with such house, or any two or more of the overseers, in any town that, either by themselves, or in conjunction with other towns, shall erect a work-house, are authorized, empowered and directed, to commit to such house, by writing under the hands of the said overseers, to be employed and governed according to the rules and orders of the house, any person or persons, residing in such town, that are in this act declared liable to be sent thither. Provided, that no greater number of persons belonging to any town, be received into the house, than such town's proportion of the said house to be allotted them, can accommodate, when the receiving them will exclude or incommode such as belong to other towns; and an order of commitment from two or more overseers, directed to a constable of the same town, shall, by such constable, be obeyed and executed. No town shall be chargeable for the relief or support of any person committed to the said house, who was not sent thither by the overseers belonging to such town, nor shall any person, orderly committed to the said house, be discharged therefrom, but by the overseers who made the commitment, or by the overseers at a general or quarterly meeting, or otherwise by the court of common pleas in the same county, upon application to them made for that purpose. VIII. Persons, thus committed, to be kept diligently employed; and to be punished for disorderly behaviour. By the same statute it is further enacted, that every person thus committed, if fit and able to work, shall be kept dilligently employed in labour, during his or her continuance there and in case the person so committed, shall be idle, and not perform such reasonable task or stint, as shall be assigned; or shall be stubborn and disorderly, they shall be punished according to the orders that shall be made for ruling, governing and punishing Ibid. Ibid. s. 10. Ibid. s. 10. Ibid. s. 11. Ibid. Ibid. 6. 8. Ibid. s. 9. the persons there commited, not repugnant to the laws of the government. So by the same statute, when any foreigner or other person, not a legal inhabitant of any town within this commonwealth, shall become idle or indigent, it shall be the duty of the overseers of the town in which such person resides, or any two of them, to commit such idle or indigent person to the work-house belonging to the same town, or in which such town is interested, and the person or persons so committed, shall be under the care of the keeper of such house, and be employed, if capable of labour, in the same way and manner, as is before directed, and shall be subject to the same rules and regulations as others committed to said house. And such overseers shall keep a fair account of the charge of supporting such idle or indigent persons from time to time, and shall exhibit the same, once in every year at the least, to the general court, for allowance and payment, deducting therefrom, the amount of such person's earnings. IX. Provision for the furniture of work-houses; and the materials for carrying on the work therein. The same statute has further enacted, that if any town shall refuse or neglect to provide its proportion of the needful furniture for such house, or the materials, implements or other necessary apparatus for carrying on the work there to be performed, according to their agreement, or as shall be directed by the overseers, such town shall be deprived of the privilege of sending any person thither, until they shall comply with such agreement or direction. The same statute has further enacted, that besides the aforesaid proportion of materials and other things to be found by the towns concerned, each town may likewise provide such other materials and tools for work, as the overseers for such town shall determine, any person by them committed to the said house can be employed about, more advantageously. X. Accountability of the master for such materials, and the earnings of the labourers. By the same statute it is further enacted, that the master of the house shall receive such materials and tools, and keep them separate and apart from those sent from any other town, and shall be accountable to the overseers of each town concerned, as well for the prime cost as for all profits and earnings, that shall be made by the labour of those, belonging to such town, under his care, and shall keep a register of the names of the persons committed to such work-house, and of the towns to which they respectively belong, with the time of their being received into, and discharged therefrom, and of their earnings, that the same may appear to any of the overseers whenever they shall incline to inspect them. XI. How the earnings of the labourers are to be applied. By the same statute it is further enacted, that one third part of the profits or earnings of the work, done by the persons detained in such house, shall be to the master, for, and towards his support, over and above such further annual stipend as the overseers may allow him. And the prime stock, together with the other two thirds of the profits, shall be disposed of by the overseers of the respective towns, to whom it belongs, either to the master towards his services, or for the support of the families of the persons there detained, if any such they have, or otherwise for the use of such town, as occasion shall require. XII. How controversies between the master and the overseers may be determined. Ibid. Ibid. s. 12. Ibid. Ibid. s. 9. Ibid. s. 13. Ibid. Under Proviso, Ibid. By the same statute it is further enacted, that all controversies between the master or keeper of such house, and the overseers of any town, touching his accounts or other affairs whatever, respecting the work-house, may be determined by the overseers of the house, at a general or quarterly meeting. XIII. Of the discontinuance of work-houses. The same statute has further enacted, that any workhouse erected or provided as aforesaid, may be discontinued or applied to any other use, whenever the town or towns concerned, shall find their circumstances require it, and shall agree thus to do. XIV. Of exceptions in favour of the work-houses in Boston and Salem. The same statute has further enacted, that nothing therein contained, shall be understood to abridge the town of Boston, or the overseers of the poor thereof, of any privilege or power respecting a work-house, granted unto them, by a law passed in the year 1735; but the same law, entitled "An act for employing and providing for the poor of the town of Boston," and every clause thereof, is thereby established, ratified and confirmed. So nothing therein contained shall be so construed, as to abridge the town of Salem, or the overseers of the poor thereof, of any privilege or power granted unto them, by an act passed the 26th day of January, 1773, entitled "An act for employing and providing for the poor of the town of Salem, and for the better regulating the work-house in said town;" but the same and all other acts relative to work-houses theretofore erected in any particular town, and every clause of such acts, are thereby established, ratified and confirmed. TITLE CLIV. WRIT DE HOMINE REPLEGIANDO. 1. In what cases this writ will lie. 2. In what cases this writ must be brought at the supreme court. 3. In what cases this writ must be brought at the common pleas. 4. Of the recognizance or bond required of the plaintiff. 5. Of the return of elongation by the sheriff; and herein of the writ of withernam. 6. Under what conditions any person may appear for the plaintiff without special power. 7. Of the judgment, damages, and costs. I. In what cases this writ will lie. By statute it is enacted, that every person within this commonwealth, who shall be imprisoned, confined, or held in duress, shall be entitled, as of right, to the writ de homine replegiando, and to be thereby delivered; unless, while the writ of habeas corpus is suspended by the legislature, he shall stand committed by the supreme executive power of the state, as dangerous to the public safety, or by the same, or by some subordinate authority of the government, for treason, the death of man, counterfeiting the common currency, house-burning, burglary, robbery, or some other offence, for which, if he is convicted, he may suffer death or banishment, or unless he is held in execution upon judgment of debt, forfeiture, withernam, or by distress for taxes, or under sentence, after conviction, for fine, costs, or in punishment.(1) (1) This writ will not lie by the putative father of a bastard child, to recover such child from the custody of its mother, after a marriage of the parties and divorce. Wright v. Wright, 2 Mass. Rep. 109. Stat. 1786, c. 58, s. 1. |