[Page]
[Page]

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-seventh of May, 1696. and continued by several Adjournments until Wednesday the Eighteenth of November following.

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

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

[Page 181]

Anno Regni Guilielmi Tertii, Angliae, Scotiae, Franciae, et Hiberniae, REGIS, Octavo.
An Act, For the Equal distribution of Insolvent Estates.

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

That when the Estate of any person Deceased shall be Insolvent or Insufficient to pay all just Debts which the Deceased owed, the same shall be set forth and distributed to and among all the Cre­ditors in proportion to the Sums to them respectively owing so far as the said Estate will extend, saving that the Debts due to the Crown,Saving the Sickness and necessary Funeral Charges of the Deceased are to be first paid. And the Executor or Administrator appointed to any such Insolvent Estate before payment to any be made (except as a­foresaid) shall Represent the Condition and Circumstances thereof unto the Judge for Probate of Wills, and granting of Administrati­ons; and the said Judge shall nominate and appoint two or more fit and indifferent persons to make a true and equal Appraisement of such Estate, and Administer an Oath unto them for that purpose;Apprisers to be Sworn and shall also nominate and appoint two or more fit persons to be Commissioners, with full power to Receive and Examine all Claims of the several Creditors, and how they are made out:Commissio­ners to re­ceive the Claims. And such Commissioners shall cause the times and places of their meeting to attend the Creditors for the receiving and examining of their Claims to be made known and published by Posting up the same in some publick places in the Shire Town of that County where such Decea­sed Person last dwelt, and of the two next adjoyning Counties. And six, twelve or eighteen months time (as the circumstances of any E­state may require) shall be allowed by the Judge unto the Creditors for bringing in their Claims, and proving their Debts: At the end of which limited time such Commissioners shall make their Report, and present a List of all the Claims unto the said Judge, who shall or­der them meet Recompence out of the Estate, for their care and la­bour in that Affair: And the Debts due to the Crown, Sickness, and necessary Funeral Charges as is herein before provided, being half subducted, shall order the Residue and Remainder of the Estate to be [Page 182] paid and distributed to any among the other Creditors that shall have made out their Claims in due proportion to the Sums unto them re­spectively Owing according as the Estate will bear; saving unto the Widow, if any be, her right of Dower according to Law in the Houses and Lands of the Deceased, the Widows Dower at the Expi­ration of her Term to be also distributed among the Creditors in a like proportion.

Provided, That notwithstanding the Report of any such Com­missioners,Debts may be contested at Common Law. or allowance thereof made, It shall and may be lawful to and for the Executor or Administrator, to contest the proof of any Debt at the common Law.

And no Process in Law (except for Debts due to the Crown, Sickness and Funeral Charges) shall be allowed against the Execu­tors or Administrator of any Insolvent Estate so long as the same shall be depending as aforesaid.Process Sus­pended whilest the Commission is depending.

And whatsoever Creditor shall not make out his or her Claim with such Commissioners before the full Expiration of the limited time, such Person shall be for ever after debarred of his or her Debt,Creditors ex­cluded that bring not in their Claims. unless he or she can find some further Estate of the Deceased's, not before discovered and put into the Inventory.

And be it further Enacted by the Authority aforesaid▪

That every Judge for Probate of Wills and granting Administra­tions within the respective Counties, be, and hereby is fully Autho­rized and Impowred to call before him, and to require and Admini­ster an Oath unto any Person or persons probably suspected by any Executor or Administrator to have concealed,Persons Sus­pected of concealment or Imbezel­ments to be Sworn. imbezel'd or conveyed away any of the Money, Goods or Chattels left by the Testator, or Intestate, for the discovery of the same. And in case any such sus­pected person was betrusted by the person Deceased, attended upon, or was otherwise conversant with or near unto him in the time of Sickness, or left in possession of the Estate whereby to strengthen and make the Suspicion more violent, and shall refuse to clear and acquit him or her self upon Oath. It shall and may be lawful for and the Judge is hereby Impowred to commit such Person so refusing to Sware,Penalty for refusing▪ unto the Goal of the County, there to remain until he or she shall comply to discharge him or her self upon Oath as aforesaid, or be released by consent of the Executor or Admi­mistrator.

Appeal Saving unto any Person agrieved at any Sentence, Order or Decree, made by the Judge of Probate, Liberty of an Appeal unto the Governour and Council; Such Appellant giving Bond in a reasonable Sum with Sufficient Security to prosecute his Appeal with Effect and to abide and perform the determination that shall be made thereupon.

[Page 183]

An Act, For the due Assize of Bread.

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

That henceforth every Loaf-Bread Baker shall have a distinct mark for his Bread, and keep the due Assizes hereafter expressed as well for what he Bakes for Sale, as to be spent in his Family. That is to say, The Assize of Bread shall be rated according to the middle Price of Wheat not to be altered but upon the increasing or decreasing of Six Pence in the Sale of a Bushel: The Penny Loaf to weigh by Averdupoize weight as is hereafter mentioned, according to the different prices of Wheat by the Bushel.

Viz. Price of WheatWeight of penny white loaf,Weight of penny wheaten,Weight of penny houshold.
s.d.oz.dr.oz.dr.oz.dr.
At 3 114172230
36102153204
4 092137184
46083125166
5 075114153
56071105142
6 064097131
66060090120
7 056085114
76052081104
8 050074100
86046071094
9 044066090

And so proportionably under the penalty of forfeiting all such Bread as shall not be of the several Assizes afore-mentioned, to the use of the poor of the Town where the same shall be Seized, and otherwise as is hereafter expressed.

And for the better discovery and more effectual preventing of fraud and deceit in the Assize of Bread.

Be it Enacted by the Authority aforesaid,

That the Clerks of the Market in each Town within this Pro­vince, or any one of them, shall and are hereby impowred and re­quired [Page 184] once every week or oftner as they shall see cause, to enter into any Shop or Place where Bread is usually Sold or Baked for Sale,Clerks of the Market pow­er & duty. and to weigh the same; and all such Bread which they shall find under the due Assize according to the proportion before mentioned, or not being marked, to make Seizure of, and deliver two third parts thereof unto the Select-men or Overseers of the poor in such Town, for the use of the poor within the same; and the Officer to have the other third for his pains. And the Constable or Constables of such Town are hereby ordered to be aiding and assisting unto such Clerk or Clerks of the Market for the due Execution of their Office, when he or they shall be thereunto required.

And be it further Enacted,

That the Select-men in each Town where Bread is Baked for Sale,Select men to state the price of Wheat. shall once a month, or oftner, as they shall see cause, In­quire, State and Record the middle price of Wheat, and cause the same to be made known by posting it up in some publick place or places within such Town, and the Bakers shall accor­dingly regulate the Weight of their Bread after the Assizes here­in before-mentioned.

And be it further Enacted by the Authority aforesaid,

That all Bisket Sold by Tale shall be alike marked and made of the same Assize with the penny-loaf,Bisket Sold by Tale to be Markt & of due Assize on pain of Forfeiture as aforesaid. And the Clerks of the Market are hereby requi­red and impowred to Weigh all such Bisket, and to make Seizure of all that shall be un-marked or under Weight, to be imployed and disposed of as aforesaid; and all Bisket Sold by Weight shall be dried fit for the Sea.

An Act, For making of Lands and Tenements liable to the payment of Debts.

WHEREAS the Estates of Persons within this Pro­vince do chiefly consist of Houses and Lands, which give them Credit, some being remiss in paying of their just Debts, and others hapning to dye before they have discharged the same.

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

[Page 185]That all Lands or Tenements belonging to any person in his own proper right in Fee, shall stand Charged with the payment of all just Debts owing by such person, as well as his personal Estate,Lands [...] Tenements liable to Ex­ecution. and shall be liable to be taken in Execution for Satisfaction of the same; where the Debtor or his Attorney shall not expose to view and tender to the Officer personal Estate sufficient to answer the Sum mentioned in the Exe­cution with the Charges.

And all Executions duely Served upon any such Houses and Lands,Execution duely Served & Recorded to make a good Title. being returned into the Clerks Office of the Court out of which the same issued and there Recorded, shall make a good Title to the Party for whom they shall be so taken, his Heirs and Assigns for ever. Also where the Goods and Chat­tels belonging to the Estate of any person Deceased, shall not be sufficient to answer the just Debts which the Deceased Owed, or Legacies given: Upon Representation thereof, and making the same to appear unto the Superiour Court of Judi­cature holden for or within the County where such Deceased Person last dwelt; the said Court are hereby Impowred to Licence and Authorize the Executor or Administrator of such Estate to make Sale of all or any part of the Houses and Lands of the Deceased so far as shall be necessary to satisfy the just Debts which the Deceased owed at the time of his Death:Justices of the Superiour Court Im­powred to Licence the Sale of Lands &c. And Legacies bequeathed in and by the last Will and Testament of the De­ceased. And every Executor or Administrator being so Licen­ced and Authorized as aforesaid, shall and may by virtue of such Authority, Make, Sign and Execute in due form of Law Deeds and Conveyances for such Houses and Lands as they shall so Sell; which Instruments shall make a good Title to the Purchaser, his Heirs and Assigns for ever.

Provided Nevertheless,Debts to the Crown to be first paid. That any Debt or Debts due to the Crown from any such Estate, shall be first secured and paid out of the same.

And be it further Enacted by the Authority aforesaid,

That when any person or persons shall make Sale or other Alienation of any Lands or Tenements to him of right belonging,Fraudulent Deeds to be void. with intent to defeat and defraud his Creditors of their just Debts not bona fide for good and valuable consideration truly paid. All such Sales and Alienations are to be deemed [...] and fraudulent, and shall be of none Effect to Bar any Creditor from such Debt as is to him Owing.

[Page 186]

An Act, To prevent the destroying and Murthering of Bastard Children.

WHEREAS many Lewd Women that have been Delive­red of Bastard Children, to avoid their shame, and to escape punishment, do secretly Bury or Conceal the Death of their Children, and after, if the Child be found Dead, the said Woman do alledge that the said Child was Born Dead, whereas it falleth out sometimes (altho hardly it is to be proved) that the said Child or Children were murthered by the said Women their lewd Mothers, or by their assent or procurement.

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

That if any Woman be Delivered of any Issue of her Body, Male or Female, which if it were born alive, should by Law be a Bastard; and that she endeavour privately, either by Drowning or secret Burying thereof, or any other way; either by their self, or the procuring of others so to conceal the Death thereof, that it may not come to light, whether it were Born alive or not, but be con­cealed. In every such case the Mother so offending, shall suffer Death, as in case of Murther: Except such Mother can make proof by one Witness at the least, that the Child whose Death was by her so intended to be concealed, was Born Dead.

[Page 187]

An Act, Against High Treason.

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

That if any person or persons shall compass or imagine the Death of Our Soveraign Lord the King, or of Our Lady His Queen,Compassing or imagining the Death of the King &c. or of [...]he Heir apparent to the Crown. Or if any Person shall Levy War against Our Lord the King, or be adherent to the Kings Ene­mies, giving them aid and comfort in the Realm or elsewhere, and thereof be probably attainted of open deed by his Peers upon the Testimony of two lawful and credible Witnesses upon Oath brought before the Offender face to face,Levying War against the King. at the time of his Arraignment, or voluntary Confession of the Party Arraigned. Or if any Person or Persons shall counterfeit the Kings Great or Privy Seal, or the Seal of this Province, and thereof be duely Convicted as aforesaid. Then every such Person and Persons so as aforesaid offending,Counterfeit­ing the Kings great Seal &c. shall be deemed declared and adjudged to be Traitors, and shall suffer pains of Death, and also loose and forfeit as in cases of High Treason.

And be it further Enacted by the Authority aforesaid,

That the Tryal of all and every person and persons whatsoever Accused,Tryals to be Regulated according to the Law of England, in cases of Trea­son, &c Indicted and Prosecuted for High Treason and Misprision of such Treason, shall be regulated according to the Act of Parlia­ment made in the Seventh Year of His Present Majesties Reign, Entituled, An Act, For Regulating of Tryals in cases of Treason and Mis­prision of Treason: And the Party so accused, indicted and prosecuted, to be allowed the benefits and priviledges in and by the said Act, granted and declared.

[Page 188]

An Act, In Addition to the Act for preventing of Common Nusances arising by Slaughter Houses, Still-Houses, &c.

FOR the better preventing of Desolation by Fire that may happen, by Drawing of Spirits, or melting down of Tallow.

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

That if any Distiller or Tallow Chandler shall presume to Set up any Still or Stills for the drawing of Spirits, Copper or Furnace for the melting of Tallow or make use of any Still, Copper or Furnace for either of the said Ends in any House or Place other than such as are or from time to time shall be assigned for that purpose by the Select-men of the Town, with two or more Justices of the Peace contrary to the intent of the said Act;Court of Quarter Ses­sions impow­red to cause Stills for drawing of Spirits or Furnaces for melting of Tallow set up without Order to be taken down. Every person and persons so offending, and being thereof duely convicted before His Majesties Justices in the Court of General Sessions of the Peace within the same County, shall not only incur the penalty or Fine in the said Act mentioned; but shall also enter into Recognizance to take down such Stills, Coppers or Furnace; and in default of entring into Re­cognizance as aforesaid, to be committed to Prison until he do cause the same to be taken down; or else such Stills, Coppers or Furnaces shall be taken down by order of the said Court, and the Charge thereof to be levied by distress and Sale of such Offenders Goods, returning the Overplus, if any be.

AN ACT, In Addition to the Act, for Regulating Ferries.

WHEREAS there is a constant Recourse of Travellers and others for Passage over the Ferry's betwixt Boston and Charlstown, and betwixt Boston and Winisimet. Therefore [...] prevention of the great Inconvenience and Damage that doth or may happen to persons by being hindred and delayed at the said Ferry's for want of speedy Transportation over the same.

[Page 189] BE it Enacted by the Lieutenant Governour▪ Council and Representatives, in General Court Assembled, and by the Authority of the same.

That the person or persons that are, or from time to time shall be imployed for keeping Winisimet Ferry, [...] at [...] Ferry. shall constantly maintain a good Boat or Boats in good repair suitable for the said Ferry on each side of the Water, and that such Boats whether there be any Passengers in the same or not, shall put off from their respective Shoars to go to the other side upon each day in the week (the Lords Day excepted) at the Hours of five, seven, nine and eleven a Clock before noon; and at one, three, five and seven of the Clock after noon, throughout the whole Year, so as it be within day light: On pain, That every such Ferry-man or Ferry-men be­ing complained of and convicted before any one or more of His Majesties Justices of the Peace of Neglect of his Duty in not crossing the said Ferry at the several times and hours before-mentioned, shall forfeit and pay the Sum of Twenty Shillings,Penalty for Ferry mens neglect. one half to the Infor­mer or Complainant, and the other half to the use of the poor of the Town of Boston. And such Justice or Justices may restrain the Of­fender or Offenders until he or they shall pay the said Sum.

And be it further Enacted,

That all Posts and Expresses for His Majesties Service and other persons having extraordinary Business as in cases concerning Life and Death,Posts &c to be speedily transported. shall be speedily Transported over the said Ferry at any time or season without delay, on the penalty aforesaid, any thing herein before contained to the contrary notwithstanding.

Provided nevertheless, That such Ferry-man or Ferry-men shall not be obliged to put off from their respective Shoares,Saving for Stormy sea­sons. and pass the said Ferry at any of the times or hours before stated, if it manifestly appear to be hazardous for them so to do by reason of any Storm or Tempest, or that in the Winter the Ice do hinder the passing of any Boat across the said Ferry.

And Be it further Enacted by the Authority aforesaid,

That when and so often as it shall happen,At Charle­stown Ferry, two Boats not to lye on the same Shore. That the Boats imployed for the Ferry betwixt Boston and Charlstown, shall be on the same Shore, upon the Landing of the second Boat, the first shall forthwith put off, and pass over to the other side, Passengers or no Passengers, on the like Penalty herein before expressed, and to be disposed of as aforesaid, to the use of the Poor of Boston or Charl­stown respectively.

[Page 190]

An Act, To supply the defect in the Law referring to the choice and power of Tythingmen, Enacted at the Session of the General Court in February, Anno. 1693.

WHHEREAS it is provided in and by the said Act, That if any Person Chosen to the Office of Tything­man, shall refuse to take his Oath, or Serve therein, he shall forfeit and pay the Sum of Forty Shillings, the said Forfeiture to be Levied by Distress and Sale of such Persons Goods: but no provision is made how to come at the said Forfeiture, if no Goods of such Persons can be found to Distrein for the same.

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

Persons cho­sen to the Of­fice of Ty­thingmen to be commit­ted, where no Goods can be found to Sa­tisfy the Fine.That in every such case where no Goods can be found whereon to make Distress, it shall and may be lawful, to and for the Officer, to Seize the Body of the Offender, and him Commit unto the Prison, to be there kept, until he shall answer and pay the said Fine or For­feiture, with the Charges of Levying the same; And the Warrant directed to the Officer for Levying thereof shall contain in it such a Command: Any Law or Usage to the contrary notwithstanding.

[Page 191]

An Act, For Granting unto His Majesty a Tax upon Polls and Estates.

WE His Majesties Loyal and Dutiful Subjects the Representatives of this His Majesties Province of the Massachusetts-Bay in New-England, Convened in General Assembly; For and towards the Repair of His Majesties Castle upon Castle Island near Boston; For the making and Erecting such further Addition as may be necessary in Batteries, and Vaults for defence and security of the same, and Support of the Garrison there; For the Subsistance and paying of Wages to Seamen and Souldiers, and payment for Vessels hire, that have been, are, or shall be imployed in His Majesties Service, for the Defence of this His Province, and the Vigorous Pro­secution of the War against His Majesties Enemies; For the procuring of Ammunition and other Stores of War; For the payment of such Salaries Grants and Allowances as have been, or shall be made by the General Court or Assembly, and all such Allowances and payments as are, or shall be directed by any Act of this Province, to be made out of the Publick Treasury; For the Support of the Government and answering of the incident and contingent Charges thereof, and for no other ends or intents whatsoever: Do Unanimously Grant unto His most Excellent Majesty, A Tax of Nine Thousand Six Hun­dred and Nineteen Pounds, Ten Shillings in Money, to be Levied upon Polls and Estates, both Real and Personal within the said Province, as in and by this present Act for the manner and proportion thereof is directed and set forth.

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

That the Treasurer do seasonably Send out his Warrants directed unto the Select men, Trustees or Assessors of each respective Town or Precinct within this Province: Requiring them to Assess the Sums therein set and proportioned unto such Town or Precinct, upon all Rateable Male Polls, above the Age of Sixteen Years (except El­ders of Churches, Settled Ministers, the Praesident, Fellows, and [Page 192] Students of Harvard Colledge, Grammar School-Masters, and such who through Age, Infirmity, or extream Poverty in the Judgment of the Assessors, Select-men or Trustees are rendered incapable to Contribute towards publick Charges) and upon all Estates both Re­al and Personal, lying within the Limits and Bounds of such Town or Precincts, and next unto the same (Not paying elsewhere) in whose hands or possession soever the same shall be found in just and equal proportion as near as may be according to their best judgment and discretion, making no difference as to the Sum set upon Polls: All Indian Melatto and Negro Servants to be Estimated as other Per­sonal Estate, and to make two distinct Lists of the Assessment of said Sum upon the Polls and Estates within such Town or Precinct each List containing one just half of the said Towns or Precincts proportion to this Tax, therein setting forth what each particular person is to pay towards the same against his or her Name respect­ively, and the Lists so perfected and signed by the said Assessors, Select-men or Trustees, or the major part of them to Commit to the Collector, Constable or Constables of such Town or Precinct, as also to return a Certificate of the Name or Names of such Collector, Constable or Constables, together with the Sum total of the List or Lists to each of them respectively Committed unto the Treasurer some time before the Tenth Day of April next Ensuing. And the Treasurer upon Receipt of such Certificate, is hereby Impowred and Ordered to Issue forth his Warrant or Warrants to the said Collector, Constable or Constables, requiring him or them respectively to Col­lect the Sum total of one of the said Lists, and to pay the same into the Treasury, and Issue the Accompts thereof with himself or his Successors in said Office, at or before the last day of May next En­suing. Also to Collect the Sum total of the other of the said Lists, and pay the same in, and Issue the Accompts thereof as aforesaid, at or before the first day of August next following. And the Trea­surer is hereby also directed to send his aforesaid Warrants inclo­sed to the Sheriff or Marshal of each respective County, who is hereby required immediately to disperse and transmit the same unto the Select men, Trustees, Assessors, Constables or Collectors of the several Towns and Precincts, according to the directions thereof; and for his said Service, Charge and Expences therein, shall have a reasonable allowance ordered him by the Court of Quarter Ses­sions in such County, out of the County Treasury, upon his lay­ing the Accompt thereof before them.

And be it further Enacted by the Authority aforesaid,

That each Town and Precinct within this Province shall be Assessed and pay as its proportion to this present Tax the Sums hereafter following.

That is to say, [Page 193]

in the County of SUFFOLK.
 l.sd.
Boston, One Thousand Eight Hundred & Sixty Pounds.18600000
Dorchester, One Hundred Ninety Five Pounds.1950000
Roxbury, One Hundred Fifty Nine Pounds.1590000
Milton, Ninety Three Pounds.930000
Brantrey, One Hundred Fifty Six Pounds.1560000
Weymouth, One Hundred and Five Pounds.1050000
Hingham, One Hundred Fifty Six Pounds.1560000
Dedham, One Hundred and Seventeen Pounds.1170000
M [...]field, Ninety Pounds.900000
Wrentham, Thirty Pounds.300000
Mendon, Eighteen Pounds.180000
Hull, Forty Eight Pounds.480000

In the County of ESSEX.
Salem, Four Hundred and Twenty Pounds.4200000
Ipswich, Four Hundred and Thirty Five Pounds.4350000
Newbury, Three Hundred and Eighteen Pounds.3180000
Salisbury, Seventy Two Pounds.720000
Topsfield, Seventy Eight Pounds.780000
Amsbury, Twenty Seven Pounds.270000
Haverhill, Seventy Eight Pounds.780000
Andover, One Hundred and Fourteen Pounds.1140000
Bradford, Thirty Six Pounds.360000
Boxford, Fifty Four Pounds.540000
Marble head, One Hundred Seventy One Pounds.1710000
Lynn, One Hundred Sixty Eight Pounds.1680000
Wenham, One Hundred and Eight Pounds.1080000
Beverly, One Hundred and Twenty Pounds.1200000
Glocester, Seventy Eight Pounds.780000
Manchester, Eighteen Pounds.180000
Rowley, One Hundred and Eight Pounds.1080000

In the County of MIDDLESEX.
Charlstown, Three Hundred Pounds.3000000
Cambridge, One Hundred Eighty Nine Pounds.1890000
Watertown, Two Hundred Eighty Two Pounds.2820000
New-town, One Hundred and Five Pounds.1050000
Sudbury, One Hundred and Twenty Pounds.1200000
Marlborough, Eighty Four Pounds.840000
Medford, Forty Two Pounds.420000
Malden, Ninety Pounds.900000
Wooburn, One Hundred Forty Four Pounds.1440000
Reading, One Hundred and Two Pounds.1020000
Billerica, Fifty One Pounds.510000
Chelmsford, Seventy Two Pounds.720000
Concord, One Hundred and Fifty Pounds.1500000
Stow, Fifteen Pounds.150000
Groton, Thirty Three Pounds.330000
Lanchester, Twenty Seven Pounds.270000
[...], Fifty One Pounds.510000

In the County of Plymouth.
Plimouth, One Hundred and Eleven Pounds.1110000
[...], One Hundred Sixty Two Pounds.1620000
Marshfield, Eighty Seven Pounds.870000
Duxbury, Seventy Eight Pounds.780000
Middleborough, Thirty Pounds.300000
Bridgwater, Seventy Five Pounds.750000

In the County of Barnstable.
Barnstable, One Hundred Twenty Six Pounds.1260000
Yarmouth, Seventy Eight Pounds.780000
Eastham, Eighty Four Pounds.840000
Sandwich, Ninety Six Pounds.960000
Falmouth, Twenty One Pounds.210000
Manamoit, Twenty One Pounds.210000
Harwich, Thirty Six Pounds.360000
Rochester, Eighteen Pounds.180000

In the County of Bristol.
Bristol, Sixty Six Pounds.660000
Taunton, One Hundred Twenty Six Pounds.1260000
Dartmouth, One Hundred Thirty Two Pounds.1320000
Freetown, Fifteen Pounds.150000
Re [...]both, One Hundred and Two Pounds.1020000
Attleborough, Fifteen Pounds.150000
Swansey, One Hundred and Five Pounds.1050000
Little Compton, Sixty Six Pounds.660000
Tiverton, Twenty Four Pounds.240000

In the County of Hampshire.
Springfield, One Hundred and Fourteen Pounds.1140000
Northampton, One Hundred and Two Pounds.1020000
Hadley, Seventy Eight Pounds.780000
Hatfield, Sixty Three Pounds.630000
South field, Twenty Four Pounds.240000
Westfield, Thirty Nine Pounds.390000
Enfield, Six Pounds.60000

In the County of York.
York, Twelve Pounds.120000
Wells,000000
Kittery, Thirty Six Pounds.360000

In Dukes County.
Edgar-Town, Forty Pounds, Ten Shillings.401000
Tisbury, Twenty Seven Pounds.270000
Chi [...]mark, Twenty Seven Pounds.270000
Nantuckett, Ninety Pounds.900000

[Page 195] And be it further Enacted by the Au­thority aforesaid,

That each Town and Precinct at their next Annual Meeting directed by Law for the Choice of Town Officers, shall Choose three,Assessors to be chosen at the Annual Meeting for choice of Town Officers five or seven able & discreet persons, being Free-holders within the same (each person by common esteem to be worth at least One hundred and fifty pounds in real and personal Estate) to be the Assessors of such Town or Precinct, for the [...] proportioned and set upon them in and by this Act; And all and every person and per­sons so Chosen for Assessors, and accepting thereof, shall take the Oath following. That is to say,

YOU A. B. being Chosen an Assessor for the Town of C. for this pre­sent Tax, Do Swear, That in the discharge of said Trust, Oath you will deal impartially and equally therein, in proportioning the Sum to be Assessed upon the said Town, after the best of your discretion and judgment. So help you God, &c.

Which Oath the Town-Clerk of each Town or Precinct,Selectmen or Trustees to be Asses­sors in case. where there is no Justice of the Peace, is hereby impowred to administer. And if the Inhabitants of any Town or Precinct shall not Convene at the Time appointed by Law for Annual Election of Town Officers, or being so Convened, shall neglect or refuse to choose Assessors as aforesaid, or that the Assessors so chosen shall refuse to accept of the said Trust; the Select-men or Trustees for the time being of such Town or Precinct, shall be, and are hereby declared the Assessors of the same, and shall seve­rally take the Oath before-mentioned. And every Assessor attend­ing the Service aforesaid, shall be paid by the Town Treasurer or out of the Town-Stock, Two Shillings Per Diem for each day he necessarily attends said Service.

And be it further Enacted,

That if the Assessors of any Town or Precinct shall neglect or re­fuse to perform the Service required of them by this Act, they shall pay the Sum set and proportioned upon such Town or Precinct,Penalty for neglect of duty in Asses­sors, Consta­bles &c. in and by this Act, to be Levied by distress and sale of the Estates real or personal of such defective Assessors by Warrant from the Treasurer directed to the Sheriff or Marshal of the County in which such Town or Precinct lies, and for want of Estate, their Bodies to be taken and imprisoned, until they pay the same. And all Sheriffs, Constables or Collectors failing of performing the Duty and Service of them hereby respectively required, shall be liable and subject unto the like pains, Penalties and Forfeitures to be prosecuted and recover­ed of them in the same way and manner as in and by any Act or Acts of the General Assembly, or any clause, branch or article there­of are set, declared and described.

[Page 196] And be it further Enacted by the Au­thority aforesaid,

That where any person or persons being Inhabitants or Dwellers in any Town or Precinct within this Province, at the time of making this present Tax, and being Assessed thereunto, shall be about to re­move themselves or Estate from thence before the time herein pre­fixed for paying in the same into the Treasury.Persons a­bout to re­move, to pay such full pro­portion to the Lists. It shall and may be lawful, to and for the Constable or Collector for the same Town or Precinct, to demand and levy the whole Sum and Sums as such per­son or persons shall be assessed at in the List and Lists to him com­mitted, notwithstansting the time for collecting and paying in the second part of the said Tax may not then be come. And in de­fault of payment, to distrein for the same, or to take any other way or course by Law directed for the obtaining thereof.

And Whereas there is Owing unto the Treasury in part of the Town of Northamptons proportion to a Tax granted in the Year One Thousand Six Hundred Ninety One, the Sum of Seven Pounds seventeen shillings and Nine pence committed to John Clark then Constable of said Town to Collect, and afterwards by the Select-men abated out of the List to him given.

Be it Enacted by the Authority aforesaid,

That the said Sum of Seven Pounds Seventeen Shillings and Nine pence, be, and hereby is added unto the said Towns pro­portion herein mentioned to this present Tax, which will make up their whole Sum One Hundred and Nine Pounds Seventeen Shillings and Nine pence to be Assessed upon the said Town,Northamp­tons Addition of 7 16 9 as by this Act is directed. And the Treasurer is Ordered and Au­thorized to issue out his Warrants to said Town accordingly. And the said John Clark is hereby fully discharged of and from the said Sum of Seven Pounds Seventeen Shillings and Nine pence,John Clark discharged. and all Process or Executions heretofore granted by the Treasurer, and Served upon him or his Estate for the same are hereby declared to be void and of none Effect.

And for the better inabling the Treasurer to inforce the bringing in the Moneys herein Granted or due from any Town or Precinct, or in the hands of any Sheriff, Constable or Collector.

Be it Enacted by the Authority aforesaid,

That the Treasurer be and hereby is impowred to take, use and Exercise as well all such Rules, Directions, Powers, and Authorities,Treasurers power. as have heretofore been given him in and by any Act or Acts, of the General Assembly, or in any Clause, Branch [Page 197] or Article thereof, as in and by this present Act, for the obtaining and drawing into the Treasury the Money herein Granted, as also the Arrears of all former Rates, [...] fully and Effectually, as if the same Directions, Powers and Authorities, had herein been again particularly recited and Re-enacted, and notwith­standing any limitation or restraint thereof in or to the par­ticular Act or Acts wherein the same are enumerated, set down and expressed.

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,Three Thou­sand Pounds in Bills to be issued forth. of the late Colony of the Massachusetts, Endorsed 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, toward the Uses for which this present Tax is granted; which Bills shall pass out of the Treasury at the Value therein Ex­pressed, the Treasurer to have Credit in his Accompts 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 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 Expressed: And this present Tax to be 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.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.