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 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 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 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, 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 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, 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.

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 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, 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 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 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 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, 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 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 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 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 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 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 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, 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 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 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 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.

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 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 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.

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.

Juſtices Fees.   l. s. d. FOR every Attachment or Summons for Actions not exceeding Forty Shillings, Six pence. 00 00 06 See Act impowring Juſtices to decide differences not exc • eding 40 s. page.Sub paena, each Witneſs, Two-pence. 00 00 02 Entring the Action, Three Shillings. 00 03 00 Every Execution, Two Shillings. 00 02 00 Filing Papers, each Paper, Two-pence. 00 00 02 Every Warrant for Criminals, One Shilling. 00 01 00 Bond for Appeal, One Shilling. 00 01 00 Copy of Evidences, the leaſt Six-pence. 00 00 06 Copy of a Judgment, Six pence. 00 00 06 Every Recognizance, Two Shillings. 00 02 00 Confeſſing Judgment, One Shilling. 00 01 00 Affidavit out of Court, One Shilling. 00 01 00 Each days Attendance at the Seſſions, to be paid out of the Fines, Four Shillings. 00 04 00 Acknowledging of a Deed or Mortgage or any other Inſtrument, Two Shillings. 00 02 00 Coroners Fees. FOR taking every Inquiſition, to be paid out of the Eſtate of the Deceaſed, Thirteen Shillings and Four-pence. 00 13 04 If no Eſ • a • e then to be paid by the County Treaſurer, Six Shillings and Eight pence 00 06 08 Fees for Probate of Wills, granting Adminiſtrations, &c. FOR granting Adminiſtration, Bond and Letter of Adminiſtration, under the Seal of the Office, if the Inventory amount to Thirty Pounds or upwards, to the Judge Four Shillings, to the Regiſter, Three Shillings Six pence. •• 07 06 If the Inventory be under Thirty Pounds Five Shillings. 00 05 0 • Probate of a Will where the Inventory amounts to Thirty Pounds or upwards; to the Judge Three Shillings and Six pence, to the Regiſter, Two Shillings and Six pence. 00 06 0 • If under Thirty Pounds, Four Shillings. 00 04 00 Recording a Will or Inventory of one page, and Filing the ſame, Two Sh • llings and Si • pence. 00 02 06 If more, each page of twenty eight lines, eight words in a line, One Shilling. 00 01 00 For a Copy of a Will or Inventory, Twelve-pence a page, each page to contain as aforeſaid. 00 01 00 Allowing Accomp • s, Setling and Dividing of Inteſtate Eſtates, Five Shillings. 00 05 00 Every Citation, One Shilling. 00 01 00 Every Quietus, Four Shillings. 00 04 00 Warrant for Apprizement, Two Shillings. 00 02 00 Making out a Commiſſion to receive and examine the Claims of Creditors to Inſolvent Eſtates and Regiſtring of the ſame, Three Shillings. 00 03 00 Regiſtring of the Commiſſioners Report after the rate of One Shilling per page, to be accounted as aforeſaid.       For Entring an Order upon the Adminiſtrator to pay out the Eſtate in proportion unto the ſeveral Creditors returned by the Commiſſioners, One Shilling and Six pence. 00 01 0 • Secretary's Fees. FOR Engroſſing the Acts or Laws of the General Aſſembly, Ten Shillings each, to be paid out of the Publick Revenue. 00 10 0 • Every Commiſſion for the Juſtices of each County, and Commiſſion of Oyer and Terminer, Ten Shillings, to be paid out of the Publick Revenue. 00 10 0 • Every Commiſſion for a Military Officer, Three Shillings. to be paid out of the Publick Revenue. 00 03 00 Special Warrant or Mittimus by Order of the Governour and Council▪ each Two Shillings and ſix pence. 00 02 06 Every Commiſſion under the Great Seal for Places of Profit, Ten Shillings. 00 10 00 Every • ond, Two Shillings. 00 02 00 Every Order of Council 〈◊〉 the benefit of particular perſons, Two Shillings and ſix pence. 00 02 06 Every Petition to the Governour and Council or General Aſſembly according to the Import from Two Shillings and Six-pence, to Ten Shillings.       A Paſs or Sea Brief, Three Shillings. 00 03 00 A Bill of Health, Three Shillings. 00 03 00 Every Writ for Electing of Aſſembly-men directed to the Sheriff or Marſhal, under the Province Seal, Five Shillings, to be paid out of the Publick Revenue. 00 05 00 For Tranſcribing the Acts or Laws paſſed by the General Aſſembly into a Book, Twelve pence a page, each page to contain Twenty Eight Lines, eight words in a line, & ſo proportionably, to be paid out of the Publick Revenue.      

In the Superiour Court.

The Juſtices Fees. ENTRY of every Action for Tryal, Twelve Shillings. 00 12 00 out of which to the Clerk, Two Shillings. 00 02 00 Taking every ſpecial Bayl, Two Shillings. 00 02 00 Allowing of a Writ of Error, Three Shillings. 00 03 00 Allowing a Habeas Corpus, Two Shillings. 00 02 00 Confeſſing Judgment, Two Shillings. 00 02 00 Acknowledging ſatisfaction of a Judgment on Record, One Shilling. 00 01 00 In all Criminal Caſes where a Fine is ſet, Six Shillings. 00 06 00 Taxing every Bill of Coſt, One Shilling. 00 01 00 Clerks Fees. EVERY Writ and the Seal, One Shilling and Six-pence. 00 01 06 Every Rule of Court, Six-pence. 00 00 06 Filing every Declaration, One Shilling. 00 01 00 To the Jury to be paid down by the Plaintiff, Six Shillings Six pence 00 06 06 Entring Appearance, Six pence. 00 00 06 Signing a Judgment by default, One Shilling. 00 01 00 Taking every Verdict and Recording it, One Shilling. 00 01 00 Copies of all Records, Twelve pence. a page, each page containing twenty eight lines, eight words in a line. 00 01 00 Leſs than one page, One Shilling. 00 01 00 Every Action withdrawn or Non-Suit, One Shilling. 00 01 00 Every Petition Read, One Shilling. 00 01 00 Order thereon, One Shilling. 00 01 00 Filing the Records of each Action, Two-pence a Paper. 00 00 02 Every Execution, Two Shillings. 00 02 00 In Criminal Caſes. Drawing and Ingroſſing every Indictment or Information, Two Shillings. 00 02 00 Every Appearance, Six-pence. 00 00 06 For the Diſcharge of any perſon upon Bail for the peace, good behaviour, contempt and the like and Warrant thereon, One Shilling. 00 01 00 For Awarding and making forth Proceſs againſt the Defendant on Information, One Shilling. 00 01 00 Every Warrant for the peace or good behaviour, One Shilling. 00 01 00

In the Inferiour Court.

Juſtices Fees. ENTRY of every Action, Ten Shillings. Of which the Clerk 1 quarter. 00 10 00 Of which the Clerk is to have Two Shillings. Of which the Clerk 1 quarter. 00 02 00 Taking Special Bail, Two Shillings. Of which the Clerk 1 quarter. 00 02 00 Co •• eſſing Judgment, One Shilling. 00 01 00 Ack ••• ledging Satisfaction of Judgment on Record, One Shilling. 00 01 00 Taxing every Bill of Coſt, One Shilling. 00 01 00 whereof Six pence to the Clerk. 00 00 06 To the Jury to be paid down by the Plaintiff, Six Shillings, Six pence. 00 06 06 Clerks Fees. FOR every Writ and Seal, One Shilling. 00 01 00 Entring Appearance, Six pence. 00 00 06 Entring and Recording the Verdict, One Shilling. 00 01 00 Making up the Record, One Shilling. 00 01 00 Copys of all Records, Twelve-pence. each page as before▪. 00 01 00 Every Action withdrawn or Non-Suit, One Shilling: 00 01 00 Every Executio • , Two Shillings. 00 0 • 00 Clerk of the Seſſions or Peace, his Fees. ENTRING Complaint or Indictment, Two Shillings ▪ 00 02 00 Diſcharge of a Recognizance, One Shilling. 00 01 00 Making forth Proceſs againſt Criminals, One Shilling. 00 01 00 Every Summons, Three pence. 00 00 03 Every Warrant for the Peace, or good Behaviour, One Shilling. 00 01 00 Every Licenſe for Houſes of publick Entertainment or Retailing, Four Shillings. 00 04 00 whereof two to the Clerk. 00 0 • 00 Sheriff or Marſhals F •• s. Or Conſtables FOR Serving every Summons for Tryal, One Shilling. 00 01 00 Every Capias or Attachment, Two Shillings and if above one mile, Three pence per Mile beſides; Bayl Bond One Shilling. 00 02 00 Levying Execution, for the firſt Twenty Pound or under, One Shilling per Pound, above that, not exceeding Forty Pound, Six pence per Pound. 00 01 00 Above Forty Pound, not exceeding One Hundred Pound, Three pence per Pound, for whatſoever it exceeds One Hundred Pound, Two pence per Pound, beſides Four pence per Mile for Travel from Home.       Every Tryal, One Shilling. 00 01 00 Every Precept for Chooſing of Repreſentatives, Two Shillings, to be paid out of the County Aſſeſsment. 00 02 00 Cryers Fees. FOR calling of the Jury, Six-pence. 00 00 06 Every Non Suit, Twelve-pence. 00 01 00 Every Verdict, Twelve pence. • 0 01 00 Goalers Fees. FOR Turning of the Key upon every Priſoner Committed Five Shillings, viz. Commitment 2 s. 6 d. Diſcharge 2 s. 6 d. 00 05 00 For Diet for each Priſoner, Two Shillings and ſix-pence per week, and ſo proportionable, he finding the ſame. 00 02 06

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 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.

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 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 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 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, 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 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 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.

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 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 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 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 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, 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 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.

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 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.

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.

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 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.

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 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.

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.

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.

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.

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 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 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 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 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,   l s d York, Ten Pounds. 10 00 00 Wells, Ten Pounds. 10 00 00 Kittery, Twenty-Pounds. 20 00 00 Iſle of Shoales, Five Pounds. 5 00 00 Edgar Town, Forty One Pound. 41 00 00 Chilm •• k, Twenty One Pounds, ſix ſhillings, eight-pence. 21 06 08 Tisbury, Twenty One Pounds ſix ſhillings eight pence. 21 06 08 Na • tuckett, Eighty Pounds. 80 00 00 Southfield, Twenty Pounds. 20 00 00 E • field, Five Pounds· 05 00 00 Eaſtham, Ninety Pounds, ſixteen ſhillings eight pence. 90 16 08

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.

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.

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.

Viz. Price of Wheat Weight of penny white loaf, Weight of penny whe • t •• , Weight of penny 〈◊〉 . s. d. oz. dr. oz. dr. oz. dr. At 3 0 11 4 17 2 23 00 3 6 10 2 15 3 20 04 4   09 2 13 7 18 04 4 6 08 3 12 5 16 05 5   07 5 11 4 15 03 5 6 07 1 10 5 14 02 6   06 4 09 7 13 0 • 6 6 06 0 09 0 1 • •• 7   05 6 08 5 11 04 7 6 05 2 08 • 10 04 8   05 0 07 4 10 00 8 6 04 6 07 1 09 04 9   04 4 06 6 09 0 •

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 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, 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.

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 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 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 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, 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 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,

Summons for Appearance before a Juſtice of Peace. Eſſex ſſ.

TO the Sheriff or Marſhal of the ſaid County of E. or either of their Deputies or Conſtables of the Town of S. within the ſaid County, or to any or either of them. Greeting.

In His Majeſties Name you are Required to Summon and give notice unto T. P. of S. aforeſaid, _____ addition _____ (if he may be found in your Precincts) that he appear before me J. H. Eſqr. one of His Majeſties Juſtices of the Peace for the County aforeſaid, at my Dwelling-Houſe in S. on _____ the _____ day of _____ at _____ of the Clock in the _____ noon, then and there to anſwer to E. L. of M. _____ addition _____ in an Action or plea of _____ which is to the damage of the ſaid E. L. the Sum of _____ Shillings, _____ as ſhall then and there appear, with other due damages. You are alſo hereby further required to ſignifie unto the ſaid T. P. That he may not fail in the premiſes as he will anſwer the Contempt at the peril of the Law in this Caſe made and provided; and of this Writ with your doings therein, you are to make true Return u • to my ſelf at or before the ſaid _____ day of _____ Dated at S. _____ the _____ day of _____ In the _____ Year of His Majeſtie • Reign. Annoque Domini

J. H.

Eſſex ſſ.

TO the Sheriff or Marſhal of the ſaid County of E. or either of their Deputies,Warrant for Contempt. or Conſtables of the Town of S. within the ſaid County, or to any or either of them. Greeting.

Whereas T. P. of S. _____ addition _____ was Served with Summons granted by me J. H. Eſqr. one of His Majeſties Juſtices of the Peace for the County aforeſaid, for his appearance before me, on _____ the _____ day of _____ to anſwer E. L. of M. _____ addition _____ in an action or plea of _____ And whereas the ſaid T. P. hath made default in his ſaid appearance. Theſe are therefore in His Majeſties Name to will and require you to take the Body of the ſaid T. P. (if he may be found in your Precincts) and him ſafely keep, ſo that he may be had before me the ſaid J. H. at my Dwelling-Houſe in S. on _____ the _____ day of _____ at _____ of the Clock in the _____ noon, as well to anſwer the ſaid E. L. of his plea aforeſaid, as for his ſaid Contempt, and make true Return of this Writ with your doings therein, unto my ſelf at or before the ſaid _____ day of _____ Da • ed at S. the _____ day of _____ In the _____ Year of His Majeſties Reign. Annoque Domini.

J. H.

Eſſex ſſ

TO the Sheriff or Marſhal of the ſaid County of E. or either of their Deputies or Conſtables of the Town of S. within the ſaid County or to any or either of them. Greeting. Attachment before a Juſtice of Peace.

In His Majeſties Name you are required to attach the Goods or Eſtate of T. P. of S. _____ addition _____ to the value of _____ Shillings and for want thereof to take the Body of the ſaid T. P. (if he may be found in your Precinct) and him ſafely keep, ſo that he may be had before me J. H. Eſqr. one of His Majeſties Juſtices of the Peace for the County aforeſaid, at my Dwelling-Houſe in S. on _____ the _____ day of _____ at _____ of the Clock in the _____ noon, then and there to anſwer to E. L. of M _____ addition _____ in an Action or plea of _____ which is to the damage of the ſaid E. L. the Sum of _____ Shillings as ſhall then and there appear with other due damages. Hereof fail not, and make due return of this Writ with your doings therein unto my ſelf at or before the ſaid _____ day of _____ Dated at S. the _____ day of _____ In the _____ Year of His Majeſties Reign. Annoque Domini

J. H.

Eſſex ſſ.

WILLIAM the Third by the Grace of GOD of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To the Sheriff or Marſhal of our ſaid County of E. or either of their Deputies, or Conſtables of the Town of S. within our ſaid County,Execution granted by a Juſtice of Peace. or to any or either of them. Greeting. Whereas E. L. of M. _____ addition _____ on the _____ day of _____ before J. H. Eſqr. one of our Juſtices of the Peace for our County aforeſaid, recovered Judgment againſt T. P. of S. _____ addition _____ for the Sum of _____ Shillings Debt or Damage, and _____ Shillings and _____ pence for Charges of Suit as to us appears of Record, whereof Execution remains to be done. We Command you therefore, That of the Money of the ſaid T. P. or of his Goods or Chattels within your Precinct, at the value thereof in money you cauſe to be levied, paid and ſatisfied unto the ſaid E. L. the aforeſaid Sums being _____ Pounds _____ Shillings and _____ pence in the whole, and alſo that out of the ſaid Money, Goods or Chattels, you levy Two Shillings more for this Writ, together with your own Fees; and for want of ſuch Money, Goods or Chattels of the ſaid T. P's, to be by him ſhewn unto you, or found within your Precinct to the acceptance of the ſaid E. L. for ſatiſfying the aforeſaid Sums: We Command you to • ake the Body of the ſaid T.P. and him Commit unto the Keeper of our Goal in S. in our County aforeſaid within the ſaid Priſon: Whom we likewiſe Command to receive the ſaid T P. and him ſafely keep, until he pay unto the ſaid E. L. the full Sums above menti • ned, and be by him releaſed, and alſo ſatisfie your Fees. Hereof fail not, and make due return of this Writ with your doings therein unto our ſaid Juſtice within Sixty Dayes next coming. Witneſs our ſaid Juſtice at S. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

J. H

Suffolk ſſ

WILLIAM the Third by the Grace of GOD of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. Attachment to the Superiour or Inferiour Court reſpectively To the Sheriff or Marſhal of our ſaid County of S. his Under-Sheriff or Deputy. Greeting. We Command you to attach the Goods or Eſtate of D. T. of B. _____ addition _____ to the value of _____ Pounds and for want thereof to take the Body of the ſaid D. T. (if he may be found in your Precinct) and him ſafely keep, ſo that you have him before our Juſtices at our next _____ Court of _____ to be holden at B _____ within or for our County aforeſaid, on the _____ Tueſday of _____ then and there to anſwer unto C. L. of R _____ addition _____ in an Action of _____ which is to the damage of the ſaid C. L. the Sum of _____ Pounds, as ſhall then and there appear with other due damages: And have you there this Writ with your doings therein. Witneſs E. H. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

J. W. Clerk.

Suffolk ſſ

WILLIAM the Third by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To D. T. of B _____ addition _____ Greeting. Summons to the party whoſe goods are Attached. We Command you, That you appear at our _____ Court of _____ to be Holden at B. within or for our County of S. aforeſaid, on the _____ Tueſday of _____ to anſwer unto C L. of R _____ addition _____ in an Action of _____ which Action the ſaid C. L. hath commenced, to be heard and determined at the ſaid Court: To reſpond which your Goods or Eſtate are attached to the value of _____ Pounds, the damage laid in the ſaid Action being _____ Pounds. Hereof fail not at your peril. Witneſs E. H. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

J. W. Clerk.

Suffolk ſſ

WILLIAM the Third, by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. Execution out of the Superiour or Inferiour Court reſpectively. To the Sheriff or Marſhal of our ſaid County of S. his Under Sheriff or Deputy. Greeting. Whereas C. L. of R _____ addition _____ recovered Judgment againſt D▪ T. of B _____ addition _____ before our Juſtices of our _____ Court of _____ holden for or within our County aforeſaid, on the _____ Tueſday of _____ for the Sum of _____ Pounds Debt or Damage, and _____ Pounds _____ Shillings and _____ Pence Coſts of Suit, as to us appears of Record, whereof Execution remains to be done. We Command you therefore, That of the Goods, Chattels or Lands of the ſaid D. T. within your Precinct, you cauſe to be paid and ſatisfied unto the ſaid C. L. at the value thereof in money, the afo • eſaid Sums, being _____ Pounds _____ Shillings and _____ Pence in the whole, with Two Shillings more for this Writ, and thereof alſo to ſatisfie your ſelf for your own Fees. And for want of ſuch Goods, Chattels or Lands of the ſaid D. T's to be by him ſhewn unto you, or found within your Precinct to the acceptance of the 〈◊〉 C. L. to ſatisfie the aforeſaid Sums, We Command you to take the Body of the ſaid D. T. and him Commit unto the Keeper of our Goal in B· in our County aforeſaid within the ſaid Priſon, whom we likewiſe Command to receive the ſaid D. T. and him ſafely to keep, until he pay unto the ſaid C. L. the full Sums above mentioned, and be by him releaſed, and alſo ſatisfie your Fees. Hereof fail not, and make Return of this Writ with your doing therein unto our ſaid _____ Court of _____ to be holden at B. upon the _____ Tueſday of _____ next. Witneſs E. H. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

J. W. Clerk.

Suffolk ſſ

WILLIAM the Third, by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith▪ &c. Writ of Facias haberi poſseſſionem, and Writ of Fieri Facias for damages and coſts out of the Superiour or Inferiour Court reſpectively. To the Sheriff or Marſhal of our ſaid County of S. his Under Sheriff or Deputy. Greeting. Whereas A. B. of C. _____ addition _____ before our Juſtices of our _____ Court of _____ holden for or within our County aforeſaid, at B. upon the _____ Tueſday in _____ by the Conſideration of our ſaid Court, recovered Judgment for his Title and poſſeſſion of and in a certain Meſſuage or Tenement with the appurtenances, or _____ acres of Land, &c. lying and being in the Town of D. againſt E. F of G. _____ addition _____ who had unjuſtly put out and amoved the ſaid A. B. from his poſſeſſion thereof; and alſo at the ſaid Court recovered Judgment for _____ Pounds _____ Shillings and _____ Pence for Coſts and Damages which he has ſuſtained by reaſon of the ſaid offence and ejectment, and expended for the removal thereof, as to Us hath been made to appear of Record. We Command you therefore, that without delay you cauſe the ſaid A. B. to have poſſeſſion of and in the ſaid Meſſuage or Tenement with the appurtenances of ſaid _____ acres of Land, &c. We alſo Command you, That of the Goods, Chattel or Lands of the ſaid E. F's. within your Precinct, at the value thereof in money, you cauſe the ſaid A. B. to be paid and ſatisfied the aforeſaid Sum of _____ Pounds _____ Shilling and _____ Pence, which to the ſaid A. B. was adjudged for his Coſts and Damages, with Two Shillings more for this Writ, and thereof alſo to ſatisfie your ſelf for your own Fees. And for want of ſuch Goods, Chattels or Lands of the ſaid E. F. to be by him ſhewn unto you, or found within your Precinct▪ to ſatisfie the aforeſaid Sum. We then Command you to take the Body of • the ſaid E. F. and him commit to the Keeper of our Goal in B. in our County aforeſaid, within the ſaid Priſon: Whom We likewiſe Command to receive him the ſaid E. F. and him ſafely to keep, until he pay unto the ſaid A. B. the full Sum above mentioned, and be by him releaſed, and alſo ſatisfie your Fees. Hereof fail not, and make Return of this Writ, with your doings therein unto our ſaid _____ Court of _____ to be holden at B. upon the _____ Tueſday in _____ next. Witneſs T. D. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

A. D. Clerk.

Suffolk ſſ

WILLIAM the Third, by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith,Writ of ſcire facias out of the Superiour or Inferiour Court reſpectively. &c. To the Sheriff or Marſhal of Our ſaid County of S. his Under Sheriff or Deputy. Greeting. Whereas C. D. of B. _____ addition _____ before our Juſtices of our _____ Court of _____ holden for or within our ſaid County of S. at B. on the _____ Tueſday of _____ In the _____ Year of our Reign. By the conſideration of our ſaid Juſtices recovered againſt A. B. of E. _____ addition _____ the Sum of _____ Pounds _____ Shillings and _____ Pence, Debt or Damage, and alſo _____ Pounds _____ Shillings and _____ Pence, for Coſts and Charges by him about his Suit in that behalf expended, whereof the ſaid A. B. is convict as to Us appears of Record, and although the Judgment be thereof rendred, yet the Execution of the ſaid Debt and Coſts doth yet remain to be made, whereof the ſaid C. D. hath ſupplicated Us to provide remedy for him in that behalf. Now to the end that Juſtice be done. We Command you, That by honeſt and lawful men of your Precinct, you make known to the ſaid A. B. that he be before our Juſtices of our ſaid _____ Court of _____ to be holden within or for our ſaid County of S. at B. on the _____ Tueſday of _____ to ſhew cauſe (if any he have) wherefore the ſaid C. D. ought not to have his Execution againſt him of the Debt and Coſts aforeſaid, and further to do and receive that which our ſaid Court ſhall then conſider, and have there then the names of them by whom to him you ſhall make known the ſame and this Writ. Witneſs E. H. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

J W. Clerk.

Suffolk ſſ.

WILLIAM the Third, by the Grace of GOD, of England, Atachment to Review at the Superiour or Inferiour Court reſpectively. Scotland, France and Ireland, KING, Defender of the Faith, &c. To the Sheriff or Marſhal of our ſaid County of S. his Under-Sheriff or Deputy. Greeting. We Command you to attach the Goods or Eſtate of I. M. of H. _____ addition _____ to the value of _____ Pounds: And for want thereof to take the Body of the ſaid I. M. (if he may be found within your Precinct) & him ſafely keep, ſo that you have him before our Juſtices at our next _____ Court of _____ to be holden at B. for our County aforeſaid, on the _____ Tueſday of _____ then and there to anſwer unto L. K. of R. _____ addition _____ on review of an Action or Suit commenced and Tryed by the ſaid I. M. againſt the ſaid L. K. Defendant at the _____ Court of _____ holden at B. aforeſaid, on the _____ Tueſday of _____ where Judgment was rendred for the ſaid I. M. to recover of the ſaid L. K. _____ and coſts of Suit, which Judgment the ſaid L. K. ſaith▪ is wrong & erronious, and that he is thereby damnifyed the 〈◊〉 of _____ Pounds, as ſhall then and there be made to appear: For the 〈◊〉 whereof and recovering back the ſaid _____ granted 〈◊〉 the ſaid • M by the Judgment aforeſaid; he the ſaid L. K. bringeth _____ 〈…〉 his coſt and damage occaſioned thereby. And have you there this 〈◊〉 with your doings therein. Witneſs T D. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

A. D. Clerk.

Suffolk ſſ. To A. B. of C. Greeting.

YOu are hereby required in His Majeſties Name to make your apperance before His Majeſties Juſtices of the next _____ Court of _____ to be holden within or for the ſaid County of S. at B. upon the _____ Tueſday of _____ to give Evidence of what you know relating to a Plea or Action of _____ then and there to be heard and tryed betwixt A. B. of C. _____ addition _____ Plaintiff,Summons for Witneſſes to give Evidence. and D. E. of F. _____ addition _____ Defendant. Hereof fail not, as you will anſwer your Default under the pains and penalty of the Law in that behalf made and provided. Dated in B. the _____ day of _____ In the _____ Year of His Majeſties Reign. Annoque Domini

J, W. Clerk.

Suffolk ſſ.

TO the Sheriff or Marſhal of the ſaid County of S. his Under-Sheriff or Deputy or Conſtables of the Town of B. within the ſaid County, or to any or either of them. Greeting.

Replevin.In His Majeſties Name you are Required to Replevin _____ belonging unto T. P. of B. _____ addition _____ now diſtreined or impounded by J. G. of B. _____ addition _____ and deliver the ſaid _____ unto the ſaid T. P. provided he give Bond to the value of _____ Pounds, with ſufficient Surety or Sureties to proſecute his Replevin at the next Inferiour Court of Common Pleas to be Holden for the County aforeſaid, at B. on the _____ Tueſday of _____ and ſo from Court to Court, until the Cauſe be ended, and to pay ſuch Coſts and Damages as the ſaid J. G. ſhall recover againſt him. Hereof fail not, and make true Return of this Writ with your doings therein unto the ſaid Court. Dated in B. the _____ day of _____ In the _____ Year of His Majeſties Reign. Annoque Domini

J. W. Clerk.

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

Suffolk ſſ.

WILLIAM the Third, by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To A. B. Eſqr. Greeting. Whereas in the Record and Proceſs, and alſo in giving Judgment of a Suit which was before you, and other our Juſtices of our Inferiour Court of Common Pleas holden at B. within or for our ſaid County of S. on the _____ Tueſday of _____ between C. D. of E. _____ addition _____ Plaintiff,Writ of Error. and F. G. of H. _____ addition _____ Defendant, in an Action of _____ Error manifeſt doth appear to have intervened to the grievous damage of the ſaid F. G. as of his Complaint, We have received: We therefore being willing that Error, (if any there be in this behalf) in due manner be corrected, and that ſpeedy Juſtice according to Law to the, ſaid F. G. be therein done, as it becometh Us, Command you, That the Judgment in the Suit aforeſaid, and Execution thereupon iſſued (if any be) together with the whole Record and Proceſs of the ſaid Suit, and all things touching the ſame in any manner, you have before our Juſtices of our Superiour Court of Judicatu • e, it be holden at B. for or within our ſaid County of S. on the _____ Tueſday of _____ under your Seal: So that our ſaid Juſtices of our ſaid Superiour Court may then and there have them, and the Proceſs and Record aforeſaid, & alſo may (after the ſame are by them inſpected) therein further • o what of right ought to be done: And if Execution of the Judgment aforeſaid be not made out before the receiving of this Writ, that then as well from granting thereof as from further taking, impriſoning, or in any thing moleſting the ſaid F. G. on the occaſion aforeſaid, until the Plea upon this Writ of Error to be corrected, depending undiſcuſſed▪ be fully determined, you altogether ceaſe and ſuperſede. Hereof fail not, and have then and there alſo this Writ with your doings. Witneſs T. D. Eſqr. at B. the _____ day of _____ In the _____ Year of our Reign. Annoque Domini

A. D. Clerk.

Suffolk ſſ

WILLIAM the Third, by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To the Sheriff or Marſhal of our ſaid County of S. his Under Sheriff or Deputy. Greeting. Superſedeas where Execution is granted before the taking out a Writ of Error. Whereas C. D. of E. _____ addition _____ before our Juſtices of our Inferiour Court of Common Pleas holden at B. within or for our ſaid County of S. on the _____ Tueſday of _____ recovered Judgment againſt F. G. of H. _____ addition _____ for _____ Pounds _____ Shillings Debt or Damage, and _____ Shillings for Coſts as to Us appears of Record. And whereas from the grievous Complaint of the ſaid F. G. We have received that in the Record and Proceſs and in rendring of Judgment in the Suit aforeſaid, Error manifeſt hath intervened to the grievous damage of the ſaid F. G. and We being willing that Error therein (if any be) in due manner be corrected, and that to the ſaid F. G. full and ſpeedy Juſtice in this behalf be done, have by Our Writ commanded A. B. Eſqr. Juſtice of Our ſaid Inferiour Court of Pleas: That the Judgment in the Suit aforeſaid, and Execution thereupon iſſued (if any be) together with the whole Record and Proceſs of the ſaid Suit, and all things touching the ſame in any manner, he have before Our Juſtices of Our Superiour Court of Judicature, to be holden at B. for or within Our ſaid County of S. on the _____ Tueſday of _____ under his Seal, that the Juſtices of Our ſaid Superiour Court (after inſpecting the Record and Proceſs aforeſaid) may therein further do what of right ought to be done. But foraſmuch as the Record and Proceſs aforeſaid, with all things touching the ſame, cannot be returned until the Sitting of the ſaid Superiour Court on the _____ Tueſday of _____ aforeſaid, and ſo Error therein (if any be) in the mean time cannot be diſcuſſed. We therefore Command you, That if Execution be iſſued upon or by occaſion of the Judgment aforeſaid you ceaſe and ſuperſede the levying of the ſame on the ſaid F. G. or on any of his Goods, Chattels, Lands or Tenements whatſoever, until the Plea upon Our Writ of Error to be corrected, depending undiſcuſſed, be fully determined. Hereof you may not fail, and have with you this Writ with your doings therein at the Superiour Court aforeſaid. Witneſs T. D. Eſqr. at B. the _____ day of _____ In the _____ Year of Our Reign. Annoque Domini

A. D. Clerk.

To the Conſtables of the Town of B. in the County of S. Greeting.

IN His Majeſties Name you are Required forthwith to Levy and Collect of the perſons named in the Liſt herewith committed unto you,A Warrant for Collecting of Town Aſſeſsments. each one his ſeveral proportion (as therein ſet down) of the Sum total of ſuch Liſt, being a Tax or Aſſeſsment granted and agreed upon by the Inhabitants of the ſaid Town of B. regularly aſſembled, for defreying of the neceſſary Charges ariſing within the ſame.

_____ And to deliver and pay in the Sum and Sums which you ſhall ſo Levy and Collect unto A. B. Treaſurer of the ſaid Town (where any ſuch is appointed) or to the Select-men, or to C. D. (being by them appointed to receive the ſame) at on or before the _____ day of _____ And if any perſon or perſons ſhall neglect or refuſe to make payment of the Sum or Sums whereat he or they are reſpectively aſſeſſed and ſet in the ſaid Liſt, to diſtrein the Goods or Chattels of ſuch perſon or perſons to the value thereof, at an equal and indifferent Apprizement, returning the Overplus (if any be) unto the Owner or Owners. And for want of Goods or Chattels whereon to make diſtreſs, you are to Seiz the Body or Bodies of the perſon or perſons ſo refuſing, and him or them to Commit unto the Common Goal of the ſaid County, there to remain until he or they pay and ſatisfie the ſeveral Sum or Sums aſſeſſed upon him or them as aforeſaid, unleſs the ſame or any▪ part thereof upon application made unto the Quarter or General Seſſions of the Peace ſhall be abated. Dated at B. the _____ day of _____ In the _____ Year of His Majeſties Reign. Annoque Domini

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.

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.

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 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 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 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 &c And 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 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 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 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.

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 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.

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. 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. For entring all Ships and Veſſels Trading to this place from abroad (excepting from the Provinces or Colonies of Penſilvania, New-York, Eaſt and Weſt Jerſeys, Connecticut, Rhode-Iſland, Narrag •• ſet, and New Hampſhire,) One Shilling. 00 01 00 For Examining and Recording Certificates that Bonds are given according to the Act of Navigation. Two Shillings. Fees. 00 02 00 For a Bond given according to the Act of Navigation, Two Shillings. 00 02 00 For Clearing and Certificate of the Lading. Two Shillings Si • pence. 00 02 06 For all Veſſels Trading to and from the Provinces or Colonies of Penſilvania, New York, Eaſt and Weſt Jerſey, Connecticut, Rhode Iſland, Narraga • ſett and New Hampſhire, Four Shillings per year, or Six pence entry and Sixpence clearing, each Voyage at the Maſters choice.      

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; 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.

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 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 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.

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.

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, 〈1 paragraph〉 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▪ 〈1 paragraph〉 and the Appellant enter into Recogni •• nce▪ with 〈…〉 within the 〈◊〉 of two hours next after, in a 〈…〉 at the Court Appea • ed to, and 〈◊〉 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.