Acts and laws, passed by the Great and General Court or Assembly of Their Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston, the thirtieth day of May, 1694. And continued by adjournments unto Tuesday the sixteenth day of October following: being the third sessions. Anno regni Guilielmi, et Mariae, regis et reginae, Angliae, Scotiae, Franciae, et Hiberniae, sexto. — Laws, etc. (Session laws : 1694 Oct.)

Acts and laws, passed by the Great and General Court or Assembly of Their Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston, the thirtieth day of May, 1694. And continued by adjournments unto Tuesday the sixteenth day of October following: being the third sessions. Anno regni Guilielmi, et Mariae, regis et reginae, Angliae, Scotiae, Franciae, et Hiberniae, sexto. — Laws, etc. (Session laws : 1694 Oct.)

Table of contents

Title page

Anno Regni Regis et Reginae, Gulielmi et Mariae, Sexto. AN ACT, To Enable Towns, Villages and Proprietors in Common and undivided Lands &c. to Sue and be Sued.

AN ACT, For Regulating Ferrys.

AN ACT For granting a Township within the County of Bristol, to be called Attleborough.

AN ACT In further Addition to the Act for Establishing of Judicatories and Courts of Justice within this Province.

AN ACT For Payment of the Province Debts.

§

§

[Page]

[Page]

ACTS AND LAWS, Passed by the Great and General Court or Assembly of Their Majesties Province of the Massachusetts-Bay, in NEW-ENGLAND.

Begun at Boston, the Thirtieth Day of MAY, 1694. And Continued by Adjournments unto Tuesday the Sixteenth Day of October following: Being the Third Sessions.

Anno Regni GUILIELMI, et MARIAE, Regis et Reginae, Angliae, Scotiae, Franciae, et Hiberniae, Sexto.

BOSTON. Printed by Bartholomew Green, Printer to His Excellency, the Governour and Council. 1694.

Anno Regni Regis et Reginae, Gulielmi et Mariae, Sexto.
AN ACT, To Enable Towns, Villages and Proprietors in Common and undivided Lands &c. to Sue and be Sued.

[Page]

WHEREAS amongst other things in Their Majesties Royal CHARTER, for Incorporation of this Province; it is Contained and Granted in these words following, that is to say, Provided nevertheless, And we do for Us Our Heires and Successors, Grant and Ordain that all and every such Lands, Tenements and Hereditaments, and other Estates, which any Person or Persons, Bodys Politique or Corporate, Towns, Villages, Colledges or Schooles, Doe hold and Enjoy or ought to have hold and Enjoy within the bounds aforesaid, by or under any Grant or Estate, duely made or Granted by any General Court, formerly held or by vertue of the Letters Patents herein before Recited, or by any other Lawfull Right or Title whatsoever; shall be by such Person [...] Persons Bodys Politique and Corporate, Towns, Villages, Colledges or Schools, their Respective Heires Successors and Assigns for ever hereafter, held and enjoyed according to the Purport and Intent of such Respective Grant, &c.

And whereas by one Act of the General Court, Intituled, An Act, for the Regulating of Townships &c. Amongst other things, It is Enacted, That the Proprietors of the undivided or Common Lands within each Town or Precinct in this Province, where the same have been heretofore Stated, each ones Proportion being known, shall and hereby are Impowred, to Order, Improve or divide in such way and manner, as shall be concluded and agreed upon by the Major part of the Interested. And the Proprietors of all undivided or Common Lands not Stated and Proportioned as aforesaid, shall and hereby are Impowered to manage, Improve, Divide and Dispose of [Page] the same, as hath been or shall be concluded and agreed on by the Major part of such Proprietors. Now for the better Enabling the said Persons, Towns, Villages, Trustees for Schooles and Proprietors aforesaid, to manage, maintain, Recover and Defend their Grants, Lands, Interests, and Estates.

Be it Enacted and Declared by the Governour, Council, and Representatives in General Court Assembled, and by the Authority of the same,

That it shall and may be Lawful for all and every the said Persons,Persons, Towns, Villages &c can Sue or defend in any Court. Towns, Villages, Precincts, Trustees for Schools, and Proprietors in Common and undivided Lands, Grants and other Estates or Interests whatsoever, To Sue, Commence and Prosecute any Suits or Actions, in any Court proper to try the same, either by themselves or their Agents or Attourneys, to be appointed by such as have in them the Major part of the Interest: And in like manner to Defend all such Suits and Actions as shall be Commenced against them or any of them.

And further be it Enacted by the Authority aforesaid,

That all and every Town, Village and Precinct, and Proprietors in Common or undivided Lands,Towns, Villages &c. to chose Agents or Attournys to Prosecute for, or defend them. which shall have Occasion to Sue or shall be Sued, may at a Meeting of the Inhabitants of such Town, Village or Precinct, or Proprietors aforesaid, Orderly Warned, by the Major Vote of such as shall meet, chose Agents or Attourneys to Prosecute for or defend them; such choice being Certified by the Clerk of such Town, Village, Precinct or Proprietors, or by such other Person as they shall appoint.

And when any Town, Village, Precinct or Proprietors aforesaid, shall be Sued, it shall be sufficient notice to Oblige them to appear and Answer,How Summons shall be given to oblige Towns &c. to answer. to leave a Writt or Summons with their Clerk or other Principal Inhabitant or Proprietor (briefly declaring the Case) fourteen dayes before the Sitting of the Court, where the Case is to be heard; as in other Actions is Provided.

AN ACT, For Regulating Ferrys.

[Page]

TO the intent that all Ferrys within this Province be duely kept, and constantly attended for the ends whereunto they are Appointed.

Be it Enacted by the Governour, Council and Representatives, in General Court Assembled, and by the Authority of the same,

That hence forth no Person or Persons whatsoever, shall attempt to keep a Ferry (so as to demand pay) without special Licence first had and obtained from their Majesties Justices in Quarter Sessions of that County where such Ferry is;Ferrymen to be Licensed by the Quarter Sessions. who are hereby Impowred to grant Licences to such Person as they shall judge meet for that Service, in their respective Counties; and to state the Fare or Prises of each Ferry, both for Man and Beast, according to the nature and breadth of such River, or water they are to pass over; taking Bond of each Ferryman,to give Send. for the faithfull discharge of his place (except such Ferrys as as are already stated and settled, either by the Court or Towns to whom they appertain) And all Ferry men are hereby enjoyned to keep a good Boat or Boats in good repair, suitable to the waters they are to Ferry over; and also to give ready and due attendance on Passengers upon all Occasions, on penalty of Five Shillings, for every default of non attendance;Penalties for non attendance and not keeping good Boats. and for want of a good Boat kept in good repair, to pay Five Pounds; the one half to Their Majesties for and towards the support of the Government; the other half to him or them that shall inform and sue for the same, before a Justice of the Peace or at the Quarter Sessions respectively, besides what damage may accrue to any Person through the Ferry mans default.

And further it is Enacted,

That the General Post that is settled for Their Majesties,Penalty for delaying the Post. and the Countryes Service, be readily dispatched, and set over by all Ferrymen where they shall come, without any delay. And if any Ferryman shall be complained of and duely convicted before any Justice of the Peace, for delaying any Post, and not forthwith Ferrying of him over, he shall Forfeit the Sum of Twenty Shillings, unto Their Majesties [...] and towards the support of the Government,

[Page] And that Boats be constantly kept on either side of the water at Charlestown Ferry, for the more speedy Transportation of Passengers, the Ferry men on each side to have a seperate Interest; and that the Ferry be not from hence forth Leased out otherwise. [...] And all the Members of the General Assembly shall be Ferrage free at all Ferrys in their passing to and from the Assembly, and shall be Transported without any unnecssary delay, on pain of Forfeiting Twenty Shillings as abovesaid.

AN ACT For granting a Township within the County of Bristol, to be called Attleborough.

WHEREAS there is a certain Tract of Land Commonly called by the name of the North Purchase lying within the County of Bristol, containing in Length about Ten Milles from Patucket River to the Bounds of Tanuton, and extending about Eight Miles in Breadth from the Line or Boundary betwixt the two late Colonies of Massachusetts and Plymouth, to the Bounds of the Town of Rehoboth; being a Convenient Tract for a Township, and more than Thirty Familyes already Settled thereupon.

For the better Encouragement and Settlement of the said Plantation.

Be it Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the Authority of the same,

That hence-forth the said, Tract of Land as above described, and Bounded by the Townships of Taunton and Rehoboth (no ways to intrench upon either of their Rights) be and shall be a Township, and called by the name of Attleborough; and shall have and enjoy all such Immunities, Priviledges and Powers, as generally other Towns within this Province have and do by Law Enjoy. Providedthat it be not in Prejudice of any former Grant. Provided also that the Inhabitants of said Place do continue under the Power and directions of the Select men, Assessors and Constables of Rehoboth (whereto they were formerly annexed) as well referring unto any Assessments and Arrears thereof, as all other things proper to the duty of Select men, Assessors and Constables respectively, until they are Supplyed with such Officers among themselves, according to the directions in the Law is that case made and Provided.

AN ACT In further Addition to the Act for Establishing of Judicatories and Courts of Justice within this Province.

[Page]

WHEREAS by the said Act amongst other things therein Contained, It is granted, That it shall be in the Liberty of the party Cast in any of the Inferiour Courts to Appeal from the Verdict and Judgment there given unto the next Superiour Court, to be held within or for the same County, the Case there to be tryed to a final Issue; Upon Experience of sundry Inconveniences arising by so Conclusive a Determination.

It is Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the authority of the same,

That it shall and may be Lawful,Review of Appeal at the Superiour Court. for either party Appellant or Defendant, That knee the making of the said Act, hath been or at any time hereafter shall be agrieved by any Verdict and Judgment given in any Superiour Court of Judicature within this Province, within the space of Eighteen Months next after such Judgment given and not afterwards, to Review such Action by Process out of the same Court, once and no more, the case upon such Action of Review, to be finally issued and determined. Saving always a right of Appeal unto Their Majesties in Council, in such cases onely as the Law has Provided for.Twenty days allowed to bring a writ of Error. And whereas by the said Act the bringing of a Writt of Error is limited to Ten dayes after Judgment given; Be it Enacted, That it shall be allowable for any party in pursuance of said Act, to bring his What of Error at any time within the space of Twenty dayes next after such Judgment given, any Law or usage to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid,

That Attournys Fees to be allowed at the Superiour Court of Judicature shall be Twelve Shillings,Attournys Fees. and at the Interfiour Court [...], and no more; and but one Attourny to be paid for in any [...] and not any allowance to an Attourny in any case before a Justice of the Peace. And that the Fee for a Writt in any case to be Tryed before a Justice of the Peace shall be One Shilling, and for Serving of said Writt One Shilling and no more,Justices Fee for a Writ &c. any Law usage or custome to the contrary notwithstanding.

AN ACT For Payment of the Province Debts.

[Page]

WHEREAS this Province is indebted to sundry Persons Considerable Sums of Money taken up upon Loan at Interest: For the Payment and Discharge of which Debts, and to no other end, until the [...] be fully satisfyed. We the Representatives of Their Majesties Province of the Massachusetts Bay in New-England, in General Court Assembled, Do grant unto Their most Excellent Majesties, to the end before mentioned, A Rate or Tax of Four Thousand eight hundred and Forty one Pounds Ten Shillings in Money.

And be it Enacted by the Governour, Council, and Representatives in General Court Assembled, and by the Authority of the same,

That the said Sum of Four Thousand eight hundred and Forty one Pounds Ten Shillings, be Proportioned upon the several Towns and Precincts within this Province, in manner following. That is to say,

In the County of Suffolk.

| l. | s. | d.
Boston, Nine hundred and nineteen Pounds. | 919 | 00 | 00
Roxbury, Eighty seven Pounds. | 87 | 00 | 00
Dorchester, One hundred Twenty four Pounds. | 124 | 00 | 00
Milton, Forty four Pounds. | 44 | 00 | 00
Brantrey, Seventy Pounds. | 70 | 00 | 00
Weymouth, Sixty Pounds. | 60 | 00 | 00
Hingham, Eighty Pounds. | 80 | 00 | 00
Dedham, Sixty four Pounds. | 64 | 00 | 00
Medfield, Thirty six Pounds. | 36 | 00 | 00
Wrentham, Fifteen Pounds. | 15 | 00 | 00
Mendon, Fifteen Pounds. | 15 | 00 | 00
Hull, Twenty one Pounds Ten Shillings. | 21 | 10 | 00

In the County of Essex.

Salem, One hundred and Ninety Pounds. | 190 | 00 | 00
Ipswich, Two hundred thirty three Pounds. | 233 | 00 | 00
Newbury, One hundred sixty one Pounds. | 161 | 00 | 00
Salisbury, Thirty Pounds. | 30 | 00 | 00 | [Page] Almsbury, Fifteen Pounds. | 15 | 00 | 00
Haverhill, Forty three Pounds. | 43 | 00 | 00
Andover, Forty eight Pounds. | 48 | 00 | 00
Bradford, Eighteen Pounds | 18 | 00 | 00
Bexford, Twenty four Pounds. | 24 | 00 | 00
Topsfield, Forty Pounds. | 40 | 00 | 00
Marblehead, Ninety two Pounds. | 92 | 00 | 00
Lyan, Ninety two Pounds. | 92 | 00 | 00
Wenham, Thirty six Pounds. | 36 | 00 | 00
Beverly, Sixty seven Pounds. | 67 | 00 | 00
Glocester Forty Pounds. | 40 | 00 | 00
Manchester, Ten Pounds. | 10 | 00 | 00
Rowley, Fifty five Pounds. | 55 | 00 | 00

In the County of Middlesex.

Charlestown, One hundred and sixty Pounds. | 160 | 00 | 00
Watertown, One hundred and twenty Pounds. | 120 | 00 | 00
Cambridge, Ninety five Pounds. | 95 | 00 | 00
Concord, Sixty eight Pounds. | 68 | 00 | 00
Woburn, Ninety Pounds. | 90 | 00 | 00
Marlberow, Forty one Pounds. | 41 | 00 | 00
Groton, Fifteen Pounds. | 15 | 00 | 00
Reading, Fifty three Pounds. | 53 | 00 | 00
Chelmsford, Forty six Pounds. | 46 | 00 | 00
Sudbury, Fifty seven Pounds. | 57 | 00 | 00
Malden, Forty eight Pounds. | 48 | 00 | 00
Medford, Seventeen Pounds. | 17 | 00 | 00
Billerica, Thirty four Pounds. | 34 | 00 | 00
Lancaster, Fifteen Pounds. | 15 | 00 | 00
Stow, Ten Pounds. | 10 | 00 | 00
Newtown, Forty seven Pounds. | 47 | 00 | 00
Sherbourn, Twenty eight Pounds. | 28 | 00 | 00

In the County of Hampshire.

Springfield, Sixty two Pounds. | 62 | 00 | 00
Northempton Fifty eight Pounds. | 58 | 00 | 00
Had [...] Thirty six Pounds. | 36 | 00 | 00
Hatfield, Thirty two Pounds. | 32 | 00 | 00
Southfield, Twelve Pounds. | 12 | 00 | 00
Westfield, Twenty Pounds. | 20 | 00 | 00
Enfield, Three Pounds. | 3 | 00 | 00

In the County of Plymouth.

Plymouth, Fifty five Pounds. | 55 | 00 | 00
Situate, Eighty two Pounds. | 82 | 00 | 00
Duxbury, Thirty three Pounds. | 33 | 00 | 00
Marshfield, Forty five Pounds | 45 | 00 | 00
Bridgwater, Thirty five Pounds. | 35 | 00 | 00
Middleborough, Sixteen Pounds. | 16 | 00 | 00

In the County of Barnstable

Barnstable, Sixty four Pounds. | 64 | 00 | 00
Yarmouth, Forty two Pounds. | 42 | 00 | 00 | [Page] Eastham Forty four Pounds. | 44 | 00 | 00
Sandwich, Fifty two Pounds. | 52 | 00 | 00
Falmouth, Eleven Pounds. | 11 | 00 | 00
Manama [...]t, Ten Pounds. | 10 | 00 | 00
Rochester, Eleven Pounds. | 11 | 00 | 00
Harwich, Sixteen Pounds. | 16 | 00 | 00

In the County of Bristol.

Bristol, Thirty Pounds. | 30 | 00 | 00
Taunton, Sixty seven Pounds. | 67 | 00 | 00
Dartmouth, Fifty two Pounds. | 52 | 00 | 00
Freetown, Twelve Pounds. | 12 | 00 | 00
Rehobeth, Forty four Pounds. | 44 | 00 | 00
Swansey, Forty four Pounds. | 44 | 00 | 00
Little Compton, Twenty seven Pounds. | 27 | 00 | 00
Tiverton, Fourteen Pounds. | 14 | 00 | 00
Attleborough. Twelve Pounds. | 12 | 00 | 00

In the County of York.

York, Six Pounds. | 6 | 00 | 00
Wells, Six Pounds. | 6 | 00 | 00
Kittery, Twelve Pounds. | 12 | 00 | 00
Isles of Sholes, Three Pounds. | 3 | 00 | 00

On Marthas Vineyard.

Edgar Town, Twenty three Pounds. | 23 | 00 | 00
Tisbury, Sixteen Pounds. | 16 | 00 | 00
Chilmark, Sixteen Pounds. | 16 | 00 | 00
Nantucket, Forty five Pounds. | 45 | 00 | 00

And be it further Enacted by the Authority aforesaid,

That the Treasurer do send forth his Warrants unto the Select-men or Assessors of each Town and Precinct aforesaid,Treasurer to [...] the last day of March. at or before the last day of March next, requiring them to Assess the afore-mentioned Sum set and proportioned to such Town or Precinct respectively, upon the Polls and Estate within the same, in manner following, That is to say, Two Shillings on each Poll qualified as in a former Act of this Court made and Passed at their Sessions, begun and held the Thirtieth day of May last, Entituled, An Act, For granting unto Their Majesties a Tax of Twelve Pence a Poll, and One Penny on the Pound for Estates; and the remaining part to compleat their said proportion upon all Ratable Estate without any Exception, according to the Valuation in said Act mentioned, [...] and to transmit and cause to be delivered unto the Treasurer the Lists of their Assessment so made and perfected, at or before the Sixteenth day of April following, together with the names of the Constables or Collectors of such Town or Place for that year. And the Treasurer is hereby further impowred and Ordered to issue out his Warrants, [...] directed unto the Constables or Collectors of the several Towns and Precincts aforesaid, requiring them to Collect and gather the said Assessment, and pay in the same unto himself his Successor or order, at or before the last day of June thence next ensuing, by which time they are to make up and issue their Accompts of the same.

[Page] And it is further Enacted by the Authority aforesaid.

That the Treasurer, Select-men or Assessors, Constables and Collectors in the several Towns and Precincts, [...] power. be and hereby are respectively Authorized and Impowred to take, use, and exercise the same methods, directions and powers contained in the several Sections and Paragraphs, in the afore recited Act, for the Levying Collecting and gathering of this present Tax or Assessment,Penalty. and shall be under the same Obligation to duty and suffer the forfeitures and penalties in case of default, as is thereto respectively annexed.

And be it further Enacted by the Authority aforesaid.

That the Treasurer be and hereby is Impowred to issue forth and pay a certain number of the Bills of Credit of the late Colony of the Massachusetts.Treasurer is [...] Bills of Credit. Endorst in manner as is directed by the Act Entituled, An Act, For a present supply of the Treasury, To the Sum of Three Thousand Pounds and no more, towards the payment of said Debts; which bills, shall pass out of the Treasury at the value therein expressed. The Treasurer to have Credit in his Accompt after the rate of Five Pounds Per Cent, more for such Sum in said Bills as he shall so issue forth as aforesaid, having been received into the Treasury at that value; and the said hills shall be taken and accepted in all Publick payments with the advance of Twelve Pence on the Pound, over and above the Sum therein expressed. And this present Tax is hereby granted as a Fund for the repayment of all such Sums in said Bills as shall be in the hands of particular Persons, in currant Money of this Province.

And further it is Enacted by the Authority aforesaid,

That in all Towns or Precincts where there has been an Omission or neglect of Assessing their proportion to any Publick Tax heretofore granted as by any former Act of this Court they were enjoyned.Injuction upon Select men, Assessors and Constabl [...] &c. that have not attended their duty. The Select men or Assessors of such Town or Precinct that then were or the Major part of them, shall forthwith attend their duty in that respect, and make the said Tax or Assessment, and commit the same unto the Constables or Collectors that then were, on pain of Forfeiting unto Their Majesties the Sum of Twenty Pounds, by each Person that shall be duely Convicted of neglect or refusal, upon complaint or Information of the Treasurer unto the Court of General sessions of the Peach held for that County: and such Constables or Collectors as then were shall be and hereby are Obliged to Collect and gather in the same Tax or Assessment, the Treasurer to Enable and Impower them mereto by his Warrant, containing the usual Powers and Authorities, and shall have and receive as a gratification for their trouble and Service therein, Six Pence on the Pound for all Sums which they shall so Collect, to be paid unto them, or recovered by Action from the Select men or Assessors, who formerly omitted or neglected their duty.

And where any Constables or Collectors in any Town are dead before their perfecting of the Collection of any Publick Assessment,Provision where Constables or Collectors are dead. the Select men of such Town shall procure and appoint at the Towns charge, some other fit Person or Persons to perfect the same Collection, and present their names unto the Treasurer, who is hereby Authorized to Enable and Impower them thereto by granting them a Warrant.

FINIS.

Information about this book

Title statement

Acts and laws, passed by the Great and General Court or Assembly of Their Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston, the thirtieth day of May, 1694. And continued by adjournments unto Tuesday the sixteenth day of October following: being the third sessions. Anno regni Guilielmi, et Mariae, regis et reginae, Angliae, Scotiae, Franciae, et Hiberniae, sexto.Laws, etc. (Session laws : 1694 Oct.)

Massachusetts.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2006-06.

ID [DLPS]

N00568

ID [TCP]

N00568

ID [STC]

Evans 697

ID [STC]

Wing M953

ID [NOTIS]

APW2111

ID [IMAGE-SET]

697

ID [EVANS-CITATION]

99007945

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Series

Early American Imprints, 1639-1800 ; no. 697.

Notes

(Evans-TCP ; no. N00568)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 697)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 697)

Source

— Acts and laws, passed by the Great and General Court or Assembly of Their Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston, the thirtieth day of May, 1694. And continued by adjournments unto Tuesday the sixteenth day of October following: being the third sessions. Anno regni Guilielmi, et Mariae, regis et reginae, Angliae, Scotiae, Franciae, et Hiberniae, sexto., Laws, etc. (Session laws : 1694 Oct.), Massachusetts..

Extent

p. [2], 87-95, [1] ; (fol.)

Printed by Bartholomew Green, printer to His Excellency, the governour and Council.,. Boston. :: 1694.. (Pagination continues the session laws published from 1693 (Evans 649).) (Title vignette: royal arms.)

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