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county court, in the same manner, and under the same by may appeal to the county regulations, as is herein provided, for persons aggrieved by the doings of select-men in laying out highways. And Power of counthe several county courts may discontinue any highway, ty court to which may have been laid out otherwise than by the select-men, as aforesaid, and which may have become un- highways. necessary for public use.

discontinue unnecessary

to lay, tax sufficient to make and repair highways.

ways.

SECT. 17. It shall be the duty of the several towns in Duty of towns the state, at their annual or other lawful meeting, to lay a tax on the assessment list, made and perfected, or to be made and perfected, on the polls and rateable estate liable to be set in the list on the first day of October, in the year preceding the year in which such tax is to be collected and expended, sufficient to make and keep in repair all necessary highways therein. And they shall have Powers of power to divide the towns into highway districts of con- towns in relavenient extent; to appoint surveyors of highways, and tion to highcollectors of taxes; to lay out the money, and repair the highways, in such manner as they may judge proper; to make all necessary regulations for that purpose; to inflict fines, not exceeding seven dollars, on persons appointed to be surveyors or collectors, who shall refuse to serve, or having accepted, shall neglect to perform their duty; to prescribe the mode of recovering such fines; to direct the time and manner, in which collectors of highway taxes shall render their accounts, and to proceed against them for any default, as in the case of negligent collectors of town taxes: Provided, that where any town has heretofore been authorized, by special act of the general assembly, to repair the highways in such town, in a manner different from the provisions in this section, such town may continue to make and repair their highways agreeably to such special act.(1)

water-courses,

SECT. 18. Whenever there may be occasion to clear Surveyors, &c. any water-course, or place or places, where the water may open may drain off from any road or highway, the surveyors &c. of highways, or other persons authorized to repair such road or highway, may clear such water-courses and places, where water may drain off from highways, into or through any person's land, so far as may be necessary, sufficiently to drain off the water as aforesaid.

(1) In the revision of 1672, the mode of repairing highways was prescribed to be, by directing the towns to appoint surveyors, who were empowered to call out men and teams, two days at least, in each year, to work on the highways. This mode was continued, with various modifications, till

1795, when liberty was granted to each town to lay taxes for this purpose. The mode of repairing highways, by taxation, was generally adopted; and being the most equitable, it is now established by law.

Towns, how

out of repair.

SECT. 19. When any town shall neglect to keep in good liable for roads and sufficient repair, any public road, within such town, which it is the duty of such town to maintain and repair, it shall be the duty of the county court, upon complaint made, to order necessary repairs, and grant a warrant against the select-men of such town, to collect the sums expended in such repairs; and it shall be the duty of the state's attornies, and the sheriffs of the respective counties, to make complaint of any neglect as aforesaid, which may come to their knowledge.

State's attor

ney and sheriff to complain.

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TITLE 49. Idiots.

An Act providing for the care and government of Idiots, Lunatics, and Spendthrifts.

SECT. 1.

E it enacted by the Senate and House of Representatives, in General Assembly convened, That whenever any idiot, lunatic, or distracted person, has any estate, the county court, in the county where such person resides, shall, on the application of the select-men, of the town where he or she belongs, or any relation, make due enquiry, and if they find such person to be incapable of taking care of him or her self, they shall appoint some proper person to be the conservator of such idiot, lunatic, or distracted person, who shall give bond, with sufficient surety, to the treasurer of the county, for a faithful discharge of his trust, and shall have the care and charge of his or her and of his or her person, estate, both real and personal; and such conservator shall, forthwith, make a true and perfect inventory of said estate, and return the same into the office of the clerk of such county court, where it shall be kept on file; and shall render his account to said court of the management of such trust, when thereto required, and shall be allowed a reasonable compensation for his services. And said court shall have power to remove such conservator, for neglect of duty and mismanagement in such trust, and to appoint another in his place.

SECT. 2. It shall be the duty of the conservator to take care of and manage the estate of such idiot, lunatic, or distracted person, in a husbandlike manner, without committing waste, and to apply the annual income and profits thereof to support him or her, and his or her family. He shall have power to collect all debts due to such person, and to institute suits for that purpose; and to adjust and settle all accounts and debts due from him or her. He may sell or dispose of the personal estate of suck

person to pay his or her debts, and support him or her, and his or her family; and in case the annual income of his or her estate shall be insufficient to support him or her, and his or her family, and to pay his or her debts, then on application of the conservator, to the county court, they may liquidate the debts due from him or her, and the expenses of his or her support; and if they/ find the personal estate to be insufficient to discharge the same, or if, in their opinion, it will be for the interest of such person that part of such personal estate should be retained for his or her use, such county court shall have power to order a sale of so much of the real estate as Sale of real esshall be necessary to pay the same, with incident charg- tate. es of sale; and if such person should be restored to his or her reason, then what remains of his or her estate, shall be returned to him or her, or in case of his or her death, to his or her heirs, executors, or administrators, after a reasonable allowance to the conservator for his services, to be ascertained by such county court.

Confinement of

SECT. 3. If any lunatic or distracted person shall go at large, who is dangerous and unfit to be without restraint, lunatic, or disand may injure others, in their persons or estate, it shall tracted person. be the duty of the civil authority and select-men of the town where such lunatic or distracted person belongs or resides, to order and direct that he be confined in some suitable place; and in case the person or persons, under whose care such lunatic or distracted person shall be, or who are bound to provide for, and support him or her, shall refuse or neglect to confine him or her, in such place and manner as by said civil authority and selectmen shall be directed, then the said civil authority and select-men shall take proper and effectual means to prevent him or her from going at large, and for his or her confinement and support in some suitable place.

if

SECT. 4. Whenever any person, tried for murder or manslaughter, shall be acquitted, on the sole ground of insanity, the court, before whom the trial is had, may, they deem it proper, commit such person to the gaol in the county where such trial is had, there to be closely confined during such insanity, unless some person or persons shall undertake and give bond to the treasurer of the state, before such court, to their satisfaction, to confine such insane person, in such manner as said court shall order and direct.

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Enlargement

SECT. 5. And any person, confined as aforesaid, or his or her relations, shall have right to apply, by petition, to and disposal of the county court, in the county where such person is such persons. confined, for his or her enlargement; which petition shall be served on the select-men of the town where such person belongs, in the manner prescribed by law;

276

Expense by whom to be paid.

Duty of selectmen to inspect

management, &c. of their inhabitants.

Duty of overseer, in first stage.

appointment.

and said court shall order and decree with respect to
the future disposal of the person so confined, as to them
shall appear proper and reasonable.
es incurred under the three preceding sections, shall
And all expens-
be paid out of the estate of such lunatic or distracted
person, if any he or she has; if not, by his or her re-
lations, if he or she has any, of sufficient ability, liable,
by law, to support him or her; if none, then by the town
to which he or she belongs.

SECT. 6. The select-men shall, from time to time, carefully inspect the management and conduct of all persons residing in their respective towns; and if they find any person, by idleness, gaming, intemperance, debauchery, mismanagement, or bad husbandry, likely to spend and waste his or her estate, to be reduced to want, and to become chargeable to the town, they, or a majority of them, shall appoint some proper person to be his or her overseer; to advise, direct and order him or her, in the management of his or her business; which appointment shall be under the hands of the select-men, specifying the cause, and the time for which the appointment is made, not exceeding three years, and shall be set up on the sign-post in said town, and a copy thereof shall be lodged with the town-clerk of the town; and such select-men shall have power to remove such overseer, for neglect of duty, or mismanagement in his trust, and to appoint another in his place and no person, under the appointment of an overseer, shall be capable of making a contract without his consent.

SECT. 7. It shall be the duty of the overseer to superintend the management of the estate and concerns of such person, and to restrain him or her from improvident contracts, and from wasting his or her estate, and to assent to all contracts and dispositions of his or her property, necessary for a proper management of his or her concerns, and the support of such person, or his or her family. And if such person shall reform, the select-men Revocation of may revoke the appointment of the overseer; but if such measures do not produce a reformation, and he or she refuses to submit to the authority of the overseer, then the select-men may apply to two or more justices of the peace in the same town, who may issue a warrant, and cause such person to be brought before them, or may notify him or her to appear at some proper or if he or she absconds, a notice left at his or her usual time and place, place of abode shall be sufficient: And such justices of the peace shall make due enquiry, and if they find, that such person, by his or her misconduct, as aforesaid, is wasting his or her estate, and is likely to be reduced to

Proceedings preparatory to second stage.

want, and that he or she refuses to submit to the authority of his or her overseer, then they may direct and authorize the overseer, or any other person they may think proper to appoint, to take his or her family and estate under his care.

seer, in second stage.

SECT. 8. It shall be the duty of such overseer to make Duty of overout a true and perfect inventory of all the estate of such person, both real and personal, and deposit a copy thereof in the office of the town-clerk. And such overseer shall have power to use and manage the estate, in such manner as he judges will be for the best interest of such person; to collect and pay his or her debts; and to institute suits for that purpose; to apply the income and avails of his or her estate to support him or her, and his or her family; and when necessary, to sell and dispose of his or her personal estate. And if the rents and avails of his or her estate shall be insufficient, to pay his or her debts, and support his or her family, then the overseer may apply to the county court, who, in such Sale of real es case, may order a sale of his or her real estate for that tate. purpose. And all overseers appointed by two justices of the peace, shall render an account, annually, to the selectmen of the town, and oftener, if required, of the manage

ment of such estate, and the disposition thereof; and may Removal of be removed by the select-men, with the advice and con- overseer. sent of two justices of the peace in the town, for misconduct in their office, and others may, in like manner, be appointed in their place; and in case of the death or resignation of an overseer, the select-men, with the advice and consent of two justices of the peace in the town, may appoint another in his place. And whenever a vacancy shall occur in the office of an overseer, by death or otherwise, the disability of the person over whom such overseer may have been appointed to convey his or her estate, or to make contracts, shall continue for the term Disability to of nine days thereafter, that the select-men of such town continue nine may have an opportunity to supply such vacancy, by an- days after vaother appointment.

cancy.

mation.

SECT. 9. Whenever such person shall reform, said Proceedings to justices of the peace shall have power to stop all proceed- be stopped, in dings against him or her; to revoke the appointment of case of reforthe overseer; and to order his or her estate to be returned to him or her. And if any person shall be aggrieved, he or she may appeal from the doings of the se- Appeal. lect-men, or the justices of the peace, to the county court in the county where the parties live, who may grant the proper relief.

Husband's es

SECT. 10. When it shall so happen, that any man shall die without issue, leaving a widow, and estate real or per- tate liable for

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