An Act, For puting the Militia of this Province into a readiness for defence of the same.

WHEREAS the Law has already provided in case of Alarm made either from a Sea Port or other Town, lying Frontier to, or in danger of the Enemy; That the Captain or Captains of the adjacent Towns shall forthwi [...]h go or send such Relief as they shall judge meet for the Offence of the Enemy and Defence of themselves, &c. But forasmuch as in this time of danger, there may be Occasion to call together, Arm, Array and put into a Posture for War, the whole Militia and Forces within the seve­ral Counties, for the necessary defence of the Province in case of Invasion, or sudden approach of the Enemy, before the notices thereof can reach the Commander in Chief, to have directions or Order: from him for the same.

Be it therefore Enacted and Declared by the Lieutenant Governour and Commander in Chief, by and with the advice and consent of the Council and Representatives, Commission Military Of­ficers im­powred to encounter & pursue the Enemy. in Ge­neral Court Assembled, and by the Authority of the same,

That all Persons Commissioned by the Commander in Chief to bear Office in any Military Regiment, Company or Troop within this Province: Be and hereby are Impowred and Authorized by virtue thereof (agreeable to Instructions by him already given to the Chief Officer of the several Regiments) as Occasion shall require, in the cases and to the intents and purposes abovesaid, to Arm, Array and Weapon the Regiment, Company or Troop respectively under their Command, or part of them; and by force of Arms to en­counter, repel, pursue, kill and destroy,Colonel or other Chief Officer of a Regiment Impowred to arme the Re­giment or part thereof for repelling & pursuing the Enemy &c any of the French and Indian Enemy. So always as to be observant of such Commands and Orders, as they shall receive from their Superiour Officer, and to dispatch away to him speedy notice of their Motion and the Occasion thereof.

And that the Colonel or Chief Officer of each Regiment Com­missioned by the Commander in Chief, be and hereby is Impowred and Authorized as Occasion shall require in any of the cases and to the intents before mentioned, from time to time, to call together [Page 200] the whole Militia of the Regiment under his Command, or such part of them as he shall think needful, and to Arm, Array and put them into posture for War upon any Alarm, Invasion or notice of the appearance of the Enemy, French or Indians, by Sea or Land; and the said Regiment, Companies or Troops so Armed, Arrayed and Weaponed, or part of them, to lead, conduct and imploy, or to appoint some other fit Person by Writing under his hand, to lead, conduct and imploy them as well within the Regiment and County whereto they belong, as into any other County or [...] Province, for the Assisting, Succouring and relieving any o [...] [...] M [...] ­jesties Subjects,Assistance to be given unto Neigh [...]ing Towns, &c. attackt by the Ene­my. Towns or Places, that shall be Assaul [...]d by the [...] or in danger thereof; And with such Party, [...] encounter, resist, repel, pursue, kill and destroy [...] and Indian Enemy, or any of them by all fitting wayes, Enterpriz [...] and meanes whatsoever. The Colonel or Chief Officer of such Regiment so taking to Arms▪ or sending forth any party of men, forthwith to Post away the Intelligence and Occasion thereof, unto the Com­mander in Chi [...], and to attend and observe such directions and Orders as he shall receive from him. And in case it happen the Colonel or Chief Officer of any Regiment, be out of the Limits or Precincts of the Regiment for which he is or shall be Commissioned respectively,Intelligence to be Posted away to the Commander in Chief. at the time of any Invasion, Attack or appearance of the Enemy, or Alarm given from any of the Neighbouring Towns or Regiments, the next Commission Officer then within the Regi­ment, shall have, use and exercise the same Powers and Authorities herein before granted, until the return of the Colonel, or other Superiour Officer; the Officer so acting to Post away the Intelligence thereof with the Occasion for the same as aforesaid,In case of the Colonels ab­sence the next Commission Officer to act unto the Com­mander in Chief, and to attend and observe such directions and Orders as he shall receive from the Commander in Chief therein.

And for the better preventing of false Alarms by disorderly Shooting off Guns in the Night.

Be it further Enacted by the Authority aforesaid,

That no Person or Persons whatsoever in any Town or Garrison, shall presume to discharge or shoot off any Gun or Guns after the shutting in of the day light, in the Evening, or before day light in the Morning;Penalty for disorderly Shooting. unless in case of Alarm, approach of the Enemy, or other necessary defence: On pain that every Person so offending, and being thereof convicted before one or more of His Majesties Justices of the Peace, shall forfeit and pay the Sum of Ten Shillings: One Moiety thereof to and for the use of the Poor of the Town, where the Offence is committed, and the other Moiety to him or them that shall Inform or Prosecute for the same. And in case such offender shall not have wherewith to answer the said Fine, or shall refuse or neglect to pay the same, then to be set in the Stocks, not exceeding two hour's time.

Provided, That this Act shall remain and continue in force dur­ing the present War, and no longer.

An Act, For giving Succours and Assistance to the Relief of His Majesties Sub­jects in the Neighbouring Provinces or Colonies.

FORASMUCH as in this time of War there may be Occasion for the Raising of Souldiers, and Transporting or Marching of them out of the Limits of this Province into the Neigh­bouring Provinces or Colonies, For the Defence of His Ma­jesties Subjects and Interests, and the Prosecution of the French or Indian Enemy.

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

That in the Vacancy of the General Assembly, It shall be in the Liberty of the Governour and Commander in Chief for the time being, by and with the advice and consent of the Council to Raise and Transport such part of the Militia of this Province as they shall find needful, or oblige them to March into any of the Neigh­bouring Provinces or Colonies for the ends before-mentioned, at any time or times until the end of the next Session of this present Court, and at no time afterward, without their free and voluntary consent, or the consent of the Great and General Court or Assem­bly. This Act or any thing therein contained to the contrary thereof in any wise notwithstanding.

An Act, For Granting unto His Majesty seve­ral Duties of Impost, Excise and Tunnage of Shipping.

WE His Majesties Loyal and Dutiful Subjects the Re­presentatives of this His Province of the Massachu­setts-Bay in New-England, being duely sensible of the great Charges and Expences which have already arisen, and will be daily growing and increasing, for the Defence of His Majesties Subjects and Interests within this His Province, and for a vigorous Prosecution of the War against the French and other His Majesties Enemies, For and towards the defraying of the Charge of the Province Gally, and Fire ship, and the fitting out and hire of such other Vessels as have been, are or shall be taken up here, and im­ployed in His Majesties Service, for the Defence of the Province, For answering of the necessary and contingent Charges in and about the Support of the Government, For payment of the Salaries and Allowances to the Officers imployed in and about the Execution of this Act, and such other Grants, Salaries and Allowances as have been or shall be made by the General Court or Assembly: Have cheerfully and unanimously given and granted, and do hereby give and grant unto His Most Excellent Majesty, to the ends and intents aforesaid, the several Duties and Im­positions upon all Wines, Liquors, Goods, Wares and Merchandizes, that shall be Imported into this Province, Excise and Tunnage of Shipping herein after-mentioned and expressed; and Pray, that it may be Enacted.

And be it accordingly 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 from and after the Twenty ninth day of June, in this pre­sent Year of our Lord, One Thousand Six Hundred Ninety Seven, for and during the continuance of this Act, there shall be paid by the Importer for all Wines, Liquors and Goods that shall be Import­ed into this Province, the Rates in and by this Act here after men­tioned and expressed. That is to say,

• [Page 203]For every Pipe of common Wine, of the Western Islands, the Sum of One Pound Ten Shillings,
  Rates of Wines.
• For every Pipe of Passado Wine, Two Pounds Five Shillings.
• For every Pipe of Madera Wine, Two Pounds.
• For every Pipe of Canary, Malago or Sherry Wines, Two Pounds Ten Shillings.
• For every Pipe of Port-wine, One Pound Fifteen Shillings.
• For every Pipe of Wine not of any of the sorts before-mentioned, One Pound.

And so proportionably for greater or lesser quantities, and for every Gallon of Rhum or other Spirits Imported as aforesaid,Rates of Rhum and other Spirits. Ten pence. For all Goods, Wares, and Merchandizes that shall be Imported as aforesaid (Salt, Cotton Wool, Provisions, and every other thing of the growth and product of New-England only excepted) the several Imposts and Duties following. That is to say, For every Hundred Pound Sterling in English Mer­chandizes at the prime Cost in England (the Original Invoices whereof to be produced and shown) the Sum of Twenty Shil­lings. Rates of Merchan­dizes.

• For every Hogshead of Sugar, Two Shillings.
• For every Hogshead of Molasses. One Shilling.
• For every Hogshead of Tobacco, Two Shillings six-pence.
• [Page 204]For every Ton of Logwood, Three Shillings.

And for all other Commodities, Goods, Wares and Merchandizes (except as before excepted) One Penny for every Twenty Shillings value here;The whole duty of Goods to be paid down & one half for Wines & Li­quors, the o­t [...]er half to be s [...]cured by Bond. all which aforesaid Imposts, Rates and Duties shall be paid in currant Money of this Province, unto the Commissioner for impost to be appointed as in and by this Act is here after mention­ed and expressed, or to his Sub-receiver, the one half thereof for Wines and Liquors, and the whole for Goods and Merchandizes, to be paid at or before the Landing of any Wines, Liquors or Goods, and three months time to be allowed to the Importer for payment of the other half for Wines and Liquors, if he shall desire the same, and give Bond with sufficient Security to the Commission­er, or such other person as he shall appoint to be Receiver, for payment thereof accordingly; otherwise the whole to be paid at or before the Landing of any such Wines or Liquors. And all Entries where the Impost or Duty to be paid doth not exceed Four Shillings, Entries where the du­ty exceeds not four shil­lings to be free. shall be made without Charge to the Importer, and not more than six-pence to be paid for any other single Entry to what value soever. And for every Bond to be given as aforesaid, there shall be paid Twelve pence and no more.

And be it further Enacted by the Authority aforesaid,

Masters to make Report before break­ing Bulk.That all Masters of Ships or other Vessels coming into any of the Harbours or Ports within this Province, before Bulk be broken, shall make a Report to the Commissioner for Impost to be appoint­ed as is here after mentioned, or such as he shall Substitute, to Re­ceive the same, of the Contents of the Loading of such Ship or Vessel, without any Charge or Fee to be demanded or paid for the s [...]e. And if there be on Board such Ship or Vessel any Goods, Win [...] or Liquors in and by this Act liable to pay Impost, such Master shall then also give an Accompt under his Hand to the said Commissioner or Receiver of all such Goods, Wines and Liquors liable to pay Impost,Masters to make Oath. on Board such Ship or Vessel, with the quanti­ties, species, and to whom the same are Consigned, and the Marks thereof, and shall make Oath that the same is a just and true Accompt to the best of his knowledge, of the whole Lading ta­ken on Board at the Port or Ports such Vessel came from. Which Oath the Commissioner or Receiver respectively are hereby Im­powred to administer.Penalty for breaking Bulk before giving an accompt upon Oath. After which, such Master may Unload, and not before, on pain of Fifty Pounds to be forfeited and paid by each Master that shall neg [...]t his Duty in this behalf And the said Commissioner is hereby Impowred to allow Bills of Store to the Masters of any Ships or Vessels Importing any Wines or Liquors for such private Adventures as shall belong to the Master and Seamen of such Ship or other Vessel,Bills of Store allowed. at the discretion of [Page 205] the Commissioner not exceeding three Per Cent. of the Lading, and the Duties payable by this Act for such Wines or Liquors in such Bills of Store mentioned and expressed shall be abated.

And be it further Enacted by the Au­thority aforesaid,

That all Merchants, Factors or other person or persons Importers,Importers to make Entries and pay the duties or se­cure the same before land­ing. being Owners of, or having any of the Wines, Liquors, Wares or Merchandizes Consigned to them, that by this Act are liable to pay Impost or Duty, shall by themselves, or order, make Entry thereof in writing under their Hands with the said Commissioner or Re­ceiver, and pay the Duty, or secure the same to be paid as by this Act is provided, before such Wines, Liquors, Goods, Wares or Mer­chandizes be Landed, or put into any Boat or Vessel, in order to be Landed, on pain of forfeiting all such Wines, Liquors, Goods, Wares and Merchandizes so Landed or put into any Boat or Ves­sel, in order to be Landed. And that no Wines, Liquors, Goods,Goods to be landed in the day time only. Wares or Merchandizes that by this Act are liable to pay Impost or Duty, shall be Landed on any Wharf, or into any Ware house or other place, but in the day time only, and that after Sun-rise, and before Sun set, unless in the presence of, and with the consent of the Officer appointed to inspect such Affairs, on pain of forfeiting all such Wines, Liquors, Goods, Wares and Merchandizes. And all manner of persons are hereby required to be aiding and as­sisting unto the Commissioner and his Agents, the Informer,All persons to be aiding of the Commis­sioner, &c. Dis­coverer or Seizure of such Wines, Liquors or Goods so Unloaden, contrary to the true intent and meaning of this Act. And if the Commissioner or Receiver shall have just reason to suspect, That any Merchant, Factor or other person to whom any Goods or Merchandizes comes Consigned, does not in the Entry or Writing thereof to be given under his Hand as aforesaid make a full and perfect Entry of such Goods or Merchandizes; or that the Invoi­ces of any English Merchandizes produced and shown by any per­son or persons as is by this Act directed, are not really and bona fide the Original Invoices of the Goods and Merchandizes, such person or persons would then enter, in every such case the Commissioner or Receiver respectively are hereby ordered and directed not to admit such person or persons to an Entry of the said Goods and Merchandizes,An Oath to be Admini­stred unto persons Sus­pected of making short Entries. until he or they shall have made Oath to the Truth of said Writing or Invoice by him or them presented as aforesaid; Which Oath the Commissioner or Receiver are hereby respectively impowred to administer.

And be it further Enacted by the Au­thority aforesaid,

That it shall and may be lawful to and for the said Commissioner or for any of the Officers imployed under him in and about the [Page 206] Impost by Warrant from any two Justices of the Peace within this Province, (to that purpose first obtained) with one Constable or more, to search all manner of Houses, Cellars and Warehouses for such Wines,Power to make Search in houses, &c. Liquors, Goods or Merchandizes which they or any of them shall be informed, were there carried to be concealed in prejudice to the true meaning of this Act, and with intent to de­fraud His Majesty of His said Dues, and all such Wines, Liquors, Goods and Merchandizes so found, shall be seized and forfeited, to be disposed of as is herein after-mentioned: And any two Justices to whom Complaint of any such matter shall be made, are hereby impowred and required to make out their Warrant to the Consta­ble accordingly, and to break open the door or doors of such Hou­ses, Cellars and Warehouses in which he shall be informed any Wines, Liquors, Goods or Merchandizes are concealed as aforesaid, if the Owner or Possessor of such Houses, Cellars or Warehouses shall deny Entrance thereinto. Always Provided, That such search be made in the day time, and within the space of one month after the Offence supposed to be committed. Provided also, That if the Information whereupon any House, Cellar or Warehouse shall be searched prove to be false, that then, and in such case the party injured shall recover his full damages and costs against the Informer, by action of Trespass.

And be it further Enacted,

That such Officer or Officers as shall be impowred and ap­pointed by the said Commissioner,Power to Search Vessels & attend the unlading. shall have power, and are hereby authorized to enter on Board any Ship or Vessel, there to make search or to attend the Unloading of any such Ship or Ves­sel the better to prevent fraud and to secure the true payment of the Duties in and by this Act granted and expressed.

And it is furth [...] Enacted and Provi­ded by the Authority aforesaid,

That every Merchant or other pers [...] Importing any Wines into this Province,Allowance of 12 per. Cent. leakage for Wines. shall be allowed Twelve Per Cent. for Leakage. Provided said Wines have not been filled up aboard. And that every Hogs­head, Butt, or Pipe of Wine that hath three fourth parts there­of Leaked out shall be accounted for Outs, and the Merchant or Importer to pay no Impost or Duty for the same.

Provided also, That if it be made appear, that any Wines Im­ported in any Ship or Vessel be decayed at the time of Landing thereof,Wines de­cayed to have abatement. or in seven days afterwards, Oath being made (if required) before the said Commissioner or Receiver that the same hath not been Landed above that time, the Duties of Impost for such de­cayed Wine shall be abated.

And be it further Enacted by the Authority aforesaid,

[Page 207]That if all or any Wines or Liquors as aforesaid be Landed with­in this Province, and afterwards be Exported out of the same with­in twelve months after Importation thereof, (being so made to ap­pear,Draw backs allow'd upon Exportation) there shall be repaid or discounted by the said Commissioner or his Order, unto the Importers or their Assigns, two thirds of what they paid upon Importation of the same for so much as they shall so Export.

Provided, That no Drawback shall be allowed for any Wine, Rhum or other Liquors which shall be Laden or Shipt off to be Exported out of this Province,Fee for Cer­tificate for Drawback. unless Certificate be first had for the same from the Receiver, and [...] be Shipped in the presence of a Waiter, who shall Endorse the Shipping upon the Certificate, and Return it into the Office before the Drawback be allowed: For which Certificate, the Receiver shall be paid Six pence, and the Waiter for seeing the same Shipt, and Endorsing it, shall be paid Six pence: And no such Certificate shall be granted before the Im­porter shall have made Oath that the whole duty inward for such Wine, Rhum, or other Liquors is paid, or secured to be paid; and the Ship or Vessel on Board which such Wine, Rhum or other Liquors shall be Shipt in order to Exportation,Importer & Master to make Oath. shall not be cleared at the Impost Office, before the Master thereof hath made Oath, that he will Land such Wine, Rhum, or other Liquors, bona fide out of the Province, the danger of the Seas only excepted. Which Oaths the Commissioner or Receiver are hereby respectively impowred to administer.

And be it further Enacted and Ordained by the Authority aforesaid,

That there shall be given, granted and paid onto His Majesty for the Uses aforesaid, in currant money of this Province, from and af­ter the said Twenty Ninth day of June in this present year, One Thousand Six Hundred Ninety Seven during the continuance of this Act, an Excise upon all Wines, Brandy,Rates for Excise. Rhum and other di­stilled Liquors, Beer, Ale, Perry and Cyder, that shall be Sold by Retail in any Town or place within this Province by those that shall Retail the same in manner and form herein after mentioned and expressed, That is to say, For every Gallon of common Wines, of the Western Islands, the Sum of Six-pence. Every Gallon of Passado, Malago, Canary and Sherry, the Sum of Twelve-pence. Every Gallon of Madera, the Sum of Eight pence. Every Gallon of Rhum and all other sorts of distilled Spirits, the Sum of One Shilling. Every Barrel of Beer, Ale, Perry and Cyder, the Sum of One Shilling and Six-pence, and after the same rate for any greater or lesser quantities.

And for the due and orderly Collecting and Receiving of the Excise aforesaid.

It is further Enacted by the Authority aforesaid,

That all Retailers of Wine, Brandy, Rhum, and other distilled [Page 208] Liquors, Beer, Ale, Perry and Cyder within this Province, ha­ving any of the said Liquors in their respective Houses, or else­where belonging unto them at the time of this Act taking place, shall make due Entry, and pay the Duties and Excise aforesaid for the same, as is herein before mentioned, unto the Commission­ers for Excise to be appointed as in and by this Act is hereafter directed, or such other person as they shall order to receive the same,Entry of Wines, Li­quors &c. to be made with the Commis­sioner or o­ther person to be appoin­ted by them. and upon their further Receipt or purchase of all or any of the Liquors before mentioned, shall before they receive it into their Houses, Cellars, Shops, VVarehouses, or other Rooms or Places, make Entry with the said Commissioners, or other Per­son to be appointed by them for that purpose, and pay the Duties and Excise aforesaid, under the penalty of forfeiture of all such Li­quors as shall be found in any Retailers House, or other place or places thereto belonging, not being duly Entred, and the Excise not paid as aforesaid. And every Retailer who shall make his own Cyder, Brew his own Beer or Ale, or distil strong Liquors, shall from time to time, and at all times when he or they shall make, brew or distil the same,Penalty for default. make Entry with the said Commissioners, or other person to be by them appointed as aforesaid, of all such Cyder, Beer, Ale or distilled Liquors by them made, brewed or distilled, and pay the Excise as aforesaid, under the like▪ penalty and forfeiture of all such Liquors as shall be found in such Retailers House, or other place or places thereto be­longing, not Entred, and the Excise thereof not paid in manner be­fore expressed, and every Retailer not making due Entry as is before required, upon Conviction thereof shall over and above the penalty aforesaid also forfeit his or their Licence or Licences, not to be re­newed within the space of three years. And it shall and may be lawful to and for such Officer or Officers as by the said Commissio­ners shall be appointed and impowred when and so often as he or they shall think fit, in the day time to enter into any Retailers House, Cellar or Warehouse, to search for such Wines or Liquors as are not duely Entred, nor the Excise paid for the same, and such Wines or Liquors so found to seiz and secure in order to the Tryal and Conviction thereof, and to Gage any Cask or Casks for that end and purpose.Onus probandi to be upon the Claimer. And the proof whether the Duties for such Wines, Liquors, Beer or Cyder be paid or secured to be paid, shall lye upon the Claimer, and shall not be incumbent on the Pro­secutor or Informer, in behalf of His Majesty and himself. Provi­ded such Seizure be made, or Action brought within Twenty Dayes after the ground for such forfeiture or action did arise.

Penalty on persons that shall take in or keep Wines or Li­quors belong­ing to Licen­sed persons. And be it further Enacted,

That no person or persons on any pretence or colour whatsoever, shall or may take in, receive, harbour, entertain, keep or conceal in his or their Dwelling Houses, Cellars or Warehouses, any quantity or parcel of Wines or other Liquors belonging to any▪ Licensed [Page 209] person or persons, Retailer or Retailers, under the penalty of for­feiture of Twenty Pounds for every such quantity or parcel of Wines or other Liquors so taken or received, harboured, entertain­ed, kept and concealed as aforesaid.

And be it further Enacted by the Au­thority aforesaid,

That when and so often as Complaint shall be made to any of His Majesties Justices of the Peace within this Province, by the said Commissioners or other person by them impowred to inspect the Excise, that they suspect Wines, Liquors,Search to be for Wines or Liquors con­cealed with intent to de­fraud. Beer or Cyder to be con­cealed with intent to defraud His Majesty of the Duties laid by this Act in the Houses, Cellars, Vaults, Rooms or other places belong [...]ing to any Retailer, and that such Retailer refuses to open the doors of such their Houses, Vaults, Rooms or other places; Or upon In­formation given to such Justice of any other person or persons sus­pected to receive, harbour, entertain, keep or conceal in his or their Dwelling-Houses, Cellars or Warehouses, any quantity or parcel of Wines or other Liquors for any Licensed person or Retailer: In every such case, it shall and may be lawful to and for such Justice, and he is hereby required to issue out a Warrant to such Officer complaining, thereby to enable him with the assistance of a Con­stable in the day time to break open the doors of such Houses, Cel­lars, Vaults, Rooms or other places of any such Retailer where they are denied Entrance, and finding any Wines, Liquor [...], Beer or Cy­der concealed that ought, but yet hath not been Entred, and the Duty of Excise not paid as this Act provides, to seiz and secure the same in order to Tryal and Condemnation, Or to break o­pen the doors of any Dwelling Houses, Cellars or Warehouses of any other person or persons suspected to conceal and harbour there­in any Liquors or Wines of any Licensed person or Retailer, and finding there any such Liquors or Wines; the person harbouring or concealing the same shall be liable to the action or suit of the In­former for the penalty of Twenty Pounds above-mentioned.

Provided nevertheless, That if the Information whereupon the Dwelling House, Cellars or Warehouses of any person or persons suspected to harbour or conceal any Wines or Liquors for any Li­censed person or Retailer, shall prove to be false, the person injured shall recover his full Damages and Costs against the Informer that obtained such Warrant as aforesaid, by Action of Trespass.

And be it further Enacted and Provided any thing herein before contained to the contrary notwithstanding.

That it shall and may be lawful to & for the said Commissioners to agree with any Retailer for his Excise for the whole year in one intire Sum,Commissio­ners Impow­red to Farme out the Excise to be paid quarterly as they in their discretion shall think fit to agree for, without making any Entry thereof as is be­fore directed, and that the said Commissioners may lett or farm the [Page 210] Excise or part thereof to any person or persons in any County Town or Place within this Province, for the best profit and ad­vantage of the publick that they can for the year ens [...]ing.

Commissio­ners Impow­red to Sue.And the said Commissioners by themselves, or their lawful Sub­stitute, may Sue for, and recover in any of His Majesties Courts of Record, or before any Justice of the Peace where the matter is not above his Cognizance, any Sum or Sums of Money that is or shall grow due for any of the aforesaid Duties of Excise, where the party or parties from whom the same is or shall grow due, shall refuse or neglect to pay the same.

And be it further Enacted by the Au­thority aforesaid,

That from and after the said Twenty ninth day of June in this present year One Thousand Six Hundred Ninety Seven, du­ring the continuance of this Act,Duties of Tunage. there shall be paid by the Ma­sters or Owners respectively of all Merchant Ships or other Ves­sels whatsoever, (except Boats imployed for the fetching of Wood, Timber, Stones or Fish to be made use of and spent in the place only) that shall Sail from any Port, Haven, River or Creek within this Province, the Sum of Twelve pence Per Ton, for every Ton such Ship or other Vessel doth measure according to her Dimensions by the Rule hereafter mentioned, for every time such Ship or Vessel shall go forth. And that the Master of every such Ship or other Vessel above Twelve Tons coming in­to any Port or Ports of this Province to Trade or Traffick, the major part of the Owners whereof are not belonging to this Pro­vince, shall (over and above the before-mentioned duty of Twelve pence Per Ton) every Voyage they make, pay▪ Twelve pence Per Ton more, or one pound of good and new Gunpowder for e­very Ton such Ship or Vessel is in Burthen according to the rule of measuring hereafter set down and expressed, to be im­ployed for the Supply of His Majesties Castle and Forts within this Province. Which payments respectively are to be made un­to the said Commissioner for Impost, his Deputy or Deputies, who on Receipt thereof shall give a Certificate that the said Duty is paid, and such Certificate to be produced and delivered unto the Naval Officer, before he grant any Clearing for such Ship or other Vessel.

Provided nevertheless, That no Coasting Vessels within this Pro­vince, or Vessels arriving from the Province of New Hampshire, the Colonies of Connecticut or Rhode Island, the Provinces of New-York, or East or West Jersey, shall be obliged to pay the said Sum of Twelve pence Per Ton first mentioned more than twice in the year.

And for the better ascertaining the Tunage of any Ship or other Vessel liable to the Duty aforesaid.

[Page 211] Be it Enacted by the Authority afore­said,

That the Tunage of such Ship or other Vessel shall be computed by the breadth at the main beam within board,Rule for computing Tunage. the depth to be ac­counted half the said breadth, and the length three times so much as the breadth after the usual manner of multiplying and dividing the product by one hundred: And every Master or Owner of such Ship or Vessel before any Lading be taken on Board her, shall give an Accompt under his Hand of her dimensions as a­foresaid unto the said Commissioner, his Deputy or Deputies; and i [...] such Officer does apprehend and suspect that the Accompt given is short of the true dimensions, the said Officer repairing unto one of the next Justices of the Peace, such Justice shall, and hereby is im­powred to grant his Warrant to some able Ship Carpenter, re­quiring him to repair on Board such Ship or other Vessel, and to mea­sure the same in manner as is before expressed, and to make his re­port thereof unto the said Commissioner, his Deputy or Deputies, and such Justice is further impowred to administer an Oath unto the measurer to deal truly and faithfully therein, for which Warrant and Oath administred, there shall be paid unto the Justice Two Shil­lings, and the Measurer for his Service shall have and receive the Sum of Five Shillings; all which Charge shall be paid by the Ma­ster or Owner before such Ship or Vessel be cleared, where the Master or Owner is found to have given a short Account of the dimensions, if otherwi [...] [...] the Officer for managing the Impost Office, who is allowed to b [...]ing such Charge to Accompt of the Publick.

And be it further Enacted by the Authority aforesaid,

That there be one fit person and no more nominated and ap­pointed by this Court as a Commissioner and Collector,Commissio­ners to be appointed to have the general inspection, care and management of the said Office of Impost and Tunage of Shipping, and whatsoever relates thereunto, and that there be three fit persons and no more nominated and ap­pointed by this Court as Commissioners and Collectors, to have the general inspection, care and management of the said Excise Office, and whatsoever relates unto the same, which Commissioner and Commissioners respectively shall receive Commission for their said respective Offices from the Governour or Commander in Chief for the time being, with authority to nominate, appoint, imploy and impower such and so many Officers under him and them respect­ively, as with the advice of the Treasurer for the time being of this His Majesties Province, he and they shall think necessary for the well-ordering and managing of the Affairs relating to each of the said Offices, and the better to prevent Frauds, and to grant them Warrants for executing of the same, and the said Commissioner and Commissioners respectively, and all other Officers under him and [Page 212] them, before their Entring upon the Execution of their re­spective Offices, shall be sworn to deal truly and faithfully therein, which said Commissioner and Commissioners respectively shall keep fair Books of all Entries and Duties arising by virtue of this Act, and the same to lye open at all seasonable times, to the view and perusal of the Treasurer and Receiver General of this Province, with whom they shall also Accompt for all Collections and payments, and pay in all such moneys as shall be in his and their hands as the Treasurer shall demand it; and the Commissioner for Impost and Tunage of Shipping, and Commissioners for Excise shall have and receive such Sum and Sums as the General Assembly shall think fit to allow him and them respectively, for their labour, care and ex­pences in said Affair. All other Officers imployed under the said Commissioner and Commissioners respectively to be paid for their Service, as he and they with the Treasurer shall agree, upon reasonable Terms: And all and every such person and persons to whom the said Excise,Fermors of the Excise a­like Impow­red as the Commissio­ners. or any part thereof, shall be letr or farmed by the said Commissioners, and the Officers which they shall imploy under him or them, shall have, use and exercise all such powers and authorities as in and by this Act is given, granted or committed unto the said Commissioners and their Under-Officers for the better Collecting said Excise, and preventing Frauds.

And be it further Enacted by the Au­thority aforesaid,

That all Penalties and Forfeitures accruing or arising by virtue of this Act, or any clause or article therein contained, shall be one half to His Majesty,Penalties & Forfeitures how to be re­covered & disposed. for the uses and intents for which the afore mentioned Duties of Impost, Excise and Tunage of Ship­ping are granted, and the other half to him or them that shall seiz, inform and sue for the same, by Action, Bill, Plaint or Information, in any of His Majesties Courts of Record, wherein no Essoign, Protection or Wager of Law shall be allowed, the whole Charge of Prosecution to be taken out of the half belonging to the Informer.

Provided, That this Act shall continue in force for the space of one whole year from and after the said Twenty ninth day of June, in this present Year, One Thousand Six Hundred Ninety Seven, and no longer.

An Act, Relating to Town-Rates or Assessments.

WHEREAS divers Constables and Collectors of Town-Rates or Assessments are defective and negligent of their Duty in not timely paying of the same as by the Warrants or Estreats to them committed they are required.

For Redress whereof.

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

That the Constables or Collectors within the several Towns in this Province, who have had, or hereafter shall have any Rates or Assessments for the defreying of Town Charges, orderly [...] and committed unto them to collect,Constables or Collectors of Town Rates not is­suing their ac­compts there­of by the time prefixt in their war­rants to be liable to Suit. the Accompts and payment where­of are not issued, or that at any time or times hereafter shall not pay in and issue their Accompts thereof with the Treasurer of such Town, or other person appointed by the Select-men to be a Receiver of the same, by the time prefixt in the Warrants to them re­spectively given for the collecting and paying in thereof, or within the space of one month next after the expiration thereof; every such defective Constable or Collector shall be liable to the Action or Suit of the Treasurer or Receiver of such Town; And such Treasurer or Receiver is hereby Impowred and Authorized to Sue for and recover all such Rates and Assessments or any Arrears thereof, of and from the Constables or Collectors respectively to whom the same were committed, and that have, or shall neglect their duty in that regard, by Action, Bill, Plaint or Information in any of His Majesties Courts of Record, any Law, Usage or Cu­stom to the contrary notwithstanding.

AN ACT, To Restrain the Exportation of Provisions.

TO the intent that His Majesties Service be not disappointed for want of necessary Provisions for the Victualling and Subsisting of Seamen and Souldiers, that are or shall be imployed therein, Provisions being very scarce in these parts by reason of the two last Harvests failing.

[Page 214] BE it 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 Beef, Pork, nor Grain of any sort, Bisket or Flower shall be Exported out of this Province by Land or Wa­ter nor be Laden or put on Board any Ship or other Vessel, or into any Carriage with intent to be Exported or Carried out of the Province by Land or Water (other than what shall be for the ne­cessary Victualling of Outward Bound Ships or Vessels, having first obtained Licence from the Governour and Council for the same) On pain of Forfeiting all such Beef, Pork, and Grain of every sort, Bisket and Flower so Laden or found on Board any Ship or other Vessel, or put into any Carriage; or the value thereof; One Moiety to 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 or Sue for the same in any of His Majesties Courts of Record▪

And all Officers imployed for the Entring and Clearing of Ves­sels, and for the inspecting and looking after the Duties of Impost, and the observance of the Acts relating to Trade and Navigation, are hereby strictly commanded and required to see that this Act be duely observed, and to make seizure of any of the Species of Provi­sions above Enumerated, Laden on Board, or found in any Ship or other Vessel, or in any Carriage contrary to the true intent of this Act, and all other persons Informing shall have the benefit of this Act. Saving a Liberty to the Western Towns on Connecticut River to Transport their Provisions from thence to Hartford to be brought into these Parts of this Province.

Provided nevertheless, That it shall be in the power of the Go­vernour and Council to grant Licences to all such as shall offer to Export any of the sorts of Provisions herein before-mentioned to Newfoundland for the Supply of His Majesties Forces there; such persons giving sufficient Bond to carry the said Provisions to New­foundland, for the occasion aforesaid, and to no other place whatso­ever. And also to grant Licence for Provisions to be Exported to the Province of New-Hampshire, for His Majesties Service there.

Provided also, That this Act shall continue in force until the Twentieth Day of September next Ensuing, and no longer.

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 Support of His Majesties Castle upon Castle Island near Bo­ston, for the Subsis [...]ing and paying of Wages to Seamen and Souldiers, and payment for Vessels Hire that have been, are, or shall be here taken up and imployed in His Majesties Service, for the defence of this His Province, and for the vigorous prosecution of the War against His Majesties Eenmies, For the Equipping & maintaining of the Province-Gally & Fire-Ship, 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 paid 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 Four Thousand Seven Hundred and Nineteen Pounds in Money, to be Levyed 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 herein 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 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 rendred incapable to Contribute towards Publick Charges) and upon all Estates both Real and Personal, lying within the Limits and Bounds of such Town or Precinct, and next unto the same [Page 216] (Not pa [...]ing elsewhere) in whose hands or Occupation 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, & to make a fair List of the Assessment of said Sum upon the Polls and Estate within such Town or Precinct, therein setting forth what each particular person is to pay towards the same, against his or her Name respectively, and the said List so perfected and signed by them, the said Select-men Trustees or Assessors, 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 to each of them respectively Committed unto the Treasurer some time before the last Day of August next Ensuing. And the Treasurer upon Receipt of such Certificate, is hereby Impowred and Ordered to Issue forth his Warrant to the said Collector, Constable or Constables, requiring him or them respectively to Collect the Sum total of the said List, 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 October 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, ou [...] 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 [...]his Province shall be Assessed, and pay as its proportion to this present Tax the Sums hereafter following. That is to say,

And be it further Enacted by the Au­thority aforesaid.

That the Select-men or Trustees in each and every of the Re­spective Towns and Precincts before mentioned, shall be the Asses­sors of the same, for the Sum proportioned and set upon them in and by this Act, and shall take the Oath following. That is to say, ‘YOU A. B. being an Assessor for the Town of C. for this present Tax, Do Swear, That in the discharge of said Trust, 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, where there is no Justice of the Peace, is hereby impowred to administer. [Page 219] And if in any of the Towns, Precincts or places above menti [...]d there are no Select-men or Trustees, the Inhabitants thereof are hereby required forthwith to Choose Select men or Assessors for the proportioning and assessing the Sum in and by this Act set upon such Town, Precinct or place, who shall also take the Oath above­mentioned. 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 by the Au­thority aforesaid,

That i [...] the Select men or 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 herein before set and proporti­oned upon such Town or Precinct, 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 sailing of performing the Duty and Service of them respectively hereby 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 prescri­bed.

And be it further Enacted by the Au­thority aforesaid,

That the Assessors in each Town or Precinct, shall assess the E­states lying within the same, by one general rule as near as may be; And if any person shall be agrieved at the Sum set upon him as his proportion towards this Tax, such person making application unto the Assessors, and demonstrating that he is Rated more than his pro­portion to the Sum set upon their Town, said Assessors ease him, and if they refuse so to do, then the person agrieved, complain­ing unto the next General Sessions of the Peace within that County, and making appear that he is Assessed more than his proportion as aforesaid, shall be heard and relieved by the Justices in said Sessions, and be re [...]imbursed out of the Town Treasury so much as they shall see cause to abate him.

And for the better Enabling the Treasurer to Enforce the bringing in the Moneys herein granted.

Be it Enacted by the Authority afore­said,

That the Treasurer be and hereby is Impowred to take, use and [Page 220] Exercise as well all such Rules, Directions, Powers and Authorities, as have heretofore been given him in and by any Act or Acts of the General Assembly, or in any Clause, Branch or Article there­of, as in and by this present Act, for the obtaining and drawing in­to the Treasury the Money herein Granted, as 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.

An Act, For the further Continuing of the Act for Writts and Processes.

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

That the Act Entituled, An Act, for the Establishing of Presidents and Forms of Writts and Processes, The Act for Writs & Pro­cesses conti­nued. and all and singular the Forms, Ar­ticles, Clauses, matters and things therein contained, with the Altera­tions and Amendments heretofore made, and such other as are here­in after mentioned: Be, and hereby are further revived and conti­nued to abide and remain in full force and virtue until the Tenth Day of December next Ensuing, and no longer.

Provided nevertheless, That all Writts and Processes shall bear the stile of the King,Writs to bear the Stile of the King, & to be issued in His Name onely. 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 that 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.

And be it further Declared and Enacted by the Authority aforesaid,

That all Pleas, Writts, Actions, Suits, Recognizances, Plaints, Process,Continuance of Writs, &c Precepts, and other things whatsoever that were or are [Page 221] returnable, had or have day or days in any of the Inferiour Courts of Common Pleas, or Courts of General Sessions of the Peace with­in this Province; Or in the Superiour Court of Judicature, Court of Assize and General Goal Delivery not yet determined, shall be, and are hereby revived and continued to abide and remain in full force and virtue, the Act for Establishing of Courts since a new made not­withstanding: And all Parties having day by any such Pleas, Writts, Bills, Actions, Suits, Plaints, Process, Precepts or Recognizances (at or in any of the said Courts shall respectively appear at such Court, under the Penalty of Forfeiting any Obligations or Recognizances) conditioned for the appearance of the said Parties at such Court, or under any other penalty that might have incurred upon the said Parties for not appearing at the said Court, the said Act for Esta­blishing of Courts since a new made notwithstanding.

Provided, That the Court of General Sessions of the Peace,Concord Court Adjourned. and Interiour Court of Common Pleas to have been holden at Concord for the County of Middlesex, on the Second Tuesday of this present month of June, and was Adjourned unto Tuesday the Twenty Se­cond Day of the same month; Be, and hereby is further Adjour­ned unto the Second Tuesday in July next, then to be held and kept for this time.

An Act, Impowring Justices of the Peace to decide Differences not exceeding Forty Shillings.

BE it Enacted & Ordained by the Lieu­tenant Governour, Council & Repre­sentatives Convened in General As­sembly, & it is hereby Enacted & Ordained by the Authority of the same,

That all manner of Debts, Trespasses and other Matters not ex­ceeding the value of Forty Shillings (wherein the Title of Land is not concerned) shall and may be heard, tryed,Justices of the Peace to grant Sum­mons Capias or Attach­ment for matters trya­ble before them. adjudged and de­termined by any of His Majesties Justices of the Peace within this Province in their respective Precincts, who are hereby impowred upon Complaint made of any such Debts, Trespass or other matter as aforesaid, to Grant Summons, Capias or Attachment against the party complained of, directed to the Sheriff or Marshal of the Coun­ty, or either of their Deputies, or Constables of the Town wherein such party lives; for which Summons, Capias or Attachment, the [Page 222] Justice shall be paid One Shilling, and the Officer for Serving the same, One Shilling and no more:Fee for a Wri [...]t and Serving. And in case of Non appearance upon Summons duely Served being so returned by the Officer, such Justice may issue out a Warrant of Contempt directed to the Sheriff, Marshal or other Officer as aforesaid, to bring the Con­temner before him, as well to answer the said Contempt, as the Plaintiffs Action, and may (if he see cause) fine such Contem­ner,Fine for Contempt in not appear­ing upon Summons. not exceeding Ten Shillings, to be accounted for to the Trea­surer of the County towards defraying of County Charges: And after Judgment given in any Case, may grant an Execution or War­rant of Distress directed to the Sheriff, Marshal or other Officer as a [...]oresaid, to levy the said Fine, Debt or Damage, with Charges up­on the Defendants Goods or Chattels. And such Officer by virtue thereof shall expose the same to Sale, returning the Overplus (if any be) to the Defendant, and for want of such Distress, [...]o take the Body of the Defendant, and him to carry and convey to the Common Goal of the County or Precinct, there to remain until he hath satisfyed the said Fine, Debt or Damage with Charges. And in case such Complainant be Non-Suited, or Judgment pass a­gainst him, then the said Justice is hereby Impowred to assess to the Defendant reasonable Costs against such Complainant, to be levied and recovered in manner and form above expressed.

Writts to be Served seven days before Tryal. Provided always, That all Summons, Capias or Attachment be­fore such Justice of the Peace, shall be served and executed at least seven dayes before the time of Tryal or hearing.

Provided also, That the party agrieved shall have liberty to ap­peal to the next Inferiour Court of Common Pleas to be holden for the same County,Party agriev­ed to appeal to the Inferi­our Court. he entring into Recognizance with one suffici­ent Surety in the value of the Debt or Damage Sued for, and sufficient to answer all Costs to prosecute the said Appeal there with effect, and to abide the Order of said Court, where such case shall be tried and receive a final Issue and Determination.

And the Party appealing shall bring the Copies of the whole Case to the Court appealed to,Party appeal­ing to bring the whole case. where each party shall be allowed the be­nefit of any further Plea or Evidence; and if upon such new Plea or Evidence the Judgment happen to be reversed, the Appellant shall have no Costs granted for the first Tryal, and such Appel­lant shall also give in the reasons of his Appeal unto the Justice ap­pealed,Reasons of Appeal to be given in seven days before the Tryal. from in Writing seven dayes inclusively before the sitting of the Court appealed to. And all Justices are hereby required to keep fair Records of all their Proceedings from time to time.

And be it further Enacted by the Authority aforesaid,

That the Clerk of any Town within this Province, may, and hereby is Impowred to grant Replevins, Summons or Attachments for any matter or cause tryable before any Justice of the Peace, and Summons for Witnesses,Clerks of Towns to grant Reple­vins &c. and to direct the same to the Constables of such Town, or to the Party to be Summoned for Witness re­spectively; and the Constable or Constables are hereby required to execute such Replevins, Summons or Attachments accordingly, and to make due Return thereof.

An Act, For Establishing of Courts.

FOR the Establishment of Courts of Justi [...]e throughout this Province▪ as well in respect of the times and places for holding of the same, as for the orderly Regulating the Proceedings therein.

BE it Enacted and Ordained by the Lieutenant Governour, Council & Representatives Convened in Ge­neral Assembly, and it is hereby Enacted and Ordained by the Authority of the same,

[...] shall be held and kept in each respective County within th [...] [...]rovince yearly, at the times and places hereafter named and [...], a Court of General Sessions of the Peace, by the Justices [...] the Peace of the same County,Times, Pla­ces for hold­ing of the General Ses­sions of the Peace. or so many of them as shall be limited in the Commission for the Peace, who are hereby impowred to hear and determine all matters relating to the Conservation of the Peace, and Punishment of Offenders, and what­soever is by them cognizable according to Law, and the times and places for the holding and keeping the said Courts within the re­spective Counties, shall be as followeth: That is to say, For the Coun­ty of Suffolk, at Boston, on the first Tuesdays in July, October, January and April: For the County of Essex, at Salem, on the last Tuesdays in June, and December; at Newbury, on the last Tuesday in September, and at I [...]swich, on the last Tuesday in March: For the County of Middlesex, at Cambridge on the Second Tuesday in September, at Charlstown, on the Second Tuesday in December and March, and at Concord, on the Second Tuesday in June: For the County of Pli­mouth, at Plimouth, on the third Tuesdays in September, December, March and June: For the County of Barnstable, at Barnstable on the first Tuesdays in July, October, January and April; For the County of Bristol, at Bristol, on the Second Tuesdays in July, October, Janua­ry and April: For the County of York, at Wells on the first Tuesday in July, and at York, on the first Tuesday in January: For the Coun­ty of Hampshire, at Northampton, on the first Tuesday in September, and a [...] Springfield, on the first Tuesday in March: For Dukes County, at Edgartown, on the first Tuesday in October, and on the last Tuesday in March; and for the Island of Nantucket, at said Island, on the first Tuesday in October, and on the last Tuesday in March yearly from time to time.

[Page 224] And be it further Enacted by the Au­thority aforesaid,

That at the times and places before mentioned, there shall be held and kept in each of the said respective Counties and Island of Nan­tucket, Times and Places for holding Infe­riour Courts of Pleas. an Inferiour Court of Common Pleas, by four of the Justices o [...] and residing within the same County, and Island respectively, to [...]e Appointed and Commissionated thereto; any three of whom to be a Quorum for the hearing and determining of all Civil Actions a [...]ising or happening within the same tryable at the Common Law, of what nature, kind or quality soever; and upon Judgment gi­ven therein to award Execution.

And be it further Enacted by the Au­thority aforesaid,

Appeal al­lowed to the Superiour Court.That it shall be in the liberty of the party agrieved at any Judg­ment given in any of the said Inferiour Courts to appeal there­from unto the next Superiour Court to be held within or for the same County, and upon Judgment given at the said Superi­our Court upon such Action of Appeal, it shall be [...] for ei­ther party Appellant or Defendant within the space [...] eighteen months next after such Judgment given,Liberty of review in 18 months next & not after­wards. and not afterwa [...] 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, or otherwise the party agrieved at any Judgment given in any of the said Inferiour Courts may by [...] new Process, once and no more,Review in the Inferiour Court. to review the said Case in the same Court where it was first tryed, and within the space of one year next after Judg­ment given, upon such Tryal by review, the party agrieved may bring his Writ of Error for a Tryal of the said Case at the Superi­our Court to be held within or for the same County,Writt of Er­ror after­wards. Party appeal­ing or taking out a Writt of Error to give Security No Appeal admitted af­ter the Courts Sitting or Ex­ecution granted. No Costs granted for the first Try­al where the judgment is reversed on new or plea or evidence. there to re­ceive a final Issue and Determination.

Provided, That the party appealing or bringing any Writt of Error as aforesaid, shall first enter into Recognizance with sufficient Sureties; it upon Appeal before one or more of the Justices of the Court appealed from in a reasonable S [...]in that he will prosecute such Appeal with effect; and if upon a Writ of Error before one or more of the Justices of the Superiour Court in the value of the Debt or Damage recovered that he will prosecute such Writ of Er­ror with Effect, and abide the Order of the Court thereupon.

Provided also, That no Appeal shall be admitted after the time of the Courts sitting, nor after Execution granted. And that the party appealing shall bring Copies of the whole Case unto the Superiour Court appealed to; where each party shall be allowed the benefit of any new and farther Plea and Evidence; and if upon such new Plea and Evidence the Judgment happen to be re­versed, the Appellant shall have no Costs granted him for the first Tryal. And further, That every Appellant as aforesaid shall give [Page 225] in a Declaration briefly setting forth the Reasons of his Appeal unto the Clerk of the Court appealed from, fourteen days inclusively be­fore the sitting of the Court where such Appeal is to be Tryed.

And be it further Enacted by the Au­thority aforesaid,

That there shall be a Superiour Court of Judicature,Superiour Court of Ju­dicature and Court of Assize. Court of Assize and General Goal Dell [...]e [...]y over this whole Province, to be held and kept annually at the respective times▪ and places herein after mentioned, by one Chief Justice, and four other Justices to be Appointed and Commissiona [...]d for the same; any three of whom to be a Qu [...]rum, who shall have Cognizance of all Pleas, real, perso­nal or mixt, as well in all Pleas of the Crown, and in all matters relating to the Conservation of the Peace, and punishment of Of­fenders, as in Civil Causes or Actions between party and party, and between His Majesty and any of His Subjects whether the same do concern the realty, and relate to any Right of Freehold & Inheritance [...]r whether the same do concern the personalty and relate to ma [...]r of Debt, Contract, Damage or personal Injury, and also in all [...] Actions which concern both realty and personalty, and after deliberate hearing, to give Judgment, and award Ex­ecution thereon.

And be it further Enacted by the Au­thority aforesaid,

That the Justices in any of the Courts aforesaid, where the Forfeiture of any Penal Bond shall be found, shall be,Power to chancer For­feiture of any penal Bond. and are hereby [...]powred in the Entring up of Judgment in such case to chancer the same unto the just Debt and Damages.

Provided always, That when the Original Process in Civil Cau [...]ses is made out of the Superiour Court,Liberty of review in the Superiour Court. the party agrieved at the Judgment thereon given; shall have liberty to review his Case in the said Superiour Court once and no more, and that all persons which shall bring any Action of Review to the Superiour or Inferiour Court respectively, shall lay the whole Case before the Court where such Action of Review is to be Tryed.

Provided also, That either party not resting satisfied with the Judgment or Sentence of any of the said Judicatories or Courts of Justice in personal Actions where the matter in difference doth ex [...]ceed the value of Three Hundred Pounds Sterling,Appeal to His Majesty in Council. may Appeal unto His Majesty in Council, such Appeal being made in time, & Security given according to the directions in the Charter in that behalf.

And be it further Enacted by the Au­thority aforesaid,

That the said Superiour Court of Judicature, Court of Assize & [Page 226] General Goal Delivery, shall be held and kept at the times and places within the respective Countys as followeth.Times and Places of h [...]ding the Superiour Court, &c. That is to say, Within and for the County of Suffolk, at Boston, on the last Tuesdays in October and April; Within and for the County of Essex, at Sa­lem, on the Second Tuesday in November, and at Ipswich, on the third Tuesday in May: Within and for the County of Middlesex, at Cambridge on the last Tuesday in July, and at Charlstown, on the last Tuesday in January; For the Counties of Plymouth, Barnstable, Bri­st [...]l, and Dukes County, at Bristol, on the second Tuesday in September, and at Plimouth, on the second Tuesday in March.

And be it further Enacted,

Appeals from Hampshire, York & Nan­ [...]ket to be at Boston or Charlestown.That the Tryal of all Civil Causes by Appeal from any of the Inferiour Courts within the respective Counties of York and Hamp­shire, and the Island of Nantucket, or by Writ of Error shall be in the Superiour Court to be held at Boston or Charlstown; and that there be held and kept a Court of Assize and General Goal Delivery for the Respective Counties and Places of York, Hampshire and the Island of Nantucket aforesaid within the same,Court of As­siz to be h [...]ld in the said places as Oc­casion shall be. from time to time, as the Governour and Council, advising with the Justices of the said Court shall direct and appoint according as occasion may be.

And be it further Enacted by the Au­thority aforesaid, Plaintiffs li­berty to be­gin his Suit either in the Inferiour or Superiour Court.

That it shall be in the liberty of any Plaintiff to begin his Suit either in the Interiour or Superiour Court at his pleasure.

Provided nevertheless, That no Action under the value of Forty Shillings shall be brought into any of the Inferiour Courts, nor any Action under the value of Ten Pounds into the Superiour Court, un­less where Freehold is concerned, or upon Appeal.

And be it further Enacted by the Au­thority aforesaid,

Processes and Writ [...] to issue out of the Clerks OfficeThat all Processes and Writts shall issue out of the Clerks Office of the said respective Courts in His Majesties Name, under the Seal of the said Office, to be Signed by the Clerk, and directed to the Sheriff or Marshal of the County, his Under Sheriff or Deputy, and i [...] such Writ or Process be against the Sheriff or Marshal to be dire­cted to the Coroner of such County, who is hereby impowred to execute the same; and where the Sum Sued for is under Ten Pounds, may be also directed to the Constables of the Town. [...] Process to run thro' [...]he Province. And Writts as well Original as Judicial issuing out of the Clerks Office of the Supe­riour or Inferiour Courts respectively shall run into any County with­in this Province, and be there executed by the Officer or Officers of such County to whom they are directed.

Provided nevertheless, That the Clerk of each Town respectively [Page 227] within this Province, as well as the Clerk of the said respective Courts, may and hereby is impowred to grant Summons for Witnes­ses in Civil Cases directed to the party to be Summoned for Witness, requiring him or them to appear at the Superiour or Inferiour Court respectively.Town Clerks may grant Sum [...]ns for Witnesses. And all Processes for appearance as well in the Interi [...]our Court of Pleas as the Superiour Cou [...]t of Judicature, shall be Served and Executed fourteen days before the sitting of the Court, wherein such VVrit or Process shall be returnable. And all proper O [...]iginal Processes in the said Courts shall be Summons, Copies or Attachment. And in case upon any such Process duely Served, and Return thereof made into Court,Judgement to be entred up upon de­fault. the Defendant do not appear by himself or his Attourney, his default shall be Recorded, and Judgment entred up against him thereupon, unless before the Jury be dismist he shall come into Court, and move to have a Tryal; in which case he shall be admitted thereunto, first paying down unto the adverse party double the Costs he has then been a [...] so far▪ and the Plaintiff shall make a new Entry.

And be it further Enacted by the Au­thority aforesaid,

That all Matters and Issues in Fact arising or happening in any County or place within this Province shall be tryed by twelve good and lawful m [...]n of the Neighbourhood,Matters & is­sues in Fact to be tryed by a Jury. to be chosen in manner following: That is to say, That the Clerk of each Court respectively in convenient time before the Sitting of such Court shall issue out VVarrants directed to the Constables of the several Towns within the County or Jurisdiction of said Court, or the most principal of them; Requi [...]ing them to assemble the Freeholders and other Inha [...]bitants of such Town,Juror [...] how to be chosen qualified as in and by His Majesties Royal Charter is directed to Elect and choose so many good and lawful men as the VVarrant shall direct, to Serve as Jurors at such Court,Penalty on Constables for not make­ing return of W [...]rants for Jurors. and the Constable shall Summon the persons so chosen to at [...]tend accordingly at the time and place appointed, and make timely Return of his VVarrant unto the Cl [...]rk that granted the same, on pain that every Constable failing of his duty herein, shall forf [...]it and pay as a Fine unto the County Treasurer for the use of the Coun [...]ty, the Sum of Forty Shillings.

And no [...]son Serving as a Justice, Juror, VVitness o [...] otherwise,Ceremony to b [...] [...] in Swearing▪ shall be obliged to use any other ceremony in taking of their respe­ctive Oaths, than li [...]ing up the hand as has been accu [...]omed.

And be it further Enacted by the Au­thority aforesaid,

That the Justices of the said several Courts, be, and are hereby impowred to make necessary Rules and Orders for the more orderly practising and proceeding in said Court.Courts to make [...] Rules and Orders. Provided they be not re [...]pugnant to the Laws of this Province, and that no Summons, Process, [Page 228] Writ, Judgment or other proceeding in Courts or course o [...] Justice shall be abated,No Process, Writt, &c. to be abated for circum­stantial Error arrested or reversed upon any kind of ci [...]cumstanti­al Errors or Mistakes where the person and case may be rightly un­derstood and intended by the Court, nor through defect or want of form only. And all VVritts, Proc [...]sses, Declarations, Indictments, Pleas, Answers, Replications and Entries in all the said Courts shall be in the English Tongue & no other: And it shall be in the liberty of the Plaintiff or Defendant in any of the said Courts to plead or de­fend his own Cause in his own proper person,All Writts &c. to be in the English Tongue. or with the assistance of such other as he shall procure, being a person not scandalous or o­therwise offensive to the Court. And Attourneys Fees to be allo [...]d at the Superiour Court of Judicature, shall be Twelve Shillings, and at the Inferiour Court Ten Shillings and no more,Attournys Fees. & but one Attourney to be paid for in any case.

And be it further Enacted,

That Two Shillings Per Diem shall be accounted due satisfaction to any Witness for his Travel and Expences and no more,Witnesses al­lowances per Diem. to be allow­ed in Civil Causes▪ And if such Witness live within three miles of the place of the Courts sitting whereto he is Summoned, and be not to pass any Ferry, then One Shilling and Six pence Per Diem shall be accounted sufficient. And if any person or persons upon whom a­ny lawful Process or Summons shall be Served to testify, depose or give Evidence concerning any Cause or Matter depending in any of the said Courts,Penalty for Witnesses not appearing and having tendred unto him or them such rea­sonable Sums of money for [...] or their Costs and Charges as ha­ving regard to the distance of the places is necessary to be allowed in that behalf, do not appear according to the Tenour of the Pro­cess or Summons, having no lawful or reasonable lett or impedi­ment to the contrary; That then the party so making default, shall for every such Offence lose and forfeit Forty Shillings, and shall yield such further Recompence to the party agrieved according to the loss and hindrance that he shall sustain by reason of the Non appea­rance of the said Witness or Witnesses: The said several Sums to be recovered by the party so grieved against the Offender or Offenders, by Action of Debt, Bill, Plaint or Information in a­ny of His Majesties Courts of Record, wherein no Essoign, Pro­tection or Wager of Law to be allowed.