before tlie* 
30th day of May annually, a list o f all taxes assessed upon 
the unimproved lands of non-residents. This list most 
contain, 

1. The name of the owner, if known, otherwise the 
name of the original proprietor, of the land. 

2. If the name of the Owner and original proprietor 
be unknown, then the quantity of land, and the number 
of the range and lot, if lotted, must be inserted in the 
list. 

3^ If the name of the owner and original proprietor 
be unknown, and the land not lotted^ then such descrip- 
tion, as the land is usually known by, must be inserted. 
If the laud has any name commonly known, in the place, 
such name will be a good description. 

4. The proportions of ^ach assessment to each lot or 
tract of land taxed must be set against- such lot, or tract 

in the list. 

I 

il. .The collector must on or before the eighth day of 
the session of the general court, in June next after be 



Sect. 6. 



Taxes. 



i&6 



receives the list, deliver to the depaty secretary a copy 
of his list of all such taxes, made out ^as aforesaid and 
signed by the seUctmen. 

III. The list of taxes mast remain with the deputy 
secretary until the first day of September. 

IV. After the first day of September, the collector, 
having received from the deputy secretary a copy of the 
list, may proceed to advertise the land of delinquents for 
sale. \ 

With respect to the advertisement, attention must, be 
paid to the following particulars: 

1 . The advertisement must be inserted in the New- 
Hampshire Patriot and State Gazette, and also in some 
newspaper, in the couuty where' the, land is, if any news- ' 
paper be there printed, otherwise in some adjacent 
county, three weeks successively, commencing eight 
^eeks prior to the day of sale. 

2. The advertisement must be posted up in some pub- 
lic place in the town where the laud is, eight weeks pri- 
or Uo the day of sale. 

3. The advertisement must state that so much of each 
delifiqueat owner^s estate will be sold at public vendue, 
as will be sufficient to pay his taxes ".vith incidental char- 
ges, unless prevented by previous payment. 

4. The advertisemcMit muit contain the same descrip- 
tion of the laud taxod. as is by law required in said list, 
and also the lime a»id place of sale'. The time must be 
between ten of the clock in the f« renoon, and six of the 
clock in the afternoon, and the place must be in the 
town, or place, where the land lies. 

U 



'> 



SS6 



Taxes, 



Sbct. 5. 



FORM NO. I. 

Form of the advertisement. 

8TATE OF NEW-HAMPSHIRE* 

Merrimack, ss. Concord, November 1, 1828. 

Public notice is hereby given, that so much of the 
undermentioned unimproved lands in-said town of Con- 
cord, belonging to nonresident owners and proprietors, 
as will p^y the undermentioned taxes assessed upon 
the said lands respectively for the year 1828, with in- 
cidental charges, will be sold at public auction, at the 
house of W. S. innholder in said Concord, on Thurs- 
day, the first day of January next, at ten of the clock 
in the forenoon, unless prevented by previous pay- 
ment. 

Owners. Original Description, g ^ ^ 5'*«? 2.i 

S» #i ^ »5 



Proprietors. 



u> fi. 



o 



C. C. 



c. c. 



A.B. C. D. the A.B.lot. 40 16 S 1 29 7 22 S 
E. F. unknown. ' 80 14 2 2 58 14 44 6 

A. D. Collector, 

V. The sale must be of so much of each delinquent's 
estate as will pay his taxes and incidental charges, aod 
must be at auction to (he highest bidder. 

VI. If any adjournment of the sale be necessary, it 
must be from day to day n^t exceeding three days, 
by public proclamation within the hours aforesaid, and 
at the place of sale. 

VU. Itis the duty of the .collector to deUver to the 
clerk of the town where the laud lies, an attested copy 
of the sale of the land, with the charges of sale, withia 
ten days after the sale. 



Sect.*. Tmu. ' - a67 

PORM NO. II. 

Porm of an account of sales of fmitnproved lands for 
taxes to be made by the collectar. 

An account of the sales of unimproved* lands of 
non-resident owners and proprietors in Concord, for 
taxes assessed upon the same in the year 1828, at a 
public vendue holden at the house of tV. S. innholder 
^n said Concord, on the first day of January, A. D* 
1829. ' 

Two acres of the A. B. lot bounded as follows, 

[Here describe the land sold.'] 

was sold totf.H. he being the highest bidder, for 
$3, to pay the taxes assessed upon said lot as afore- 
said, anioQriting to $0,61, and incidental charges 
amounting to $1,39 being in the whole $3- 

A. D. ColketQr. 

A copy of the account should be delivered tc the clerk 
•f 'the town attested as follows. 

A true copy, attest — • 

A. D. Colleetor, 

Vlll. It is ihe duty of the collector to lodge with the 
town clerk within ten days atter the sale, the new8pap(*r8 
containing the advertisement, and the advertisemcint 
which m ly have been posted up with an affidavit as fol- 
lows upon it. ' 

I, \. D do certify, that on the ciay of 

A. D. 1838, I posted up the within advertisement at 
the bouse of W S. in^^hoMer in Concorc*, where it re- 
mained posted up as 1 verily believe, until the day of 
fgle witbin meotioneci. 

A. D. 



/ 

1 



36$ 2"axu. Sect. 6. 

Merrimack^ a* Jnntipfy 1 , 1829. Then the above 
named A. D. appeared and made oath, that the aboTc 
certificate, by him Bubscribed, is true. 
Before me, 

M. N. Jut. Pe^aee. 

IX« The advertisement and the affidavit of the coU 

* 

lector should be recorded by the town clerk. 



SECTION «. 
or TKfi cotLBcrioN or taxes upoir improted LAirnt 

or NON-RESIDENTS. 

The Statute' of December 10, 1796, (1 A*. H. Lawtj 
S64,) and other statutes relating to the collection of taxes 
assessed upon the lands of non-residents, w'ere repealed 
by the statute of June 19, 1828. (3 A: H. Laws^ 280.) 
But this last mentioned statute was repealed by the stat- 
ute of July 4, 1829. (3 A. H. Laws, 663.) And/the 
effect of this repeal seems to have been to revive all the 
laws repealed by the str^tute of June 19, 1828, in rela- 
tion to the collection of taxes assessed upon the lands of 
non-residents, except so far as their provisions are incon- 
dstent with the provisions of the said statute of July 4, 
1829. And as the statute ot July 4, 1829, was intended 
to embody and will be found, on examination, in fact, to 
contain all the provisions of the statutes revived as afore- 
^ said, it is very clear, that taxes upon the improved lands 
f f non-residents are to be assessed and collected in the 



iHJilt. ?« 'faxes. i^9 

same manner as taxes upon the unimproTed lands o/'non- 
Tesidents. 

In order to ptoceed correctly, the selectmen must make 
« list of the taxes assessed upon the improved lands of 
non-residents, and a warrant as directed in the third sec^ 
tion of this chapter. And the list must be delivered to 
the collector, and he m^ust in all things proceed as direct- 
ed in the fifth section of this chapter. 



SECTION 7. 

•F THE FROCEEDINGS AGAINST DEFICIENT COLLEe^ 
TORS AND AGAINST THE SELECTME^jT AND' INHABIT- 
ANTS OF TOWNS IN CERTAIN CASES, WHEN TAXES 
ARE' NOT DULY PAID. 

The statute of Fe*)ruarj 9, 1791, entitled ** an act di- 
recting the proceedings against deficient collectors,'' 
enacts, *' that if any collector of taxes shall not pay to 
the state treasurer, county treasurer, town treasurer, 
selectmen, or any other person or perspns all such sums 
of money as shall he committed unto him or them to col- 
lect, by the time prefixed in the warrant or warrants to 
such collector given, which time shall never be sooner 
than three njonths from the time of the delivery of such 
warraqt, with a list of taxes, then, and in every such case 
the state treasurer, county treasurer, town treasurer, se*- 
Jectraen or other person or persons to whom any such 
sum' is ordered to Le paid, his or their successor or suc- 
cessors in office, be, and hereby are empowered by war- 
rant or execution under his or their hands and s^als di- 

24* 



.. J 



t7t * Taxe$. Sect. 5. 

rected to the aheriff or his deputy of the county where 
the 8ame is to be executed, returnable by a certain day 
thereiji to be oientioned. which shall in no case be less 
th^n pixty days, to cause ail such fiun>8 ut money to be 
levied by distress and sale of the real or pers^'Oal estate 
of such dt*6cient collector, returning the ovt^rplus, it any 
there be, and tor want of any such estate to imprison such 
deticient collector until the same be paid.^' 

'^ That the treasurer, or olher person issuing any such 
warrar^t or execution, on return of the same unsatisfi<-d, 
or ^satisfied in part only, may issue an alias for such suiii 
as may reo^ain due on the return of any former one, and 
80 on as often as occasion shall require. And in case 
such warrant or execution he issued either by the state 
or county treasurer, and the sheriff can Bnd no eMate 
real or personal, or not sufficient whereon to levy and 
satisfy the same, and (he body of such deficient collector 
cannot be found within his piecinct, or in case the body 
shall be committed, and the money be not paid within 
three months from the time of commitment, in either ot 
the cases aforesaid, the treasurer issuing such warrant or 
execution, on being certified by the sheriff that no suffi- 
cient estate can be tbund, whereon to levy, and that the 
body cannot be found, or that the, body bath been impris- 
oned three months, and the money hath not been paid as 
aforesaid, shall notify the selectmen of the town or place 
on whom the said tax was assessed thereof, who are here- 
by authorized and empowered immediately to assess the 
inhabitants ot such town or place the sum so due, and 
collect the same as otlier taxes and assessments are coU 
iected, and pay the same to the treasurer to whom the 
same is due ; and in case the sum for which such warrant 
or 'Execution issued be not paid within six munths from 
the time of such notice being gven as aforesaid, theu 
the said treasurer shall, and may issue his warrant or ex- 
ecution in manner aforesaid, against the inhabitants of 
such town or place for all such sums as> are due and unpaid 
upon the former waiiant or execution, and may add 
thereto the legal lees for the former warrant or execution 
and th* service^ trayei and poundage thereon." 



Sect. 1^. Taxes. til 

" That whcD any execution or warrant of distress 
issued by tne state treasurer, county Ireasnrer, town 
treasun^r, selectmen or other persons having lawful au- 
thority tt) jsstie the same shall be levied on the lands, 
tenem^'nts or hereditaments of any deficient colleclor, 
the «>fficer levying the Hnme shall proceed and Hell so 
m»ich thereof at public auction to the highest b.dder, as 
shall be sufficient to satisfy his said execution or warrant, 
with alt legal costs, giving thirty days notice of the lime 
and place of sale, by posting up advertisements therefor. 
At soone fjublic place in the town ot place where such es- 
tate lies, and iu two of the pdjoining towns, and in such 
cSse the sheriff shall specify m his advertisement the 
amount of the sum to he satisfied by i^uch sale, and the 
species, whether monev, certificates, state notes or other 
thing in which the same may be paid ; and in all cases 
. the sheriff shall receive in payment oi the sum mentioned 
in any such execution or warrant of distress, the same as 
the trcMSurer will receive of him, as described in such 
execution or warrant of distress." 

** That in all cases when the time shall be elapsed at 
which any collector shall be ordered to pay his taxlo the 
state, or county treasurer, and the eelectmei« shall be of 
opinion that such collector hath collected the - several 
sums mentioned in his li^t of th,e persons in such lists 
named, and that there is danger of such collector's ab- 
sconding, or being unable to pay when c died upon by the 
treasurer, to whoip the same is payable ; in every such 
case the selectm<'n m ly issue their execution or warrant 
of distress against such collector for all such sums as be » 
m:«y'be in arrear lo the state or county treasurer, or both, 
in the same manner as they may for any town tax ; and 
the proceedings in such case shall be the sacne in all r<^s- 
pects. Provided ul7vay8^ that the said setectnten shall is 
such case indemnify s6cb collector tor all damages (hat he 
may sustain, by reason of any extents that may issue 
agiinst him by the state or county treasurer lor the same 
tax; and the slate or county treasurer upon being notified ' 
bv the selectmen of their havin^r issued such execution 
as fitoresaid, shall not issue any t;xecution against such 
deficient collector, but shall in case of non->payment for 



f7t Taxesm Sect, ^i 

the space of. three monthft aftp r such notice, issue his exe- 
cation or warr.mt o* distress agTfiinst such selectmen^ aod 
Id their default of payment, against the inliabitants Ja the 
same manner as he is auth'^ri^ed to do ib the cabe oF col- 
lectors being- unable to pay." 

^^ That in all ames where the name of any coll jctor, the 
date of the warrant given liim^the sum he is ordered to 
pay, and the time when he is to pay the same shall be re* 
turned to any tr«^asurer. before he issue any extent far the 
saoie tax; ir shall be the duty of the treasurer to issue his 
extents for surh delinquent tax agjinst nqch collector or 
colh'ctors, and asrainst no other pt^rson or persons^ exc«^pt 
in cases as bofbre mentioned, where such collectors are 
urable, or in cases where such trifasur^r hath received 
hotice as aforesaid, that the selectmen have already issued 
execution or warrant of distress therefor ; aid in all cases 
where the name or names of any collectors shall not be 
returned to the treasurer, it shall be his duty in the first in- 
stance to issue his execution or warrant of distress tor the 
unpai.ltaxot such town or place against the selectmen of 
that year, and against no other persons ; and in case such 
selectmen be vnabie, or ir c^ase return be' made by aaj 
sheriff, on any execirtion issued by any state or county 
treasurer, that no^electmen were chosen in such town or 
place that year, then such execution shall issue against the 
inhabitants of such town or place/^ ^ ' 

^* That in all cases where execution or warrant of dis- 
tress issues against any selectmen, or. against any town or 
place, in consequence of any default or neglect of any col- 
lector to pay l^ls taxes according to the directions, such se> 
lectmen, oi such town or place in every such case shall 
have their remedy against such deficient collector by ac- 
tion, and shall recover against him all such sums as thej 
may have paid, or ha^e been compelled to pay on bis ac- 
count, with damages for the extraordinary trouble they 
may have been at in paying the same." / 

''And in all cases where any town or place may becoro« 
pelied to pay any sums, r r he put t ^ any trouble or charges 
by reason ot the neghxt or misconduct o^ an\ selectmen^ 
they shall have their remedy against such selectsaen.^' 



Sbct. 7. Taxes. 273 

« 

FORM NO. I. 

Form of a tDorrant against a eoUecior, who is rtndss in 
his dfUy^ to be issued by the treasurer of the town^ when^ 
Ae tax is ordered to be paid to him. 

STATE 6F NEW-HAMPSHIRE. 

• » 

Rockingham^ ss. To the sheriff of said county of Rock' 

inghaniy or his deputy. 

' GREETING. 



< L. 8. > 



Whereas 0. D. of C. in said county, yeomao, on 
the twenty-eighth day of May last, being a collector 
of t^ies for said town of C. duly appointed and 
sworn, had a list of assessment of a town tax duly 
Yoted to be raised by the inhabitants of said town, 
made by the selectmen thereof and amounting to the 
suiii of one thousand dollars,.committed to him with a 
warrant under the hands and seal of the said select- 
men, directing and empowering him to levy and col- 
lect the several sums in the said list mentioned, aiul 
pay* the same to the treasurer of the said town of G. 
oil or before the first day of November last past* 
Yet the said C. D. hath not paid the said several 
sums, in the said list mentioned, as directed in said 
warrant, to the treasurer of the said town, but has 
wholly neglected so to do. 

You Rre tlrerefore, in the name of the state of New- 
Hampshire^ required forthwith to levy the aforesaid 
sum of one thousand dollars by distress and sale of 
the real and personal estate of the said collector, and 
pay the same to the treasurer of said town, returning 
the overplus, if any there be, to said C- D., and for 
want of such estate, to take the body of the said C. D. 
and commit to the gaol of the county aforesaid, there 
to remain till he has paid said sum of one thousand 
dollars, together with yotir fees, or be otherwise dis- 
charged by order of law, and make return of this 
warrant to myself or my successor^ or treasurer ef 



274 Taxes. , Sect. 7. 

said C, within siity-five days from the date hereof 
with your doings thereon. 

Given under my hand and seal this first day of De- 
cember, in the year of out Lord eighteen hundred and 
twenty-live. 

E. F., Treasurer 
of the town of C. 



FORM NO. II. 

Form of atbarrant against a collector who has eolketed 
the county tax^ and is in the opinion of the selectmen 
about to abscond without paying it over to the cotmty 
treasurer, 

STATE OF NEW-HAMPSHIRC. 

Rockingham^ ss. To the sheriff of said county or his 

\ J^ \ eREETmo. 

Whrrea^ C. D. of C. in said county, yeoman, os 
the first day of May last, being collector of taxes for 
said town of C, duly appointed and sworn, received 
a list of assessments '>f a county tax duly voted by a 
convention of the memberb of the house .of represen- 
tatives in said county^ nvade by the selectmen of said 
C. amounting to the sum of two hundred dollars, 
comfnitte<i to him with a warrant under the hands and 
seal of the said selectmen, directing and empowering 
him to collect the several sums in the said list men- 
tioned and pay the same to the treasurer of said coun- 
ty on or before the first day of December instant. 
And wiiereas in the opinion of the iiudersigned the 
said C D has c-^llected the .several sums mentioned 
in SHtd list, and there is danja:er of bis not being able 
to pay the sums when citlled upon by the said tieassr*? 
•r te whom the same is payable. 



I ' 



Sect. 8. Taxes, 276 

You are therefore, in the name of the state of 
New-Hampshire, required forthwith to levy the afore* 
said sum of two hundred dollars by distresi and sale 
of the real and personal estate of the said C^ D., and 
pay the same to the treasurer of said county, return- 
ing the overplus, if. any there be, to said C. D. and 
for want of such estate, to take the body of the said 
C. D.y and him commit to the gaol in said county,^ 
there to remain till he pay the said sum of two hund- 
red dollars, together with your fees, or be otherwise 
discharged by order of law, and make retrirn of this 
warrant to us or our successors or selectmen of said 
C. within sixty five days from the date hereof with 
your doings thereon. 

Given under our hands and seal this first day of 
January, in the year of our Lord eighteen hundred 
aud twenty-six. 

E. F. ) iSeUctnufi 
G. H. V of 



SECTIONS. 
• F THE ABATEMENT OF TAXES. 

The statute of July 7, 1827, entitled "an act for es- 
tablishing an equitable method of. making taxes," sect. 
14, enacts, '^ that the selectmen be, and they hereby are, 
emno>V(!red to abate any taxes, as well those assessed by 
their predecessors as by themselves, of any person ap- 
plying for the same, provided sufficiont reason for such 
abatement be shewn ; and if the selectmen deny or re- 



276 



Taxes. 



Sect. S. 



fuse to make sneb abatement, the person conceiving 
himself Kggrif ved by aojr tax or assesf^meDt, may apply 
by way oi petition to the court of common pleas in the 
same county, who are hereby empowered to make such 
order in the premises as justice may require. Provided^ 
that i<ucb ap{»iication be made within nine months after 
such person shall have be^n notified of such assessment, 
and requested to pay the same. Arid provided furiktr^ 
that the court of cummon pleas shall not have power to 
abate any taxes except as to such articles aod matters as 
the selectmen having the power of valuing shall in the 
judgment of said court haVe. overvalued^ and as to sums 
set down by way of doomage for not giving an inToice, 
whore the person doomed was unable to give an in- 
Toice." 

^^ That the inhabitants of any town at their annual 
meeting, if an article be inserted in the warrant for the 
purpose, may exempt the unimproved lands of noo-red* 
^ents from all or any part of the taxes aforesaid." 



'^'^ 



\ 



{ 877 } 



^\ 



CHAP, XXXIV; 

or XiJLYXN'a OUT, WTDBKZKO, Sl^RAZOHTIbir' 
XZVOy RBVAZRZKa AKD DZSC0KTZKlTZXr0 
BIOBWAVSy AKD OF OTHX8A ttATTBRS &a«* 
ZiATZKCI TO ROABS. 

SECTION 1. 

9F THE POWERS AND DUTIES OF SELECtMEN IN RE- 
LATION TO THE LATINO OUT AND THE WlDENINii 
AND STRAIGHTENING OF HIGHWAYS. 

The statute of July 5, 1829, entitled '* an a<5t for lay* 
ing out highways,'' enacts, 'Hhat wheneyfcr there shall be 
occasion for any new highway in any town in this state, 
the selectmon of such towD be and hereby are authorize 
ed and empowered on application made to them in wri- 
ting, to lay out the same, whether such new highway be 
for the accommodation of the' put)lic in general, or fbt 
the particular accommodation of the person or persons 
applying for the same. Provided^ that no highway shall 
be laid out by the selectmen of any town until a time 
and place shall have been by them appointed for hearing 
the ov^ners of the land, through wbich^ such highway 
may be proposed to be laid out, and such owners, if 
known, shall have had an opportunity to be heard on the 
subject. And notice in writing of the time and place 
thus appointed shall be given to such owners if known, 
•r left at 'their last and usual place of abode at l^ast 
fourteen days before the day appointed. And when such 
owner shall not be known, then notice shall be given as 
aforesaid to the persons having the possession of the 
land, if any such there be. Provided, that when the 
owner oi a^y such land shall not be an inhabitant of this 
state, then notice given as aforesaid to the person having 
the care of the land shall be deemed sufficient notice to 
the owner. Provided also, that when such owners shall 
be infants under the age of twenty-one years, notice shall 
be given as aforesaid to their guardians. And when any 

«5 



$78 Highways. Sect. 1. 

sach lands shall be holden by a tenant for life or for 
years, notice shall be given as aforesaid tt) such tenant, 
and also to the owner of the remainder or reverssion.^ 

^^ That when the selectmen of any town shall lay out 
a highway, they shall make a return thereof, in which 
the way shall be particularly described and the width 
thereof stated and shall cause the same to be recorded 
by the clerk. And such selectmen shall assess the dam- 
ages thereby sustained by the owners of the land, and 
shall insert in the record the sums so assessed. And 
when a highway shall be so laid out through lands hold- 
en by a tenant for life or for years, the damage done to 
such tenant, and al^o the damage done to the owner of 
the reversion or remainder shaH be separately assessed." 

*' That when a highway shall be laid out as aforesaid, 
£or the accommodatloo of tho public in general, the dam- 
ages shall be pa'd by the town. And when a highway 
shall be laid cut as aforesaid for the particular accommo- 
dation of one or more individuals, the damages shall be 
paid by such individuals. And no highwky laid out for 
the particular accommodation of individuals or for the 
public in general shall be made, or used until tl*e dama- 
ges shall be paid to the owners of the land or tender 
thereof shall be made.'' 

•• That the selectmen of the several towns in this 
state, be authorized and empowered, on application made 
to them io' writing lor the purpose, to niuke aLy highway 
or street in their respective towns wider and strafghter, 
in such manner and in such ..places as they shall judge 
proper. Provided that a c^ay for hearing the owners of 
the land where any such alteration may be proposed, 
shall be appointe^d, and notice thereof be given and the 
damages done to the owners of the land by means of such 
alteration assessed, and a return of the doings of the se*- 
lectmen be made, in the same way and manner as id here- 
in before provided in the case of new highwajs laid out 
by selectmen. And the damages so assessed shall he paid 
by the town." 

'' That any persons [person] who may think himself 
aggrieved by the selectmen of any town in assessing the 
damages done to him bj any new highway laid out a» 



,Sbct. U Highways. 279 

aforesaid, or by any alteration in a highway as aforesaid, 
may apply by petition to the court of con:.moD pleas for 
redress } and the said court, due notice having been first 
given to the selectmen, shall iaquire into the same by a 
committee and shall order such redress as justice may re* 
quire ; and may order either of the parties to pay costs as 
they may think just, and may issue execution for the dam* 
ages and costs against the town, or for costs in favor of 
the town, and against the party making the Jipplication." 

'* That the inhabitants of any town in this state oX a 
legal meeting hoidcn for the purpose may discontinue any 
highway laid out within the limits of such town. Proyid- 
ed, that if such highway shall not have been laid out by 
tho selectmen of such town, the same shall not be discon* 
tinned without the consent of the court of common pleas 
first had and obtained. And provicled also, that in all cases 
vhen on the neglect or refusal of the selectmen of any 
town to lay out any highway for which an application has 
been made to them, a petition shall be presented to the 
court of common pleas to lay out the same ; and duribg 
the pendenc}' of such petition in the common ]deas, the 
selectmen of such town shall lay out the highway, the 
town shall not discontinue such highway without the con- 
sent of the court of common pleas. Nor shall it in any 
case be lawful for a town, when on the neglect of such 
town to make or repair any highway within the same, an 
indictment shall have been found against said town for 
such neglect, to discontinue such road without the consent 
of the court of common pleas.'' 

*' That whenever it shall be necessary to lay out a high- 
way over land in two or more towns in the same county, 
or in different counties : or whenever the selectmen of 
any town,od due application to them for the purpose shall 
neglect or refuse to lay out a highway in such town ; or 
whenever any town shall discontinue any highway laid out 
by the selectmen thereof within two years from the time 
when the same shall have been so laid out ; or whenever 
there sliall be occasion for a new hi«;hway through a tract 
of land not within any town ; or when it shall be deemed 
necessary to make any highway leading from town to 
town in the same coun^ty, or in different counties, wider 
and straighter : or when the selectmen of any town on 



•» 



tZO Higkway$. ^ Sect. f. 

application to them duly made for the purpose shall neg*- 
lect or refuse to make any highway in the same town ^rider 
and straighter ; in ail such cases the court of comiDOD 
pleas shall have full power and authority on petition dulj 
presented to cause new highways to be laid out, or exist- 
ing highways to be made wider and straighter, as the case 
may be." 

'^ That whenever any petition shall be presented as 
aforesaid to the said court of common pleas praying that 
a highway may be laid out, ort^at any highway in anj 
tuwn or towns may be made w|der and straighter, the court 
shall order notice thereof to be given to the selectmen of 
such town or towns. And when any petition shall be pre- 
sented to said court praying that a new highway may be 
laid out over land not within the limits of any town, dae 
notice thereof shall be given to the owners of such land 
if known ; and in case such owners be not known, then 
the court shall urder the substance of the petition and the 
order of the court thereon to be published in such news- 
paper or newspapers and in such manner as they may 
judge proper, and a compliance with such order shall be 
deemed sufficient notice to all such owners.'' 

'* That the said court of common pleas^ upon any peti- 
tion presented to them for the purposes aforesaid, shall, 
if they deem the application reasonable and proper, ap- 
point 9, committee^ oi three peisons to examine the ground 
proposed for a new highway or the place or places in any 
highway proposed to be altered. And sueh committee 
having appointed a time and a place for hearing the own- 
ers of^the land, aad caused due notice thereof to be given 
to such owners in the same way and manner as is herein 
before directed in the case of highways laid out by select- 
men ; and having also caused due notice to be given of 
such time arJ place to the selectmen of the town or 
towns in which the highway is proposed to be laid out or 
altered, shall proceed at the time appointed to examine 
the ground and hear the parties, and if upon such exam- 
ination and hearing, they shall judge it expedient they 
shall lay out a new highway^ or make any^nepessary alter- 
ations in an existing highway and make a report thereof 
in writing to said court, in which report the new high- 
way or any alterations made in i^n existing highway nball 



Sect. 1. Highway a. S81 

be particolarlj descri(>ed, and th^ width of the new high^ 
way stated. Atid the said committee shall assess the daiD^ 
ages done by such highway, or by such alterations in a 
highway to the owners of the land in the same way and 
manner that selectmen are herein before directed to assess 
the damages in such cases, and shall insert the sums so as- 
sessed in^ their report. And such report being returned 
to the court of comnfon pleas and duly accepted,' such 
new highway, or such alterations in an existing highway^ 
shall be deemed to be duly established. Providedf that 
'When a committee is appointed on any petition for a high- 
way in any town, or from town to town, or for any altera- 
tions in a highway leading from town to town, notice to 
the owners of the land and to the selectmen' of the towns 
respectively of the time and place when and where thie 
committee will begin the examination of the ground pro- 
posed for a new highway, or of the highway proposed to 
be altered, shall be deemed sufficient." 

^^ That whenever it shall be deemed necessary in or- 
der to make the highways leading from one town to an- 
other town in the same, or in a different county, m9re 
direct and convenieijit, that in some parts of the 'route 
existing highways should be made wider and straighter 
and that in other parts of the route a new highway, or 
aew highway^ should be laid out, such alterations in ex- 
isting highways ^hall and may be made, and such new 
highways shall and may be laid out in one and the same 
petiUon." • 

^^ That the damages assessed by any committee as 
aforesaid, shall be paid by the town within whose limits 
that part of the highway for which the damages are as- 
sessed may be. And when any highway shall be laid out 
througb any tract of land owned by any person, or by two , 
or more as tenants in common, or joint tenants, in such 
manner that part of the highway through the same tract 
shall be in one town and part in another town, then the 
damages to be paid by such towns, respectively shall be 
separately assessed. And the costs of laying ont high- 
ways irom town to town, or through land uot within the 
limits of any town, shall be paid by the county. And the 
costs of widening and straightening highways from town 
to town shall also be paid by the county. And each of 

25* 



I 
/ 



1 



idi Highways. &fc61^. f . 

the committee to be appointed as aforesaid, shall be al- 
lowed iv9C dollars for each day actually and necessarily 
spent in snch service, and no more/^ 

FORM NO. I. 

Form of an application to selectmen to toy out a highway 
for tlie accommodation of the public ingeneraL 

To the selectmen of the tovm of Concord in the couniy of 

Merrimack. 

The undersigned respectfully shew^ that for the 
accommodation of the public in general, there is oc- 
casion for a new highway in said town, from 
thence running westerly to 

Therefore the undersigned request you, the said se- 
lectmen, to lay out, on the route above described, a 
highway ' of the width of three rods, and to cause a 
record thereof to be made in the manner and form by 
law prescribed. 

A. B. 

CD. 



FORM NO. II. 

Form of an application to seleeimen to lay out a way for 
the particular accommodation cf the person or persons 
applying for the same. 

To the selectmen qf the town of Chester in the county 0/ 

Rockingham. 

The undersigned respectfully shew, that for their 
particular accommodation there is occasion for a new 
highway in said town,* from thence running 

easterly to •^ 

Therefore the undersigned request you, the said 
selectmen, to lay out, on the route above described, a 
kigbway of the width of two rods, and to cause % f^* 



k 



Sect. 1. , Higkwatfs, - f85 

cord thereof to be made in the manner and form by 
law prescribed. 

CM. 



FORM NO. III. 

Form of an application to selectmen to make an existing 

highway wider and straighter* 

To the selectmen of the town of Concord in the county of 

Merrimack. 

^ The undersigned respectfully shew, that for the 
due accommodation of the public, there is occasion 
to make the existing highway, leading from 
southerly to in said town wider and straighter. 

Therefore the undersigned request you, the said 
selectmen, to make the said highway* wider and 
straighter, and to catH»^ a record of the alterations ia 
the same highway to be made in the manner and form 
by law prescribed. 

W.M. 



FORM NO. IV. 

Form of an order of notice upmh any application 

^ aforesaid. 

Upon the foregoing application, it is ordered, that 
the applicants give D3tice to all the owners and pro- 
prietors of lands through which the proposed highway 
may be laid out, to appear at the house cf A. B. in 
said Concord, on Wednesday, the first day of Februa- 
ry next, at ten of the clock in the forenoon, and shew 
cause, if any they have, why the request of the said 
applicants should not be granted, by giving to each of 



fS4 Highwayt. Sect. 1. 

said owners and proprietors, or leaving at his usual 
place of abode, a copy of the said application and tins 
order thereon, at least fourteen days previous to the 
said first day of February. \ 

Given under our hands this second day of January, 
A. D. 1826. 

A. L. ) Selectmen 

B. H. V of. 
CM. S Concord. 



FORM NO. V. 

AffidaoU of notice. 

I, A. B . do testify and say, that on the tenth day of 
January, A. D. 1826, I gave to M. O^ and C. D. a 
copy of the within application and order of notice, 
and OB the same day left a like copy at the house of 
B. L. being his usual placeof abode. 

A.B. 

* 

Merrimach, 88. Feb. 1, 1826. Then A.B. appear- 
ing, made oath that the foregoing afiSdavit by him sub- 
scribed is true. Before me, 

L. L. Justice of the Peace. 



FORM NO. yi. 

Perm of the laying ox(t of a highway for the parHcviar 
accommodcUion of an individual: 

Upon the foregoing application, the undersigned, se- 
lectmen of the town of Chester, having given notice 
as aforesaid to all the proprietors and owners of lands 
through which the highway hereinafter mentioned is 
laid out, to appear at the house of A^ B« in said Ches- 
ter, on the first day of February instant, at ten of the 
«lock in the forenoon, and shew cause> if any they had, 



r 



8e«t. 1. Highways. tZi 

why the request of the said applicant should sot be 
granted : and having met at said time and place, and 
fully heard all tl^e said proprietors and owners who 
chose to be heard, as well in relation to the propriety 
and expediency of laying out said highway as to the 
damages they might respectively sustain thereby, and 
having fully and maturely considiered the said applica-^ 
tion, are of opinion that there is occasion for a high- 
way in the place mentioned in said application. We 
therefore lay out the same as follows : , 

l^Here describe the road.'] 

The above described line to be the middle of the' 
highway, and the same highway to be three rods wide, 
and to be made by the said applicant, and remain a 
highway so long as the said applicant shall keep the 
same in repair, and no loiter. 

And we do hereby award to the respective owners 
of the lands, through which said highway isjaid oilt, 
the following sums, to be paid by the said applicant 
l^efore this laying out is recorded. 
To A. B. D. twenty dollars. 
To C, D. twenty-five dollars. 

Given under our hands at Chester, this first day of 
February, in the year of bur Lord egihteen hundred 
and Wenty-siXk 

A. L. ) Selectmen 

B. H. [ oj 

C. M. S Chester. 



FORM NO. VII. 

« Form of the laying out oj a iovm way. 

Upon the foregoing application, the undersigned, 
selectmen of the town of Concord, having given notice 
as aforesaid to all the proprietors and owners of lands 



28S Highvoay$* Sect. 1. 

through which the highway hereinafter mentioned im 
laid out, to appear at the house of A. B. in said Con- 
cord, on the first day of February instant, at ten oT 
the clock in the forenoon, to shew cause^ if any they 
had, why the request of the said applicants should 
not be granted ; and having met at said time and 
place, and fully heard all the said proprietors and 
owners who chose to be heard, as well in relation to 
the propriety and expediency of laying out said high- 
way, as to the damages they might respectively sus- 
tain thereby, and having fully and maturely consider- 
ed the said application, are of opinion that there is 
occasion for a highway in the place mentioned in said 
application. We therefore lay out the- same as fol- 
lows : Beginning at a stake near the house of M. O. 
in said Concord, thence south ten degrees west 
through land of said M. 0. forty rods to a stake, 
thence south eleven degrees west through land of 
C D. twenty rods to a stake, thence south nine de- 
grees west through land of B. L. forty- five rods to 
the highway. The above described line to be the 
middle of the highway, and the €ame highway to be 
three rods wide. 

And we do hereby award to the respective owners 
of the lands, through which said highway is laid out, 
the following sums, to be paid by the said town of 
Concord : 

To M. 0. twenty dollars. 
To C. D. twenty-five dollars. 
To B. L. forty dollars. 

Given under our hands at Concord, this first day 
of February, in the y&ar of our Lord eighteen hundred 
and twenty-six. 

A. L. ^ Selectmen 

B. H. [ of 

C. M. ) Concord. 



Sbct. 1. Highwfiys. 287 

FORM NO. VIII. 

Form of a record of aUerntions in a highway • 

.The undersigned, selectmen of the town of Con- 
cord, having given due notice as aforesaid to all the 
owners of land apprppriated for the purpose of wid- 
ening and straightening the road leading from in 
said town of Concord to in the same town, as 
hereinafter mentioned, to shew cause if any they had, 
at the bouse of M. N. in said Concord, on the first day' 
of February instant, at ten of/ the clock in the fore- 
noon, why the said highway should not be made wider 
abd straighter : and havhig met at the said time and 
place, and fully heard all the said owners who chose 
tabe heard, as well in relation, to the propriety and 
expediency of making arty alterations in said highway, 
as to the damages they might respectively sustain 
' thereby, and having fully and maturely considered the 
subject, are of opinion that there is occasion for mak- 
ing said highway wider and straighten We therefore 
have widened and straightened the said highway as 
follows : 

[Here describe the alteratior^.l 

And we do hereby award to the respective owners 
of lands taken for the purposes aforesaid, the follow*- 
ing sums, to be paid by the said town of Concord. 
To X. Y. ten dollars; 
To M. O. twenty dollars. 
, Given under our hands at Concord, this first day of 
February, in the year of our Lord eighteen hundred 
and twenty-six. 

A. L. ) Selectmen 

B. H. V 0/ 

C. M. S Concord. 

lo all the cases aforesaid, tie application to the select- 
men, the order of notice, the affidavit of notice, and the 
record of the doings of the selectmen, should be entered 
by the town clerk upon the toWn book, and be attested 
by him as clerk. 






I 



s 



\ 

^ 



S88 Highways. Saer. 2. 



SUCTION ft. 

OF MENDING AND REPAIRING HIGHIVAYS. 

The Statute of July 3, 18S9, entitled '^ an act for mend- 
ing and repairing highways," enacts, '^ that the inhabit- 
ants of every town in this state shall at their annual meet- 
ing in the month of March or at any other legal meeting 
vote such sum or sums of money as they shall judg'e ne- 
cessary for the making, mending and repairing of the 
seyera) highways and bridges in the same town for that 
year. And the said inhabitants may from time to time 
determine the price^ which shall be allowed tor labor, 
utensils 2(nd materials employed in mending or making 
highways, otherwise the said price shall be determined 
by the selectmen. And the selectmen of said towns shall 
assess the sum or sums so voted upon the polls and estates 
of the inhabitants of their respective towns in the same 
way and manner as state taxes are assessed." 

'^ That the said towns shall at their annual meetings 
choAse as many surveyors of highways as they shall jadge 
proper, who shall enter upon the duties of their office on 
the first day of May. And the selectmen shall on or be- 
fore the first day of May after the choice of such sur- 
veyors, limit their several districts and give to each sur- 
veyor a list of the several persons in his district, with a 
list of each persons's proportion of the sums voteS, and 
a warrant to collect the same. Provtded, that in case of 
a vacancy in said office, the selectmen shall have author- 
ity to fill the same." 

, " That the ?aid surveyors shall warn the several per- 
sons named in their respective lists to work upon the 
, highways within their respective districts, e«ich person 
his proportion of the sums voted to b^ raised, at the pri- 
ces determined by the town or by the selectmen as afore- 
said. And every surveyor shall give to every persoD he 
shall warn personal notice, or leave at his last and usual 
place of residence notice in writing, of the time, place 
and tools, when, where and with which each person ibaU 



I 



Sec/t. 2. . . Highmayt. 1S89 

attend, four days before the day appointed. Provided 
howeverj that in cases of sudden Emergencies, whicb may 
require immediate remedy, it shall be; lawful for the surw 
veyor 16 warn them or any of them to attend forthwith. 
And if any person shall neglect or refuse t<s work or send' 
a sufficient hand or hands, the said surveyor is hereby - 
authorized and required to levy the delinquent's propor- 
tion of the money voted to be raised by distress in the 
same manner as collectors of taxes are bv law authorized 
to do in collecting the state tax. Provided however^ that 
li^ such delinqnent shall make to the surveyor within four 
days after the time set for said labor a su^cient excuse, 
he shall be notified to work at some other time.'^ ♦ 

" That it shall be the duty of the surveyors of ()igh* 
i^ays to settle accounts with, and pay the bfilauce, if any 
there be in their hands^ to the selectmen or town treas- 
urer, agreeably to the warrants,- or directions given to 
them for that purpose. And if any surveyor shall neg* 
lect his duty in this respect, the sehpctmen, or treasurer 
for the time being, are hereby authorized to proceed 
with such surveyor in the same, manner as they are by 
law authoijzed to proceetl with collectors of taxes who 
are delinquent in collecting and paying the taxes com- 
mitted to them to collect.^' 

" That whenever it shall hapt)en, that by some un- 
foreseen accident the sum or sums allotted to a partica-^ 
lar district shall be found insufficient, in all such cases 
the selectmen may order the surveyor or surveyors of 
any district or districts with such persons in his or their 
lists as have not worked out their respective rates, to 
work .when such accidient shall happen, and in case such 
rates are insufficient to rep«iir any highway or bridge, 
the selectmen at th^ charge of such town shall forthwith 
cause such repairs to be made, as will ender [render] 
such road or bridge sate and passable.^' 

^' That any town in this state at any legal meeting, at 
which such town may vote to raise ary money for mak- 
iQg, mending and repairing the highways and bridges 
therein, may order and direct that the money so voted 
to be raised, shall be collected by the collector of taxes 
In the same way and manner as the' state tax is collected. 
And spch highway tax^ when collected by the . collectori 

26 ' 



no Highwayf. Sect* 2. 

•hall be by him paid over to the selectmen or the treas- 
urer of the towQ for the purpose of repairing tbe high- 
ways in SQch town, and shall be expended ior that pur- 
pose under the direction of tbe selectmen, or the survey- 
ors of highways, as the town shall direct. And collecton 
shall have the same authority in collecting such highway 
taxes as they have/ by law for the collection of the state 
taxi^' 

FORM NO. I. 

JFbrm of an appointm2nt of a surveyor of highways by 
selectmen to supply a vacancy, 

STATE OF NEW-HAMPSHIRE. 

To A. B. of Concord^ in the county of Merrimack. 

GREETING. 

Whereas there is a vacancy in the office of sur- 
veyor of highways in the district assigned to C. D. in 
said town of Concord for the year 1829,by the decease 
of the said C. D., the undersigned, selectmen of said 
town, reposing entire con6dence in your integrity and 
diligence, do appoint you, the said A. B. surveyor of 
highways for said district : and you are to execute all* 
such powers as by law apportain to said office for the 
year aforesaid. 

Given under our hands this firct day of July^ A. D. 
1820. 

0. JM.^ 
L.O. 
W. C. 

Highway taxes are to be assessed like other taxes, and 
the lists of taxes deliver^i] to the surveyors respectively 
should contaii) an accurate description of their several 
^strictf. 



\tl\ 



Skct. t* Highways. tfl 

PORxM NO. II. 

form of the warrant to be delivered to surveyors of high' 

ioays. 

^ STATE OF NEW-HAMPSHIRE. 

Roekingham^i ss. To A, B, surveyor of highu>ays for 
the first district in the toum of C. for the year of 
our Lord eighteen hundred and twenty-six^ 

In the name of the state of New-Hampshire, yoa 
are hereby required to warn the several inhabitants 
of said district, named in the list heiewithcomiiiitted 
to you, to work upon the highways in said district, un- 
der your direction, until they have paid respectively 
the sumsrset against their names in the list aforesaid, 
at the following prices. 

{Here insert the price of labor ^ ^c. ae fited by the 
town or selectmen.'] 

And you are to cause the said work to be applied 
to the repair of the highways in said district, at the 
times and places when and wh^re it may be most use- 
fully applied. / ^ 

And if any of the inhabitants aforesaid, having had 
four days notice to work as aforesaid, shall neglect or 
refuse to work, and shall not within four days after 
the time set for him to labor, make to you a reasona* 
ble excuse, you are to demand 6f every person so 
neglecting, in money, the sum set against bis name in 
said list, or so much thereof as may remain unpaid. 
And if the same be not paid within fourteen days af- 
ter demanded as aforesaid, you are to proceed to col" 
lect the same by distress and sale of the goods of the 
person so neglecting. But you are in no case whatev- 
er to make distress of my person of bis tools or im- 
plements necessary for his trade or occupation, nor of 
his arms or utensils of household necessary for up 



89£ Highways. Sbct. t. 

holding of lire, nor of bedding or apparel necessarj 
for hina or his family. 

And you are tokeep any distress you may make as 
aforesaid for the space of four days, (unless the mo- 
ney for which it is taken shall be sooner paid,) at the 
cost and charges of the owner thereof ; and if the 
owner do not pay the sum set against his name in the 
list aforesaid, or so much thereof as may remaiu un- 
paid, and the costs and charges that may have accru- 
ed, within the space of four days, you are to proceed 
within forty-eight hours after the expiration of said i 
four days, to sell at public auction within the town 1 
the distress, having first posted up in two public pla* > 
ces in the town twenty-four hours before the time of ^ 
sale a notice of the place, day and hour of sale, which 
must be some time between ten of the clock in the 
forenoon and five in the afternoon, and a particular de- 
scription of the goods and chattels to be sold. And 
you are immediately after the sale to deliver or have 
ready to deliver, to the owner of the goods sold, a 
particular r account of his taxes, of your fees, the 
charges of keeping and selling such distress, and the 
amount of the sale of each article, with the overplus, 
if any there be after the taxes and all the necessary 
charges are deducted. 

And you /re to settle your accounts with and pay 
the balance, if any there be in your hands, to the se- 
lectmen, of said town at the expiration of your year* 

Oiven under our hands and seal at C. this tenth day 
of April, in the year of our Lord eighteen hundred 
and twenty-six., 

A. H. ^ Selectmen 

B. M. > of 

C. Y. ) C. 

The 8urv<»yor9 of highways must observe, that if any 
person notified to labor upon the highways shall neglect 
or refuse to labor, and shall not within four days after the 
time set toi said labor make a sufficient excu9e^ hi& taic 



becomes a money tax, and must be demanded and collect- 
ed like other taxes assessed upon inhabitants. {For iht 
F^rms^ nttpmgea 2§4 4* ^^t FortruJVos. 1, 2, 4r 3.) 



SECTION 3. 

or THE LIABILITT OF TOWNS FOR DAMAOES DONE BT 
MEANS OF THE INSUFF1CIENC7 OF ROADS AND 
BRIDGES. ' 

The Statute of July 3, 1829, entitled '^an act for mend- 
ing and repairing highways,'' section 8, enacts, '^ that in 
case any special damage shall happen to any person or 
persons, or to his or their teams or carriages by means of 
the insufficieiicy or want of repairs of any highways or 
bridges in any town in this state, the party aggrieved 
shall recover his or their damage in an action against 
such town. And the to^n shall have a remedy over 
against any surveyor or surveyors through - whose fault 
or neglect the same happened. And surveyors of high- 
' ways are hereby authorized and empowered to purchase 
at the cost and charge of their respeotive towns all such 
timber, plank and other materials, as are necessary for 
mending and repairing the highways and bridges in their 
respective districts/' 

For the construction of this clause in the statute^ see 
2 M H. R, S92, Famum vs. Concord.— 3 JV. H. R. d3, 
MwrriU vs. Deering* 

26* 



Hi ' HtghjffayB. £fiC^. 4. 



SECTION 4. 

OF INCUMBRANCES AND ENCROACfiMENtS UPOIV 

HIGHWAYS. 

The statute of January 3, 18i29, eotitlecl ^^ an act aa^ 
thorizingf the removal of incumbrances in highwajs," 
enacts, ^^ that whenever any persoq or persons shall 
place in any of the highways or streets of any towD any 
masts, spars, mill-logs, boards, planks, stones or any oth- 
er thing whatever to the incumbrance of the ^me high- 
ways and streets, it shall be the duty of the stiivcyor of 
the highways in the district where such incumbrance 
shall be to give reasonable notice to the person or per- 
sons leaving any incumbrance as aforesaid to remove the 
same ; and if such person or persons shall neglect or re- 
fuse so to do, or if the owner be unknown, such surveyor 
shall make complaint in writing to some justice of the 
peace ini the same town or in one of the adjacent towns ; 
which justice upon his own v lew ofsuch incumbrance may 
by warrant under his hand and seal directed to such sur- 
veyor cause the same to be removed so far as ' the said 
justice shall judge necessary for the pubjic convenience, 
and shall also order so much thereof to be sold by such 
surveyor as shall be rdju^ged by said justice necessary to 
pay the legal costs which said justice shall tax, and three 
times the price of the labor of removing the same, 
which labor shall also be estimated by said justice. And 
such surveyors shall follow the same rules and regula- 
tions in making sale of any such incumbrance as' collec- 
tors of taxes dre by law directed to follow in advertising 
and selling personal property for taxes. Provided hoW' 
«ver, that no warrant shall be issued as aforesaid, for the 
purpose aforesaid, until notice shall have been given to 
the owner, if known, and he shall have had an opporto- 
nity to show cause why the incumbrance should not be 
removed." 

^^ That in all cases when the said articles of incuiL' 
branpe removed by any surveyor as aforesaid, shall not 
•ell for a sum. sufficient to pay and discharge the costs 



/ VIN «li «■■■ -•-->- ^^^|H^--«« VI <^p*^vv"*—^^^^VPV^p»««»W" 



4BCt.4. Highways. '. M« 

taj^ed aad three times the price of the labor of removing 
the same, estiniati^d by the justice as Aforesaid, the said 
surveyor shaH be entitled to recover the same or such 
parts theteof as shall remain unpaid iafterthe sale of such 
articles, of the person or persons who shall so incumber 
the said highways by an action on the case in any court 
proper to try the same." 

The statute'of Feb^^|ry^27, 1786, entitled '^ an act to 
prevent encroachment«j upon highways," enacts, " fpras- 
much as divers incunibrances and encroachments have 
been made, or hereafter may be made, in and upon the 
common roads, highways and streets, heretofore kid out, 
or which shall hereafter be laid out, within the several 
towns of this state ; For remedy whereof. 

Be it enacted bij the senate and house of representatives in 
general court convened^ That henceforth no edifice, bdild- 
Wg, or fence whatever, shall be raised, erected, built, of 
set up in, upon or over any of the said roads, highways, 
streets, lanes or allies within this state, ot- any part^ of 
any of them, whereby to straighten the passage, or any 
ways lessen the fulj breadth of any s-jch roads, highways, 
streets, lanes or alleys ; %md if any edifice, building, or 
fence whalso-cver, shall be raised, erected, built, or set 
up, or being erected, shall be continued upon, in or over 
any such road, highway, street, or alley, contrary here- 
unto, every such edifice, building or fence shall be deem- 
ed and held to be a ccfeimon nuisance. And the court of 
general sessions of the peace within the county where 
such ofi*ence may be committed, upon indictment and con- 
viction of the ofi*ender, are hereby empowered to order, 
and cause such edifices, buildings or fences to be taken 
down, demolished, and removed, and further, to punish 
the offender by fine, not exceeding ten pounds and costs 
of prosecution. Provided^ nevertheless^ That this act ohall 
not be intended, ' or construed to intend the prohibiting 
the setting up of any conduit, watch-house, cage, or 
stocks, for the public use, in or upon any highway or 
street within this state. And no person shall presume, 
wantonly or illegally to hurt or damnify any highways, 
jcauseways, or bridges, within this state, by destroying or 
taking away any of the plank, posts, timbers, or rg^ckf . 



"i' 



1S96 Highwayi. Sect. 4 

thereof, or by digging any pits therein for gravel, clay, 
or any other caave whatever, upon the penalty aforesaid 
upon being convictpd as aforesaid, fiut if the daaiage is 
supposed not to exceed the sudd of twenty shillings, any 
justice of the peace for the county where the 9ffeQce is 
committed, may take cognizance thereof, and on conyio 
tion punish the offender by fin^, not exceeding forty shil- 
lings, and costs, with liberty to appeal to the next court 
of sessions of the peace for saicPcou^ty. Provided^ that 
this act shall not be construed4o hinder the setting up of 
any gate, in or upon any highway leading through any 
meadow or intervale land, liable to freshets,^ as hath been 
customarily done," 

FORM NO. I. 

Form of a complaint of an incumbrance made by a sur- 
veyor of highways to a justice of the peace. 

To Jl. B., Esquire^ one oj the Justices of the Peace in 
and for the county of Rockingham in the state ofJVew- 
Hampshire^ dteelling in Che0ery in said county. 

Complains, C. D., surveyor of highways for the 
first district in Chester in said county, that E. F. of 
said Chester, yeoman, on the first day of January- in- 
stant, at said Chester, with force and ariDS in and up- 
on the common highway, in said district, leading from 
to divers large pieces of timber unlaw- 

fully and injuriously did put and place, and the same 
large pieces of timber so as aforesaid put and placed 
in the highway aforesaid from the said first day' of 
January until the day of exhibiting this complaint, to 
be and remain in and upon said highway, unlawfully 
and injuriously has permitted and suffered, and still 
does permit and suffer, to, the great damage and com- 
mon nuisance of all the citizens of said state having 
occasion to pass and repass in and along said highway, 
and against the peace and dignity of the s^ate. And 
^though your complainant, on the seventh day of Jan- 



4*. 



Sect. 4. Highways, S9'' 

. * ' V 

\ 

uary instant, requested the said E. F. to remove the 
said incumbrance ;' yet the said E. F. has wholly neg-* 
lected to remove the same. 

Wherefore the said C. D., surveyor of highways as 
aforesaid, prays the said justice, upon his own view of 
said inctimbrance, by warrant under his hand and seal, 
directed to the said complainant, to cause the same 
incumbrance to be immediately removed so jar as the 
said justice may judge necessary for the public good, 
and to order so much of the said timber to be sold as 
the said justice may judge necessary to pay the legal 
cost and three times the price of removing the same. 

CD. 

Chester, January 14, 1826. / 



FORM NO. II. . 

Form of an order to shew cause why the incumbrance 

should not be removed. 

Rockingham^ ss. Upon the complaint aforesaid, it 
is ordered that the said £., F. shew cause, at the 
dwelling house of the subscriber, in Chester, on the 
sixteenth day of January instant, at ten of the clock 
in the forenoon, why the said incumbi^ance should not 
be removed. 

A. 6. Justice of the Peace. 

« 

A copy of the complaint and of the order to shew 
cause should be given to the owber of the timber or left 
at his usual place of abode a reasonable time before the 
hour fixed by the justice, and an affidavit of tbe service 
of tbe order be made and filed with the justice. 



288 Highway$, Sbcv. 4- 

FORM NO. m. 
Form of the warrant to remove the incumbrance^ 

STATE OF NfiW-HAMPSHIRE. 

Rockingham^ ss. To C. />• surveyor of highwaye far 
t -'^A^ ^ the first district in the tovm of Chester ^ in said 
^ ^ "• ^ county. 



GREETING. 

Whereas, complaint has been made to me A. B^ 
Esquire, one of the justices of the peace in and for 
said coutity, dwelling in the said town of Chester, that 
{here insert the complaint) ^nd the said E.F. having 
been duly notified to appear before me, and shevr 
cause, if any he had, why the said timber should not 
be removed, and the said E. F. not appearing, (or not 
shewing sufficient cause against the same,) and it ap- 
pearing to me the said justice, upon my own view of 
the same, that it is necessary for the public good^ that 
the tiihber mentioned in the said complaint be remov- 
ed, I do hereby order and require you forthwith to 
remove the said timber from the highway aforesaid, 
so that no part of the same may in any way impede or 
hinder those who may have occasion to travel upon 
the said highway. 

And you arc also ordered to sell so much of the 
said timber as may be necessary to pay the legal costt 
up9n the said complaint taxed by the said justice at 
two dollars, and also the sum of three dollars, being 
three times the price of the labor of removing the 
same, as estimated by the said justice. 

And yoCi are to keep such part of the said timber 
as you may have occasion to sell for the purpose 
aforesaid four da^s, unless the said sum shall be soon* 
er paid, and if the said E. F. do not pay the same 
sums within the space of four days, you are to proceed 
within forty-eight hours after the expiration of said 



Sect. 4. Highways* 299 

four days to sell at public auction, witliiu tl^e.said 
town, so much of the said timber as may he uecessaT 
ry to pay 9aid suras, having first posted up in two pub- 
lic places in the town twenty-four hours before the 
time of sale a notice «of the place, day and hour, of 
sale, which must be sometime between ten of the 
clock in the forenoon and six in the afternoon, and a 
particular description of the said timber. And you 
are, immediately after the sale, to deliver, or have 
ready to deliver, to the said £. F. a particular ac- 
count of the said sums, and the amount of the sale of 
each article. 

Herein fail not. Given under my hand and seal 
this sixteenth day of January, in the year of our Lord 
eighteen hundred and twenty-six. 

A. B. Justice of the Peace. 



rbe form of the advertisement of the goods for sale, 
of the account of the sales, is the same as those used 
in case of a sate of goods for taxes assessed upon inhabit- 
ants of towns. {See pages 254 and 255, Forms J^o, t, 
£,3.) 



Ae mder is nqatitbtA to correct the following erron in these pages. 

Page 80, fine 12 from the bottom, strike oat *^ superior eourt of iudiealwnej' aaA 
iBsert ^ court of common pleas f* and in the same pag^ line 8 from tne bottom, strike 
«^ the word ^ superior^ 

Page 81, line 6 trom the b'jttom, strike out << tupetiat court/' and insert ^^eommonpledtJ' 

Page 82, line 13 from the bottom, strike out >* mptrior court of judicature^ and insert 
^ towt -of common! jpleas,^ 

Page 150, line 8 rrom the bottom, strike out '^ybufteen,'^ and insert *^fifUenf and 
•n the same page, line 12 from the Hottom, strike out ** fourteen/' and insert ** fen." 

Fsne 160,;,in the 1^ line but one of form No. 3, after the words **i«ni« ami plaoe/* ioMit 
* oMia'purmue.^ 

Pi^e 265, line 6 from the top, for << Tkundaxf/* insert « this day.*! 

Page 234, for <« Cha^ uxir.^ insert *< Chap, %3aaiL» 



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