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

Begun at Boston the Twenty seventh Day of May, 1696. and continued by Adjournment until Wednesday the Sixteenth of September following.

Anno Regni Guilielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae, REGIS, Octavo.


Printed by Bartholomew Green, and John Allen, Printers to the Governour and Council. 1696.

An Act, for the Reviving & Establishing of Judicatories & Courts of Justice: And the Forms of Writts & Processes.

WHEREAS His Majesties Pleasure hath been signified for the Repealing and making Void an Act made and passed by the Great and General Court or Assembly, Anno, One thousand six hundred ninety two, In the Fourth Year of the Reign of His present Majesty, and the late QUEEN MARY His Royal Consort, of Blessed Memory, Entituled, An Act, For the Establishing of Judicatories and Courts [Page 178] of Justice within this Province: Also for the Repealing & making Void one other Act, passed at the same Sitting of the [...] Entituled, An Act, For the Establishing of Presidents and Forms of Writts and Processes: With the particular Reasons of His Majesties disallowance of said Acts, for the Information and Direction of the General Assembly; and the Amendments and Considerations neces­sary for the Supply thereof. And whereas it is absolutely necessary that speedy Provision be made, That His Majesties Subjects may not suffer for the want of due Course of Justice.

Be it therefore Enacted by the Lieutenant Governour, Council and Representatives, Convened in General Assembly, and by the Authority of the same,

That the before-mentioned Act, Entituled, An Act, For the Esta­blishing of Judicatories, and Courts of Justice within this Province; and all and singular the Paragraphs, Articles, Clauses and Sentences there­of (except the Paragraph for Constituting a Court of Chancery, and such other Articles, Clauses and Sentences in the said Act, as have been heretofore Repealed, Altered, or otherwise provided for, in and by any other Act or Acts of the General Assembly of this Province, or which in and by this present Act shall be altered other­wise provided for, or declared to be null and void) Be and hereby are Revived and continued to abide and remain in full force and virtue until the end of the first Session of the General Assembly to be Begun and Held upon the last Wednesday of the Moneth of May next, in the Year of our Lord, One Thousand Six Hundred Ninety Seven, and no longer.

Provided nevertheless, That the words (and no other) in the Section or Paragraph of the said Act providing for liberty of Appeal unto His Majesty in Council, be, and hereby are declared void and of none effect.

Provided also, That the Courts of Common Pleas, and General Sessions of the Peace, appointed in and by the said Act, to be Held for the Island of Martha's-Vineyard, be there now held and kept for Dukes County, the said Island, and adjacent Islands being constituted a County, by the name of Dukes County, by a late Act of the Ge­neral Assembly.

And Whereas several Courts to have been held and kept according to the Establishment in the said Act, by reason of disallowance thereof, have been discontinued.

Be it further Enacted by the Authority aforesaid,

That all Parties that had day by any Pleas, Writs, Bills, Actions, Suits, Plaints, Process, or other thing or things whatsoever at any Court or Courts to have been Hold and Kept at the several dayes & times according to the Establishment by Law, and that have been or shall be discontinued by reason of the not holding any of the said Courts, shall respectively appear at such next Court to be holden within or for the same County, under the penalty of forfeiting any [Page 179] Obligations or Recognizances conditioned for the appearance of the said Parties at the aforesaid Courts respectively so discontinued, or [...] any other penalty that might have incurred upon the said Par­ [...]or not appearing at any of the said Courts, if the same had been [...] and kept at time or times as aforesaid.

And be it further Enacted [...]y the Authority aforesaid,

That the Act Entituled, An Act, For the Establishing of Presidents and Forms of Writs and Processes, and all and singular the Forms, Articles, Clauses, Matters and Things therein contained, with the Alterations and Amendments heretofore made, and herein after mentioned, Be, and are hereby revived and continued to abide and remain in full force and virtue until the end of the first Session of the General As­sembly to be begun and held upon the last Wednesday of the Month of May next, in the said Year of our Lord One Thousand Six Hun­dred Ninety Seven, and no longer.

Provided nevertheless, That all Writts and Process shall bear the [...], and be Issued in His Name only.

Provided also, That the words Forty Pounds Sterling in the Pre­cept to be Issued by the Sheriffs or Marshals respectively for Electing of Representatives to Serve in the General Assembly, be, and hereby are altered and the words Fifty Pounds Sterling be inserted instead thereof in the said Precepts to be hereafter Issued: Any former Law, Usage or Custom to the contrary notwithstanding.

AN ACT, For the further continuing of an Act, Entituled, An Act to prohibit the Exportation of Grain &c. & to prohibit the Malting of Barley and Rye.

WHEREAS the present Harvest, through the Holy and Righteous Hand of God has been much diminished and cut short, and will scarcely supply the Occasions of the Pro­vince in the Ensuing Year.

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

That the Act to Prohibit the Exportation of Grain, Bisket and Flower, Made and Passed at the Session of the Great and General Court or Assembly in November, One Thousand Six Hundred Nine­ty Five. In the Seventh Year of His present Majesties Reign, En­tituled, An Act, To Prohibit Exportation of Grain, &c. and all the Branches, Articles, Clauses, Powers, Penalties and Proviso's therein contained, be, and hereby are revived and further continued to abide and remain in full force, during the continuance of this Act.

[Page 180] And be it further Enacted by the Authority aforesaid,

That from and after the Publication hereof, no Barley or Rye [...], or wet in order to Malting within this Province, on pain of Forfeiting the same two thirds thereof unto the Select men or Overseers of the Poor in the Town where it shall be Seized, to the use of the Poor of such Town; and the other third to him or them that shall Seiz, Inform or Sue for the same by Bill, Plaint or Informa­tion, in any of His Majesties Courts of Record, within the County where the same shall be Seized; And every Justice of the Peace in the County where he Resides upon Complaint or Information to him given of any Malt made, or Barley or Rye wet in [...] to Making contrary to this Act, is hereby Authorized to grant his Warrant di­rected unto the Sheriff of the County, or Constable of the Town to enter any House or Houses in the day time where the same shall be, and to cause Seizure thereof to be made to be proceeded against, and disposed of as is before directed.

Provided nevertheless, That this Act shall continue in Force until the end of the next Sitting of the General Assembly, & no longer.

AN ACT, For a more speedy supply of the Treasury, until a Tax can be Raised.

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

That the Treasurer be, and hereby is Impowred to Issue forth the Sum of Two Thousand Pounds in the Endorst Bills of Publick Cre­dit, for the answering of such Payments as shall be orderly demanded from the Treasury for the Ends mentioned in the Act for the Tax granted by this Court at their Session begun the Twenty-seventh day of May last; 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, having been received into the Treasury at that value, and the said Bills shall be taken and accepted in all Publick Payments, with the advance of Twelve-pence on the Pound over and above the Sum therein exprest. And the Duties of Impost, Excise and Tunage of Shiping are 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 current Money of this Province.


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