Warning out of town
Encyclopedia
Warning out of town was a widespread method in the United States
for established New England
communities to pressure or coerce "outsiders" to settle elsewhere . It consisted of a notice ordered by the Board of Selectmen
of a town, and served by the constable
upon any newcomer who might become a town charge. When a person was warned out of a town, they were not necessarily forcibly removed .
The first warning out in Plymouth Colony
was recorded on June 6, 1654 in the village of Rehoboth
(Tilton, 1918). Robert Titus
was called into town court and told to take his family out of Plymouth Colony for allowing "persons of evil fame" to live in his home (Titus, 2004).
The practice was common throughout the early Colonial Period
, and died out in the early 19th century. In Vermont
, for example, the law was changed to disallow "warning out" in 1817.
duty to care for its inhabitants when they cannot support themselves; therefore, it was reasoned, the city had the right to "exclude from inhabitancy persons for whose conduct or support they did not desire to be responsible." According to another theory, the right to exclude inhabitants was derived from the principle that "the estate of any inhabitant of a town is liable to be taken in execution on a judgment against the town" .
The practice of warning out replaced an earlier practice in which admission to a town as an inhabitant, or purchase of property within a town, required a vote of the present inhabitants or the Board of Selectmen
. As cities grew, and it became difficult to enforce the requirement of prior approval prior to residency, municipalities began to make a distinction between residency and inhabitancy: those residents who were not admitted to inhabitancy could be "warned out", and thereby the town would be spared liability for the resident in case of poverty . Sometimes, there was a time limit by which, if a resident had not been warned, they would automatically become an inhabitant .
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
for established New England
New England
New England is a region in the northeastern corner of the United States consisting of the six states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut...
communities to pressure or coerce "outsiders" to settle elsewhere . It consisted of a notice ordered by the Board of Selectmen
Board of selectmen
The board of selectmen is commonly the executive arm of the government of New England towns in the United States. The board typically consists of three or five members, with or without staggered terms.-History:...
of a town, and served by the constable
Constable
A constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
upon any newcomer who might become a town charge. When a person was warned out of a town, they were not necessarily forcibly removed .
The first warning out in Plymouth Colony
Plymouth Colony
Plymouth Colony was an English colonial venture in North America from 1620 to 1691. The first settlement of the Plymouth Colony was at New Plymouth, a location previously surveyed and named by Captain John Smith. The settlement, which served as the capital of the colony, is today the modern town...
was recorded on June 6, 1654 in the village of Rehoboth
Rehoboth
-Places:In the Christian Bible*Rehoboth , the name of three Biblical placesin Australia*Rehoboth Christian College, Perth, Western AustraliaIn Israel*Rehoboth, the conventional English name for Rehovot, IsraelIn Namibia*Rehoboth, Namibia...
(Tilton, 1918). Robert Titus
Robert Titus
Robert Titus was the first Titus immigrant from England to America and is the progenitor of many of the Tituses in America today.-Emigration:...
was called into town court and told to take his family out of Plymouth Colony for allowing "persons of evil fame" to live in his home (Titus, 2004).
The practice was common throughout the early Colonial Period
Colonial Period
Colonial Period may generally refer to any period in a country's history when it was subject to administration by a colonial power.*Korea under Japanese rule*Colonial history of the United States...
, and died out in the early 19th century. In Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, for example, the law was changed to disallow "warning out" in 1817.
Legal foundation
The right of a municipality to "warn out" one of its inhabitants was based on the theory that a city has a common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
duty to care for its inhabitants when they cannot support themselves; therefore, it was reasoned, the city had the right to "exclude from inhabitancy persons for whose conduct or support they did not desire to be responsible." According to another theory, the right to exclude inhabitants was derived from the principle that "the estate of any inhabitant of a town is liable to be taken in execution on a judgment against the town" .
The practice of warning out replaced an earlier practice in which admission to a town as an inhabitant, or purchase of property within a town, required a vote of the present inhabitants or the Board of Selectmen
Board of selectmen
The board of selectmen is commonly the executive arm of the government of New England towns in the United States. The board typically consists of three or five members, with or without staggered terms.-History:...
. As cities grew, and it became difficult to enforce the requirement of prior approval prior to residency, municipalities began to make a distinction between residency and inhabitancy: those residents who were not admitted to inhabitancy could be "warned out", and thereby the town would be spared liability for the resident in case of poverty . Sometimes, there was a time limit by which, if a resident had not been warned, they would automatically become an inhabitant .