use of the poor of the town or district, to be levied with costs, by distress and sale of the offender's goods and chattels, otherwise to be committed to prison until the same shall be paid. If a constable or officer neglect his duty, he forfeits ten dollars as aforesaid.

Sec. 6. When the said Justices of the Peace and selectmen shall think fit to walk by night, to inspect the order of the town, such of said constables and watchmen shall attend them as shall be required to do the same, and obey their lawful commands.

Sec. 7. The fee to the gaoler for each person taken up in the night and committed only till the next day, twenty five cents.

36. Wolves.

1782 C. 39, Sec. 1. Whoever shall kill within this Commonwealth any grown wolf or wolf's whelp (other than such as shall be taken out of the belly of any bitch wolf) and bring the head to the constable of the town where it was killed or the next town adjacent unto the place of killing, without the bounds of any township, the constable in the presence of one or more of the selectmen, shall cut off and burn both of the ears of the same, and such selectmen and constable shall give the party a receipt [see Form 71.] for the head, expressing whether it be a grown wolf or whelp; and on producing the receipt the party shall be paid out of the town treasury four pounds for a grown wolf's head, and one pound for a wolf's whelp; and all such sums so paid, shall be paid and allowed to such town, by the Treasurer and Receiver General of this Commonwealth.

Sec. 2. All certificates of such payments to be returned to the Treasurer and Receiver General, shall be in the form following. [See Form.]

37. Contagious Sickness.

*1797 C. 16, Sce. 1. When any person coming from

*Powers conferred on selectmen, by this act, transferred to the board of health in Boston, 1799 C. 10: 1816 C. 44: in Salem,

abroad, or belonging to any town or place within this state, shall be visited, or shall lately before have been visited with the plague, small pox, pestilential or other malignant fever, or other contagious sickness, the infection whereof may probably be communicated to others; the selectmen of the town, where such person or persons may arrive or be, are hereby empowered to take care and make effectual provision in the best way they can, for the preservation of the inhabitants, by removing such sick or infected person and placing him or them in a separate house or houses, and by providing nurses, attendance and other assistance and necessaries for them; which nurses, attendance, and other assistance and necessaries shall be at the charge of the party themselves, their parents or masters (if able) or otherwise at the charge of the town or place whereto they belong; and in case such persons are not inhabitants of any town or place within the state, then at the charge of the Commonwealth.

Sec. 2. Any person or persons coming from any place out of this state, where the small pox or other malignant distemper is prevailing, into any town within this state, shall, when thereto required by the selectmen of such town, within the space of two hours from the time they shall be first informed of their duty by law in this particular, give notice to one or more of the selectmen or the clerk of such town, of their coming there, and of the place from whence they came, upon pain of forfeiting, in case of neglect, one hundred dollars. And such person or persons, if not disabled by sickness, shall, within the space of two hours after warning given to him or them by the selectmen of such town for that purpose, depart from this state in such manner, and by such road, as the said selectmen shall direct; and in case of refusal, it shall be lawful for any Justice of the Peace in the county where such town may lie, by warrant directed to a con1799 C. 14: in Marblehead, 1801 C. 43: in Plymouth, 1809 C. 63: in Charlestown, 1818 C. 12.

stable or other proper officer, or other person whom the Justice shall judge proper, to cause such person or persons to be removed into the state from whence he or they may have come. And any person removed by warrant as aforesaid, who, during the prevalence of such distemper, shall presume to return into any town of this state, without liberty first obtained from some Justice, shall forfeit and pay four hundred dollars; and any inhabitant of this state, who shall entertain in his house any person warned to depart as aforesaid, for the space of two hours after notice given him of such warning, by one or more of the selectmen aforesaid, shall forfeit and pay two hundred dollars.

Sec. 3. It shall and may be lawful for the selectmen of any town near to, or bordering upon either of the neighbouring states, to appoint by writing, under their hands, some meet person or persons to attend at ferries or other places by or over which passengers may pass from such infected places; which person or persons, so appointed, shall have power to examine such passengers as they may suspect to bring infection with them, and if need be, to hinder and restrain them from travelling, until licensed thereto by a Justice of the Peace within such county, or by the selectmen of the town in which such person or persons may come; and any passenger, who, coming from such infected place, shall (without license as aforesaid) presume to travel within this state, unless it be to return by the most direct way to the state from whence he came, after he shall be cautioned to depart by the person or persons appointed as aforesaid, shall forfeit and pay one hundred dollars; the several forfeitures aforesaid to be recovered by action of debt in any court of record proper to try the same, half to the use of the town where the offence was committed, and half to the pro

secutor.

Sec. 4. If need be, any two Justices of the Peace may make out a warrant directed to the sheriff of the county or his deputy, or constables of the town or

place where any such sick person or persons may be, requiring them, or any of them, in the name of the Commonwealth, with the advice and direction of the selectmen of the same, to remove such infected person or persons, or to impress and take up convenient houses, lodging, nurses, attendance and other necessaries, for the accommodation, safety and relief of the sick. And they are authorised and required to execute

such warrant accordingly.

Sec. 5. Whenever there shall be brought into any town within this state, either from any other town therein, or from parts without the state, any baggage, clothing, or goods of any kind whatsoever, and it shall be made to appear by the selectmen of the town to which such baggage, clothing or other goods shall be brought, or by the major part of such selectmen, to the satisfaction of any Justice of the Peace, that there is just cause to suspect baggage, clothing or other goods to be infected with the plague, small pox, pestilential fever, or other malignant contagious distemper, it shall be lawful for such Justice of the Peace, and he is hereby required in such case, by warrant under his hand and seal, directed to the sheriff or his deputy, or any constable of the town in which such baggage, clothing or other goods shall be, requiring him to impress so many men as said Justice shall judge necessary to secure such baggage, clothing or other goods, and said men to post as a guard and watch over the house or other place or places where such baggage, clothing or other goods shall be lodged; which guard and watch are hereby required to take effectual care to prevent such baggage, clothing or other goods being removed or intermeddled with, by any person whatsoever, until due inquiry be made into the circumstances thereof, requiring likewise, the said sheriff, deputy or constable, if it shall appear necessary, with the advice and direction of the said selectmen, to impress and take up convenient houses or stores, for the receiving, lodging and safe keeping of such baggage, clothing or other goods,

until the same shall be sufficiently cleansed from infection And in case it shall appear highly probable to the said Justice that such baggage, clothing or other goods, are infected as aforesaid, he is hereby empowered and directed to issue his warrant as aforesaid, requiring said sheriff, deputy or constable, or other person therein specially named, to remove said baggage, clothing or other goods, to some convenient place where there shall be the least danger of the infection spreading; there to remain until the same shall be sufficiently aired and freed from infection, in the opinion of said selectmen : And the said sheriff, deputy or constable, in the execution of said warrants, are empowered and directed, if need be, to break up any house, warehouse, shop, or other place particularly mentioned in said warrant, where such baggage, clothing or other goods shall be; and in case of opposition, to require such aid as shall be necessary to effect the execution of said warrants, and repel such opposition; and all persons are hereby required at the commandment of either of said officers, having either of the warrants aforesaid, under penalty of ten dollars, to be recovered before any Justice of the Peace in the county where such opposition may happen, to assist such officer in the execution of the same warrant against any opposition as aforesaid; and the charges of securing such baggage, clothing or other goods, and of airing and transporting the same, shall be borne and paid by the owners thereof, at such rates and prices as shall be set and appointed by the selectmen of the town where such baggage, clothing or other goods shall be, to be recovered by action of debt, by any person or persons who may have been employed in the business aforesaid, in any court of record proper to try the same.

Sec. 6. Inquiry shall be made by the officer or other person on duty at the castle in the harbour of Boston, of every vessel coming from sea and passing by the said castle, whether any infectious sickness be on board, or has been on board since such vessel left the