An Act for Building with Stone or Brick in the Town of Boston, and preventing Fire.

WHEREAS Great Desolations and Ruines have s [...]ndry times hap­pened by Fire breaking out in the Town of Boston, principal­ly occasioned by reason of the joyning and nearness of the Buil­dings, being mostly of Timber, and covered with Shingle.

For the better preventing of such Accidents for the future, and Damage and Loss thereby.

Be it Ordained and Enacted by the Governour, Council and Repre­sentatives, Convened in General Court or Assembly. And it is Enact­ed by the Authority of the same, That henceforth no Dwelling House,Buildings in Boston to be of Brick or Stone, and covered with Slate. Shop, Ware-house, Barn, Stable, or any other Housing of more than Eight Feet in Length, or Breadth, and Seven Feet in Heighth, shall be Erected and Set up in Boston, but of Stone or Brick, and covered with Slate or Tyle, unless in particular cases where necessity requires; being so judged and signified in writing under the Hands of the Justices and Select-men of the said Town, or major part of both; the Governour with the Advice and Consent of the Council shall see cause to Grant Licence unto any person to Build with Tim­ber, or cover with Shingle. And if any person shall presume to Erect,Governour and Council to grant Li­cence to Build with Timber in Case. Penalty for transgressing this Act. or cause to be Erected, any Frame or Building contrary hereto; upon Convicti­on thereof, before two Justices of Peace (Quorum Unus) such Building shall be deemed a common Nusance, and the Owner of such Frame or Building shall enter into a Recognizance to Demolish the same; and in Default of Entring into such Recognizance, shall be Committed to Prison, until he do cause the same to be Demolished; or else such Building shall be Demolished by Order of the Quarter Sessions of the Peace within the said County, and the Charges thereof to be Levied by Distress, and Sale of such Offenders Goods, by Warrant from the Court of Quarter Sessions.

And it is further Ordered and Enacted, That in all Void and Unbuilt Places, which shall hereafter be improved for Building, or when at any time any total Consumption or Desolation shall happen in any Street or Lane within the said Town,Justices and Select-men [...]o lay out [...]treets, &c. it shall be in the power of the Justices of the Peace of said Town then in being, together with the Select-Men, or the major part of both, to State and Lay out such Streets, Ways and Passages, as may be most for the Conveniency and Accommodation of the Place: As also where any Desolation has happened, to Regulate and Enlarge other narrow and crooked Lanes or Passages. AND where any particular persons shall have their Land taken awa [...] or lessened thereby; a Jury of Twelve Men shall be appointed by two J [...]stices o [...] the Peace, and Sworn to Ascertain the value thereof,A Jury to Ascertain the value of any Persons Land laid to any Street. to be paid b [...] the person, to whose Land the same shall be added, or by the Neighbou [...]hood or Town, in proportion to the benefit or conveniency any shall have thereby. And every person Building as aforesaid with Brick or Stone, shall have liberty to Set half his Partition Wall in his Neighbours [Page 4] Ground, so that he leave Toothing in the Corners of such Walls for his Neighbour to adjoyn unto, who when he shall Build, such Neighbour ad­joyning, shall pay for one half of the said Partition Wall, so far as it shall be Built against. And in case of any Difference arising, the Select men shall have power to appoint meet persons to value the same,Party Wall to stand half in the Neigh­bours ground. or lay out the Line between such Neighbours. And whereas several Houses and other Buildings have been Erected and Set up since the year 1688. contrary to the Law made by the General Court of the Massachusetts Colony.

It is hereby Ordained and Enacted by the Authority aforesaid, That every Owner of such House and Buildings so Set up, contrary to said Law, shall cause the same to be Covered with Slate or Tyle; or otherwise such Houses or Buildings shall be deemed a common Nusance, and the Own­er thereof Proceeded against accordingly.

And be it further Enacted and Declared by the Authority aforesaid, That when any Fire shall happen to break out either in Boston, or any other Town within this Province,Two or three of the chief Milita­ry Officers to order the pulling down or blowing up of Hou­ses to stop Fire. two or three of the Chief Military or Civil Officers of the same Town, shall, or may, and hereby are Impowred to give Directions for the pulling down, or blowing up any such House or Houses that shall be by them adjudged meet to be pulled down or blown up, for the stopping and preventing the further Spreading of the same. And if it shall happen that the pulling down or blowing up any such House or Houses by the Directions aforesaid, shall be the occasion of stopping the said Fire, or that the Fire stop before it come to the same. That then all and every Owner of such House or Houses, shall Receive reasonable Satisfaction, and be paid for the same, by the rest of the Inhabitants, whose Houses shall not be Burnt; who are hereby Impowred to make such Rate or Rates, for the Raising and Lovying such Sum and Sums of Money as shall be thought con­venient by the Select-men and Justices of said Town for that end.Where the Fire is stopt by pulling down or blowing up any House the Owner to be paid.

Provided always, That if the House where the Fire shall first Begin and Break out, shall be adjudged fit to be pulled down or blown up to hinder the further spreading and increase of the same. That then the Owner of such House shall receive no manner of Satisfaction for the same. Any thing in this Act contained notwithstanding.

An Act for the Settlement and Distribution of the Estates of Intestates.

WHEREAS Estates in these Plantations do consist chiefly of Lands which have been subdued and brought to Improvement, by the In­dustry and Labour of the Proprietors, with the Assistance of their Children, the younger Children generally having been longest and most Serviceable into their Parents in that behalf; who have not Personal Estate to give out unto them in Portions or otherwise to Recompence their Labour.

Be it therefore Enacted and Ordained by the Governour, Council and Representatives, Convened in General Court or Assembly. And it is Ordained by the Authority of the same, That every person lawfully Seized of an [...] Lands,Persons Seiz­ed of Lands in see simple may dispose of the same by will, &c. Tenements, or Hereditaments within this Province, in his own proper right in Fee Simple, shall have power to give, dispose, and devise, as well by his Last Will and Testament in Writing, as otherwise by a­ny Act Executed in his Life, all such Lands, Tenements and Heredita­ments to and among his Children or others, as he shall think fit at his [Page 5] Pleasure. And if no such Disposition, Gift or Devise be made by the Owner of any such Lands, Tenements and Hereditaments; the same shall be subject to a Division, with his Personal Estate, and be a like Distributed, ac­cording to the Rules herein after Exprest for Intestate Estates. And when and so often as it shall happen, That any person dyes Intestate; Administra­tion of such Intestates,Administra­tors to the Estate of In­testates how to be grant­ed. Goods and Estate shall be granted unto the Widow or next of Kin to the Intestate, or both, as the Judge for Probate of Wills, and granting of Administrations shall think fit, who shall thereupon take Bond with Sureties in manner as is directed by the Statute of the Twenty Second and Twenty Third of Charles the Second, and shall and may proceed to call such Administrators to account for, and touching the Goods of the Intestate: And upon due Hearing and Consideration thereof, (Debts, Funeral and just Expences of all sorts being first allowed) the said Judge shall, and hereby is fully Impowred to Order and make a just Distribution of the Surplusage, or remaining Goods and Estate as well Real as Personal in manner following: That is to say, One Third Part of the Personal Estate to the Wife of the In­testate for ever, besides her Dower or Thirds in the Houses and Lands during Life, where such Wife shall not be otherwise Endowed before Marriage,Distribution of Intestate Estates. and all the Residue of the Real and Personal Estate by Equal Portions to and among his Children, and such as shall Legally Represent them; (if any of them be dead) other than such Children, who shall have any Estate by Set­tlement of the Intestate in his life time equal to the others Shares. Children advanced by Settlement, or Portions not equal to the others Shares, to have so much of the Surplusage as shall make the Estate of all to be Equal, except the Eldest Son then Surviving, (where there is no Issue of the First born or of any other Elder Son) who shall have two Shares, or a double portion of the whole; and where there are no Sons, the Daughters shall Inherit as Co­parceners. The Division of the Houses and Lands to be made by five suffici­ent Freeholders upon Oath, or any Three of them, to be Appointed and Sworn by the Judge for that end: unless where all the Parties Interested in any Estate being Legally capable to Act, shall mutually agree of a Division among themselves, and present the same in Writing under their Hands and Seals; in which case, such Agreement shall be accepted and allowed for a Settlement of such Estate, and be accounted valid in Law, being Acknow­ledged by the Parties Subscribing before the Judge, and put upon Record.

Provided Nevertheless, Houses and Lands not capable of Division, to be ordered unto the El­dest Son, he paying out proportiona­ble parts to the other Children. That where any Estate in Houses and Lands cannot be divided among all the Children, without great prejudice to, or spoyling of the whole; being so Represented, and made to appear unto the said Judge, the Judge may order the whole unto the Eldest Son, if he accept it, or to any other of the Sons successively, upon his Refusal: He paying unto the other Children of the Deceased, their equal and proportionable Parts or Shares of the true value of such Houses and Lands. Upon a just Apprize­ment thereof, to be made by Three Sufficient Freeholders upon Oath, to be Appointed and Sworn as aforesaid, or giving good Security to pay the same in some convenient time, as the said Judge shall Limit, making reasonable allowance in the interim, not exceeding six per Cent. per Annum. And if any of the Children happen to Dye,In case there be no Chil­dren nor le­gal Repre­sentative of them, the E­state to be allotted to the Wife and next of Kin. before he or she come of Age, or be Married; the Portion of such Child Deceased, shall be equal­ly divided among the Survivors.

And in case there be no Children, nor any Legal Representatives of them, then one Moiety of the Personal Estate shall be allotted to the Wife of the Intestate for ever; and one Third of the Real Estate, for Term of Life. The Residue both of the Real and Personal Estate, equal­ly to every of the next of Kin of the Intestate, in equal degree, and those who Legally Represent them. No Representatives to be admitted among Colaterals after Brothers and Sisters Children. And if there be [Page 6] no Wife, all shall be Distributed among the Children, and if no Child, to the next of Kin to the Intestate in equal degree, and their Legal Repre­sentatives as aforesaid, and in no other manner whatsoever. And every one to whom any Share shall be allotted, shall give Bond with Sureties before the said Judge of Probate; if Debts, afterwards be made to ap­pear,Right of Ap­peal Saved. to Refund and Pay back to the Administrator, his or her Ratable part thereof, and of the Administrators Charges. The Widows Thirds or Dower in the Real Estate, at the Expiration of her Term to be alike Divided as aforesaid. Saving to any Person agrieved at any Order, Sen­tence or Decree made for the Settlement and Distribution of any Intest­ate Estate,See Explanatory Act page▪ their Right of Appeal unto the Governour and Council. Eve­ry Person so Appealing, giving Security to Prosecute the Appeal with Effect.

Be it further Enacted by the Authority aforesaid, That if any Execu­tor or Executors of the Will of any Person deceased, knowing of their being so named and appointed, shall not within the space of thirty days next after the Decease of the Testator,Executors to cause Probate of Wills to be made in thirty days next after the Testators Death. cause such Will to be proved, and Recorded in the Registers Office, of the same County where the Deceased Person last dwelt; or present the said Will, and declare his or their refusal of the Execu­torship. Every Executor so neglecting of his or her Trust and Duty in that behalf, (without just Excuse made and accepted for such delay) shall forfeit the Sum of Five Pounds per Month, from and after the Expiration of the said Thirty Days, until he or they shall cause Probate of such Will to be made, or present the same as aforesaid. Every such Forfeiture to be had and reco­vered by Action,Penalty for Neglect. or Information, in the Inferiour Court of Pleas, in the same County: And to be disposed of, one Moiety thereof, to the use of the Poor of the Town, where the Deceased Person last dwelt; and the other Moiety to him or them that shall Inform and Sue for the same. And upon any such refusal of the Executor, or Executors, the Judge shall commit Admi­nistration of the Estate of the Deceased,Upon Refu­sal Admini­stration to be commit­ted: cum Testamento annexo. Cum Testamento annexo unto the Wi­dow or next of Kin to the Deceased, and upon their refusal, to one or more of the Principal Creditors, as he shall think fit.

And if any person or Persons shall Alienate or Imbezel any of the Goods or Chattels of any person Deceased, before he or they have taken out Letters of Administration, and Exhibited a true Inventory of all the known Estate of the Party Deceased. Every person or persons so acting, shall stand Char­geable, and be liable to the Actions of the Creditors and other persons griev­ed,Executors by wrong. as being Executors in their own wrong. And the Judge shall cause a-Citation to be made out unto the Widow, or next of Kin; and upon their Neglect of appearance, or refusal, may Commit Administration of any such Estate, to some one or more of the chief Creditors, if accepted by them, or others, as he shall think fit, upon their refusal.

And whereas, according to the former practice of the Courts, Bonds for due Administration of the Estates of Intestates, were taken in the Name of the County Treasurer, and the Obligation made to him, his Successors in said Office or Assigns; many of which are still depending.

It is further Enacted by the Authority aforesaid, That the Judge for Probate of Wills, and Granting of Administrations▪ in the Counties respectively:Bonds for Administra­tion to the County Treasurer, to be put in Suit by the Judge. be, and hereby are fully Impowred and Authorized, to call all such Administrators to account, and if need be, to put the said Bonds or any of them in Suit, who shall be, and hereby are to be held and esteemed the Assignees of the County Treasurer in that behalf to all Intents, Constructions and Purposes in the Law whatsoever.

An Act for Prevention of Frauds and Perjuries.

FOR Prevention of many Fraudulent Practices which are commonly endeavou­red to be upheld by Perjury, and Subornation of Perjury.

Be it Enacted and Ordained by the Governour, Council and Repre­sentatives Convened in General Court, and by the Authority of the same, That from and after the last day of December in this present Year One Thousand Six Hundred Ninety and Two. All Leases, Estates, Interests of Freehold, or Term of Years, or any uncertain Interest of, in,Parole Leases and Interest of Freehold shall have the force of E­states at will only. or out of any Messuages, Lands, Tenements, or Hereditaments, made or created by Livery and Seisin only, or by Parole, and not put in writing and Signed by the Par­ties, so making or creating of the same, or their Agents thereunto lawfully Authorized by writing, shall have the Force and Effect of Leases, or Estates at will only, and shall not either in Law or Equity be deemed or taken to have any other or greater Force or Effect; any consideration for making any such Parole Leases or Estates, or any former Law or Usage to the contrary notwithstanding.

Except nevertheless,Except Lea­ses not ex­ceeding three years, &c. all Leases not exceeding the Term of Three Years from the making thereof, whereupon the Rent Reserved to the Landlord, during such Term shall amount unto two third parts at the least of the full improved value of the thing Demised.

And moreover, That no Leases, Estates or Interests, either of Freehold,No Leases or Estates of Freehold to be granted or surrendred by word. or Term of Years, or any uncertain Interest of, in, to or out of any Mes­suages, Lands, Tenements or Hereditaments, shall at any time after the said last day of December, be Assigned, Granted or Surrendred, unless it be by Deed or Note in Writing, Signed by the Party so Assigning, Granting or Surrendring the same, or their Agents thereunto lawfully Authorized by Writing, or by Act and Operation of Law.

And be it further Enacted by the Authority aforesaid, That from and after the said last day of December, Promises & Agreements by Parole. no Action shall be brought whereby to Charge any Executor or Administrator upon any special Promise to answer Damages out of his own Estate, (2) or whereby to Charge the Defendant upon any special Promise to answer for the Debt, Default or Miscarriages of another person, (3) or to charge any person upon any Agreement made up­on consideration of Marriage, (4) or upon any Contract or Sale of Lands, Tenements or Hereditaments, or any Interest in, or concerning them; (5) or upon any Agreement that is not to be performed within the space of one year from the making thereof; (6) unless the Agreement upon which such Action shall be brought, or some Memorandum or Note thereof shall be in Writing, and Signed by the Party, to be Charged therewith, or some [...] person thereunto by him lawfully Authorized.

And be it further Enacted by the Authority aforesaid, That from and after the said last day of December, Devises of Lands to be in Writing & attested by three or four Witnesses. all Devises and Bequests of any Lands or Tenements, shall be in Writing, and Signed by the Party so Devising the same, or by some other person in his presence, and by his express Directions, and shall be Attested and Subscribed in the presence of the said Devisor, by three or four credible Witnesses, or else shall be utterly void and of none Effect.

And moreover, no Devise in Writing of Lands,How the same shall be revocable. Tenements or Heredita­ments, or any Clause thereof, shall at any time after the said last day of De­cember, [Page 8] be Revocable, otherwise then by some other Will or Codicil in Writing, or other Writing declaring the same, or by Burning, Cancelling, Tearing or Obliterating the same by the Testator himself, or in his presence, and by his directions and consent; (2) But all Devises and Bequests of Lands and Tenements shall remain and continue in full force, until the same be Burnt, Cancelled, Torn or Obliterated by the Testator, or his Direction in manner aforesaid, or unless the same be altered by some other Will or Codicil in Writing, or other Writing of the Devisor, Signed in the presence of three or four Witnesses, declaring the same; any former Law or Usage to the contrary Notwithstanding.

And be it further Enacted by the Authority aforesaid, That from and after the said last day of December, all Declarations or Creations of Trusts,All Declara­tions or Cre­ations of Trust to be in Writing. or Confidences of any Lands, Tenements or Hereditaments, shall be manifested and proved by some Writing, Sign [...]d by the Party who is by Law enabled to declare such Trust, or by his last Will in Writing, or else they shall be utterly void and of none effect.

Provided always, That where any Conveyance shall be made of any Lands or Tenements, by which a Trust or Confidence shall or may arise or result by the Implication or Construction of Law,Trusts ari­sing, trans­ferred or ex­tinguished by implicati­on of Law excepted. or be Transferred or Extinguish­ed by an Act or Operation of Law, then, and in every such case, such Trust or Confidence shall be of the like Force and Effect as the same would have been, if this Act had not been made; any thing herein before contained to the contrary notwithstanding.

And be it further Enacted, That all Grants and Assignments of any Trust or Confidence,Assignments of Trust shall be in writing. shall likewise be in Writing, Signed by the Party, Granting or Assigning the same by such Last Will or Devise, or else shall be utterly void and of none Effect.

And be it further Enacted by the Authority aforesaid, That from and after the said last day of December, Contract for Sale of Goods for Ten Pounds or more. No Contract for the Sale of any Goods, Wares and Merchandizes, for the price of Ten Pounds, or upwards, shall be allowed to be good, except the Buyer shall accept part of the Goods so Sold, and actually receive the same, or give something in Earnest to bind the Bargain, or in part of payment, or that some Note or Memorandum in Writing of the said Bargain, be Made and Signed by the Parties to be Charged by such Contract, or their Agents thereunto lawfully Authori­zed.

And for prevention of Fraudulent Practices, in Setting up Nuncupative Wills, which have been the occasion of much Perjury. Nuncupative Wills.

Be it Enacted by the Authority aforesaid, That from and after the aforesaid last day of December, Not to be good for a­bove the va­lue of Thir­ty Pounds, that is not proved by the Oaths of three Wit­nesses. No Nuncupative Will shall be good, where the Estate thereby Bequeathed, shall exceed the value of Thirty Pounds, that is not proved by the Oaths of Three Witnesses (at the least) that [...] present at the making thereof, nor unless it be proved that the Te­stator at the time of pronouncing the same, did bid the persons present, or some of them bear witness, that such was his Will, or to that effect; nor unless such Nuncupative Will were made in the time of the last Sickness of the Deceased, and in the House of his or their Habitation or Dwelling, or where he or she hath been Resident, for the space of ten days or more, next before the making of such Will, except where such person was surprized or taken Sick, being from his own Home, and Dyed before he returned to the place of his or her Dwelling.

And be it further Enacted, That after six months passed after the [Page 9] speaking of the pretended Testamentary Words, no Testimony shall be re­ceived to prove any Will Nuncupative, except the said Testimony,No Testimo­ny to be re­ceived to prove such Will after six months, Except &c. or the Subs [...]ance thereof were committed to writing within six days after the ma­king o [...] the said Will.

And be it further Enacted, That no Letters Testamentary, or Probate of any Nuncupative Will, shall pass the Seal of any Court, till fourteen days at the least after the Decease of the Testator, be fully expired, nor shall any Nuncupative Will be at any time received to be proved,Probate of Nuncupative Wills. unless Process have first issued to call in the Widow, or next of Kindred to the Deceased, to the end they may contest the same, if they please.

And be it further Enacted, That no Will in Writing, concerning any Goods or Chattels, or Personal Estate, shall be Repealed; nor shall any Clause,No written Will to be [...] out by writing. Devise or Bequest therein, be altered or changed by any Words, or Will by word of mouth only, except the same be in the Life of the [...]estator, com­mitted to Writing, and Read to the Testator, and allow [...] [...] him, and prov­ed to be so done by Three Witnesses at the least.

Provided always, Souldiers & Mariners Wills excep­ted. That notwithstanding this Act, any Souldier being▪ in actual Military Service, or any Mariner or Seaman being at Sea, may dispose of his Moveables, Wages, and Personal Estate, as he or they might have done before the making of this Act.

An Act for Affirming of former Judgments, and providing for Executions.

WHEREAS upon Tryals had in the late Courts of Judicature within the several Colonies, now by Their Majesties Royal Char­ter United and Incorporated into one Province, by the name of the Province of the Massachusetts Bay, several Judgments were obtained, of which Execution remains to be done, and some others are depending by Appeal, according to the course and practice of the Courts then in being. To the end that there be no failure of Justice for want of a due course of Law, fo [...] the prosecuting, obtaining and levying of the same.

Be it Enacted and Or [...]ained by the Governour, Council and Re­presentati [...]es, Convened in General Court or Assembly, and by the Authority of the same▪ That where any Appeal as aforesaid is depending, having not been heard; every such Appellant shall have a Summons from the Clerk of the Superiour Court, unto the adverse party, to be Served upo [...] him seven days inclusive before the Courts sitting, requiring him to appear [...] the first Superiour Court, to answer the said Appeal; where the same shall be heard and tryed according to former Usage upon the first Evidence and no other: And the Judgment to be affirmed or reversed as the Case shall there be Judged upon Tryal. And if the Appellant neglect to appear, or prosecute his Appeal, the former Judgment shall be affirmed, and Execution awarded accordingly.

And it is further Enacted by the Authority aforesaid, That where Judgment has passed in any County Court, or Court of Commissioners, and Execution has not been taken out and levied for satisfying of the same; the Party for whom any Judgment was so given, his Executors or Admini­strators shall have a Writ of Scire Facias from the Clerk of the Inferiour Court of Pleas within the same County, in which such Judgment was ob­tained, [Page 10] unto the adverse party to appear before said Court, to shew cause (if any there be) why Execution should not issue-forth. And in case of Non-appearance, or that sufficient cause be not shewn to the Court, the former Judgment shall be affirmed, and Execution granted accordingly, the Costs of this Tryal to be added unto the same. Provided that the said Writ of Scire Facias be Served seven days inclusive before the Courts sitting.

And be it further Enacted, by the Authority aforesaid, That after one year expired next after giving Judgment in any Court o [...] Record within this Province,No Executi­on after one year expired, to be granted without a scire facias ▪ no Execution for such Judgment shall be Issued out, until a Writ of Scire Facias hath been granted out of the same Court, and Served upon the adverse party, as is before directed, or left by the Sheriff, his Un­der-Sheriff or Deputy, at his Dwelling, or place of usual and last Abode, re­quiring him to appear and shew cause (if any he have) why Execution ought not to be done. And upon his Non-appearance, or not shewing of sufficient cause as aforesaid; the Court shall thereupon award Execution.

An Act for Regulating the Assize of Cask, and preventing Deceit in Packing of Fish, Beef, and Pork for Sale.

BE it Ordained and Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That from and after the first Day of December next, all sorts and kinds of Thight Cask used for a­ny Liquor, Fish, Beef, Pork or any other Commodities, within this Their Majesties Province,Assize of Cask. shall be of London Assize. That is to say, Butts to contain One Hundred and Twenty Six Gallons, Puncheons Eighty Four Gallons, Hogsheads Sixty Three Gallons, Tearses Forty Two Gallons, Barrels Thir­ty One Gallons and an half;Gagers to be appointed. Cask to be markt by the Gager & his Fee. Every Coo­per to have a distinct brand mark. And made of sound well seasoned Timber, and free of Sap. And that fit persons be appointed, from time to time, in all places needful, to View and Gage all such Cask; and such as shall be [...]ound of due Assize, shall be Marked with the Gagers Mark, who shall have for his Pains, Four Pence per Ton: And every Cooper shall set his distinct Brand Mark on his own Cask; on Penalty of Forty Shillings. And whosoever shall put to Sale any New Cask, being defective, either in Workmanship, Timber or Assize, as aforesaid; upon proof thereof, made before one Justice of the Peace, he shall forfeit such Cask, and be Fined the Sum of Ten Shillings.

Defective Cask to be Forfeited. And be it further Enacted by the Authority aforesaid, That the Justi­ces of the Peace, at their First General Quarter Sessions, to be holden in each Respective County, within this Province; shall Yearly, in every Town need­ful thereof,Quarter Ses­sions to ap­point gagers and packers and swear them. Penalty of Refusal. Ten Shillings penalty for packing in a­ny Cask un­der Assiz [...]. Choose and Appoint a fit person or persons, to be Gagers and Packers, and them to Swear to the due Execution of their Office; which if any person so Appointed, shall refuse, he shall pay the Sum of Forty Shillings, & another shall be Chosen & Appointed in his stead. And every Gager & Packer shall take care that all Cask in which he Packs Beef, Pork, Mackarel, Fish, or other Goods committed to his care, be of true and full Assize, and that he Pack the same in no other Cask whatsoever, on penalty of Ten Shillings for every Cask by him Packed, that is or shall be defective in that Respect. And if any of the before mentioned Provisions shall be Packed into Half Barrels, or [...]i [...]kins, the same shall be made in Proportion to the Assize aforesaid; and be ma [...]ked by the Packer.

[Page 11] And for the preventing of Fraud and Deceit in the Packing of Pickled Fish, Beef and Pork to be put to Sale.

Be it further Enacted by the Authority aforesaid, That in every Town, where such Goods are Packt up for Sale,The whole half & quar­ter of meat [...] to be put up and not the best left out. Fish to be all of one kind. the Gager or Packer of such Town, or of the Town wherein they are put to Sale, or Shipped, shall see that it be well and orderly performed, That is to say, Beef and Pork the whole half and quarter, and so proportionably, that the best be not left out, and so Fish and Mackarel, that they be Packed all of one kind; and that all Casks so packed be full, and the Fish sound and well seasoned, setting his Seal on all Cask so packed, and he shall receive of the owners for so Packing, and Sealing, Four Shilling [...] per Ton.Four Shil­lings per Ton for packing and Sealing And if any such Provisions be put to [...], or Shipped off without the Packers mark, they shall be forfeited.

And it is further Enacted, That all sorts of green or pickled Fish▪ S [...]urgeon, or Flesh that shall be put up for Transportation to a forreign Mar­ket, shall be searched, surveyed and approved by a Sworn Packer,Fish and Flesh for Transporta­tion to be Searched & Repacked by the Pack­er. Penalty on Masters and Mariners ta­king any Provisions Aboard Un­sealed. who shall take strict care that the same be put up in Thight Cask of full Gage, Salted with suitable Salt. And such as shall be so saved, and for its condition found Merchantable, and full, the Packer shall Seal with such Brand Mark, a [...] shall be assigned to the Town, and such other Cut-Mark added, as may denote the sort of Provision, and time when Packed. And all such other Provision as the Packer shall find wholsome and useful, though for its quality it be not Merchantable; he shall cause to be well Packed, Salted, Filled, and Seal­ed with the Letter R. and such other Letters as may signifie the Town, Spe­cie, and time of Packing. And if any Master of a Ship, or other Vessel, or any Officers, or Mariners, belonging thereto shall receive such Provisions not Marked and Sealed as aforesaid, a [...]ard any of their Ships or Vessels, he or they who shall offend therein, shall forfeit double the value of all such Provi­sions; and he that owns the Provisions, shall forfeit the same. And if any Cooper, or other Person shall Shift any Fish or Flesh, either on Board, or on Shore, after the same hath been so Sealed and Marked by the Packer,Penalty for Shifting of Provisions after Sealing. and Ship and Export the same, the Packer having not allowed thereof, and a new Sealed and Marked the Cask whereinto such Provisions are Shifted: All Persons acting, ordering or assisting therein, shall be set in the Pillory, not exceeding one hour, and shall likewise pay double Damages to persons wrong­ed thereby.

And it is further Enacted by the Authority aforesaid, Provisions that have lain three months packt in the Sum­mer to be Reviewed. That where any such Provisions have lain above three months under the Packers Mark, be­twixt the Months of May and October, they shall again, upon Exportation or Sale, be viewed or searched by the Packer, That is to say, so many of them as may probably discover the condition of the whole; and if any be decayed or deceitfully dealt with, the Packer shall Cull and Repack the same, so as to distinguish and mark them for Merchantable, or refuse, according to their condition. And if those who Ship or Export any such Provision, shall neg­lect or refuse such second Search or Survey, the Packer is hereby Ordered and Impowred to deface his former Mark, and for so doing, shall be paid as if he had Repackt the same. And if the owner refuse to satisfie the Packer, such Packer shall have redress on complaint to any Justice of the Peace; who is hereby Impowred to compel the payment thereof by Distress.

And it is further Enacted by the Authority aforesaid, That all Tarr that shall be exposed to Sale, within this Province, shall be in Barrels,Assize of Cask for Tarr. half Barrels, and thirds of a Barrel of the Measure and Assize following; [...] is to say, the Barrel to contain Thirty Gallons, the half Barrel and third of a Barrel, of the same Gage proportionably, and in no other Cask whatsoever. And all Cask to be made of the same Assize, and Branded [Page 12] the Judgment or Sentence of any Judicatories or Courts within our said Province or Territory in any personal Action,Appeals to the King in some Personal Actions. wherein the Matter in dif­ference doth exceed the Value of three hundred pounds Sterling, that then he or they may Apppeal to Us, our Heirs and Successors, in our or their Privy Council, Provided that such Appeal be made within fourteen dayes after the Sentence or Judgment given; and that before such Appeal be allowed, securi­ty be given by the Party or Parties appealing, in the value of the matter in difference, to pay or answer the Debt or Damages for the which Judgment or Sentence is given,Execution not to be staid with such Costs and Damages as shall be awarded by Us, our Heirs or Successors, in Case the Judgment or Sentence be affirmed: And Pro­vided also that no Execution shall be staid or suspended by reason of such Ap­peal unto Us, our Heirs and Successors, in Our or their Privy Council, so as the Party suing or taking out Execution, do in the like manner give security to the Value of the matter in Difference, to make Restitution in Case the said Judgment or Sentence be Reversed or Annulled upon the said Appeal. And We do further, for Us, our Heirs and Successors, Give and Grant to the said Governour,The general Court has Power to make Laws, not repug­nant to the Laws of England. and the great and general Court or Assembly of our said Provinc [...] or Territory for the time being, full Power and Authority, from time to time, to Make, Ordain and Establish all manner of wholsome and reasonable Orders, Laws, Statutes and Ordinances, Directions and Instructions, either with Pe­nalties or without (so as the same be not repugnant or contrary to the Laws of this our Realm of England) as they shall judge to be for the good and wel­fare of our said Province or Territory, and for the Government and Ordering thereof, and of the People inhabiting, or who shall inhabit the same, and for the necessary support and defence of the Government thereof. And We do for Us, our Heirs and Successors, give and grant, that the said General Court or Assembly shall have full Power and Authority to Name and settle Annual­ly,To Name and Settle Civil Officers Except &c. all Civil Officers within the said Province, such Officers Excepted, the Ele­ction and Constitution of whom We have by these Presents reserved to Us, our Heirs and Successors, or to the Governour of our said Province for the time being; and to set forth the several Duties, Powers and Limits of every such Officer to be appointed by the said General Court or Assembly, and the Forms of such Oaths not repugnant to the Laws and Statutes of this our Realm of England, Power to im­pose Taxes on all the Inha­bitants, to be disposed by warrant from the Gover­nour and Council, or according to such Acts as shall then be in force. as shall be respectively administred unto them for the Execution of their several Offices and Places; and also to impose Fines, Mulcts, Imprisonments, and other Punishments, and to impose and levy proportionable and reasona­ble Assessments, Rates and Taxes upon the Estates and Persons of all and eve­ry the Proprietors or Inhabitants of our said Province or Ter [...]itory, to be issued and disposed of by Warrant under the Hand of the Governour of our said Province for the time being, with the Advice and Consent of the Coun­cil, for our Service in the necessary Defence and Support of our Government of our said Province or Territory, and the Protection and Preservation of the Inhabitants there, according to such Acts as are or shall be in force within our said Province, and to dispose of matters and things, whereby our Subjects, In­habitants of our said Province, may be religiously, peaceably and civilly go­verned, protected and defended, so as their good Life and orderly Conversa­tion may win the Indians, The Conver­sion of the In­dians to be endeavoured. Natives of the Countrey, to the Knowledge and Obedience of the only true God and Saviour of Mankind, and the Christian Faith, which his Royal Majesty our Royal Grandfather King Charles the First, in his said Letters Patents declared was his Royal Intentions, and the Adven­turers free Profession to be the principle End of the said Plantation. And for the better securing and maintaining Liberty of Conscience hereby granted to all Persons at any time being and residing within our said Province or Ter­ritory as aforesaid, Willing, Commanding and Requiring, and by these Pre­sents, for Us, our Heirs and Successors, ordaining and appointing that all such Orders, Laws, Statutes and Ordinances, Instructions and Directions as shall be so Made and Published under our Seal of our said Province or Territo­ry, shall be carefully and duely observed, kept and performed, and put in Execution according to the true intent and meaning of these Presents. Provided alwayes, and We do by these Presents, for Us, our Heirs and Suc­cessors, Estab [...]ish and Ordain, that in the framing and passing of all such Or­ders, [Page 13] Laws, Statutes and Ordinances,The Gover­nour to have a Negative on the Acts of the Gene­ral Assem­bly, &c. and in all Elections and Acts of Go­vernment whatsoever, to be passed, made or done by the said General Court or Assembly, or in Council, the Governour of our said Province or Territory of the Massachusetts-Bay in New-England for the time being, shall have the Negative Voice, and that without his Consent or Approbation signified and declared in Writing; no such Orders, Laws, Statutes, Ordinances, Elections, or other Acts of Government whatsoever, so to be made, pass'd or done by the said General Assembly or in Council, shall be of any force, effect or validity, any thing herein contained to the contrary in any wise Notwithstanding. And We do for Us, our Heirs and Successors, Establish and Ordain, that the said Orders, Laws, Statutes and Ordinances, be by the first opportunity after the making thereof, sent or transmitted unto Us, our Heirs and Successors, under the Publick Seal, to be appointed by Us, for Our or their Approbation or Disallowance. And that in Case all or any of them shall at any time within the space of three Years next after the same shall have been presented to Us, our Heirs and Successors, in our or their Privy Council, be disallowed and rejected, and so signified by Us, our Heirs and Successors,Laws to be sent to Eng­land for the Royal Ap­probation: If not disal­lowed within three Years to be in force until Repea­led by the Assembly. under our or their Sign Manual and Signe [...], or by Order in our or their Privy Council, unto the Governour for the time being then such and so many of them as shall be so disallowed and rejected, shall thenceforth cease and determine, and become utterly void and of none effect. Provided always, that in Case We, our Heirs or Successors, shall not within the term of three Years after the presenting of such Orders, Laws, Statutes or Ordinances, as aforesaid, signifie our or their Disallowance of the same, then the said Orders, Laws, Statutes or Ordinances, sha [...]l be and Continue in full Force and Effect, according to the true in­tent and meaning of the same, until the Expiration thereof, or that the same shall be repealed by the General Assembly of our said Province for the time being. Provided also, that it shall and may be lawful for the said Governour and General Assembly to make or pass any Grant of Lands lying within the Bounds o [...] the Colonies formerly called the Colonies of the Massachusetts-Bay, and New-Plymouth, and Province of Main, in such manner as heretofore they might have done by virtue of any former Charter or Letters Patents;The Gene­ral Court has Power to pass any grants of Land in Massachusetts Plymouth, or the Province of Mayn. Grants or Land be­tween Saga­dahook and St. Laurence to have the Royal Ap­probation. which Grants of Land [...] within the Bounds aforesaid, We do hereby Will and Ordain to be and continue for ever of full Force and Effect, without Our further Approbation or Consent. And so as nevertheless, and it is our Royal Will and Plea­sure, that no Grant or Grants of any Lands lying or extending from the Ri­ver of Sagadahock, to the Gulph of St. Laurence and Canada Rivers, and to the Main Sea Northward and Eastward, to be made or past by the Governour and General Assembly of our said Province, be of any force, validity or effect, un­til We, our Heirs and Successors, shall have signified our or their Approbation of the same. And we do by these Presents for Us, our Heirs and Suc­cessors, grant, establish and ordain, that the Governour of our said Province or Territory for the time being, shall have full power by himself, or by any chief Commander, or other Officer or Officers, to be appointed by him from time to time, to Train, Instruct, Exercise and Govern the Militia there; and for the special Defence and safety of our said Province or Territory, to Assemble in Martial Array, and put in Warlike Posture the Inhabitants of our said Province or Territory, and to Lead and Conduct them, and with them to Encounter, Expulse, Repel, Resist and Pursue by Force of Arms,The Gover­nour to Com­mand the Militia. as well by Sea as by Land, within or without the Limits of our said Province or Territory, and also to kill, slay, destroy and conquer, by all fitting wayes, en­terprizes and means whatsoever, all and every such Person and Persons as shall at any time hereafter attempt or enterprize the destruction, invasion, detri­ment or annoyance of our said Province or Territory; and to use and exercise the Law Martial in time of actual War, Invasion or Rebellion, as occasion shall necess [...]ily require; and also from time to time to Erect Forts, and to Forti [...]ie any Place or Places within our said Province or Territory, and the same to furnish wi [...]h all necessary Ammunition, Provision and Stores of War, for offence or defence, and to commit from time to time, the Custody and Government of the same, to such person or persons as to him shall seem mee [...], and the said Forts and Fortifications to demolish at his pleasure, and to take and surprize [Page 14] of his Bond, that he may be forth coming when the Child is Born·

Further it is Enacted by the [...], That every Ju­stice of the Peace in the County where the Offence is Committed, may cause to be Staid and Arrested all Affrayers,Power of the Justice of Peace. Rioters, Disturbers or Break­ers of the Peace, and such as shall ride, or go armed offensively before any of Their Majesties Justices, or other Their Officers or Ministers do­ing their Office, or elsewhere, by Night or by Day, in fear or affray of Their Majesties Liege People; and such others as shall utter any Menaces or Threatning Speeches: And upon view of such Justice or Justices, confession of the party, or other Legal Conviction of any such Of­fence, shall Commit the Offender to Prison, until he find Sureties for the Peace and good Behaviour; and seiz and take away his Armour or Weapons, and shall cause them to be apprized and answered to the King as forfeited:Breach of the Peace▪ Forcible En­try and detainer. And may further punish the Breach of the Peace in any person that shall smite or strike another, by Fine to the King, not exceeding Twenty Shillings; and require Bond with Sureties for the Peace; or Bind the Offender over to answer it at the next Sessions of the Peace, as the nature or circumstance of the Offence may be; and may make enquiry of forcible entry and detainer, and cause the same to be removed; and make out Hue and Cries after Runaway Servants, Thiefs and other Criminals.

And it is further Enacted, by the Authority aforesaid, That if a­ny person or persons of the Age of Discretion (which is accounted fourteen years,Lying and Libelling or upwards) shall wittingly and willingly make or publish any Lye or Libel, tending to the defamation or damage of any particular person; make or spread any false News or Reports, with intent to abuse and deceive others: Every such person or persons offending in any of the particulars before-mentioned, and being duly convicted thereof, before one or more Justices of the Peace, shall be Fined according to the degree of such Offence; not exceeding the Sum of Twenty Shillings for the first conviction, and find Sureties for the good Behaviour. And if the Party be unable to pay the said Fine, then to be set in the Stocks, not exceeding three hours; or be corporally punished by Whipping, at the discretion of the Justice or Justices, before whom the Conviction shall be; according as the circumstances or na­ture of the Offence shall be. And the said Justice or Justices may restrain and commit the Offender, until he pay the said Fine, and find Sureties for the good Behaviour; or may cause the fine to be Levied by Distress and Sale of the Offenders Goods. And the Party or Parties grieved or inju­red by reason of any of the Offences aforesaid; shall or may take his or their Suit against any such Offender or Offenders in any Court of Re­cord▪

It is further Enacted by the Authority aforesaid, That if any person or persons upon his or their own Head or Imagination, or by false Con­spiracy and Fraud with others, shall wittingly, subtilly and falsely forge or make; or subtilly cause or wittingly assent to be forged or made any false deed,Forgery. con­veyance or writing Sealed, or the Will of any person or persons in Writing to the intent that the State of Freehold or Inheritance, Right, Title or Interest of any person or persons of, in, or to any Lands, Tenements or Heredita­ments shall or may be molested, troubled, defeated, recovered or char­ged; or shall as is aforesaid, forge, make, or cause, or assent to be made, or forged, any Obligation, or Bill Obligatory, Letter of Attorney, or any Acquittance, Release, or other Discharge of any Debt, Accompt, Action, Suit, Demand, or other thing personal; Or if any person or persons shall Pronounce, Publish, or shew forth in evidence, any such false and forged Deed, Conveyance, Writing, Obligation, Bill Obligatory, Letter of Attor­ney, Acquittance, Release or Discharge, as true, knowing the s [...]me to be [Page 15] false and forged as is aforesaid, to the intent above [...]; and shall be thereof convicted, either upon action or actions of Forge [...] [...] false Deeds to be founded upon this Act at the Suit of the party grieve [...], [...] otherwise according to the order and due course of Law, or upon Bill or Information. That then every such Offender shall pay unto the party grieved his double costs and damages, to be found and assessed in such Court where the said Conviction shall be; and also shall be set upon the Pillory in some Market Town, or other open place, and there to have one of his ears cut off; and also shall have and suffer Imprisonment by the space of one, whole year, with­out bail or ma [...]nprize. And the Party or Parties grieved by reason of any of the Offences aforesaid, may take his or their Suit against any such Offender or Offenders, in any Court of Record; where no Essoign, Injunction or Prote­ction shall be allowed the party defendant.

Provided always, and it is Enacted by the Authority aforesaid, That this Act or any thing therein contained, shall not extend to charge any Judge of Probate, or Register, with any the offences aforesaid, for putting their Seal o [...] Office to any Will to be exhibited unto them, not knowing the same to be false or forged, for writing of the said Will or Probate of the same. Nor to any other person or persons that shall shew forth or give in Evidence any false or forged writing for true or good, being not party or privy to the forging of the same, nor knowing the same to be false or forged, any thing in this Act to the contrary notwithstanding.

And it is further Enacted and Ordained by the Authority aforesaid, If any person or persons, either by the subornation, unlawful procurement, reward, sinister perswasion, or means of any other; or by their own act, consent or agreement,Wilful Per­jury. shall wilfully and corruptly commit any manner of wilful Perjury, by his or their deposition in any Court of Record, or being examined, Ad perpetuam rei memoriam, That then every person and persons so offending, and being thereof duly convict, or attainted by Law, shall for his or their offence, lose and forfeit Twenty Pounds; the one Moiety thereof, un­to Their Majesties, and the other Moiety to such person or persons as shall be grieved, hindred or molested by reason of any such offence, that shall sue for the same by Action of Debt, Bill, Plaint, Information, or otherwise in any Court of Record; in the which no Wager of Law, Essoign, Protection, or Injunction to be allowed: And also to have Imprisonment by the space of six months, without bail or mainprize. And the Oath of such person or per­sons so offending, not to be received in any Court of Record, until such time as the Judgment given against the said person or persons, shall be reversed by attaint or otherwise; and upon every such reversal, the parties agrieved to recover his or their damages against all and every such person and persons, [...] did procure the said Judgment, so reversed, to be given against them or any of them, by Action or Actions, upon his or their case or cases; according to the course of the common Law.

And i [...] it happen the said Offender or Offenders, so offending, not to have any Goods or Chattels, to the value of Twenty Pounds, that then he or they be set on the Pillory by the space of one whole hour, in some Market Town where the offence was committed, or next adjoyning to the place where the Offence was Committed, and to have both his Ears nailed; and from thenceforth to be discredited and disabled for ever to be sworn in any Court of Record, until such time as the Judgment shall be reversed.

And all & every person & persons who shall unlawfully & corruptly procure any Witness or Witnesses, by Letters▪ Rewards, Promises, or by any other sinister and unlawful labour or means whatsoever; to commit any wilful and corrupt Perjury, in any matter or cause whatsoever depending, or that shall depend in suit and variance by any Writ, Action, Bill, Complaint or Information in any Court of Record; or to testifie in perpetuam rei memoriam: Every such [Page 16] Offender, being thereof duely convict or attainted by Law, shall for his o [...] their offence be proceeded against, and suffer the like pains, penalties, forfeitures, and disability in all respects as above-mentioned.

See Additional Act about Criminal Offences, page. And it is further Enacted by the A [...]hority aforesaid, That all the a­foresaid Forfeitures and Sums of Money arising for any offence mentioned in this Act, and every Branch thereof, and not otherwise disposed of shall be unto Their Majesties, for and towards the Support of the Government of this Province, and the Incident Charges thereof.

An Act for the Suppressing of Unlicense [...] Houses, and the due Regulation of such as are, or shall be Licensed.

BE it Ordained and Enacted by the Governour, Council [...] Representatives Convened in General Court, and by the Authorit [...] of the same, That no person or persons whatsoever (other tha [...] such as upon producing Certificate from the Select men of the Town whe [...] they dwell,None to keep a house of common Entertain­ment, or Sell strong Drink publickly or privately without Li­cence on pe­nalty of For­ty Shillings. One half to the Informer and the other to the use of the poor Upon s [...]cond conviction, to give bond for the good behaviour. Licences to be renewed yearly and bond given Justices may grant Lic [...]nse without Cer­tificate of the Select-men upon notice given. or who shall be otherwise thought fit by the Justices themselve [...] shall be Licensed by the said Justices in Quarter Sessions) may presume t [...] be a common Victualler, Inn holder, Taverner, or Seller of Wine, Beer, Al [...] C [...]der or strong Liq [...]ors by Retail: Nor shall any presume without such Li [...]cence, to Sell Wine or strong Liquors privately by a less quantity than Quarter Cask, and that delivered and carried away all at one time: O [...] pain of forfeiting the Sum of Forty Shillings for every such offence upon d [...] Conviction thereof; one half thereof to the Informer, and the other half t [...] the use of the poor of the Town where such Offence is committed. An [...] upon a second Conviction, besides the forfeiture of Forty Shillings as aforesaid shall enter into Recognizance with one or more Sureties for the good Beha [...]viour, especially not to transgress the Law in that respect.

Be it further Enacted by the Authority aforesaid, That all Licence be Renewed yearly, and Bond given for the due Observance of the same and of the Laws, and that the person Licenced, shall use his Licence in suc [...] House as shall be therein named, and no other.

And if the Justices in Quarter Sessions shall think fit to Licence any person or persons not presenting a Certificate as aforesaid from the Select-men, th [...] Clerk of the Sessions, before granting Licence to any such, shall signifie th [...] name and desire of every such person unto the Select-men of the Tow [...] where such person dwells, one month before hand, that so they may hav [...] opportunity and liberty to offer their Objections against it, if any such be.

And forasmuch as the ancient, true and principal use of Inns, Taverns, Al [...] Houses, Victualling Houses, and other Houses for common Entertainmen [...] is for Receipt, Relief and Lodging of Travellers and Strangers, and the Refreshment of persons upon lawful Business; or for the necessary supply of th [...] wants of such poor persons as are not able by greater quantities to make thei [...] provision of Victuals, and are not intended for Entertainment and Harbouring of lewd or idle people to spend or consume their Money or time there: Therefore to prevent the Mischiefs and great Disorders happening d [...]d, by the abuse of such Houses.

It is further Enacted by the Authority aforesaid, That no Taverner Inn keeper, Ale-house keeper or Victualler, shall have or keep in or about their Houses, Out-Houses, Yards, Backsides, Gar [...]ens or Places to them belong­ing, [Page 17] any Dice, Cards, Tables, Bowk, Shuffle [...]board, Billiards, Coyts, Cales, Logats,Games and Gaming for­bidden in Publick-hou­ses, on pain of 40 s ▪ Penalty on Gamesters. Penalty for refusing to give Evidence against per­sons Selling without Li­cence. One Justice may hear and determine all Offences a­gainst this Act See Act for the better discove­ry &c. of un­licensed hou­ses page Act for sup­pressing of drunkenness page And Act for the Inspecting and Suppress­ing disorders in Licensed houses page or any other Implements used in Gaming; nor shall suffer any person or persons resorting unto any of their Houses, to use or exercise any of the said Games, or any other unlawful Game or Sport within their said Houses, or any of the Dependences as aforesaid, or places to them belonging; on pain of forfeiting the Sum of Forty Shillings for every such Offence, upon due conviction thereof; the said Fine to be disposed of as aforesaid. And every person convicted of Playing as aforesaid in any such House or Dependences thereof, shall forfeit the Sum of Six Shillings and Eight-pence, to be disposed of as aforesaid.

And further it is Enacted by the Authority aforesaid, That any person duly Summoned to give in Evidence respecting the Breach of this Act, in any of the Branches thereof, (other than the party himself, his Chil [...]dren or Servants) that shall refuse to give in upon his Oath, when so requi­red, what he knows relating to the Premises, shall forfeit Forty Shillings to the use of the Poor of the Town as aforesaid.

And it is further Enacted by the Authority aforesaid, That eve­ry Justice of the Peace in the County where he dwells, as well as the Justices in Quarter Sessions, are hereby respectively Impowred to hear and determine all Offences against this Act, and may commit the Offender to Prison, until he pay the said fine, and enter into Recognizance as aforesaid for the good Behaviour; or may cause the fine to be Levied by Distress and Sale of the Offenders Goods, returning the Overplus, if any be.

An Act for the better Observation and Keeping the Lords-Day.

BE it Enacted and Ordained by the Governour, Council and Re­presentatives Convened in General Court or Assembly, and it is Enacted by the Authority of the same, That all and every per­son and persons whatsoever, shall on that Day carefully apply themselves to Duties of Religion and Piety, publickly and privately;Labour and Sports Prohi­bited on pe­nalty of 5 s. and that no Trades­man, Artificer, Labourer or other person whatsoever, shall upon the Land or Water, do or exercise any Labour, Business, or Work of their ordinary Cal­lings; nor use any Game, Sport, Play or Recreation on the Lords-Day, or any part thereof; (works of necessity and charity only excepted) upon pain that every person so offending shall forfeit Five Shillings.

Further it is Ordered and Declared, That no Traveller, Drover,Travelling prohibited on penalty of 20 s. Horse-Courser, Waggoner, Butcher, Higler, or any their Servants, shall Tra­vel on that Day, or any part thereof, except by some adversity they were be­lated and forced to lodge in the Woods, Wilderness or High ways, the night before; and in such case, to Travel no further than the next Inn or place of shelter, on that Day; upon the penalty of Twenty Shillings.

Further it is Ordered, That no Vintner, Inn holder,Publick hou­ses not to en­tertain any o­thers than Strangers and Lodgers on penalty of 5 s. for every person. or other person keeping any Publick house of Entertainment, shall entertain or suffer any of the Inhabitan [...]s of the respective Towns where they dwell, or others not being Strangers, or Lodgers in such Houses, to abide or remain in their Houses, Yards, Orchards, or Fields drinking, or idly spending their time on Saturday night after the Sun is set, or on the Lords-Day, or the Evening following; upon the pain and penalty of Five Shillings for every persons, payable by [Page 18] themselves respectively that shall be found so drinking or abiding in any such. Publick House or Dependences the [...]of as aforesaid; and the like Sum of Five Shillings to be paid by the Keeper of such House, for every person Enter­tained by them.

And for the better Execution of all and every the foregoing Orders, every Justice of the Peace within his County shall have power and authority to Convent before him,One Justice of the Peace may hear & determine any breach of this Act. any person or persons, who shall offend in any of the particulars before mentioned, and upon his own view, or other legal convicti­on of any such offence, to impose the fine and penalty for the same, and to restrain or commit the Offender until it be satisfied; or to cause the same to be levied by distress and sale of the Offenders Goods, returning the Over­plus (if any be) and in case any such Offender be unable or refuse to satisfie such fine,Fines for breach of this Act to be to the use of the poor. to cause him to be put in the Cage, or set in the Stocks, not exceeding three hours: All fines and penalties accruing by this Act, to be to the benefit and [...]elief of the Poor of such Town where the Offence is committed; and delivered into the hands of the Select-men, or Overseers of the poor for that end.

And all Masters and Governours of Families are hereby required to take effectual care that their Children, Servants and others under their immediate Government, do not transgress in any of the foregoing parti­culars.

And all and every Justices of the Peace, Constables and Tything-men are required to take effectual care,Justices, Con­stables, &c. required to see that this Act be ob­served. and endeavour that this Act in all the particulars thereof be duly observed; as also to restrain all persons from Swimming in the water, unnecessary and unseasonable walking in the Streets or Fields in the Town of Boston, or other places, keeping open their Shops, or following their secular Occasions or Recreations in the E­vening preceeding the Lords Day, or on any part of the said Day or Evening following.

And all persons are strictly required to be obedient to, and aiding and assisting such Justices, Constables and other Officers herein, as they will answer the contrary at their peril.

An Act for prevention of common Nusances arising by Slaughter-Houses, Still-Houses, &c. Tallow Chandlers, and Curriers.

BE it Ordained and Enacted by the Governour, Council and Representatives Convened in General Court or Assembly, and by the Authority of the same, That the Select men of the Towns of Boston, Salem and Charlstown respectively, or other Market Towns in the Province, with two or more Justices of the Peace dwelling in the Town, or two of the next Justices in the County, shall at or before the last day of March, One Thousand six Hundred Ninety Three, Assign some cer­tain places in each of said Towns (where it may be least offensive) for the Erecting or Setting up of Slaughter-Houses,Slaughter Houses, Still-Houses, &c. to be in certain places assigned, and no other. for the killing of all Meat: Still-Houses, and Houses for trying of Tallow, and currying of Leather, (which Houses may be Erected of Timber, the Law referring to Building with Brick or Stone notwithstanding) And shall cause an Entry to be made in the Town Book▪ o [...] what places shall be by them so Assigned, and make known the same by posting it up in some publick places of the Town. At which Houses and places respective [...]y, and no other, all Butchers and Slaughter men, Di­stille [...]s, Chandlers and Cu [...]iers, shall exercise and practice their respective Trades and Mysteries; on pain that any Butcher or Slaughter-man transgres­sing [Page 19] of this Act by killing of Meat in any other place, for every Conviction thereof, before one or more Justices of the Peace, shall forfeit and pay the Sum of Twenty Shillings. And any Distiller, Chandler or Currier offending a­gainst this Act, for every Conviction thereof before Their Majesties Justices at the General Sessions of the Peace for the County, shall forfeit and pay the Sum of Five Pounds; one third part of said forfeitures to be to the use of Their Majesties, for the Support of the Government of the Province, and the incident Charges thereof; one third to the Poor of the Town, where such Offence shall be committed; and the other third to him or them that shall Inform and Sue for the same.

And for preventing of Cruelty to Bruit Creatures.

It is further Enacted by the Authority aforesaid, That all Calves,Cruelty to br [...] Crea­tures forbid­den. Sheep or Lambs brought alive to the Market, shall be either driven or carried in Carts, Sleds, Panyers or Boats, and not otherwise; on pain of forfeiting of all Calves, Sheep or Lambs passing towards, or brought a [...]ive to the Market, laid across, or hanging by the sides of Horses, (as has been usual) or in any other way contrary to the true intent of this Act: one half of all [...]ch forfeitures to be unto the Informers, (who shall seize and prosecute for the same; and the other Moiety to the use of the poor of the Town, where such seizure shall be made,Select-men, Constables, &c. Impow­red to seiz. to be distributed by the Select-men or Overseers of the Poor.

And all Select-men, Overseers of the Poor, Constables, Tything men and other Officers in any Town upon their own view, or information of any transgression of this Act within their respective Precincts,Flesh blown or winded to be forfeited. shall and hereby are Impowred to seize or cause to be seized all Calves, Sheep or Lambs that shall be carried or brought alive to the Market, in any other way than is be­fore directed. And upon due proof thereof, made before one or more Justi­ces of the Peace, shall be forfeited,See Additional Act page and the same or the value thereof be dis­posed of as aforesaid.

And all Veal or other Meat exposed to Sale, that shall be blown up or winded, shall be alike forfeited and disposed of.

An Act for the orderly consummating of Marriages.

BE it Ordained and Enacted by the Governour, Council and Re­presentatives in General Court Assembled, and by the Autho­rity of the same, Justices [...]r Ministers re­spectively to Solemnize Marriages. That every Justice of the Peace within the Coun­ty where he resides, and every setled Minister in any Town, shall, and are hereby respectively Impowred and Authorized to Solemnize Marriages, with in their respective Towns and Coun [...]ies, betwixt persons that may lawfully enter into such Relation, having the consent of those whose immediate care and Government they are under, and being likewise first Published by asking their Banns at three several Publick Meetings in both the Towns where such parties respectively dwell; or by posting up their names and intentions at some publick place in each of the said Towns, fairly written,Publishment how to be made. there to stand by the space of fourteen days, and producing Certificate of such Publishment under the Hand of the Town-Clerk or Constable of such Towns respective­ly.

And the Fee to be paid for every Marriage, shall be Three Shillings;Fee for Mar­riage, &c. and for Publishment and Certificate thereof, One Shilling.

And be it further Enacted, That whoever shall presume to deface or pull [Page 20] down any such Publishment▪ posted up in writing,Penalty for pulling down publishments before the expiration of the time, shall be fined to the use of the Poor of the Town, the Sum of T [...] Shillings, being Convicted thereof, before one or more Justices of the Peace: And i [...] the party be unable to pay the said fine, then to be set in the Stoc [...] one whole Hour.Marriages to be Re­gistred.

And every Justice and Minister shall keep a particular Register of all Mar­riages Solemnized before any of them, and make a Return thereof at the end of each Quarter of a year unto the Clerk of the Sessions of the Peace within the same County,See Act to prevent In­cestuous Marriages page. to be by him Registred; who is hereby Impowred thereto, and shall be paid by every such Justice and Minister, Three-pence for each Marriage so returned.

And it is further Enacted by the Authority aforesaid, That all Controversies concerning Marriage and Divorce shall be heard and determi­ned by the Governour and Council.Divorce.

An Act for the Settlement and Support of Ministers and School-Masters.

BE it Ordained and Enacted by the Governour, Council and Representatives, Convened in General Court or Assembly, and by the Authority of the same, That the Inhabitants of each Town within this Province, shall take due care from time to time, to be constantly provided of an Able, Learned Orthodox Minister or Ministers, of good Conversation, to Dispense the Word of God to them; which Minister or Ministers shall be suitably encouraged and sufficiently sup­ported and maintained by the Inhabitants of such Town.Contracts & Agreements to be made good. And all Contracts, Agreements and Orders heretofore made, or that shall hereafter be made by the Inhabitants of any Town within this Province respecting their Mini­sters or School-Masters, as to their Settlement or Maintenance, shall remain good and valid according to the true intent thereof, the whole time for which they were or shall be made, in all the particulars thereof, and shall according­ly be pursued, put in Execution and Fulfilled. And where there is no Con­tract and Agreement made in any Town,Neglect of making suita­ble provision for Ministers to be redres­sed by the Quarter Ses­sions. respecting the support and mainte­nance of the Ministry; or when the same happens to be expired, and the Inhabitants of such Town shall neglect to make suitable provision therein; upon complaint thereof made unto the Quarter Sessions of the Peace for the County where such Town lies; the said Court of Quarter Sessions shall and hereby are Impowred to order a competent allowance unto such Minister, ac­cording to the Estate and Ability of the Town: the same to be assessed up­on the Inhabitants by Warrant from the Court, directed to the Select-men, who are thereupon to proceed to make and proportion such Assessment in manner as is directed for other publick Charges, and to cause the same to be Levied by the Constables of such Town, by Warrant under the Hands of the Select men; or of the Town-Clerk by their Order.

Be it further Enacted by the Authority aforesaid, That where any Town shall be destitute of a Minister qualified as aforesaid,The Court of Quarter Sessions to take care that no Town be destitute of a Minister. and shall so continue by the space of six months, not having taken due care for the pro­curing, setling and encouragement of such Minister, the same being made to appear upon complaint unto Their Majesties Justices at the General Sessions of the Peace for the County, the said Court of Quarter Sessions shall and hereby are Impowred to make an Order upon every such defective Town, speedily to provide themselves of such Minister as aforesaid, by the next [Page 21] Sessions at the furthest; and in case such Order be not complied with, then the said Court shall take effectual care to procure and Settle a Minister qua­lified as aforesaid, and order the Charge thereof, and of such Ministers main­tainance, to be Levied on the Inhabitants of such Town.

And it is further Enacted by the Authority aforesaid, Churches to enjoy their priviledges & freedoms. That the respective Churches in the several Towns within this Province, shall at all times hereafter, use, exercise and enjoy all their Privilledges and Freedoms respecting Divine Worship, Church-Order and Discipline. And shall be encouraged in the peaceable and regular profession and practice there­of.

And further it is Enacted, Repealed. That every Minister being a person of good Conversation, Able, Learned and Orthodox, that shall be Chosen by the major part of the Inhabitants in any Town,See Explanato­ry Act, page at a Town-Meeting du­ly warned for that purpose, (notice thereof being given to the Inhabi­tants fifteen days before the time for such Meeting) shall be the Mini­ster of such Town; and the whole Town shall be obliged to pay towards his Settlement and Maintainance, each man his several proportion thereof.See Additional Act, page

And it is further Enacted by the Authority aforesaid, That every Town within this Province, having the number of fifty House holders or up­wards,School for Reading and Writing. Grammar School. shall be constantly provided of a School-Master to teach Children and Youth to Read and Write. And where any Town or Towns have the num­ber of one hundred Families or Housholders, there shall also be a Grammar School set up in every such Town, and some discreet person of good Conver­sation, well Instructed in the Tongues procured to keep such School Every such School Master to be suitably encouraged and paid by the Inhabitants.

And the Select men and Inhabitants of such Towns respectively, shall take effectual care,School-Ma­sters to be supported. and make due provision for the settlement and maintenance of such School Master and Masters.

And if any Town qualified as before exprest, shall neglect the due obser­vance of this Act, for the procuring and setling of any such School-Master as aforesaid, by the space of one year. Every such defective Town shall in­cur the penalty of Ten Pounds for every conviction of such neglect, upon complaint made unto Their Majesties Justices in Quarter Sessions for the same County in which such defective Town lieth;Penalty for neglect. which penalty shall be toward the support of such School or Schools within the same County, where there may be most need, at the discretion of the Justices in Quarter Sessions; to be levied by Warrant from the said Court of Sessions in proportion upon the Inhabitants of such defective Town, as other publick Charges, and to be paid unto the County Treasurer.

An Act for the Settlement of the Bounds, & Defraying of the publick and necessary Charges arising within each respective County in this Province.

BE it Ordained and Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same, That all Counties as they now lye, and are named,Counties to continue as formerly. continue and remain distinct Counties to all intents and purposes in the Law whatsoever. And that there be a County Treasurer annually Chosen for each respective County, being a Freeholder with­in [Page 22] the same; and to be Chosen by the Votes of the Freeholders, and other Inhabitants of each respective Town, duly qualified as is provided by the Act for the choice of Select-men, and other Town Officers; and at the same time, such Votes to be given in Writing, and Sealed up by the Constable, by him to be kept and returned unto the next Quarter Sessi­ons, to be h [...]ld for said County, there to be opened and sorted by such as the Court shall appoint, in presence of the Justices; and the person having the majority of said Votes,Choice of County Treasurer. shall be Treasurer of such County for that year, and be Sworn before said Court.

And for the due and equal Raising of Monies for Defraying of the Char­ges arising within each respective County, for the necessary repairs and a­mendment of Bridges, Prisons, the maintainance of poor Prisoners, and all other proper County Charges.

It is further Enacted by the Authority aforesaid, That when and so often from time to time as there shall be need of raising Money for the ends aforesaid,County Charges how to be defrayed. in any County; the Justices in Quarter Sessions for such Coun­ty, receiving Information thereof from the County Treasurer, shall agree and determine the whole Sum to be raised, and each respective Towns proportion of the same, as near as may be according to the rule for raising of Mony for the Province Charges, and shall issue forth their Order unto the Select-men of the respective Towns to assess the same upon the Inhabitants of such Town, each one his one and equal proportion thereof according to the Rule before-mentioned, as near as may be, to be paid in Money, or equivalent thereto; and to make a distinct List of each persons name and proportion, under their Hands; and such List commit unto the Constable or Constables of such Town, with a Warrant signed by the Town Clerk, directed unto the said Constable or Constables to levy and collect the said assessment, of each one his respective proportion: And to pay in their said Collections unto the County Treasurer, or his Order, within the time set for the same: And to make distress upon every person neglecting or refusing to make payment: And in default of Goods or Chattels whereon to make distress, to commit the party to the common Goal of the County, until he make payment, or o­therwise be released by the Justices in Quarter Sessions. And if any person or persons think themselves over-rated in any such assessment, they shall be eased by the Assessors, making the same to appear; or in default thereof, by the Court of Quarter Sessions.

And further it is Enacted, That all Monies so Collected, be improv­ed and imployed for the ends within mentioned,Money how to be applyed as the Court of Quarter Sessions shall from time to time by their Order in writing, direct and ap­point. And the County Treasurer in each respective County, shall Accompt unto the Court of Quarter Sessions,Treasurer to Accompt. or whom they shall appoint, for all his Receipts and Payments.

Bounds of Townships to continue as heretofore granted and setled: And to be run, & marks re­newed once in three years under a penalty.An Act for Regulating of Townships, choice of Town-Officers, and setting forth their Power.

BE it Ordained and Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same, That the Bounds of all Townships shall be, & continue as heretofore granted and setled respectively, and shall be run betwixt Town and Town, and marks renewed once in three years, by two of the Select-men of each Town, or any other two persons whom the [Page 23] Select-men shall Appoint; the Select-men of the most ancient Town to give notice unto the Select men of the next adjacent Towns, of the time and place of Meeting for such Perambulation, six days before-hand, on pain of forfeiting Five Pounds by the Select men of any Town, that shall neglect their Duty in any of the particulars aforesaid: Two thirds thereof unto the use of the Poor of such Town; and the other third unto the Select-men of any of the next adjacent Towns, that shall Inform and Sue for the same, in the Inferiour Court of Pleas within the same County, to be Recovered by Action or Information.

And be it further Enacted by the Authority aforesaid, That each Pro­prietor of Lands lying Unfenced, or in any common Field, shall once in two years, on six days warning before given him,Proprietors of Lands un­fenced or in common Fields to run the Lines once in two years. by the next Proprietor or Pro­prietors adjoyning, run the Lines, make and keep up the Bounds between them, by sufficient met Stones; on pain that every Party so neglecting or refusing, shall forfeit the Sum of Ten Shillings: one half to the party moving, and the other half to the use of the Poor of the Town, being Convented and Convicted of such Neglect or Refusal, before any Justice of the Peace within the same County, who is hereby impowred to hear and determine the same.

And further it is Enacted by the Authority aforesaid, That the Pro­prietors of the undivided or common Lands within each Town and Precinct in this Province, where the same have been heretofore stated, each ones pro­portion being known, [...]all, and hereby are Impowred to order, improve or divide in such way and [...]nner as shall be concluded and agreed upon by the major part of the Interested; the Voices to be collected and accounted according to the Interests. And the Proprietors of all undivided or common Lands not stated and proportioned as aforesaid; shall, and hereby are Impow­red to manage, improve, divide or dispose of the same as hath been, or shall be concluded and agreed on by the major part of such Proprietors.Some more Lands, how to be im­proved. That no Cottage or Dwelling-place in any Town, shall be admitted to the privi­ledge of Commonage for Woods, Timber and Herbage, or any other the priviledges which lie in common in any Town, or peculiar, other than such as were erected or priviledged by the Grant of such Town or peculiar before the year One Thousand Six Hundred Sixty & One, or that have been since, or shall hereafter be Granted by the consent of any Town or Peculiar.

And whereas it has been a continued practice and custome in the several Towns within this Province, annually to Choose Select-men or Tow [...]men, for the ordering and managing of the prudential affairs of such Town, and other Town Officers for the Executing of other matters and things in the Laws appointed by them to be done▪ and performed.

Be it further Ordained and Enacted by the Authority aforesaid, That the Freeholders and other Inhabitants of each Town Rateable at Twenty Pounds Estate, to one single Rate besides the Poll;Qualification of Voters in Town-Meetings. shall some time in the Month of March annually meet and convene together upon notice given by the Constable or Constables of such Town, or such others as the Select men or Townsmen shall appoint, to give notice of such Meeting, and the time and [...]lace for the s [...]me: And by the major Vote of such Assembly, then and there shall Choose three, five, seven or nine persons, able and discreet,Select-men, Constables and other Town Offi­cers to be annually Chosen in March Town-Clerk to be under Oath. of good Conversation, Inhabiting within such Town, to be Select-men or Towns­men and Overseers of the Poor, where other persons shall not be particularly Chosen to that Office (which any Town may do as they shall find it neces­sary and convenient) as also to nominate and choose a Town-Clerk, who shall be Sworn truly to enter and record all Town-Votes, Orders, Grants and Divisions of Land, made by such Town, and Orders made by the Select [...]men; a Commissioner for Assessments, Constables, Surveyers of High­ways, [Page 24] Tything men, Fence viewers, Clerks of the Market, Sealers of Leather, and other ordinary Town Officers.See Additional Act page And the Town Clerk, or two of the Select-men, shall forthwith make, and give out unto the Constable or Con­stables of such Town, a List of the Names of those that shall be then Chosen to the Office of Town-Clerk, Constables, Tything men, Clerks of the Market, Sealers of Leather,Constables to Summon Town Offi­cers to be Sworn under a penalty. and other Officers, of whom an Oath is by Law requi­red; which Constable or Constables within the space of six days at furthest, shall Summon each of them respectively to appear before the Quarter Sessi­ons, if then sitting, or one of the next Justices of the Peace, to be Sworn to the faithful discharge of their respective Offices and Trust, on penalty of Twen­ty Shilling ▪ to the use of the poor of the Town, to be paid by each Constable neglecting of his Duty in that behalf, upon Conviction thereof before one Justice of the Peace;Persons ex­empted from Serving as Constables. and upon non-payment, to be Levied by Distress; Provided, That no person in Commission for any Office, Civil or Military, Church Officer, or Member of the House of Representatives for the time be­ing, nor any other who has served as Constable within the space of seven years before, shall be chosen to the Office of Constable.

Towns or Select men having In­structions, to make orders & by-laws. It is further Enacted by the Authority aforesaid, That the Free­holders and Inhabitants qualified as in this Act is mentioned in each respective Town, in any Town Meeting, orderly warned according to the Usage in such Town, or the major part so Assembled, or the Select-men having In­structions given them in writing by the Town for that purpose; be, and here­by are Impowred from time to time to make and agree upon such necessary Rules, Orders and By-Laws for the directing, managing and ordering the prudential Affairs of such Town,Orders & by-laws in Towns, to be approved by the quarter Sessions. as they shall judge most conducing to the peace, welfare and good order thereof, and to annex Penalties for the obser­vance of the same, not exceeding Twenty Shillings for one off [...]ce, provided that they be not repugnant to the general Laws of the Province: And such Orders and By-Laws being presented unto the Justices in Quarter-Sessions, and approved of by them, shall be [...]stablished, and binding to all the Inhabitants of such Town, and the penalty for breach of any of them by any of the In­habitants,Penalty to be levied by warrant from a Justice. to be Levied by Warrant of Distress from any Justice of the Peace before whom such Offender shall be Convicted, to the use of the Poor of such Town.

And further it is Enacted by the Authority af [...]resaid, That the Select-men or Townsmen chosen as aforesaid, in each Town respectively, be,Select-men to make As­sessment for County and Town char­ges. and hereby are Impowred to assess the Inhabitants and others Resi­dent within such Town, and the Precincts thereof, and the Lands and Estates lying within the Bounds of such Town, in just and equal propor­tion as near as may be unto the County Charges, according as they shall receive order from the Court of Quarter-Sessions to be held for the same County; and to all Town Charges, each particular person accord­ing to his known Ability and Estate, such Sum and Sums as hath or shall be ordered, granted and agreed upon from time to time by the Inhabi­tants in any Town meeting regularly assembled; or the major part of those present at such Meeting, for the maintai [...]ance and support of the Ministry,Ass [...]ssors or Town Clerk to make out a warrant for levying the same. Schools, the Poor, and for the defraying of other necessary Char­ges arising within the said Town, and thereof to make distinct and perfect Lists under their Hands, or the major part of them, setting down every per­sons name, and several proportion, and shall thereupon make out a Warrant to be signed by the said Assessors, or the Town-Clerk, by their Order (who are hereby respectively Impowred thereto) directed unto the Constable or Constables of the said Town; for the speedy Levying and Collecting of such Ass [...]ssments,Distress to be made on de­ [...]inquents. and to pay in the same unto the Select men, or to such person as they shall appoint for Receiver, within the time thereby prefixt. And to [Page 25] make Distress upon all such who shall neglect or refuse to make payment: And for want of Goods or Chattels whereon to make Distress, to [...]eize the person and Commit him to the Common Goal of the County, there to re­main until he pay the Sum upon him assessed as aforesaid;Persons over-rated to be e [...]sed. unless the same or any part thereof, upon application made unto the Quarter Sessions, shall be abated. And if any person think himself Over-rated, and make it so ap­pear unto the Assessors, he shall be eased: And if they refuse, such person a­grieved may make his application unto the Justices in Quarter Sessions, who are hereby Impowred to rectifie the same: And all Constables having any such Assessment committed unto them, shall settle and issue their Accompts thereof with the Select-men, or Receiver appointed by them,Constables to settle & issue their ac­compts with­in 3 months after the ex­piration of their year. within three months after their time or year is expired, on pain of forfeiting the Sum of Twenty Shillings per Month, for each Months neglect afterward, to the use of the Poor of such Town, and to be Levied by Distress upon such Delinquent Constables Goods, by Warrant from one Justice of the Peace, being Convented and Convicted of such neglect before him, who is hereby thereto Im­powred.

Provided nevertheless, that every Constable at the end of every three months shall pay in as foresaid,See Act Relating to Town As­sessments page so much as he shall have Collected within that time.

And it is further Enacted by the Authority aforesaid, That the Se­lect-men or Overseers of the Poor in each Town (where there are such Chosen, and specially Appointed for that Service) are hereby Impowred and Ordered to take effectual care that all Children, Youth, and other persons of able Body,Idle persons & loiterers to be imployed. Upon refusal to labour, to be sent to the house of cor­rection. living within the same Town or Precincts thereof (not having Estates otherwise to maintain themselves) do not live idly, or mispend their time in Loitering, but that they be brought up or imployed in some honest Calling, which may be profitable unto themselves, and the Publick. And if any person or persons fit and able to work, shall refuse so to do, but loiter and mispend his or her time, wander from place to place, or otherwise misorder themselves; and thereof be Convicted before one or more Justices of the Peace, such person or persons shall by such Justice or Justices be sent to the House of Correction, and at their entrance, be whipped on the naked back, by the Master of such House, or such other as he shall procure, not exceeding ten lashes; and be there kept to hard Labour, until he or she be discharged by such Justice or Justices, or the Quarter Sessions of the Peace for the same County. And it shall, and may be lawful for the Overseers of the Poor, or Select-men in each Town,Poor children to be bound out Appren­tices. where there are no other persons specially Chosen and Appointed to be Overseers of the Poor, and they are hereby Ordered with the assent of two Justices of the Peace, to bind any poor Children belonging to such Town, to be Apprentices, where they shall see convenient; a Man-child, until he shall come to the Age of Twenty one Years, and a Woman-child, to the Age of Eighteen years, or time of Marri­age: which shall be as effectual to all intents and purposes, as if any such Child were of full Age, and by Indenture of Covenant had Bound him or her self.

And it is further Enacted by the Authority aforesaid, That every person and person,Penalty for not serving in the Office of Constable. (except as in this Act is before excepted) being duly Chosen as aforesaid, to Serve in the Office of Constable, who shall refuse to take the Oath to that Office belonging, and to serve therein, if h [...] be able in person to execute the same, shall pay the S [...]m of Five Pounds, to the use of the Poor of such Town. And if in the Towns of Boston or Salem, the Sum of Ten Pounds, and shall forthwith declare his acceptance or refusal, and the Town shall proceed to a new Choice, and if such person refuse to pay down his Fine, he shall be Conven [...]ed before the next Sessions of the Peace, to be held for that County, in which such Town lieth, who upon Certificate under [Page 26] the Hand of the Town-Clerk, or two or more of the Select-men, that such person was legally Chosen to the Office of Constable, and shewing no just cause to the Sessions for his excuse; the Justices shall Order a Warrant to be signed by the Clerk of the Peace, directed to any of the Constables th [...]n in being within such Town, to Levy the said Fine by Distress and Sale of such Offenders Goods, returning the Over [...]plus (if any be) said fi [...] to be delivered unto the Overseers of the Poor, or Se­lect-m [...]n, to the use of the Poor of such Town.

And be it further Enacted by the Authority aforesaid, That if any person or person [...] come [...]o sojourn or dwell in any Town within this Province,Persons En­tertained in any Town by the space of 3 months, and not war­ned out, to be reputed Inhabitants. or Precinct thereof, and be there received and entertained by the space of three months, not having been warned by the Constable, or other person whom the Select-men shall appoint for that Service, to leave the place, and the names of such persons, with the time of their Abode there, and wh [...]n such warning was given them, returned unto the Court of Quarter Sessions; every such person shall be reputed an Inhabitant of such Town, o [...] Precincts of the same; and the proper Charge of the same, in case through Sickness, Lameness, or otherwise they come to stand in need of relief, to be born by such Town; unless the Relations of such poor impotent person, in the Line or Degree of Father or Grand-father,Persons of ability to re­lieve their poor relations Mother or Grand-Mother, Children or Grand-Children, be of sufficient ability; then such Relations respectively shall relieve such poor person, in such manner as the Justices of the Peace in that County where such sufficient persons dwell, shall assess; on pain that every one failing therein, shall forfeit Twenty Shillings for every months neglect, to be Levied by Distress and Sale of such Offenders Goods by War­rant from any two such Justices of the Peace ( [...] Unus) within their Limits; which shall be imployed to the use and relief of such impotent poor person. Provided nevertheless this Act shall not be un­derstood of any persons committed to Prison, or lawfully restrained in any Town, or of such as shall come, or be sent for Nursing or E­ducation, or to any Physician or Chirurgeon to be Healed or Cured; but the particular persons who receive and entertain any such, shall be the Towns Security in their behalf; and be obliged to relieve and support them in case of need; upon Complaint made to the Quarter Sessions, who shall accordingly Order the same.

And it is further Enacted by the Authority aforesaid, That any person orderly warned as aforesaid to depart any Town whereof he is not an Inhabitant,Persons war­ned out of a­ny Town to depart in 14 days or else to be sent by the Constable. and neglecting so to do by the space of fourteen days next after such warning given, may by Warrant from the next Justice of the Peace be sent and conveyed from Constable to Constable, unto the Town where he properly belongs, or had his last Residence, at his own Charge, if able to pay the same, or otherwise at the Charge of the Town so sending him.

And further it is Enacted by the Authority aforesaid, That when and so often as there shall be occasion of a Town-Meeting for any Business of Publick Concernment to the Town,Constables to warn Town-meet­ings. there to be done. The Constable or Constables of such Town, by order from the Se­lect men, or major part of them, or of the Town Clerk by their Or­der, in each respective Town within this Province shall warn a Meet­ing of such Town, having order for the same in Writing; on pain that every Constable neglecting his Duty in that respect, and being thereof Convicted before one Justice of the Peace, shall forfeit the Sum of Twenty Shillings, Penalty for neglec [...] ▪ to the Use of the Poor of such Town, and [Page 27] to be Levied by Distress and Sale of such Offenders Goods, by War­rant from such Justice of the Peace, upon neglect or refusal of pay­ment. And in case the Select men in any Town shall unreasonably deny to call a Meeting of the Inhabitants of such Town,Justice to give Warrant for Town-meet­ing in case. upon any Publick Occasion thereof, the same being complained of, and made to ap­pear to one of the next Justices of the Peace within the same Coun­ty; such Justice by his Warrant directed to the Constable or Consta­bles, may order a Meeting of the Inhabitants of such Town, therein signi­fying the occasion thereof.

An Act for due Regulation of Weights and Measures.

TO the end that Weights and Measures may be one [...] the same throughout this Their Majesties Province.

Be it Enacted and Ordained by the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, Standard of Winchester measure. That the Brass and Copper Weights and Measures formerly sent out of England, with certificate out of Their Majesties Exchequer, to be approved Winchester Measure according to the Standard in the Exchequer, be the publick allowed Standard throughout this Their Majesties Province, for the proving and sealing all Weights and Mea [...]sures thereby. And the Constables of every Town throughout this Provinc [...] not already supplied,Constables to provide Standards. shall within three months next coming provide upon the Towns Charge One Bushel, one half Bushel, one Peck, one half Peck, one Ale Quart, one Wine pint and half pint, one Ell, one Yard, one set of Brass Weights, to Four Pounds, after sixteen ounces to the Pound, with fit Scales, and [...]teel Beam, tried and proved by the aforesaid Standard, and Sealed by the Treasurer, or his Deputy in his Presence, (which shall be kept and used only for Standards in the several Towns) who is hereby Autho­rized to do the same, for which he shall receive from the Constables of each Town, Two pence for every Weight and Measure so tried and proved and Sealed.Sealer of Weights and measures, how to be chosen. And the Constables of every Town shall commit those Weights and Measures unto the custody of the Select men of their Towns for the time being, who with the Constables are hereby enjoyned to Choose one able man for Sealer of all Weights and Measures for their Town from time to time, and till another be Chose, who shall be presented unto the next Court of Sessions, and there Sworn to the faithful Discharge of his Duty: And shall have power to send forth his Warrants by the Constable to all the Inhabitants of such Town,to grant out warrant, for Sealing of weights and measures in April yearly. to bring in all such Weights and Mea­sures as they make use of, in the Month of April, from year to year, at such time and place as he shall appoint, and make return to the Sealer in writing of all persons so Summoned. That then and there all such Weights and Measures may be proved and sealed with the Town Seal (which is likewise to be provided by the Constables at each Towns Charge) who shall have for every Weight and Measure so Sealed▪ One penny from the Owner thereof at the first Sealing.Fee And all such Weights and Measures as cannot be brought to their just Stan­dard, he shall deface and destroy,Penalty for neglect. and after the first Sealing shall have nothing, so long as they continue just with the Standard.

[Page 28] Penalty for Constables, Select men or Sealers neglect. And it is further Enacted by the Authority aforesaid, [...] if an [...] Constable, Select-man or Sealer, do not duly Execute this Law so far as to each and every of them appertains, they and each of them shall forfeit to Their Majesties for every such neglect, by the space of one month the Sum of Forty Shillings, towards the Support of their Government here. And every person neglecting to bring in their Weights and Measures at the time and place appointed, being duly warned thereto, shall likewise forfeit Three Shillings and Four-pence;Penalty for not bringing in weights when warned. the one half whereof to be to their Majesties as aforesaid, the other half to the Sealer aforesaid. And the pe­nalty herein mentioned, to be Levied by Distress by Warrant from any Justice of the Peace.

And it is further Enacted by the Authority aforesaid, That in every Sea-port-Town within this Province, the Constable or Constables are to provide upon the Towns Cha [...]e,Sea-port Towns to be provided of great weights. One Hundred Weight: one half Hundred, one quarter of an Hundred, and one fourteen pounds Weight made of Iron, to be tried, proved and sealed as aforesaid, and be kept as Standards in the said several Towns [...]o [...] used as before for other Weights and Measures is directed.

An Act for the Regulating and Encourage­ment of Fishery.

UPON Consideration of great Damage and Scandal, that hath happened upon the account of Pickled Fish, although afterwards dried and hard­ly discoverable; to the great loss of many, and also a [...] ill Reputation [...] this Province, and the Fishery of it.

Be it therefore Enacted by the Governour, Council and Representa­tives, Convened in General Court or Assembly, and it is Enac [...]ed by the Authority of the same, That no person or persons whatsoever, after the Publication hereof, shall save or salt any sort of Fish (that is intended to be dried) in Cask or Fatts, or any other way than what hath formerly and honestly been practised for the making of dry Fish,Flow dry Fish shall be saved. on penalty of forfeiting all such Fish so salted and pickled, whether it be green or dry: The one Moiety thereof to the use of the Poor of the Town, where the offence is committed, and the other Moiety to the person that shall sue for the same.

No Mackrel to be salted up before the first of July. And it is further Enacted by the Authority aforesaid, That henceforth no Mackrel shall be Caught (except for spending whilst fresh) before the first of July annually: And no person or persons whatsoever after the publi­cation hereof, shall at any time or place within this Province, take, kill, or hale ashore any Mackrel, with any sorts of Nets, or Sa'ns whatsoever, on penalty of forfeiting all such Mackrel so taken or haled ashore, and also all such Nets and Sa'ns which were so imployed:See Explanatory Act page. The one half thereof to Their Majesties towards the suppor [...] of this Their Government, and the other half to him or them that shall Inform and Sue for the same. And all Justices are hereby Impowred, and Required to Grant their Warrants for the seizing of the same,Penalty for taking Mac­karel in Netts or Seyn [...]. and the aforesaid forfeitures, or the receiving of the like value in currant Money of this Province.

An Act Requiring the taking the Oaths ap­pointed to be taken instead of the Oaths of Allegiance, and Supremacy.

WHEREAS Their Royal Majesties in and by Their Charter for the Erecting and Incorporating of Their Province of the Massachusetts Bay, in New-England, Have Granted and Ordained, That the Governour, or Lieutenant or Deputy Go­vernour of Their said Province, or Territory for the time being, or either of them, or any two or more of the Council or Assistants for the time be­ing, as shall be thereunto appointed by the said Governour, shall and may at all times, and from time to time, have full Power and Authority to administer and give the Oaths appointed by an Act of Parliament made in the First Year of Their present Majesties Reign, (Entituled, An Act for the Abrogating of the Oaths of Allegiance and Supremacy, and appointing other Oaths) to be taken instead of the Oaths of Allegiance and Supremacy; to all and every person and persons which are now Inha­biting or Residing within the said Province or Territory; or which shall at any time or times hereafter go or pass thither.

Now to the intent that there be no failure herein, but that Their Majesties Subjects within this Their Province, may accordingly Recognize their Duty and Allegiance.

Be it Enacted and Ordained by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That the Oaths in said Act mentioned, and thereby appointed to be taken instead of the Oaths of Allegiance and Supre­macy,All male persons of 18 years & upwards to take the Oaths. and each of them be and shall be forthwith Administred and given unto all Male persons of the Age of Eighteen Years, or above, Inhabiting or Residing in any Town or Place within this Province (that have not already taken the same, and shall make it so to appear) by His Excellency the Gover­nour, or the Lieutenant or Deputy Governour, or any two or more of the Council or Assistants, or such others as shall be thereunto appointed by the Governour; and the List of the Names of all persons so Sworn, to be return­ed into the Secretary's Office.

And be it further Enacted by the Authority aforesaid, That if any person or persons shall refuse to take the said Oaths▪ or either of them when tendred to him or them by any persons lawfully Authorized as is aforesaid; to administer or tender the same; the person or persons so tendering the said Oaths,Penalty for refusing. or either of them, shall commit the said person & persons so refusing to the common Goal, or House of Correction; there to remain without Bail or Mainprize, for the space of three months; unless such Offender shall pay down to the said per­son or persons so Tendering the said Oaths, or either of them, such Sum of Money, not exceeding Forty Shillings; as the said person or persons so ten­dring the said Oaths, or either of them, shall require such Offender to pay for his said refusal; which Money shall be paid to the Select-men, or Over­seer [...] of the Poor of the Town, or place where such Offender did last Inhabit.

And unless every such Offender, shall also become bound with two suffici­ent Sureties, with condition to be of the good Behaviour; and also to appear at the next General Quarter Sessions of the Peace, to be held for the same County, where such Offender doth Inhabit or Reside; at which Court of Quarter Sessions, the said Oaths shall be again Tendered to every such Of­fender by the Justices of the said Court in open Sessions. And if the said [Page 30] Offender, shall refuse to take the said Oaths, or either of them, when Ten­dred to him by the said Justices in open Sessions as is aforesaid; the said Ju­stices Tendering the said Oaths, shall commit the said person and persons so refusing, to the common Goal, or House of Correction, there to remain for the space of six months,Penalty for a 2d refusal. unless every such Offender shall pay down to the Justices so Tendring the said Oaths, such Sum of Money, not exceeding Ten Pounds, nor under Five Pounds, as the said Justices shall require such Offender to pay for his second refusal; the said Money to be disposed of in manner aforesaid; and unless every such Offender shall likewise become Bound with two sufficient Sureties, with condition to be of the good Behaviour, until he or they do take the said Oaths.

And whereas there are certain persons who scruple the taking of any Oath.

Be it Enacted by the Authority aforesaid, That every such person shall make and subscribe the Declaration of Fidelity following, viz: ‘I A. B. Do sincerely Promise, and solemnly declare before God and the World; That I will be true and faithful to King WILLIAM, Declaration of Fidelity. and Queen MARY: And I do solemnly profess and declare, that I from my Heart, Abhor, Detest, and Renounce as Impious and Heretical, that Damnable Doctrine and Pos [...]tion. That Princes Excommunicated or Deprived by the Pope, or any Authority of the S [...]e of Rome may be Deposed or Murdered by their Subjects, or any other whatsoever. And I do Declare, that no Forreign Prince, Person, Prelate, State or Potentate, hath, or ought to have any Power, Jurisdiction, Superiority, Preheminence or Authority, Ec­clesiastical or Spiritual, within the Realm of England, or any of Their Ma­jesties Dominions.’

An Act for the Establishing of Forms of Oaths.

BE it Declared and Enacted by the Governour, Council and Re­presentatives in General [...]ourt Assembled, and by the Authori­ty of the same, That the several Forms of Oaths here Under­written, Be and are hereby Established. To be Given and Administred unto the respective Officers for whom they are appointed. As followeth.

YOU A. B. being Chosen and Admitted of Their Majesties Council within this Their Province,Counsellors Oath. Do Swear by the Everliving God. That you wi [...]l to the best of your Judgment at all times, freely give your Advice to the Governour, for the good Management of the Publick Affairs of this Government; and that you will not directly nor indirectly Reveal such mat­ters as shall be Debated in Council, and Committed to your Secrecy. But will in all things be a true and faithful Counsellor when you are thereunto Required. So help you God.

YOU A B. Do Swear, That as Justice of the Peace in the County of S. according to the Commission given you. You shall Dispense Justice e­qually and impartially in all Cases.Justice of Peace Oath. And do equal Right to the Poor and to the Rich, after your cunning, wit and power, and according to Law. And you shall not be of Council in any Quarrel that shall come before you: You shall not Let for Gift or other Cause. But well and truly you shall do your Office of Justice of the Peace in that behalf, taking only appointed Fees. And you shall not direct or cause to be directed any Warrant (by you to be [Page 31] made) to the Parties; but you shall direct your Warrant to the Sheriff, his Under Sheriff or Deputy, Constable, Tything-men, or other Officers, proper for the Execution of the [...]ame in the County. And this you shall do without favour or respect to persons. So help you God.

YOU Swear, That you will well and truly Serve the King and Queens Majesties, in the Office of the Sheriff of the County of S. And do the King and Queens profit in all things that belongeth to you to do by way of your Office, as far forth as you can or may;Sheriff or Marshals Oath, Muta­tis mutandis. you shall truly keep the King and Queens Right [...], and all that belongs to the Crown; you shall not Res­pite the King and Queens Debts for any gift or favour, where you may Raise them without great grievance of the Debtors; you shall truly and up­rightly treat the people of your Sheriffwick, and do right as well to Poor as to Rich, in all that belongeth to your Office; You shall do no wrong to any man, for any gift or other behest or promise of Goods, for favour nor hate; you shall disturb no mans Right; you shall truly acquit at the Treasury, all those of whom you shall any thing receive of Their Majesties Debts; you shall nothing take whereby Their Majesties may lose, or whereby the Right may be letted or disturbed, or Their Majesties delayed; you shall truly return, and truly Serve all their Majesties Writs, as far forth as shall be to your cunning; you shall take no Bayliff into your Service, b [...]t such as you will answer for, and of true and sufficient men in the County, and shall cause each of your Bayliffs to make such Oath as you make your self in that belongeth to their Occupation. And over this in eschewing and restraint of the Man slaughters, Robberies, and other mani­fold grievous offences that be done daily. All these things you shall truly observe and keep as God help you.

YOU as Foreman of this Inque [...] for the Body of this County of S. You shall diligently Enquire, and a true Presentment make of all such mat­ters and things as shall be given you in Charge;Grand Jurors Oath. The King and Queens Ma­jesties Counsel, your Fellows and your own, you shall keep secret; you shall present no man for envy, hatred or malice; neither shall you leave any man unpresented for love, fear, favour or affection, or hope of reward; but you shall present things truly as they come to your knowledge, according to the best of your understanding. So help you God.

THE same Oath which your Foreman hath taken on his part, you and every of you on your behalf shall well and truly observe and keep. So help you God.

YOU shall well and truly try,Petit Jurors Oath. and true deliverance make between Our Soveraign Lord and Lady, the King and Queen, and the Prisoners at the Bar, whom you shall have in Charge according to your Evidence. So help you God.

YOU Swear, That in all Causes betwixt party and party that shall be committed unto you:Jurors Oath in civil cases. You will give a true Verdict therein according to Law, and the Evidence given you. So help you God.

YOU Swear, That in the Office of Town-Clerk within the Town of B. whereto you are Chosen:Town Clerks Oath. You will diligently and faithfully attend and discharge the Duty of your Place, and duly observe the directions of the Law in all things whereto your Office hath relation, and thereby committed to your care and trust. So help you God.

[Page 32] Oath of Lea­ther Sealer. Clerk of the Market, Cul­ler of Fish, Packer, Ga­ger, Mutatis Mutandis.YOU Swear, That you will from time to time diligently and faithfully Discharge and Execute the Office of [...] within the Limits whereto you are Appointed for the Ensuing Year, and until ano­ther be Chosen in your place; and that in and by all the particulars menti­oned in the Laws whereto your Office hath Relation; and that you will do therein Impartially according to Law, without Fear or Favour. So help you God.

WHEREAS you A. B. are Chosen Constable within the Town of C. for one year now following, and until other be Chosen and Sworn in your Place: You do Swear, That you will carefully intend the Preservation of the Peace, the discovery and preventing all attempts against the same: That you will duly Execute all Warrants which shall be sent unto you from lawful Authority;Constables O [...]th. and faithfully attend all such Directions in the Laws, and Orders of Court, as are, or shall be committed to your care. That you will faithfully and with what speed you can, Collect and Levy all such Fines, Di­stresses, Rates, Assessments and Sums of Mony, for which you shall have suf­ficient Warrants according to Law; rendring an account thereof, and paying in the same according to the direction in your Warrant. And with like faithfulness, speed and diligence, will Serve all Writs, Executions and Di­stresses in private Causes betwixt party and party, and make Returns thereof duly into the same Court, where they are Returnable. And in all these things you shall deal seriously and faithfully whilst you shall be in Office without any sinister respects of favour or displeasure. So help you God.

An Act for Regulating Fees.

BE it Enacted and Ordained [...]y the Governour, Council and Representatives, Convened in General Court or Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That the Establishment of the Fees belonging to the several Offices in this Province; be as followeth.

In the Superiour Court.

[Page 35] In the Inferiour Court.

And be i [...] further Enacted by the Authority aforesaid, That what Officer soever shall ask, demand and take any greater or other Fees than are before-mentioned for the matters aforesaid,Penalty for taking exces­sive Fees. or any of them, and be thereof duly Convicted in any Court of Record within this Province, shall forfeit and pay the Sum of Ten Pounds currant Money, one Moiety whereof to be unto Our Soveraign Lord and Lady, the King and Queen, Their Heirs and Successors, for and towards the Support of the Government of this Their Province, and the contingen [...] Charges ther [...]f: And the other Moiety unto the Informer, or him that shall Sue for the same in any Court of Record; wherein no essoign, protection, or wager of Law shall be allowed. And shall further pay unto the party grieved, double the value of the excessive Fees so taken.

An Act for Ascertaining the number, and Re­gulating the House of Representatives.

WHEREAS Their Majesties have been Graciously pleased by Their Royal Charter, to grant power unto the Great and General Court or Assembly of Their Province of the Massa­chusetts Bay; from time to time to direct, appoint, and declare, what number of Representatives each County, Town or place shall Elect and Depute to serve for and represent them respectively, in the said Assembly.

Be it therefore Enacted and Ordained by His Excellency the Governour, Cou [...]il and Representatives, now in General Court Assembled, and by the Authority of the same, That henceforth eve­ry Town within this Province, c [...]sisting of the number of forty Freeholders, and other Inhabitants qualified by Charter to Elect,Towns con­sisting of 40 Freeholders or other In habitants qualifyed to choose to send one Repre­sentative. shall and hereby are In­joyned to Choose and send one Freeholder as their Representative; and every Town consisting of the number of one hundred and twenty Freeholders and other Inabitants, qualified as aforesaid, or upwards, may send two such Re­presentatives, and each Town of the number of Thirty Freeholders, and o­ther Inhabitants qualified as aforesaid, or upwards, under Forty, are at liberty to send one or not; but may choose and send one Representative, if they think fit, to serve for, and represent them respectively in every Session of the Great and General Court or Assembly from time to time. And all Towns under thi [...]ty Freeholders,One hundred & tw [...]nt [...] or upwards, may send two. may send one to represent them, or joyn with the next Town in the Choice of their Representatives, they paying a proportio­nable part of the Charge. And no Town, shall at any time send more than two Representatives▪ except Boston, who are hereby granted to choose and send four.B [...]ston four

And be it further Enacted by the Authority aforesaid, That when and so o [...]ten as His Excellency the Governour shall see cause to Convene and Hold a Great and General Court or Assembly, Writs shall Issue out from the [Page 37] Secretary's Office under the Seal of the Province, and signed by the Gover­nour, thirty days at least,Writts for calling a ge­neral Assem­bly to issue 30 days be­fore. before the time appointed for such Assemblies meeting, directed unto the Sheriffs of the several Counties. And where there is no Sheriff in any County or place, there to be directed to the Marshal, com­manding each of them respectively to send his Precepts to the Select-men of the several & respective Towns within such County, to assemble and call toge­ther the Freeholders and other Inhabitants qualified as aforesaid, to choose and elect one or more Freeholders, as the number in each Town is more or less, as above, to serve for and represent them in such Great and General Court or Assembly: The major part of the Select-men in each Town respectively, to be present at such Meeting,Select-men to regulate the meeting. and to give directions for the regular and orderly carrying on of the same: Who are to return the said Precept with the names of such as shall be Chosen by the major part of the Electors present at such Meeting, under their Hands unto the respective Sheriffs or Marshals by them to b [...] returned into the Secretary's Office, one day at the least, be­fore the time prefixed for the said Court or Assemblies Sitting.

And it is further Enacted by the Authority aforesaid, House of Re­presentatives judges of E­lections &c. That the Re­presentatives Assembled in any Great and General Court, shall be the sole Judges of the Elections and Qualifications of their own Members; and may from time to time settle, order and purge their House, and make such neces­sary Orders for the due Regulation thereof, as they shall see occasion.Forty Repre­sentatives constitute a house. And forty Representatives at any time so Assembled, shall be accounted a number sufficient to Constitute a House, Pass Bills, and to transact and do any Business proper to be done in that House; and such Acts to be esteemed valid and of Effect.

And be it further Enacted by the Authority aforesaid, That each Town respectively shall pay unto their several Representatives,Representa­tives Allow­ance. during their Attendance on the Court, and for the necessary time expended in their Jour­neying to and from thence; Three Shillings in Money Per Diem, within one Month next af [...]er the end of each Session commencing from His Ex­cellencies Arrival.

And it is further Enacted by the Authority aforesaid, That every per­son Chosen to Serve for, and Represent any Town in the General Assembly,Penalty for non atten­dance. and accepting thereof, shall give his constant Attendance, during their Sessi­ons, on pain of forfeiting the Sum of Five Shillings Per Diem for his neglect (without just excuse made and allowed of by the House of Representatives) to be paid unto the Clerk of the said House, and is to be disposed of and implo [...]ed as the House shall direct; and in default of payment, to be Levied by Distress upon such Delinquents Goods, by Warrant from the said Clerk, by Order of the House, directed to the Sheriff of the County, his Under-She­riff or Deputy, or Constable of the Town where such Representative dwel [...]s; and no Representative shall depart or absent himself from the Gene­ral Assembly, until the same be fully finished, adjourned or prorogued, with­out the Licence of the Speaker and Representatives Assembled, to be Entred upon Record in the Clerks Book,Not to de­part without leave of the Speaker & the house. on pain to every one so departing or a [...]senting himself in any other manner, to lose his Wages. And the Inhabi­tants of such Town for which he Serves, shall be clearly discharged of the said Wages against such person, and his Executors for ever.

And further it is Enacted by the Authority aforesaid, That no Member of the General Assembly,No Represen­sentative or his Servant to be arrest [...]d &c. during the S [...]ssion. or his Servant during the time of their Sessions, or going to and from thence shall be Arrested, Sued, Imprisoned, or any ways molested or troubled, or compelled to make answer to any Suit, Bill, Plaint or Declaration, or otherwise: Cases of High-Treason and Felony excepted.

An Act for the preventing of Danger by the French Residing within this Province.

THere having been frequent Complaints made to this Court, That although several French Protestants who lately fled from Persecu­tion; came Over-Sea into this Province, and were charitably En­tertain [...]d and Succoured here; yet since that, many of a contrary Religion and Interest, have been brought hither, and others have Obtruded themselves; which (especially in this time of War, between the Two Crowns of England and France) proves a grievous Inconvenience; and the Publick Safety is endangered by suffering such a mixt Company [...]mong us.

For Remedy whereof,

It is Enacted and Ordained by the Governour, Council and Repre­sentatives, Convened in General Assembly, and by the Authority of the same, No French to reside or be in any Sea-port or Frontier Town with­out License. That from and after the second day of January ne [...]t Ensuing; none of the French Nation be permitted to reside or be in any of the Sea-port or Frontier Towns within this Province; but such as shall be Licensed by the Governour and Council. Nor shall any of said Nation open Shop, or exercise any Manual Trade in any of the Towns of this Province▪ without the Approbation of the Select-men, first orderly obtained in Writing under their hands, on pain of Imprisonment.

And any two Justices of the Peace (Quorum Unus) within their respective Precincts, are hereby Impowred to Commit to Prison any person or persons legally Convicted of Offending against-this Act; upon the complaint of th [...] Select men in any Town, or any two of them; and to remain in Prison, until Released by Order of the Governour and Council.

An Act for the Explaining and Altering of some Clauses, and Sentences; and the Re­pealing of some others, contained in seve­ral Acts made and passed at the Second Session of this Court in October last, 1692.

BE it Enacted by the Governour Council and Representatives in General Court Assembled, and it is Enacted and De­clared by the Authority of the same, That whereas in the Act Entituled, An Act, For the Setling and Distribution of the Estates of Intestates, amongst other things, thereby Enacted and Provided, there is a Sa­ving to the Party agrieved, at any Order, Sentence or Decree, made for the Settle­ment and Distribution of any Intestate Estate, their right of Appeal unto the Gover­nour and Council.

It is now Declared and Enacted, That such Right of Appeal, shall to all intents and purposes, exte [...]d and be taken and construed to extend,Appeals from the Judge of Probate en­larged. as well [...]o any other Order, Sentence, Decree or Denyal, that shall at any time be made and given by the Judge of Probate, referring to the approbation and allowance of any Will, gr [...]nt of Administration or other matter; Any thing in said Act, to the contrary notwithstanding.

And further it is Enacted and Declared, That the Judge of Probate in each County respectively, when and so often as there shall be occasion;Guardians to be allowed by the Judge of Probate. Be, and hereby is Impowred, to allow of Guardians, that shall be Chosen by Minors of fourteen years of Age, and to appoint Guardians for such as shall be within that Age; taking sufficient Security of all such Guardians for the faithful discharge of their Trust, according to Law: And to Accompt either to the Judge or Minor, when such Mino [...] shall arrive at full Age, or at such other time as the Judge upon complaint to him made shall see cause.

AND whereas in one other Act, Entituled, An Act, For Affirming of former Judgments, and providing for Executions. Amongst other things thereby Enacted, It is Provided, that Appeals then depending, having [...] been Heard, shall be Heard and Tryed at the first Superiour Court.

It is hereby Explained and Declared, to be understood and intended, and shall be construed to intend, the first Superiour Court to sit within or for that County, where the Action was originally and first Tryed.

And for further Explanation and an Addition to the Section or Paragraph of said last mentioned Act, wherein provision is made, That a Scire Facias do issue forth upon any Judgment passed in any County Court or Court of Commissioners.

It is hereby Declared, to extend, and shall be construed and taken to extend as well to any Judgment passed in any Court of Assistants, Superiour or Inferiour Court at any time whatsoever; where Execution has not been taken out or not levied for satis­fying of the same, such Writ of Scire Facias to be granted out of the Clerks Office, of the Superi [...]ur or Inferiour Court respectively to be held within or for the same County, where such Judgment was given.

[Page 40] And whereas by the Pr [...]cedent or Form for an Execution, the Officer is Com­manded for want of Goods, Chattels or Lands of the Debtor, to be by him shewn or found within the Precinct, to take the Body of such De [...]r and Commit him to Prison.

It is hereby Explained, Enacted and Declared by the Authority aforesaid, That where Judgment is granted for Money, or any particular Specie,Judgments to be satisfy­ed in Specie. the Creditor shall not be compelled to take any other Specie; but in every such case, for want thereof, the Officer shall ta [...] the Body of the Debtor, in Execution, and Imprison him; unless such C [...]tor shall be con­tent to receive his satisfaction in such other Estate as may be tendred or found. And these words, To the Acceptance of the said A. B. shall be supplied and inserted in the Writ of Execution, to follow next the word Precinct.

And b [...] it further Enacted and Declared by the Authority aforesaid, That as well Original as Judicial Writs Issuing out of the Clerks Office, of the Inferiour Courts of Judicature respectively shall run into any County within this Province,Writs to run through the Province. and be there Executed by the Officer or Officers of such County to whom they are directed.

And be it further Enacted and Declared, That the Clause in the Act, Entituled, An Act for the Regulating and Encouragement of Fishery, That hence­forth no Mackeril shall be Caught (except for spending whilst fresh) before the first of July annually,Prohibition of Mackarel being caught be­fore the first of July Re­pealed. be, and hereby is fully repealed and made void: Any thing therein to the contrary notwithstanding.

And whereas by one other Act, Entituled, An Act for the Settlement and Support of Ministers and School Masters amongst other things therein Enacted: It is Ordained, That every Minister, being a person of good Conversation, Able, Learned and Orthodox, that shall be Chosen by the major part of the Inhabitants in any Town, at a Town Meeting duly warned for that purpose; notice thereof being given to the Inhabitants fifteen days before the time for such Meeting) shall be the Minister of such Town,Repeal of the para­graph in the Act for Settlement of Ministers. and the whole Town shall be obliged to pay towards his Settlement and Maintainance; each man his several proportion thereof. Upon further consideration of the said Secti­on or Paragraph in said Act, and the impracticableness of the method therein proposed for the Choice of a Minister, in divers Towns, wherein there are more Churches than one, and Inconveniencies attending the same not so well before seen.

It is Enacted and Declared, That the before recited Section or Para­graph, and all and every the Clauses therein contained, shall from henceforth be Repealed and Revoked, and are hereby Repealed and utterly made void for ever: Any thing in the said Act to the contrary notwithstanding.

And it is further Declared and Ordained, That the Paragraphs and Sections hereafter following, Be Enacted, and by the Authority afo [...]said are Enacted, in Addition to the remaining part of said Act relating to Mi­nisters:Ministers how to be Chosen. That is to say, That each respective gathered Church in any Town or Place within this Province, that at any time shall be in want of a Minister, such Church shall have power according to the directions given in the Wo [...]d of God to choose their own Minister.

And the major part of such Inhabitants as do there▪ usually attend on the Publick Worship of God, and are by Law duly qualified for Voting in Town Affairs, concurring with the Churches Act, the person thus Elected and Ap­proved, accepting thereof, and settling with them shall be the Minister, to­wards whose Settlement and Maintainance all the Inhabitants and rateable Estates lying within such Town, or part of a Town, or place limited by Law for upholding the Publick Worship of God, shall be obliged to pay in proportion. Provided, That nothing herein contained is intended or shall be construed to extend to Abridge the Inhabitants of Boston of their ac­customed [Page 41] way and practice as to the Choice and Maintainance of their Ministers.

Be it further Enacted, That in such Towns or Places where there is no Church Gathered, the Ra [...]ble Inhabitants of such Town or Place,Advice of Neighbour­ing Ministers to be had. at a Meeting duly warned for that pu [...]se, (notice thereof being given fifteen days before the time of such Meeting) by the major Vote of such Assembly then and there met, with the advice of three Neighbouring Ordained Mini­sters, shall Choose and Call an Orthodox, Learned and Pious Person, to Dispense the Word of God unto them; to the Settlement and Maintainance of which Minister, all Ra [...]eable Estates, and Inhabitants within such Town or place shall be assessed, and pay proportionably.

And it is further Enacted by the Authority aforesaid, That where any Town or Place shall be negligent of their Duty by Law required, re­specting the Maintainance of the Ministry, the Court of Quarter Sessions of the Peace within the same County, upon Complaint to them made,Sessions of the Peace to pro­vide Remedy in case of neglect of Maintenance of the Mini­stry. are Im­powred and Required effectually to provide for Remedy thereof, and by Warrant from said Court, to Convent before them the Select-men, or oth [...]s specially appointed by the Inhabitants of such Town or place, to take care [...] that matter, (having accepted such Betrustment;) and upon Conviction of neglect therein, [...] [...]pose a Fine up [...]n the Delinquents not exceeding Forty Sh [...]llings each p [...]n [...]or the first o [...]ence: And upon a second conviction of such neglect, to impose a Fine of Four Pounds upon each person, and the like Sum of Four Pounds for every after Conviction: Such fines to be Levied by Distress and S [...]e of the Offenders Goods returning the Over-plus (if any be) and to be disposed to the use of the Poor of the same Town or place, by the Select-men, or Overseers of the Poor.

An Act for the Registring of Births & Deaths.

FOR preventing of great uncertainty and inconvenience that may happen, for want of a particular Register of Births and Deaths.

Be it Enacted by the Governour, Council and Representatives, in General C [...]rt Assembled, and by the Authority of the same, That every Town Clerk within this Province, shall be, and is hereby Impowred and Required, to take an account of all persons, that shall be Born, or shall Dye,Town Clerk to Register Births and Deaths. within each Town respectively, and the Precincts thereof; and fairly to Re­gister in a Book, their Names and Sirnames, as also the Names and Sirnames of their Parents, with the time of their Birth and Death. And the Clerk shall demand and receive the Fee of Three pence, and no more, for each Birth or Death, by him so Registred; to be paid by the Parents, or others nextly related to, or concerned with the party Born or Dying. And if any shall re­fuse or neglect to give notice to the Town Clerk of the Birth or Death of a­ny person that they are so related to, or concerned for; or to pay for Regi­string as above-said; by the space of Thirty Days next after such Birth or Death: every person so refusing or neglecting, and being (upon the com­plaint of any Town Clerk) thereof convicted before a Justice of Peace with­in the same County, shall forfeit and pay unto such Clerk, the Sum of Five Shillings; to be Levied by Distress and Sale of the Offenders Goods by War­rant from such Justice; if payment thereof be not made within four days next after Conviction as aforesaid. And every Town Clerk shall give forth from the Registry a fair Certificate under his hand of persons Born or Dying in the Town, to any who shall desire the same; and [...]e shall receive Six pence and no more for every Certificate so given.

An Act for the Restraining the taking Excessive Usury.

FORASMUCH as the abatement of Interest hath always been found Benefici­al to the Advancement of Trade, and Improvement of Lands by good Husba [...]dry; and whereas the taking of Eight in the Hundred for the Interest of Money, tends to the great discouragement of Ing [...]ity and Industry in the Husbandry, Trade, and Commerce of this Province.

Be it for the Reasons aforesaid, Enacted by the Govern [...]r, Council and Representatives Convened in General Assembly, and it is Enacted by the Authority of the same, That no person or persons whatsoever, from and after the first day of August, in the year of our Lord, One Thousand Six Hundred Ninety Three;Six pound Per Cent. In­terest per Annum for loan of Mo­ney. upon any Contract to be made after that time, shall take directly or indirectly, for Loan of any Monies, Wares, Merchan­dize, or other Commodities whatsoever, above the value of Six Pounds for the forbearance of One Hundred Pounds for a year; and so after that rate for a greater or lesser Sum, or for a longer or shorter time; and that all Bonds, Contracts, Mortgages and Assurances whatsoever, made after the time aforesaid, for the payment of any principal or Money lent or covenanted to be lent, upon or for Usury, whereupon or whereby there shall be Reserved, or taken above the rate of Six Pounds in the Hun­dred as aforesaid,Penalty for Contracting for more shall be utterly void; and that all and every person and persons whatsoever, which shall after the time aforesaid upon any Contract, take, accept and receive by way or means of any corrupt Bar­gain, Loan, Exchange, or by Coven, or deceitful conveyance, or by any other way or means whatsoever, for the forbearing or giving day of payment for one whole year, of, and for their Money or other thing or things above the Sum of Six Pounds for the forbearing of One Hundred Pounds for a year; and so after that rate for a greater or lesser Sum, or for a longer or shorter time; shall forfeit and lose for every such Offence the full value of the Goods and Monies, or other things so lent exchang­ed, bargained, sold, or agreed for; one Moiety thereof to Their Majesties, towards the Support of the Government of this Province, and the con­tingent Charges thereof, the other Moiety to the Informer that shall Sue for the same; any Custom, Usage or Law to the contrary not­withstanding.

Provided, nothing in this Act shall extend to the letting of Cattle, or other Usages of like nature,A Saving. in practice amongst Farmers, or Maritime Contracts among Merchants, as Bottommary, or course of Exchange as hath been heretofore accustomed.

An Act for Confirmation of Titles within the Islands of Capawock, alias Martha's Vine­yard, and Nantuckett.

WHEREAS Their Most Gracious Majesties, our Soveraign Lord and Lady, King William and Queen Mary, in and by Their Royal Charter, or Letters Patents, bearing date at Westmin­ster, the seventh day of October, In the third year of Their said Majesties Reign; for the Uniting, Erecting & Incorporating of the Colony of the Massachusetts-Bay, and Colony of New-Plimouth the Province of Main, the Territory called Accada, or Nova-Scotia, and all that Tract of Land lying between the said Territories of Nova-Scotia, and the said Province of Main, into one real Province, by the name of the Province of the Massachusetts-Bay in New-England: have therein particularly named, comprehended and included the Islands of Capawock and Nantuckett as part of the said Province of the Massa­chusetts Bay, and annexed the same thereto: And also all Islands and Islets, lying within Ten Leagues directly opposite to the main Land within the said Bounds.

And whereas Their said Majesties have also been graciously pleased in and by Their said Letters Patents, to grant and ordain that all and every such Lands, Tenements and Hereditaments and other Estates, which any person or persons, or Bodies Politick and Corporate, Towns, Villages, Colledges or Schools, do hold and enjoy or ought to have, hold and enjoy within the bounds of the said Charter, by or under any Grant or Estate duly made or granted, by any General Court formerly held, or by virtue of the Letters Patents herein before recited, or by any other lawful right or title whatsoever; shall be by such person or persons, Bodies Politick and Corporate, Towns, Villages, Col­ledges or Schools, their respective Heirs, Successors and Assigns for ever hereafter held and enjoyed according to the purport and intent of such respective Grant: Under and subject nevertheless to the Rents and Services thereby reserved or made payable, &c. as in and by the before recited Charter, or Letters Patents, reference thereto being had, doth and will more fully and at large appear.

But forasmuch as the said Island of Capawock, alias Martha's Vineyard, and the Island of Nantuckett, were for some time under the Rule and Government of the Province of New York, and the Properties and Titles of the Lands upon the said Islands respectively, being derived and founded upon several Grants and Patents made and granted by the successive Governours of the said Province of New-York; and so legal there according to the constitution, usage and custom of the Government of said New-York. And the Inhabitants and Proprietors of Lands within the said Island of Capawock, alias Martha's Vineyard and the Island of Nantuckett, for their better quiet and satisfaction, desiring this Courts confirmation of the same.

It is therefore Declared and Enacted by the Governour, Coun­cil and Representatives Convened in General Assembly, and by the Authority of the same, That all Lands, Tenements, Hereditaments and other Estates held and enjoyed by any person or persons, Towns or Villages within the said Islands of Capawock, alias Martha's Vineyard and Nan­tuckett, and each of them respectively, by or un [...]r any Grant or Estate duly made or granted by any former Government, or by the Successive Gover­nours of New York, or any other lawful Right or Title whatsoever; shall be by such pe [...]son or persons Towns or Villages, their respecti [...] Heirs, Successors and Assigns for ever hereafter held and enjoyed, accordi [...] [...]o the true pur­port and intent of such respective Grant, under and subje [...] [...]ertheless to the [Page 44] Rents and Services thereby reserved or made payable: And are hereby ratifi­ed and confirmed as fully and amply to all intents, constructions and purposes, as the Lands in any other parts or places within this Province, by virtue of Their Majesties Royal Charter.

An Act for Encouraging the Killing of Wolves.

BE it Enacted by the Governour, Council and Representa­tives, Convened in General Assembly, and by the Autho­rity of the same, Wolves to be paid for out of the Town Stock. That whosoever hath since the Fourteenth day of May, One Thousand Six Hundred Ninety & Two: or shall here­after Kill any grown Wolf within this Province, and bring the head thereof unto the Constable of the Town in which such Wolf shall be Killed, or to the Constable of the Town next Adjacent unto the place of Killing such Wolf, without the bounds of any Township, shall have a Receipt of the Constable for the same, and the Constable shall cut off both the Ears from such Head; and the party producing the Constables Receipt unto the Select men of said Town, or some one of them, shall be allowed and paid out of the Towns Stock, the Sum of Twenty Shillings for eve­ry Head as aforesaid, of a grown Wolf by him Kill'd, and the Sum of Five Shillings for every Wolves Whelp.

And the better to furnish the Select-men with a Stock sufficient to an­swer such Payments.

It is further Enacted by the Authority aforesaid, That the Se­lect men of each Town respectively,Select men to Assess their Town yearly for this occa­sion, to be re­imburst out of the publick Treasury. shall be, and hereby are sufficient­ly Authorized and Impowred to assess the Inhabitants of their Town yearly, in due proportion as near as they can, such Sum and Sums as they shall judge necessary to serve that Occasion, together with other Charges of the Town, and to cause the same to be Collected in man­ner as is by Law directed for the gathering of Town Rates: And [...] such Sum and Sums of Money, so paid out of any Town Stock, for the Killing of Wolves, the same being made to appear, shall be allowed unto such Town by the General Treasurer of the Province out of the Publick Revenue.

An Act for the Partition of Lands &c. and the Recovery of Legacies at the common Law.

BE it Enacted by the Governour, Council and Representatives, Convened in General Court, and by the Authority of the same, That all persons having or holding, or that hereafter shall have or hold, any Lands, Tenements or Hereditaments,Partition of Lands be­twixt Copar­ceners &c. to be forced by the common Law. as Copar­ceners, joint-Tenants, or Tenants in Common, may be compelled by writ of Partition at the common Law to divide the same; where the parties cannot agree to make Partition thereof by themselves.

Provided this Act shall not be understood to repeal, or any ways alter any clause or clauses in the Act, for Regulating of Town-ships, referring to undivided or common Lands.

And it is further Enacted by the Authority aforesaid, That where any certain Legacy is or shall be bequeathed and given by any person in his or her last Will and Testament;Legacies to be recovered at the com­mon Law. As also where any residuary or uncertain Legacy is, or shall by the Accompt of any Executor be reduced to a certainty; every such Legacy and Legacies as aforesaid, may be Sued for, and recovered at the common Law; any Law, custom or usage to the contrary notwith­standing.

An Additional Act for the punishing of Criminal Offences.

WHEREAS the breach of sundry Criminal Laws of this Province, is only Punishable by Fines, and many times the breakers of them have not Money to satisfy the same.

Be it therefore Enacted by the Governour Council and Representa­tives, Convened in General Assembly, and by the Authority of the same, Criminal Offences to be punisht by Setting in the Stocks &c. where the Offenders cannot other­wise satisfy [...]he Law. That henceforward it shall be in the power of any Justice of the Peace, that shall have Cognizance thereof, to Punish breakers of the Peace, Prophaners of the Sabbath, and unlawful Gamesters, Drunkards, or prophane Swearers or Cursers, by setting in the Stocks, or putting into the Cage, not exceeding three Hours, or Imprisonment twenty four Hours, or by Whipping, not exceeding ten Stripes; as the case may deserve, and where the offender has not wherewithal to satisfy the Law in that case provided.

An Act Relating to Sureties upon Mean Process in Civil Actions.

BE it Enacted by the Governour, Council and Representa­tives in General Court Assembled, and by the Authority of the same It is Ordered and Enacted, That where Bail is given upon Mean Process in any Civil Action, not only for the appearance of the party to answer the Suit, but also to abide the Order or Judgment of the Court that shall be given thereon, every such Surety or Sureties shall be obliged to satisfie the Judgment in case of the Principals avoidance, and the Return of Non est inventus upon the Execution; unless the Surety at the time of Entring up Judgment do bring the Principal into Court and move to be discharged; upon which the Court shall Order the Keeper of the Prison to receive him into Custody, that so his Body may be taken in Execution. And the party for whom the Judgment was given may have a Writ of Scire Facias out of the same Court against such Surety or Sureties, and in case no just cause be shewn to the contrary, the Judgment shall be affirmed against the Surety or Sureties with the additional Costs of Suit and Execution be accordingly granted.

Always Provided, That such Writ of Scire Facias be taken out and served upon the Surety within Twelve Months after the first Tryal and not after­ward, and every Surety of whom such recovery is made, may bring his Action for damages against the principal Debtor.

An Act for Passing of Sheriff's Accompts.

BE it Enacted by the Governour, Council and Representa­tives in General Court Assembled, and by the Authority of the same, That every Clerk of the Peace in each County within this Province, and Clerk of Assize shall deliver unto the She­riff of the County a perfect Estreat of all Fines, Issues, Amerciaments, Re­cognizances, Monies and Forfeitures imposed, set, lost or forfeited in any Sessions of the Peace, Court of Assize and General Goal Delivery, or Special Court of Oyer and Terminer, by any Person, due to Their Majesties within the space of Thirty dayes next after the ending of the said Courts re­spectively; and within said time shall deliver unto the Treasurer and Re­ceiver General of said▪ Province, a perfect Schedule of all such Estreats by him delivered to the Sheriff, on pain of forfeiting to Their Majesties for the Support of the Government, the Sum o [...] Five Pounds for each neg­lect, upon Conviction thereof before the Justices of the same Court.

And the Justices of each of said Courts respectively are hereby Im­powred to audit, examine and adjust the said Accompts of the Sheriff, and upon Payment of what shall be found remaining due thereupon, to grant the Sheriff a Quietus est.

And whensoever any Sheriff upon passing his Accompts shall have his [Page 47] Quietus est, he shall be thereby absolutely discharged of all Sums of Money by him levied and received, and pretended not to be accompted for within the said Accompt, whereupon he had his Quietus; unless such Sheriff shall be called in question for such Sum or Sums of Money so pretended to be levied, within two years after the time of such Accompt and Quietus.

An Act for Regulating of the Militia.

WHEREAS for the Honour and Service of Their Majesties, and for the Security of this Their Province against any Violence or Invasion whatever: It is necessary that due care be taken that the Inhabitants thereof be Armed, Trained, and in a suitable posture and readiness for the ends aforesaid; and that every Person may know his duty and be obliged to perform the same.

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

1. THAT all Male Persons from Sixteen years of Age to Sixty, (other than such as are herein after excepted) shall bear Arms,Persons liable to Train, and duely attend all Musters and Military Exercises of the respective Troops and Companies where they are lifted or belong, allowing three Monthes time to e [...]ry Son next after his coming to Sixteen years of Age; and every Servant so long after his time is out; to provide themselves with Arms and Ammunition &c.

2. AND the Clerk of each Troop and Company once a Quarter yearly,Clerk to take a list four times a year shall take an Exact List of all Persons living within the Precincts of such Troop or Company, and present the same to the Captain or Chief Officer, on pain of forfeiting Forty Shillings for each default, to be paid to the Captain or Chief Officer to the use of the Company. And in case of non payment, to be levied by distress and sale of the offenders goods, by vertue of a Warrant from the Captain or Chief Officer, who is hereby Im­powred to grant the same.

3. THAT every Person listed in any Troop or Company shall so continue and attend all duty in such Troop or Company,Persons to attend duty where listed till orderly dismist. or otherwise suffer the penalty by Law provided, until orderly dismist or removed out of the Town or Precinct; and in case of removal into the Precinct of another Company in the same Town, to produce a Certificate under the hand of the Captain or Chief Officer of the Precinct whereto he is removed, that he is listed there.

4. IF any Person liable to be listed as aforesaid,Penalty on such as shall Shift to avoid listing. do exempt himself by Shifting from house to house, or place to place, to avoid being so listed; he shall pay as a Fine for every such offence, to the use of the Company to which he belongs, Ten Shillings, being Convicted before any Justice of the Peace of the County.

5. THAT every listed Souldier and other Housholder (except Troopers) shall be alwayes provided with a well fixt Firelock Musket,Foot Souldi­ers how to be Armed. of Musket or Bastard Musket bore; the Barrel not less than three foot and a half long, or other good Fire Arms to the Satisfaction of the Commission Officers of the Company, a Snapsack, a Coller with Twelve Bandeleers or Cartouch-box, [Page 48] one Pound of good Powder, twenty Bullets fit for his Gun, and Twelve Flints, a good Sword or Cutlash, a Worm and Priming-wire fit for his Gun; on penalty of Six Shillings for want of such Arms as is hereby required, and Two Shillings for each other defect, and the like Sum for every four weeks he shall remain unprovided; the Fi [...]e to be paid by Parents for their Sons under Age, and under their Command; and by Masters or heads of Families, for their Servants, other than Servants upon Wages.

6. THAT every Trooper shall be always provided with a good serviceable Horse of Five Pounds value, and not less than fourteen hands high, (the same to be determined by the two chief Commission Officers) covered [...] a good Saddle,Troopers how to be furnished. [...]it, Bridle, Holsters, Pectoral and Croope [...], and furni [...]ed with a Carbine, the Barrel not less than two foot and half long, with [...] and Swivel, a case of good Pistols; with a Sword or Cutla [...] a [...] or Cartouch box; on [...] pound of good Powder, three pounds of s [...]eable Bullets, twenty Flints, and a good pair of Boots and Spurs; on penalty of Twelve Shillings for want of such Horse as is hereby ordered, and Three Shillings a piece for every other defect, and the like Sum for every six weeks he shall remain unprovided: and that each Trooper [...] his Horse, and shall not dis­pose thereof without the consent of his chief Officer on the penalty of Five Pounds: And for non-appearance at the time and place appointed for Exer­cise, every listed Trooper for each days neglect shall pay Ten Shillings Fine.

7. THAT there may be two Troops in a Regiment, each of which Troops shall not exceed Sixty men with Officers.

8. THAT Regimental Musters shall be but once in three years, (except in Boston) And every Captain or Chief Officer of any Company or Troop in any Regiment, shall be obliged on penalty of Five Pounds, to draw forth his Company or Troop,Regimental Musters, & Training of particular Companies. or cause them to be drawn forth four days Annually, and no more, to Exercise them in Motions, the use of Arms, and Shooting at Marks, or other Military Exercises, which every person liable to Train, hav­ing been duly warned, and not appearing and attending the same, shall for each days neglect pay a Fine of Five Shillings.

9. THAT the Commission Officers of any Company or Troop, or the major part of them, may order the correcting and punishing disorders and contempt on a Training Day,Commission Officers power. or on a Watch, the punishment not being greater than laying Neck and Heels, Riding the Wooden Horse, or Ten Shil­lings fine.

10. THAT there be Military Watches appointed and kept in every Town at such times, in such places, and in such numbers, and under such Regulati­ons as the chief Military Officers of each Town shall appoint,Military Watches. or as they may receive Orders from the Chief Officer of the Regiment: And that all persons able of Body, or that are of Estate (and not exempted by Law) shall by themselves or some meet person in their stead, to the acceptance of the Commander of the Watch, attend the same, on penalty of Five Shillings for each defect; there having been due warning given.

11. EVERY Souldier or other person liable by Law, refusing or neglect­ing to attend Military Exercises, on Training days; or Military Watches, that shall not pay,Penalty for not attending Military Exercises. or have no Estate to be found whereon to levy the fine, it shall be in the power of the Captain, or Chief Officers of such Company on the next Training day after such neglect (he not having satisfyed the Clerk) to punish him for such offence, by laying Neck and Heels, or Riding the Wooden Horse, not exceeding one Hours time: And if such Delinquent [Page 49] shall absent himself the second Training day, without giving sufficient reason to the Captain, or Chief Officer for the same; it shall be in the power of the Chief Officer of the Company to direct a Warrant to the Constable of the Town, requiring him to apprehend such Delinquent, and bring him into the Field, that he may be punisht according as by this Law is provided: And all Constables are hereby Required to Execute such Warrants accordingly.

12. THAT the Persons hereafter named be Exempted from all Trainings, viz. The Members of the Council, the Representatives, for the time being,Persons Ex­empted from Training. the Se­cretary, Justices of the Peace, Praesident, Fellows, Students, and Servants of Harvard Colledge Exempted by Colledge-Charter, Masters of Art, Ministers, Elders and Deacons of Churches, Sheriffs, allowed Physicians, or Chyrurgeons, and profest School-Masters, all such as have had Commissions, and Served as Field-Officers, or Captains, Lieutenants, or Ensigns, C [...]r [...]ners, Treasurers, Attourney-Gen [...]al, Deputy-Sheriffs, Clerks of Courts, Constables, constant Ferrym [...]n, and one M [...]ler to each Grist-Mill: Officers imployed in and about Their Majesties Revenues, all Masters of Vessels of Thirty Tons and upwards, usually imployed beyond Sea, and con­stant Herdsmen, Lame persons or otherwise disabled in Body (producing Certi­ficate thereof from two able Chyrurgeons) Indians and Negroes.

13. THAT the Persons hereafter named be and hereby are Exempted from Military Watches and Wardings, viz. The Members of the Council, Secretary, Persons Ex­empted from Military Watches &c. Representatives, for the time being, Praesident, Fellows, Students of Harvard Col­ledge, and the Gentlemen belonging to the Troop of the Governours Guard, M [...]nisters and Elders of Churches, allowed Physicians and Chyrurgeons, Constables, constant Ferrymen, and one Miller to each Grist-Mill.

14. THAT the Captain & Commission Officers of each Company or Troop shall and hereby are fully impowred to nominate and appoint meet persons to Serve as Serjeants and Corporals in the respective Companies or Troops,Commission Officers to appoint Ser­jeants and Corporals. and displace them, and appoint others in their room, [...] they shall see meet.

15. THAT twice every year or oftner, if required, every Captain or Chief Officer of each Company or Troop shall give order for a diligent enquiry in­to the state of his Company, and for taking an exact List of the Names of his Souldiers, and Inhabitants within the Limits of his Company,View of Arms. and of the de­fects of Arms or otherwise, and names of the defective persons, that they may be prosecuted as the Law hath provided, and such care may be taken as is proper to remedy the same.

16. THAT if any person who is by Law obliged to provide Arms & Am­munition, cannot purchase the same by such means as he hath,How persons unable to purchase Arms may be provided. if he bring to the Clerk of the Company, Corn or other Merchantable Provision, or vendi­ble Goods, so much as by Apprizement of the Clerk and two other persons mutually chosen, shall be judged of greater value by one fifth part than such Arms or Ammunition is of: he thereupon shall be excused from the penalties for want of Arms and Ammunition, until he can be provided, which said Clerk shall provide as soon as may be by sale of such goods, and render the overplus to the party, if any be: But the party shall notwithstanding give his personal attendance upon all occasions as other Souldiers, until he be supplied, and at such times shall perform any proper Service he may be put upon by the Captain or Chief Officer of the Company he belongs to; but if the person be judged unable to buy Arms, or to lay down the value propo­sed, if he be a single man, he shall be put out to Service by the two next Justices of Peace to earn wherewith to buy Arms and Ammuniti­on; if such person have a Family and be judged unable, by the Captain and major part of the Select men to lay down such value for the end aforesaid, then he shall be provided for out of the Town Stock, or by Arms procured at the [Page 50] Towns charge until such time as he be judged able to provide for himself, and such Arms to be under the care of the chief Military Officer & the Select men of the Town.

How Drums Trumpets &c. are to be provided.17. THAT Drums, Drummers, Trumpets, Trumpeters, Colours & Banners be by the Commission officers of each Troop or Company provided at the charge of the respective Companies and Troops where there are not already provided, and the fines will not reach to procure the same, and that such as have been imployed as Drummers or Trumpeters, or are fit and capable thereof, being appointed unto such Service by the Chief Officer of any Company or Troop, shall attend the Service, on penalty of Forty Shillings fine, and every Drummer for a years Service shall have Twenty Shillings if he find his own Drum, & Ten Shillings if the Captain finds the Drum; and a Trumpeter Forty Shillings a year, if he find his own Trumpet; and Twenty Shillings, if the Captain finds it.

18 THAT such meet person as by the Commission Officers of any Company or Troop shall be appointed Clerk, and shall refuse to serve, shall pay Forty Shillings fine, and another be chosen in his room, and so until one do accept▪ which person shall be under Oath for the faithful discharge of his Office,Penalty for refusing to Serve as Clerk. to be Administred unto him by a Justice of Peace in the same County, in the words following.

YOu do Swear truly to perform the Office of Clerk of the Military Company under the Command of A. B. Captain, to the utmost of your skill and power in all things appertaining to your Office according to Law: Oath. So help you God.

And [...] every distraint made for any fine not exceding Forty Shillings, he shall have one quarter part for his pains and trouble. And for such fines he may distrain Ex Officio;Allowance. and in distraining shall observe such Rules as the Law hath provided in other cases; and upon ten days notice shall account with and pay to the Captain or Chief Officer what fines he hath received, his own part being deducted.

19. THE Chief Military Officer of each Regiment as often as he shall see cause,Meeting of the Chief Officers of the Regiment shall require the Captain or Chief Officer of each Company in his Re­giment to meet at such time and place as he shall appoint, and then with them to confer and give in charge such Orders as shall by them, or major part of them be judged meet, for the better ordering and setling their several Compa­nies, and for the better pro [...]ting of Military Discipline amongst them. And the Chief Officer is hereby impowred by his Warrant directed to any Clerk or Officer of his Regiment to summon or cause to be brought before them any Offender against the Laws Military,Their Power and according to Law to hear and deter­mine all matters proper for their Cog [...]ance, and to give sentence, & to grant Mittimus or Warrants for Distraint to the Clerk of the Company where the Offence is committed, for executing which Warrant, if above Forty Shillings, he shall have Ten Shillings out of the same for his pains and trouble therein; and no more.

20. THAT there be a stock of Powder and Ammunition in each Town provided, and from time to time as there is need, be renewed by the Select-men;Town-stock of Ammuni­tion, &c. which shall be a barrel of good Powder, two hundred weight of Bul­lets, and three hundred Flints for every sixty listed Souldiers, & after that pro­portion for the listed Souldiers of each Town, whether more or less; Also that the Select-men procure such a number of Arms, and so much Ammunition as shall be made appear by the chief Commission Officers of each Company in the several Towns to be needful for the supply of such Poor as by Law they are to provide for: And such Town as cannot make it appear to the chief Com­mander of the Regiment that they are thus provided at or before the first of May next, shall pay Five Pounds fine, which shall be distrained by Warrant from said Officer directed unto the Constable upon the Select men of the Town or any of them,Penalty for being unpro­vided. and disposed of for the use of said Town towards the supply of such Stock; and the like Sum for every three months they shall re­main so unprovided.

[Page 51]21. AND the Select-men where there is not a sufficient Stock of Powder, Arms and Ammunition, and in such Towns where there is need of Watch-houses, Firing and Candles for their Watches; in such case the Select, men for so much as is wanting are to procure or satisfy what is required or needed as before,Select-men to make a Rate for buying of Ammunition &c. in case. & shall make provision for the same by a Rate equally and justly laid upon the Inhabitants and Estate in such Towns, and such Rate signed and committed by them to the Constables to collect, who shall, and hereby are required and authorized to collect the same; and for non-payment to distrain as for other Rates, and the Money or pay collected to be brought in to the chief Military Officers and Select-men of the Town, to be by them improved for the ends aforesaid. And the Select-men or so many of them as shall neglect their duty herein, shall pay Twenty Shillings fine,Penalty for neglect. to be paid to the Captain for the use of the Company, being convict before two Justices of the Peace, who are hereby impowred to convent the party, and to hear and de­termine the same, and if need be, to appoint other meet persons in such Towns under the like penalties to perform said Service.

22. THAT no Clerk Ex Officio make distraint for any fine until four days after the Offence committed; that so the party may have opportunity to make excuse, if any he have, why he should not pay the fine;Clerk ex Of­ficio not to distrain with in four days and every Clerk that neglects or refuses to account or make payment, as by this Law is provided, he by a Warrant from the Chief Officer of the Company directed to the Constable,Penalty for his neglect to account &c. may be distrained on for so much as he hath or should have collected or distrained for.

23. THAT all Officers yield Obedience to the Warrants or Commands of their Superiour Officers on penalty of Five Pounds;Penalty for Officers dis­obeying their Superiour Officers. to be heard and determi­ned at the next meeting of the Chief Officers and Captains of the Regiment▪ and the fine to be taken by distress and sale of the Offenders Goods, (return­ing the Over [...]plus if any be) by Warrant from the Chief Officer of the Regiment, directed to the Clerk of the Company to which such Offender belongs, and to be improved to the use and benefit of such Company as the Officers so met shall agree, their Expences being first defray'd out of the same.

24. THAT an Alarm at the Castle upon Castle-Island near Boston, being made upon such causes as are agreable to Instructions to be given by the Governour to the Captain of the Castle, shall be by putting out two Flaggs, and firing of two Guns toward [...] the Town;Alarm. at which time there shall with all possible speed such numbers [...] down for their relief, as the Gover­nour and Captain General, or such person as shall be Commander in Chief in his absence, shall think necessary. At any other place an Alarm may be made by firing three Guns one after another, or by firing a Beacon, their Drums beating an Alarm, all persons being called upon to Arm: Upon which all the Trained Souldiers, and others capable to bear Arms that are then Re­sident in any Town, shall forthwith appear compleat with their Arms and Am­munition according to Law, at the usual place of Rendezvouz, or where the Chief Officers shall appoint; there to attend such Command [...] as shall be given for Their Majesties Service, and that on the penalty of Five Pounds fine, or three months Imprisonment: The Members of the Council, Justices and She­riffs to attend upon the Governour, if at or near Boston, and in other places,Penalty for not appearing upon an A­larm. to appear and advise with the Chief Military Officers of the Town, and to be assisting in Their Majesties Service according to their Quality; & such Alarms shall at all times be carried on from Neighbourhood to Neighbourhood, & from Town to Town throughout the Province, & from such Town where the Alarm is made, there shall be forthwith dispatch'd one or more Horse men to signifie the occasion thereof [...]o the Justice of Peace,Relief be sent to Frontiers. Chief Military Officer or Con [...]stable of the next Town or Towns, which all persons are to take [...]oti [...] of [Page 52] and attend as is before directed: And if the Alarm be made either from a Sea-port Town, or other Town that lyes a Frontier to, or in great danger of the Enemy; the Captain or Captains of the Adjacent Towns shall forthwith go with or send such relief as they shall judge meet for the offence of the E­nemy, or defence of themselves and Neighbours, but so as [...] be observant to any Commands or Orders they may receive from their Superiour Officers: And if any person shall wilfully make a false Alarm, he shall be fined to Their Majesties Twenty Pounds for support of the Government,Penalty for a false Alarm or suffer [...] months Imprisonment.

25. NO Officer Military or Civil, or other person shall Quarter or Billet any Souldier or Seaman upon any Inhabitant within this Province, without his consent (other than the Publick Licensed Houses) under the penalty of One Hundred Pounds;Penalty for quartering Souldiers &c. upon Inhabi­tants▪ to be recovered by Action, Bill, Plaint or information, in any Court of Record; one half to Their Majesties, for the support of the Government; the other half part to the party grieved that shall inform and sue for the same. And every such Inhabitant may refuse to Quarter any Souldier or Seaman notwithstanding any order whatsoever.

See Additional Act page26. THAT all persons Exempted by this Law from Trainings, shall not­withstanding be provided with Arms and Ammunition compleat upon the same penalty as those that are obliged to Train.

27. ALL Fines, Penalties and Forfeitures arising by Virtue of this Act or any breach thereof (not otherwise disposed of therein) shall be for the use of the Regiment,Fines & for­feitures how to be disposed & recovered. Company, or Troop respectively: That is to say, for procuring and repairing Drums, Trumpets, Colours, Banners, Halberts, paying of Drummers and Trumpeters, or other Charge of said Company; and the over plus (if any be) to be laid out in Arms and Ammunition for a Town Stock, and be recovered by A [...]ion, Bill, Plaint, or Information in any of Their Majesties Courts of Record.

An Act for putting and keeping in repair the Town-house in Boston.

WHEREAS the Town-house in Boston within the County of Suffolk has formerly been and is still continued to be made use of for the holding of Councils, Courts of Judica [...], and other Publick Assemblies for the whole Province; and ha [...] been ac­customed to be uphold and repaired in part at the charge of the late Colony of the Massachusetts, part [...] the charge of the said County, and part at the charge of the said Town.

Be it Enacted by the Governour, Council and Representatives in General Cou [...]t Assembled, and by the Authority of the same, That the Charges of Repairing the said House be from time to time [...] to be answered and paid in proportion following; That is to say, one half part thereof out of the Publick Revenue of the Province; one quarter part out of the Treasury of the said County;Charge of Repairing the Town-house in Boston pro­portioned. and the other quarter part out of the Trea­sury of the said Town. And the Select-men of Boston, from time to time [...] there shall be need, are to take care that the said House be sufficiently Re­paired, and to lay the Accompt of the Charge before the Governour and Council; as also before the Justices in Quarter Sessions, that so orders may be respectively given as well for payment of the part belonging to the Province, as that belonging to the County, according to this Act.

An Act for High-wayes.

FOR the better amending and keeping in repair and clear the High wayes, and common [...], loading from Town to Town and place to place; and for laying out new High-wayes, and turning old High-wayes where it shall be needful.

Be it Enacted by the Governour Council and Representatives, in General Cou [...]t Assembles, and by the Authority of the same, Surveyers of High-ways to be annual­ly chosen and Sworn. That there be Annually chosen two or more Free-holders in each Town respective­ly within this Province, to be Surveyers of the High-ways, who shall be Sworn before some Justice of the Peace in the County, diligently and faith­fully to perform the said Office for the year ensuing; which Surveyers shall take care that all High ways, Private ways, Causeys and Bridges lying within the Precincts of such Town, be kept in repair, and amended from time to time, when and so often as shall be needful, at the Charge of such Town (where it is not otherwise [...]) that so they may be safe and conveni­ent for Travellers, [...], and Drovers: And the Surveyers are hereby Im­powred to [...] down, dig up or remove, as well all sorts of Trees, Bushes, Stones, Fences, Rayles, Gates, Inclosures, or other thing or things,Their Power as may any ways streighten, hurt, hinder or incommode the High-ways: As also to dig for Stone or Gravel, Clay, Marl, Sand or Earth in any Land not planted or inclosed, and to press any Carriage, Work-men or other things fit to be em­ployed in the High-ways, for such reasonable satisfaction to the parties con­cerned as such Surveyers can agree for; and in case of disagreement, such as the two next Justices shall appoint.

And the Surveyers shall appoint certain days for providing materials and working in the High-ways; having respect to the season of the year,Surveyers to give publick notice for working on the High-wayes. and the Weather, and giving convenient publick [...]; at which days all persons liable to work (That is to say, from sixteen years old and upward) by them­selves or other sufficient persons in their stead, shall attend: And if any per­son make default of attending the said work, by himself or other sufficient person in his stead, or with his Cart and Teem, as he shall be appointed, up­on complaint and proof thereof before the next Justice of Peace (without reasonable excuse made and allowed by such Justice) he shall cause to be le­vyed of every such Offenders Goods,Penalty for non atten­dance. the Sum or Penalty of Two Shillings Six pence for each days neglect of Labour, [...] the Charge of making Di­stress; now for default of their Cart and Teem, Six Shillings Per Diem, with Charge of Distress as aforesaid.

And further it is Enacted by the Authority aforesaid, That where a new High-way or common Road from Town to Town,Quarter Ses­sions to give order for lay­ing out new High-ways or altering old ones. or place to place shall be wanting, and where old ways with more conveniency may be turn­ed or altered upon application made to the Justices in Quarter Sessions, within the same County, the said Court may appoint a Committee of two or three sufficient Freeholders of the next Towns, who shall have most occasion of said way, to inquire into the necessity and conveniency thereof, and to make their Report thereon; and being judged to be of common necessity or con­veniency, the Justices of said Court shall order a Warrant to the Sheriff or his Deputy to Summon a Jury out of the next Towns, to meet at some con­venient day and place therein mentioned, to view and lay out such High-ways or Roads, who shall have an Oath Administred unto them by a Ju­stice of Peace, to lay out such way according to the best of their skill and judgment, with most conveniency to the Publick, and least prejudice or damage to any particular person; which having done, the Sheriff or [Page 54] his Deputy is to make return thereof, at the next Court of Quarter Sessions of the County where the same way is, as well under his own as the hands of the Jurors, by whose Oath the same is laid out, to the end the same may be allowed and recorded, and after known for a publick High way.

Provided that if any person be thereby damaged in his propriety or impro­ved grounds, the Town shall make him reasonable satisfaction by the Estima­tion of those that laid out the same:Damage in proprieties to be made good And if such person so damaged [...] himself agrieved by any act or thing done by the Jury, either in laying of the said way, or estimate of his damages, he may apply unto the Court of Quarter Sessions for relief, before any allowance or determination be made by them; who are hereby Impowred to he [...] and determine the same; but if no sufficient cause appear for complaint, he shall pay all Charges arising thereby.

And be it further Enacted, That the Select-men of each Town respec­tively be,Select mens power to lay out private ways. and are hereby Impowred, by themselves or others whom they shall appoint, to lay out or cause to be laid out, particular and private wayes for such Town only, as shall be thought necessary; so as no damage be done to any particular person in his Land or Propriety without due recompence to be made by the Town, as the Select men and the party interested may a­gree;Recompence for damage. or as shall be ordered by the Justices in Quarter Sessions upon inquiry into the same by a Jury to be Summoned for that purpose.

And it is further Enacted, That if any person or persons shall erect or set up any Gates, Rayles or Fence upon or a cross any High-way or Country Road,Nusance up­on high-ways to be remov­ed. or continue any such to the annoyance & incumbrance of the same (other than such as shall be allowed by the Court of Quarter Sessions within the County) it shall be deemed a common Nusance, and it shall be lawful for any person or persons to pull down and remove the same: And if any such incumbrance be in any particular or private way, allowed and setled by any Town, upon complaint thereof made to the next Justice of the Peace, he shall appoint a Committee of two or more discreet and indifferent persons to view such incumbrance and cause the same to be removed: And if any person be agrieved at the removal of any such Gate, Bars or Fence, he shall be heard at the Quarter Sessions within the same County, and upon just cause shewn, shall be by them relieved.See Act in Ad­dition, page

And be it further Enacted by the Authority aforesaid, That if through neglect or not keeping in sufficient repair any High way, Causey-way, or Bridge, any person happen to lose his life in passing any such High way, Causey way or Bridge, or lose a Limb, break a Bone, or receive any bruise or breach in any part of his Body,Damage hap­ning through defect [...] in Wayes or Bridges, to be made good by the County or Town. through any defect in or want of necessa­ry repair of such High way, Causey-way or Bridge; the County or Town respectively to which of right it belongs to maintain and keep the same in repair, having been warned or notified of such defect and need of repairs and amendment thereof, either in writing under the hand of two witnesses, or by presentment thereof made at the Sessions of the Peace; shall pay unto the Parents, Husband, Wife, Children or next of Kin to any person so losing his or her life, the Sum of One Hundred Pounds; and for any other harm as aforesaid, double the damage sustained thereby; to be ordered and set upon them by the Justices of the same County in Quarter Sessions; who are hereby Impowred thereto; and to render like recompence for any carriage Cart, Horse or other Beast harmed or lost, proportionable to the damage suffered.

And if any person chosen a Surveyer shall refuse to accept and take [Page 55] his Oath, he shall forfeit Twenty Shillings, Penalty on Surveyers r [...]sing to accept or neglecting their duty. and having accepted do neglect his duty shall forfeit for every neglect, Five Pounds; the said forfeitures respectively to be to the use of the Town, and to be recovered by com­plaint before the next Justice of Peace, or at the Sessions of the Peace in the same County.

No Person to be charged above a due proportion to the High-wayes either in Labour or Teems.

An Act for Regulating of Fences, Cattle, &c.

FOR the better preventing of damage in Corn-fields, and other improved and common Lands, by Horses, Neat Cattle, Sheep or Swine, going at large.

Be it Enacted by the Governour, Council and Representatives▪ in General Court Assembled, and by the Authority of the same, That in every Town and Peculiar within this Province,Fence-view­ers to be chosen and sworn. there be Annu­ally chosen by the Inhabitants thereof (at the time of their Meeting, to choose Select-men and other Town Officers) two or more meer persons, to be Viewers of Fences; who shall be Sworn before a Justice of Peace, to the faithful discharge of their Office, in the particulars committed to their care by this Act:Hawards or field-drivers. As also two or more persons for Hawards or Field-drivers. And that all Fences of four foot high, being of five Rayls, or four that are equivalent, Boards, Stone-wall, Brooks, Rivers, Ponds or Cricks equivalent thereto, in the judgment of the Fence-viewers,Fences of four foot high to be accounted sufficient. shall be accounted sufficient Fences: And all Fences in common fields and other grounds under improvement that shall be judged insufficient by the Fence-viewers, and notice thereof given to the party that of right ought to maintain the same, he shall sufficiently repair and amend all defects therein within the space of six days next after such notice given him; and in case of his neglect,Penalty for not repairing insufficient Fence. the Fence-viewers are hereby impowred and ordered forthwith to cause such defective Fence or Fences to be sufficiently made up and repair­ed; and the person or persons to whom it belongs to make good such Fence, shall pay double the cost and charge expended for doing of the same. And in case of refusal or neglect, to make payment as aforesaid,How to be recovered. by the space of one month next after an accompt presented, and demand thereof made, such Fence viewers may recover the same by Action, Plaint or Information, to be brought before any Justice of the Peace within the same County, if the Sum exceed not Forty Shillings; but if it be above that Sum, then in the Inferiour Court of Common Pleas.

And it is further Enacted by the Authority aforesaid, None but proprietors & freeholders to have any Horse run to feed on the com­mon. That no per­sons other than Proprietors and Freeholders in any Town or Peculiar, shall let any Horse or Horse kind run to feed upon any common Land belonging to such Town or Peculiar, and every such Proprietor and Freeholder may keep one Horse beast upon the Common and no more, except such Proprie­tors and Freeholders, every of whom have a rateable Estate within such Town or Peculiar, of the value of Fifty Pounds, they to have the priviledge of two and no more.

And the Owners of all Horse-kind going upon the Common are required to cause the same to be entred with the Town Clerk,Horses going on the com­mon to be Entred with the Town Clerk. who is to keep a Book for that purpose, and therein set down as well the natural as artificial marks, and for every such Horse or Horse kind, shall pay a Fee of Three-pence to the Clerk for his Entry: Such entry to be made at or before the tenth day of [Page 56] April next, and so annually, on pain that every person neglecting so to do, shall forfeit and pay the Sum of Ten Shillings for each defaul [...] ▪ And if any Freeholder or proprietor shall desire to put more Horses upon the Common than is herein before allowed, he shall first repair to the Town Clerk, and make Entry of the number and marks thereof as aforesaid, and pay the Fee as aforesaid for every such entry, as also the Sum of Five Shi [...]ings per head, per Annum, to the use of the Proprietors of such Commons, on pain [...] for­feiting the Sum of Ten Shillings per head for such neglect.

And every Town and Peculiar within this Province are required to choose Annually two meet persons to see to the due observance of this Act relating to Horses,Persons to be annually cho­sen to see to the obser­vance of this Act. and to prosecute the breakers thereof: And if any person so cho­sen shall refuse to serve, or neglect his duty in any of the particulars herein committed to his care, he shall forfeit and pay the Sum of Twenty Shillings to the use of such Town.

And the Town Clerk of each Town respectively shall once in the year give an account and pay in to the Select-men of the Town so much as he shall receive by virtue of this Act for any Horse kind going upon the Com­mon.Town Clerk to account annually.

All penalties and forfeitures arising for breach of this Act relating to Hor­ses going upon the Common,Penalties and forfeitures how to be disposed. shall be one Moiety thereof unto the use of the persons to be appointed to see to the observance of this Act, and the other Moiety to him or them that shall inform and sue for the same, before any Justice of the Peace within the County.

And be it further Enacted by the Authority aforesaid, That all Swine going at large on the Commons, shall be sufficiently Yoked from the first▪ of April to the fifteenth of October yearly;Swine to be yoked and ringed. and Ringe [...] in the Nose all the year. And if any Swine be found unyoked or unringed, their Owners shall be lia­ble to pay Six pence per head; and if found damage feasant being unyoked or unringed to pay Twelve-pence per head, over and above double damages to the party injured. And the Haward or Field driver or any other person may take up and impound such Swine.

And that there be paid unto the Haward or Field-driver, One Shilling per head for all Neat Cattle or Horses,Fee for im­pounding and Three pence per head for all Sheep and Swine by him impounded: And to the Pound-keeper Two pence per head for all Neat Cattle or Horses, and One penny per head for all Sheep or Swine, for taking in and letting out, to be paid by the Owners of such Creatures.

And that for every Sheep in every Town going on the Commons without being under the hands of a Shepherd, from the first of May to the last of October in every year;Penalty for Sheep going on the com­mon without a keeper. the owners or keeper of the said Sheep shall pay the Sum of Three-pence for every Sheep at any time so found running on the Common, not under the hand of a Shepherd or Keeper, betwixt the first of May, and last of October yearly.

An Act for Enabling the Treasurer to call in the Arrears of Publick Rates, and dis­charging of Publick Debts.

WHEREAS by an Act made by this Court in the year One Thousand Six Hundred Ninety Two; in the first Sessions En­titul [...]d, An Act for the Enforcing, Collecting and Paying in the Arrears of Publick Assessments, &c. The Constables and Collectors were thereby Enabled to Collect said Assessments, [Page 57] and ordered to Accompt with and make payments unto the respective Trea­surers; and for defect to be distrained as by said Act doth more fully ap­pear: Notwithstanding which many Constables and Collectors have neglected to Ac­compt with and pay to the respective Treasurers, as by said Act they were enjoyned; yet for such their neglect have not been proceeded with as said Law hath directed: By reason whereof great Sums remain uncollected, and many persons unpaid their just dues.

Be it therefore Enacted by the Governour, Council and Represen­tatives in General Court Assembled, and by the Authority of the same, That all Constables or Collectors that have had any Tax or Publick Assessment committed to them to collect in any Town, Village or Precinct,Constables or Collect­ors to ac­compt for & pay in the Arrears. within the late Colonies of the Massachusetts or Plimouth, since the first of October, One Thousand Six Hundred Eighty nine, until the Arrival of His Excellency the Governour; do forthwith Accompt with and pay to the Treasurer of the Province so much of such Taxes or Assessments as is in their hands, or that they have not already paid, or orderly discharged themselves of; which if they shall neglect or refuse to do; the Treasurer is hereby impowred and required to Issue out Warrants for so much as they have not paid or dischar­ged themselves of [...] aforesaid, directed unto the Sheriff of the County where any such defective Constable or Collector dwells,Upon neg­lect the Treasurer to grant Warrants for distress. requiring him to levy all such Arrears by distress and sale of such Constable or Collectors Estate, real or personal, returning the over-plus (if any be) and if no Estate can be found, or not sufficient to discharge the same; then to commit him or them unto the Goal of the County, there to remain until he or they have paid and satisfyed such Arrears with charges; except any Constable or Collector as the Treasu­rer, by order of the Governour and Council shall be directed to forbear, ei­ther for the whole or part in order to his procuring an abatement) as this Act hath hereafter provided.

And the Treasurer is hereby Ordered out of the Arrears of the whole As­sessments, whether on the late Colonies of the Massachusetts or Plimouth;Treasurer ordered to make pay­ment of Debts. or that have been laid on the Province, to pay all such Debts due from the said Co­lonies respectively, or from the Province as have been allowed by the former Governments, or by the Governour and Council, or that have been or shall be allowed by such Committees as have or shall be appointed for such end.

And where any Constables or Collectors in any Town are Dead, and have not adjusted the Accompts of the Assessments committed unto them respec­tively;The Execu­tor or Ad­ministrator of any de­ceased Con­stable, &c. liable in case. the Treasurer is hereby impowred to bring his Suit against the Execu­tor or Administrator of such deceased Constable or Collector for the same, or what shall appear to be due.

And forasmuch as divers Constables have informed that they have been disabled from Collecting the Rates committed to them to Collect before his Excellency the Governours Arrival, or the greatest part of them, by reason of the breaking up some Towns in whole or in part, or by the death or removal of divers persons, or by the Se­lect mens Rating some persons that are brought into extream Poverty by reason of the War, and others that never were able to pay.

Be it therefore Ordered and Enacted by the Authority aforesaid, That all such Towns,Committee to receive Allegations or Pleas for abatement. Constables or Collectors that desire or expect any ease or abatement for or by reason of any of the above-named particulars, or have any other just cause to alledge for the same, do by themselves or by some meet person in their behalf appear at Boston, at or before the Twenty-fifth day of March next before John Phillips and Peter Sergeant, Esqrs. Captain Nathaniel Byfield, Major Penn Townsend and Mr. Edward Bromfield, or any four of them; who are hereby appointed and impowred to be a Committee for the receiving and hearing of the Allegations, Pleas or Proofs as may be offered for any [Page 58] such allowance or abatement to be made as aforesaid, and to report the same unto this Court at their next Session; that so they may give order therein as to them shall appear just and reasonable: And for so much as shall not be by said Court a [...]owed and abated, the Treasurer shall forthwith Issue out his Warrants as aforesaid, to levy the same by distress and sale of the Estate of such Constables or Collectors as were before indulged and forborn.

Also i [...] having been made to appear that several Warrants Issued out by the late Treasurer of the Province for making or collecting of the Tax since his Excellency the Governours Arrival have miscarried.

Treasurer to issue out new War­rants where the former have miscar­ried. Be it therefore Enacted, That the Treasurer forthwith Issue out new Warrants to such Towns and Places for such Sum and Sums the other were sent out for, which all Select-men are forthwith to assess, and Constables or Collectors to Collect by such Rules and under such penalties as by the Law relating to said Tax were made and injoyned.

And whereas the Treasurer hath been ordered to make payment of what remains due to several persons that lent their Bills of Credit to this Province in and about June or July, One Thousand Six Hundred Ninety two; many whereof have been or may be longer unpaid then the time they were promised payment in.

Be it therefore Enacted, That such as are not already paid (discount­ing what they owe to the Province) shall be allowed for what is due to them by the Treasurer,Allowances to such as lent their Bills. after the rate of Six Per Cent. per Annum, for the va­lue lent from the Expiration of the time they lent the same for, until they be paid or accept of the Treasurers order for payment of the same.

And be it further Enacted by the Authority aforesaid, That all Constables or Collectors shall duly pay and answer all Orders coming from the Treasurer out of the Publick Moneys in their hands, which they shall have Collected for any publick Tax or Assessment committed,Penalty on Constables or Collect­ors that ex­act or re­ceive any Fee to hasten payment. or hereafter to be committed unto them to collect and that without delay. And if any Constable or Collector shall require, exact, receive or take any Fee, Reward, Allowance or Abatement directly or indirectly from any person or persons to hasten or forward his or their payment, and be thereof convicted upon com­plain or information brought before the Sessions of the Peace within the same County; such Constable or Collector shall forfeit and pay the Sum of Five Pounds over and above the Sum so taken; one half thereof unto Their Majesties towards the support of the Government, and the other half to him or them that shall inform and prosecute for the same.

An Act for Bristol Fair.

WHEREAS the General Court of the late Colony of New Pli­mouth did in the year of our Lord, One Thousand Six Hun­dred and Eighty; Grant unto the Inhabitants of the Town of Bristol within said Colony, that they should have liberty of keeping two Fairs in said Town of Bristol annually for ever, one upon the third Wednesday and Thursday in May, and the other upon the third Wednesday and Thursday in November; And it being found by experience that two days is not sufficient for the Transacting the business of said Fair; and that so late in November is inconvenient both with respect to persons coming, it being many times very bad Weather, and the chief time for selling [...] Cattle being sooner.

[Page 59] Be it therefore Enacted by the Governour, Council, and Represen­tatives Convened in Great and General Court, and it is hereby Enacted by the Authority of the same, That from henceforth the said Fair shall be kept and held in Bristol aforesaid within this Province, Times for holding Bri­stol Fair. upon the third Wednes­day, Thursday and Fryday in May, and on the third Wednesday, Thursday and Fryday in October annually for ever, and at no other time; any Law, custom or usage to the contrary notwithstanding.

An Act for Regulation of Seamen.

WHEREAS great loss and damage is frequently Occasioned to Trade and Navigation by Seamen deserting their Imploy or Voyage they are entred upon, or being taken of from the same by Arrest and restraint for Debt, or pretence thereof▪

For Remedy whereof.

It is Declared and Enacted by the Governour Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That if any Inn-keeper, Victualler, Seller of [...] or strong Liquors, Shop keeper or any other person whatsoever, shall trust or give credit to any Mariner or Seaman belonging to any Ship or other Vessel,No Mariner or Seaman to be arrested for any Debt made whilst he belongs to a Ship, &c. without the knowledge and allowance of the Master or Commander thereof; no Pro­cess or Attachment for any Debt so contracted without knowledge and allow­ance as aforesaid, shall be granted against or served upon such Mariner or Seaman, until he shall have performed the Voyage he is then entred upon, and be discharged of the same: And every Process granted contrary hereunto and serving thereof shall be deemed and adjudged utterly void in Law: And any Justice of the Peace within the same County before whom it shall be made appear, that any Mariner or Seaman belonging to any Ship or Vessel is committed or restrained upon Process granted for any Debt or pretention of Debt made whilst such Mariner or Seaman was engaged and actually en­tred and in pay on any Voyage, shall forthwith order his release.

And be it further Enacted by the Authority aforesaid, That if the Master or Commander of any Ship or other Vessel,Penalty on Masters Shipping Seamen first entertained on board another Ship &c. shall Ship any Sea­man, knowing him to be first entertained and Shipt on Board another Ship or Vessel, Or after notice thereof given him, shall not forthwith dismiss him; every such Master or Commander so offending, being there­of convicted, shall forfeit and pay the Sum of Five Pounds, one Moiety there­of to the use of the Poor of the Town where the offence was committed, and the other Moiety to him or them that shall inform and sue for the same, by Action, Bill, Plaint or Information in any Court of Record; and such Seaman so Shipping himself,Seamans Penalty. shall forfeit and pay the value of one Months Wages that he shall so agree for, to be recovered, imployed and dispo­sed of in manner as aforesaid.

And further it is Enacted, That if any Mariner or Seaman having Shipt himself on Board any Ship or other Vessel to proceed in any Voyage,Seam [...]n de­serting their Service to be Imprisoned. and under pay (the same being made appear by his hand set to the Masters Book or other writing of such Agreement) shall neglect his attendance and duty on Board, and absent himself from his said Service, upon complaint thereof made [Page 60] to any Justice of the Peace within the same County, such Justice is hereby impowred to convent such Mariner or Seaman before him; and upon con­viction of his so absenting himself as aforesaid, to commit him to Prison, that so he may be secured and forth-coming to proceed on the Voyage he has so agreed to, and to be delivered by order of the Justice that committed him, or some other Justice in the same County.

An Act to prevent default of appearance of Representatives to serve in the General Assembly.

WHEREAS there has been a neglect in some Sheriffs in Observance of Their Majesties Writt to them directed, for the Convening and holding of a Great and General Court or Assembly, timely to issue forth their Precepts unto the several Towns within their Bailiwick or Precinct, for the choosing of Representatives to serve in the Great and General Court or Assembly, and have also not taken due care to have Returns of their said Precepts. And forasmuch as many Persons Elected for Representatives, and having Summons, are not careful to give their attendance ac­cordingly in due time, whereby the Publick Affayres for Their Majestices Service are prejudiced.

For Remedy whereof.

Be it Enacted by the Governour, Council and Representatives, in General Court Assembled, and by the Authority of the same▪ It is Ordained and Enacted, That every Sheriff upon Receipt of Their Majesties Writt for the Convening and holding of a Great and General Court or Assembly,Sheriffs to make out their Precepts in 7 days af­ter Receipt of Their Ma­jesties Writt. shall forthwith make out his Precepts under his Seal in form as by Law is directed, unto the Select-men of the several Towns within his County, and cause the same to be safely conveyed and delivered unto one or more of such Select men, within the space of Seven dayes at furthest next after his Receipt of such Writt as aforesaid; And shall likewise take effectual care for having his Precepts returned to him again from the said Towns respectively, with what shall be done pursuant thereto, by the day therein pre­fixed, and cause the same to be brought in to the Secretaries Office as by Writt he is Commanded.

And the Select-men of each Town upon Receipt of the Sheriffs Precept, shall cause the Freeholders and other Inhabitants of said Town duely qualified as in the said Precept is mentioned,Select-men to cause the Town to be Assembled for choice of Representa­tives. to be Assembled and meet at such time and place, as the Select men or the major part of them shall appoint, to Elect and Depute one or more Representatives for such Town, as by Law they may, and shall cause the person or person so Elected and Deputed by the major part of the Electors present at such meeting, to be timely Notified and Sum­moned by one or more of the Constables of said Town, to attend Their Ma­jesties Service in the Great and General Court or Assembly, upon the day, and at the time and place appointed for holding of the same: And the Select-men or the major part of them, shall make Return of such Election under their hands upon the said Precept,Penalty on Sheriff, for neglect of duty. or annexed thereto, in manner and form as by Law is prescribed; and cause the same to be delivered unto the Sheriff of the County, at or before the day therein perfixed for return of the same; on pain that every Sheriff neglecting his duty in any of the particulars before mentioned, shall forfeit and pay the Sum of Fifty Pounds.

Penalty on Select-men & ConstablesAnd every Select-man or Constable in any Town neglecting his duty in any of the particulars before mentioned, shall incur the pain and forfeiture of Five Pounds.

[Page 61]And every Sheriff shall be allowed for his trouble and charge in sending out his Precepts, Forty Shillings, to be paid out of the County Treasury.Sheriffs al­lowance.

And the Select-men to be paid by the Town for the charge of returning their Precept, for which shall be paid, three Pence a Mile.Select-mens allowance.

And be it further Enacted by the Authority aforesaid, That every person Elected to Serve a Representative for any Town in any Great and General Court or Assembly, and being Summoned thereto,Penalty for Representa­tives non-at­tendance the first day of the Court. shall give his at­tendance at the said Court on the first day appointed for the Courts sitting (without reasonable and just excuse for his absence, being made and allowed of by the house of Representatives) on pain of forfeiting the Sum of Forty Shillings: Unless such person being present at the Election, shall declare unto the Assembly his non acceptance of the Service, or upon notice thereof given him, shall forthwith signify his non acceptance unto the Select men by writing under his hand: In which case the Select-men shall call the Town together again to Elect a new, that so they may enjoy their priviledge.

That not any Town in this Province shall chuse any Representative,Representa­tives to be Freeholders & Resident. unless such be a Freeholder and Resident in that Town or Towns, such are chosen to Represent.

And if any person not duly qualified according to Law,Penalty on persons Vo­ting, being not qualified shall presume to Vote in the choice of Representatives, one or more for any Town; or shall put in more than one Vote for any one person in such choice, being thereof convicted, he shall forfeit and pay the Sum of Five Pounds; [...] Moiety thereof unto Their Majesties for and towards the support of the Government, and the other Moiety to him or them that shall inf [...] and sue for the same.

All persons shall put in their Votes unfolded to the Select-men or Consta­bles appointed to receive the same.

And that where any person offering to give in his Votes for Representatives in any Town,Voters que­stioned to make Oath. shall be questioned by the Select men of the said Town as to his being capable by Charter to Vote; the said person or persons giving his or their Oath that they are, Bona fide, worth Forty Pounds Sterling, or an Estate of Freehold to the value of Forty Shillings Per Annum, before a Justice of the Peace, or in the absence of a Justice of the Peace, before the Town-Clerk, who is hereby impowred to Administer the same, he or they shall be accoun­ted capable of Voting and put in his or their Votes accordingly.

All Fines and Forfeitures arising for breach of this Act or any branch there­of, and not otherwise therein before disposed of,Fines and forfeitures how to be disposed. shall be unto Their Maje­sties for and towards the support of the Government; and be recovered by Action, Bill, Plaint or Information in any of Their Majesties Courts of Record.

An Act for the better Rule and Government of the Indians in their several Places and Plantations.

TO the intent that the Indians may be forwarded in Civility and Christiani­ty, and that Drunkenness and other Vices be the more effectually Suppres­sed amongst them.

Be it Enacted and Ordained by the Governour, Council and Re­presentatives in General Court Assembled, and it is Enacted by the Authority of the same, That His Excellency the Governour, by and with the advice and consent of the Council,Commissio­ners to be ap­pointed in several parts to have the more particu­lar care and Government of the Indians may and is hereby impowred to appoint and commissionate one or more discreet persons within several parts of this Province, to have the inspection and more particular care and Go­vernment of the Indians in their respective Plantations▪ and to have, use and exercise the power of a Justice of the Peace over them in all matters Civil and Criminal, as well for the hearing and determining of Pleas betwixt party and party, and to award Execution thereon, as for the examining hearing and punishing of Criminal Offences according to the Acts and Laws of the Province, so far as the power of a Justice of Peace does extend. As also to nominate and appoint Constables and other proper and necessary Officers amongst them.

And be it further Enacted by the Authority aforesaid, That no person or persons whomsoever, shall directly or indirectly Sell, Truck, Barter, or give to any Indian, any Strong Beer, Ale, Cyder, Perry, Wine, Rhum, Brandy,Penalty for selling strong drink to In­dians. or other Strong Liquors, by what name or names soever called or known, on pain of forfeiting the Sum of Forty Shillings for every Pint, and proportionably for any greater or lesser quantity so sold, truckt, bartered, gi­ven or delivered to any Indian, directly or indirectly as aforesaid, upon Con­viction thereof before a Justice of the Peace, where the penalty does not ex­ceed Forty Shillings: And if it exceed that Sum, at the Sessions of the Peace to be holden for the same County where the offence is commit­ted: One Moiety of all such Forfeitures to be unto Their Majesties for and towards the support of the Government, and the other Moiety to him or them that shall inform and prosecute the same by Bill, Plaint or Informati­on. And if the Offender be unable or shall not forthwith pay and satisfy the said penalty or forfeiture, then to be committed to the Goal of the County; there to remain until he pay and satisfy the same, or suffer two months Imprisonment.

Provided this Act shall not be intended or extend to restrain any Act of Charity for relieving any Indian (Bona fide) in any sudden exigent of Faint­ness or Sickness, not to exceed one or two Drams; or by prescription of some Physician in writing, or by the allowance of a Justice of Peace.

[Page 63] And for the better discovery of such ill disposed persons, who through greedi­ness of filthy Lucre, shall privately Sell or deliver strong Liquors or other strong Drink, to any Indian or Indians (of which it is difficult to obtain positive E­vidence other than the Accusation of such Indian or Indians) And to the intent that Murders and other Outrages frequently occasioned thereby may be prevented.

It is Ordained and Enacted, Indian accu­sation with concurring circumstan­ces, to a­mount to a conviction, unless, &c. That the Accusation and Affirmation of any Indian, with other concurring circumstances amounting to an high presumption, in the discretion of the Court or Justices, who have cogni­zance of the Case (the Accuser and Accused being brought face to face at the time of Tryal) shall be accounted and held to be a legal Convic­tion of the person so accused of giving, selling, or delivering Wine, Rhum, or any other strong Drink [...] Liquors, to such Indian; Unless the party accused shall acquit him or her self thereof upon Oath; which the Court or Justice respectively are hereby impowred to require, and Administer unto the person accused, in form following: That is to say, ‘YOU A. B. do Swear, That neither your self,Form of the Oath. nor any other by your or­der, general or particular, assent, privity, knowledge or allowance, di­rectly or indirectly, did give, sell or deliver any Wine, Cyder, Rhum, or other strong Liquors or Drink, by what name or names soever called or known, unto the Indian by whom and whereof you are now accused. So help you God.’

And further it is Enacted, That it shall and may be lawful to and for any person or persons, to seiz any Wine, strong Liquors or Cyder, which he or they may [...] in the custody of any Indian, Strong drink found with Indians, to be Seized. not obtained by allowance as aforesaid, (other than Cyder made of Fruit of their own growth) and to deliver the same unto the Constable, or one or more of the Select-men of the Town, where the same shall be seized, to and for the use of the poor of such Town: And to Apprehend such Indian, and to cause him or her to be con­veyed before the next Justice of the Peace, to be Examined where, and of whom they had such strong Drink.

And every Indian convicted of Drunkenness shall forfeit and pay unto the use of the poor of the Town or place where such offence is commit­ted, the Sum of Five Shillings, Penalty for Indians con­victed of drunkenness. or else be openly Whipped by the Constable of such Town or place, or some other that he shall procure, not exceeding Ten Lashes, as the Justice of Peace before whom such Convic­tion is, shall determine.

An Act for the Relief of Ideots and Distracted Persons.

BE it Enacted by the Governour, Select-men or Overseers of the poor to make ne­cessary provi­sion for the relief of Ide­ots, and distracted persons. Council and Representatives in General Court Assembled, and by the Authority of the same, That when and so often as it shall happen any person to be naturally wanting of understanding, so as to be uncapable to provide for him or her self; Or by the Providence of God, shall fall into Di­straction, and become Non compos mentis; and no Relations appear that will undertake the care of providing for them; Or that stand in so near a degree as that by Law they may be compelled thereto: In [Page 64] every such case the Select-men or Overseers of the Poor of the Town or Peculiar where such person was Born, or is by Law an Inhabitant, Be, and hereby are Impowred and Enjoyned to take effectual care, and make necessary provision for the relief, support, and safety of such Impotent or Distracted Person, at the charge of the Town or place whereto he or she of right belongs; if the party has not Estate of his or her own, the incomes whereof may be sufficient to defray the same: And the Justices of the Peace within the same County,Court of Quarter Ses­sions to or­der the Estate of such per­sons for im­provement. at their General Sessi­ons may order and dispose the Estate of such Impotent or Distracted Person to the best improvement and advantage towards his or her sup­port; as also the person to any proper work or service he or she may be capable to be imployed in, at the discretion of the Select-men or Overseers of the Poor. And where the Estate of any such person consists of Housing or Land, in every such case the Justices of the Superiour Court of Judicature, upon Application to them made, may, and hereby are Impowred to License and Authorize the Select-men or Overseers of the Town or place whereto such person [...];The Justices of the Supe­riour Court to License the Sale of Housing or Land of distracted persons in case. or such others as the said Justices shall think fit, to make sale of such Housing or Land; the produce thereof upon sale to be secured, improved and imployed to and for the use, relief and safety of such Impotent or Distracted Person (as the said Justices shall direct) as long as such person shall live, or until he or she be restored to be of sound mind. And the over-plus (if any be) to and for the use of the next and right Heirs of such party.

And the like power and authority is hereby granted unto the Ju­stices of the Superiour Court with reference to any person or persons now under Distraction or Non compos mentis, as well for the satisfy­ing of the Charges already past, as for what may be future, for the support, relief and safety of any such person.

An Act for Ascertaining the Fees of the Messenger attending the House of Representatives.

BE it Enacted and Ordained by His Excellency the Gover­nour, Council and Representatives in General Court Assem­bled, and it is Enacted by the Authority of the same, Messengers Fee 3 s. per. Diem. That there shall be paid to the Messenger attending upon the House of Representa­tives for the time being, out of the Publick Revenue of this Their Majesties Province the Sum of Three Shillings Per Diem for every day that the said Messenger shall attend upon,3 s. for service of a warrant of Arrest. or be imployed in the Service of the said House of Representatives: And further that the said Messenger shall and may de­mand, recover and receive, of all and every person Arre [...]d, Imprisoned or taken into Custody by Warrant from the House of Representatives, Three Shillings for the Service of such Warrant of Arrest,Travelling Fees 3 d. per. Mile out. with Travelling Fees after the rate of Three pence Per Mile out, and also Three Shillings Per Diem for safe keeping and providing for such person so apprehended and taken into Custody;3 s. per. Diem for each per­son in Custo­dy &c. and Three Shillings more upon the dismission or release of the party any Law, Custom or Usage to the contrary notwithstanding, except it be a Member of the House that is so sent for, and then the Fees to be paid, shall be less, as the House shall appoint.

And it is hereby further Declared, Sheriffs &c. travelling Fees, onely 3 d. per Mile out. That the Travelling Fees men­tioned in the Act for Regulating Fees, allowed to Sheriffs, Marshals, or Con­stables for the Service of Writs, is to be alike understood of Three-pence per Mile from home, and no more.

An Act against Adultery and Polygamie.

WHEREAS the Violation of the Marriage Covenant is highly provoking to God, and destructive to Families.

Be it therefore Enacted by the Governour, Council and Re­presentatives, in General Court Assembled, and by the Authority of the same, That if any man be found in Bed with another mans Wife, the Man and Woman so offending being thereof convicted, shall be severely Whipp'd, not exceeding Thirty Stripes, unless it appear upon Tryal that one party was surprized and did not consent; which shall a­bate the punishment as to such party.

[Page 66]And if any man shall commit Adultery, the Man and Woman that shall be Convicted of such Crime before Their Majesties Justices of Assize and General Go [...]l Delivery, shall be set upon the Gallows by the space of an Hour, [...] Rope about their Neck, and the other end cast over the Gallows:Punishment for Adulte­rers. [...] in the way from thence to the Com­mon Goal, shall be i [...] every Whipt, not exceeding Forty Stripes each: Also every person and persons so Offending, shall for ever after wear a Capital A of two [...] long, and proportionable bigness, cut out in Cloth of a contr [...]y Colour to their Cloa [...], and Sewed upon their upper Garments, on the out side of their Arm, or on their Back, in open view. And [...] any person or persons, having been Convicted and Sentenced for such Offence, shall at any time be found without their Letter so worn, during their abode in this Province; they shall by Warrant from a Justice of Peace, be forthwith apprehended and orde [...]ed to be publickly Whip'd, not exceeding Fifteen Stripes; and so from time to time toties quoties.

And be it further Enacted by the Authority aforesaid, That if any person and persons within this Their Majesties Province, being Married,Polygamie to be pun­ished as Felony. or which hereafter shall Marry, do at any time after the first of July in this present year, One Thousand Six Hundred Ninety Four, presume to Marry any person or persons, the former Husband or Wife being alive, or shall continue to live so Married; That then e­very such Offence shall be Felony, and the Person & Persons so offending shall suffer Death as in cases of Felony. And the party and parties so of­fending shall rec [...]ve such and the like Proceeding, Tryal and Executi­on in such County, where such person or persons shall be apprehend­ed, as if the Offence had been Committed in such County where such person or persons shall be taken or apprehended.

Provided always, That this Act or any thing therein contained shall not extend to any person or persons whose Husband or Wife shall be continually remaining beyond the Seas,Saving for persons where Hus­band or Wife shall be ab­sent seven years, &c. by the space of seven years together; or whose Husband or Wife shall absent him or her self the one from the other by the space of seven years together in any part within their Majesties Dominions, or else-where, the one of them not knowing the other to be living within that time.

Provided also that this Act or any thing therein contained shall not extend to any person or persons, that are or shall be at the time of such Marriage,Saving for persons di­vorced or Married within the Age of Consent. Divorced by any Sentence had, or hereafter to be had, as the Law of the Province in that case has provided: Or to any person or persons, where the former Marriage has been or hereafter shall be, by such Sentence had, declared to be void and of no effect. Nor to any person or persons, for or by reason of any former Mar­riage had or made; or hereafter to be had or made within the Age of Consent. That is to say, the Man Fourteen Years of Age, the Wo­man Twelve.

An Act for Granting a Township in the County of Bristol, to be called Tiverton.

WHEREAS there is a certain Tract or Tracts of Land called by the Indians, Pocasset and Puncateese, Scituate lying and being be­tween the Bounds of Little Compton, and Freetown, within the County of Bristol, bordering upon the Sea, or Salt Water towards the West, extending along the Shore between the Towns aforesaid, about twelve miles Northerly and Southerly, and from the Salt Water towards the East into the Country about four miles till it meet with Dartmouth line; which Land belongs to sundry Persons the Proprietors thereof, and was put under the Constablewrick of Little-Compton aforesaid, who upon their Petition to this Court are reduced to their for­mer State. Now forasmuch as there are already a Competent number of Inhabitants, and a good quantity of Land convenient for a Township.

Be it therefore Enacted by the Governour, Council and Represen­tatives, in General Court Assembled, and by the Authority of the same it is Enacted, That henceforth the said Tract or Tracts of Land as now Bounded by the Limits and Bounds of Little Compton, Freetown and Dartmouth aforesaid, is and shall be a Township, and called by the name of Tiverton; and shall have and enjoy all such Immunities, Priviledges, and Powers as generally other Towns within this Province have and do enjoy: And Joseph Palmer the late Constable is hereby Required forth­with to warn the Inhabitants of the said Town to meet together to choose Select-men, Constables and other Town Officers to carry on and manage their Prudential Affairs in an orderly way as the Law directs, until the next annual day of Election for Town Officers: and the said Inhabitants are enjoyned accordingly to assemble and attend the work.

And it is further Declared, That the Constable or Constables of said Tiverton, shall Collect all such Arrears of Publick Taxes as were assessed and proportioned upon the Inhabitants of said Town by the Select men of Little Compton, whilst they were annexed to that Town ac­cording to the Lists then made, which the said Select-men are to fur­nish them with; and the Treasurer is Ordered to Issue out his War­rant to the Constable or Constables of said Tiverton, for Collecting the same accordingly.

An Act to Enable Town, Villages, and Pro­prietors in common and undivided Lands, &c. to Sue and be Sued.

WHEREAS amongst other things in Their Majesties Royal Charter, for Incorporation of this Province; it is Contain­ed and Granted in these words following: That is to say, Provided nevertheless, And we do for Us, Our Heirs and Succes­sors, Grant and Ordain that all and every such Lands, Tenements and Hereditaments and other Estates, which any Person or Persons, Bodies Politick or Corporate, Towns, Villages, Colledges or Schools, Do hold and enjoy, or ought to have, hold and enjoy within the bounds aforesaid, by or under any Grant or Estate, duly made or granted by any General Court, formerly held, or by virtue of the Letters Patents herein before Recited, or by any other lawful Right or Title whatsoever; shall be by such person or persons, Bodies Politick and Corporate, Towns, Villages, Colledges or Schools, their Re­spective Heirs, Successors and Assigns for ever hereafter, held and enjoyed according to the Purport and Intent of such respective Grant, &c.

And whereas by one Act of the General Court, Entituled, An Act, For the Regulating of Townships, &c. Amongst other things, I [...] is Enacted, That the Proprietors of the undivided or common Lands within each Town or Pre­cinct in this Province, where the same have been heretofore stated each ones Proportion being known, shall, and hereby are Impowred, to order, improve or divide in such way and manner, as shall be concluded and agreed upon by the m [...]jor part of the Interested. And the Proprietors of all undivided or com­mon Lands not stated and proportioned as aforesaid, shall, and hereby are Impowred to manage, improve, divide and dispose of the same, as hath been or shall be concluded and agreed on by the major part of such Proprietors.

Now for the better Enabling the said Persons, Towns, Villages, Trustees for Schools and Proprietors aforesaid, to maintain, recover and defend their Grants, Lands, In­terests, and Estates.

Be it Enacted and Declared by the Governour, Persons, Towns, Vil­lages &c. to Sue or de­fend in any Court. Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That i [...] shall and may be lawful for all and every the said Persons, Towns, Villages, Precincts, Trustees for Schools and Proprietors in common and undivided Lands, Grants, and other Estates or Interests whatso­ever, to Sue, Commence and Prosecute any Suits or Actions in any Court proper to try the same, either by themselves or their Agents or Attorneys,Towns, Vil­lages &c. to chose Agents or Attour­neys to pro­secute for, or defend them. to be appointed by such as have in them the major part of the Interest: And in like manner to defend all such Suits and Actions as shall be Commenced a­gainst them or any of them.

And further be it Enacted by the Authority aforesaid, That all and every Town, Village and Precinct, and Proprietors in common or undi [...]vided Lands, which shall have occasion to Sue or shall be Sued, may at a Meet­ing [Page 70] of the Inhabitants of such Town, Village or Precinct▪ or Proprietors a­foresaid, orderly Warned, by the major Vote of such as shall meet, choose Agents or Attorneys to prosecute for or defend them; such Choice being Certified by the Clerk of such Town, Village, Precinct or Proprietors, or by such other person as they shall appoint.

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

An Act for Regulating Ferrys.

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

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

And further it is Enacted, That the General Post that is setled for Their Majesties, and the Countries Service, be readily dispatched, and set over by all Ferry men where they shall come,Penalty for delaying the Post. without any delay. And if any Ferry-man shall be complained of, and duly convicted before any Justice of the Peace, for delaying any Post, and not forthwith Ferrying of him over, he shall Forfeit the Sum of Twenty Shillings, unto Their Majesties for and to­wards the Support of the Government.

And that Boats be constantly kept on either side of the water at Charlstown Ferry,Assembly­men to pass F [...]rrage free. for the more speedy Transportation of Passengers, the Ferry men on each side to have a separate Interest; and that the Ferry be not from henceforth Leased out otherwise. And all the Members of the General Assembly shall be Ferrage free at all Ferrys in their passing to and from the Assembly,See Additional Act, page and shall be Transported without any unnecessary delay, on pain of forfeiting Twenty Shillings as above-said.

An Act for Granting a Township within the County of Bristol, to be called Attleborough.

WHEREAS there is a certain Tract of Land commonly called by the name of North Purchase lying within the County of Bristol, containing in length about ten miles from Patucket Ri­ver to the Bounds of Taunton, and extending about eight miles in breadth from the Line or Boundary betwixt the two late Colonies of Massachusetts and Plymouth, to the Bounds of the Town of Rehoboth; being a convenient Tract for a Township, and more than Thirty Families al­ready Setled thereupon.

For the better Encouragement and Setlement of the said Plantation.

Be it Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That henceforth the said Tract of Land as above described, and Bounded by the Townships of Taunton and R [...]ob [...]h (no ways to intrench up­on either of their Rights) be and shall be a Township, and called by the name of Attleborough; and shall have and enjoy all such Immuni­ties, Priviledges and Powers, as generally other Towns within this Pro­vince have and do by Law enjoy. Provided that it be not in pre [...]u­dice of any former Grant. Provided also that the Inhabitants of said Place do continue under the power and directions of the Select-men, Assessors and Constables of R [...]h [...]b [...]th (whereto they were formerly annex­ed) as well referring unto any Assessments and Arrears thereof, as all other things proper to the duty of Select-men, Assessors and Constables respectively, until they are supplied with such Officers among them­selves, according to the directions in the Law in that case made and provided

An Act for reviving of Actions & Process late­ly depending in the Superiour Court of Ju­dicature Court of Assize & general Goal de­livery, within the County of Essex, and dis­continued by the not holding of the said Court at Salem upon the Second Tuesday in November, 1694.

WHEREAS by reason of Sickness and other more weighty Oc­casions of the Province intervening; the Superiour Court of Judicature, Court of Assize and General Goal Delivery could not be held and kept, at the time prefixed by Law for the Sitting of the same at Salem within the County of Essex, upon the Second Tuesday in November, in the Year of our Lord, One Thou­sand Six Hundred Ninety and Four: For which if due provision be not made, great delay of Justice, and consequently great Expences to the Suitors in the said Court will ensue Therefore for the Continuing and Reviving all man­ner of Actions or Pleas lately depending, and all manner of Process that were Retur [...]ble or depending in the said Court, and which were discontinued and put without day by the not holding the said Court.

Be it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That all Pleas, Writs, Actions, Suits, Plaints, Process, Pre­cepts or other things whatsoever, that were Returnable, or had day or dayes in the said Superiour Court of Judicature, or Assize and General Goal Delivery, to have been holden and kept as aforesaid, shall stand conti­nued and be revived, and are hereby continued and adjourned unto, and shall and may be pleaded, heard and proceeded upon at the next Superiour Court of Judicature, Court of Assize and General Goal-Delivery within the said County of Essex, to sit at Ipswich on the Third Tuesday in May next ensuing.

And that all parties that had day by any Pleas, Writs, Bills, Actions, Suits, Plaints, Pro [...]ss, Precepts or other thing or things whatsoever at or in the said Court to have been kept at Salem as aforesaid, shall respectively appear at the said next Court to be holden at Ipswich, under the penalty of forfeiting any Obligations or Recognizances conditioned for the appearance of the said parties, at the aforesaid Court in Salem, or under any other penalty that might have incurred upon the said parties, for not appearing at the said Court in Salem, if the same had been there holden and kept.

Provided nevertheless, and it is not to be understood by any thing herein contained, That the Jurors Chosen and Summoned to Serve at the said Court at Salem, are obliged to appear and serve at the said Court to sit at Ipswich; but that new Jurors shall be chosen to serve at said Court as of course.

[Page 73] Provided also, that where it happens any person or persons being Prin­cipals that were under Bond, Obligation or Recognizance for appearance at the said Court to have been holden at Salem, are since that removed and gone beyond Sea or out of this Province, and shall not be returned before the Sitting of the next Court to be held at Ipswich: It shall be in the power of the Court Sitting at Ipswich, upon motion made on that behalf, and they are accordingly to allow a continuance of any such Bond, Obligation or Recognizance to such further time as shall be thought ne­cessary, that no person concerned may be surprized or have advantage unrea­sonably taken against them.

And be it further Enacted by the Authority aforesaid, That when and so often as it shall happen the Superiour Court of Judicature, Court of Assize and General Goal Delivery, or the Inferiour Court of Pleas,Power for Adjourning of Courts. in any of the respective Counties within this Province cannot be hold and kept on the day by Law prefixed for holding of the same, by reason of Death or Sickness befalling any of the Justices of such Court or any providential neces­sary and unavoidable lett or hindrance of their attendance: It shall and may be lawful to and for any two of the Justices of such Court respectively by Writ under their Hands and Seals directed unto the Sheriff of the Coun­ty, therein inserting the occasion thereof, to adjourn the said Court unto a further day, as in the said Writ shall be expressed, at as little distance of time as possibly may be from the day whereon by Law the Court should have sat, that so Justice be not deferred or delayed: And the Sheriff upon receipt of said Writ, shall cause Publication to be made of the same at the usual place of the said Courts Sitting, and some other of the most Publick Places with­in the same County, and also to cause a signification of such Adjournment, and the time unto which it is made, to be posted up at or near the house or place where the said Court uses to sit, and other Publick Places as a­foresaid; to the intent that unnecessary Travail, Charge and Attendance of all persons concerned may be prevented; and the Sheriff is to return such Writ with his doings thereon into the Clerks Office of such Court: And all Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recogni­zances and other thing and things whatsoever returnable or having day or dayes in said Court, shall stand, abide and continue unto the said Ad­journment, and be held, deemed and adjudged to be as good, effectual and available in Law to all intents constructions and purposes, as if such Court had been held and kept on the day by Law for holding of the same, and no Adjournment thereof had been made.

An Act for the more Effectual Suppressing of Drunkenness, and putting in Execution the Laws against such as shall presume to Sell Strong Drink without Licence.

WHEREAS divers persons that obtain Licence for the Retailing of Wine and Strong Liquors out of Doors only, and not to be spent or drank in their Houses, do notwithstanding take upon them to give Entertainment to Persons to sit drinking and tipling there; and others who have no Licence at all, are yet so hardy as to run upon the Law, in ad­venturing to Sell without; Tending to the great increase of Drunkenness and other Debaucheries: Such Houses not falling under the inspection of Officers, as those that are Licensed.

[Page 74] Be it therefore Enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same, Retailers to Sell no other sorts of drink than what they are Li­censed to, nor to suffer per­sons to drink in their Hou­ses, &c. That from and after the Publication hereof, every person and persons now Licensed, or that shall hereafter obtain Licence to Retail Wine and Strong Liquors to be spent out of Doors, and not otherwise, who shall be Convicted of entertaining or suffering any person or persons to sit Drinking or Tipling in their Houses, Cellars, Backsides, or within any of the dependences of such Houses; Or of selling any other sort of Drink than what they have Licence for, shall incur and suffer the like penalties and for­feitures as may by Law be inflicted upon persons selling without Licence: to be recovered and imployed in manner as by said Law is directed.

And all Officers as well Grand-Jurors, Constables, Tything-men, as the Of­ficers imployed in and about the Collecting of the Excise,Officers to inspect Pub­lick Houses & to present such as Sell without. are hereby Autho­rized and Required diligently to see that this Act be duly observed; and to present and inform of all breaches of the same, either at the Court of Gene­ral Sessions of the Peace, or to some Justice of the Peace; who are hereby respectively impowred to hear and determin the said Offence according to Law: As also alike to present or inform of any that shall presume to Sell any sort of strong drink without Licence. And it shall and may be lawful to and for any of the aforesaid Officers respectively Ex Officio to enter into and in­spect the House of any person having once been convicted of selling without Licence, as they may by Law into Licensed Houses. And if any of the be­fore mentioned Officers shall be convicted of taking or receiving any Bribe,Penalty for receiving a­ny bribe, &c. Fee or Reward directly or indirectly to connive at, conceal, or not to present or inform against any person or persons being Licensed to Retail for spending out of Doors only, that shall suffer persons to Drink or Tipple in their Hou­ses or any of the dependences thereof; or for any others who shall presume to sell without Licence; every Officer so offending, shall forfeit and pay three times the value of all and every such Sum and Sums by him received as a Bribe, Fee or Reward; one Moiety thereof unto Their Majesties for and towards the support of the Government, and the other Moiety to him or them that shall inform and sue for the same in any of Their Majesties Courts of Record. And if such Officer be one that be imployed about the Excise, over and above the forfeiture aforesaid, he shall ipso facto be dis­charged of and from his said Office, and be rendred uncapable to be imploy­ed in any Publick Service as an Officer, by the space of three years next fol­lowing.

And be it further Enacted by the Authority aforesaid, That if any person Licensed as a Taverner, Innholder or Retailer of Wine or strong Li­quors out of Doors, shall transgress this Act or any other Law of the Pro­vince made for the Regulation of such Houses,Licence to be forfeited upon a third Conviction. in any of the particulars therein mentioned, and shall be more than twice convicted of such breach of Law within the compass of one year: Every person so offending over and above the penalty in the Law for such transgression, shall forfeit his or her Licence, not to be renewed again by the space of three years next following.

And if any person or persons duly convicted of the breach of Law in any of the particulars herein before-mentioned,Persons una­ble, or neg­lecting to pay their Fine how to be pu­nished. or of selling without Li­cence, shall be unable, or neglect to pay and satisfy the Fine imposed by Law for such transgression: It shall and may be lawful to and for the Court or Justice before whom the Conviction is to order such person or persons ei­ther to stand Committed to the Goal of the County by the space of twenty days without Bail or Mainprize, or to be set in the Cage, or Stocks, to remain there, not exceeding the space of three hours.

[Page 75] And it is further Enacted by the Authority aforesaid, That the Se [...]lect-men in each Town shall cause to be Posted up in all Publick Houses within such Town,Select-men to cause re­puted Drun­kards &c. to be posted up. a List of the Names of all persons reputed Drunkards or common Tiplers, mispending their time and Estate in such Houses: And every keeper of such House after notice given him as aforesaid, that shall be Convicted before one or more Justices of the Peace of entertaining or suffering any of the persons named in such List, to Drink or Tipple in his or her House, or any of the dependences thereof,Penalty on the keepers of Publick Houses giv­ing them En­tertainment▪ shall forfeit and pay the Sum of Twenty Shillings; one Moiety thereof to him or them who shall inform of the same, and the other Moiety to and for the use of the Poor of the Town where such Offence shall be committed.

An Act for preventing of mens Sons, or Ser­vants absenting themselves from their Pa­rents or Masters Service without leave.

WHEREAS Complaint has been made by sundry Inhabitants of this Province, that they have sustained great damage by their Sons and Servants deserting their Service without consent of their Parents or Masters, being Encouraged to enter themselves on Board of Pri­vate Men of War, or Merchants Ships, and there Entertained.

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 no Commander of any Private Man of War, or Master of any Merchant Ship or Vessel coming into, tarrying or abiding in, or going forth of any Port, Harbour or Place within this Province, shall receive,Penalty on Command­ers or Mast­ers of Ships &c. for En­tertaining mens Sons or Servants without leave. har­bour, en [...]ertain, conceal or secure on board such Ship or other Vessel, or suf­fer to be there harboured or detained, any mans Son being under Age, or Ap­prentice, o [...] Covenant Servant, (knowing him to be such, or after notice there­of given) without licence and consent of his Parent or Master in writing under his hand first had and obtained; on pain of forfeiting the Sum of Five Pounds per Week, and so proportionably for a longer or shorter time that any Son, Apprentice or Servant, shall be held, harboured, concealed or detained on board any such Ship or other Vessel as aforesaid, without licence and con­sent as aforesaid; the one Moiety thereof unto Their Majesties, to be imploy­ed towa [...]ds the support of the Government of the Province, and the other Moiety unto the Parent or Master of such Son, Apprentice or Servant that shall inform and sue for the same in any of Their Majesties Courts of Re­cord within this Province, by Bill, Plaint or Information, wherein no Essoign, Protection or Wager of Law shall be allowed.

And be it further Enacted by the Authority aforesaid, That eve­ry Apprentice or Covenant Servant who shall unlawfully absent himself from his Master, and enter himself on board any Ship or Vessel as aforesaid, with intent to leave his Masters Service;Penalty on Servants de­serting their Masters Service. or continue there more than the space o [...] twenty four hours, and be thereof convicted before Their Majesties Justices in General Sessions of the Peace within the same County, shall forfeit unto his Master such further Service from and after the Expiration of the Term which his said Master had in him at the time of his departure, as the said Court shall order, not exceeding one year.

An Act for Grand Jurors Serving at the Quarter Sessions of the Peace, and Punish­ing defaults of Jurors attendance.

TO the intent that due Inquiry and Presentment may be made unto the Court of Quarter Sessions of the Peace within the respective Counties, of all Misdemeanours, Offences and breaches of Law proper to the Cogni­zance of said Court hapning within such County, for the Suppressing and Punishing of the same; And that Jurors may duly attend the Service for which they are chosen.

Be it Enacted by the Lieutenant Governour, Council and Repre­sentatives in General Court Assembled, and by the Authority of the same, That the Clerk of the Peace of each several County shall annually, fif­teen days at least before the day for holding of the Court of Quarter Sessions of the Peace for such County,Grand Jurors to serve a full year. issue out Writs directed unto the Constables of the respective Towns within the same; Requiring them or one of them forth­with to warn a Meeting of the Inhabitants duly Qualified by Law, for the choosing of one or more Grand Jurors, according to the number such Town has been accustomed to send, or otherwise shall be appointed for them by the Justices of the said Court, and the person or persons so chosen, to warn to ap­pear at the next Court, and the following Courts of Quarter Sessions succes­sively to be holden for the same County within the space of one year, & there to attend the Service belonging to them; and to make return of the said Writ with his doings thereon accordingly unto the said Clerks Office, before the opening of said Court: And if any Constable shall fail of performing his duty by said Writ required, or seasonably to return the same, he shall forfeit and pay the Sum of Forty Shillings; and the persons chosen and returned as a­foresaid appearing shall be Impaneled and Sworn a Grand Inquest for the body of such County, and shall continue in said Office for the space of one full year,Their duty. and until others be chosen and Sworn in their stead, whose duty it shall be to inquire and duly present the breach of all such good and wholesome Laws as are or shall be Established within this Province, and all such misdemea­nours as are proper to their inquiry, and the Jurisdiction of said Court.

And if any person chosen to said Office, and Summoned by the Constable and so returned by him, shall make default in appearance without reasonable excuse made and allowed of by the Court,40 s Fine for non appear­ance. the said Court shall and may set a Fine upon him, not exceeding the Sum of Forty Shillings. And a new Writ shall issue forth unto the Town to choose another in his room, and so like­wise in case of the removal of any by Death or otherwise.Petit Jurors making de­fault to be fined not ex­ceeding 20 s.

And be it further Enacted by the Authority aforesaid, That if any person or persons legally chosen and summoned to Serve upon the Petit Jury for Tryals in the Superiour Court of Judicature, Court of Assize and General Goal delivery, or in any of the Inferiour Courts of Common Pleas, or of Ge­neral Sessions of the Peace; being so returned by the Constable under his hand,See Act to pre­vent default in the appea­rance of Ju­rors page shall make default of appearance, and not attend the said Service, with­out reasonable excuse made and allowed of by such Court; every person and persons so offending shall be fined by said Court (who are hereby impowred thereto) not exceeding the Sum of Twenty Shillings.

All Fines and forfeitures accruing by virtue of this Act shall be paid into the Treasurer of the County, where the same do arise, and be imployed to­wards the defraying of the Publick Charges of such County.Fines & for­feitures to come to the County.

And in case any person or persons Sentenced to pay any of the said Fines or Forfei [...]ures shall neglect or refuse so to do, the same shall be levied by di­stress and sale of the Offenders Goods or Chattels by Warrant from the Court that awarded the same, to be Signed by the Clerk of said Court; together with the incident charges arising for taking such distress according to the Fees by Law allowed for levying of Executions,How to be levied. and Two Shillings for the Warrant to be paid unto the Clerk that granted the same.

[Page 77]And all Grand Jurors shall be allowed by the County Treasurer the Sum of Two Shillings per Diem each man, during their attendance on any Court; the time to be Certified unto the County Treasurer by the Clerks of the respective Courts.Grand Jurors allowance. And no Grand Juror shall be compelled to Serve more than one year in three: Nor any Petit Juror more than at one Court within the compass of a year.

An Act for Supplying the defects in the Act Entituled, An Act Encouraging the Killing of Wolves.

WHEREAS by the Act Entituled, An Act Encouraging the Kil­ling of Wolves, made and passed at the Session of the General As­sembly, begun and held at Boston the Thirty first day of May, in the Fifth Year of Their present Majesties Reign; there is Provision for payment to be made unto the person or persons who shall Kill any grown Wolf or Wolves Whelp, out of the Town Stock, in which such Wolf is Killed, or of the Town lying next Adjacent thereto, and that the said disburst, the same being made to appear, shall be allowed unto such Town, by the General Treasurer of the Province out of the Publick Treasury.

But forasmuch as there is no particular direction in the said Act how or in what manner such payment out of any Town Stock shall be made appear, so as to justify the Treasurer in allowing of the same; and the better to prevent any fraud therein.

Be it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That every person or persons Killing any grown Wolf or Wolves whelp (other than such as shall be taken out of the Belly of any Bitch Wolf) within any Town of this Province,Constable & one or more Select-men to give Re­ceipt for Wolves Heads. and bringing the head thereof unto the Constable of such Town or of the Town next adjacent, the Constable in the presence of one or more of the Select men, shall cut both the Ears off the same, and such Select man or men and Constable, shall give the party a Re­ceipt for the said head, expressing whither it be a grown Wolf or a Whelp; and upon producing such Recei [...], the party shall be paid and allowed by the Select men or Treasurer of such Town out of the Town Stock, for the same, as in and by the said Act is directed. And all such payments so made shall be Certified unto the Treasurer and Receiver General, under the hands of the major part of the Select men in such Town, and Town Treasurer (where a­ny such be) or Town Clerk, in manner following, That is to say.

And be it further Enacted, That the Treasurer do cause a competent number of blank Certificates in the Form above-said, to be printed at the pub­lick Charge, and affix his own Seal thereto, and is hereby Ordered to deliver so many unto the Select men of each Town and place respectively, or some one of them, as shall be necessary for [...]e use of such Town or Place.

An Act to prevent Incestuous Marriages.

ALTHOUGH this Court doth not take in hand to determine what is the whole Breadth of the Divine Commandment respecting unlawful Marria­ges. Yet for preventing of that abominable Dishonesty and Confusion which might otherwise happen.

Be it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That no man shall Marry any Woman within the degrees here­after named in this Act, That is to say, No man shall Marry his Grand-fathers Wife, Degrees of Kindred for­bidden Mar­riage. Wives Grand mother, Fathers Sister, Mothers Sister, Fathers Brothers Wife, Mothers Brothers Wife, Wives Fathers Sister, Wives Mothers Sister, Fathers Wife, Wives Mother, Daughter, Wives Daughter, Sons Wife, Sister, Brothers Wife, Wives Sister, Sons Daughter, Daughters Daughter, Son Sons Wife, Daughters Sons Wife, Wives Sons Daughter, Wives Daughters Daughter▪ Brothers Daughter, Sisters Daugh­ter, Brothers Sons Wife, Sisters Sons Wife, Wives Brothers Daughter, Wives Sisters Daughter. And if any man have already Married, or shall hereafter Marry, or have carnal Copulation with any Woman who is within the degrees before recited in this Act; every such Marriage shall be and is hereby declared to be Null and Void. And all Children that shall hereafter be born of such Incestuous Marriage or Copulation, shall be for ever disabled to Inherit by Descent, or by being generally named in any Deed or Will by Father or Mother.

And be it further Enacted by the Authority aforesaid, That every Man and Woman who shall Marry, or carnally know each other, being within any of the degrees before recited in this Act,Penalty for any within the said De­grees that shall Marry. and shall be convicted thereof before His Majesties Justices of Assize and General Goal Delivery; such Man and Woman so convicted, shall be set upon the Gallows by the space of an hour, with a Rope about their Neck, and the other end cast over the Gallows: And in the way from thence to the Common Goal, shall be severely Whipped, not exceeding Forty Stripes each. Also every person so offending shall for ever after wear a Capital I of two inches long, and pro­portionable bigness, cut out in cloth of a contrary colour to their Cloaths, and sewed upon their upper Garments on the out side of their Arm, or on their back in open view. And if any person or persons having been convict­ed and sentenced for such Offence, shall at any time be found without their Letter so worn, during their abode in this Province, they shall by Wa [...]rant from a Justice of the Peace be forthwith Apprehended and Ordered to be publickly Whipp'd not exceeding Fifteen Stripes, and so from time to time toties qu [...]ties.

Penalty on such whose Marriage is declared Null to converse or dwell to­gether. And be it further Enacted by the Authority aforesaid, That if any Man or Woman whose Marriage is by this present Act declared Null and Void; shall be so hardy as to converse together as Man and Wife, or shall continue to dwell in the same House at any time after the space of forty day next after the Publication of this present Act, and be there­of [Page 79] Convicted; or if any Man and Woman who shall hereafter be divorced or their Marriage declared to be null and void, according to the Law of this Province, shall Cohabit or Converse together as Man and Wife, and be there­of Convicted, all and every such persons shall suffer the pains and penal [...]ies mentioned in an Act made and passed by the Great and General Court or Assembly, at their Sessions begun and held the Thirtieth Day of May. One Thousand Six Hundred Ninety Four, Entituled, An Act against Adultery and Poligamy; which in and by the said Act are set and imposed upon such as shall be taken in Adulter [...] And it shall be in the power of the Justices of the Superiour Court of [...], to Assign unto any Woman so separated, such reasonable part of the Estate of her late Husband as in their discretion the circumstances of the Estate may admit, not exceeding one third part thereof.

And for the better preventing of Clandestine Marriages.

Be it Enacted by the Authority aforesaid, In Addition to the Act En­tituled, An Act for the orderly Consummating of Marriages. That no Person other than a Justice of the Peace, and that within his own County only, or Ordained Minister, and that only in the Town where he is setled in the Work of the Ministry;Justices and Ministers not to Marry persons out of their County or Town re­spectively. shall or may presume to joyn any Per­sons together in Marriage; Nor shall any Justice or Minister, joyn any Per [...]sons in Marriage other than such, one or both of whom are Inhabitants or Residents in such County or Town respectively, nor without Certificate pro­duced under the hand of the Clerk of the several Towns where the parties respectively dwell, that the names and intention of the said parties have been entred with him fifteen days before hand; and that due Publication of such their intention or purpose has been made in manner as by Law is directed; Nor without evident signification that the Parents of such persons,Names and intention of Marriage to be Entred with the Town Clerk. or others whose immediate care or government they are under, are knowing of and consenting to such Marriage: On pain that every Justice, Minister, or other person offending against this Act, shall for every such Offence, forfeit and pay the Sum of Fifty Pounds, as a fine for and towards the defraying of the Publick Charges arising within such County w [...]ere the offence is commit­ted, to be sued for and recovered by the County Treasurer in any of His Majesties Courts of Record within the same, by Bill, Plaint or Information;Penalty on Justices or Ministers offending. and shall and are hereby for ever after disabled to joyn persons in Marriage; and be further liable to the Action and Suit of the Parent, Guardian or others whose immediate care or government either of the parties were under at the time of such Marriage, that are agrieved thereat and shall prosecute the same.

And be it further Enacted, That if at any time the Banns of Matri­mony betwixt any persons shall be forbidden, the Publisher thereof shall for­bear to proceed therein,Banns forbid­den not to be out ask'd till the matter be heard, &c. until the matter have been duly inquired into and heard before two of the Justices of the same County, and that they certify under their hands, either that the cause was insufficient, or that it is removed.

And all Marriages shall be Registred by the Town Clerk of the same Town where they are consummated; and every Justice or Minister as aforesaid,Town Clerk to Register Marriages. shall return a Note or Certificate unto the Clerk of the Town, of the names of all persons which they shall Marry, and of the time when, within three months at farthest after Consummation of the same, and shall allow and pay out of his Fee unto the Clerk for Entring the same Three pence: Any Law, Usage or Custom to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid, Penalty on men and wo­men that shall wear contra­ry Apparrel. That if any Man shall wear Womens Apparrel; or if any Woman shall wear Mens [Page 80] Apparrel, and be thereof duly Convicted; they shall be corporally punished or Fined, at the discretion of the Quarter Sessions, not exceeding Five Pounds, to the use of the County where the Offence is Committed, towards the de­fraying of the County Charges.

An Act for Regulating the Assize of Shingles.

WHEREAS it has been accustomed that Shingles exposed to Sale, are close Packt up in Bundles, so that the quality of them cannot be seen, and do frequently fall short of the due Assize and Dimenti­ons, whereby great Injustice may be done.

For Remedy whereof.

Be it Enacted by the Lieutenant Governour, Council and Re­presentatives, in General Court Assembled, and by the Authority of the same, That all Shingles exposed to Sale, shall be made of good sound Timber,Assize of Shingles. and of the following Dimentions, That is to say, each Shingle to bear eighteen Inches or fifteen Inches in length; and not under three and half Inches in breadth, nor under half an Inch thick, and well shaved; all Shingles of eighteen Inches and fifteen Inches respectively, to be made up in distinct Bundles by themselves.

And be it further Enacted by the Authority aforesaid, That from and after the first day of September next ensuing, No person shall expose to Sale any such Shingles,All Shingles under due Assize, expo­sed to sale to be forfeited. which are not of the full dimentions, of length, breadth and thickness aforesaid; On pain of forfeiting every bundle, wherein any Shingles shall be found under any of the said dimentions of length, breadth or [...]hickness. And if any person to whom any Shingles are tendred to be Sold, shall desire to have them viewed, upon his application made to a Justice of Peace, such Justice is hereby Impowred to make out a Warrant for the app [...]inting and authorizing some able House-Carpenter to view and measure the same;Justices of the Peace to ap­point a Viewer. and to administer an Oath unto him to deal faithfully and impar­tially therein; and in the presence of the Owner or Vender of such Shingles (it be see cause to be there) to perform the said Service, and to make seizure of al [...] such bundles of Shingles, in which there shall be any found under the full dimentions above mentioned,Defective Shingles for­feited to be to the use of the poor. in any particular thereof. And upon such re­turn made by the said Officer under his hand to the Justice who granted the Warrant, such [...]ustice shall declare the said Shingles to be forfeited; and cause them to be de [...]ivered unto the Select men or Overseers of the Poor of the Town, where they are offered to Sale, to be imployed to and for the use of the Poor of such Town: The charges of viewing being first defrayed and answered for out of the same: But where there appears no defects, the person at whose desire the Survey is appointed, shall answer the whole charge thereof.

An Act for the better Settlement of the Islands of Marthas Vineyard, and Islands adjacent.

BE it Enacted by the Lieutenant Governour, Council and Representatives, Convened in General Court or Assembly, and by the Authority of the same, That the Islands of Mar­thas Vineyard, Elsabeth Islands, the Islands called Nomans Land, & all the dependencies formerly belonging to Dukes County (the Island of Nant [...]ckett only [...]xcepted) shall be, remain and continue to be one Coun­ty [Page 81] to all intents and purposes, by the name of Dukes County: And all Appeals from any Judgment or Judgments given or to be given in any of the Inferiour Courts of Pleas within the said County,Appeals from Courts in Dukes Coun­ty to be to Plymouth. shall henceforth be heard and tryed at the Superiour Court of Judicature to be holden from time to time at Plymouth within the Neighbouring County of Plymouth, any Law, Usage or Custom to the contrary notwithstanding: the Jurors to Serve at said Superiour Courts of Judicature to be from time to time chosen and summoned out of the seve­ral Towns within the said County of Plymouth and Dukes County according to the directions in the Law in such case provided. The Island of Nantuckett to remain and continue under the same Form of Government as is already there setled:Appeals from Courts in Nantucket to be to Boston ▪ and Appeals from the Judgments given or to be given in the Inferiour Court of Pleas within the said Island, to be heard and tryed in the Superiour Court of Judicature to be held at Boston within the County of Suffolk as is by Law provided.

An Act in further Addition to the Act Enti­tuled, An Act for the Settlement and Sup­port of Ministers.

BE it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Au­thority of the same, That when at any time a Church shall make choice of a Minister, and present their choice unto the Inhabitants of the Town or Precinct in a Publick meeting duly warned and assembled for that purpose, to have their concurrance therein; and the Inhabitants so Assembled, shall by a major Vote deny their approbation of the Churches choice; the Church may call in the help of a Council consisting of the El­ders and Messengers of three or five Neighbouring Churches, which Council are hereby Impowred to Hear, Examine and Consider the exceptions and allegations made against the Churches Election. And in case the Council shall notwithstanding approve of the said Election, such Minister accepting of the Choice, and setling with them, shall be the Minister of the Town or Precinct, who shall be in all respects supported and maintained, as by the said Act is provided; but if otherwise, the Church shall proceed to the E­lection of another Minister.

And it is further Declared, That no person by reason of his Voting in the Church shall be precluded from Voting as an Inhabitant of the Town: Any Law, Usage or Custom to the contrary notwithstanding.

An Act for the better discovery and more effectual Suppressing of Unlicensed Houses.

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

For Remedy whereof, and the more effectual deterring and suppressing of such Evil Practices.

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

And be it further Enacted by the Authority aforesaid, That it shall & may be lawful to and for any Grand Jurors,Officers p [...]wer to se [...]z drink found in Unlicensed Houses Constable, Tything-men, & the Officers imployed in and about the Excise, Ex Officio to enter into the House & Dependencies thereof, of any such person as aforesaid, suspected of Selling strong Drink without Licence, having once been convicted thereof, and taking wi [...]h them such assistance as they shall think needful, to make search for strong Drink, & finding any quantity of any kind of the Drinks herein before-menti­oned, to seiz and secure the same, so as it be within the space of one year next a [...]ter such conviction, and to inform thereof at the next General Sessions of the Peace to be holden within the same County, or unto two Justices of the Peace (Quo­rum Ʋnus) within the same; And if the quantity of Drink so seized shall be judged by such Court or Justices to be more than for the necessary use of the Family, and what their condition may reasonably allow them to Expend, or otherwise to have in their Custody: It shall and may be lawful to and for such Court or Justices to declare all such Drink to be forfeited; one Moiety thereof unto the party that seized and informed of the same, and the other Moiety to the Select-men or Overseers of the Poor of the Town where it was Seiz [...]d, to the use of the Poor there, & to order the disposal thereof accordingly.

Appeal from the Sentence of 2 Justices Provided nevertheless. That any person agrieved at the Sentence of any two Justices for either of the Offences before-mentioned may Appeal therefrom unto the next General Sessions of the Peace within the same County; Provided such Appeal be claimed in due time, and security given in manner as the Law in such cases directs.

An Act for taking of Affidavits out of Court.

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

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

And be it further Enacted by the Authority aforesaid, Justices to grant Sum­mons for Witnesses▪ That every Justice of the Peace shall be, and hereby is Impowred, upon Request to him made, to Grant Summons for the Appearance of any Witness before him in any Civil or Criminal Cause, where such Witness is bound to Sea before the time of Tryal, and to take his Deposition in such Cause, the adverse party be­ing present, or notification sent him as aforesaid.

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

And be it further Enacted by the Authority aforesaid, Affidavits in perpetuam rei memoriam to be Sworn in Court or be­fore 2 Justices, That all Affida­vits relating to the Possession of any Houses or Lands, or any other matter, in perpetuam rei memoriam, shall be made and taken before some Court of Record, or two or more Justices of the Peace, Quorum Unus.

And it is further Enacted, That all persons Forswearing themselves in any such Affidavits taken as aforesaid, shall incur the same Penalties,Penalty for perjury▪ as if they had been taken in open Court.

An Act for the granting unto His Majesty, An Additional Tax of Two Thousand Three Hundred Thirty Three Pounds, Nine Shillings and Three-pence, unto the Tax upon Polls and Estates, granted by an Act of this Court, at their Sessions begun the Twenty-ninth Day of May last past.

FOR the Support of the Government within this His Majesties Province of the Massachusetts-Bay, and answering of the incident and contingent Char­ges in and about the same: For a vigorous Prosecution of the War against the French and Indian Enemy and Rebels; For the payment of just Debts already Contracted, or to be Contracted on the Publick Account within this Province, and such Grant [...] [...] Allowances as have been or shall be made and ordered by the General Court or Assembly to particular persons; For the Repairs and Support of His Majesties Castle, upon Castle-Island, and the Garrison there; For the making good One Hundred Pounds Miscast in the Grant of Nine Thousand Five Hundred Fifty Nine Pounds, including a former Grant by Act of the General Assembly, Pas­sed at their Sitting by Adjournment the Fifth Day of September, One Thousand Six Hundred Ninety Four, Entituled, An Act, For Regulating of the late Tax, and for Granting an Additional Supply of Mony. To the ends and [...] afore­mentioned, and none other. We the Representatives of this His Majesties said Province of the Massachusetts Bay Do Grant unto His Most Excellent Majesty, a Tax of Two Thousand and Eight Pounds, Nineteen [...]hillings and Three pence in Money, to be Raised and Levied upon Polls and Estates, both real and perso­nal within the same, 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 forthwith make out and send Warrants to the Select-men or Trustees, and Commissioner of each respective Town and Precinct within this Province, Requiring them to assess all their rateable Male Polls and Estate, both real and personal, lying within such Town or Precinct, and the Dependences thereof, one full and just third part of the Sum total of the two several Lists returned unto the Treasurer, upon the Grant made at the Session of this Court, begun and held the Twenty Ninth of May last past; the Lists of the same that are returned amounting to the Sum of Six Thousand and Twenty Six Pounds Seventeen Shillings and Eight Pence. Which said third part is to be assessed proportionably upon Polls and Estates, according to the Rules and Directions in the Act for the said Grant prescribed and particularly set down, and the said Lists so made, to return unto the Treasurer, with a Notification of the Names of the Constables or Collectors of such Town or Precinct respectively, at or before the last day of March Instant. And the Treasurer is hereby further Impowred and Ordered to send out Warrants di­rected to the Constables or Collectors of the said several Towns and Precincts, together with the said Lists, requiring them to collect & pay in the Sum there­in mentioned, into the Treasury, and to Issue their Accompts thereof with him­self or Successor, at or before the Twenty Ninth Day of May, which will be in the Year of our Lord God, One Thousand Six Hundred Ninety Six.

Provided nevertheless, Forasmuch as the Select-men or Trustees of the several Towns and Precincts hereafter named, have omitted their Duty, in not retur­ning unto the Treasurer the Lists of their said Towns or Precincts respective [Page 85] Sums and Proportions unto the aforesaid Tax Granted by this Court at their Session begun the Twenty Ninth Day of May last past, and have hitherto paid nothing towards the same. To the intent therefore that they may bear their just and equal proportion of Publick Charges.

Be it Enacted by the Authority aforesaid, That the said several Towns and Precincts, shall pay towards the said former, and this Additional Grant the respective Sums following. That is to say,

The whole proportion of the said before named Towns and Precincts, a­mounting to Three Hundred Twenty Four Pounds Ten Shillings being added to the Two Thousand and Eight Pounds Nineteen Shillings and Three pence before mentioned, makes this Additional Grant to be Two Thousand Three Hund [...]ed Thirty Three Pounds Nine Shillings and Three-pence, & the whole Tax (including the Sum formerly returned) to be Eight Thousand Three Hundred and Sixty Pounds Six Shillings and Eleven-pence.

And the Treasurer is hereby Ordered forthwith to send out Warrants directed unto the Select men, or Trustees and Commissioner for Asses [...]ment (if any such there be) of the several Towns and Precincts before-named, requiring them forthwith to assess the Sum herein set and proportioned, unto the said several Towns and Precincts, upon all the rateable Male Polls and Estate, both real and personal l [...]ing within the same, according to the Rules and Directions in the Act for the aforesaid Grant, and in this present Act prescribed and set down and to return a List thereof unto himself, at or before the last day of March In­stant: And the Treasurer upon Receipt of the same is hereby further Impow­red and Ordered to send forth his Warrants, together with the said Lists, unto the Constables or Collectors of the said several Towns and Precincts requiring them to collect and pay in the Sum therein mentioned into the Treasury, and to issue their Accompts thereof with himself or Successor, as aforesaid, at or before the said Twenty Ninth Day of May, which will be in the Year of our Lord God, One Thousand Six Hundred Ninety Six.

And for the better Enabling the Treasurer to Enforce the bringing in of the Monies herein mentioned to be Granted, & the Arrears of all Publick Rates & Taxes whatsoever, at any time or Times heretofore granted either due from any Town or Towns, or in the hands of any Sheriff, Constable or Collector, the Ac­compts whereof lye open & unfinished, or where any Select-men or Assessors have or shall fail of performing the Duty & Service lawfully required of them.

Be it Enacted by the Authority aforesaid, That the Treasurer shall be, and hereby is fully Impowred & Authorized, to take, use and execute all such Methods, Directions, Powers, & 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, for the ob­taining and drawing into the Treasury as well all the Monies mentioned to be Granted in and by this present Act, as all Arrears of any former, and other Rates and Taxes what­soever, as fully & effectually as if the same Directions, Methods, Powers, & Authorities had herein been again particularly Recited & Re-enacted, and notwithstanding any limitation or restraint thereof in the particular Act or Acts wherein the same are enumerated, set down and expressed. And all Select-men, Trustees or Assessors, Sheriffs, Constables or Collectors failing of performing the Duty and Service of them respectively required, shall be liable and subject unto the like Pains, Penalties and Forfeitures to be prosecuted, had and recovered of them in the same way and manner, and before the same Judicatories, as in and by the said Acts, or any of them are set, declared and prescribed.

[Page] And be it further Enacted, That the Treasurer be, and is hereby Impow­red to Issue forth and pay a certain number of Bills of Credit, to the value of Four Thousand Pound [...] more than what is before Ordered according to the a­foresaid Act for which this present Tax, and the Impost and Excise shall be a Fund.

And be it Declared and Enacted by the Authority aforesaid, That the Accompts of the Issuing and Disposal of Monies and Sums of Mony granted and raised, and that hereafter shall be granted and raised by the General Assembly, for the Support and Defence of this His Majesties Province, and that hath or shall come into the Publick Treasury, by any other wayes or mea [...] whatsoever, shall be by the T [...]easurer laid before the Great and General As­sembly, when by them required, for their Examination, Approbation and Al­lowance from time to time as hath been accustomed. And all such Approbati­ [...]ns and Allowances of the General Assembly heretofore, and that hereafter shall be passed, shall be to the Treasurer a full and final Discharge.

An Act for the Encouragement of making Salt, within this Province.

FORASMUCH as the Inhabitants of this Province are brought into great Straits by reason of the dearness and scarcity of Salt; Many of our Vessels imployed in fetching of it from Tar [...]ooda, and other Places, be­ing taken by Privateers, and others Discouraged from Undertaking such Voyages during this time of War: And whereas Elisha Cook, Elisha Hutchin­son, and John Foster, Esqrs. Have Informed this Court, that Proposals have been offered them of the possibility of making Salt here after the manner as it is made in France. For a Trial whereof, a considerable Sum of Money must be advanced, and great pains taken, and that with uncertainty of Success.

Wherefore for the promoting of a Design that will be so universally beneficial, it it take effect.

Be it Enacted by the Lieutenant Governour, Council and the Representatives in General Court Assembled, and by the Authority of the [...]me, That the whole priviledge and benefit of making Salt within this Province, shall be to the said Elisha Cook, Elisha Hutchinson, and John Foster and to their Associates, during the space of Fourteen Years: And if any person or persons shall make any Salt [...]s above-said within this Province during the said Term of Fourteen Years next coming; or shall Import any Salt into this Province, made as above-said in any other Province or Place in New England: They shall yield and pay as a Custome, the value of Ten Shil­lings per Hogsh [...]d for all such as shall be Imported as above-said; one half to the Undertakers, Elisha Cook, Elisha Hutchinson, and John Foster Esqrs. and their Associates, the other half to the use of the Poor of the Town where the same shall be Seized, to be Recovered, as other Customs are; whether the sam [...] be Seized on Board any Ship or Vessel Importing it; or in any Store hous [...] or Place on Shore, within six months after its being so Imported. Provid [...] that the said Elisha Cook, Elisha Hutchinson, and John Foster, shall cause to [...] made as above said, One Hundred Hogsheads of good Merchantable [...] within this Province before the Expiration of the Year One Thous [...] Seven Hundred. Any Law, Usage or Custom to the contrary not [...]standing.

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,Manner of Distribution. 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 th [...] Debts due to the C [...]wn, 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 Pro [...]te of Wills, and granting of Administrations;Apprisers to be Sworn. and the said Judge shall nominate and appoint two or more fit and indifferent persons to make a true and equal Apprizement of such Estate, and Administer an Oath unto them for that purpose; 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 know [...] and published by Posting up the same in some publick places in the Sh [...]e Town of that County where such Deceased person last dwelt, and of t [...]e 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 Re [...]port, 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 first subducted, shall order the Residue and Remainder of the Estate to be paid and distributed to and 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, Debts may be contested at common Law. That notwithstanding the Report of any such Commissioners 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,Process sus­pended whilst the Commission is depending Sickness and Funeral Charges) shall be allowed against the Executors or Administrator of any Insolvent Estate so long as the same shall be depending is aforesaid.

[Page 90] Creditors ex­cluded that bring not in their Claims.And whatsoever C [...]edi [...]o [...] shall not make o [...]t his or her Claim with such Commissioners befor [...] the full Expiration of the limited time, such person s [...]all be for ever after de [...]arred of his or her Debt, unless he or she can find some further Est [...]te 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,Persons sus­pected of concealment or Imbezel­ments to be Sworn. be, and hereby is fully Authorized and Impowred to call before him, & to require and administer an Oath unto any person or persons probably sus­pected by any Executor or Administrator to have concealed, imbe [...]el'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 viol [...], & shall refuse to clear and acquit him or her self upon Oath. It shall and may be lawful for,Penalty for refusing. and the Judge is hereby Impowred to commit such person so refusing to Swear, 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 Administrator.

Saving unto any person agrieved at any Sentence, Order or Decree, made by the Judge of Probate,Appeal. liberty of an Appeal unto the Governour and Council; such Appellant giving Bond in a reasonable Sum with sufficient Securi [...]y to prosecute his Appeal with effect, and to abide and perform the determination that shall be made thereupon.

An Act for the due Assize of Bread.

BE it Enacted by the Lieutenant Governour, Council and [...] ­sentatives in General Court Assembled, and by the Au­thority of the same, That henceforth every Loaf- [...]read B [...]ker shall have a distinct mark for his Bread, and keep the due Assizes herea [...]ter 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 A­verdupoiz weight as is hereafter mentioned, according to the different [...] of Wheat by the Bushel.

[Page 91]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 once every week or oftner as they shall see cause,Clerks of the Market pow­er & duty. to enter into any Shop or Place where Bread is usually Sold or Baked for S [...]le, 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; 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▪ shall once a month, or oftner as they shall see cause inquire, state and record the middle price of Wheat,Select men to state the price of Wheat. and cause the same to be made known by posting it up in some publick place or places in 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, on pain of forfeiture as aforesaid.Bisket Sold by Tale to be Markt & of due Assize 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 unmarked 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 Ord [...]ined by the Lieutenant Governour, Lands and Tenements liable to Ex­ecution. Council and Representatives, in General Court Assembled, and by the Authority of the same, 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, 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.Execution duly served & Recorded to make a good Title.

And all Executions duely Served upon any such Houses and Lands, be [...]ing returned into the Clerks Office of the Court out of which the same [Page 92] 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 Cha [...]tels 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, [...]ustices of [...]e Superi­ [...]ur Court [...]mpowred [...]o 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 Licensed 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.

Debts to the Crown to be first paid. Provided nevertheless, 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, 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 covenous and fraudulent,Fraudulent Deeds to be void. and shall be of none effect to bar any Creditor from such Debt as is to him Owing.

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 Women do al­ledge that the said Child was Born Dead, whereas it falleth out sometimes (although 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 procure­m [...]nt.

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 her 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: Ex­c [...]pt 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.

An Act against High Treason.

BE it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, Compassing or imagining the Death of the King, &c. 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, or of the 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,Levying War against the King. 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, at the time of his Arraignment, or voluntary Confession of the Party Arraigned. Or if any person or persons shall counterfeit the Kings Great Seal or Privy Seal, or the Seal of this Province, and thereof be duly Convicted as aforesaid.Counterfeit­ing the Kings great Seal, &c. Then every such person and persons so as aforesaid offending, shall be deem­ed, declared and adjudged to be Traitors, and shall suffer pains of Death, and also loose and [...]orfeit as in cases of High Treason.

And be it further Enacted by the Authority aforesaid, Try [...]ls to be Regulated according to the Law of England, in cases of Treason, &c. That the Try­al of all and every pe [...]son and persons whatsoever Accused, Indicted and Prosecuted for High Treason and Misprision of such Treason, shall be regu [...]lated 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.

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 Tall [...]w.

Be it Enacted by the Lieutenant Governour, Council and Repre­sentatives in General Court Assembled, and by the Authority of the same, 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. That if any Distiller or Tallow Chandler shall presume to Set up any Still or Stills [...]or 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; Every per­son and persons so offending, and being thereof duly 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 Over-plus, 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 Ferries betwixt Boston and Charlstown, and betwixt Boston and Winis [...]et. There­fore for prevention of the great Inconvenience and Da­mage that d [...]th or may happen to persons by being hin­dred and delayed at the said Ferries for want of speedy Transportation over the same.

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 Winis [...]t Ferry,Stated hours for the Ferry Boats passing at Wenn [...]simit 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,Penalty for Ferry-mens neglect. shall forfeit and pay the Sum of Twenty Shillings, 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.

Posts, &c. be speedily transported. 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, shall be speedily Transported over the said Fer [...]y at any time or season without delay, on the penalty afore­said, any thing herein before contained to the contrary notwithstand­ing.

Saving for stormy Sea­sons. Provided nevertheless, That such Ferry-man or Ferry-men shall not be obliged to put off from their respective Shoars, 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 [...] or that in the Winter the Ice do hinder the passing of any Boat [...] the said Ferry.

And be it further Enacted by the Authority aforesaid, That when and so often as it shall happen,At Charlstown 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.

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

WHEREAS it is provided in and by the said Act, That if any person Chosen to the Office of Tything-man, 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 the Goods of such Persons can be found to [...] for the same.

Be it therefore Enacted and Declared by the Lieutenant Governour, Council and Representatives in General Court Assembled, Persons cho­sen to the Office of Tything-men to be [...], where no Goods can be found [...] and by the Authority of the same, 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 Seiz 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.

An Act Relating to Town Rates or Assessments.

WHEREAS divers Constables and Collectors of Town Rates or As­sessments are defective and n [...]gligent 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 [...]n General Court [...]ssembled, 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 de [...]reying of Town Charges, orderly made and committed unto them to collect 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,Constables or Collect­ors of Town Rates not is­suing their accompts thereof by the time prefixt in their war­rants to be liable to Suit. 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 Impowring Justices of the Peace to decide Differences not exceeding Forty Shillings.

BE it Enacted and Ordained by the Lieutenant Governour, Coun­cil and Representatives Convened in General Assembly, and it is hereby Enacted and 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,Justices of the Peace to grant Sum­mons, Capias or Attach­ment for matters trya­ble before them. tryed, 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, [Page 97] the Justice shall be paid One Shilling, and the Officer for Serving the same, One Shilling and no more: And in case of Non-appearance upon Summons duly 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,Fee for a Writ and Serving. as well to answer the said Contempt, as the Plaintiffs Action, and may (if he see cause) fine such Con [...]temner, not exceeding Ten Shillings, to be accounted for to the Treasurer of the County towards defreying 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 aforesaid, to levy the said Fine, Debt or Damage, with Charges upon the Defendants Goods or Chattels.Fine for Contempt in not appear­ing upon Summons. And such Officer by virtue thereof shall expose the same to Sale, returning the O­verplus (i [...] any be) to the Defendant, and for want of such Distre [...] to take the Body of the Defendant, and him to carry and co [...]vey [...] the Common Goal of the County or Precinct, there to remain [...] he [...] 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 h [...]reby Impowred to assess to the Defendant re [...]sonable Costs against such Complainant,Writs to be Served seven days before Tryal. to be levied and recovered in manner and form above ex­pr [...]ssed.

Provided always, That all Summons, Capias or Attachment before such Ju­stice of the Peace, shall be served and executed at least seven days before the time of Tryal or Hearing.Party agrie­ved to ap­peal to the Inferiour Court.

Provided also, That the party agrieved shall have liberty to apppeal to the next Inferiour Court of Common Pleas to be holden for the same County, he [...]ntring 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,Party appea­ [...]ng to bring the whole case. where such case shall be tryed and receive a final Issue and Determination.

And the Party appealing shall bring the Copies of the whole Case to the Court appealed to, where each party shall be allowed the benefit of [...]ny fur­ther Plea or Evidence; and if upon such new Plea or Evidence the Judgment happen to be reversed,Reasons of [...]ppeal to be given in se­ven days before the Tryal. the Appellant shall have no Costs granted for the fir [...] Tryal, and such Appellant shall also give in the reasons of his Appeal unto the Justice appealed from, in Writing seven days 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, Clerks of Towns to grant Reple­vin, &c. That the Cl [...]rk 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, 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 ascertaining the value of Coynes currant within this Province.

WHEREAS for many years [...] the Money Coy [...]d in the late Massachusetts Colony, hath passed curr [...]nt at the rate or va­lue it was st [...]pt for, and good Sevil Pillar or Mexico pi [...]ces of Eight of full seventeen [...] weight, have also passed curr [...]t at Six Shillings per piece, & half pieces of proportionable weight pro rato, quarter pieces of the same Coyn at [...] pence per piece, and [...] of [...] same Coyn at Eight-pence per piece.

Be it therefore Enacted and Declared by the Lieutenant Governour▪ Council and Representatives Convened in General Assembly, and by the Authority of the same. That all and every the Coynes before-mention­ed, shall still be and [...] currant Money within this Province, and shall be accepted taken and [...]eceived at the respective values aforesaid, according as hath heretofore been accustomed.

Provided always, That such of the said Coynes as pass by tale, be not di­minished by Washing, Clipping, Rounding, F [...]ling or Scaling.

An Act against Murder.

BE it Enacted by the Lieutenant Governour, Council and Repre­sentatives in General Court Assembled, and by the Authority of the same ▪ That whosoever shall comm [...]t wilful Murder upon premeditated Malice or Hatred, and be thereof convi [...]ed, the per­son or persons [...] [...]ending shall be put to Death.

An Act against Ravishment or Rape.

BE it Enacted by the Lieutenant Governour, Counc [...]l and Repre­sentatives in General Court Assembled, and by the Authority of the same ▪ That if any man shall Ravish any Woman committing Carnal Copulation with her by Force against her will. Or if any man shall unlawfully and carnally know and abuse any Woman Child under the age of Ten Years, every person and person [...] offending in either of the ca­ses before mentioned, bei [...] thereof convicted, shall be accounted Felons, and shall be adjudged to suff [...]r the pains of Death as in cases of Felony.

An Act for the punishment of Buggery▪

FOR avoiding of the detestable and abominable Sin of Buggery with Mankind or Beast, which is contrary to the very Light of nature.

Be it Enacted and Declared by the Lieutenant Governour, Council and Represen [...]tives in General Court Assembled, and by the Authori­ty of the same. At is Enacted, That the same Offence be adjudged Felo­ny, and such Order and Form of Process therein to be used against the Of­fenders as in cases of Felony. And that every man being duly convicted of lying with mankind as he lye [...]h with a Woman. And every man or woman that shall have carnal copulation with any Beast or bruit Creature, the Offen­der and Offenders in either of the cases before-mentioned, shall suffer the pains of Death, and the Beast shall be Slain and Burned.

An Act against Atheism and Blasphemy.

BE it Declared and Enacted by the Lieutenant Governour, Coun­cil and Representatives Convened in General Court or Assembly, and it is Enacted by the Authority of the same, That if any person shall presume wilfully to Blaspheme the Holy Name of God; Father, Son, or Holy Ghost; either by Denying, Cursing, or Reproaching the true God; his Creation, or Government of the World: Or by Denying, Cursing, or Reproaching the Holy Word of God; that is the Canonical Scriptures contained in the Books of the Old and New Testament; Namely, GENESIS, Exodus, Leviticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, Samuel, Samuel, Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah, Esther, Job, Psalms, Proverbs, Ecclesiastes, The Song of Solo­mon, Isaiah, Jeremiah, Lamentations, Ezekiel, Daniel, Hosea, Joel, Amos, Oba­diah, Jonah, Michah, Nahum, Habbakkuk, Zephaniah, Haggai, Zechariah, Ma­lachi: MATTHEW, Mark, Luke, John, Acts, Romans, Corinthians, Corinthians, Galatians, Ephesians, Philippians, Colossians, Thessalonians, Thessalonians, Timothie, Timothie, Titus, Philemon, Hebrews, James, Peter, Peter, John, John, John, Jude, Revelation: Every one so offending shall be punished by imprison­ment, not exceeding six months, and until they find Sureties for the good Behaviour, by setting in the Pillory, by Whipping, boaring thorow the Tongue, with a red hot Iron, or setting upon the Gallows with a Rope about their neck; at the discretion of the Court of Assize, and Gene­ral Goal Delivery, before which the Tryal shall be; according to the Circumstances, which may aggravate or alleviate the Offence. Provided that not more than two of the fore-mentioned Punishments shall be in­flicted for one and the same Fact.

An Act for Registring of Deeds and Conveyances.

FOR the prevention of Clandestine and uncertain Sales of Houses and Lands. And to the intent it may be the better known what right, title or interest persons have in or to such Estates as they shall offer to Sale.

Be it Enacted and Declared by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That henceforth all Deeds or Con­veyances of any Houses or Lands within this Province,Deeds exe­cuted by signing, s [...]al­ing acknow­ledgment & Record to be valid. Signed and Sealed by the Party or Parties granting the same, having good and lawful right or authority thereto, and acknowledged by such Granter or Granters before a Justice of the Peace, and Recorded at length in the Registry of the County where such Houses or Lands do ly, shall be valid to pass the same without any other Act or Ceremony in the Law whatsoever.

[Page 100] No Bargain Sale, &c. made three months next after this Act to be good against any but the granter, with­out being ac­knowledged & R [...]rded. Proof of a Deed by wit­nesses, in case to be equiva­lent to Ac­knowledg­ment.And that from and after three months next after Publication of this Act▪ no Bargain, Sale, Mortage or other Conveyance of Houses or Lands made and executed within this Province, shall be good and effectual in Law to hold such Houses or Lands against any other person or persons, but the Granter or Granters, and their Heirs only, unless the Deed or Deeds thereof be ac­knowledged and recorded in manner as is [...] expressed. Provided never­theless that when and so often as it shall happen any Granter to live in [...] beyond Sea, or to be removed out of this Province, or to be dead before any Deed or Conveyance by him or her [...], [...]e acknowledged as aforesaid, in every such case, the proof of such Deed or Conveyance made by the Oaths of two of the Witnesses thereto Subscribed, before any Court of Record with­in this Province, shall be equivalent to the Parties own Acknowledgment th [...]eof.

And be it further Enacted by the Authority aforesaid, That if any Granter or Vender of any Houses or Lands shall [...]efuse to acknowledge as is aforesaid, any Grant, Bargain, Sale or Mortgage by him or her Signed and Sealed, being thereunto required by the Grantee or Vendee, his, her or their Heirs or Assigns. It shall be lawful for any Justice of the [...] within the County where such Granter or Vender lives,Penalty for persons refu­sing to ac­knowledge their Deeds. upon complaint made, to send for the Party so refusing, and if he or she persist in such Re [...] ­sal, to commit him or her to Prison without Bai [...] or Mainprize, until such Party shall acknowledge the same. It being first made appear and proved to be the Act and Deed of the same Party by the Oath of one or more of the Witnesses thereto Subscribed; and such Grantee or Vendee filing a Co [...]y of his Deed so proved in the Registers Office, [...] thereby se [...]re his Ti [...]l [...] in the mean time, and the same shall be accou [...]d sufficient caution to every other person and persons against purchasing the Estate in such Deed mention­ed to be granted.

Provided, That nothing in this Act shall be construed, deemed or extended to bar any Widow of any Vender or Mortgager of Lands or Tenements from her Dower or Right in or to such Lands or Tenements;Saving for Dower: who did not legally joyn with her Husband in such Sale or Mortgage, or otherwise law­fully bar or exclude her self from such her Dower or Right.

And it is further Enacted by the Authority aforesaid, That any Mort­gagee of any Lands or Tenements, his or her Heirs, Executors or Admini­strators having received full satisfaction and payment of all such Sum and Sums of money as are really due to him by such Mortgage,How Mort­gag [...] shall be discharged shall at the re­quest of the Mortgager, his Heirs, Executors or Administrators acknowledge and cause such satisfaction and payment to be Entred in the Margen [...] of the Record of such Mortgage in the Registers Office, and shall sign the same, which shall for ever thereafter discharge, defeat and release such Mortgage, and perpetually bar all Actions to be brought thereupon in any Court of Record. And if such Mortgagee his or her Heirs, Executors or Administra­tors shall not within ten days next after request in that behalf made, and [...] ­der of his, her or their reasonable charges, repair to the Registers Office, and there make and sign such Acknowledgment as aforesaid, or otherwise sign and seal a discharge of the said Mortgage, and release and quit claim to the Estate therein mentioned to be granted, and acknowledge the same before a Justice of Peace; he, she or they so refusing, shall be liable to make good all damages for want of such discharge or Release: to be recovered by Action or Suit in any Court of Record. And in case Judgment pass against the Party so Sued, he, she or they so cast, shall pay unto the adverse party treble costs arising upon such Suit.

And be it further Enacted and Declared by the Authority aforesaid, That the Clerk of the Inferiour Court of Pleas in each respective County [Page 101] shall also be the Register of Deeds and Conveyances,Clerk of the Inferiour Court to be Register of Deeds. and shall fairly enter & record at length all Deeds, Conveyances and Mortgages of any Lands, Tene­ments, Rents or other Hereditaments, lying and being within the same County, made, executed, acknowledged or proved in manner as is aforesaid, which shall be brought to him to Record; and shall on Receipt thereof into the Of­fice note thereupon the day, month and year when he received the same, and the Record shall bear the same date. And every such Register before he ex­ecute the said Office, shall be Sworn before one or more of the Justices of such Court, well, truly and faithfully to execute the same.to be Sworn. And it shall and may be lawful to and for every Register aforesaid, to ask and receive for entring and recording any Deed, Conveyance or Mortgage,Registers Fees. Twelve pence for the first page, and Eight pence a page for so many pages more as it shall contain, and no more, accounting after the rate of twenty eight lines, of eight words in a line to each page, and proportionably for so much more as shall be under a page, and Six-pence for his attestation on the Original of the Time, Book and Folio where it is Recorded, and for discharge of a Mortgage as aforesaid,Deeds Exe­cuted according to for­mer Laws and usage valid. One Shilling, and no more.

And be it further Enacted and Declared by the Authority aforesaid, That all Deeds of Bargain, Sale or Mortgage heretofore made and executed, according to former Laws and Usage, shall be valid and effectual.

An Act of Limitation for Quieting of Possessions.

WHEREAS a good and beneficial Act was made by the late Gover­nour and Company of the Colony of the Massachusetts Bay, in the Year of our Lord God, One Thousand Six Hundred Fifty Seven, in the words following. That is to say,

That any person or persons that hath either himself or by his Grantees or Assigns before the Law made for direction about Inheritances, bearing date October the Nineteenth, One Thousand Six Hundred Fifty and Two, possessed and occupied a [...] his or their own proper right in Fee simple, any Houses or Lands within this Jurisdiction, and shall so continue, whether in their own persons, their Hei [...]s or Assigns, or by any other person or persons from, by or under them, without disturbance, lett, suit or denial legally made by having the Claim of any person thereto entred with the Recorder of the County where such Houses or Lands do lye, with the names of the persons so clai­ming, and the quantity, bounds of the Lands or Houses claimed, and such claim prosecuted to effect within the term of five years next after the twen­tieth of May, One Thousand Six Hundred and Fifty Seven. Every such Pro­prietor, their Heirs and Assigns shall for ever after enjoy the same without any lawful lett, suit, disturbance or denial by any after claim of any person or per­sons whatsoever, any Law or Custom to the contrary notwithstanding. Which afore-recited Act having by experience been found to be of great benefit and service to His Majesties Subjects within the said Colony, and prevented many contests and Law­suits which otherwise would have arisen by reason of a n [...]glect in many persons to observe a legal course and method for the passing and confirmation of Sales and Alienations.

And whereas sundry persons having a just and equitable Right and Title unto E­states in Housing or Lands, either acquired by purchase or otherwise accruing unto or settled upon them since the passing of the afore-recited Act, may want formal Con­veyances and assurances in the Law for the same, or the Deeds, Instruments or other Writings concerning such Estates may be defective or imperfectly made and [Page 102] executed, whereby such persons may be in danger of being deprived and evicted out of their ho [...]est and just Rights and Possessions.

For prevention whereof, and for the further quieting of Possessions and Setling of Titles.

Be it Enacted and Declared by the Lieutenant Governour, Council and Representatives in General Court Assembled, Quiet Posses­sion from the first of Octobe. 1692 until the first of October 1704. to give a Right. and by the Authori­ty of the same, That every person and persons who were possessed in his and their own proper right of any Houses or Lands within this Province upon the first day of October, in the year of our Lord God, One Thousand Six Hundred Ninety Two, and all others deriving from, by or under him or them, continuing the possession of such Houses or Lands until the first day of October, which will be in the year of our Lord God, One Thousand Seven Hundred and Four, without molestation or disturbance by claim made there­to, and action brought and prosecuted for the same with effect, shall by virtue of such possession have, hold and enjoy such Houses or Lands unto him or them, his and their Heirs and Assigns for ever in Fee. And all Actions and Process to be thereafter brought for the same, are hereby excluded and for ever debarted.

Saving for the Kings Right. Provided always, That there shall be a Saving of His Majesties Rights, and all publick Lands belonging to the Province, not orderly disposed of.

Provided [...], That this Act shall not be understood to bar the Title of any Infant, Feme Covert, or person Non Compos m [...]tis, Imprisoned or in Captivity, who shall be allowed the term of seven years next after such Imperfection removed to pursue their Claim or Challenge to any Houses or Lands,Other Sa­vings. where­in they have Int [...]est or Title: And the like time of seven years shall be al­lowed to persons having an Estate in reversion in any Houses or Lands, from the time such reversion falls, to recover their Right, and persons beyond Sea shall be allowed the term of ten years from the publication of this Act to pursue their claim or challenge to any Houses or Lands as aforesaid.

And forasmuch as divers Towns and Settlements in the Eastern Parts of this Pro­vince have been deserted and broken up by reason of the Rebellion and War made by the Indians, Five years time allowed from & after the ending of the War with the Indians, to lay claim to Lands ly­ing to the Eastward of Piscataqua River, & in other the Frontiers. and sundry persons in other the Frontier Towns, particularly Enumerated in an Act of the General Assembly, have by means thereof been driven from their Habitations and Improvements.

Be it therfore further Provided and Declared by the Authority a­foresaid, That the Limitation of time for the continuance of Possession by this Act prefixed, shall not extend or be understood to extend unto any Hou­ses or Lands lying to the Eastward of Piscataqua River, or in other the Fron­tiers, but the same time shall be, and hereby is enlarged and lengthened out for the space o [...] five years next after the ending of the War with the Indians, during which space all persons may pursue their right and claim to any Hou­ses and Lands lying in those parts and places and every of them. And that no person or persons pretending right or title in or to any Lands lying with­in this Province purchased of any Indian or Indians,Lands pur­chas'd of In­dians with­out orderly allowance, &c not con­firmed by this Act. without orderly allow­ance and confirmation thereof had, according to former Laws and Usage of the several late Colonies of Massachusetts and New-Plimouth, and Province of Main respectively, shall have or receive any benefit by this Act with reference to such Lands.

An Act to prevent Incroachments upon High-Wayes, Streets, &c.

FORASMUCH as divers Incumbrances and Incroachments have been made in and upon the Common Roads, High waye [...] and Streets heretofore Laid out in several Towns within this Province.

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 henceforth no Edifice, Building or Fence whatsoever, shall be Raised, Erected, Built or Set up in, upon or over any of the said Roads, High Ways, Streets, Lanes or Alleys, in any Town within this Province, or any part of any of them, whereby to streighten the passage, or any ways lessen the full breadth of any such Roads, High-Ways, Streets, Lanes or Al­leys; and if any Edifice, Building or Fence whatsoever shall be Raised, E­rected, Built or Set up, upon, in or over any such Road, High-way, Street or Alley, contrary hereunto, every such Edifice, Building or Fence shall be dee­med and held to be a common Nusance; and the Court of General Sessions of the Peace for the County, in which such Town doth lye, upon complaint, and making out the same before them, are hereby Impowred to order and cause such Edifice, Building or Fence to be taken down, demolished and re­moved, and also to cause to be removed all such Incroachments, or Incum­brances as heretofore have been made, upon, in or over any common Road, High-way or Street as aforesaid, and the Charge thereof to be answered and paid by disposing of so much of the Materials, as shall be necessary to satis­fie the same.

Provided nevertheless, That this Act shall not be intended or construed to intend the prohibiting of the setting up of any Conduit, Watch house, Cage or Stocks, for publick use in or upon any High-way or Street within any Town.

An Act for Regulating of Tanners, Curriers, and Cordwainers.

FOR the better preventing of Deceits and Abuses by Tanners, Curriers, and Dres­sers, o [...] Workers up of Leather.

Be it Enacted by the Lieutenant Governour, Council and Repre­sentatives in General Court Assembled, and by the Authority of the same, No Butcher, Curryer or Shoemak [...]r, to be a Tanner. That no person or persons whatsoever using or occupying the Feat or Mystery of a Butcher, Currier or Shoe-maker, by himself or any o­ther, shall use or exercise the Feat or Mystery of a Tanner, on pain of the [Page 106] forfeiture of Six Shillings and Eight-pence for every Hide or Skin by him or them so Tanned, whilst he or they shall use or occupy any of the Mysteries aforesaid. Nor shall any Tanner during his using the said Trade of Tanning by himself or any other, use or occupy the Feat or Mystery either of Butch­er,No Tanner to use the Trade of Butcher, Cur­rier or Shoe­maker. Currier or Shoe maker, upon pain of the like forfeiture as aforesaid. And no Butcher whatsoever by himself or any other person, shall gash or cut any Hide of Ox, Bull, Steer or Cow in fleaing thereof or otherwise, whereby the same shall be impaired or damaged, on pain of forfeiting Twelve-pence for every gash or cut in any such Hide or Skin.

And be it further Enacted by the Authority aforesaid, That no person or persons whatsoever using,No Tanner to offer or put to Sale any Leather insufficiently Tanned. or which shall use the Mystery or Faculty of Tanning, shall at any time or times hereafter, offer or put to Sale any kind of Leather which shall be insufficiently Tanned, or which hath been over limed, or burnt in the Limes, or which shall not have been after the Tanning thereof, well and throughly dried, or that shall not be Sealed as in and by this Act is hereafter directed, upon pain of forfeiting the whole Hide, half Hide or o [...]her piece of such Leather, so offered or put to Sale. And no person or persons whatsoever using, or that shall hereafter use the Mystery or Faculty of Tanning, shall set any of his or their Fatts in Tan hills or other places where the Woozes or Leather put to Tann in the same,No unkind heats to be used in Tan­ning. shall or may take a­ny unkind heats, nor shall put any Leather into any hot or warm Woozes whatsoever, on pain of forfeiting Twenty Pounds for every such Offence.

And be it further Enacted by the Authority aforesaid, That no person or persons whatsoever, using or occupying, or that shall hereafter use or occu­py the Mystery or Faculty of Currying,No Leather to be Curry­ed that is not Sealed. shall or may Curry any kind of Leather, except it be Sealed as is herein after provided, nor shall curry any Hide being not throughly, dried after his wet season, in which wet season he shall not use any stale Urine, or any other deceitful or subtile mixture, thing, way or means to corrupt or hurt the same, nor shall curry a­ny Leather meet for outer Soal Leather with any other than good hard Tal­low, nor with any less of that than the Leather will receive, nor shall curry any kind of Leather meet for upper Leather and inward Soales, [...] with good and sufficient stuff,Penalty on Curriers for marring or hurting any hide by evil workman­ship. being fresh and not salt, and throughly Liquored till it will recive no more, nor shall burn or scald any Hide or Leather in the currying, but shall work the same sufficiently in all points and re­spects: On pain of forfeiting for every such Offence or Act done con­trary to the true intent and meaning hereof, every such Hide marred or hurt by his evil Workmanship or Handling.

And be it further Enacted by the Authority aforesaid; That no person or persons using or that shall hereafter use or occupy the Mystery or Faculty of a Shoe maker or Cordwainer,Penalty on Shoe-makers for working up insufficient Leather. shall work up into Shoes, Boots, or other Wares, any Leather that is not Tanned and Curried in manner as aforesaid, nor shall use any Leather made of Horses Hide for the inner Soales of any such Shoes or Boots, on pain of forfeiting all such Shoes, Boots, or other Wares made or wrought up of such insufficient Leather.

And for the more Effectual Execution of this Act.

All Leather to be Sealed before it pass out of the possession of Tanners or Curriers. Be it Enacted by the Authority aforesaid, That all Leather that is or shall hereafter be Tanned or Curryed, shall before the same pass out of the Tanners or Curriers Yard, House or place respectively where it was wrought, be viewed by the Sworn Searchers and Sealers of Leather by Law directed to be annually Chosen in such Towns where there shall be need, who shall have two several Marks or Seals, to be prepared by each Town for that pur­pose, [Page 107] with one of which they shall Seal all such Leather as they shall find well and sufficiently Tanned in all respects as aforesaid, and with the other, all such Leather as they shall find well and sufficiently Curried as is before men­tioned, and no o [...]her. And the said Searchers and Sealers shall, and hereby are Authorized and Impowred Ex Officio, Sealers ex Officio to search and view Lea­ther. to make search and view in any House, Shop, Warehouse or other place within the limits of their respective Precincts where they conceive any Leather to be, whether wrought into Shoes, Boots, or other Wares, or not, as oft as they shall think meet, or as there shall be need. And if the said Searchers and Sealers, or any of them, shall find any Leather sold or offered to be sold, brought or offered to be Searched and Sealed which shall be Tanned, Curried, handled or used con­trary to the true intent and meaning of this Act: Or shall find any Leather in whole Sides out of the possession of a Tanner, not being Sealed with the Mark or Seal to be used for Leather only Tanned, or out of the possession of a Currier not being Sealed with the Mark or Seal to be used for Leather when Curried: In every such case it shall and may be lawful for the said Searchers and Sealers, or any of them, to seiz all such insufficient or unsealed Leather, whether it be wrought up into Wares or not. And if the Owner or Claimer thereof shall not submit to the Judgment of the Officer or Officers that seized the same,To seiz all insufficient or unsealed Leather. such Officer or Officers shall retain such Leather in his or their Custody, until Tryal thereof be had as is hereafter directed, and Judgment thereon given. And in such case the said Officer or Officers shall within three days next after such Seizure, inform some Justice of the Peace thereof, who shall thereupon appoint four or six men, honest and skilful in Leather, to view the same in the presence of the Owner or Claimer, or without him (if having notice) he does not appear,Tryors to be appoint­ed. and to report unto him upon their Oaths the defects which they find in said Leather: Which Report such Justice shall return unto the Court or Justice respectively before whom the Tryal of said Leather shall be. But in case the said Viewers shall report that they do not find such Leather or Wares so Seized in any respect defective accor­ding to the intent of this Act, the Justice that appointed such Viewers shall cause the same to be forthwith discharged from the Seizure made by such Officer or Officers.

And be it further Enacted by the Authority aforesaid, That no per­son or persons whatsoever shall or may withstand or resist the Searchers and Sealers in the due Execution of their Office, nor in the Seizing of any insuf­ficient Leather or Wares,Penalty for resisting the Searchers. on pain of forfeiting the Sum of Five Pounds for every such Offence. And the Fee for Searching and Sealing of Leather shall be One Penny Per Hide for any parcel less than five, and for all other parcels, after the rate of Six pence per Dickar; which Fee the Tanner and Currier re­spectively shall pay upon Sealing of the said Leather from time to time;Fee for Sealing. and shall also pay Three pence per Mile for every Mile any Sealer or Searcher shall travel above one, for which he is not to be allowed any thing.

And no Sealer or Searcher of Leather shall refuse within convenient [...]me to do his Office, or shall allow any Leather or Wares which are not sufficient,Penalty on Sealers for neglect of Duty. on pain of forfeiting Forty Shillings, nor shall take any bribe, or exact more than his due Fees, on pain of forfeiting the Sum of Ten Pounds for every such Offence.

And be it further Enacted by the Authority aforesaid, That all Fines Penalties and Forfeitures that shall arise and grow due by virtue of this Act or any Clause therein contained,Fines and Forfeitures how to be disposed. shall accrue and be disposed of in manner following, viz. one third part thereof to the Treasurer of the County where the Offence is committed, for the defreying of County Charges, one third part thereof to the Treasurer or Select-men of the Town where the Of­fender inhabiteth, to the use of the Poor of such Town, and the other third [Page 108] part to the Seizer or Seizers of such insufficient Leather, or to him or them that shall inform and sue for the said Fines, Penalties or Forfeiture, to be re­covered by Action, Bill, Plaint or Information in any Inferiour Court of Common Pleas, or before any Justice of Peace, when the matter doth not exceed the value of Forty Shillings.

And be it further Enacted by the Authority aforesaid, That when and so often as any Leather belonging to any Tanner or other person shall be Seized and become forfeit for any defect of the Currier in his Workman­ship about or handling of the same, such Currier? shall be liable to make good unto the Tanner or other Owner of such Leather so seized and forfeited,Curriers lia­ble to make good the va­lue of all Leather seiz­ed for i'l workman­ship. the full value thereof, with his just costs and damages, to be recovered by Action to be therefore brought against such Currier in any Inferiour Court of Com­mon Pleas, or before any Justice of Peace, if the value exceed not Forty Shil­lings: For the better ascertaining of which value, the persons to be appoint­ed as aforesaid for viewing the defects in Leather, shall (when the same is seized for being marred or spoyled by the Currier) through his ill Work­manship or handling, be also appointed to estimate and judge the value there­of, and make report of the same together with the defects.

An Act for Establishing the Form of the Writ and Precept, for calling a Great and General Court or Assembly.

BE it Enacted and Ordained by the Lieutenant Governour, Council and Representatives, Convened in General Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That the Writ to be at any time hereafter issued by the Governour or Commander in Chief of this Province, for calling a Great and General Court or Assembly, as also the Precept to be issued by the Sheriff or Marshal in Observance thereof, to the Select-men of the several Towns, and their Return thereupon (when any person or persons shall be chosen to re­present them in said Court) shall be in the Forms following. That is to say,

An Act for the Establishing of Precedents and Forms of Writs and Processes in Civil Causes.

BE it Enacted and Ordained by the Lieutenant Governour, Council and Representatives, Convened in General Assem­bly and it is hereby Enacted and Ordained by the Autho­rity of the same, That the several Forms of Writs and Processes in Civil Causes here under-written, be, and hereby are Established to be the Forms which the respective Officers that are or shall be appointed to grant the same, shall observe and use.

That is to say,

[Page 111]

The like Form of a Replevin to be observed for matters cognizeable be­fore a Justice of Peace, Mutatis mutandis.

[Page 116]

And the like Form of a Warrant shall be used for the Collecting of County Rates or Assessments, M [...]tatis mutandis.

And be it further Enacted, That when the Officer appointed for Col­lecting any Rates by virtue of such Warrant as aforesaid,Copy of the Warrant to be left with the keeper when any persons are imprisoned by virtue thereof. shall Seiz the Body of any person or persons for want of Goods or Chattels whereon to make distress, and shall commit him or them to Prison. A Copy of said War­rant wi [...]h the Sum or Sums such person or persons are to pay, Sign'd by the said Officer, shall be a sufficient Warrant for the Goaler to receive and hold such person or persons, until he or they shall pay the said Rate, and his or their Charges of Imprisonment, with One Shilling for the Copy of said War­rant.

And be it further Enacted by the Authority aforesaid, That every person bringing a Writ of Error for the removal of any Case out of the Inferiour Court of Common Pleas for another hearing and Tryal in the Superiour Court of Judicature,Proceedings upon a Writ of Error. shall assign the Errors in the proceedings and Judgment given in the Inferiour Court, in writing under his own or Attor­neys Hand, and file the same in the Clerks Office of such Inferiour Court, fourteen days inclusive before the Sitting of the Superiour Court, at which the Case is to be heard, to the intent the adverse party may have a Copy there­of (if desired) And shall also cause him to be notified of the said Writ of Error, and Served with Summons out of the Clerks Office of the Superiour Court, by the like space of fourteen days to appear and defend the said Suit: And the party taking out such Writ of Error, shall at his own Cost and Charge cause the Record and Proce [...] of the Case in the Inferiour Court, and all the proceedings thereon, together with the Errors assigned therein, to be Certified unto the Superiour Court of Judicature; which cost and charge shall be repaid by the Defendant if upon such Tryal the Judgment given in the Inferiour Court be reversed.

[Page 117] And it is further Declared and Enacted, Clerks of Courts to grant an alias Execution ex Officio, upon return of the f [...]mer Exe­cution being satisfyed in part only. Costs to be allowed a­gainst per­sons discon­tinuing their Suit or be­coming non­suit. Writs out of the Superiour Court to bear the test of the chief Justice. Writs out of the Inferiour Court to bear the test of the first Justice na­med in the Commission. That where any Execution shall be returned satisfied in part only, the Officer who granted the same▪ may Ex Officio renew or make out an alias Execution for the Remainder; Provi­ded it be done within the space of twelve months next after Judgment given, without a Scire Facias being Sued forth by the party that recovered the Judgment.

And be it further Enacted by the Authority aforesaid, That whosoever shall cause Process to be Served upon any person or persons on pretence of Debt, Trespass or other matter or cause, and discontinue his or their Suit▪ or be Non-Suited, the person or persons on whom Process shall be so Served, making it appear to the Justices of the Court where such Process is returnable, shall be allowed his or their reasonable Costs and Charges.

And all Writs, as well Original as Judicial issuing out of the Clerks Office of the Superiour Court of Judicature shall bear the Test of the Chief Justice, and upon any vacancy of such Chief Justice, then of the Senior Justice of the said Court for the time being. And all Writs as well Original as Judici­al issuing out of the Clerks Office of the several Inferiour Courts of Com­mon Pleas, shall bear the Test of the first Justice named in the Commission for holding of said Court; And upon any vacancy by his death or removal then of the next Justice in such Commission named for the time being.

Any Law, Usage or Custom to the contrary of any thing herein before contained notwithstanding.

An Act for providing of Pounds, and to prevent Rescous and Pound breach.

BE it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Autho­rity of the same, That there shall be a sufficient Pound or Pounds made and maintained from time to time in every Town and Precinct within this Province, in such part or places thereof,Each Town to maintain a sufficient Pound. as the Select men shall direct and appoint, at the cost and charge of such Town or Precinct, for the impounding and restraining of all Swine, Cattle or Sheep, liable to be impounded or restrained, for any of the causes herein after mentioned.

And that it shall and may be lawful to and for any other person or persons as well as the Hawards or Field drivers, to take up,For what causes Cattle &c. to be impounded. and impound or cause to be impounded, any Swine, Neat Cattle, Horses or Sheep, as shall be found damage feasant in any Corn-field, or other inclosure; or Swine found unvoked or unringed; Neat Cattle, Horses or Sheep going upon the Com­mon, not allowed to seed there by the major part of the Propriety, who are impowred to permit the same; any Law to the contrary notwithstanding. And the Owners or Claimers of any such Creatures impounded as aforesaid, shall pay the Fees set in and by an Act Entituled, An Act, For Regulating of Fences, Cattle, &c. unto the Pound keeper, before they be delivered out of Pound, as also the Fee to the party impounding and damage to the party in­jured, unless such Owner or Claimer shall think fit to Replevie his Creatures impounded, and give sufficient Bond with one or more Sureties to prosecute his Replevin with effect in Law, either before a Justice of the Peace, within fifteen days inclusive from the date of such Replevin, or at the next Infe­riour Court of Common Pleas to be holden within the same County, according to the value of the damages alledged to be suffered, and to pay all such costs and damages as shall be awarded against him.

[Page 118] The Owner of Creatures impounded, to be notifi­ed thereof (if known) if not the Creatures to be cryed & posted up.And every person impounding any Swine, Neat Cattle, Horses or Sheep, shall give present notice thereof unto the Owner, if known, or leave a Notification thereof in writing at his house or place of usual abode, or if unknown, shall cause the same to be publickly cryed, or posted up in some publick place in such Town, and in the two next Neighbouring Towns, from whence it may be most likely such Creatures came. And shall also cause the Creatures so impounded, to be relieved with suitable meat and water, the charge whereof shall be paid by the Owner or Owners, as also of the crying of them after the rate of Three-pence Per Head, for a number not exceeding Twelve, and no more than Three Shillings for a greater number. And if no Owner or Claimer appear within the space of three days next after the impounding of any such Creatures,Fee for crying. then the person or persons so restraining of them shall proceed with them as the Law provides respecting Strays.after three days to be proceeded with as strays.

And be it further Enacted by the Authority aforesaid, That if any person or persons shall Rescue any Swine, Neat Cattle, Horses or Sheep ta­ken up as aforesaid, out of the hands of the Haward or other person being about to drive them to the Pound, whereby the party injured may be liable to lose his damages, and the Law be eluded, the party so offending, shall for such Rescous,Penalty for a Rescous. forfeit and pay the Sum of Forty Shillings to the use of the poor of the Town or Precinct where the Offence is committed; besides all just damages unto the party injured, to be recovered by Action, Bill, Plaint or Information in any of His Majesties Courts of Record. And if any person or persons shall make any Pound breach, or by any other indirect ways or means how­soever, convey or deliver any Creatures impounded out of the Pound, the party so offending being duly convicted thereof, shall forfeit and pay the Sum of Five Pounds to the use of the Poor of the Town or Precinct where the Offence is committed,Penalty for pound breach. as also all just damages to the party injured by such Creatures to be had and recovered in manner as aforesaid. And if such Rescous Pound breach or conveying of Creatures out of the Pound happen to be committed by any Apprentices or persons under Age, not having of their own wherewith to satisfie the Law, and their Parents or Masters refuse to pay the Fine and Damages which the Law in such case does inflict. It shall and may be lawful to and for the Justices before whom such Action or Plaint shall be depending,Committed by appren­tices or per­sons under age, how to be punished. upon a due conviction of the person or persons complained of, and prosecuted for such Offence, to Commit him or them to the next Goal in the County where the Offence is done, there to remain­ [...]i [...] Satisfaction be made as above-said: Or otherwise may punish such Offen­der by Imprisonment, not exceeding sixty dayes, in lieu of the Fine, and leave the party injured to his remedy at Law, to recover his damage of the Parent or Master of such Child or Apprentice; which such Parent or Ma­ster respectively shall be liable to have recovered of him upon Action to be therefore brought, and Execution to be accordingly awarded upon Judgment given in that respect.

And be it further Enacted by the Authority aforesaid, That when and so often as any Trespass or Trespasses shall be done in common or gene­ral Fields,Trespass done in com­mon or ge­neral Fields. not being sufficiently Fenced in as the Law directs, the party in­jured shall forthwith procure two sufficient persons of good repute and credit, to view and adjudge of the damage done, giving notice of such Tres­pass unto the Owner or Claimer of the Beast or Cattle that did the same (if known and resident in the same Town or near by) that he may be present; and nominate one of the Apprizers if he see cause, and the da­mage to be answered according to such Estimation.The Owner of defective Fence to make good damages.

And where damage happens through the insufficiency of the Fence, the Owner or Occupier of the Land to which the defective Fence belongs, shall be liable to answer and make good all such Damage.

An Act for preventing of Trespasses.

BE it Enacted by the Lieutenant Governour, Council and Re­presentatives in General Court Assembled, and by the Autho­rity of the same, Robbers of Orchards, Gardens, &c. how to be punished. That all and every person and persons which shall unlawfully cut or take away any Grass, Corn or Grain, grow­ing, or rob any Orchard or Garden, or break or cut, pull down or remove any Hedge, Pale, Rail or Fence, or that shall hurt or digg, or pull up, or take away any Grafts or Fruit Trees, and their Procurers or Receivers know­ing the same, being thereof convict by confession of the party, or by the testimony of sufficient Witnesses upon Oath before any Court, or any one Justice of the Peace in the County where the Offence shall be committed, shall pay unto the party injured, such recompence as by the Court or Justice before whom the Trespass is found shall be awarded.

And be it further Enacted by the Authority aforesaid, Penalty for cutting or carrying of any Trees, Wood, &c. from off a­nother mans Land, or off the common. That if any person or persons shall cut or carry off any manner of Wood, Underwood, Timber, Poles, or Trees standing, lying or growing on the Land of any others, or off or from the Commons of any Town, other than that to which he doth belong, or within the same Town, having no right or priviledge there, without leave or licence from the major part of the Propriety of such Commons, or the Owner or Owners of the Land whereon such Wood, Un­derwood, Timber, Poles or Trees were standing, lying or growing: Every person so offending, shall forfeit and pay unto the party or parties injured or trespassed upon, the Sum of Twenty Shillings for every Tree of one foot o­ver, and Ten Shillings for every Tree or Pole under that bigness, and for other Wood or Underwood treble the value thereof; to be recovered by Action, Bill, Plaint or Information before any Justice of the Peace in the County where the Offence is committed, if the forfeiture exceed not Forty Shillings, but if it be above that value, then before the Inferiour Court of Common Pleas within the same County.Forfeiture upon a se­cond con­viction. And if any person shall be convict of such Offence a second time, he shall forfeit and pay to the use of the poor of the Town where the Offence is committed, the Sum of Twenty Shillings, or suffer one months Imprisonment over and above the forfeiture above-said, or damages to the party injured.

And be it further Enacted by the Authority aforesaid, That if any Children or Servants shall offend against this Act in any of the particu­lars therein mentioned,Children or Servants of­fending a­gainst this Act, how punished. and their Parents or Masters refuse to answer the forfeiture or damage awarded against them, they shall be punished by Whipping, setting in the Stocks or Cage, or by Imprisonment, at the discretion of the Court or Justice before whom the prosecution shall be, according to the nature and degree of the Offence and circumstances aggravating.

And be it further Enacted by the Authority aforesaid, That when in Action of Trespass brought before a Justice of Peace,In action of Trespass be­fore a Justice of Peace, if the Defendant justifie on Plea of Title, the ca [...]se [...]o be remov [...]d, and bond given. the Defend [...]nt shall justify and demur upon plea of Title, a Record shall be made thereof, and the matter of Fact be taken pro confesso, and the party maki [...]g such Plea shall become bound with one or more Sureties by way of R [...]cogniscance unto the adverse party in a reasonable Sum, not exceeding Twenty Pounds; on condition that he shall pursue his Plea, and bring for­ward a Suit for a Tryal of his Title, at the next Inferiour Court of Common Pleas to be holden for the County in which such Trespass is [Page 120] alleadged to be done, and pay and satisfie all such damages and costs as by the said Court shall be awarded against him; which Recogniscance the Just­ice is hereby Impowred to require and take, and shall be paid for the same by the Reconuscer, Two Shillings, and One Shilling for Recording his plea, and at the Charge also of the same party shall certifie the Process and Record of such plea, together with the Recogniscance, unto the said Inferiour Court of Common Pleas. And if such Reconuscer shall neglect to bring forward such Suit at the Inferiour Court according to the tenour of his Recogni­scance, the default shall be Recorded, and a Writ of Scire Facias be issued out of the Clerk's Office of the same Court, in manner as by Law is directed for the recovery of the Sum or penalty in the Recogniscance mentioned of him, his Surety or Sureties. Or if upon Tryal before the said Court he shall not make out a Title to the Land or Tenement on which the Trespass is laid to be done paramount to the possession or other Title of the adverse par­ty,Upon neg­lect or refu­sal to give bond, the case to pro­ceed. Judgment shall be rendred for the party trespassed upon, for treble dama­ges and costs of Suit. But if the Defendant in Trespass justifying on plea of Title shall refuse or neglect to become bound in manner as aforesaid, then his plea shall abate, and the Justice notwithstanding the same shall proceed to try the cause, and upon due proof of the Trespass committed by him shall award damages against him according to what shall be made out, and cost of Suit.

Breach of the Peace to be punished. And be it further Enacted, That if in the opening and pleading of any Action of Trespass there be disclosed and proved any breach of the Peace, the party or parties guilty thereof, shall be Fined to the King, or otherwise punished as the Law in such case provides.

An Act against Receiving of Stol'n Goods.

WHEREAS divers leud and evil minded persons for the sake of filthy Lucre, do frequently receive from Indians, Mola­to's, Negro's and other suspected persons, Money and Goods Stol'n, or obtained by other indirect and unlawful wayes and means, thereby Encouraging of Theft.

For Redress whereof,

Be it Declared and Enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Autho­rity of the same ▪ That every person whomsoever which shall presume ei­ther openly or privately, to buy or receive of or from any Indian, Molato or Negro Servant or Slave, or of other known, dissolute, leud and disorder­ly person, of whom there is just cause of suspicion, any Money, Goods, Wares, Merchandizes or Provisions: And it appear the same Money, Goods, Wares, Merchandizes or Provisions to have been Stol'n, gotten or obtained by any indirect or unlawful wayes or means;Persons re­ceiuing or buying Stol'n Goods &c▪ to make restitution. every per­son so offending, and being thereof convicted, shall be sentenced to re­store all such Money, Goods, Wares, Merchandizes or Provisions, unto the party injured in Specie (if not altered) and also forfeit to the said party the value thereof over and above; or double the value, where the same are disposed of or made away. And if the person so offend­ing be unable, or shall not make restitution as awarded, then to be openly Whip't with so many stripes, (not exceeding Twenty) as the Ju­stices or Court that may have Cognizance of the Offence shall order, or to make satisfaction by Service. And the Indian, Negro, Molato or [Page 121] other suspicious person as aforesaid of or from whom such Money, Goods, Wares, Merchandizes or Provisions shall be received or bought shall be pu­nished by Whipping, not exceeding Twenty Stripes,If unable to make restitu­tion to be corporally punish't. and be further prosecu­ted as the Law directs in case of Theft, unless where such Money, Good, or Provisions shall be taken from the Master of such person.

An Act relating to Stray's & lost Goods, &c.

BE it Enacted by the Lieutenant Governour▪ Council and Re­presentatives, Convei [...]ed in General Assembly, and by the Au­thority of the same, That whosoever shall find any Money or Goods lost, whereof the Owner is not known,Money or Goods found to be Entred with the Town-Clerk in 6 days af­ter finding. the finder within six days at the farthest▪ next after, shall give notice thereof in writing unto the Clerk of the Town in which they were found, to be entred in a Book to be kept for that purpose; and shall also cause the same to be Cryed by the Constable or publick Cryer in such Town, on three several days, at a Publick Meeting of the Inhabitants thereof; and to be Posted up in some publick place: And if the Money or Goods so found be of the value of Twenty Shillings or up­wards,to be cryed and posted. then to be Cryed and Posted up in like manner at the two next adj [...]cent Towns.

And be it further Enacted by the Authority aforesaid, That every per­son who shall find and take up any stray beast,Stray beasts to be cryed posted and wythed. shall cause the same to be [...]ntred with the colour and marks natural and artificial, and also to be posted up and Cryed in manner and time as aforesaid, and likewise within twenty four hours shall put, and from time to time keep a Wyth about the neck of such stray Beast, on pain of losing all his Charges about it afterwards.

And the finder of any lost Goods or Stray Beast shall also within the time before-mentioned,The next Justice to be notified of lost Goods & Strays▪ the same to be apprized. Notify the next Justice of the Peace within the same County thereof, and such Justice shall forthwith thereupon order the same to be apprized by two meet persons by him to be appointed, and shall admini­ster an Oath unto them to deal justly and indifferently therein.

And if the finder of any lost Goods or Stray Beast shall neglect to cause the same to be entred, cryed and posted up in manner and time as before is exprest, or to wyth such Beast,Penalty on the finder for neglect of entring, cry­ing & post­ing, and on the Town Clerk for his neglect. or if the Town Clerk shall neglect to enter any lost Money, Goods or Stray, whereof he shall be Notifyed, and have tendred unto him the Fee of Six pence, (which he may demand and receive and no more) such Finder or Town Clerk for such omission and default re­spectively shall forfeit and pay to the use of the poor of such Town, one third part of the full value of such lost Money, Goods or Strays.

And it is further Enacted, That if the Owner of any such lost Money, Goods or stray Beast appear within the space of one year next after such publication as aforesaid, and make out his right and title thereto,Restitution to be made to the owner. he shall have restitution of the same, or the full value thereof; allowing and paying Three-pence for each time it was Cryed, Six pence for Entring thereof as aforesaid; as also paying such necessary Charges as shall have arisen for the keeping of such Strays, lost Money or Goods,Fee for cry­ing and en­tring. or necessary Travel about them to be ad­justed and determined by the Justice that ordered the apprizal thereof, or by some other Justice in the same County.

And if no Owner appear within one year as aforesaid, then such Strays,No owner appearing to be divided betwixt the Finder and the poor of the Town. lost Money or Goods shall be to the Finder, he paying one half of the value thereof (all necessary charges being first deducted) according to apprize­ment, unto the Treasurer or Overseers of the Poor of such Town, for the use of the poor thereof, and to be recovered by the Town Treasurer, Select-men [Page 122] or Overseers of the poor respectively as in other Cases, upon neglect or refusal to pay the same.

And it is further Declared and Enacted by the Authority aforesaid, That if any Owner of any Stray Beast,Penalty for taking off the Wyth, or taking away any Stray. or other person shall take the W [...]th off from the same, or take away such Stray before all the necessary Charges arisen for the entring, crying, and keeping thereof be defreyed, such person so offending shall forfeit and pay unto the Finder of such Stray, the full va­lue of the same.

All the Penalties and Forfeitures in this Act mentioned, to be recovered by Action,Penalties, &c. how to be recovered. Bill, Plaint or Information before a Justice of the Peace, where the value exceeds not his Cogniscance, or in any other of His Majesties Courts within this Province.

No Strays to be made from the first of March to the first of December. Provided, That no person from the first day of March to the first day of December yearly, shall take up any Horse, Gelding, Mare or other Beast for a Stray, or account or use them as Strays, though the Owner thereof be not known, unless such Beast be taken damage feasant in Inclosures.

An Act for the Inspecting and Suppressing of Disorders in Licensed Houses, &c.

BE it Enacted and Declared by the Lieutenant Governour, Council and Representatives, Inn-holders &c. to be provided for Entertain­ment of men and horses. Convened in General Assem­bly▪ and by the Authority of the same, That all Inho [...]ders, Taverners and Common Victuallers shall at all times be furnish­ed with suitable Provisions and Lodging for the Refreshment and Enter­tainment of Strangers and Travellers, Pasturing, Stable Room, Hay and Provender for Horses, on pain of being deprived of their Licence.

And that no person who is or shall be Licenced to be an Inn holder, Ta­verner, Common Victualler or Retailer, shall suffer any Apprentice, Servant or Negro to sit D [...]inking in his or her House,Penalty for entertaining of Servants or Negro's. or to have any manner of Drink there, without special order or allowance of their respective Masters, on pain of Forfeiting the Sum of Ten Shillings for every such Offence. Nei­ther shall any Licensed person suffer any Inhabitant of such Town where he dwells,None to con­tinue in pub­lick houses above one hour, unless, &c. or coming thither from any other Town, to sit Drinking or Tipling in his or her House, or any of the Dependencies thereof, or to conti­nue there above the space of one hour (other than Travellers, persons upon business or extraordinary occasions) on the like penalty of Ten Shil­lings for every Offence.

And every person who contrary to this Act, shall continue in any such House Tipling or Drinking, or otherwise misordering him or her self, or above the space of one hour (other than as aforesaid) shall for­feit and pay the Sum of Three Shillings and Four pence, or be set in the Stocks, not exceeding four hours time.

None to be suffered to be drunk there or to be there on the Lords day, unless &cAnd no person or persons Licensed as aforesaid, shall suffer any person to Drink to Drunkenness, or excess in his or her House, nor shall suffer any person as his or her Guest to be and remain in such House or any the De­pendencies thereof, on the Lords Day (other than Strangers, Travellers, or such as come thither for necessary refreshment) on pain of forfeiting the Sum of Five Shillings for every Offence in that kind.

And be it further Enacted by the Authority aforesaid, That all Fines and Forfeitures arising for any of the Offences before mentioned,Penalties & [...] ▪ how to be imployed. shall be one moiety thereof to the use of the poor of the Town where [Page 123] the Offence is committed, and the other moiety to him or them that shall inform and prosecute for the same, (except where such Offences are present­ed by a Grand Jury, in which case, the whole forfeiture to be to the use of the Town.) And every Justice of the Peace within his Precincts is hereby impowred to hear and determine concerning any of the Offences aforesaid,Justice of the Peace his power. and to restrain and commit the Offender to Prison, until he pay and satisfie the penalty or forfeiture, or otherwise by Warrant cause the same to be levi­ed by Distress and Sale of the Offenders Goods.

And be it further Enacted by the Authority aforesaid, That before any person shall receive Licence to be an Inn-holder, common Victualler,No Inn-hol­der &c. to receive Li­cence before entring into Recogni­scance. Taverner or Retailer, every such person shall become bound by Recognis­cance to His Majesty, in the Sum of Ten Pounds the Principal, and two Sureties in Five Pounds a piece, before one or more of the Justices of the Ge­neral Sessions of the Peace, On Condition following.

That is to say,

THE Condition of this Recogniscance is such, That whereas the a­bove bounden A. B. is admitted and allowed by the Justices of the Court of General Sessions of the Peace, to keep a Common Inn, Ale-house or Victualling house, and to use common Selling of Wine, Beer, Ale, Cyder,Recogni­scance for Innholders, &c. and other strong Liquors by Retail for the space of one whole year next ensuing, and no longer, in the now Dwelling-House of the said A. B. in C. commonly known by the Sign of [...] and no other: If therefore the said A. B. during the time aforesaid shall not permit, suffer or have any playing at Dice, Cards, Tables, Quoits, Log­gets, Bowles, Shuffle [...]board, Nine pins, Billiards, or any other unlawful Game or Games, in his House, Yard, Garden, Back-side, or any of the Dependencies threof, nor shall suffer to be or remain in his House any person or persons, (not being of his ordinary Houshold or Family) on the Lords-Day or any part thereof, contrary to Law, nor shall Sell any Wine, Liquors or other Strong Drink to any Apprentices, Servants, Indi­ans or Negro's, nor shall suffer any person or persons to be there Tip­ling, Drinking, or continue there after nine of the Clock in the night time, or otherwise contrary to Law. And in his said House, shall and do use, maintain and uphold good ord [...]r and rule, and do endeavour the due Observance of the Laws, made for Regulation of such Houses. Then this present Recogniscance to be void, but on default thereof, to abide and remain in full force and vi [...]tue.

And before any person shall receive Licence to Retail any Wine or strong Liquors to be spent out of Doors, and not otherwise, such person shall be­come bound by Recogniscance as aforesaid, On Condition following.

That is to say▪

THE Condition of this Recogniscance is such, That whereas the above bounden A. B. is Licensed and allowed by the Justices of the Court of General Sessions of the Peace, to Retail for the space of one whole year next ensuing, and no longer, out of his now Dwelling-House in C. [...] Sort of Strong Liquors, [...] to be spent out of Doors and not otherwise: If therefore the said A. B. shall not entertain or suffer any person or persons to sit Drinking or Tipling in his House, Cellar, Back-sides,Recogni­scance for Retailers out of doors. or any of the De­pendencies of said House, nor shall Sell any other sort of drink than what he is Licensed for as above-said. And shall and do in and by all things ob­serve the directions of the Law relating to persons Licensed for Retailing out of Doors only. Then this present Recogniscance to be void, but on de­fault thereof to abide and remain in full force and virtue.

For each of which aforesaid Recogniscances the party to whom such Li­cence [Page 124] shall be granted, shall pay Two Shillings, to be divided betwixt the Just­ice and the Clerk.

And for the better inspecting of Licensed Houses, and the discovery of such persons as shall presume to Sell without Licence.

Be it Enacted by the Authority aforesaid, That the Select-men in each Town respectively shall take due care,Tythingmen to be annu­ally chosen. That Tything men be annually cho­sen at the General Meeting for Choice of Town Officers as is by Law pro­vided, and upon any vacancy to fill up the number at any other Town Meet­ing: Which Tything men shall have po [...]er, and whose Duty it shall be care­fully to inspect all Licensed Houses, and to inform of all disorders or misde­meanours which they shall discover or know to be committed in them or any of them to a Justice of the Peace,Tythingmen their Power and duty. or Sessions of the Peace within the same County, as also of all such as shall Sell by Retail, without Licence, and other disorders or misdemeanours committed in any such House; and in like man­ner to present or inform of all idle and disorderly persons, prophane Swear­ers or Cursers, Sabbath breakers, and the like Offenders, to the intent such Offences and Misdemeanours may be duly punished and discouraged: Every of which Tything [...]men shall be Sworn before a Justice of the Peace, or at the Sessions of the Peace, to the faithful discharge of his Office in manner following.

That is to say, ‘YOU A. B. being Chosen a Tything-man within the Town of C. for one year next ensuing, and until another be Chosen and Sworn in your stead: Do Swear, Oath. That you will faithfully endeavour and intend the Duty of your Office So help you God.’

Which Tything men shall have a black Staff of two foot long, tip't at one end with brass about three inches,Staff. as a [...]dge of their Office, to be provided by the Select men at the Charge of the Town.

And be it further Enacted by the Authority aforesaid, That if any per­son being duly Chosen to the said Office, shall refuse to take his Oath, or Serve therein he shall forfeit and pay the Sum of Forty Shillings to the use of the Poor of the Town whereto he belongs, upon Conviction of such refusal before the Justice of the Peace▪ or Sessions of the Peace where he is Summoned to be Sworn▪ Certificate being produced under the Hand of the Town Clerk,Penalty for not serving. that such person was legally Chosen to that Office. And the said Forfeiture to be Levied by Distress and Sale of such persons Goods, by Warrant from a Justice of the Peace, or Sessions of the Peace respectively, and delivered to the Town Trea­surer or Overseers of the Poor, for the use aforesaid. And for want of such Goods whereon to make Distress, the Officer in the said Warrant shall be required to Seiz the Body of the Offender, and him commit unto Pri­son, to be there [...]ept, until he shall answer and pay the said Fine or Forfeiture, with the Charges of levying the same.

And all Tything [...]men that shall inform and prosecute for the breach of any penal Act, shall have the benefit of such part of the Forfeiture as does by Law accrue unto the Informer.Tythingmen allowed the benefit of Informers. And all persons prosecuted for breach of any Act relating to Retailing without Licence, the penalty whereof for one Offence exceeds not Forty Shillings, besides Charges, may be convicted by two single Evidences upon O [...]th, though but one to one breach of such Act, so as both the breaches be within one month, the person accused or complained of not plainly and positively denying the Fact.

And be it further Enacted by the Authority aforesaid, That every per­son to whom any Licence shall be granted, before the receiving or exercising [Page 125] of the same,Licensed persons also to enter into Recogni­scance, for paying their Excise. over and above the Recogniscance required for the due obser­vation of the Laws, and keeping of good Rule and Order as aforesaid, shall also become bound unto His Majesty in a distinct Recogniscance, with sufficient Sureties, in manner as aforesaid, and in such Sum as the Justices in Sessions shall appoint. On Condition that the person so Licensed shall duly and truly pay the Duties of Excise for his Draught, according to the Rates by Law Established, or otherwise perform such Agreement for the same as shall be made with the Officer or Officers, that shall from time to time be appointed to agree for, and receive the said Duties. For which Recogni­scance he shall pay the like Fee before-mentioned.

And be it further Enacted, That for the fu [...]ure the time of granting of Licences to Inn holders and Retailers of Drink, shall be at the first Gene­ral Sessions of the Peace that shall be held and kept in course within the se­veral Counties at or next after the nine and twentieth day of June annually;Licence to be granted at the next General Ses­sions of the Peace, after the 29 of June annu­ally. and that such as have already obtained Licences, shall hold them (unless they forfeit the same by breach of Law) until the General Sessions of the Peace to be held in the respective Counties as aforesaid, next after the nine and twentieth day of June, One Thousand Six Hundred Ninety Nine: A­ny Law or Usage to the contrary notwithstanding.

And the better to prevent Nursery's of Vice and Debauchery.

It is further Declared, That the Justices of the General Sessions of the Peace in each County respectively, be,No more persons to be Licensed to keep Publick houses, [...] what are ne­cessary for refreshment of Travel­lers, &c. and hereby are directed not to Licence more persons in any Town or Precinct to keep Houses for common Entertainment, or to Retail Ale, Beer, Cyder, Wine or strong Liquors within or out of doors, than the said Justices shall judge necessary for the receiving and refreshment of Travellers and Strangers; and to Serve the publick occa­sions of such Town or Precinct, having regard to the Law for the Qualifi­cation and Approbation of the persons so to be Licensed. And all Pub­lick Houses shall be on or near the high Streets, Roads, and places of great Resort.

And be it further Enacted by the Authority aforesaid, Publick hou­ses to be on high-streets, &c. That the Clerk of the Inferiour Court of Common Pleas in each several County; And the Clerk of the Superiour Court of Judicature respectively, by direction of the Court from time to time, shall by Writ of Scire Facias prosecute to effect all such Recogniscances as shall be taken in Court, or before any Justice,Clerks of the several Courts to put in suit Recogni­scances. whereof default is or shall be made in not performing the Condition of the same. And upon Execution awarded, to make out such Execution unto the Sheriff of the County, or his Deputy; who are accordingly to Levy the Sum therein expressed; and to account for the Monies or Estate Levyed for Satisfaction thereof, un­to the Treasury, as by Law he is obliged. And no Recogniscance for the keeping of good Rule and Order in publick Licensed Houses, or for Retailing out of doors, shall be put in Suit for any breach thereof made, after the Expiration of two years from the time of taking such Recogniscance.

An Act for the Relief and Release of poor Prisoners for Debt.

BE it Enacted and Declared by the Lieutenant Governour▪ Council and Representatives in General Court Assembled, and by the Authority of the same, That it shall and may be lawful to and for any Justice of the Peace by Warrant under his Hand and Seal, to require the Goaler or Keeper of any Prison within his Juridiction, from time to time to bring without delay the Body of any person being in Prison for Debt or Damages upon Execution (and petitioning such Justice to be discharged) to some convenient place not exceeding the distance of one mile from the said Prison,Justices of Peace on the Petition of Prisoners for Debt to Ad­minister an Oath to them. and to certifie the cause and causes of the Impri­sonment before the same Justice, which Warrant every such Goaler and Keeper is hereby commanded to obey.

And in case such Prisoner coming before such Justice shall take an Oath to this Effect, viz. ‘I A. B. do upon my Oath solemnly profess and declare before Almighty God, That I have not any Estate real or personal in possession, reversion or remainder of the value of Ten Pounds in the whole or sufficient to pay the Debt or Damages,Oath. for which I am Imprisoned, and that I have not directly or indirectly Sold, Leased or otherwise conveyed, disposed of or entrusted all or any part of my Estate thereby to secure the same, to receive or e [...]pect any profit or advantage thereof, to defraud or deceive any Creditor or Creditors whatsoever, to whom I stand Indebted.’

Then after the taking of such Oath the said Justice shall Remand the Pri­soner to Prison, and shall give a Certificate thereof in Writing under his Hand and Seal to the same Prisoner,Notice of such Oath being taken to be given to the Credi­tor. to be Served upon such person or per­sons, his or her Executors or Administrators, or to be left at the place of the usual abode of such person or persons, at whose Suit the Prisoner stand­eth charged and imprisoned▪ thereby appointing as well the said person or persons as the said Prisoner to appear before the Justice at the next Gene­ral Sessions of the Peace, to be holden for the same County. And if it shall then appear upon Oath, (which Oath the said Justices are impowred to administer) that the said Certificate was so served or left fifteen dayes or more before the said Sessions, and that the said Oath taken by such Prisoner, be not disproved by good testimony of any credible person or persons upon Oath to be administred by the said Justices by virtue of this Act.Court of Ge­neral Sessions to set at li­berty poor prisoners for Debt. Then the said Justices being satisfied therein, shall direct their Warrant under their Hands and Seals to the said Goaler or Keeper of the Prison, Commanding him to set at liberty, and discharge the said Prisoner, if imprisoned for the Causes aforesaid, and no other, without paying any thing for Fee or Chamber Rent, which Warrant shall be a sufficient discharge to the same Goaler or Keeper of Prison, and no Action of Escape, or other Action shall be brought against such Justice or Justices, Goaler or Keeper of Prison for the same in any wise, and upon any such Action or Suit brought, he or they may plead the general issue, and give this Act in Evidence, which shall be a good and sufficient Discharge, and shall save harmless every such Justice or Justices, Goaler or Keeper, pleading the same. And if the Plaintiff in any such Action, shall be Non-suited, or Verdict pass against him, the Defendant shall have double Costs to be taxed by the Court where such Action is brought.

[Page 127] Provide [...] always, and be it Enacted by the Authority aforesaid, Creditors to make an al­lowance for the main [...]ain­ance o [...] such Prisoner [...] [...]or Debt, as [...]hey shall d [...]sire to be conti­nued in pri­son, notwith­standing their having taken the Oath as a­foresaid.

That when such Prisoner or Prisoners for Debt shall have legally taken the said Oath in this Act proposed to be taken, and shall have duly Summoned his or their Creditor or Creditors, if such Creditor or Creditors after the said fifteen days time shall make no discovery of any Estate of such Prisoner or Prisoners, no [...] disprove the said Oath, and de [...]ect him or them of forswearing him or themselves, and notwithstanding will not be satisfied therewith (that the said Prisoner or Prisoners may be set at liberty) or will insist to have the said Prisoner or Prisoners continued in Goal. Then the said Creditor or Creditors shall at his and their own Costs and Charges allow and pay weekly a reasonable maintainance to the said Prisoner or Prisoners themselves, such as the said Justices shall order and appoint, not exceeding Two Shillings and Six pence a week, and upon non payment of the same weekly, the said Priso­ner or Prisoners shall be for a [...] liberty, according to the true intent and mean­ing of this Act. And if within the space of three months after such week­ly allowance by any Creditor, no Estate of the Prisoner shall be discovered or made out before two Justices of the Peace of that County where the said Prisoner is kept in Prison, then the said Prisoner shall forthwith be discharged by Warrant under the H [...]ds and Seals of any two Justices of the Peace in the County where the said Prisoner shall be so in Prison,The Priso­ner upon default of having such maintainance allowed him to be set at liberty. to the Keeper of such Prison in that behalf directed, as fully and amply as if such Prisoner had been discharged by the Justices of the Peace▪ the General Sessions of the Peace, as is herein before directed, and from thenceforth the said weekly allowance shall cease and determine, as if the same hast never been made.

Provided also, That if at any time after the taking of the aforesaid Oath, the said Prison [...] or Prisoners shall upon any Indictment or Indictments,Penalty on Prisoners convicted of false Swearing. or by his or their own confession or verdict of twelve men, be convicted of false Swearing in any point or article contained in the said Oath, then such Pri­soner or Prisoners so convicted as aforesaid, shall suffer the pains and forfei­tures as by Law are to be inflicted upon any person convicted of wilful Per­jury And also the Court by Process out of which the Prisoner was im­prisoned, shall award a new Process directed to the Sheriff or his Deputy of such County, and shall remand the said Prisoner into the Prison whence he or she was dismissed, there to remain in Execution in such manner and con­dition as he or she was before h [...]s o [...] her said Enlargement, and then and from thenceforth shall be adjudge [...] to be in Execution fully, as if he or she had never been discharged thereof. And the Execution and Executions up­on his or her Lands, Tenements, Hereditaments, Goods and Chattels, if an [...] such happen to be, after his or her said Discharge out of Prison, and before he or she shall be remanded, shall stand also good and effectual in Law. Any Law, Usage or Custom to the contrary notwithstanding.

Provided also, Judgments a­gainst the Lands &c. of any Pri­soner to stand good notwithstan­ding his dis­charge upon taking the Oath afore­said. And be it further Enacted by the Authority afore­said, That notwithstanding the discharge of the person of such Priso­ner as aforesaid upon taking the Oath aforesaid, all and every Judgment had and given against him or her, shall be and stand good and effectual in Law to all intents and purposes against the Lands, Tenements, Goods and Chat­tels only, of the said Prisoner so discharged as aforesaid; and it shall, and may be lawful, to and for such Creditor of such Prisoner or Prisoners so discharged as aforesaid, his Executors, Administrators or Assigns, to take out any new Execution against the Lands, Tenements, Hereditaments, Goods and Chattels of such Prisoner or Prisoners (his or her wearing Apparrel, Bedding for him and his, or her Family, and Tools necessary for his or her Trade and Occupation only excepted) for the satisfaction of his or their said Debt, in such sort, manner and form as he or they might [Page 128] have done if the person or persons of such Prisoner or Prisoners had never been taken in Execution. Any Law or Custom to the contrary notwithstanding.

Provided also, in case any Goaler or Keeper of Prison shall refuse or delay to bring or discharge an [...] set at liberty any Prisoner according to the order of the Justice or Jus [...]ces,Penalty on any Goaler refusing to set any Pri­soner at li­berty when duly requi­red. to be made in manner as aforesaid. Every such Goaler or Keepe [...] of Prison shall forfeit and pay to such Prisoner detained contrary to such Order, the Sum of Twenty Pounds, to be recovered by Action of Debt in any Court of Record, and shall also be subject to such Fine and punishment as the said Justices of the Peace shall upon Complaint thereof to them made, order and award.

Provided also, and be it further Enacted, That no person shall be discharg­ed by this Act that hath not or shall not before such Oath made,No person to be dis­charged that hath not been in Prison one month, &c. have remained in Prison by the space of one month, nor shall any person be discharged by this Act, who shall stand charged in Execution, with more than the Sum of Five Hundred Pounds to any one person, principal money and damages.

Provided also, That no Creditor insisting to have his Debtor continued in Prison, shall be bound to make any weekly allowance for the subsistance of the Prisoner where the Father, Mother, Son or Daughter, or other person who by the Law of this Province,Creditor not obliged to maintain Pri­soners having able Rela [...]i­ons. are bound to maintain him in discharge of the Town, if he were at large, are of sufficient ability to maintain such Prisoner.

And if any Creditor insisting to have his Debtor continued in Prison, and ordered to make allowance towards his maintainance, shall desire to have his Debtor, (being a person formerly using any Handicraft or day labour, and not having a Wise or Family) to satisfie such Debt by Service;Debtors used to labour, &c to satisfy their Debts by Service, if desired by the Credi­tor. the Justices at the General Sessions of the Peace within the same County, shall direct and order the Term for which such Debtor shall Serve, and the Credi­tor shall and hereby is impowred to detain and hold him in Service, during such Term.

Provided also, That this Act shall not extend to any person or persons in Execution for any Fine on him or her imposed.

And be it further Provided and Enacted, That the discharge of any person or persons by virtue of this Act, shall not amount unto or be construed to free or discharge any other person or persons joyntly or several­ly bound for,Persons lia­ble to an­swer the Debt of any Prisoner, not to be freed therefrom by the Discharge of the Pri­soner. or liable to answer or satisfie the said Debt, or any part there­of, either as Principal or Surety, but that such other person or persons shall be liable to answer the said Debt and Damages in such manner to all intents and purposes, as they were before the discharge of such Prisoner.

Provided also, That no Prisoner shall be discharged by virtue of this Act, until he shall before the Justices of the Peace, who are by this Act impow­red to discharge him; declare upon his Oath (which Oath the said Justices are hereby impowred to administer) what Effects are belonging to him, or what Debt or Debts are then owing to him within any of His Majesties Dominions or elsewhere, and by whom, and for what cause, and upon what security;Prisoners when dis­charged to give in a Schedule upon Oath of Debts, &c. to them owing. of all which a Schedule shall be made in the presence of such Justi­ces, and subscribed by the Prisoner, and shall be by such Justices returned to the next Sessions, there to be kept for the better Information of the Creditors of such Prisoner, who or such of them as will joyn may thereupon Sue for such Debt, or so much thereof, as will reasonably satisfie them in the name of the Prisoner, and after the same recovered, to render the Overplus (their own Debts and Charges subducted) to the Prisoner.

An Act for Explanation and Addition to the Act for Regulating of Fences, Cattle, &c.

FORASMUCH as in and by an Act of this Province, Entituled, An Act for Regulating of Fences, Cattle, &c. made and passed in the Fifth Year of the Reign of His present Majesty, and His late Royal Consort, Queen Mary, of blessed Memory, amongst other things therein contained. It is Enacted, That in every Town and Peculiar within this Province, there be annually Chosen by the Inhabitants thereof, two or more meet persons to be viewers of Fences; but no penalty provided by the said Act, in case the persons so Chosen refuse to accept thereof.

Be it therefore Enacted and Declared by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That every meet person that shall hereafter be cho­sen a Viewer of Fences within any Town, or Peculiar in this Province,Penalty for not Serving as a Fence Viewer. Refusing to accept thereof, or to be Sworn to the faithful discharge of that Office, shall forfeit and pay to the use of the Poor of such Town or Peculiar, the Sum of Twenty Shillings, and another shall be forthwith chosen in his room. And every person from time to time, chosen and sworn to the said Office, upon due notice given him, and being request­ed by any person or persons interested to view any insufficient and de­fective Fence in and about any general or common Field, or in and a­bout any particular Field or Inclosure, shall forthwith attend the same: On pain of forfeiting the Sum of Twenty Shillings, one moiety thereof to the use of the poor of the Town or Peculiar,Penalty for not attending his duty. and the other Moiety to him that shall inform or sue for the same. And each Fence Viewer shall be allowed Three Shillings a day, and proportionably for half a day, and under that Six pence an hour for his time spent in viewing of any Fence or Fences, to be paid him by the party that sets him on work, who shall be reimburst the same by the Owner or Owners of the defective Fence. And when and so often as it shall happen,Allowance. any Fence to be bro­ken or fal'n down, or to be otherwise defective, the Owner or Occu­pant of the Land to which such Fence belongs, upon notice thereof gi­ven him shall forthwith repair the same. And in case he refuse or neg­lect so to do, the Fence Viewers shall cause the same to be sufficiently repaired as the Law directs. And all divisional Fences betwixt man and man shall be kept up in good repair for the whole year, unless the Proprie­tors of the Lands shall otherwise agree.

And be it further Enacted by the Authority aforesaid, That for the better enabling of the Fence Viewers to discharge their Duty accor­ding to the true intent of the Law,Fence View­ers to be im­powred by a Warrant to impress Work-men, &c. It shall and may be lawful to and for any Fence Viewer by Warrant from the next Justice of the Peace, or Select men, (in such Towns where no Justice dwells) or the major part of them, who are hereby respectively impowred to make out such Warrant, to impress Workmen and Teams for the speedy repairing and making up of Fences that are defective or wanting; paying double the usual and accustomed Rates for such Teams and Workmanship and to the Fence Viewer for his time, to be adjusted and determined by the Select men, and to be by him recovered against the Owner or Occupi­er of the Land about which such F [...]nce is set down or repaired, in man­ner as the Law directs.

[Page 130] Fence of common fields to be maintained by the Pro­prietors in proportion. And be it further Enacted by the Authority aforesaid, That every par­ty interested in any common or general Field shall from time to time m [...]ke and maintain his just and due part and proportion of the Fence for enclosing the same according to his interest therein, in such manner as hath or shall be agreed on by the major part of the Propriety, the whole being duly warned and met to order the same, and the Orders so made shall be binding and ob­liging upon the Proprietors absent. And a third part of the Propriety in such common or general Field, shall and may call and summon a Meeting of the whole from time to time, as there shall be cause.

And no Proprietor in any such Field shall put or cause to be put any Be [...], Cattle or Sheep thereinto, over and above the number allowed him, or keep them longer there than the time set and limited by the major part of the Propriety or Interested, on penalty of answering double the damages that shall happen or accrue thereby, to be recovered in any Court proper to try the same.

And it [...]s further Enacted, That all partition Fences betwixt Lands un­der improvement, shall be made and maintained from time to time in equal halves by the Owners or Propri [...]tors of such Lands respectively. And in case any Proprietor of Land shall improve his Land (the Land adjoyning not being under [...]mprovement) and so make the whole partition Fence;Partition Fences to be maintained by the Pro­prietors in equal halves. When and so soon as the Owner or Proprietor of the adjoyning Land shall also improve his, he shall pay for the one half of such partition Fence, according to the value thereof at that time, and keep up and maintain his half part thereof from thenceforward; But if either of such Proprietors adjoyning do cease to make improvement of his Land, he that continues so to do, shall have liberty to purchase the other part of such partition Fence, as it shall then be valued to be worth, by persons indifferently chosen by each party for that purpose: And in case any person improving as aforesaid, shall neglect or refuse to make and maintain one half of the partition Fence betwixt his Land and the Land next adjoyning, the Owner or Proprietor of such Land adjoyning, shall be liable to a Suit, and to have recovered of him in any Court proper to try the same, the full value of the one half of such partition Fence, according to Estimation thereof upon apprizement, by the other party who makes and maintains the whole Fence, together with his damage sustain­ed by such neglect or refusal as aforesaid: Saving always to every person & persons any particular Agreement or Agreements touching the making and maintaining of such divisional Fence between their Lands.

All Fines, Penalties, For [...]i [...]ures or Payments accruing by virtue of this Act from time to time to be had,Fines & Pe­nalties where to be reco­vered Proviso for house Lots not exceed­ing ten acres Major part of the Pro­priety in any general field to lay down the same at pleasure. sued for and recovered in any Court proper to try the same

Provided, This Act shall no [...] extend to House Lots not exceeding ten acres, but if the Owner or Owners of such Lots shall improve, his Neighbour shall be compellable to make and maintain one half of the Fence between them, whether he improve o [...] not.

Provided also, That it shall and may be lawful, to and for the major part of the Interests or Propriety in any common or general Field, to dissolve and lay down the same at pleasure; All the Proprietors being first duly warned, and there being six months time given before any such Field is laid down.

An Act to prevent Default in the appea­rance of Jurors.

WHEREAS the Issues or Fine set upon Jurors for default of ap­pearing and attending the Service of the several Courts of Justice within this Prrvince whereto they are respectively Summoned, is by Law limited unto Twenty Shillings; whereby persons most able, and sufficient oft times decline the Service, choosing rather to incur and undergo so small a penalty; which may prove a general inconvenience, and tend greatly to the damage of particular persons in cases of the greatest moment and concern.

For Remedy whereof,

Be it Declared and Enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same, That it shall and may be lawful to and for the Justi­ces of the Superiour Court of Judicature, Court of Assize and General Goal Delivery, and the Justices of the General Sessions of the Peace, and of the Inferiour Court of Common Pleas respectively, to set reasonable Fines upon Jurors duly returned to Serve in the said several Courts, and making default, at the discretion of the said Justices, not exceeding the Sum of Forty Shillings each; And to cause the same to be Levyed. Any Law, Usage or Custom to the contrary notwithstanding.

An Act Establishing of Sea Ports within this Province, and for ascertaining the Fees for entring and clearing of Vessels inward and outward bound.

FOR the better preventing of undue and unlawful Trading, and of Frauds and Abuses in the Duties and Impositions that are or shall be laid upon all Goods, Wares or Merchandizes, Wines, Liquors, or other Commodities that shall be Imported or Exported out of this Province, as also for the remedying and preventing the demanding or taking of excessive and unallowed Fees.

Be it Enacted by the Lieutenant Governour, Council and Represen­tatives in General Court Assembled, and by the Authority of the same, That the Maritine Towns and places hereafter named, and no other shall be held▪ deemed and adjudged to be lawful Ports within this Province: That is to say, Boston, (of which Charlstown is to be accounted a Member) Salem, (whereof Marblehead is to be accounted a Member) Ipswich, Ports. Newbury (of which Salisbury is to be accounted a Member,) Kittery, Plimouth and Swansey: At every of which aforesaid Ports, an Office shall be held and kept for the Entring and Clearing of all Ships and other Vessels Trading to or from this Province, to be called and known by the name of the Naval Of­fice, as hath been heretofore accustomed; and at one of the Ports aforesaid,For Lading & unlading. or some Member thereof, and not elsewhere, all Ships or other Vessels Tra­ding to or from this Province, shall Lade and Unlade all Goods, Commodi­ties, Wares and Merchand [...]zes whatsoever, which they shall Import or Ex­port. [Page 132] And that an Office be held and kept at Marthas Vineyard, and another at Nantuckett, to [...]ter and Clear all Vessels passing to and from thence, but not to be accounted Ports for the Unlivery or Lading of any of the Enumerated Commodities.

And be it further Enacted by the Authority aforesaid, That the Fees in the said Office to be demanded and received, shall be thes [...] following, and no other, viz.

Penalty for taking ex­cessive Fees, and illegal delay of En­try and Clearing. And be it further Enacted by the Authority aforesaid, That if any person imployed in any of the said Offices shall demand or take a­ny other or greater Fees than by this Act are now made due, or shall illegally delay and defer the Entring and Clearing any Ship or other Vessel, such Officer shall be liable to double Costs and Damages, being thereof duly convicted in any of His Majesties Courts of Record within this Province.

An Act for Regulating and Inspecting the Building of Ships.

FORASMUCH as the Building of Ships is a business of great Importance for the common good, and not only the safety of mens Estates, but Lives are nearly concerned in the well and orderly performing of the same. And forasmuch as Builders and Workmen imployed under them, are oft times remiss and negligent of their Duty in that regard, as has been found by experience; and it being therefore necessary and agreeable to the course and pra­ctice of His Majesties Kingdom of England; That suitable provision be made, and effectual care taken therein.

Be it Enacted by the Lieutenant Governour, Council and Represen­tatives in General Court Assembled, and by the Authority of the same, That when and so often as any Ship or Vessel of Thirty Tuns or up­wards, is to be built and set up in any Town or Place within this Province, before any Plank be brought on,Warrant to be obtained & Survey made before Planking. the Carpenter or Undertaker shall repair unto one of the Justices of the Peace within the same County, who, upon request made is hereby impowred to appoint and authorize one or more able Shipwrights to be Overseers and Surveyers of the said Building, and of all the materials and workmanship to be improved, made use of, done and to be done to, on and about the same from time to time, as often as the Carpenter or Undertaker shall see cause to call them thereto, and especially at such times as in and by this Act is hereafter directed and appointed; That is to say, Every Tear of Timbers shall be Surveyed before they be inclosed or covered with Plank, and the Floor Timbers before the Kealson be bolted down; The Beams and Timbers for the Decks shall be Surveyed after laying, before any Plank be fastned on,Special times for a Survey. and the Bottom to be Surveyed before Calk­ing: Which Overseers and Surveyers to be appointed as aforesaid, shall take care that all the materials in said Building be sound, sufficient and suitable for the occasion, and that the works be done and performed strong, substantial and in workman like manner, according to the Rules of the Shipwrights art; and that all Trunnels be not only sound and well seasoned,No Timber or Plank of Oak, other than white Oak to be used. but also without Sap. And shall have a particular care and regard that such Ship or Vessel be well Calked, and not to allow any Timber or Plank of Oak to be used there in, other than white Oak, and shall direct that all insufficient Materials be taken out, and that defective Workmanship be amended.

And the Surveyers and Overseers to be appointed as aforesaid, shall have an Oath Administred unto them to be faithful and indifferent between the Car [...]penter or Builder, and the Undertaker,Surveyers to be Sworn. and to observe the directions given them by this Act.

And be it further Enacted by the Authority aforesaid, That if any Carpenter or Builder shall bring to,Penalty on Builders neg­lecting to have a Survey and fasten any Plank upon any Ship or Vessel of the burthen aforesaid, before a Warrant of Survey be obtained as aforesaid, and the Surveyers and Overseers have been to view the Frame; [Page 134] Every such Carpenter or Builder offending herein, shall forfeit and pay the Sum of Ten Pounds: One Moiety thereof unto His Majesty, for and towards the Support of the Government of this Province, and the con­tingent Charges thereof, and the other Moiety to him or them that shall inform and sue for the same, by Bill, Plaint or Information in any of His Majesties Courts of Record within this Province.

And if any Carpenter or Builder upon the advice and direction of such Surveyers or Overseers shall neglect to take out,Builders pe­nalty for not attending the advice of the Surveyers. reform and amend what is judged by them to be defective or amiss in any materials or workmanship, he shall forfeit and pay the Sum of Five Shillings Per Di­em, to the use of the Poor of that Town where such Ship or Vessel shall be in Building, until the defects be amended; being convicted of such neglect before one or more Justices of the Peace, or before the Court of General Sessions of the Peace, unless such Justice or Court upon hearing of the Carpenter or Builder shall see cause to allow him some further reasonable time for doing of the same.

And be it further Enacted by the Authority aforesaid, That when any Surveyers and Overseers are called upon by the Carpenter or Unkerta­ker respectively to Survey the work or materials as is provided in this Act;Overseers al­lowance. Every such Surve [...]er or Overseer shall have for his care and attendance when called, Three Shillings for every Survey; Which Charge of Surveying is to be born by the Carpenter when he is in fault or defective; But when the Carpenter is not in fault, then by the Undertaker. And when the Surveyers or Overseers shall give their advice or judgment on or about any work unfi­nished, that the same is faulty or defective, the Carpenter shall not thereby incur the Charge of Surveying, but only when the Surveyers or Overseers see reason to direct the taking out or shifting any Timber or Plank.

And in case the Surveyers and Overseers are occasioned to Travel out of Town for the Surveying any Ship or Vessel in Building, they shall be further allowed for their time and necessary Charge.

An Act in Addition to, & Explanation of the Act against Adultery and Polygamie, made in the Sixth Year of the Reign of King William and Queen Mary.

WHEREAS in the Act Entituled, An Act against Adultery and Polygamie, It is provided in these words; Provided always that this Act or any thing therein contain­ed shall not extend to any person or persons whose Husband or Wife shall be continually remaining beyond the Seas by the space of Seven Years together; or whose Husband or Wife shall absent him or her self the one from the other by the space of Seven Years together, in any part within Their Majesties Domi­nions or elsewhere, the one of them not knowing the other to be Li­ving within that time. Which Limitation of Seven Years is in some Ca­ses found to be Excessive and Inconvenient.

Therefore for the better preventing the Violation of the Seventh Commandment, and for obtaining the Blessings God is wont to bestow upon the Keepers of the same.

[Page 135] Be it Enacted and Declared by the Lieutenant Governour, Council and Representatives Condened in General Assembly: And it is Ena­cted and Declared by the Authority of the same, That if any married person, Man or Woman, has lately or shall hereafter go to Sea in any Ship or other Vessel bound from one Port to another where the Passage is usually made in three months time; and such Ship or other Vessel has not been, or shall not be heard of within the space of Three full Years next after their putting to Sea from such Port;Limitation of Three Years in case. or shall only be heard of under such circum­stances, as may rather confirm the opinion commonly received of the whole Companys being utterly lost: In every such case, the matter being laid be [...]fore the Governour and Council, and made to appear; The man or woman whose Relation is in this manner parted from him or her, may be esteemed single [...] unmarried; and upon such Declaration thereof, and Licence ob­tained [...] that Board, may lawfully mar [...]y again. Any Law, Usage or Custom to the contrary notwithstanding.

An Act Enabling Sheriffs, Constables, &c. to require aid and assistance in the Execution of their respective Offices referring to Criminals.

FORASMUCH as it is oftentimes necessary, That Sheriffs, Under-Sheriffs and Constables be aided and assisted in the Execution of their respective Offices.

Be it therefore Enacted by the Lieutenant Governour, Council and Representatives, Convened in General Assembly, and by the Authority of the same, That when and so often as any Sheriff, Under-Sheriff or Con­stable shall be in the Execution of his Office for the preservation of the Peace or for apprehending or securing any person or persons for violating the same, or for any other criminal matter or cause.Penalty for refusal or neglect to aid or assist the Sheriff, &c. It shall and may be lawful to and for such Sheriff, Under-Sheriff or Constable to require suitable aid and assist­ance therein. And if any person or persons being required by any Sheriff, Under-Sheriff or Constable in His Majesties Name to aid or assist him in the Execution of his Office as aforesaid, shall neglect or refuse so to do, and be thereof convicted before one or more of His Majesties Justices of the Peace, such Offender or Offenders shall be fined, to the use of the Poor of the Town where the Offence shall be committed, not exceeding Forty Shillings, at the discretion of such Justice or Justices, according to the circumstances aggrava­ting or lessening such Offence. And if such Offender or Offenders be unable or shall not forthwith pay the said Fine, such Justice or Justices may punish him or them by Imprisonment, not exceeding forty eight hours, or by setting in the Stocks, not exceeding four hours.

And if any person or persons not being really and bona fide a Sheriff, Un­der Sheriff or Constable, shall presume to abuse His Majesties Name and Au­thority in pretending him or themselves to be any or either of the said Offi­cers, and take upon him or themselves to act as such,Penalty for pretending to be a Sheriff, &c & not so bona fide. or to require any o [...]ther person or persons to aid or assist him or them in any matter or thing be­longing to the duty of a Sheriff, Under-Sheriff or Constable: Every person or persons so offending, and being thereof convicted, shall forfeit and pay [...] Fine not exceeding One Hundred Pounds, according to the nature and circumstances aggravating his Offence, at the discretion of the Court, be­fore [Page 136] whom the Conviction shall be; one Moiety of the said Fine or Forfei­ture to be unto His Majesty, towards the Support of the Government with­in this His Majesties Province, and the other Moiety to him or them that shall inform and prosecute for the same.

And be it further Enacted by the Authority aforesaid, That any of His Majesties Justices o [...] Peace, for the preservation of the same, or upon view of the breach thereof,Justices may Command any person to apprehend an offender or of any other transgression of Law proper to his Cognizance done or committed by any person or persons whatsoever, shall, and hereby is impowred (in the absence of a Sheriff, Under Sheriff or Constable) to require any person or persons to apprehend and bring before him such Offender or Offenders. And every person and persons that shall neglect or refuse to obey any Justice or Justices in apprehending such Offen­der or Offenders, being thereunto required as aforesaid, shall incur and suffer the like pains and penalties as is before provided for refusing or neglecting to assist any Sheriff, Under-Sheriff or Constable in the Execution of his Office as before mentioned▪

And no person or persons so offending, unto whom such Justice is known, or shall declare himself so to be,Penalty for neglect or refusal. shall be admitted to plead excuse or pretence of ignorance of his Office▪

An Act for the better Preservation and In­crease of Deer within this Province.

WHEREAS the Killing of Deer at unseasonable times of the year hath [...] found very much to the prejudice of this Province, great numbers thereof having been hunted and destroyed in deep Snows when they are very poor, and big with young, the flesh [...] skins of very little value, and the increase thereof greatly hindred.

Be it therefore Enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That no person or persons whatsoever within this Province, from and after the last day of December, in this present year One Thousand Six Hundred Ninety Eight,No Deer to be killed be­twixt Decem­ber & August yearly, on penalty. till the first day of August, One Thousand Six Hundred Ninety Nine, and so from the last day of December, to the first day of August following annually for ever hereafter, shall any ways whatsoever, Kill any Buck, Doe or Fawn, on pain that such person or persons so Offen­ding, shall forfeit the Sum of Forty Shillings for the first Offence, Three Pounds for the second Offence, and Five Pounds for the third Offence, and so for every Offence after: One Moiety thereof unto His Majesty, to be imployed towards Suppo [...]t of the Government of this His Majesties Province, and the other Moiety to him or them that shall inform and sue for the same in any Court of Record within the said Province.

Persons una­ble to pay the Penalty, to satisfy by work.And if any person or persons Offending as aforesaid, shall not have where­withal to pay his or their Fine or Fines, he or they shall for the first Of­fence work twenty days, for the second thirty, and for the third Offence fi [...]ty days, as shall be directed by the Justices, before whom the cause shall be heard and determined; and the Wages or Earnings for his or their work to be imployed to and for the uses before-mentioned.The flesh or skin of any D [...]r found to be suffici­ent convicti­on, unless, &c.

And if any Venison, Skin or Skins of any Buck, Doe or Fawn newly killed, shall, at any time in any of the aforesaid months wherein they are by this Act prohibited to be killed, be found with, or in possession of any person or persons whatsoever, such person or persons shall be held [Page 137] and accounted in the Law to be guilty of killing Deer contrary to the intent of this Act, as fully as if it were proved against such person or persons by sufficient witness viva voce; except such person or persons do bring forth and make proof who was the person, or who were the persons that Sold or Killed the same.

Provided always, And be it further Enacted by the Authority afore­said, That it shall and may be lawful for any person or persons whatsoever,Tame Deer may be kill'd at any time. who shall keep or breed any Deer, tame, or in any Park or Island, at any time to kill any Buck, Doe or Fawn so kept and bred. And that any person or persons whatsoever, shall have free liberty of Hunting as formerly to the Eastward of Piscataqua River. Any thing in this Act to the contrary not­withstanding.

An Act for hearing and determining of Cases in Equity.

WHEREAS the Respective Courts of Justice within this Province are by Law Impowred, where the Forfeiture of any Paenal Bond shall be found, in the Entring up of Judgment in such case to chan­cer the same unto the just debt and damages. The Practice whereof is found to give great ease and satisfaction unto His Majesties Subjects; whereby Oppression, Delay, and great Costs and Charges are prevented; which other­wise would unavoidably arise. And Applications having been unto this Court, That further provision may be made for relief in Equity, in cases not releivable by the Rules of the common Law.

To the intent therefore that Justice and Equity may be jointly Administred.

Be it Enacted by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That in all cases brought or to be brought for Tryal in the Superior Court of Judicature,Courts of Justice Im­powred to chancer Pe­nalties an­nexed to spe­cialties and forfeitures of Estates grant­ed on condi­tion. or in the inferiour Court of Common Pleas within the several Counties; where the Forfeiture or Penalty annexed unto any Arti­cles, Agreement, Covenant, Contract, Charter-party, or other Specialties or Forfeiture of Estates on Condition Executed by Deed of Mortgage, or Bar­gain and Sale with Defeasance, shall be found by Verdict of Jury, or Con­fession of the Obligor, Mortgager or Vender; The Justices of the said Courts respectively where the Tryal is had, are hereby Impowred and Authorized, to moderate the rigour of the Law, and on consideration of such cases accor­ding to Equity and good Conscience to Chancer the Forfeiture, and Enter up Judgment for the just debt and damages, and to award Execution accor­dingly; Only in real actions upon Mortgage or Bargain and Sale, with De­feasance, the Judgment to be conditional; That the Mortgager or Vender, or his Heirs, Executors or Administrators do pay unto the Plaintiff, such Sum as the Court shall determine to be justly due thereupon, within two months time after Judgment Entred up for discharging of such Mortgage or Sale; Or that the Plaintiff recover possession of the Estate Sued for, and Execution to be awarded for the same.

[Page 138] And be it further Enacted by the Authority aforesaid, That in all cases of like nature heretofore heard and tryed in any of the Courts of Ju­stice within this Province, since the month of April in the Year of Our Lord God, One Thousand Six Hundred Eighty Six, where the whole Forfeiture or Penalty of any Bond or Obligation,Provision for cases of like nature heard & tryed since April. 1686. Conditioned for the payment of Money, performance of Articles, Covenants, Agreements, Charter parties or other Spe­ci [...]lties has been Recovered and Exa [...]ed; Or where any Estate granted on condition by Mortgage, or Bargain and Sale, with Defeasance hath been re­covered, and the Mortgagee or Vendee by himself or assigns hath entred in­to, or by any ways or means whatsoever obtained possession thereof for default of the Mor [...]gager or Venders paying the Money, or otherwise performing what according to such Condition or Defeasance he ought to have done, the party agrieved and oppressed by such Exaction, or to whom the Right or E­quity of redemption of any such Estate does belong, may bring his Suit for remedy and relief therein, by filing a Bill, Plaint or Declaration, either in the Superiour Court of Judicature, or the Inferiour Court of Common Pleas at his pleasure, and shall cause the adverse [...]arty to be Served with a Writ or Process out of such Court, fifteen days before the day of the sitting of the same▪ briefly notifying the import of the said Bill, Plaint or Declaration, & requiring him to appear at said Court, to make his Answer and Defence. And in case of the Defendants Non-appearance, or on motion made to the Court, and reasonable cause therefore shewn, the Court may continue such Suit unto the next Court and no longer. Provided no such Suit shall be brought, after the Tenth Day of December, which will be in the Year of Our Lord, One Thousand Seven Hundred and One.

And the Justices in the before mentioned Courts respectively are hereby Impowred and Authorized to receive and hear every such case and cases that shall be orderly brought before them as aforesaid, and on consideration of the several pleas and allegations made by either party to decree and enter up Judg­ment therein agreeable to Equity and good Conscience,The Justices of the several Courts Im­powred to receive and hear such cases and to grant releife in Equity. and to award Exe­cution accordingly. And where any Mortgagee or Vendee of any Houses or Lands granted on condition hath recovered, or entred into, and taken posses­sion of the same for the condition broken, the Mortgager or Vender, or his Heirs tendring payment of the Original Debt & Damages, or such part there­of as was remaining unpaid, at the time of Entry; with reasonable costs and allowance for any disb [...]rsements afterwards laid out on such Housing or Lands for the advancement and be [...]tering of the same, over and above what the Rents, profits or improvements thereof made shall amount unto, upon a just computation thereof by the Court, as on hearing of the parties shall be made to appear; The Mortgagee or Vendee, or his Heirs, or the present Te­nant in possession (being the purchaser and holding in his own right) shall be obliged to accept such payment, and to restore and deliver pos­session of the Estate unto the Mortgager or Vender, or his Heirs, and Seal Execute, and Acknowledge a good and sufficient Deed in the Law of Release and Quitclaim to the same. But in case of his not appearing in Court, or refusal to accept such payment tendred, the whole of said Moneys which the Court shall enter Judgment for being left in custody of the Court on behalf, and for the use of the Mortgagee or Vendee, his Heirs or Assigns, Judgment shall be Entred up for the Mortgager or Vender, or his Heirs, to recover possession of such Houses or Lands, and Execution be accordingly awarded.Suit for Re­demption where the Mortgagee is in possession to be brought in 3 years. And further it is Enacted, That at any time hereafter where the Mortgagee or Vendee shall be in actual possession of any Estate granted on condition, It shall be in the liberty of the Mortgager or Vender, or his Heirs to bring his Suit in manner as aforesaid, for redemption thereof within the space of three years next af­ter the term therein expired, and not afterward.

[Page 139] Provided always, That the party agrieved at any Judgment to be gi­ven as aforesaid,Appeal. shall have the same liberty of Appeal and Review as in other cases is provided at the common Law.

An Act for Establishing the Form of an Oath to be administred unto the Justices of the Superiour Court of Judicature, and the Justices of the Inferiour Court of Common Pleas respectively.

BE it Enacted by the Lieutenant Governour. Council and Representatives in General Court Assembled, and by the Authority of the same, That the Oath following shall be ad­ministred unto each of the Justices of the Superior Court of Judicature, and also to each of the Justices of the respective Inferiour Courts of Common Pleas within this Province, by the Governour or Commander in Chief for the time being of the same, or such as shall be by him thereto appointed.

That is to say, ‘YOU Swear, That well and truly You shall Serve Our Soveraign Lord the King and His People in the Office of a Justice of the [...] Court of [...] and that you will do equal Law and Execution of right to all People, poor and rich after the Laws and Usage of this Pro­vince: And in such cases as the Law does especially provide to be relieved in Equity, there to proceed according to Equity and good Conscience, without having regard to any person. So help you God.’

Which before recited Oath shall also be administred as aforesaid unto the Justices that shall be appointed and commissioned, for the re­spective Courts aforesaid from time to time, before their entring upon the Execution of their Office.

An Act for Holding of Courts of General Sessions of the Peace, and ascertaining the times and places for the same.

BE it Enacted and Ordained by His Excellency the Governour Counc [...] and Representatives in General Court Assembled, and by the Authority of the same, That there shall be held and kept in each respective County within this Province yearly, and in every year at the times and places in this Act hereafter mentioned and expressed, A Court of General Session: of the Peace, by the Justices o [...] the Peace of the same County, or so many of them as are or shall be limited in the Commis­sion of the Peace.Their power. 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 cognizeable according to Law. And to give Judgment, and award Execution therein.

And be it further Enacted by the Authority aforesaid, That the times and places for the holding and keeping the said Courts of General Sessions of the Peace within the respective Counties shall be as followeth.The times & places for holding a Court of Ge­neral Sessions of the Peace in the several Counties. That is to say, For the County of Suff [...]lk, 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 Ips [...]ich, on the last Tuesday in March; For the County of Middlesex, at Cam­bridge, on the Second Tuesday in September, at Charlstown, on the Second Tues­days in December and March, and at Concord, on the Second Tuesday in June: F [...]r the C [...]unty of Plimouth, at Plimouth, on the Third Tuesdays in September, December and June, and on the Fi [...]st Tuesday in March. For the County of Barnstable, at Barnstable, on the first Tuesdays in July, October, January, and Ap [...]l: For the C [...]unty of Bristol, at Bristol, on the Second Tuesdays i [...] July, October, January and April: For the County of York, at W [...]lls, on the First Tue [...]ays in July and October, and at York, on the First Tuesdays in January, and April: For the County o [...] Hampshire, at Springfield, on the First Tuesday in September, and Third Tuesday in May, and at Northampton, on the First Tues­d [...] in December and March: For Dukes County at Edgar-Town, on the First Tue [...]day in Octob [...], and on the first Tuesday in March; and for the Island of [...], at said Island, on the First Tuesday in October, and on the last Tuesday in March yearly, and in every year from time to time.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful, for any person agrieved at the Sentence o [...] the Justices in any Cou [...]t of General Sessi [...]ns o [...] the Peace, [...] to make his appeal from such [...]entence (the matter being originally Heard and Tryed in said Cou [...]t) [...] Court of Assize and General Goal Delivery to be Held with­i [...] [...] County, there to [...] iss [...]d.

[...] no Appeal shall be granted, unless it be claimed at the time [...] the Sentence▪ [...] and the Appellant enter into Recogni [...]nce▪ with [...] within the [...] of two hours next after, in a [...] at the Court Appea [...]ed to, and [...] [Page 141] of his Appeal there with effect; and to abide and perform the Order or Sentence of said Court thereon, and to be of the good behaviour in [...] mean time. And the Party Appealing is to remain in Cust [...]dy of an Offi­cer, until he shall have given such Security. And the Officer not to be allow­ed above Twelve pence an hour for his time and attendance.

Provided also, That every such Appellant do [...]ile the Reasons of his Appeal in the Cle [...]ks Office of the Court appealed unto, seven days before the day of the Sitting of said Court: and also at his own Cost,Reason [...] of Appeal to be fi [...]d [...] days before [...] of the C [...]urt appeal [...]d to. do take out and present unto the Court, an attested Copy of the Sentence, and likewise attested Copies of all the Evidences upon which the same was grounded And the Appellant shall pay the like Fee for the entring of his Appeal in the Court appealed to, as is by Law required, for Entry of an Action in a Civil Cause, and the like Fee to the Jurors, that shall try the same.

And be it further Enacted by the Authority aforesaid, That in conve­nient time before the Sitting of the said Court of General Sessions o [...] the Peace in each respective County,Jurors how to be [...] and Sum­moned. the Clerk of the Peace in such County shall issue out Warrants directed to the Constables of the several Towns within the same County, or the most principal of them. Requiring them to Assemble the Freeholders and other Inhabitants of their Town qualified as in and by His Majesties Royal Charter is directed, to Elect and Choose so many good and lawful men of said Town or Districts thereof alike qualified as aforesaid, as the Warrant shall direct, to Serve as Jurors at such Court. And the Constable shall Summon the persons so Chosen to at­tend accordingly at the time and place appointed; and make timely re­turn of his Warrant unto the Clerk that granted the same, on pain that every Constable failing of his duty therein,Penalty on Constables neglecting to make their return. shall forfeit and pay unto the County Treasurer for the use of the County, a Fine not exceed­ing Five Pounds, nor less than Forty Shillings, at the discretion of the Justices of such Court: Unless such Constable so failing of his duty as a­foresaid, shall seasonably make a reasonable excuse unto the Justices of said Court for his default and the same be allowed of by them.

And if by reason of Challenge or otherwise there do not appear a suffi­cient number of good and lawful men to make up the Petty Jury, or Ju [...]i [...]s to serve at the said Court:Sheriff to re­turn Jurors in case th [...]re fail of a suffi­cient number Then and in such case the said Jury or Ju [...]i [...]s shall be filled up de talibu [...] circumstantibus, to be returned by the Sheriff; And where the Sheriff is concerned, or related to either o [...] the pa [...]ies in any case, to be returned by the Coroner.

And be it further Enacted by the Authority aforesaid, That it sha [...]l and may be lawful [...] any person sentenced for any Criminal O [...] [...]ence, by one or more Justices of the Peace out of Sessions,Appeal from the Sentence of one or more Justices of the Peace. to appeal from such Sentence unto the next Court of General Sessions of the Peace to be held within the same County. Every such Appellant recognizing with Sureties in a reasonable Sum not exceeding Five Pounds for his appea­rance at the Court appealed to, and to prosecute his appeal there with [...], and to abide and perform the Order or Sentence of said Court thereon, which is to be final: and in the mean time to be of the good beha­viour. And every such Appellant shall attend the same rules and method for bringing forward his Appeal at the said Court of General Sessions of the Peace as before in this Act is provided in case of Appeal from said C [...]urt, to the Court of Assize and General Goal Delivery. And shall [...] the like Fee for entring of his Appeal as for the entring of a Civil Action in the Inferiour Court of Common Pleas; and the like Fee to the Jurors as is paid them in the said Inferiour Court.

An Act for the Establishing of Inferiour Courts of Common Pleas in the several Counties of this Province.

BE it Enacted and Ordained by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That there shall be Held and Kept in each respective County within this Province, and at the Island of Nantuck­ett wi [...]hin the same, yearly and every year, at the times and places in this Act hereafter mentioned and expressed,Constitution and power. An Inferiour Court of Common Pleas, by four substantial persons to be Appointed and Commissionated as Justices of the same Court in each County, Any three of whom to be a Quorum for the holding of said Court, who shall have Cognizance of all Civil Acti­ons arising or hapning within such County, tryable at the Common Law, of what nature, kind or quality soever: And are hereby impowred to give Judg­ment therein, and award Execution thereupon.

And be it further Enacted by the Authority aforesaid, That the times and places for the holding and keeping the said Inferiour Court of Common Pleas within the several and respective Counties shall be as followeth. That is to say, For the County of Suffolk, at Boston, on the first Tuesdays in July, Octo­ber, Times and places for holding Inferiour Courts 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 Ipswich on the last Tuesday in March: For the County of Middlesex, at Cambridge on the second Tuesday in September; at Charlstown on the second Tuesdays in December and March; and at Concord on the second Tuesday in June: For the County of Plym [...]uth, at Plymouth on the third Tuesdays in September, De­cember and June ▪ and on the first Tuesday in March: 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 Tuesdays in July and October, and at York on the first Tuesdays in January and April: For the County of Hampshire, at Springfield on the first Tuesday in Sep­tember, and third Tuesday in May, and at Northampton on the first Tuesdays in [...] and March: For Dukes County, at Edgar Town, on the first Tuesday in October, and on the first Tuesday in March: And for the Island o [...] Nan­ [...]kett, at said Island on the first Tuesday in October, and on the last Tuesday in Mar [...]h yearly, and in every year from time to time.

And be it further Enacted by the Authority aforesaid, That all Pro [...]ses and Writs for the b [...]inging any Cause or Suit to Tryal in any of the said In [...]eriour Courts,Writs to issue out of the Clerks Office shall issue out of the Clerks Office of such Court in His Majesties Name, under the Se [...]l of the said Court, to be Signed by t [...]e Clerk, and directed to the Sheriff or Marshal of the County, his Under-Sherif [...] or Deputy. And if such Process or Writ 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 [...] may be also directed to the Constables of the Town.Coron [...]r. And Writs as well original a [...] judicial issuing out of the Clerks Office of the said Court, [...] [...] into any County and place within this Province, and be there exe­c [...]d by the Officer or Officers of such County to whom they are directed. [...] a [...]l proper Original Processes in the said Court, shall be Summon [...]. [...], [...] which shall be Served and Executed fourteen days before the day o [...] the Sitting of the Court where seen Writ or Process is [...].

[Page 143] Provided, That no Action under the value of Forty Shillings shall be brought into any of the said Inferiour Courts, unless where Freehold is concerned, or upon Appeal from a Justice of Peace.

And be it further Enacted by the Authority aforesaid, That in conve­nient time before the Sitting of the said Inferiour Court in each respective County; The Clerk of such Court shall issue out Warrants directed to the Constables of the several Towns within the same County,Clerks to issue out Warrants. or the most prin­cipal of them. Requiring them to assemble the Freeholders and other Inha­bitants of their Town qualified as in and by His Majesties Royal Charter is directed, to Elect and Choose so many good and lawful men of said Town or Districts thereof alike qualified as aforesaid, as the Warrant shall direct, to Serve as Jurors at such Court, and the Constable shall Summon the persons so Chosen, to attend accordingly at the time and place appointed, and make [...]imely return of his Warrant unto the Clerk that granted the same: On pain that every Constable failing of his duty therin, shall forfeit and pay unto the County Treasure [...] for the use of the County, a Fine not exceeding Five Pounds, nor less than Forty Shillings, at the discretion of the Justices of such Court, unless such Constable so failing of his duty as aforesaid, shall seasona­ [...]ly make a reasonable Excuse unto the Justices of said Court for his default, and the same be allowed of by them.

And if by reason of Challenge or otherwise there do not appear a sufficient number of good and lawful men to make up the Petty Jury or Juries to Serve [...] the said Court, then and in such case, the said Jury or Juries shall be filled [...] de talibus circumstantibus, to be returned by the Sheriff: And where the [...]heriff is concerned or related to either of the Parties in any Case, to be [...] by the Coroner.

An Act for the Establishing a Superiour Court of Judicature, Court of Assize, and General Goal Delivery with­in this Province.

BE it Enacted & Ordained by His Excellency the Governour, Council and Representatives, in General Court Assembled, and by the Au­thority of the same, Superiour Court of Ju­dicature and Court of Assize▪ That there shall be a Superiour Court of Judica­ [...]re, Court o [...] Assize, and General Goal Delivery over this whole Province, [...] be Held and Kept Annually at the respective times and places in this Act [...]reafter mentioned and expressed by one Chief Justice, and four other Ju­ [...]es to be Appointed and Commissionated for the same. Any three of [...] to be a Quorum, who shall have Cognizance of all pleas, real, personal [...], as well all pleas of the Crown, and all matters relating to the Con­ [...]ion of the Peace, and punishment of Offenders; as Civil Causes or [...] between party and party, and between His Majesty and any of [...] Subjects, whether the same do concern the Realty,Constitution and relate to any [...] of Freehold and Inheritance, or whether the same do concern the [...], and relate to matter of Debt, Contract, Damage or personal Injury; [...] also all mixt actions which concern both realty and personalty brought [...] them by Appeal, Review, Writ of Error, or otherwise as the Law [...] And generally of all other matters as fully and amply to all intents purposes whatsoever, as the Courts of Kings Bench,Power. Common Pleas [...] Exchequer within His Majesties Kingdom of England, have, or ought [...]. And are hereby Impowred to give Judgment therein, and award [...] thereupon.

[Page 144] And be it further Enacted by the Authority aforesaid, That the times and places for the holding and keeping of the said Superiour Court of Judi­cature,Times and Places for holding Supe­riour Courts. Court of Assize and General Goal Delivery, shall be as followeth: That is to say, Within and for the County of Suffolk, at Boston upon the first Tuesdays in November and May. 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. Within and for the County of Hampshire, at Springfield, on the second Thursday in August. Within and for the County of York, at Kittery, on the Thursday in the week next before the time herein set and appointed for the Sitting of the said Superiour Court at Ipswich. For the Countys of Plymouth, Barnstable and Dukes County, at Plymouth, on the last Tuesday in March: And within and for the County of Bristol, at Bristol, on the second Tuesday in September yearly, and in every year from time to time.

And be it further Enacted by the Authority aforesaid, That there shall be held and kept [...] Superiour Court of Judicature, Court of Assize and General Goal Delivery, for the hearing and determining of any Capital Of­fence or Offences that shall arise or happen within the Island of Nantuckett, Nantucket. at such place within the same; and at such time as the Governour and Coun­cil advising with the Justices of said Court shall from time to time direct and appoint, according as occasion may be.

Provided nevertheless, That the Tryal of all matters and causes by Appeal from the Court of General Sessions of the Peace, or Inferiour Court of Common Pleas respectively within the said Island of Nantuckett, or [...] Writ of Error relating to any Judgment given in the said Inferiour Cour [...] shall be in the Superiour Court of Judicature, Court of Assize and General Goal Deli­very, to be held within the Counties of Suffolk or Middlesex.

And be it further Enacted by the Authority aforesaid, That all Pro­cesses and Writs issuing out of the said Superiour Court o [...] Judicature to be held within or for any County within this Province, shall be in His Majesties Name, under the Seal of the said Court, and Signed by the Clerk thereof, and shall be directed to the Sheriff, his Under Sheriff or Deputy, or other proper Officers, who are hereby Impowred and required to observe and execute the same:Process to be Served 14 days before the Courts Sitting And shall run into any County or Place within this Province, and be there Executed by the Officer or Officers of such Coun­ty or place to whom they are directed. And all Processes for the Tryal of Civil Causes in the said Court upon Review or in other Cases which by Law may be originally there brought shall be Served and Executed fourteen days before the day of the Sitting of the Court where such Writ or Process is returnable.

And be it further Enacted by the Authority aforesaid, That in con­venient time before the Sitting of the said Superiour Court of Judicature,Jurors how to be chosen. Court of Assize and General Goal Delivery in each respective County, the Clerk of said Court shall issue out Warrants directed to the Consta­bles of the several Towns within the County or Jurisdiction of said Court, or the most principal of them. Requiring such Constables to assemble the Freeholders and other Inhabitants of their Town qualified as in and by His Majesties Royal Charter is directed,Penalty on Constables not returning their War­rants for choice of Ju­rors. to Elect and Choose so ma­ny good and lawful men of said Town or Districts thereof, alike qualifi­ed as aforesaid, as the Warrant shall direct, to Serve as Jurors at said Court: And the Constable shall Summon the persons so chosen, to attend accordingly at the time and place appointed, and make timely return of [Page 145] his Warrant unto the Cl [...]rk that granted the same; On pain that every Con­stable failing of his duty therein, shall forfeit and pay unto the County Treasurer for the use of the County, a Fine not exceeding Five Pounds, not less than Forty Shillings, at the discretion of the Justices o [...] said Court. Un­less such Constable so failing of his duty as aforesaid, shall seasonably make a reasonable Excuse unto the Justices of said Court for his default, and the same be allowed of by them.

And if by reason of Challenge or otherwise,Sheriff to re­turn Jurors in case there do not ap­pear a suffici­ent number. there do not appear a suffi­cient number of good and lawful men to make up the Petty Jury or Juries to Serve at the said Court: Then and in such case the said Jury or Juries shall be filled up de talibus circumstantibus, to be returned by the Sheriff, and where the Sheriff is concerned or related to either of the parties in any Case, to be returned by the Coroner.

An Act for the Regulating and Directing the Proceedings in the Courts of Justice Esta­blished within this Province.

WHEREAS by two several Acts made & passed at this present Session of the General Assembly, one Entituled, An Act, For the Esta­blishing a Superiour Court of Judicature, Court of Assize, and General Goal Delivery within this Province: And the other Entituled, An Act, For the Establishing of Inferiour Courts of Common Pleas in the several Counties of this Province. Power is given to the Justices to be appointed and commissionated for the said respective Courts, to hear and deter­mine such matters and causes as by the said Acts are made cognizable in the same, and to give Judgment therein, and award [...] thereupon.

Therefore for the better Regulating and Directing the Proceed­ings in the said respective Courts.

Be it Enacted by His Excellency the Governour, Appeal from the Inferiour Court. Council and Re­presentatives Convened in General Assembly, and by the Authority of the same, That it shall be in the liberty of the party agrieved at any Judgmen [...] given in any Inferiour Court of Common Pleas within this Pro­vince, to Appeal therefrom unto the next Superiour Court of Judicature, Court of Assize and General Goal Delivery,Review in the Superiour Court. to be held within or for the [...]ame County, And upon Judgment given at the said Superiour Court of Judicature upon such Action of Appeal, it shall be lawful for either party, Appellant or Defendant to Review such Action by Process out of the said Superiour Court;Review in the Inferiour Court & Ap­peal thereup­on or Writ of Error. or otherwise the party agrieved at any Judgment given in any Inferiour Court of Common Pleas may by a new Process Review the said Case in the same Court where it was first Tryed; and after Judgment given upon such Tryal by Review, the party agrieved at the same Judgment may Appeal therefrom unto the next Superiour Court of Judicature, to be holden for or within the same County, Or may bring his Writ of Error for a new Tryal of the said Case in the said Superiour Court of Judicature.Three judg­ments given for one par­ty to be a fi­nal Issue. And in all Cases wherein the Plaintiff or Defendant shall have obtain­ed the number of three Judgments, it shall be a final Issue and Deter­mination of such Case. And every Action of Review shall be brought within the space of three years. And no Civil Action shall be originally brought into the Superiour Court of Judicature,Review to be brought in [...] years. unless in cases where the King is concerned.

[Page 146] And be it further Enacted and Provided by the Authority aforesaid, That the party appealing or bringing any Writ of Error as aforesaid, shall first enter into Recognizance with sufficient Sureties if upon Appeal,Appellant &c. to give Security. before one or more of the Justices of the Court appealed from in a reasonable Sum, that he will prosecute such Appeal with effect, and if upon Writ of Error before one or more of the Justices of the Superiour Court of Judicature, 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 [...] be admitted after the time of the Courts Sitting,No Appeal to be admit­ted after the Courts sitting nor Executi­on granted the Appellant to bring the whole case. nor after Execution granted; and that the party appealing, or bring­ing any Action of Review as aforesaid, shall bring attested Copies of the who [...]e Case unto the Court Appealed to, or where such Action of Review is to be Tryed; where each party shall be allowed the benefit of any new and further Plea and Evidence. And that every Appellant as aforesaid, shall also give in a Declaration, brief [...]y setting forth the reasons of his Appeal unto the Clerk of the Court appealed fro [...] fourteen days before the day of the Sitting of the Court where such Appeal is to be Tryed. Which Declaration or rea­sons of Appeal shall have a signification written thereupon, and Signed by such Clerk of the time of his Receipt of the same; and a true Copy there­of shall be then [...] by the [...], to be filed in his Office. And the said Clerk shall thereupon make up the Original Declaration or Reasons of Appeal under the Seal of the Court,Reasons of Appeal to be filed 14 days before the Court. and deliver the same to the Appellant, by him to be transmitted unto the Court where such Appeal is to be Tryed. And such Appellant shall pay the Clerk for Copying the said Reasons of Ap­peal, to be filed in his Office as aforesaid.

And be it further Enacted by the Authority aforesaid, That Executi­on in any Case shall not be granted until the expiration of twenty four hours next after Entring up of Judgment,Execution not to be granted with­in 24 hours after judg­ment. and that n [...] person Imprisoned upon mean Process, shall be held in Prison upon such Process above the space of thirty days next after the rising of the Court where the same shall be returned, notwith­standing Judgment thereupon recovered; unless such person be continued there by having his Body taken in Execution. No [...] shall the Prison Keeper discharge any such Prisoner having Judgment entred up against him, within the said space of thirty days after the Courts rising to the intent his Body may be ta­ken in Execution, but by special Order of the Party at whose Suit he stands committed, signified in Writing under his hand.

Justice [...] of the Courts to chancer For­feitures of Bonds. And be it further Enacted by the Authority aforesaid, That the Ju­stices in any of the said Inferiour Cour [...] of Common Pleas, o [...] Superiour Court of Judicature respectiv [...]y where the forfeiture of any Panel Bond shall be found, shall be, and are h [...]eby Impowred in the Entring up of Judgment in such Case to chancer the [...]me unto the just Debt and Damages.

Saving always the liberty of Appeal unto His Majesty in Council, as by His Majesties Royal Char [...] in that behalf is provided.Appeal to the King in Council.

And be it further Enacted by the Authority aforesaid, That in case up­on any Process being [...] Serve [...] and Return thereof made into the Court where the same shall be re [...]able,Judgment by default the Defendant do not appear by himself or his Attorney, his Def [...]lt shall be recorded, and Judgment Entred up a­gainst him [...] the Jury [...] dismist he shall come into Court, and move to have a Tryal, in which [...] shall be admitted thereun­to, first paying down unto the advers [...] party double the Costs he has been at so far, and the Plaintiff shall make a new Entry.

And be it furth [...] Enacted by the Authority [...]resaid, That the Justices of the said S [...]eriour Court of Judicature, Court of Assize, and Ge­neral Goal Delivery, [...]he Justices of the said Inferiour Cour [...] of Common [Page 147] Pleas, and also the Justices of the Court of General Sessions of the Peace in each respective County within this Province, be, and hereby are respectively Impowred to appoint and settle a Clerk to officiate in each of the said several Courts for the granting of all Writs and Processes issuing out of the same,Justices of Courts to appoint their Clerks. Entring and Recording all Verdicts and Judgments that shall be therein given, and other Acts of the Court, and to do all things proper to the Clerks Office to all intents and purposes. And that the Justices of the said respective Courts be,No Process &c to be abated &c. for circum­stantial Er­rors. and are hereby likewise impowred to make necessary Rules and Orders for the more orderly practising and proceeding therein. Provided they be not repugnant to the Laws of this Province. And no Summons, Process, Writ, Judgment or other Proceeding in Courts or course of Justice shall be abated, arrested or reversed upon any kind of circumstantial 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 Writs, Processes, Declarations, Indictments, Pleas, Answers, Replications and Entries in the several Courts aforesaid,Writs &c to be in the English Tongue. shall be in the English Tongue and 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, or with the assistance of such other as he shall procure, being a person not scan­dalous or otherwise justly offensive to the Court. And Attorneys Fees to be allowed at the Superiour Court of Judicature, shall be Twelve Shillings, Attourneys Fee. and at the Inferiour Court of Common Pleas, Ten Shillings, and no more, and but one Attorney to be paid for in any Case.

And be it further Enacted by the Authority aforesaid, That the Clerk of each Town respectively within this Province,Town Clerk to grant Sum­mons for [...]. as well as the Clerks of the several Courts aforesaid, 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 said Superiour Court of Judicature or Inferiour Court of Common Pleas respectively. 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 Superiour or Inferiour Courts, and having tendred unto him or them such reasonable Sum or Sums of Money for his 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 let 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,Penalty for Witness's non appear­ance. The said several Sums to be recovered by the party so grieved, against the Offender or Offenders by Action of Debt, Bill, Plain [...] or Information in any of His Ma­jesties Courts of Record, wherein no Ess [...]ign, Protection or Wager of Law to be allowed. And Two Shillings Per Diem shall be accounted due satisfacti­on to any Witness for his Travel and Expences,their Allow­ance. and no more 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 Fer­ [...]y, then One Shilling and Si [...] pence per Diem shall be accounted sufficient.

And be it further Enacted, That no person Serving as a Justice, Juror,Ceremony in Swearing. Witness or otherwise shall be obliged to use any other Ceremony in taking of their respective Oaths, than lifting up the hand as has been accustomed. Any Law, Usage or Custom to the contrary notwithstanding.

An Act for Reviving of Actions and Pro­cesses, &c. depending in the several Courts of Justice within this Province, and Dis­continued by the Disallowance and Repeal of the Act, For Establishment of the said Courts.

BE it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same, That all and all manner of Pleas, Writs, Actions, Suits, Plaints, Process, Precepts, Recognizances, Indictments, Presentments or other things whatsoever that were or shall be re [...]able, had or shall have day or days in any of the Court [...] of Justice lately Established within this Pro­vince, Verdicts, Judgments and other matters and things therein depending▪ not fully made up, determined or given, shall stand continued, and be reviv­ed, and are hereby continued, revived and adjourned unto, and may be plea­ded, heard and proceeded upon at the next Superiour Court of Judicature, Court of Assize, and General Goal Delivery, Inferiour Court of Common Pleas, or Court of General Sessions of the Peace respectively, to be holden for and within the several Counties, where the same were or shall be return­able, had day or days, or are depending and undetermined.

And that all Parties that had day by any Pleas▪ Writs, Bills, Actions, Suits, Plaints, Process, Precepts or other thing or things whatsoever, at or in any of the said Courts [...] by means as aforesaid, shall respectively appear at such next Court to be holden in or for the same County under the penalty of Forfeiting any Bond [...], Obligation [...], or Recognizance for the appearance of the said Parties, or under any other penalty that might have incurred upon the said Parties for not appearing at any of the Courts discontinued as afore­said, if the same had been holden and kept.

Provided nevertheless, That where it happens any person or persons being principals, that were under Bond, Obligation or Recognizance for appearance at the Superiour Court of Judicature, Court of Assize and General Goal Delivery, Inferiour Court of Common Pleas or Court of Ge­neral Sessions of the Peace within any County of this Province, discontinu­ed as aforesaid, and since that are removed and gone Beyond Sea, or out of this Province, and shall not be returned before the Sitting of such next Court to be held in or for the same County. It shall be in the power of the Justi­ces of such Court upon motion made on that behalf, and they are according­ly to allow a continuance of any such Bond, Obligation or Recognizance to such further time as shall be thought necessary, that no persons concerned may be surprized, or have advantage unreasona [...]ly taken against them.

An Act in Addition to the Act, For Regulating the Militia.

WHEREAS in and by the Act Entituled, An Act, For Regula­ting the Militia, amongst other things therein contained: It is Enacted, That Drums, Drummers, Trumpets, Trumpeters, Colours and Banners be by the Commission Officers of each Troop or Company, provided at the Charge of the respective [Page 149] Companies and Troops where they are not already provided, and the Fines will not reach to procure the same. But no direction being given by the said Law how or in what manner such Charge shall be Raised and L [...]vyed upon such Company or Troop.

Be it therefore Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Autho­rity of the same, That when and so often as the Fines arising in any Military Company or Troop shall not be sufficient to answer the Charge of pro­viding suitable Drums, Trumpets, Colours and Banners,Commission Officers to make Assess­ment for Drums, Trumpets, &c. and the sup­port of Drummers, or Trumpeters. The Commission Officers of such Company or Troop respectively are hereby Authorized and Impowred to assess so much as shall be wanting and necessary for that use and occasion, upon their Company or Troop; and to proportion the same in the most equal manner they may, upon all the persons Entred in the Roll of such Company or Troop, and liable to attend any Military Duty in the same, having due regard unto persons ability for Estate and other Circumstances. And where there be Sons and Servants, their Parents or Masters to pay for them if they cannot do it themselves. And the Assessment so made being Signed by the Commission Officers, shall be committed unto the Clerk of such Com­pany or Troop, together with a Warrant from the Chief Officer of the same, requiring said Clerk to collect and pay in the same unto himself, to be imployed and disposed to the use aforesaid: And to make distress of all persons that shall neglect or refuse to pay their proportion thereof. And such Clerk is hereby Impowred and Required to execute such Warrant accor­dingly, and to pay in said Monies unto his Chief Officer. And if any fail in their betrustment and duty aforesaid, they shall be liable to give ac­count to their Superiour Officer from time to time.

An Act for the better preventing of the Spreading of Infectious Sicknesses.

WHEREAS Ships and other Vessels arriving within this Province, from parts beyond the Seas, are oftimes during their Passage, visi­ted with the Small Pox, and other Infectious Sicknesses: Or come from places where such Sicknesses are prevailing and Ep [...]demical, bringing with them Cotton-Wo [...], or [...], in which the Contagion is lia­ble to be conveyed, and has in time pas [...] proved to be of pernicious and fatal conse­quence to the People of this Province, the Masters or Commanders of such Ships or Vessels, not taking that due ca [...] [...] in such case they ought to give Information there­of, before they bring their Ships into Harbour, and have Landed their Passen­gers or Goods.

For Prevention of which Mischief for future, and that this Province by the Blessing of God, may be preserved from the coming in and spreading of contagious mortal Sicknesses.

Be it Enacted by His Excellency the Governour, Council and Repre­sentatives in General Court Assembled▪ and by the Authority of the same, That no Master or Commander of any Ship or Vessel arriving to any Port or Harbour within this Province, in which Ship or other Vessel, any person, Passenger or Seaman upon their Passage shall be visi­ted with the Small Pox, or any other con [...]gious Sickness; Or shall come [Page 150] from any Port or Place where any such Sickness is Epidemical and prevail­ing, may presume to Sail, or [...] his Ship or Vessel within or above the Castle or Fort (where any such is) or within the space of hal [...] a mile next unto any Peer,Ships visited with Sickness or coming from any place visited with Sickness not to come above the Castle &c without Li­cence. Whar [...], or Landing place in such Harbour where no Fortifi­cation is, without Licence first had for so doing from the Governour o [...] Com­mander in Chief of this Province for the time being, or from the two next Justices of the Peace, if such Harbour lye more than ten miles distan [...] from the place of the Governours Residence; Nor shall permit or suffer [...]ny of his Passengers or Seamen to be Landed or brought on Shore▪ or any p [...]son or persons to come on Board without Licence as aforesaid first had and ob­tained for the same, on pain that every Master or Commander of any Ship o [...] other Vessel offending against this Act, shall forfeit unto His Majesty the Sum of One Hundred Pounds, for and towards the Support o [...] the Government of this Province, to be recovered by Action, Bill, Plaint or Information in any o [...] His Majesties Courts of Record within the same, wherein no Ess [...]ign, Protection or Wager of Law to be allowed.

And to the intent, That all Masters or Commanders of Ships or other Vessels not belonging to this Province, may be duly [...] of their duty by this Act required,Captain of the Castle &c to enq [...]i [...] of the health of Ships. the Captain of the Castle, [...] the Chief Of­fice [...] of every other Fort or Fortification in any Port o [...] Harbour within the same, are hereby Commanded and Enjoy [...], [...]o examine and enquire of the Health of all Ships and other Vessels arri [...]ing to the same, and to acquaint the Masters or Commanders thereof, of the import of this Act.

And be it further Enacted by the Authority aforesaid, That if any Passengers or Seamen arriving in any Ship or Vessel, visited with the Small Pox or other Pestilential or Infectious Sicknesses upon her Voyage, shall presume [...] on Shore before Licence had as aforesaid,Penalty for any passen­gers or Sea­man to come on shore with [...]ut Li­cence. it shall and may be lawful to and for any Justice of the Peace to require or send such person [...] with their Cloathing and Beding on Board such Vessel [...] them to such other place or places as such Justice shall judge m [...]st suitable for preventing of Infection, and all the [...] Charges arising thereupon, to be answered and paid by the Passenger [...] so offending as aforesaid. Who also shall forfeit the Sum of Twenty Pounds to the use aforesaid, and to be recovered in man­ner a [...] a [...]res [...]id.

An Act for the Suppressing and Punishing or Rogues, Vagabonds, common Beggars, and other lend, idle & disorderly persons; And also for setting the Poor to work.

BE it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That there shall be Erected, Built or otherwise provided in every County within this Province, at the Charge of such County, a fit and convenient House or Houses of Cor­rection (where such a House is not already provided) with conveni­ent Accommodation thereunto adjoyning and belonging, [...] to be used and im­ployed for the keeping, correcting and [...] to work of Rogues, Vaga­bonds, common Beggars, and other lend, idle and disorderly persons: And until such House or Houses of Correction be Erected, built or othe [...]wise pro­vided the common Prison in each County may be made use o [...] [...] that [...].

[Page 151] And be it further Enacted by the Authority aforesaid, That the Justices of Peace in every County at the General Sessions of the Peace,Justices in their Sessions to appoint a Master of the house of Cor­rection. to be holden for the same County, from time to time, may nominate and appoint at their Will and Pleasure, an honest fit person to be the Master of such House of Correction: And it shall and may be lawful to and for the said Court, or a­ny one Justice of the Peace out of Court to send and commit unto the said House, to be kept and governed according to the Rules and Orders thereof, All Rogues, Vagabonds, and idle persons going about in any Town, or Coun­ty, begging or persons using any subtle craft, jugling or unlawful games or plays, or feigning themselves to have knowledge in Physiognomy, Palmestry, or pretending that they can tell Destinies, Fortunes, or discover where lost or stol [...]n Goods may be found, common Pipers, Fidlers, Runaways, stubborn Servants or Children, common Drunkards, common Night walkers, Pil [...]erers, wanton and lacivio [...] persons, either in speech or behaviour, common Railers, or Brawlers, such as neglect their Callings, mispend what they earn, and do not provide for themselves or the support of their Families; upon due con­viction of any of the Offences or Disorders aforesaid.

And be it further Enacted by the Authority aforesaid, That the Master of such House of Correction to be appointed as aforesaid, shall have power and authority, and shall set all such Rogues, Vagabonds,Rogues, Va­gabonds &c. to be set to work. beggars, and other lend, idle and disorderly persons as aforesaid, that shall be duly sent or committed unto his custody, to work and labour (if they be able) for such time as they shall continue and remain in the said house; and to punish them by putting Fetters or Shackles upon them, and by moderate Whipping, not exceeding Ten Stripes at once, which (unless the Warrant of Commitment shall otherwise direct) shall be inflicted at their first coming in,And punish­ed by Whip­ping &c. and from time to time in case they be stubborn, disorderly or idle, and do not perform their Task, and that in good condition according as they shall be reasonably stinted; or to a­bridge them of their food, as the cause shall require, until they be redu­ced to better Order.

And for the better Support and Governing of the said House of Correction, and for imploying of such persons as shall be committed to the same.

Be it further Enacted by the Authority aforesaid, That the Justices of each County in their Court of General Sessions of the Peace, shall be,Justices in their Sessions to make or­ders for go­verning the house of Cor­rection. and hereby are authorized and impowred to make necessary Rules and Orders from time to time, as they shall find occasion, for the ruling, governing and punishing of such persons so to be committed, agreeable to the Laws of this Province. And such Rules and Orders as shall be made in that behalf by the Justices in their General Sessions, shall be of force and be duly per­formed and put in Execution.

And be it further Enacted by the Authority aforesaid, That when any person or persons shall be committed to the said House of Correction from any Town or Towns in this Province,How persons sent to the house of Cor­rection are to be supported. the Select men of such Town to which said person or persons belongs, shall take care, and at the cost and charge or said Town shall provide, as there shall be occasion suitable materials, such as shall be necessary and convenient for the keeping such person or persons so committed to work during his or their abode there, and shall deliver the same to the Master or Keeper of said House, to be improved for that end. And where any stubborn Children or Ser­vants that are under the immediate Care and Government of their Pa­rents and Masters, shall be Committed to said House, the Parents or Ma­sters [Page 152] of such Children or Servants, (if able) shall take care to provide such things as may be necessary for the keeping of them to work and labour during their abode in said House. And no person to be Commit­ted to the said House of Correction that is able to work, shall in any sort be chargeable to the County for any allowance either at their bring­ing in, going forth, or during the time of their abode there, but shall only be allowed for their labour and work, the Sum of Eight-pence out of every Shilling they shall Earn, and the Over-plus of such their Earnings to be unto the Master or Keeper of the said House to accompt for: And if such persons are Masters or Heads of Families, then and in such case the whole profit and benef [...] of their labour, or so much thereof as the Court of General Sessions of the Peace shall think necessary and direct, shall be for the relief and support of such persons and their Families. And if any person or persons to be committed to the said House, shall be unable to work, or be weak or sick, then to be relieved by the Master or Keeper of such House, who shall be again reimburst what he shall so necessarily Expend for the re­lief of such person or persons by the Select-men of such Town to which said person doth belong, and the Select-men to assess the same upon the Inhabi­tants of such Town [...] Precinct: Except the person or persons so committed to said House, being unable to work, or being weak or sick, were at the time of his, her or their Commitment in their Minority, and under the care of their Parents or Masters: Then and in every such case, the Parents or Masters of such person or persons shall Reimburse what necessary Charges the Master or Keeper of the said House of Correction shall necessarily Ex­pend for their Relief.

Master of the house of Cor­rection to be paid for his care &c. And be it further Enacted by the Authority aforesaid, That the Ma­ster or Keeper of the said House of Correction shall for his Care, Labour & Service in looking after the person or persons that from time to time shall be committed to his care and custody, & also for relieving any person or per­sons that shall happen to be Weak or Sick in his custody, have such reasona­ble allowance and satisfaction made him, by the Parents or Masters of such person or persons so committed, if under their immediate Care and Govern­ment, or otherwise by the Town to which said person or persons do belong, as the Justices at the Court of General Sessions of the Peace for such County shall direct and appoint, if the Earnings of such person or persons be not sufficient to discharge the same, over and above what is allowed them out of their Earnings for their relief

And the Master or Keeper of every such House, shall keep an exact Accompt of all Profits & Earnings that shall be made by the labour of those under his Custody from time to time, and present the same (upon Oath if required) unto the Justices of the same County,And to keep an accompt of the earn­ings of those committed to his custody. at their General Sessions of the Peace, out of which Earnings the said Master or Keeper of said House shall have his Allowance; and if any Over-plus be, it shall be to the Town to which said person or persons doth belong, or to their Pa­rents or Masters according as the circumstance of the Case may be. And the Master or Keeper of any such House of Correction that shall refuse to Accomp [...] as aforesaid, or shall otherwise be negligent of his Duty re­quired by this Act, shall be liable to such Fine or Punishment as by the discretion of the Court of General Sessions of the Peace in such County shall be awarded.

And for the better imploying and setting the Poor to Work.

Be it further Enacted by the Authority aforesaid, That where there a House already built in any Town with intent to be improved for Wo [...]k house, to set their Poor on Work, or shall hereafter be built for [Page 153] that purpose, and the Inhabitants of such Town shall grant a Tax or Assessment,Select m [...]n to proporti­ [...] any Ass [...]ss­ [...]nt that may be grant­ed by the In­habitants of any Town, for a stock to set their poor on work. for the raising of a Stock wherewith to provide necessary & suitable m [...]terials, tools & implements for imploying & setting their poor on work at such House. The Select-men of the [...] Town for the time being shall proporti [...]n such Tax or Assessment upon the Inhabitants thereof in the most just & eq [...]l manner they may according to the rules and methods for the time being p [...]scribed by Law for proportioning the Province Tax, and shall grant Warra [...] for collecting the same in like manner as the Law directs for the gathering of other Town Rates or Assessments: And the Justices of Peace residing in any such Town together with the Select men thereof, are hereby impowred and authorized to nominate and appoint from time to time three or more sufficient persons of their Inhabitants as a Master and Wardens, to govern, inspect & take care that all person [...] of the same Town imployed at the said Work-house, or sent thither by any two Justices of the Peace, Quorum unus, to be kept to work there, be held and kept strictly to work,Master and Wardens to be appointed [...]or s [...]ch work house. and that all idle and disorderly persons, and such as do not duly perform such reasonable Task or Stint as shall be set them, be punished by moderate Whipping, or setting in the Stocks. And all Stock, Materials, Tools and Implements to be raised and provided as a­foresaid, shall be committed into the hands of such Master and Wardens, to be managed, used and imployed according to their discretion, for the imploy­ing and setting to work all such persons as shall be under their inspection and Government. And the said Master and Wardens are also hereby impowred to demand, sue for, recover, accept, receive and take any gifts,their power bequests and donations that are or shall be made and given by any person or persons to the use of the poor, for and towards a Stock for such Work-house, and to imploy and dispose the same accordingly; and shall once a year, or oftner from time to time, if required, render an Accompt upon Oath unto the Town, of their management, imployment and disposal of all Monies or other St [...]ck to be committed unto them, or that by any other ways or means as aforesaid, shall come to their hands, and of the profits and incomes made thereof; and shall have such reasonable allowance and recompence made unto them for their trouble, pains & service in & about this affair as the Town shall agree & order.

And all Stock to be raised or otherwise obtained as aforesaid, with the in­crease, profits and improvements from time to time made thereof, shall be kept intire, and applied to, and for the ends and uses before-mentioned,All stock to be kept intire for the said works. and for answering of the necessary Charges arising on and about the repairing and keeping of said House, and the subsisting of those that shall be there imployed, and to no other use whatsoever.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful to and for any two Justices of the Peace (Quorum unus) to send unto such Work house to be there imployed and kept to work all persons belonging to the same Town, being able of Body, that live idly or disorderly,Two Justices may comm [...]t to the work-hou [...]. mispend their time, or that go about begging, or receive Alms [...]r [...]m the Town. And the Master of such House shall receive and keep them to work accordingly.

An Act appointing the Sheriff to have the keeping of the Common Goal, and the Prisoners therein.

BE it Enacted by His Excellency the Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same▪ That the Sheriff of each several County within this Prov [...]nce, [Page 154] have the custody,Sheriff to have the cus­tody of the Goal and Prisoners therein. rule, keeping and charge of every of the Kings Com­mon Goals, Prisons, and Prisoners in the same, in the County where he is Sheriff, during the time of his Office, to be h [...]ld and kept by himself or his lawfu [...] Deputy or Under-keeper, for whom the Sheriff shall be answerable. And [...] very Sheriff shall give sufficient Security at the discretion of the Court of Ge­neral Sessions of the Peace in the same County, unto the Kings Majesty, for the due and faithful discharge and performance of his Office in all the part [...] thereof.to give securi­ty.

And for Encouragement unto the Sheriff to take and use all possible care and di­ligence for the safe keeping of the Prisoners that shall be committed to his custody.

Be it further Enacted by the Authority aforesaid, That the Sheriff of every County shall have such Salary allowed him for the same,Salary. as the Justice [...] of the Court of General Sessions of the Peace within the same County shall think [...] and order▪ [...] exceeding Thirty Pounds Per Annum for the County of Suffolk, and no [...] exceeding Ten Pounds a piece in each of the other Counties within the Province, to be paid out of the Treasury of such County.

An Act for Keeping of Watches in Towns.

BE it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Au­thority of the same ▪ That from time to time, when and so often [...] Milita [...]y Watch shall not be ordered and appointed to be [...],Justice and Select men to appoint a Watch to be [...] in Towns. [...]he Justices o [...] Peace, together with the Select men of each Town within this Province, and in such Towns where no Justice of the Peace dwell▪ the Select-men by themselves are hereby impowred and authoriz­ed to [...] and order a suitable Watch or Watches to be set up and kept [...] Town, from and after nine a Clock in the Evening, un­t [...] [...] in the Morning, and the place or places where to set the same; and [...] Ward to be kept every Lords Day, and other days, as they shall think to be need [...]u [...]; and to appoint the numbers whereof such Watch and Ward shall consist▪ and the time for the beginning and continuance of the sam [...] ▪ And the Constable or Constables of the Town, having Orders accor­din [...]ly given him of them in writing, by the Justices and Select men, or the [...]el [...]t-men only in such Towns whe [...]e no Justice of Peace dwells,To b [...] war [...] b [...] the Constable are hereby impow [...]ed [...] req [...]ired from time to time to warn such Watch and Ward [...]spectively, and to [...] that all persons so warned by them do attend and od­serve thei [...] duty in that regard, and to take care in the Warning thereof, that [...] Watch o [...] Ward do not consist o [...] all or the greater part Youths, but that some able Housholders o [...] other sufficient persons be joyned with them. And the Constables are hereby enjoyned to give in Charge to the Watch to [...] all disturbances and disorders in the night he prevented or suppr [...]ss [...]d, [...] to examine all persons whom they shall see walking abroad in the [...] ten a Clock, of their business abroad at such season▪ and [...] they are going, unless they be known orderly and peaceful person; and in case they give not reasonable satisfaction therein, o [...] [...] p [...]son [...] ill behaviour, or justly suspected to have any unlawful [...] or design, then to secure by Imprisonment or otherwise, [Page 155] all such disorderly and suspicious persons to be safely kept until the morning and then to carry them before one of the next Justices of the Peace to be [...] & Proceeded against according to the [...] of their Offence as is by law directed.Houses of [...] Fame to be observed. And such Watchmen shall wall the Rounds in [...] the [...]incipal In [...] parts within such Town, to prevent any [...] by [...]ire, & to see that good Orders be kept, taking particular observation and inspection of all Houses and Families of Evil Fa [...]; and shall strictly observe the [...]harge [...] be given them as aforesaid.

And be it further Enacted by the Authority aforesaid, Persons lia­ble to watch That all [...] persons in each Town respectively, of the Age of Sixteen Years or upwards, being able of Bo [...]y, or having Estate sufficient to [...]ire, shall be [...] to W [...]ch and Ward either in their own persons, or by some other sufficient person or persons in their room, wh [...]n duly warned to attend the same Ex­cept the Members of the Council, Justices of the Peace, Members [...] Assembly for the [...] being, the President, Fellows and Students [...] Colledge, Minister [...], Gra [...]mar School-Masters, the Sheriff of each County, the [...] Commission Officer of each Military Company and Troop for the time being the Officers of the Governours Troop of Guards, and persons living two miles from the place where the Guard is kept.

And be it further Enacted by the Authority aforesaid, That i [...] my persons liable to Watch or Ward as aforesaid,Penalty for not giving their atten­dance when warned. being duly warned by the Constable or other person by his Appointment, shall refuse or neglect to ap­pear, and attend their duty in that regard, either by themselves, or some other sufficient persons in their stead, and be thereof Convicted before a Justice of the Peace either by the Oath of such Constable, or other sufficient Testimony upon Oath, without a just and reasonable Excuse to be made and given for the same▪ Every person so offending, shall forfeit and pay to the use of the Poor in such Town, the Sum of Five Shillings, and have the said Sum with the Charges of prosecution le [...]ied by distress and sale of his or her Goods or Chattels, or otherwise be Committed to Prison until the same be paid. And the Constables of each Town are required from time to time to observe and perform the Orders that shall be given them as aforesaid, on pain of being Fined to the use of the Poor within such Town, not exceeding Forty Shillings.

Provided nevertheless, & be it further Enacted by the Authority afore­said, That in any Town where the Members of the Council, and the Justi­ces of the Peace within such Town, together with the Select men thereof, or the Select men by themselves,Provision for keeping a Watch in a­nother form where it may be judged better. where no Member of the Council nor Ju­stice dwells, shall judge that a Watch may be kept in such Town more for the benefit and safety thereof in other manner than is herein before directed, the Inhabitants also agreeing to support the Charge thereof, The Justices in the Court of General Sessions of the Peace within the County where such Town does lye, upon application to them made in that behalf, are hereby impowred and authorized to direct and order the Rule for apportioning and levying of such Sum upon the Inhabitants and Residents in such Town, as shall be granted by the Town for that purpose in such man­ner as they shall judge most equal and reasonable, by Polly Estate, or both, to be applied accordingly.

An Act for Rebuilding the Great Bridge o­ver Charles River in the Town of Cambridge.

WHEREAS the great Bridge over Charles River in the Town of Cambridge within the County of Middlesex, is of common use and Advantage to the greatest part of this Province▪ considering the publick benefit of the Colledge, and was at first by a General Contribution of the Counties of Suffolk and Middlesex Erected. The said Bridge being now gone to Decay: And forasmuch as said Town of Cambridge are not able to Rebuild the same; and for the encouragement to the new building of said Bridge.

Be it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Autho­rity of the same, Allowance out of the Treasury for Rebuilding said Bridge. That for and towards the Rebuilding and a new Ma­king the great Bridge aforesaid▪ there shall be paid out of the Publick Treasury of this Province, the Sum of One Hundred Fifty and Three Pounds Money, (One Hundred and Three Pounds, part of a greater Sum formerly granted by the General Assembly for the use aforesaid, not being paid, to be understood and intended to be part of the aforesaid Sum of One Hundred and Fifty Three Pounds.)

And further for the use and and aforesaid.

It is Ordained and Enacted, That there shall be paid by the Coun­ty of Middlesex, How the fur­ther charge thereof is to be proportio­ned. the Sum of Fifty Pounds Money: And by the County of Suffolk, the like Sum of Fifty Pounds Money. And for the supplying of what shall be fu [...]ther necessary for the Rebuilding said Bridge. The Town of Cambridge shall pay two third parts, and the Town of Newton, shall pay one third part of the Cost and Charges. And the Justices of the Peace for the respective Counties aforesaid at the next General Sessions of the Peace, shall, and are hereby Impowred, Authorized and Required to Assess and Collect, the respective Sums aforesaid in manner and form as they Assess and Collect other County Charges; and the Select-men of the Towns aforesaid, to Assess the proportions aforesaid, as in other Town Charges.

And further for the more effectual Accomplishing the work aforesaid.

It is Enacted, That Nathaniel Byfield, Esq. Major James Converse, Captain Andrew Belcher, Committee to take care about re­building said Bridge. Mr. Jonathan Remington, Mr. Thomas Oliver and Mr. Edward Jackson, shall be a Committee, who are also hereby Impow­red to receive out of the Publick Treasury and of the Counties and Towns aforesaid, the respective Sum and Sums in and by this Act Grant­ed, and to be Assest and Collected as aforesaid; and shall according to the true intent and meaning thereof cause the said Bridge to be forth­with Erected and sufficiently Rebuilt, any Law, Custom or Usage to the contrary notwithstanding: And that after the said Bridge is Rebuilt and Finished.How to be repaired and maintained afterwards. It shall from time to time be Repaired and Maintained at the Charge of the said Towns of Cambridge and Newton, in the proportion aforesaid.

An Act in Addition to the Act, For Regulating of Townships, &c.

BE it Enacted by His Excellency the Governour▪ Council and Representatives in General Court Assembled▪ and by the Authority of the same, That the Freeholders and other In­habitants of each Town du [...]y qualified to Vote in Town Affairs at the time of their Annual Meeting, for the Choice of Town Officers,Town [...] chosen. shall Choose a suitable person to be Treasurer for such Town, who shall be Sworn before a Justice of the Peace, to the true and faithful discharge of his Trust who is hereby Impowred to administer the said Oath. And such Treasurer shall, and hereby is Impowred to demand and recive all Debts▪ Rents and Dues belonging or owing to such Town, or the poor thereo [...]; And to Sue for,his [...] and recover the same by due process in the Law; And shall pay out such Monies according to Order from the Select men, or Overseers of the Poor, pursuant to such Instructions as they shall receive from the Town; And eve­ry such Treasurer shall annually make and render a true Accompt to the Town of all his Receipts and Payments:to [...] And shall have such allow­ance for his Service, as shall be agreed and ordered by the Town.

An Act for giving necessary Supplies to the Eastern Indians, and for Regulating of Trade with them.

WHEREAS the Indians in the Eastern Parts of this Province, some time since in Hostility and Rebellion, having submitted themselves, and recognized their Subjection and Obedience to [...]he Crown of England, have now dependance upon th [...] Go­vernment for supplies of Cloathing and other Necessaries. To the intent therefore that they may be [...]u [...]nished with the same at such easy Rates and Prices as [...] them to adhere firmly to the English Interest.

Be it Enacted by His Excellency the Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same ▪ That Provisions,Supplies [...] Trade wi [...] the Indian [...] be sent to [...] Mary at Sa [...] &c. Cloathing and all other Supplies suitable for a [...] the said Indians, to the value of Six Hundred Pounds, be forthwith and [...]rom [...]ime to time procured by the Treasurer and Receiver General of [...], or such other person or persons as His Excellency the Governour [...] the advice and consent of the Council, shall appoint for that pur­pos [...] [...] paid for out of the Publick Treasury of this Province: And that [...] quantity of said Supplies be sent and lodged from time to time at [...] Fort Mary at Saco, to Trade with such Indians as shall come there▪ And at such other place and places as the Governour, with the advice [...] Council▪ shall direct and appoint, as far as the River of St. Georges, to [...] Indians [...] shall be in those Parts: And that a sufficient quantit [...] of said Supplies be likewise sent unto Dunstable to Trade with the Indians of Penne [...]k and parts thereabout, who are not to be allowed to come into any of the Towns upon or near Merrimack River to Trade, but only to Wat [...]ick, a place so called within the said Township of Dunstable. And no Trade shall be allowed in the County of Hampshire with any Indians.

[Page 158] And for the better management of [...] Trade with the said Indians.

Be it further Enacted by the Authority aforesaid, That His Excellency the [...]overnour, with the advice and consent of the Council, do appoint a suitable person or persons to be Truck Masters to have the care and manage­ment of the Trade with the said Indians.Truck Mas­t [...]rs to be appointed to manage said Trade. Which Truck Masters shall have Instructions given them to Sell and Dispose of such Provisions, Cloathing and Supplies as shall be from time to time committed to them to Trade with for the best profit and advantage of the Publick that they ma [...] ▪ So as they be sure to Undersell the French; and not to Sell any Strong Liquors to the Indi­ans be any time, no [...] to trust them for any considerable matter, nor to take them considerable pledge of them, nor the forfeiture thereof at any time. And the said Truck Masters shall return and deliver unto the Treasurer or such other person or persons as shall be appointed as aforesaid, for procuring the said Sup­plies, all such Goods, Skins, Pelt [...]y, Castorium, and other things as shall be produced, or come to their hands by the said Trade with the Indians, on in lieu of the Goods that shall be Sold unto them; to be by the said Treasurer▪ or other person or persons as aforesaid, Sold and Disposed to the best advantage, and the produce thereof to be laid out in procuring such further Supplies as there may be occasion. And the said Truck Masters shall keep fair Accompts of the Trade and Dealing [...] with the said Indians,Who are to keep fair Ac­compts, &c. & shall return the same from time to time to the Treasurer, or other person or per­sons to be appointed for procu [...]ing such Supplies as aforesaid. And such Truck Masters shall, before they enter upon the Management of the said Trade, be Sworn to be faithful therein, and to observe such Instructions as shall be given them by the Governour,And to be Sworn. with the advice of the Council from time to time, and not to Trade for any thing with the said Indians on behalf or for account of themselves or any other particular person or persons.

Penalty on other persons for Trading with the In­dians. And be it further Enacted by the Authority aforesaid, That no person or persons whatsoever, other than those to be imployed as Truck Masters as aforesaid, shall or may presume by themselves, or any other for them, directly or indirectly to Truck, Ba [...]ter, Buy, Sell, Deal or Trade with any Indian or Indians in any place within this Province, to the Eastward of P [...]cataqua River or in any other place or places on or near Merrimack River, or Nashaway Ri­ver. On pain that every person or persons so Trading, shall Forfeit the Sum of Fifty Pounds, and all such Goods as he or they shall have been Trading with or for, and the Vessel or Vessels such person or persons shall have been Tra­ding in or with, or the value thereof. One Moiety of the said Forfeitures to be unto His Majesty▪ to be laid out in procuring supplies to Trade with the said Indians on account of the Province, and the other moiety to him or them that shall inform and sue for the same, in any of His Majesties Courts within this Province that shall have cognizance thereof. And the Comman­der or Truck Master on Board any Vessel to be improved for Trading with the Indians to the Eastward of Piscataqua River, shall be, and hereby is im­powred to Sei [...] any Vessel or Vessels that shall have been Trading with the In­dians,Power of Seizure. and shall be afterwards met with by him, and shall bring or send such Vessel or Vessels into some Port in order to Tryal.

And all persons that shall be imployed as Truck Masters, or otherwise rela­ting to the said Trade with the Indians, shall have and receive such Salary or Allowance for their Service therein, as the Governour and Council shall order and appoint.

Provided this Act shall continue in force for one whole year, and to the end of the Sessions of the General Assembly next after, and no longer.