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under the provisions of this chapter, and shall pay treble the value of such property to said overseers.

SEC. 14. If any person shall rescue or attempt to rescue any prisoner in the custody of any police officer, or shall wilfully and knowingly resist any police officer in the execution of his office, he shall be deemed guilty of a violation of this chapter.

SEC. 15. If any person shall ride through any street or lane in the compact part of any town on a gallop, or at any swifter pace than at the rate of five miles an hour, he shall be deemed guilty of a violation of this chapter.

SEC. 16. If any person having charge of any cart, dray, sled or other carriage drawn by horses or oxen, shall suffer the same to pass through any street in the compact part of any town without keeping with and carefully attending the same, and keeping such horses or oxen under his command, he shall be deemed guilty of a violation of this chapter.

SEC. 17. Any person convicted of any offence in this chapter mentioned, shall be punished by fine not exceeding ten dollars nor less than one dollar, and shall pay costs of prosecution and stand committed until the same be paid, or by imprisonment for a term not less than five days nor more than thirty days in the common jail, or in the bridewell of such town, or by confinement to hard labor the like term in the house of correction, at the discretion of the justice of the court before whom such conviction shall be had.

SEC. 18. No trial shall be had for any offence in this chapter mentioned, but upon complaint on oath. If the name of the offender is not known, it shall be sufficient to insert in such complaint and in the other proceedings any description by which he may be known.

SEC. 19. If the person charged with any offence shall not be in custody, the justice to whom the complaint shall be made, shall issue a warrant in due form of law for his arrest, or a summons requiring him to appear at a certain time and place, which shall be served by delivering to him an attested copy of such summons. SEC. 20. If any person so summoned shall not appear as required by such summons, the justice may hear the evidence, and acquit or convict such person in the same manner as if he were present.

SEC. 21. Any person convicted of any offence mentioned in this chapter, may appeal to the court of common pleas for the county within two hours after, upon giving bond with sufficient sureties to the town to prosecute said appeal with effect and to pay costs, if he shall not be discharged at said court.

SEC. 22. If any person so convicted shall be a minor under the age of fourteen years, his parent, guardian or master shall be liable to pay the fine and costs imposed, provided he shall have received due notice of the time and place of trial of such minor for said

offence; and an action of debt may be maintained by the police officers in the name of the town therefor.

SEC. 23. All fines and costs adjudged under this chapter, shall be paid to the justice who imposed the same, and such fines shall be paid by him to the town and the costs to the several persons entitled thereto.

SEC. 24. The powers and duties of police officers as prescribed in sections four, five and six of chapter one hundred and fourteen of the revised statutes (six, seven and eight of chapter 120 of this compilation) shall extend to and apply to all violations of the provisions of chapter one hundred and thirteen of the revised statutes, (this chapter.) (Laws of 1843, chap. 34, sec. 7.)

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SECTION 1. Whenever in the opinion of the selectmen of any town circumstances render it necessary, they may appoint a board of special police officers, one of whom shall be the superintendent thereof. Such special police officers shall have all the powers of police officers and constables in whatever relates to criminal proceedings, and shall continue in office during the pleasure of the selectmen. (Laws of 1852, chap. 1226, sec. 1.)

SEC. 2. The superintendent, under the direction of the selectmen, shall employ such special police officers in such mode as may be deemed expedient for the detection and conviction of criminals and the prevention of crime within their town; and they shall receive a reasonable compensation for their services from the town, deducting therefrom whatever may be a proper charge against the county, and which may be paid thereby. (Laws of 1852, chap. 1226, sec. 2.)

SEC. 3. Police officers, not exceeding seven in number, shall

be appointed by the selectmen of each town in which this chapter may be in force, by writing under their hands, and shall be qualified by taking the oath of office, and causing the said appointment and the certificate of such oath written thereon to be recorded by the town clerk; and may be removed at the pleasure of the selectmen.

SEC. 4. It shall be the duty of said selectmen to make the said appointments in the month of March; but if any vacancy shall occur from any cause, or if such appointment shall not have been made in March, the selectmen may appoint at any time afterwards.

SEC. 5. Police officers shall hold their office until the last day of the next March, and shall be by virtue of said appointment constables and conservators of the peace, and shall receive such compensation as shall be voted by the town, and the same fees as constables.

SEC. 6. Any police officer upon view of any offence committed against the provisions of this chapter, may arrest the offender and forthwith carry him before a justice of the peace to answer a complaint therefor, and the oath of such police officer shall be sufficient evidence of such offence, unless invalidated by other evidence.

SEC. 7. If any police officer shall arrest any such offender between sunset and sunrise, or shall arrest any person for being found drunk contrary to the provisions of this chapter, he may commit such person to the common jail, or the bridewell or house of correction, or otherwise retain him in safe custody not exceeding twenty-four hours, within which time he shall be discharged or taken before a justice of the peace to answer for the offence.

The keeper of such jail, bridewell or house of correc tion shall, upon the verbal request of any police officer, receive and detain in custody every person so arrested and presented by him, not exceeding twenty-four hours, unless sooner called for by the same or some other police officer.

SEC. 9. The police officers of any town may make such regu lations as they may deem expedient for the stands of hacks, drays and carts in any street, lane or aliey; and for the height and position of any awning, shade or fixture in front of or near any building; and respecting any obstruction in any street, lane or alley, the smoking of any pipe or cigar therein, or in any stable or other outbuilding; and every violation of such regulations may be proceeded against and punished in the same manner as other offences mentioned in the preceding chapter.

SEC. 10. No regulation made by such police officers shall take effect until the same shall be approved by the selectmen of the town, and recorded with such approbation by the town clerk, and published a reasonable time in one or more newspapers printed in the town, or in case there be no newspaper printed in such town,

by posting up a certified copy thereof at two or more public places therein.

SEC. 11. The selectmen may remit fines imposed for violations of this chapter, and costs, and discharge the offenders from imprisonment, and the town shall be liable for the prison charges in case of the offender's inability.

SEC. 12. This chapter shall be in force in all towns which have at any legal meeting adopted its provisions, and in all towns in which any of the provisions of an act entitled "An act to establish a system of police in the town of Portsmouth, and for other purposes, passed June twenty-third, eighteen hundred and twenty-three," are in force.

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SECTION 1. The selectmen of any town being authorized by vote of the town, may appoint watchmen for performing a walking night watch, and fix their stations and limits, prescribe their duties, and contract for and pay them a reasonable compensation for their services.

SEC. 2. They shall be appointed and qualified in the same manner, and shall have while on duty the same powers, as police officers.

SEC. 3. Every watchman may arrest any person whom he shall find committing any kind of disorder or disturbance, or any crime or any offence against the police of towns, or such as are strolling about the streets at unreasonable hours, who refuse to give an account or may reasonably be suspected of giving a false account of their business or design, or who can give no account of the occasion of their being abroad.

SEC. 4. Every person so arrested may be committed, detained and proceeded against in the manner provided by the chapter relating to the police of towns, in the case of offences prohibited thereby.

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SECTION 1. The court of common pleas for any county, or the inhabitants of any town at any legal meeting, may provide such lands, buildings and articles of any kind as may be necessary for a house of correction for such town or county, and may appoint suitable officers for the management thereof, and make all necessary by-laws and regulations for the government of the inmates, and cause the same to be enforced; but in no case shall the punishment inflicted exceed hard labor and such reasonable correction as a parent may inflict upon a refractory child, or solitary imprisonment not exceeding forty-eight hours at one time.

SEC. 2. All rogues, vagabonds, lewd, idle or disorderly persons; any person going about begging; any person using any subtle craft, juggling, or unlawful game or play; any person pretending to have knowledge in physiognomy or palmistry; any person pretending for money to tell destinies or fortunes, or discover by any spell or secret act where lost or stolen goods may be found; any common piper, fiddler, runaway, stubborn servant or child, common drunkard, night walker, pilferer, or person wanton and lascivious in speech or behavior; any common railer or brawler; and any person who neglects his employment, misspends his earnings and does not provide properly for the support of himself and family; may be sent to the house of correction in the town or county in which such offence is committed, and for want of such house of correction, the common jail of the county may be used for that purpose.

SEC. 3. In any such case, complaint in writing, under oath, shall be made to some justice of the peace, who may thereupon issue a warrant under his hand and seal, and cause the offender to be brought before him, and if upon examination the complaint shall be sustained, said justice may sentence the offender to confinement and hard labor in the house of correction in such town or county for a term not exceeding six months.

SEC. 4. Any person convicted and sentenced as aforesaid, may appeal to the next court of common pleas for the county by recognizing with sufficient surety or sureties before the justice in such

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