and constables and grandjurors are directed to fearch after and make due prefentment of all breaches of this law.

VI. Drunkenness is where a perfon by the use of spiritous liquors, is bereaved and disabled in the ufe of his reafon, and understanding, appearing by his fpeech or behaviour, and is punishable by a fine of eight fhillings, payable to the town treasury, for the ufe of the poor, and for want of goods whereon to make diftrefs, the offender may be fet in the flocks, not exceeding three hours, nor less than oue.

VII. If any man fhall wear ear woman's apparel, or any woman man's apparel, fuch offenders on conviction fhall be corporally punished or fined at the difcretion of the county court, not exceeding five pounds for the ufe of the treafury of the county, where the offence is committed.

9

CHAPTER FOURTEENTH.

OF CRIMES AGAINST THE PUBLIC HEALTH.

Το O prevent the spreading of infectious diforders, it is provided that when any perfons coming from abroad, or from any town or place in this ftate, are vifited, or lately have been visited, with the fmall pox, or other contagicus fickuefs, or that may juftly be fufpected of any fuch infection, which may probably be communicated to others, the felectmen are impowered by warrant from two affiitants or juftices of the peace, to take care and make the best provifions to preferve the inhabitants from infection, by removing and placing fuch infected perfons in a feparate house, or houfes, and to take care of them, by providing nurfes and neceflaries at the charge of the parties, their parents or mafters, if able, if not, at the expenfe of the town where they belong. The accounts to be adjusted by the authority who granted the warrant and the money to be levied by ditrefs figned by them. When it thell be necellary for the taking care of the fick, two aflitants, or ulices of the peace, may by warrant directed to the therif or contable, and with the advice and direction of the fclectmen of ibil. 133. 7 ibid 223.

o Statutes, 43.

the town where fuch fick are, to imprefs and take convenient houses, lodgings, nurfes, and neceffaries, for the accommodation of the fick. If in towns vifited by sickness, nurses cannot be procured, and there is danger of fuffering, proper perfons and neceffaries may be impressed in any other town, by warrant from the authority aforesaid.

If any perfons, feamen, or paffengers in any fhip or veffel, arriving at any harbour or port in this ftate, happen to be vifited with the fmall pox, or other contagious diforder during the voyage, or come from any place where fuch fickness prevails; or if any perfon fhall come from any town or place in this, or any neighboring state or country, where fuch infectious diforder does prevail, or has lately prevailed, or when any perfon or family may be juftly fufpected to have taken fuch infection, it fhall be in the power of the felectmen of the town, to order fuch perfons or family to confinement in fuch veffel and fuch place, or houfe, and for fuch time as they fhall think proper and if neceffary, on application to one affiftant or justice of the peace, or more if convenient, who are au thorised by warrant directed to the fheriff or conflable, and for want of fuch officers, or for any special reafon, to fome fuitable perfon to remand fuch perfons on board again, or to confine them in places affigned them on board or on fhore, and to prevent perfons from going to or from them contrary to orders given.

If in any places, the diftrefs and difficulty fhall be so great as to, require further provifion, the governor with the advice and confent of the council, may give fuch orders and directions, as they think fit, to prevent the fpreading of fuch infection, or any thing relating thereto.

If any perfon fhall tranfgrefs any rule or method, made by this act, or provided by virtue therof, by refufing to nurse or tend a fick perfon, or by reforting to fuch fick perfons, or the places where they are, or fhall without licence from the civil authority, or felectmen," come on fhore from fuch fhip or vefiel, or shall go from any other place, where they are confined, or being appointed to tend, and be with fuch fick perfons, fhall go from the places or houses to any other

A a a

other houses, or company, he fhall pay a fiue to the town treafury, where the offence is committed, at the difcretion of the county court, not exceeding eight pounds. If any perfon, imprefied to tend or nurse fuch fick perfon, fhall neglect or.refuse, the authority granting the warrant, (if fatisfactory excufe be not fhewn) may commit fuch perfon to the common goal, to remain at his own charge, till he conforms, or is releafed by order of fuch authority. When a perfon in a house or family, or in any veffel, in any harbor or road, fhall be taken fick, and it is fufpected to be the fmall-pox, or other contagious diforder, the head of the family, or master of the veffel fhall immediately hang out a fignal, confisting of white cloth, two feet fquare, or large, on a staff, ten feet high, between the house and the highway, and on board a vessel, the fignal fhall be hoifted on the fhrouds, to continue till ordered to be taken down, by a juftice of the peace, or felectmen, and on failure, fuch head of family, or master of veffel, fhall incur a penalty at the difcretion of the county court, not exceeding twelve pounds. In towns and places where fuch infectious diseases fhall break out, the owners of dogs fhall kill the same, and on neglect it is lawful for any perfon to kill them.

If any person shall bring into any town in this ftate, by land or water, from any place infected with the small-pox, or other contagious disease, any goods, wares or merchandize, and land them or expose them to fale, without liberty from two or more of the felectmen of faid town, in writing, he fhall forfeit twenty pounds, half to the informer, and half to the town treafurer, where the offence is committed. And it is the duty of the selectmen speedily to examine fuch goods, and if neceflary, to direct them to be fufficiently aired, and then give liberty to fell them, or otherwise to give a certificate with liberty to land and fell them. When any fhip or veffel, fhall come from any place where the fmall-pox or other contagious difeafe is prevalent, it fhall be the duty of the master, and if unable, of the next officer able, upon their arrival in any harbour, road, or creek in this ftate, to give information to one or more of the felectmen, where the veflel first arrives, from whence they came, and the true circumstances of the people and car

go

go on board, and if the mafter or other officer, fhall for the space of twelve hours after his arrival, neglect to give fuch information, or fhall neglect to wait for and obey fuch orders, as fhall be given according to law, or shall fuffer any people belonging to fuch fhip or veffel, to go on fhore, (except to give information,) he fhall forfeit the fum of fifty pounds to the treasurer of the town, where the offence is committed, and if any perfon on board fuch veffel, fhall go on fhore, he fhall incur a penalty of ten pounds to be paid as aforefaid.

In the cafes before mentioned, the felectmen or fuch health officers, as they may appoint, are empowered to examine perfons, coming from places fufpected to be infected with contagious diforders, on oath, respecting the fame, and alfo concerning goods, wares, and merchandize, coming from fuch places, and may adminifter proper oaths for that purpose, and may enter on board any fhip or velel to examine, and in cafe of refufal, they may proceed to confine fuch perfons in the fame manner, as if the fact was proved. If on enquiry they find, that the landing of goods would expofe the inhabitants to any infectious diforder, they may secure them on board, till aired as they fhall direct.

If any person shall unlade from any veffel, in any town in this state, any bedding or cloathing, that have been ufed by perfons infected with the finall-pox or contagious diseases, knowing the fame, he fhall forfeit one hundred dollars to the treasurer of the town.

The civil authority and felectmen, when any contagious disease is prevalent in the town, have the fame power, as when the finallpox is prevalent.

To prevent the fpreading of the finall-pox by inoculation, it is provided by statute, that no perfon in any town, fhall receive, give, or communicate the infection of the finall-pox, by way of inoculation, or in any fuch like method, or be aiding therein, without first obtaining a certificate from a major part of the civil authority and felectmen of fuch town, approving of and permitting the fame, nor fhall they give liberty without the confent of two thirds of the town, in legal meeting, excepting where it thall appear that the

perfon

:

perfon has been involuntarily expofed to and probable has taken the infection in the natural way. Whenever the civil authority and felectmen fhall grant liberty to inoculate, they are directed and required to affign the place, houfe or houfes, where it fall be carried on, and the infected perfons kept: and to appoint and approve nurfes and tenders, and give orders refpecting the time the nurfes and tenders, and the perfons infected, thall continue in the places appointed, and alfo refpecting their cleaning and coming out and fuch other orders and directions as they fhall judge most expedient for preferving the inhabitants from taking fuch infection. Every perfon who fhall voluntarily take, receive, give, or communicate the finall-pox by inoculation, or be aiding and affifting therein, fhall forfeit and pay to the treasurer of the town, fifty pounds for every offence; and every perfon who fhall tranfgrefs any of the rules or orders made or given, in purfuance of this act, fhall forfeit to the treasurer of the town where the offence is committed, a fum not exceeding twelve dollars, nor less than one, to be recovered before an affillant or juftice of the peace, without appeal, and on refufal, to pay, may be difpofed of in fervice to any inhabitant of this ftate, for the cost and forfeiture. Upon profecution for receiving, or communicating the finall-pox by inoculation, if probable proof be adduced, the perfon profecuted fhall be deemed guilty, unless he will exculpate himfelf on oath. If any perfon fhall be inoculated out of the ftate, and come into any town in this state, he fhall forfeit to the treafurer of fuch town, one hundred and fifty dollars, to be proved as atorefaid.

Befides thefe offences created by ftatute, which I have particularly investigated, there are fundry of a nature hardly important enough to be treated of in an elementary work. It will be fufficient to mention then and refer to the ftatutes for an explanation. These are flatutes to regulate the aflize of brick, for the infpection of provifion, directing the mat king of cattle, fheep and fwine, to authorise the restraint of mad dogs, to prevent encroachments on highways, to prevent the exportation of raw hides, to regulate mills and millers, weights and meafures, to prohibit the tanning of leather without licence from the county court, and the felling of leather unfealed,

CHAP.