AN ACT, Of Supplement and Addition to several Acts & Laws of this Province.
BE it Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the Authority of the same, it is Ordained and Enacted, In Addition to the Act Entituled,
AN ACT, for the Suppressing of Unlicensed Houses, and the due Regulation of such as are, or shall be Licensed.
THAT all Innholders, Innholders &c. to be provided for the Entertainment of Travellers &c. & their horses. Taverners, and common Victuallers, shall at all times be furnished with suitable Provisions and Lodging for the Refreshment and Entertainment of Strangers and Travellers, Pasturing, Stable Room, Hay and Provender for Horses; on pain of being deprived of their Licence; and no such Licensed Person shall Sell Oates for more than One Penny the quart.
And that no Person who is or shall be Licensed to be an Inholder, Taverner, common Victualler, or Retailer, shall suffer any Apprentice, Servant, Not to give Entertainment to Servants &c. or Negro, to sit drinking in his or her House; or to have any manner of drink there, otherwise than by special Order or Allowance of their respective Masters: On pain of forfeiting the Sum of Ten Shillings for every such offence.
Nor shall any such Licensed Person, suffer any Inhabitant of such Town where he dwells, Nor to suffer Inhabitants to sit drinking or Tipling or coming thither from any other Town, to sit Drinking or Tipling in his or her House, or any of the dependences thereof; or to continue there above the space of one Hour (other than Travellers, Persons upon business, or extraordinary Occasions) On the like Penalty of Ten Shillings for every offence.
And every Person as aforesaid, who contrary to this Act shall continue in any such House Tipling, or drinking or otherwise misordering [Page 55]him or her self, or above the space of one Hour (other than as aforesaid) shall forfeit and pay the Sum of Three Shillings and four pence, or be set in the Stocks not exceeding four hours time.
That no Person Licensed as aforesaid, No person licensed may suffer drunkness or Entertain guests on the Lords day. shall suffer any Person to Drink to drunkenness or excess in his or her house; nor shall suffer any Person as his or her guest to be and remain in such house, or any the dependances thereof on the Lords day (other than Strangers, Travellers, or such as come thither for necessary Refreshment) on pain of forfeiting the Sum of Five Shillings, for every offence in that kind.
All Fines and Forfeitures arising for any of the offences before mentioned, shall be, Fines & chow to be disposed one Moiety thereof to the use of the poor of the Town where the offence is committed, and the other Moiety to him or them that shall inform and prosecute the same (except where such offences are presented by a Grand Jury, in such case the whole forfeiture to be to the use of the Town) And every Justice of the Peace within his Precincts is hereby Empowred to hear and determin concerning any of the offences aforesaid, and to restrain and commit the offender to Prison, one Justice to hear & determin the offences afore mentioned. until he pay and satisfy the penalty or forfeiture, or otherwise by warrant cause the same to be Levied by distress and Sale of the offenders goods.
And further it is Enacted,
That before any Person shall receive Licence to be an Innholder, All persons taking Licence to become bound. common Victualler, Taverner or Retailer, every such Person shall become bound by Recogniscance to Their Majesties, in the Sum of Ten Pounds, the Principal, and two Sureties in Five Pounds a piece; before one or more of the Justices of the quarter Sessions. On Condition following.
That is to say.
THE Condition of this Recogniscance is such, That whereas the abovebounden A. B. is admitted and allowed by the Justices in quarter Sessions to keep a common Inn, Ale house or Victualling house, Form of the Recogniscance. and to use common Selling of Wine, Beer, Ale, Cyder &c. or to Retail, Wine, and Strong Liquors out of dores, for the space of one whole year next ensuing, and no longer, in the now dwelling house of the said A. B. in [...] commonly known by the Sign of and [...] no other. If therefore the said A. B. during the time aforesaid, shall not permit, suffer or have any Playing at Dice, Cards, Tables, Quoits, Loggets, Bowles, Shuffle-board, Ninepins, Billiards, or any other unlawful Game or Games in his or her House, Yard, Garden, Back-side, or any of the dependances thereof; nor shall suffer to be or remain in his or her house, any Person or Persons not being of his or her ordinary Houshold or Family, on the Lords day or any part thereof contrary to Law; nor shall Sell any Wine, Liquors, or other Strong drink, to any Apprentices, Servants, Indians or Negros; nor shall suffer any Person or Persons to be there Tipling, Drinking, or continue there after Nine of the Clock in [Page 56]the night time, or otherwise contrary to Law: And in his or her said House, shall and do use, maintain and uphold good Order and Rule, and do Endeavour the due Observance of the Laws made for Regulation of such Houses. Then this present Recogniscance to be void, or else to stand and abide in full force and Virtue.
For which Recogniscance, the party to whom such Licence is granted, shall pay Two Shillings, Fee. to be divided betwixt the Justice and the Clerk.
AND for the better Inspection of Licensed Houses, Tything men their power & duty.and the discovery of such Persons as shall presume to Sell without Licence; The Select men in each Town respectively, shall take due care, That Tythingmen be annually chosen at the general Meeting for choise of Town Officers, as is by Law provided; who shall have power and whose duty it shall be carefully to inspect all Licensed Houses and to Inform of all disorders or misdemeanours, which they shall discover or know to be committed in them or any of them, to a Justice of the Peace or the Sessions of the Peace within the same County; As also such as shall Sell by Retail without Licence, and other disorders or misdemeanours committed in any such House: And in like manner to present or inform of all Idle and disorderly Persons, prophane Cursers or Swearers, Sabbath breakers and the like offenders; to the intent such offences and misdemeanors may be duely punished and discouraged. Every of which Tythingmen shall be Sworn before a Justice of the Peace, or at the Sessions of the Peace; to the Faithful discharge of his Office, in manner following.
That is to say.
YOU A. B. being chosen a Tythingman within the Town of C. for one year next ensuing and until another be chosen and Sworn in your stead, Do Swear that you will faithfully Endeavour and intend the duty of your Office, according to Law. So help you God.
Which Tythingmen shall have a black Staffe of two foot long, Staffe. Tip't at one end with brass about three Inches, as a badge of their Office.
And if any Person being duely chosen to the said Office, shall refuse to take his Oath or Serve therein he shall forfeit and pay the Sum of Forty Shillings to the use of the poor of the Town whereto he belongs, Penalty for not serving. upon conviction of such refusal before the Justice of the Peace or Sessions of the Peace, where he is summoned to be Sworn; Certificate being produced under the hand of the Town Clerk, that such Person was legally chosen to that Office. And the said forfeiture to be levied by distress and Sale of such Persons goods, by Warrant from a Justice of the Peace or Sessions of the Peace respectively, and delivered to the Town Treasurer or overseers of the Poor for the use aforesaid.
And all Tythingmen that shall Inform and Prosecute for the breach of any Fenal Act, Tythingmen allowed the benefit of Informers. shall have the benefit of such part of the forfeiture as does by Law accrue to the Informer. And all Persons prosecuted for breach of the Act relating to Excise and Retailers without Licence, the penalty whereof for one offence exceeds not Forty Shillings besides charges, may be convicted by two single Evidences upon Oath though but one to one breach of said Act and both the breaches be within one Month, the Person accused or complained of, not plainly and positively denying the Fact.
And further it is Enacted,
That the Clerk's of the Peace respectively in each County by direction of the Court, shall by Writt of Scire Facias, Clerk of the Peace to put in Suit Recogniscances where default is made put in Suit all such Recogniscances as shall be taken in Court, or before any Justice of the Peace for such County, whereof default is made in not performing the Condition of the same; and upon Execution awarded, the Sheriff of the County is to levy the same, and to account for the Monyes or Estate received thereon, as by Law he is Obliged.
And in Addition to the Act Entituled, An Act, For the Punishing of Criminal Offenders.
IT is Declared and Enacted ky the Authority aforesaid, Laws of England to be attended in removing foreceable Entry &c. That every Justice of the Peace according to the power given him by the said Act for the Enquiry and Removing of Forceible Ennyes and detainer; do therein proceed according to the Rules and Methods in such case provided by the Laws of England.
AND for the Preventing of Trespasses by ill disposed Persons, coming upon other mens Lands, and cutting and carrying away the Wood & Timber thereof, to the great hurt and damage of the Owner.
It is Enacted by the Authority aforesaid, Penalty for cutting or carrying of wood or Timber from another persons Land.
That if any Person or Persons hereafter, shall cut or carry off any manner of Wood or Timber from another Person or Persons Land, or the Commons of an other Town then which he doth belong to, without the leave or Licence of the owner or owners of the Land where such [Page 58]Wood or Timber shall be fallen, cut down or carryed off; every Person so offending, shall forfeit the Sum of Twenty Shillings, for every Tree above one Foot over, and Ten Shillings for every Tree under that bigness, to be recovered by due Process of Law: And if any Person shall be convict of such offence the Second time besides the above damage to the party; shall forfeit and pay to the use of the poor of such Town where the offence is committed the Sum of Twenty Shillings, or suffer one Months imprisonment. And every Justice of the Peace within the County, is hereby Impowred to hear and determin all offences against this Act, where the forfeiture does not exceed Forty Shillings.
And be it further Enacted by the Authority aforesaid,
That if any Person or Persons, Penalty for receiving or buying of Negros &c. shall presume either openly or privately to receive or buy of or from any Indian Servant, or Negro, or Molatto Servant or Slave, any Goods, Wares, Merchandizes, or Provisions; and it appear such Goods, Wares, Merchandizes or Provisions to have been Stol'n: Every Person and Persons convicted of receiving or buying such Stol'n Goods, Wares, Merchandizes or Provisions, or any part or parcel thereof, shall restore the same in Specie if not altered, and the value thereof over and above, unto the party injured; Or double the value where the Goods or Provisions so Stol'n are made away. And such Indian, Negro or Molatto Servant or Slave shall be openly Whiped, not exceeding Twenty Lashes.
And in Addition to the Act Entituled, An Act, For Enabling the Treasurer to call in the Arrears of Publick Rates, and discharging of Publick Debts.
IT is further Enacted, That the Select men, Constables and Collectors in the several Towns and Places within this Province, Constables &c. power about the Arrears of Publick Rates. be and hereby are fully Impowred and Authorized to take and use the same Methods and Directions in all Respects, for the Collecting of the Arrears of all former Rates or Assessments, by making of distress or granting a Warrant of Commitment in case no distress can be found; as is provided and directed by the Act Entituled, An Act, For Regulating the former Assessment, and for granting an Additional Supply of Money.
And in Addition to the Act Entituled, An Act, For Regulating of Town-ships, Choice of Town Officers, and Setting forth their Power.
IT is further Enacted by the Authority aforesaid, That there be annually chosen in each Town at the time, Town Treasurer how to be chosen & his power. and in the same manner, as other Town Officers; a suitable Person for Town Treasurer, who shall have Power to demand and receive all Debts and dues belonging or owing to such Town or the poor thereof; and to Sue for and Recover the same by due Process of Law: And shall pay out such Monies according to Order from the Select men or overseers of the Poor, as they shall receive Instructions from the Town; and such Treasurer shall make a true account to the Town of all his Receipts and payments annually, when required: to be under Oath. Every such Treasurer to be Sworn before a Justice of the Peace to the faithful discharge of his Trust, and shall have such allowance for his Service, as the Town shall agree to.
In Addition to the Act Entituled, An Act, For Establishing of Judicatories and Courts of Justice within this Province.
IT appearing that the time Stated by Law for the holding of the Superiour Court of Judicature, Court of Assize and general Goal delivery, in some Counties doth fall inconvenient in respect of the season of the year, and otherwise.
It is therefore Ordained and Enacted by the Authority aforesaid,
That the Superiour Court of Judicature, The time for sitting of the Superiour Court &c. at Ipswich, Kettery, Plymouth and Bristol. Court of Assize and general Goal delivery, for the County of Essex, to be holden at Ipswich, be hence-forth holden upon the third Tuesday in May annually: And for the County of York, at Kettery upon Thursday in the week immediately preceeding the sitting of said Court at Ipswich: For the Counties of Plymouth, Barnstable and Bristol, to be holden at Plymouth, upon the second Tuesday in March annually, and at Bristol upon the second Tuesday in September annually.
And it is further Enacted,
That the Superiour Court of Judicature, Court of Assize and General Goal delivery, for the County of Middlesex, Superiour Court &c. for Middlesex, to be held at Cambridge be hence-forth holden and kept at Cambridge, the Shire Town, upon the last Tuesday in July, and on the last Tuesday in January annually, any Law usage or custom to the contrary notwithstanding.
And for the better Preventing of Fraud in Cord Wood.
It is further Enacted by the Authority aforesaid,
That all Cord Wood brought into any Town and exposed to Sale, Measure of Cord Wood. shall be four foot long one with another, and when Corded up, shall measure Eight foot in length, and four foot in height. And all Fire Wood (except Faggots) brought in Carts, shall be Sold after the fame Rate as Wood is Sold for by the Cord in proportion: And if it hold not out such part of a Cord as it is Sold for, it shall be forfeited; one half thereof to the party injured, who shall Inform and Prosecute for the same before a Justice of the Peace within the same County, and the other half to the use of the poor of the Town where it is exposed to Sale.