II. DUTIES OF SELECTMEN AS TO spendthrifts and INSANE PERSONS.

1. Construction of the words, | an of a spendthrift.

"insane thrift."

person," and 66 spend. 7. Guardian of an insane person. how appointed.

2. Guardian of spendthrift, how appointed.

3. Object of the appointment of guardian.

4. Fourteen days notice to be given to spenthrift.

5. Contracts of the spendthrift pending the proceedings taken void. 6. Power and duty of the guardi- [

8. Power and duty of such guar

dian.

9. Expenses of the insane person or spendthrift in opposing.

10. Assessors to act instead of selectmen in certain cases

11. Commitment of lunatic paupers to hospital.

1. The words "insane person," are intended to include every idiot, non compos, lunatic and distracted person, and the word " spendthrift," is intended to include every one who is liable to be put under guardianship on account of excessive drinking, gaming, idleness, or debauchery; and these words shall be so construed in all the provisions relating to guardians and wards. R. S. ch. 79, § 34.

2. When any person by excessive drinking, gaming, idleness or debauchery of any kind, shall so spend, waste or lessen his estate, as to expose himself or his family to want or suffering, or to expose the town to charge or expense, for the support of himself or his family, the selectmen of the town of which such person is an inhabitant, or in which he may reside, or upon which he is or may become chargeable, may present a complaint to the judge of probate, setting forth the facts and circumstances of the case, and praying to have a guardian appointed for him. 1b. § 11. Stat. of 1846, ch. 240.

3. Where the selectmen, having filed a complaint for the appointment of a guardian, relinquished the proceedings in consideration of a bond and mortgage given them by the spendthrift with condition to indemnify the town from expense on account of himself and his family, it was held that the bond and mortgage were void; for the object of the appointment of guardian to a spendthrift, is to restrain

him from a course of vicious excesses by taking from him the means of indulging in them, and thus to save both himself and family, from distress and ruin, as well as to save the town from the expense of their support. 12 Pick.

152.

4. The judge of probate shall cause notice to be given to such supposed spendthrift, of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the judge that the person complained of comes within the description contained in the second section, he shall appoint a guardian of his person and estate, with the powers and duties hereinafter specified. R. S. ch. 79, § 12.

5. After the order of notice has been issued, the complainants may cause a copy of the complaint, with the order of notice, to be filed in the registry of deeds for the county; and if a guardian shall be appointed upon such application, all contracts excepting for necessaries, and all gifts, sales, or transfers of real or personal estate, made by such spendthrift, after such filing of the complaint in the registry of deeds, and before the termination of the guardianship, shall be null and void. Ib. § 13.

6. A guardian to a spendthrift, is to have the management of all his ward's estate, and the care and custody of his person. Ib. § 13.

7. When the relations or friends of any insane person, or the selectmen of the town, of which such person is an inhabitant, or in which he resides, shall apply to the judge of probate to have a guardian appointed for him, the judge shall cause notice to be given to the supposed insane person of the time and place appointed for hearing the case, not less than fourteen days before the time so appointed; and if, after a full hearing, it shall appear to the judge that the person in question is incapable of taking care of

himself, the judge shall appoint a guardian of his person and estate. Ib. § 9.

8. The powers of the guardian of an insane person are the same as those of the guardian of a spendthrift. Ib. $10.

9. When a guardian shall be appointed for an insane person, or a spendthrift, the judge shall make an allowance, to be paid by the guardian, for all reasonable expenses incurred by the ward in defending himself against the complaint. Ib. 14.

10. When any insane person, or any person liable to be put under guardianship, as a spendthrift, shall reside on lands not included within any incorporated town or city, all the acts authorized or required to be done, respecting the guardianship of such person, by the selectmen, shall and may be done by the assessors of the district or tract of land, on which such person resides, if there be any such assessors, and if not, by the selectmen of the oldest adjoining town in the same county. 16. § 15.

11. When an application is made for the commitment of a lunatic to the state hospital under the provisions of chapter forty-eighth of the revised statutes, notice in writing of the intention to make such application must be given to one or more of the selectmen of the town where such lunatic resides. R. S. ch. 48, § 7.

III. DUTIES OF SELECTMEN UNDER THE LAWS LICENSING INNHOLDERS AND RETAILERS.

1. The selectmen, &c., shall forbid innholders, &c., selling to spendthrifts.

2. Such prohibitions, to be renewed, if no reform effected-Penalty | for transgressing such prohibition. 3. Same subject.

4. Innholders' and retailers' licenses may be granted by commissioners.

5. License may be granted to an innholder to keep an inn without authority to sell intoxicating li

quors.

6. Commissioners not required to grant licenses when, &c.

7. Licenses to sell wine, &c., may be granted without fee.

8. Clerks of commissioners to transmit lists of licensed persons to selectmen.

9. Persons applying shall produce a certificate of selectmen.

10. Applications for license may be made by any party orally, &c. 11. Provisions, in case selectmen refuse certificate,

or

1. When any person shall, by excessive drinking of spirituous liquors, so misspend, waste or lessen his estate, as thereby either to expose himself or his family to want or indigent circumstances, or the town to which he belongs to expense, for the maintenance of him or his family, shall so habitually indulge himself in the use of spirituous liquors, as thereby greatly to injure his health or endanger the loss thereof, the selectmen of the town, in which such spendthrift lives, shall, in writing under their hands, forbid all licensed innholders, common victuallers and retailers of the same town, to sell to him any spirituous or strong liquors aforesaid, for the space of one year; and they may in like manner, forbid the selling of any such liquors to the said spendthrift, by the said licensed persons of any other town to which the spendthrift may resort for the same. R. S. ch. 48, § 14.

2. The said selectmen, shall, in the same manner, from year to year, renew such prohibition, as to all such persons as have not in their opinion reformed within the year; and if any innholder, common victualler, or retailer shall, during any such prohibition, sell to any prohibited person, any such spirituous liquor, he shall forfeit for each offence twenty dollars. Ib. § 15.

3. When the selectmen, in execution of the foregoing provisions, shall have prohibited the sale of spirituous liquors to any such spendthrift, if any person shall, with a knowledge of said prohibition, give, sell, purchase, or procure for and in behalf of such prohibited person, or for his use, any such spirituous liquors, he shall forfeit for each offence twenty dollars. Ib. § 16.

4. The commissioners in the several counties may license, for the towns in their respective counties, as many persons to be innholders, or retailers therein, as they shall think the public good may require. Ib. § 17.

5. Any license to an innholder may be so framed as to authorize the licensed person to keep an inn, without authority to sell any intoxicating liquor, and no excise or fee shall be required for such license. St. 1837, ch. 242, § 2.

6. The county commissioners are not required to grant any licenses when, in their opinion, the public good does not require them to be granted. Ib.

7. Any license to an innholder, or retailer, may be so framed as to authorize the licensed person to sell wine, beer, ale, cider, or any other fermented liquor, and not to authorize him to sell brandy, rum, or any other spirituous liquor; and no excise or fee shall be required for such a license. R. S. ch. 47, § 21.

8. The clerk of the commissioners in the several counties shall seasonably, before the time for granting licenses in each year, transmit to the selectmen of every town within the county, a list of the persons in such town, who were licensed as innholders or retailers the preceding year. 1b. $22.

9. No license shall be granted or renewed to any person unless he shall produce a certificate from the selectmen of the town, for which he applies to be licensed, in substance as follows, to wit: We, the subscribers, a majority of the selectmen of the town ofdo hereby certify, that

has applied to us to be recommended as (here expressing the employment, and a particular description of the place for which the license is applied for,) in the said town, and that, after mature consideration had thereon, at a meeting held for that purpose, at which we were each of us present, we are of opinion, that the public good requires that the petition of said be granted, he being, to