Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston the twenty-ninth day of May, 1695. And continued by several adjournments until Wednesday the twentieth of November following. Anno regni Guilielmi tertii, Angliae, Scotiae, Franciae, et Hiberniae, regis, septimo. — Laws, etc. (Session laws : 1695 Nov.)

Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston the twenty-ninth day of May, 1695. And continued by several adjournments until Wednesday the twentieth of November following. Anno regni Guilielmi tertii, Angliae, Scotiae, Franciae, et Hiberniae, regis, septimo. — Laws, etc. (Session laws : 1695 Nov.)

Table of contents

Title page

Anno Regni GUILIELMI Tertii, Angliae, Scotiae, Franciae, et Hiberniae, Regis, Septimo. An Act, That all Persons not being Free-holders or Settled Inhabitants, Commencing Suit, shall give Security before Process be granted.

An Act, For the better discovery and more Effectual Suppressing of Unlicensed Houses.

An Act, For the further Continuance of several Acts, relating to the Prosecution of the War.

An Act, For taking of Affidavits out of Court.

An Act, To prohibit the Exportation of Grain, &c.

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ACTS AND LAWS, Passed by the Great and General Court or Assembly of His Majesties Province of the Massachusetts-Bay, in New-England.

Begun at Boston the Twenty-ninth Day of May, 1695. and continued by several Adjournments until Wednesday the Twentieth of November following.

Anno Regni Guilielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae, Regis, Septimo.

BOSTON. Printed by Bartholomew Green and John Allen, Printers to the Governour and Council. 1695.

Anno Regni GUILIELMI Tertii, Angliae, Scotiae, Franciae, et Hiberniae, Regis, Septimo. An Act, That all Persons not being Free-holders or Settled Inhabitants, Commencing Suit, shall give Security before Process be granted.

[Page]

WHEREAS for the more due and equal Administring of Justice in Civil Causes, the Judgment given upon the first Tryal is not final, the Law allowing the Party agrieved an Appeal therefrom, or a Review of the same cause. But forasmuch as Strangers and others not Resident within the Province, do many times by themselves or Attorneys Commence Suits against Freeholders or Settled Inhabitants within the same, and Recover Judgment and Satisfaction thereon, and Remove themselves, or Conceal and Convey away the Moneys so received; whereby the adverse Party is prevented of Serving Process to bring the cause to another Tryal by Review, and by means thereof way suffer great wrong. To the intent therefore that all His Majesties Subjects may receive and enjoy the benefit of the Remedy provided by Law as above-said.

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

That every person, not being a Freeholder or Settled Inhabitant, having dwelt within the Province by the space of three years before, intending by himself or Attourney to Commence Suit against any person or persons within this Province, before P [...]ocess be granted, shall by himself or Attourney enter into Bond,Security to be given before Process granted. with two sufficient Sureties (being Freeholders, or Settled Inhabitants as aforesaid) unto the Party against whom Process is demanded, in the Clerks Office of the Court, where the Suit is to be brought, in double the Sum to be Sued for; with condition to answer and satisfie the Defendant his Costs arising by such Suit, in case the Plantiff do not Recover against him: And that if Judgment be rendred for the Plantiff, and the Defendant shall Review the same within the space of eighteen months next following, and not afterwards, that he shall well and truly pay and satisfy unto the Party bringing such Action of Review, all such Sum and Sums of Money as he shall recover thereupon, with the Costs arising thereby.

[Page] And all Clerks of Courts are hereby Ordered and Required to take such Bond,Clerks of Courts to take Security before they make out Process in the name of, or to any Stranger, or other person not being a Freeholder or Settled Inhabitant as aforesaid, or to the Attourney of any such, and safely to keep the same, for the use and benefit of the Party to whom it shall be made; For which, such Clerk shall demand the Fee of Two Shillings and no more, to be paid by him at whose Suit the Process is granted, and to be again allowed him in his Costs if he recover. And if it happen Process to be made out to any Stranger or other Person not being a Freeholder or Settled Inhabitant as aforesaid, or his Attourney, without taking such Bond and Security, and the same be pleaded at the time of Tryal before Issue joyned (and the Bond or a Certificate thereof from the Clerk cannot be produced or shewn forth) it shall be a good Plea for abatement of the Writt,Bond not given the Process to abate. and be accordingly allowed of by the Judges, any Law, Usage, or Custome to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid,

That every Attourney Commencing and Prosecuting any Suit in the name of any Stranger or other Person not Residing within the Province, shall be held and reputed in Law as the Principal in such Suit, and be liable to be Served with Process against his Estate or Person to a Review of any such Suit as the Principal himself might be,Attourneys to Strangers, liable in their own persons. if present in his own person: Provided such Action of Review be brought and commenced within Eighteen Months next following the time of the first Tryal, or Tryal upon an Appeal as aforesaid, and not afterwards.

And in all cases of like nature now depending, before Execution be granted, Security as aforesaid shall be given to respond & satisfy such Sum and Sums of Money that shall be Recovered upon a Review of any such Action,Cases depending alike directed. with the Costs arising thereon; and the Attourney that Commenced and Prosecuted any such Case, shall be liable as aforesaid to be Served with Process in his own Estate or Person to such Action of Review.

And be it further Enacted by the Authority aforesaid,

That if any Stranger or his Attourney, after Suit Commenced, or Judgment given as aforesaid, shall withdraw himself or keep out of the way, so as he cannot be Served with a Writ within the time before limited to Review the Cause: It shall be sufficient in Law to bring a Review of such Judgment at any time within Eighteen Months next after rendring of the same, upon Summons left at the House where such Stranger or Attourney Commenceing Suit in his name, had his usual abode within the Province, fourteen days before the Sitting of the Court: Proof of such Summons so left, being made upon Oath before the Court.

An Act, For the better discovery and more Effectual Suppressing of Unlicensed Houses.

[Page]

FORASMUCH as divers Ill disposed and Indigent Persons, the Pains and Penalties in the Laws already made not regarding, are so hardy as to presume to Sell and Retail Strong Beer, Ale, Cyder, Perry, Wine, Rhum, or other Strong Liquors or mixt Drinks, and to keep common Tipling Houses, therein Harbouring and Entertaining Apprentices, Indians, Negroes, and other idle ond dissolute Persons, tending to the ruin and impoverishment of Families, and to all Impiety and Debaucheries; And if Detected and Convicted of any such Offence, are unable to satisfy the Fine imposed by Law for the same: And cannot be punished by Imprisonment without wrong to their Families.

For Remedy whereof, and the more effectual Deterring & Suppressing of such Evil Practices.

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

That when and so often as any person being duely Convicted of keeping a common Tipling House, or Selling Strong Beer, Ale, Persons unable to pay the Fine to be Whip't Cyder, Perry, Wine, Rhum, or other Strong Liquors or mixt Drink by Retail, without Licence first orderly had and obtained for the same, shall be unable to answer and satisfy the Fine imposed by Law for such Transgression, together with the Charge of Prosecution; or that shall not pay such Fine and Charges (and likewise give Bond for the good Behaviour, if it be a second Conviction) within the space of twenty four hours next after Sentence declared in that respect: It shall and may be lawful to and for [Page] two Justices of the Peace, or the Court before whom the Conviction shall be, to Order such Offender to be openly Whipt with so many Stripes as in their Discretion shall be thought fit, not less than Ten, nor exceeding Fifteen for one Offence; And to Restrain the Offender in Prison, until the Fine and Charges as aforesaid are paid, or the Order for Corporal Punishment be Executed.

And be it further Enacted by the Authority aforesaid,

That it shall and may be lawful to and for any Grand-jurors, Constable, Tithing men, and the Officers imployed in and about the Excise,Officers power to seiz drink found in unlicensed houses. Ex Officio to enter into the House and Dependencies thereof, of any such person as aforesaid, suspected of Selling Strong Drink without Licence, having once been Convicted thereof, and taking with them such assistance as they shall think needful, to make search for Strong Drink, and finding any quantity of any kind of the Drinks herein before mentioned, to seiz and secure the same, so as it be within the space of one year next after such Conviction, and to Inform thereof at the next General Sessions of the Peace to be holden within the same County, or unto two Justices of the Peace (Quorum Unus) within the same; And if the quantity of Drink so seized shall be judged by such Court or Justices to be more than for the necessary use of the Family, and what their condition may reasonably allow them to Expend, or otherwise to have in their Custody: It shall and may be lawful to and for such Court or Justices to declare all such Drink to be Forfeited; one Moiety thereof unto the Party that Seized and Informed of the same, and the other Moiety to the Select-men or Overseers of the Poor of the Town where it was Seized, to the use of the Poor there, and to Order the Disposal thereof accordingly.

Provided nevertheless, That any person agrieved at the sentence of any two Justices for either of the Offences before-mentioned may Appeal there-from unto the next General Sessions of the Peace within the same County;Appeal from the Sentence of two Justices. Provided such Appeal be claimed in due time, and Security given in manner as the Law in such cases directs.

An Act, For the further Continuance of several Acts, relating to the Prosecution of the War.

[Page]

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

That the Act Entituled, An Act, For the Continuation of several Acts therein mentioned that are near Expiring;Prosecution of the Indian Enemy &c. made and passed at the Session of this present General Assembly, begun and held at Boston the Twenty ninth Day of May, last past: namely, An Act, For the Prosecution of the Indian Enemy and Rebels, and Preserving such as are Friends, with the several Proviso's and Additions thereto in the said Act of Continuation Expressed, shall be, and hereby are revived and further continued to be, remain and abide in full force unto the end of the first Session of the next General Assembly,Repeal of the Saving in Hampshire. to be begun and held on the last Wednesday of May, One Thousand Six Hundred Ninety Six, and no longer. Provided nevertheless, That the Saving in the said Act for Prosecution of the Indian Enemy, &c. referring to the County of Hampshire shall be,Indians found within 5 miles on the East side, or 20 miles on the West side [...] and hereby is Repealed.

And it is further Enacted.

That all Indians who shall be found within five mil [...] of Connecticut River on the Easterly side thereof [...] [Page] twenty miles on the Westerly side of the same, shall be deemed and accounted to be Enemies, and treated as such, and the same Reward and Allowance shall be made and given to any of His Majesties Subjects that shall kill, or take and bring in Prisoners any Indian or Indians found within the said Limits as by the said Act, and the Act for Continuation thereof is ordered and directed for any that shall be killed or taken within other parts of this Province, during the continuance of said Acts.

And be it further Enacted by the Authority aforesaid,

That the other Act mentioned in the said Act of Continuation,Assistance to be given to the Province of Hampshire. namely, The Act Entituled, An Act, For the giving Succours and Assistance to the Neighbouring Provinces and Colonies against His Majesties Enemies; to extend only unto Succours and Assistance for the Province of New-Hampshire as need may require; and the Governour, with the advice and consent of the Council shall direct and order: Be and hereby is Revived and further Continued to be, remain and abide in full force unto the end of the first Session of the next General Assembly to be begun and held on the last Wednesday in May, One Thousand Six Hundred Ninety six, and no longer.

An Act, For taking of Affidavits out of Court.

[Page]

FORASMUCH as it is often necessary, That Witnesses in Civil Causes be Sworn out of Court, when by reason of their going to Sea, living more than Thirty Miles distant from the place where the Cause is to be Tryed, Age, Sickness, or other Bodily Infirmity, they are rendred uncapable of Travail, and appearing in Person at the Court. To the intent therefore that all Witnesses may indifferently testify their certain knowledge, and the whole truth in the Cause they are to speak unto.

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

That for either of the Reasons before mentioned, and not otherwise, every Justice of the Peace,Adverse party to have notification. or others lawfully Commissionated and Impowred thereto, by two or more of the Justices of the Superiour or Inferiour Court respectively may take Affidavits out of Court, so as a Notification with reasonable time be first made out and delivered to the adverse Party (if within twenty miles of the place) or left at the place of his Dwelling or usual Abode, to be present at the time of taking such Affidavit, if he think fit: and every such Witness shall be carefully Examined and Cautioned to testify the whole truth; and being Sworn,No person interested or the Attourney to write Affidavits. the Justice shall attest the same, with the day, month and year of the Caption thereof, and that the adverse party was present (if so) or that a Notification was sent him, and shall Seal up the Testimony, and deliver it to the Party (if desired) at whose Request it was taken: And no Person Interested shall write or draw up the Testimony of any Witness in such Cause, nor any Attourney in his Clients Cause; And if it manifestly appear any Testimony to be Written or Drawn up by any Interested, or the Attourney in the Cause,Affidavits to be returned to the Court Sealed up or be returned from any Justice of the Peace by other hand than his own, into the Court where the same is to be used, unsealed, [Page] or the Seal having been broken up, all such Testimonies shall be rejected by the Court, and be utterly void, and of no Effect in Law.

And be it further Enacted by the Authority aforesaid,

Justices to grant Summons for Witnesses.That every Justice of the Peace shall be, and hereby is Impowred, upon Request to him made, to Grant Summons for the Appearance of any Witness before him in any Civil or Criminal Cause, where such Witness is Bound to Sea before the time of Tryal, and to take his Deposition in such Cause, the adverse Party being present, or Notification sent him as aforesaid.

Witnesses to Bonds & other writings may be Sworn without notification. Provided nevertheless, That Witnesses to Bonds, Specialties, Letters of Attourney, and other Instruments, in Writing under the Hand of the Party Executing the same, or to Accompts or Testimonies relating to Persons out of this Government, or to be sent beyond Sea, may be Sworn without such Notification as aforesaid.

And be it further Enacted by the Authority aforesaid,

Affidavits in perpetuam rei memoriam to be Sworn in Court or before 2 JusticesThat all Affidavits relating to the Possession of any Houses or Lands, or any other matter, in perpetuam rei memoriam, shall be made and taken before some Court of Record, or two or more Justices of the Peace, Quroum Unus.

And it is further Enacted,

Penalty for perjury.That all Persons For-swearing themselves in any such Affidavit taken as aforesaid, shall incur the same Penalties, as if they had been taken in open Court.

An Act, To prohibit the Exportation of Grain, &c.

[Page]

WHEREAS the Harvest in the Summer past▪ fell greatly short; so as it's feared there will not be a sufficiency of Grain, to serve the 0ccasions of the Province, untill the next Crop

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

That from and after the Publication of this Act, during the Continuance of the same; no Grain of any sort,Grain, Bisket or Flower laden with intent to be exported to be Forfeited. Bisket or Flower shall be Exported or Carried out of this Province by Land or Water (except what is brought from [...]he Western Towns to Hartford, in order to be Transported [...] thence to Boston) Nor shall any Grain, Bisket or Flower be laden or put on Board any Ship or other Vessel, or into any Carriage with intent to be Exported and Carried out of the Province by Land or Water, other than what shall be for the necessary Victualing of Ships and other Vessels Sayling out of this Province; on pain of Forfeiting all such Grain of every sort, Bisket and Flower: One Moiety thereof unto the Select-men or Overseers of the Poor in the Town or Place where the same shall be Seized, to the use of the Poor there, and the other Moiety to him or them that shall Inform and Sue for the same in any of His Majesties Courts of Record.

And all Officers imployed for the Entring and Clearing of Vessels, for the Duties of Impost and Tunnage,Officers to see that this Act be duely observed. for Observance of the Acts relating to Trade and Navigation, are hereby strictly Commanded and Required to see, that this Act be duely kept and observed, and to make Seizure of all Grain, Bisket and Flower about to be Exported or carried out of this Province contrary thereto.

[Page] Provided nevertheless, That it shall be in the power of the Governour and Council,Power in the Governour & Council to grant Licences. from and after the Tenth Day of March next, as they may find cause, to grant Licences to particular persons for Exportation of any kind of Grain, Bisket or Flower: this Act or any thing therein contained notwithstanding.

And for the better Encouragement to the bringing of Provisions into this Province.

Be it Enacted by the Authority aforesaid,

That all Vessels that shall Import Provisions (the major part of their Lading being such) shall be Exempted and freed from the Dutys of Tunnage for that Voyage.Vessels bringing in Provision freed from Tunnage. Any Law or Usage to the contrary notwithstanding.

And upon the Arrival of any Grain, Bisket or Flower, for Sale, in any Port or Harbour within this Province. The Owner, or Vender thereof shall not Sell or Dispose of the same in any greater quantity,Provision imported not to be Sold by whole Sale, untill the end of 3 dayes than six Bushels of Grain, or a Barrel, or half Barrel of Flower, or more than one Hundred Weight of Bisket to one person, until he shall first have given publick notice by a Cryer three dayes before-hand, of the kinds and place where such Provision is to be Sold; during which said three dayes, all persons shall have free liberty to Buy of the said Provisions in the like or lesser quantity, than what is before expressed, for the Supply of their Families, after the rate of the Whole-Sale price at that time, without any Exaction, that the Poor be not Oppressed.

Provided, That this Act shall continue in Force unto the end of the first Session of the next General Assembly, to be held upon the last Wednesday in May, One Thousand Six Hundred Ninety Six, and no longer.

FINIS.

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Title statement

Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston the twenty-ninth day of May, 1695. And continued by several adjournments until Wednesday the twentieth of November following. Anno regni Guilielmi tertii, Angliae, Scotiae, Franciae, et Hiberniae, regis, septimo.Laws, etc. (Session laws : 1695 Nov.)

Massachusetts.

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Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N00591

ID [TCP]

N00591

ID [STC]

Evans 721

ID [STC]

Wing M953

ID [NOTIS]

APW2116

ID [IMAGE-SET]

721

ID [EVANS-CITATION]

99007950

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Early American Imprints, 1639-1800 ; no. 721.

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(Evans-TCP ; no. N00591)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 721)

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— Acts and laws, passed by the Great and General Court or Assembly of His Majesties province of the Massachusetts-Bay, in New-England. Begun at Boston the twenty-ninth day of May, 1695. And continued by several adjournments until Wednesday the twentieth of November following. Anno regni Guilielmi tertii, Angliae, Scotiae, Franciae, et Hiberniae, regis, septimo., Laws, etc. (Session laws : 1695 Nov.), Massachusetts..

Extent

p. [2], 141-150 ; (fol.)

Printed by Bartholomew Green and John Allen, printers to the governour and Council.,. Boston. :: 1695.. (Pagination continues the session laws published from 1693 (Evans 649).) (Title vignette: royal arms.)

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