An Act against Jesuits & Popish Priests.

WHEREAS [...] Jesuits, Priests and Popish Missionaries have of [...] and for some time have had their residen [...]e in the remote par [...]s of this Province, and other His Majesties Territory's near adjacent; who by their subtile [...]nformations, industriously labour to deban [...], seduce and withdraw the In­dians from their due Obedience unto His Majesty, and to excite and stir them up to Sedition, Rebellion and open Hostility against His Majesties Government.

For prevention whereof,

Be it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled: And it is Enacted by the Authority of the same. That all and every Jesuit, Seminary Priest,Jesuits▪ Priests &c to depart the Province by the 10th. of September. Missionary, or other Spiritual or Ecclesiastical Person made or ordained by any Authority, Power or Jurisdiction derived, challenged or pretended from the Pope or See of Rome, now residing within this Province or any part thereof, shall depart from and out of the same, at or before the tenth day of September next, in this present year, One Thousand and Seven Hun­dred

And be it further Enacted by the Authority aforesaid, Penalty on J [...]suits or Priests &c. that shall re­main or come into this Pro­vince after the 10th. of September. 1700. That all and every Jesui [...], Seminary Priest, Missionary or other Spiritual or Ecclesiastical person made or ordained by any Authority, Power or Jurisdiction, derived▪ challenged or pretended from the Pope or See of Rome, Or that shall profess himself, or otherwise appear to be such by practising and teaching of others to say any Popish Prayers, by celebrating Masses, granting of Absolutions, or using any other of the Romish Ceremonies and Rites of Worship, by or of what name, title or degree soever such person shall be called or known, who shall continue, abide, remain or come in to this Province, or any part thereof, after the Tenth Day of September aforesaid, shall be deemed and accounted an incendiary, and disturber of the Publick Peace and Safety, and an Enemy to the true Christian Religion, and shall be ad­judged [Page 178] to suffer perpetual Imprisonment, And if any person being so Sentenced and actually Imprisoned, shall break prison and make his Escape, and be afterwards re [...]ken, he shall be punished with Death.

Penalty for receiving or harbouring any Jesuit or Priest. And further it is Enacted, That every person which shall wittingly and willingly receive, relieve, harbour, conceal, aid or succour any Jesuit, Priest, Missionary, or other Ecclesiastical Person of the Romish Clergy, knowing him to be such, shall be fined Two Hundred Pounds, one moiety thereof to be unto His Maj [...]sty, for & towards the Support of the Govern­ment of this Province, and the other moiety to the Informer; and such person shall be further punished by being Set in the Pillory on three seve­ral days, and also be bound to the good behaviour at the discretion of the Court.

And be it also Enacted, That every Offence to be committed or done against the Tenour of this Act,How offen­ces against this Act shall be enquired of & determined sh [...]ll and may be enquired of, heard and determined in the Court of Assiz and General Goal Delivery, or be­fore Commissioners of Oyer and Terminer and Goal Delivery specially to be appointed, to Sit either wi [...]hin the County where the Offence is com­mitt [...]d, or where the Offender is apprehended or taken, or in any other County within the Province. Any Law, Usage or Custom to the contra­ry notwithstanding.

And further be it Enacted by the Authority aforesaid, That it shall and may be lawful to and for every [...] of the Peace [...]cause [...] person or persons suspected of [...] a Jesuit,Justices of the Peace to ap­prehend per­sons suspected to be Jesuits or Priests. Seminary Prie [...] or of the Rom [...]sh Clergy to be apprehended and convented before him [...]f or [...]me other of His Majesties Justices. And if such person do not [...]ve a s [...]sfa­ctory account of himself, he shall be committed to Prison in order to a Tryal.

Any person without a warrant may apprehend any Jesuit or Priest.Also it shall and may be lawful to and for any person or persons to ap­prehend without a Warrant any Jesuit, Seminary Priest, or other of the Romish Clergy as aforesaid, and to convent him before the Governour, or any two of the Council, to be Examined and Imprisoned in order to a Tryal; unless he give a satisfactory account of himself.

And as it will be esteemed and accepted as a good Service done for the King by the person who shall Seiz and apprehend any Jesuit, Priest, Missi­onary,Reward. or Romish Ecclesiastick as aforesaid; so the Governour with the Advice and Consent of the Council may suitably reward him as they shall think fit.

Provided, this Act shall not extend or be construed to extend unto any of the Romish Clergy which shall happen to be Shipwrackt,Saving for a­ny of the Ro­mish Clergy that shall be Shipwreckt, &c. or through other adversity shall be cast on Shoar or driven into this Province, so as he continue or abide no longer within the same than until he may have opportunity of passage for his departure, so also as such person immediately upon his arrival shall forthwith attend the Governour if near to the place of his residence or otherwise on one or more of the Council or next Justices of the Peace, & acquaint them with his Circumstances, and observe the directions which they shall give him, during his stay in the Province.

An Act for the Regulating of Prisons, and to prevent Escapes.

BE it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and it is E­nacted by the Authority of the same, Prison keep­ers to return a List of their Prisoners. That every Goaler or Keeper of the Kings Prisons within the several Countys in this Province, at the opening of the Court of Assize and General Goal Delive­ry, Court of Oyer and Terminer, and Court of General Sessions of the Peace, respectively to be holden within such County from time to time, shall return a List and Certify unto such Court the Names of all Prisoners than in his Custody, with the cause of their commitment, And also the Names of all other Prisoners that shall be committed unto him during the Sitting of any such Court, whereby the Justices of said Courts respectively may take cognizance thereof, and as well for the King as for the Parties, may proceed to make deliverance of such Prisoners according to Law, for the Crimes proper to the Jurisdiction of such Court: On pain that every Goaler or Prison Keeper for each default by him made in that respect, shall forfeit such Sum as shall be set upon him, by the Justices of the Court, not exceeding Ten Pounds.

Be it further Enacted by the Authority aforesaid, That whosoever br [...]keth Person or shall make his Escape from an Officer,Prison breach or flight to be accounted [...] o [...]e Evidence. after his being Arrested or Imprisone [...] for any Crime, his breach in Prison or Flight shall be accounted and esteemed in the [...] other Evidence to Convict him of the Crime wherewith he stands charged, in the Warrant for his Apprehend on or Commitment.

And if any person whatsoever,Penalty on persons that shall convey any Instru­ment or Tool into the Pri­son. shall directly or indirectly by any ways or means howsoever convey any Instrument, Tool or other thing whatsoever to any Prisoner, or into the Prison, whereby such Prisoner or any other Prisoner either▪ may or might break Prison, or work him or her self unlaw­fully out of the same, every person so offending, and being thereof convicted, shall forfeit and pay such Fine, as by the discretion of the Court shall be Imposed and set upon such Offender according to the nature of the cause of the Prison [...]s C [...]mmitment, not exceeding Twenty Pounds, or suffer corpral punishment by Whipping, not exceeding Twenty Stripes.

And if i [...] happen any Prisoner or Prisoners to make his or their Escape by means of any Instrument,Further Pe­nalty in case any Prisoner by means of such Inst [...]ument &c. do Escape. Tool or other thing conveyed as a­foresaid, the pe [...]son or persons conveying the same, shall be fined not exceeding Five Hundred Pounds, or be corporally punished by Whipping, not exceeding Thirty Nine Stripes, and find Sureties for the good behaviour du [...]ring the space of one year at the discretion of the Court according to the nature of the Crime or Crimes wherewith the Prisoner or Pris [...]ne [...]s stood charged in their Mi [...]timu [...]s or Warran [...]s of Commitment, and other circum­st [...]nces aggravating the Offence. And if any Prisoner or Prisoners so es­caping shall stand Convict of any Capital-Crime, the person or persons assisting or fur [...]h [...]ring their Escape as aforesaid, over and above their being fined or co [...]orally punished as before is directed and bound to the behaviour▪ shall also be stigmatized or burned in the Forehead or on the Cheek, with a hot Iron of the figure of the Letter B.

And further it is Enacted by the Authority aforesaid, That if the Pris [...]ner or Priso [...]ers so Escaping were Imprisoned for Debt,Escape of Prisoners for debt. the person or pe [...]s [...]ns assisting and furthering their Escape as aforesaid, shall be liable to pay the full Debt owing to the Creditor or Creditors at whose [Page 180] Suit such Prisoner or Prisoners stood committed, to be recovered by action or actions upon the Case therefore to be brought against the person or persons so offending as aforesaid, who shall also be fined or corporally punish't as aforesaid, at the discretion of the Court, not exceeding the fine or punishment before-mentioned.

And be it further Enacted, That every Goaler or Prison Keeper, that shall voluntarily suffer any Prisoner or Prisoners committed to his Custody to Escape,Penalty on the Goaler for a volun­tary Escape. upon due conviction thereof, shall undergo and suf­fer the like pains and penalties as the Prisoner or Prisoners so escaping should by Law for the Crime or Crimes wherewith he or they stood charged by the Warrant or Warrants of Commitment, if the Prisoner or Prisoners had thereof been convict.

Provided, That if any person assisting and furthering the Escape of any Prisoner in manner as aforesaid, or if the Keeper of the Prison that shall voluntarily suffer to Escape as aforesaid,Proviso. shall by any ways o [...] means recover any Prisoner or Prisoners so escaping, and return them back to Prison a­gain before prosecution had, and Judgment entred up against such person or Prison Keeper for such Escape, (which shall not be until six months past next after the Escape,) in such case the person or Prison Keeper so offending shall be liable to no further punishment than to pay such Fine as the Court that shall have cognizance thereof, in their discretion shall think fit to set upon him, according [...] the offence may be aggravated by the circumstances attending the same, and the degree of the Crime wherewith the Prisoner stands charged.

And in case the escape of any Prisoner happen through the negligence of the Goaler or Prison Keeper,For a negli­gent Escape. he shall pay such Fine as the Justices of the Court in thei [...] discretion before whom the Prosecution shall be, shall impose and set upon him according to the nature or degree of the offence for which the Prisoner escaping was taken and imprisoned▪ And i [...] the Prisoner so escaping were Imprisoned for Debt, the Prison Keeper shall be answerable to the Creditor for the full Debt, and he shall have his remedy against the Prisoner.

All fines and forfeitures arising by virtue of this Act, shall be applied to and for the repairing, maintaining and upholding of the Prison within the County where the offence shall be committed,Fines & For­feitures how to be applyed And be paid in to the County Treasurer to be imployed accordingly and not otherwise.

And be it further Enacted by the Authority aforesaid, That where the Escape of any Prisoner or Prisoners for Debt shall happen through the defect or insufficiency of any Prison from and after the twenty fifth day of March next,Escape of debtors thro' defect of the Prisons to be answered by the County. in the year One Thousand Seven Hundred and One, the County shall make good such Debt as the Prisoner so escaping did justly owe unto the Creditor or Creditors, at whose Suit he was Imprisoned, and the County shall have their remedy against the Prisoner.

And further it is Enacted, That there be sufficient Prisons forthwith provided within the several Counties, and from time to time kept so. And that the said Prisons be Erected and Maintained in the Shire, or County Town of each County respectively,Prisons to be Erected in each Shire or County Town. and in such other Towns as the Court of General Sessions shall see needful. And the Court of General Sessions of the Peace holden in the several Counties are to give effectual Order thereabout.

Any Law, Custom or Usage to the contrary notwithstanding.

An Act relating unto the Office and Duty of a Coroner.

BE it Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, Coroners to take Inquests on dead bo­dies. and by the Au­thority of the same, That every Coroner within the County for which he is appointed, shall be, and hereby is Impowred▪ to take Inquest's of Felonies, and other violent and casual deaths committed, or hapning within his Precincts.

And before he undertake the Execution of his said Office, shall take the following Oath for his due and faithful performance thereof,To be Sworn before the Governour, Lieutenant Governour, or any two or more of the Council, or such other person or persons as shall be thereto appointed by the Governour.

That is to say,

And be it further Enacted by the Authority aforesaid, That when and so soon as any Coroner shall be Certified of the dead Body of any person supposed to have come to a violent and untimely death,Coroner to make out warrants for Jurors. found or lying within his County or Precinct, he shall make out his Warrant direct­ed unto the Constables of the same Town where such dead body lyes, or of three or four of the next adjacent Towns, (if need be) Requiring them forthwith to Summon a Jury of good and lawful men of the same Town, or such number as shall be sufficient with those sent for from the Neigh­bouring Towns to make up Eighteen in all, to appear before him at time and place in the said Warrant exprest, which Warrant shall be made in this form, viz.

And every Constable unto whom any such Warrant shall come, shall forthwith Execute the same,Constables to Execute the Coroners Warrant. and repair unto the place at the time therein mentioned, and make return of the Warrant, with his doings therein unto the Coroner th [...] granted the same.

And every Constable failing of performing his duty by such Warrant re­quired of him, or returning the same as aforesaid, shall forfeit the Sum of Forty Shillings Also every person Summoned and Warned to be a Juror failing to appear accordingly▪ Penalty for default. shall also forfeit the Sum of Forty Shillings, without a reasonable excuse for the same be made unto, and allowed of by the Coroner.Penalty for Jurors default The aforesaid several Fines or Forfeitures to be to and for the de [...]eving of the Charges arising and hapning within the same County, and towards the [...] the necessary Charges of the Coroner and Jurors, to be recovered by Action,Fines how to be applyed. Bill, Plaint or Information, therefore to be brought by the Coroner in any of his Majesties Courts [...].

And the Coroner shall Swear [...] or more of the Jurors that appear, and give the Foreman (to be by him appointed) his Oath upon view of the Body in this Form. That is to say,

And then shall Swear the rest of the Jurors by three or four at once in this Form, viz.

The Jury being Sworn, the Coroner shall give them a charge upon their Oaths to declare of the death of the person, whether he dyed of▪ Felony, or by mischance and accident? And if of Felony, whether of his own or of anothers?Coroners charge to the Jurors And if b [...] mischance or misfortune, whether by the act of God, or of man? And if he dyed of anothers Felony, who were princi­pals and who ac [...]essaries? Who threatned him of his life or members▪ with what Instrument he was struck or wounded, and so of all prevailing cir­cumstances that can come by Presumption.

And if by Mischance or Accident, by the act of God or man, whether by hurt, fall, stroke, drowning or otherwise, to enquire o [...] the persons that were present, the finders of the Body, his Relations or Neighbours: Whe­ther he was kill'd in the same place or elsewhere; And i [...] elsewhere, by whom, and how he was thence brought, and of all other circumstances.

[Page 183]And if he dyed of his own Felony, then to enquire of the manner, means or Instrument, and circumstances concurring.

After the Jury being charged,Proclamation to be made. they must stand together and let Procla­mation be made for any that can give Evidence, to draw near, and they shall be heard.

And every Coroner is hereby further Impowred to send out his Warrant for Witnesses, commanding them to come to be Examined before him,Warrant to be sent out for Witnesses. and to declare their knowledge concerning the matter in question. And to ad­minister an Oath unto the Witnesses in this Form. That is to say,

The Examination of such Witnesses to be taken in Writing under their hands. And if they relate to tho Tryal of any person concerning the death of the party found dead, then shall tha Coroner bind over, such Witnesses by Recogniscance in a reasonable Sum,Witnesses to be bound over. not less than Twenty Pounds a piece, personally to appear at the next Assizes, or Court of Oyer and Terminer and Goal Delivery to be holden within the same County, then and there to testify their knowledge concerning the death of the said A. B. And the Jury having viewed the Body, heard the Evidence and made what Enquiry they can into the manner and causes of the death of the person, they shall draw up and [...] unto the Coroner their Ver­dict thereupon in writing under their Seals in manner following; which shall pass by Indenture interchangeably betwixt the Coroner and the Jury.

That is to say,

Then insert, how, where, at what time, by what means, with what Instrument, and in what manner, the party was kill'd, or came by his death.

And if it appear the person to have been kill'd and murthered by ano [...]her that is known.

The Inquisition must be concluded after this manner, viz.

If it appear to be Self-murder, the Inquisition must conclude after this manner, viz.

And so the Jurors aforesaid say upon their Oaths, That the said A. B. in manner and form aforesaid, then and there voluntarily and feloniously, as a Felon of himself did kill and murder himself, against the Peace of Our Soveraign Lord the King, his Crown and Dignity.

If it appear the person to be Slain by misfortune, the Inqui­sition must conclude after this manner, viz.

If by the hands or means of any other person; thus, viz.

And the Coroner shall make return of all such Inquisitions taken before him unto the Justices of Assize, Oyer and Terminer and Goal Delivery.

Also upon any Verdict [...]ound of the death of a person by the Felony or misfortune of another, shall speedily Inform one or more of the next Justi­ces of the Peace thereof, to the intent, That such person killing, or being any ways instrumental to the death of another, may be apprehended Exa­mined and Secured in order to a Tryal.

And be it further Enacted by the Authority aforesaid, That over and above the Fee already allowed by Law, the Coroner shall be al­lowed the Sum of Ten Shillings Per Diem for his Travail and Expences upon every Inquisition by him taken,Fees. and every Juror attending the said Service shall be allowed Two Shillings Per Diem, which allowances shall be paid out of the Estate of the Dead person, or by the Pa­rent or Master where any Apprentice or Child under Age shall hap­pen to be kill'd. And in want thereof to be paid by the County Trea­surer, out of the Treasury of such County; Upon Representation there­of made by the Coroner to the Quarter Sessions.

And every Coroner within the County for which he is appointed, shall be, and hereby is Impowred to Serve and Execute all Writs and Processes, directed unto him against the Sheriff or Marshal of the same County;Coroners to Serve Writts, &c. And to return Jurors de talibus circumstantibus, where need shall be, to fill up the Jury or Juries, in all causes wherein the Sheriff or Marshal is concerned, or related to either of the parties in any cause. And shall have the like Fee for Serving of Writts in Civil Causes as is allowed by Law unto the Sheriff.

An Act providing for Posthumus Children.

FORASMUCH as it often happens that Children are not born till after the death of their Fathers, and also have no provision made for them in their Wills.

Be it therefore Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Autho­rity of the same, Posthumus Children to have a pro­portion, &c. That as often as any Child shall happen to be born after the death of the Father without having any provision made in his Will, every such Posthumus Child shall have Right and Interest in the Estate of his or her Father, in like manner as if he had died Intestate▪ and the same shall accordingly be assigned and set out as the Law directs for the distribu­tion of the Estates of Intestates.

And whereas through the anguish of the deceased Testatur; or through his solici­ [...]ous intention tho' in health; or through the oversight of the Scribe, some of the Testators Children are omitted and not mentioned in the Will; Many Children also being born after the making of the Will, though in the life time of their Parents.

Be it therefore Enacted by the Authority aforesaid, And such [...] have no Le­gacy given them▪ That any Child or Children not having a Legacy given them in the Will of their Father or Mother, every such Child shall have a proportion of the Estate of their Pa­rents given and set out unto them as the Law directs for the distribution of the Estates of Intestates.

Provided, Such Child or Children have not [...] an equal proportion of his Estate bestowed on them by the Father in his Life-time.

And whereas it sometimes happens that a man having formerly made his Will, Widows not to be preju­diced by Wills made before Mar­riage. doth afterwards marry a Wife, and then dies; and the Will comes to be proved, to the injury of such Wife: In all such Cases, the Widow shall have such proportion of her late Husbands Estate assigned her, as if he had died Intestate, as the Law directs for the distribution of the Estates of Intestates.

Any Law, Usage or Custom to the contrary notwithstanding.

Provided, That nothing in this Law shall extend to any Estate disposed of by Will, already Settled.

An Act in addition to the Act for the equal distribution of Insolvent Estates.

WHEREAS in and by the Act Entituled, An Act, For the equal Distribution of Insolvent Estates made and past in the [...]ghth Year of His Present Majesties Reign, amongst other things there­in contained: It is Enacted, That every Judge of Probate of Wills, and granting Administrations within the respective Counties, be, and thereby is fully Authorized and Impowred to call before him, and to require and administer an Oath unto any person or persons probably suspe­cted by any Executor or Administrator to have conceal'd, imbezel'd or con­vey'd 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 [Page 186] conversant with or near unto him in the time of Sickness, or left in possession of the Estate whereby to strengthen and make the suspition more violent, and shall refuse to clear and acquit him or her self upon Oath. It shall and may be lawful for, and the Judge is 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.

And whereas it has been observed, That sometimes Executors or Administrators have neglected their duty or been too favourable in not complaining of persons of whom there has been just suspicion of making concealments, imbezelments, or convey­ing away part of the Estate belonging to their Testator or Intestate, whereby great wrong and injury has [...].

For Remedy whereof.

Be it Enacted by His Excellency the Governour, Council and Re­presentatives, in General Court Assembled, and by the Authority of the same, That every Judge of Probate, be, and hereby is alike Impowred to call before him, and to require and administer an Oath unto any person or persons probably suspected of making any concealment,All persons [...]erested [...] com­plain of Im­bezelment. imbezelment or conveying away any of the Moneys, Goods or Chattels of any person deceased, as well upon the complaint of any [...], Creditor, Legatary, or other person having lawful right or [...] to or in such Estate, as of the Ex­ecutor or Administrator. And in case the party suspected (such suspicion being strengthned and made more violent for any of the causes before men­tioned) shall refuse to discharge him or her self upon Oath, thou to proceed against them by Imprisonment as the afore recited Act directs. Saving to any person agrieved, the liberty of an Appeal from any such Sentence to the Governour and Council, the Appellant giving Security to prosecute such Appeal with effect in manner as is by Law directed.

An Act Prohibiting the Exportation of Raw Hides, Upper-Leather, and Tann'd Calve-Skins, from out of this Province, other than for England.

WHEREAS the frequent Shipping out of this Province, Raw-Hides, Upper-Leather, and Tann'd Calve Skins, for Holland and other Places, hath been much to the Damage of this Pro­vince, not only by reason of the choicest of said Hides and Upper-Leather going off: but the great quantities; That many times the Necessity of the Province cannot be supplied.

Be it Enacted by the Governour, Council and Representa­tives in General Court Assembled, and by the Authority of the same, That from henceforth no Raw Hides, Upper Leather, or Tann'd Galve-Skins,To give Bond to Land in Eng­land, be laden on Board any Ship or Vessel, before the Master give Bond to the Commissioner for Impost or Receiver for the time being to the val [...] of Five Hundred Pounds, with sufficient Surety, that the same shall be by the said Ship or Vessel carried for England, Wales, Port or Town of Berwick upon [Page 187] Tweed, and no other place, and be there Landed, and put on Shoar (the Danger of the Seas only Excepted) and shall in Eighteen Months time re­turn a Certificate of the same. And if any shall pr [...]me,Hides other­wise laden to be forfeit. to lade on board any Ship or Vessel, any Raw-Hides, Upper Leather, or Tann'd Calve Skins, before Bond be given as aforesaid, he shall forfeit the same, and the Master of the Vessel shall forfeit the value of all such Raw-Hides, Leather or Tann'd Calve Skins that he shall know to be on board such Vessel.

And if any Ship or Vessel, shall carry from out of this Province, any Raw Hides, Upper-Leather or Tann'd Calve-Skins before Bond given as aforesaid▪ Master knowing of it, to forfeit double the value. or any Seiz [...]e be made: Every Master of such Vessel knowing thereof, shall forfeit and pay double the value of the same, and the Shipper doub [...] the value of what shall be so Shipped. Provided that Information [...] or Prosecution for the same be had and made within the space of Eighteen Months next after the Offence committed, and not afterwards.

The afore mentioned several Forfeitures, to be [...] by Action, [...]ll, Plaint or Information in any of His Majesties Co [...] of Record, within this Province, and to be imployed and disposed of, one half thereof for and to­wards the Support of His Majesties Government within the same, and the other half to him or them that shall Inform and Sue for the [...].

And it shall and may be lawful to and for every Justice of the Peace, up­on Information given of any [...] Hides, Upper Leather, or Tann'd Calve-Skins laden or put on board any Ship or Vessel, and [...] not given as afore­said, to Issue out his Warrant under his Hand▪ I S [...]l, directed to the Water Bayliff, or to the Sheriff or his Deputy or Constable, requiring them respectively to make Sei [...]ure of any such Raw Hides, Upper Leather or Tann'd Calve Skins Shipt as aforesaid, and to Secure them in order to Tryal, who are hereby respectively impowred and required to Execute such Warrant.

An Act for the continuing and further grant­ing unto His Majesty several Duties of Impost and Tunage of Shipping.

WHEREAS the Act Entituled, An Act, For [...] the Duties of Impost granted at the Session of the General Assembly, begun and held the Twenty fifth day of May, One Thousand Six Hundred Ninety Eight, And for granting of other Duties of Impost instead [...] and past at the Second Session of the said General Assembly, continued by Pro [...] ­gation unto Tuesday the Fifteenth of November following, in the T [...]th Year of His Present Majesties Reign, is near Expiring.

Be it therefore Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and by the Autho­rity of the same, That the afore recited Act, Entituled, An Act, For dis­continuing the Duties of Impost granted at the Session of the General Assembly begun and held the Twenty fifth day of May, One Thousand Six Hundred Ninety Eight: And for granting of other Duties of Impost instead thereof, And all and [Page 188] singular the Paragraphs, Articles, Clauses, Powers, Penalties and Forfeitures, and other matters and things in the said Act contained, Except such as in and by this present Act are altered, repealed, or otherwise provided and directed. Be, and are hereby revived and further continued to be exercised, paid, demand­ed, recovered and applied to and for the uses in the aforesaid Act mention­ed, for and during the full time here [...] alter set for the continuance of this present Act.

And it is further Enacted, That for every Hundred Pound Sterling in English Merchandizes at the prime cost in England, over and above the Sum of Ten Shillings by the said Act provided to be paid, there be paid Ten Shillings more to make up Twenty Shillings in the whole for every Hundred Pounds Sterling in English Merchandizes at the prime cost in England.

And be it further Enacted by the Authority aforesaid, That there shall be paid by the Master of every Ship or other Vessel above twelve Tuns coming into any Port or Ports of this Province to Trade or Traf­fick, the major part of the Owners whereof are not belonging to this Province, every Voyage such Ship or Vessel does make, the Sum▪ of Twelve [...] per Ton, or one pound of good and new Gun powder for every Tun such Ship or Vessel is in burthen, to be paid unto the Commissi­oner of Receiver of the Duties of Impost, and to [...] [...]mployed for the sup­ply of His Majesties Castle and For [...] [...] this Province. And the said Commissioner is hereby impowred to appoint a meet and suitable person to repair unto, and on board any such Ship or Vessel, to take the exact Measure and Tunage thereof, in case he shall suspect that the Register of such Ship or Vessel doth not express and set forth the full burthen of the same. The charge thereof to be paid by the Ma [...]ter or Owner of such Ship or Vessel before she be Cleared, in case she appear to be of greater burthen; otherwise to be paid out of the Publick Treasury. And the said Commissi­oner and Receiver for his labour, care and expences in the management of his Office and what relates thereto, shall have and receive out of the Publick Treasury, the Sum of Seventy Pounds; his Deputy or Deputies to be paid for their Service, such Sum and Sums as the said Commissioner with the Trea­surer shall agree upon reasonable Terms.

And further it is Enacted, That the Naval Officer within any of the Ports of this Province, shall not Clear or give Passes to any Master of any Ship or other Vessel outward bound on any pretence whatsoever, until such Master shall produce and shew forth unto him a Certificate under the Hand of the Commissioner and Receiver of the Impost, that the Impost and other Duties for the Goods last Imported in such Ship or Vessel are paid, or secu­red to be paid.

Provided, That this [...] shall [...] in force from the Publication thereof, until the Twenty Ninth Day of June, which will be in the Year of our Lord, One Thousand Seven Hundred and One, and no longer.

An Act for Granting unto His Majesty, an Excise upon Wines, Liquors and Strong Drink Sold by Retail.

WEE His Majesties Loyal and Dutiful Subjects the Representa­tives of this His Province of the Massachusetts Bay in New-England, taking into Consideration the growing Charges of the Province; for Support of the Government thereof, and d [...] ­freying of the incident and contingent Charges in and about the same; for the subsisting and paying of the Souldiers belonging to the Garrison on Castle-Island near Boston; to Fort-Mary at Saco; and such as shall be imployed in His Majesties Service for and within this Province; for the payment of the Sala­ries and Allowances to the Officers imployed in and about the Execution of this Act; and such other Salaries and Allowances as have been or shall be made by the General Assembly, or directed by any Act thereof to be made out of the Publick Treasury. Have Chearfully and Unanimously given and granted, and do hereby give and grant unto His Most Excellent Majesty, for the ends, uses and intents aforesaid and no other, an Excise upon a [...]l Wines, Brandy, Rhum, and other distilled Liquors, Beer, Ale, Perry and Cyder that shall be Sold by Retail, in any Town or place within this Province, according to the several Rates herein after-mentioned and ex­pressed: And pray that it may be Enacted.

And be it accordingly Enacted by His Excellency, the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same, That from and after the Twenty Ninth Day of June, in this present year One Thousand Seven Hundred, for and during the space of one whole year from thence next Ensuing. Every person Licensed for Retailing of Wine, Brandy, Rhum or other distilled Liquors, Beer, Ale, Perry or Cyder, shall pay in currant money of this Province the Duties of Excise following. That is to say,

For every Gallon of Common Wines of the Western Islands, the Sum of Four Pence.

For every Gallon of Passado, Malago, Malmsey, Canary or Sherry Wines,Duties of Excise. the Sum of Eight pence.

For every Gallon of Madera, Port Wine, or other Wines not of any of the sorts before mentioned, the Sum of Six pence.

For every Gallon of Rhum and all other sorts of distilled Spirits, the Sum of Eight pence.

For every Barrel of Beer, Ale, Perry and Cyder, the Sum of Twelve-pence.

And after the same rate for any greater or lesser quantities.

And for the due and orderly collecting and receiving of the Excise aforesaid.

Be it further Enacted by the Authority aforesaid, That all and every person and persons Licensed, or that during the space of one year from the said Twenty ninth day of June, Licensed per­sons to k [...]p [...]n account of all Liquors &c. which they shall have in their houses, on the 29 of June. in this present year One Thousand Seven Hundred shall be Licensed to Retail Wine, Brandy, Rhum or other distilled Liquors, Beer, Ale, Perry, or Cyder, shall keep a true and exact Accompt of all such Wine, Brandy, Rhum or distilled Liquors, Beer, Ale, Perry or Cyder, which such person or persons on the said Twenty ninth day of June, shall have in his, her, or their House▪ or dependencies thereof, or other place or places for Sale, or which such person or persons at any time or times within the space of one year from the said Twenty ninth day of June, shall make, brew, distil, buy, take or receive into his her, or their Houses, Cellars or Dependencies thereof, or into the Houses, Cellars, Vaults, Rooms or other place or places of or belonging to any other person or persons for Sale: And that such Licensed person or persons shall at the end and expiration of every three [Page 190] months successively from the twenty ninth day of June aforesaid, render unto the Commissioner for Excise within such County to be appointed as is here­after mentioned, or the Officer or Officers which he shall imploy under him for that purpose, an Accompt upon Oath of all Wines, Brandy, Rhum or distilled Liquors,And of [...]hat they shall further take in &c. Beer, Ale, Perry or Cyder, by such person or persons made, brewed, distilled, bought, taken or received as aforesaid for Sale at any time or times within the said space of three months next foregoing or which at the beginning of such three months, such person or persons, had in his, her or their Houses, Cellars or other place or places as aforesaid for Sale, and no accompt thereof before rendred. Which Oath to the Ac­compts of such Licensed person or persons shall be made before the Com­missioner for Excise, or any Justice or Justices of the peace.

And be it further Enacted by the Authority aforesaid, That every person and persons Licensed or to be Licensed as aforesaid, for the Retailing of Wines,To pay the duties to the Commissio­ners. Liquors or Strong Drink, shall at the time of ren­dring his, her or their Accompt as above mentioned, pay unto the Com­missioner for Excise in the same County, or other Officer or Officers to be imployed under him for that purpose, all such Sum and Sums of mo­ney as sh [...]ll then have grown due from him, her or them for the Excise of Wines, Liquors or strong Drink made, brewed, distilled, bought, ta­ken in or received by him, her or them for Sale, according to the Ra [...]es herein before expressed: Saving, That Allowance shall be made such person or persons of Five and Twenty Per Cent. for Waste and Leakage, which the Commissioner for Excise in each respective County▪ or his Officer or Officers as aforesaid, is hereby or­dered and directed to allow unto such person or persons accordingly. And every Licensed person or persons as aforesaid, that shall neglect to render his,Penalty for neglect. her or their Accompts, and pay his, her or their Excise in manner and time as is herein before provided, shall thereby forfeit the Recogniscance by Law appointed to be taken of such person or persons, for his, her or their payment of the Duties of Excise according to Law, for his, her or their Draught. Which Recogniscances the Commissioner for Excise in any County by himself or his lawful Substitute or Substi­tutes is hereby impowred to put in Suit on His Majesties behalf against all and every Licensed person and persons so failing as aforesaid.

And be it further Enacted by the Authority aforesaid, That the Com­missioners appointed for the Collecting and Receiving of the Duties of Excise granted by the Act of the General Assembly past at their Session begun and [...]eld the Thirty first day of May, [...]issio­ [...]s power to Sue. One thousand six hundred ninety nine, shall be and are hereby impowred to Sue for and recover any Sum or Sums of Money, due or to be due from any Retailer or Retailers according to said Act, notwithstanding the expiration of the same, in as full and [...]mple [...] as they might have done, during the year wherein the same was of [...].

And be it further Enacted by the Authority aforesaid ▪ That th [...]e be one fit person in each County respectively and [...] and chosen by this Court, [...]mmissio­ [...]s to be ap­pointed for collecting the said duties. to be Commissioner and [...] Duties of Excise, and to have the general inspection, care and management of that Office, and of whatsoever relates thereunto, within said respective Counties; Each of which Commissioners shall receive Commission for the said Office from the Governour, with Authority to nominate, appoint, imploy and im­power, such and so many Officers under him, as he shall think necessary, for the Collecting and receiving the Duties of Excise aforesaid within the County for which he shall be Commissionated. And the said Commissioners and all other Officers under them, before their entring upon the Execution of their respective Offices shall be Sworn to deal truely and faithfully therein. And the said Commissioners shall also keep fair Books of all duties arising by virtue [Page 191] of this Act, which shall [...] open at all seasonable times to the view and peru­sal of the Treasurer and Receiver General of this Province, with whom they shall likewise Accompt for all Collections and Payments; and pay in all such Monies as shall be in their hands, unto the said Treasurer, as he shall demand it. And the said Commissioners for their labour,Commissio­ners allow­ance. care and expences in the said Office, shall have and receive the Sum of Two Shillings on the Pound for all such Sum and Sums as shall be Collected & Received by them respectively by virtue of this Act, for their own Service, Pains and Expences, and the pay­ment of all Officers imployed under them, Excepting the Commissioner for the County of Suffolk, who shall have One Shilling on the Pound for such Sums Collected

And be it further Enacted by the Authority aforesaid, That every person that shall presume to Sell any Wine, Brandy, Rhum, or other distilled Liquors, Beer, Ale, Perry or Cyder, by retail,Penalty for Selling without Licence. without having Licence according to Law for the same, shall forfeit and pay the Sum of Four Pounds, one half thereof to the Informer, and the other half to and for the use and support of a Free Grammar or Writing School or Schools in the Town where the Offence shall be committed: And in case there be not any such School in the Town where the Offence shall be committed, then to the use of any such School in the Town next adjacent, and that any justice of the Peace be, and hereby is Impowred to hear and determine any such Offence or Offen­ces. Any Law, Usage or Custom to the contrary notwithstanding.

Provided, That this Act shall continue in force for the space of one whole year from and after [...] Twenty Ninth Day of June, in this pre­sent Year One Thousand Seven Hundred, and no longer.

An Act for preventing abuses to the Indians.

WHereas some of the principal and best disposed Indians within this Province, have represented and complained of the Exactions and Oppression, which some of the English exercise towards the Indians, by drawing them to consent to, covenant or bind them­selves or Children Apprentices or Servants for an unreasonable term, on pretence of, or to make satisfaction for some small debt contracted, or damage done by them.

For Redress whereof,

Be it Enacted and Declared by His Excellency the Governour Council and Representatives, in General Court Assembled, and by the Authority of the same ▪ That from and after the Publication of this Act, no Indian shall c [...]n [...]act,No Indian to be put out Apprentice but by the allowance of two Justices. or put or bind him or her self or Child Appren [...] or a Servant to any of His Majesties Subjects, for any time of term o [...] years, but by and with the Allowance and Approbation of two or more of His Majesties Justices of the Peace, who are required to take special care that the Contract or Covenant so to be made, and the condition or terms thereof be equal and reasonable both with respect to the time for Service and otherwise.

And be it further Enacted by the Authority aforesaid, That the Justices of the General Sessions of the Peace within the respective Counties,Sessions of the Peace to hear & relieve such as are [...]grie [...] ­ed. be and hereby are impowred upon complaint made by any Indian Native of this Country, that is or shall be agrieved by reason of any Indenture, Cove­nant or Agreement heretofore made for any time or term of Service, not yet expired; to hear and relieve such Indian according to Justice and Equity, and to regulate and order the time for such Service, as they shall judge reasonable.

An Act in addition to the Act for due Regulation of Weights and Measures.

FOR Remedying of Unrighteousness and Oppression in dealing by the use of Mea­sures that are not of due breadth for Meal, Fruits and other things usually Sold by h [...]ap.

Be it Enacted by His Excellency the Governour, Council and Re­presentatives in General Court Assembled, and by the Authority of the same, That all Measures by which Meal, Fruits, and all other things usually Sold by heap, shall be Sold, be conformable as to bigness to the declared Pub­lick allowed Standards mentioned in the Act made and passed by the Ge­neral Assembly in the Year One Thousand Six Hundred Ninety Two, En­tituled, An Act, For due Regulation of Weights and Measures: And shall be of the full breadths following: That is to say, The Bushel not less within side then Eighteen Inches and half wide. The half Bushel not less than Thir­teen Inches and three quarters wide.The wedth of Measures for things Sold by heap. The Peck not less than Ten Inches and three quarters wide. And the half Peck not less than Nine Inches wide.

And if any person at any time from and after the first day of October next, after the Publication of this Act, shall Sell, expose to Sale, or offer any Meal, Fruits or other things usually Sold by heap, by any other measure than is a [...]ore­mentioned as to bigness and breadth. Such person being complained of, and convicted before any Justice of the Peace of so doing shall forfeit and pay to the use of the Poor of the Town where the Offence is commit [...]ed,Penalty for Selling by other Mea­sures. the full value of the Meal, Fruits or other things so sold or offered to Sale; and such Justice may commit the Offender to Prison until payment be made of the said Forfeiture, or cause the same to be levied by Warrant of Distress and paid in unto the Town Treasurer or Overseers of the Poor to the use of the Poor as aforesaid, and shall also ca [...]se such Measure to be de [...]aced. Any Law, Usage or Cust [...] to the contrary in any wise notwithstanding.

An Act for Reviving, and continuing of the Act Entituled, An Act for giving necessary supplies to the Eastern Indians, and for Regulating of Trade with them

WHEREAS the Act Entituled, An Act for giving necessary Supplies to the Eastern Indians, and for Regulating of Trade with them, made and passed by the General Assembly of this Province in the Eleventh year of His present Majesties Reign, is near expiring.

Be it therefore Enacted by His Excellency the Governour, Council and Representatives in General Court Assembled, and it is Enacted by the Authority of the same, That the aforesaid Act, Entituled, An Act for giving necessary Supplies to the Eastern Indians, and for Regulating of Trade with them; and all and singular the Paragraph's, Clauses and Ar [...]icles thereof, Powers, Penalties, Forfeitures, matters and things therein contained, be, and hereby are revived and further continued to abide and remain in full force, and to be exercised, practised and put in Execution for the ends, uses & purposes there­in mentioned, until the end of the Session of the Great and General Court or Assembly to be convened, held & kept on the last Wednesday of May next, which will be in the Year of our Lord God, One Thousand Seven Hundred and One, and no longer.