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make report to them, respectively, of the true state of such vessel, and the people on board, at the charge of the master or owners of such vessel.
Sec. 4. And be it further enacted, That the town-council And perof the town where such vessel shall arrive, be and are sons to hereby empowered and directed, forthwith to put on of the vesboard such vessel some suitable person or persons to secure said vessel, and effectually prevent any communication therewith, at the expence of the owners or master thereof.
Sec. 5. And be it further enacted, That the town-council Infected of such town be, and they are hereby empowered and di- persons to rected, to confine on board said vessel, or send to some the hospihospital, or other suitable place, all persons, mariners or tal, dc. passengers, or others who came in said vessel, for a convenient time, until such of them as have, or are liable to have, the small-pox or other infectious or contagious distemper, are perfectly recovered and cleansed from said distemper, or have passed a suitable quarantine ; and also all other persons who have gone on board such vessel without license as aforesaid, at the charge and expence of such persons respectively; and also all other persons that came in said vessel, until they have been sufficiently aired and cleansed.
Sec. 6. And be it further enacted, That the town-council Goods on of the town where such vessel arrives, be and they are beatleanshereby empowered and directed, to appoint two suitable ed. persons to take effectual care that all goods, wares and merchandizes, imported in such vessel, which they think liable to hold and communicate the infection or contagion, be landed in some suitable place, to be appointed by the town-council, and cleansed in the manner by them directed, before they are permitted to be brought into any house, shop or warehouse, other than where they are cleansed as aforesaid ; and when such goods are sufficiently aired and cleansed, said persons shall give the owners or possessors thereof a certificate, and the towncouncil shall allow and order said goods, wares and merchandizes, to be delivered to the owner or owners thereof; and the charge and expence of landing, airing and cleans- pence of ing such goods, wares and merchandizes, shall be borne the owner. by the respective owner or owners; and such charge shall be a lien on such goods, wares and merchandizes, therefor; and all goods that are judged by the town-council not to be infected, shall be delivered to the owner or
At the exAlso,
owners, without delay and expence of airing, and as soon as may be consistent with the safety of the town in regard
to other parts of the cargo: and all goods, wares and mer- . goods im- chandize, imported into any town in this State by land, ported by from any place infected with the small-pox or other con
tagious or infectious distemper, shall be aired and cleansed, at the discretion of the town-council of such town, and at the expence of the owner or owners thereof, as aforesaid.
Sec. 7. And be it further enacted, That all goods importclandes- ed in such vessel as aforesaid, that shall be clandestinely landed to landed, or brought into any house, shop or warehouse, be forfeit- without a certificate and allowance as aforesaid, or that
shall be imported by land as aforesaid, and not cleansed or aired by order of the town-council as aforesaid, shall be forfeited, one third to and for the use of the State, and the other two thirds to him or them who shall inform and sue for the same, in the court of common pleas, in the county where such offence shall be committed : and all justices and wardens are hereby empowered and required, upon information given them, to seize and secure all such goods, wares and merchandizes, in their respective
jurisdictions, until legal trial. Town- Sec. 8. And be it further enacted, That the town-councils council to of the respective towns be and the same are hereby emcounts, se. powered and directed, to fix, settle and adjust, all wages
and charges demanded by persons employed by them to
secure such vessel, or to air and cleanse such goods, or to How re- attend upon and nurse such persons as aforesaid : and that covered. if any owner, freighter, mariner or passenger, as aforesaid,
shall refuse to pay such wages and charges, so settled, adjusted and fixed, by the town-council, that then the town-treasurer of such town is hereby empowered and required to sue for and recover such wages and charges, if above twenty dollars, in the court of common pleas, in the county where such charges shall be adjusted and settled; and if twenty dollars or under, then before any one justice or warden, as in the case of other actions; and the judges of such court, where such action is brought, are hereby
empowered to tax double costs for the plaintiff. Mariner's Sec. 9. And be it further enacted, That for the better sewages may curing of the payment of what charges may arise on the ped. nursing or attending upon any sailor or mariner belonging
to such vessel as aforesaid, the master thereof is hereby required to stop payment of the wages due to such mar
iner, until certified from the town-council that such charges are fully satisfied and paid, on penalty of paying the same, so far as the amount of the wages so paid by him; and no court in this State shall make up judgment for any such wages until satisfaction be made as aforesaid.
Sec. 1o. And be it further enacted, That when the small-pox Penalty or any other infectious or contagious distemper shall be for carryprevalent in any place or town, all persons who shall an infected come from such infected town or place, into this State, by place by land, before the expiration of ten days after they shall have left such infected town or place, shall forfeit and pay a sum not exceeding one hundred dollars, nor less than ten dollars, to and for the use of the State, to be recovered in the name of the general-treasurer: and the town-council Persons to in any town in this State, are hereby empowered to ap
ries. point proper persons at all ferries or places, that to them may seem necessary, to examine, on oath or affirmation, all persons suspected to transgress this law, and on reasonable cause of suspicion, to bring such offenders before some justice of the peace or warden, that they may be dealt with according to law.
Sec. 11. And be it further enacted, That all persons who Tavernkeep public houses, or boarders in their houses, shall im-keepers to mediately acquaint the town-council of the town wherein El infected they dwell, when any person boarding or lodging in their lodgers. house is taken sick of the small-pox, or any other contagious or infectious distemper, or suspected to be so, on the penalty of forfeiting twenty dollars to and for the user of the town; to be recovered by the town-treasurer before any two justices of the peace or wardens of said town; and the town-council so notified are hereby empowered and directed to make proper examination, by some physician or other skilful person, and if it be the small-pox or other contagious or infectious distemper wherewith such sick person is visited, then immediately to set a proper guard, to prevent the spreading of the contagion or infection, and to remove said person, being who may an inmate or boarder in any house in any town in this be removState, to any such place in said town as they shall
think ed. the most proper, to prevent the spreading of the infection or contagion, or to continue the said guard as aforesaid, according as to them shall seem necessary; and likewise to confine all such persons as may be by them suspected to have taken the distemper, in some proper place, until
they are recovered and cleansed from the said distem
per, or have performed a suitable quarantine. Expences Sec. 12. And be it further enacted, That when the smallof guard
pox or other contagious or infectious distemper shall ing, &c. by whom break out in any house, and the infected person or perpaid.
sons be confined to such house, the town where the house may be shall be at the expence of guarding the same, and the owner at the charge of cleansing the same, to be settled by the town-council
, which charge of cleansing (upon refusal to pay the same) shall be recovered by the town-treasurer.
Sec. 13. And be it further enacted, That in case the
small-pox or other contagious or infectious distemper may remove in- shall break out in any house or family in any town withfected per- in this State, the town-council thereof be and they are sons, &c.
hereby fully empowered to remove any inhabitants of said town, visited with the small-pox or other contagious or infectious distemper, to the hospital in said town, or other convenient place in order to prevent the spreading of the infection, or otherwise, at their discretion, to place a guard round the dwelling-house of the infected person,
as to them shall seem necessary. House in- Sec. 14. And be it further enacted, That so long as the
town-council of any town shall endeavor to prevent the spreading of the small-pox, no person whatsoever, under any pretence whatsoever, shall presume to visit any per
son suspected to have the small pox, or to go into the Without house where suspected persons are confined, without a
licence first had from the town-council of the town, on the
penalty of forfeiting for every such offence, twenty dollars, Penalty. one half to and for the use of the town where such of
fence is committed, and the other half to him or them who shall inform and sue for the same, to be recovered before any court of competent jurisdiction; and such pers son or persons, on information of their offence, shall be liable to be confined until they are suitably aired and cleansed, or have performed a suitable quarantine, at the discretion of the town-council to whom complaint of
the same shall be made. Penalty Sec. 15. And be it further enacted, That any person or 1y spread persons who shall be legally convicted of wilfully and ing dis- purposely spreading the small-pox, or other contagious
or infectious distemper, within this State, shall be imprisoned and subjected to hard labor for one year; and if any person shall die in consequence of the spreading of
fected not to be entered,
persons may be
the small-pox or other contagious and infectious distemper as aforesaid, the person or persons who shall be legally convicted of wilfully and purposely spreading the same as aforesaid, shall be fined a sum not exceeding five thousand dollars, and be imprisoned not exceeding five years.
Sec. 16. And be it further enacted, That it shall and may Suspected be lawful for any two or more justices of the peace or wardens, in any town in this State, having reason to suspect committhat any person or persons have endeavored wickedly and wilfully to spread the small-pox, or other contagious or infectious distemper, in any town in this State, to commit such person or persons to jail, there to remain until he, she or they give good and sufficient security to appear at the next supreme judicial court, in the county where the offence shall be committed, and to be of good behavior in the mean time; provided nothing in this act shall be construed or understood, to extend to such practitioners in physic as shall be allowed by the town-council to inoculate for the small-pox, after the said town-council have thought fit to desist from their endeavors to prevent the further spreading of the same.
Sec. 17. And be it further enacted, That if any physician, Penalty surgeon, or any other person or persons lawfully required i cine, Sc. by any town-council in this State to do any duty relating refusing
his duty. to the preventing of the spreading of the small-pox, or ex. ecuting any part of this act, shall
refuse or neglect to perform the same, (the performance whereof being in his or their power,) such physician, surgeon, and all and every other person or persons whatsoever, who shall so refuse or neglect, shall, for every offence, forfeit the sum of forty dollars, to be recovered in the same manner as other fines and forfeitures are herein directed to be recovered.
.Sec. 18. And be it further enacted, That the town-coun- Town. cils of the several towns within this State be and they
may perare hereby fully authorized and empowered, to grant per- mit inocumission for inoculation for the small-pox in their respective towns, under such conditions and regulations as they shall direct.
Sec. 19. And be it further enacted, That the town-councils And make of the respective towns be and they are hereby fully au- tions for thorized to make and prescribe sach orders and regula- the public tions as they may deem prudent and adviseable, for the
health. preservation of the health of the inhabitants, by the prevention and removal of nuisances, injurious thereto, or any