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CHARTER/LAWS & ACTS 1759
v • ; • - , , 7 s ' s • 13• ,t. - 1- •. . - , 22 • -4.: ' .•4 • trt44,. : • : 'UP., 'tie, 7„.• • 7V,;;•-•34‘.? 7144,- • -,5;i:„4„ • •1 • • ?),' . • e47.474./.. "irt0LY' t-kt I -. 7•7.: 7,..., • , , ".• '72 2" 2- . • • • • •:, .; , r. / • .; • . - A 2 7C/IJ4i•VAr`A . .// • , I A".././.2A:71404•fliiit..4.„"•.2.-,0 A.;;•1/4r AA,/ / • A' • • • • . "- T I • 7t. .. 1 - 3 1 ANDOVER THE CHARTER GRANTED BY WILLIAM AND MARY TO THE PROVINCE OF THE MASSACHUSETTS BAY. IN NEW ENGLAND. ALSO ACTS AND LAWS 1759 ORIGINAL BOOK IN THE OFFICE OF THE TOWN CLERK ANDOVER, MASSACHUSETTS MICROFILMED UNDER THE AUSPICES OF THE HISTORICAL SOCIETIES 1960 7. 7 „ 4.4" .: ,77" :‘ . „. .r ••• , ?„ • s • • • • I 3 t .3.4. ri.t.4.;4;: • „ ,„ • ." :..'..,4 ' 4;41.4,- , • It • • , ,, , , ,. t . , , , , .... ; , i, , , , . , ; r , . , , , , ., s , ss s ssii‘ss, sr,t, 1,,,,,,... ett 6,,,,,„111, j)..411. eke:.?9,4:;?1,!;Ottiqi'41:::•::::•ini' ' , 1 4 • 4. .„ , ;4. ,... d.; .... - 4...tiao,..6. 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A, h. r./ , • 's r • r %Tr` 7 • - . • 1:: • . 3';.,cr* .:" rt „ I it 1,, 2;:, 'I ;!: e • • 44; , ' r,r, ,LL,..• L , 1'..,44 Yr, • 77. 44,•• 'L. L 4. 44k41.4 41•1; 4' r. Li 444 ILL 4.4 'L LL *Oh; • 4 ".3 3 ',writ' t't lrc 1.12•7:1 • - • ..17,• !' LL 1.:141;64?5,J1"- .‘444":1"•,,;"(Lip;'/L:i ,j; 'r:i't,L:41L,,,4:44441LLAY 4L4Ldr e4TILL ;444'1 4'4 • 1',v. • 13, 4! 1'41; 41r; • •' • - ..". 44 r -11r. :44 "4 t"-.444,74=irri,r-t-v--e7,742n47,44:7,2-71.72tim"; . cat.' .1 Poo ta. /- " Ir 'I PA' • p•' 2-2.452;2 21Ptte&tIrt517;127i . ' . • •,• 2r4,77titIE 472'2 s - 2 :r t." :7.•;47 Yr:JP 4 .; 4. ;1 •• /04 • , . 2741/2"',4,.±12 r'7.1-7•ki 42;;Wracri.I.S:44;26 2riiTh Ar•At,712,,,t,a, 41#144( t. t v3. CPTIsat r: �S 1. • I •� t • 1 • 1 r d R' r' l .•r • AV ) LorA I to fti 11 /•1 i 1 (. 1.4 •1• t. • 4. (/ J .. . Wir /-, f -es rn- /4 1 fthtf r •u 1. I • A ,.y 0. 1 4 r s. • 1' r f V a n.; n 4., • 1 Pn i , iIJI Ii lOi I 'its - 01. • s } 4 CI ?It r, M 1 S. 1 • C r 1 t 1 l r 1' i 7 4 7 {_4,r t.1 1 l 1/ 4 1 • O 1t 1 A • / .4 t 1 1/4 5't c. n n t 1 \'1 s • • Li. • it • , r !n 1 1 T r • M1 c„ • 1 P 'Ke .1 u a C • Y c• i • I C r • t A 1 • 1 is r it 1 1 1111111 I�n SII ,, • C H T H E RTER Granted by their Majesties King WILLIAM AND Queen MARY, TO THE INHABITANTS OF THE p IZ oVI N G E OF THE MafathufettS1ay IN NEwENGLth BOSTON in NEW -ENGLAND Printed by S. KN E E L A N D, by Order of His Excellency the GOVERNOR, COUNCIL and Houfc ©f REPRESENTATIVES. M,DCC,LIX. 1 • J t 1 2, • P • t • 4 1' • • ' • t • y;y r, 1 • THE CH A Granted bytheir Majefties King WILLIAM A N D Queen MARY, TO T H E INHABITANTS OF THE P R O V I N C E O F -T HE MaJ/achufittssBay IN NEW -ENGLAND. BOSTON, in NEW -ENGLAND: byOrder of His Excellency the Printed by S. KN•E E L A N D, GOVERNOR, COUNCIL and Houfe of REPRESENTATIVES. M,DCC,LIX. • G • i 4 • ). ``d lJ!bhV Ila .,II IrrO�i P T, I3 4 41 •eo te• •e7• •tl• C7,• C9,• .0". •04. t •teettl tee ` e . •{M_ • . e5. Mee Cf' .0' •C�,• •�tl_l .e tom `U' • MJ. • � ••tl Da / }`'�• D. 3 y� OM) G���l35 {�: G�,2t�3bTsi�� ,G. typ �D`�G� {, v�� cJ :6 Dig: OW Yt• e.. . n ,,a• .•.)• •w �� •GJ• :j. .��..C�. .rJ. r -J. •CJ GJ GJ J• �J p' e CHAR T.E R of the Province of the Ma ache etts-Ba in New -England. I L L I AM and M II R r, by the Grace eof 1OD King i te nd Queen of England,Scotland,Irance andll, a7 Faith,&c. To all to whom there Prefcnts (hall come, Greeting, Whereas his lath Majefly King lames the firft, Our Royal Recital ?redeceffor, by his Letters Patents under uxc Great Seal of That Eing it f«mf1 I. ��;, / Day granted to the England,bearing DateatO eftminJeign, did give and rant��u unto council .o in the eighteenth Year Of his Reign, did d at Plymouth in the County of Devon, for the Planting, %'i7 thin the Council e{tabli(he y Ruling,OrderingandGoverningotNewEnglandin,Imerica,and totheirSucc fort s Dew") and 1�fiigns, all that Part of America lying and beina in Breadth from Y ��� that Parc Degrees of Northerly Latitude, from the Equino&ial Line to the forty eighth ithin of gnericez Degree of the raid Northerly Latitude, inclufive,I ands fromd in Len Sea to Seah of and vcoge Degrees0to4a. Nor. all the Breadth aforefaid throughout all the MainLatitude. they alfo with all the firm Lands, Soils, Grounds, Haven, Ports,Rivers,Wa- t rs, Fithings, Mines and Minerals, as well Royal Mines of Gold and Silver, as other Mines and Minerals, Precious Stones, Quarries, and all and fingular other Comwodities,JurifdiEtions,Royalties, Priviledges, Franchifes and Prebe- minences, both within the faid Traet of Land,upon the Main,and alio within the lflands and Seas aeijoining,Provided�always, that the faidr Lands,ant oEe lands, r any the Premifes by the faid Letters I atents int grant- ed,were not then aEually pofftffed or inhabited by any other Chriflian Prince or State, or within the Bounds Limits or Territories of the Southern Colony, then before granted by the Paid late King lames the first, to be planted by divers of his SubjeEs in the South Parts* : To have and to hold, poffefs To hold in and enjoy, all and fingular the aforefaid Continent Lands, Territories, Fee. Seas,Waters h ifhings, with all Islands, Hereditaments, and I'recinas,Liberties, Preheminences and all manner of their Commodities, Royalties, and Froths that fhould from theu'ceforth arise from thence, with all and fingu- lar their appurtenances, and every Part and Parcel thereof, unto the faid Council, and their Succeffors and Afrin;s for e'er, to the fole and proper Ufe. and Benefit'of the faid Council, and their Succeffors and Affigns forever : To be holden of his faid late Majefty King 1 antes the firfft, his Heirs and Succeffors, as of his Manner of Eaft Greenwich in the County :oy�ldina free g and Paydingnl there- �pa.;n the Sockage, and not in Cuprte hoe is by ia dtsSucceffors, the fifth Part of the Oar fifth Part of fore to the raid late King, of Gold and Silver, which fhould from Time to Time, and at all Times then the e Oand ail - of after happen to be found, aot;en, had and obtained, in, at, or within any of d the faid Lands, Limits, Territories or 1 recinEs, or in, or within any Partemands a d ver. C il. •f.A1 Parcel thereof, for or in Refpeel: of all andmanner the faid late�K�g lames the Services whatfoever, to be done,made or paid to firff, his Heirs and Succeffors (as in and by the faid Letters Patencs,amongfh sundry other Clauses, P6wers, Priviledges andGrants at large appeareth : ) and whereas the laid Council eftablitl ed at Plymouth h in the County of Devon, for the Planting, Ruling, Ordering and Governing of New -England in dmerica, did by their Deed indented under their Common That the Seal, bearing Date the Nineteenth Day of March, in the third Year of the Council ac Reign of Our Royal Grand -Father King Charles the first, of ever bluffed mory,Me- ply,noah give,grant, bargain, fell,enfeoff, alien and confirm to Sir HenryRorwell, granted tbi• �, Sir John Young, Knights, Thomas Southcottjohn Humphreys, john Endicott,and 2�et1 &others. Simon Whetconbe, their Heirs and AffignF, and their Affociates for ever, all that Part of New -England in America aforefaid, hich lies Ildr axtendsnbe- tween a great River there, commonly called Nd Parr of New. certain other River there called Charles .River, being in a Bottom of a Easiand by certain Bay there commonly called Mafachufetts, alias Mattachufetts, alias certai Mafatufett:-Bay, and alio all and fingular thole Lands and Hereditaments Bounds. dtihatfcrever, lying within the Space of three Engl i Miles on the South Part To hold in Fee. • paying &c. ThatK.7ames 1 by Letters Patents con- firm'd to Sir tie veyRofzeell, and others, ail thole Lands before granted to them by the Council at Pym;uth. C 2 j of the laid Charles River, or..of any and every Part thereof ; and alio all and fingular the Lands and Hereditaments whatfoever, lying and being within the Space of three L'nglifh Miles to the Southward of the fouthernioft Part of the Paid Bay called Ma-(fachufetls, alias Mattachufetts, alias Maffatufetts-Bay ; and alto all thole Lands and Hereditaments whatfoever which lie and be with- in the Spar: of three Englifh Miles to the Northward of the faid River called Manonlack alias Merimack, or to the Northward of any and every .Part thereof, and ,all Lands and Hereditaments whatfoever lying within the Limits afore- faid North and South in Latitude, and in Breadth, and,in Length, and Lon- gitude, of and within all the Breadth aforefaid throughout the main Lands there, from the flclantick and Weftern Sea and Ocean on the Eaft Parc to the South Sea on the' Weft Part, and all Lands and Grounds, Place and Places, Soil,Woods and Wood.Grounds, Havens, Ports, Rivers,Waters,Fifhings and Hereditaments whatfoever, lying within the faidBounds and Limits,and every Part and Parcel thereof ; and alto all Iflands lying in America aforefaid,in the faid Seas, or either of them on the Weftern or Eaftern Coafts or Parts of the Paid Tra&s of Land, by the faid Indenture mentioned to be given and granted bargained, fold, enfeoffed, alien'd and confirmtd,or any of them ; and alio all Mines and Minerals, as well Royal Mines of Gold and Silver, as other Mines and Minerals whatfoever in the laid Lands and Premiffes,or any Part thereof, and allurifdidtions Liberties,Freedoms, ,Rig Rights; Royalties, Liberties, ree,, oms, I mmuniries,Pri- viledges, Franchifes, Preheminences and Commodities whatfoever,which they the Paid Council eftablifhed at Plymouth in the County of Devon, for the Plant- ing, Ruling, Ordering and Governing of New -England in flsnerica, then had, or might ufe, exercife or enjoy,in or within the, faid Lands and Premifes,by the fame Indenture mentioned to be given, granted, bargained, fold, enfeoffed and confirmed, in or within any Part or Parcel thereof : To have and to hold the laid Part of New -England in dmerica,which lies, and extends,and is abutted as aforefaid, and every Part and Parcel thereof ; and all the Paid Iflands, Rivers, Ports, I-lavens, Waters, Filhings, Mines, Nlinerals, Jurifdiaions, Franchifes, Royalties, Liberties, Priviledges, Commodities, Hereditaments and Premifes whatfoever, with the Appurtenances, unto the Paid Sir Henry Ro%well, Sir John Young, Thomas Southcott, John Hurphreys,John Endicott, and SirnonWhetcombe, their Heirs and Affigns and their Affociates for ever, to the only proper and abfolute Ufe and Behoof of the Paid Sir Henry Rofwell, Sir John Young, Thomas Southcott, John Hnnrphryes, John Endicott, and Simon Whetcombe, their Heirs and Afligns and their Affociates forevermore : To be holden of our faidRoyal Grand father King Charles the Firf,his Heirs and Succeffors, as of his Mannor of Eaf -Greenwich in the County of Kent, in free sand common Sockage, and not in Capite nor byKnightsService,yielding and paying therefore unto Our faid Royal Grand-father,his Heirs and Succeffors, the fifth Part of the Oar of Gold. and Silver which fhould from Time to Tirne,and at all Times hereafter happen to be found, gotten, had and obtained in any of the Paid Lands within the faid Limits, or in or within any Part thereof, for and in Satisfadlion of all Manner of Duties, Demands and Services whatfoever, to be done,made or paid toOurfaid Royal Grand -father, his Heirs or Succeffors (as, in and by the Paid recited In- denture may more at large appear. And Whereas Our raid Royal Grandfather in and by his Letters Patents under the Great Seal of England,bearing Date at Weft mint er the fourth Day of March, in the fourth Year of his Reign, for the Confderation therein mentioned,did grant and confirm unto:the raid SirHenry Rofwell, Sir John Young, Thomas Southcott, John Humphreys, John Endicott,and Simon GVhetcombe, and ro theirAffociates after named,viz.Sirl<icbardSaltonfiall, Knight, Ifaac Johnfon, Samuel Alderley, John Ven, 117atthew Craddock, George Harwood, Increafe Nowell, Richard Perry, RichardBellinghanl,NathanielWright, Samuel Vafall, Theophilus Eaton, Thomas Gofe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Ifaffall, William Pincheon, and George Foxcroft, their Heirs and Affigns, all the faid Part'of New -England in America, lying and extending between the Bounds and Limits in the Paid Indenture ex preffed, and all Lands 'and Grounds, Place and Places, Soils,Woods and Wood Grounds, Havens, Ports, Rivers, Waters,Mines,Minerals,Jurifdidlions,Rights, Royalties, Liberties, Freedoms, Immunities, Priviledges, Franchifes, Prehe- minences and Hereditaments whatfoever ; bargained, fold, enfeoffed and con- firmed, • 01. l t 3 1 • firmed, or.thentioned of intended to be given, granted, bargained, fold, cri; feoffed,aliened and confirmed to them the faid Sir HenryRofwell,SirJohnToung, Thomas Southcott, John Humphreys, John Endicott, and Simon Whetcombe,their Heirs and Afiigns, and to their Affociates for ever, by the faid recited Inden- ture : To have and to hold the fail Parc of New England in dmerica,and other the Premifes thereby mentioned to be granted and confirrried; and rvery Part and Parcel thereof, with the Appurtenances, ro the faid Sir Henry Rofwell,Sir John Young, Sir Richard S'altonftall, `Phomas Soutbcott; John Humphreys, John .Endicott; 'Simon Whetcornbe, Ifaac Johnfon, Samuel Alderley, John Ven; Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard del ingham, Nathanael Wright, SamuelVa11al!, Theophtlus Eaton;T'homa;Gofe,T'hornas sdams, John Brown, Samuel Brown, ThonmsHutch ns,Wr.11iarn Pincheon, and George Foxcrojt, their Heirs and Affigns for ever;to their only proper and abfoluteUfe and$ehoof forevermore : 1'o be holden of our Paid RoyalGrand- father; his Heirs and Succeffors,as of his Mannor of Eaft Greenwich aforefatd,in free and common Sockage,and not in Capite nor by Knights Service ; and alto yielding and paying therefore to Our faidRoyal Grand-father,his Heirs and Suc- ceffors,the fifth Part only of all the Oar of Gold andSilver which fromTime to Time and at allTimes after fhould be there goc'en,had or obtained;forallScrvices, Exadiions and Derriands whatfoever, according to the Tenor and Refervation in the faid recited Indenture expreffed, And further Our faid Royal Grand- father by the Paid Letters Patents did give and grant unto the faid Sir Henry. Rofwell, Sir John Young, Sir Richard Saltonftall, Thomas Southcott, John Hum- phreys, John Endicott, Simon Whetcombe, Mitac Johnion,Samuel'Alderfey,Johnlfef; Matthew Craddock, George Harwood, Increafe Nowell, Richard Perry, Richard Bellingham; Nathanael Wright, Sdrnu,l Va(Tt11, Theophilus Eaton, Tbornas,Gofe; Thomas Adams, John Brown, Samuel Brown, Thoma( Hutchins, Wtl iam l�ajfldi, WilliamPincheon;andGeorgeFoxcroft,their Heirs and Afiigns; all thatfaidPart of ,New- England indrherica,which lies and cxrends'between a great River common- ly called Monotnack, alias IVIerimack-Riveriand a certain ocher River there called CharlesRiver, beingin the bottom of a ceriainBay there cblartionly called Mafaz cbufetts,al iasMattachufetts,al ids Mnfatufetts-Bay ; and alio all and fingular thole Lands&Hereditaments whatfoever,lying within theSpace of threeEng%tMvliles, on the South Part of the faid River called Charles River, or of any or every Part thereof ; and alfo all and fingul tr the Latids and Hereditaments whacfo- by cettain ever,lying and being within the Space of three Englifh Miles to theSouthward Bounds and of the fouthermoft Part of the laid Bay called :viajachufetts,al iasMattachufetts, Defcriptions; alias Mafatufetts-Bay ; and alto all thofeLands andHerediraments whatfoever, which lie and be within the Space of three Engltfh Miles to the Northward of the faid River called Monomack alias Merimack,or to theNorthward of any and every Part thereof,and all Lands acid Hereditaments whatfoever lying within the Limits aforefaid,North and South in Latitude,and Breadth, and in Length ndL;ongitude,of and within all the breadth aforefaid throughout theMainLands there,from the Atlantick orWeftern Sea and Ocean on theEaft Part;to theSoutla Sea on theWeft Part ; and all Lands andGrounds;Place and Placcs,Soils, Woods and W otidaLands, Havens; Ports, Rivets, Waters and Hereditaments whatfo- ever, lying within the faidBounds and Limits,and every Part and Parcel thereof ; and alto all Iflands in America atorefaid,in the faid Seas,or eitherot them on the Weftern or Eaftern Coafts or Parts of the faid Thais ot Lands, thereby men- tioned to be given and granted, or any of them; and. all Mines and Minerals, as well Royal Mined of Gold and Silver,as other Mines and Minerals whatfo- ever in the faid Lands and Premifessor any Part thereof ; and free Liberty of Filhing in or within any of the Rivers and Waters within the Bounds andLi- mics aforefaid,and the Saas thereunto adjoining ; and of allFifhes,RoyalFifhes, Whales, Balene,Sturgeon,and other Fifhes ot what Kind or Nature foever,thav fhould at any Time thereafter be taken in or within the faid Seas or Waters, or any of them, by the laid Sir Henry Rofwell;Sir John Toung,Sir Richard Sal- ton flail ;Thomas Southcott, John Humphreys, John Endicott,SimonWhetcombe,lfaae Jobnfon, Samuel Alder jey, John Ven, lV/atthewCraddock,George Harwood, Increafe Nowell, Richard Petry, Richard Bellingham, Nathanael Wright, Samuel Vaffall, Theepbilus Eaton, Thomas Gee, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vajall, William Pincbeon, and George Foxcroft, their Heirs • r4 Heirs «or Afigns_ or by any other. Perfon or Perfons whatfoever there inhabi- P ro •ided they ting; by them or any of them to be appointed to fifh therein. F'rovided.al ways, do not in- that if the faid Lands, Iflands, or any the Premifes before mentioned, and by trench on any the faid Letters Patents laft mentioned,. intended and meant to be granted, formerPoffeffi were at the time of granting . of the faid former Letters Patents, dared the ons orRights. third Day 01 November, in the Eighteenth Year of the Reign of his late Majefty K::.:n fames the fir'fY,..aEtually polfeffed or inhabited by any other Chriftian•Prince or State, or were within the Bounds., Limits or Territories Of the faid fouthern Colony then before ..granted by the ,faid King, to be planted by divers of his loving Subjedts in the South Parts of America, That then the faid Grant of Our faidRoyal Grandfather should not extend to any fuch Parts or Parcels thereof fo formerly inhabited, or lying within the • To hold in. any of the Southern Plantatidn as aforefaid., But as to thole Parts orPar- Fce, • cels fo poffeffed or inhabited by any fuck Chriflian Prince or State, or being within the Boundaries aforefaid,fliould be utterly void : To have and to hold, poffefs and enjoy the faid Parts of New -England in 1grnerica,which lie, extend, and are abutted as aforefaid, and every Part and Parcel thereof,; and all the Iflands,Rivers,Ports,Havens,Waters, Fifhings, Fifties, Mines,Minerals, Jurif- dilions, Francliifes,Royalties,Liberties,f rivileges,Conimodities, and Premifcs whit foever,with theAppurtenarices,unto thefaidSirflenryRofwell,Sir7obn2 oung; Sir Richard Saltonflall; `Fhoraas Southcott, John Humphreys, John Endicott,Simon. Whet combe,' I/acc Johnfon, Samuel Aldesfey,, John Ven, Matthew Craadock,George Harwood, Increafe Nowell, RithardPerry, RichardBellingham,Nathanael Wright; Samuel Valall, Theophilus Eaton, Thomas Gap, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Pa...fall, William. Pincheon;and George Foxcroft, their Heirs and Afligns for ever : To the only proper and abfolute Tile and Behoof of the faid Sir Henry Rofwell, Sir John :Young, Sir Richard Sale dozflall; Thomas Southcott, John Humphreys, John Endicott, Simon Whetcombe, 'lane Johnfon, Samuel Alderfey, John Fen, Matthew Craddock, George Harwood,, Increafe Nowell, Richard Perry, Richard Bellingham, Nathaniel Wright, Samuel. Va fall, I'heophalius Eaton, Thomas Goffe, Thomas Adams, John Brown, Samuel Brown, Thomas Hutchins, William Vaffall, William Pincbeon,andGeorgeFoxcroft, paying, &c. Their Heirs find Affagns for evermore : To be holdenof Our faid RoyalGrand- father,his Heirs andSucceffors,as of hisMannor of Egg -Greenwich in theCounty of Kent,within the Realm. of E,ngland,in free and common Sockage, and not in . •Capita not by Knights service : And alio yielding andp•a •ying �, therefore to Our faid Royal Grandfather, his Heirs and Succeffors, the filth Part only of all the Oar of Gold and Silver which from Time to Time and at all Times hereafter, fhould be gotten; hador obtained,for allServices,ExaeionsandDernandswhat- foever. Provided always, andHisMajefties exprefs Will and meaningwas,that only one fifthPart of all the Gold and SilverOar abovementioned in the whole, and no mare,fhouldbe anfwered,referved or payable untoOur faidRoyalGranda And triode father,his Heirs -and Succeffors,by Colour or Vertue of the raid lata mentioned them a Body Letterss Patents,thedoubleRefervations di -Recitals aforefaid,oranyThin= therein politic. contained notwithftanding. And to theEr:d thattheAf airsandBufinefs which' from Time to Time fhouldhappen and arife concerning the faidLands,and the Plantations of the fame, might be the better mana?ed and or.lered,and for the goodGoverntnient thereof,Our faid Royal Grandfather KingCharles the flrft,did by his faid Letters Patents create and make the faid Sir HenryRofwell,Sir John 7'oung, Sir Richard SdaltonJall, `I'honaas Southcott, John Humphreys, JohnEndicott, Sinton' Whetcotbe, Ifaac Johnfon, Samuel zilderfey, John Ven,Matthew Craddock; George Harwood, Increafe Nowell, Richard Perry,Richard Bcllingham,Nathanael Wright, Samuel JaJfall, Theophilus 'Eaton, Phomas Goffe, Thomas Adams, John gown, Samuel Brown, Phomas Hutchins, William Va1Jal1,WillianaPincbeton, and George Foxcroft, and all fuch others as fhould thereafter be admitted and made free of the Company and Society therein after mentioned, one Body corporate Whereupon and politique in Fara andName, by the Name of the Governour andCompany they fettled a of the Ma/f zchiufettf-Hay in Neth -England, and did grant unto them and their Colony and it Succeflors divers Powers, Liberties andPriviledges, as in and by the faidLetters became very b and at large appear. And Whereas the faid Gover- populous. Patents may ti�ore fully nour and Company of the Majfachufetts-Bay inNew- England, by Vertu of the faid LettersPatents did fettle a Colony of theEnglifh in thefaid Vans America, and C 5 i d and divers good Su'intothe be&s of this Kingdom, encouraged and invited b the las L� Letters Patents, did Tranfport theti�felves and tulous�and divers Counties, me, whereby the faid Plantation did become very populous, ed Towns and Places, were created, ere&ed, made, fet forth�nor nef for thewithin it in That in �`vGs the faid Parts of America, by the faid Governour Y and � in the thirty fixthYear in the Court e being : And whereas in the Term of they a ucjmnjent was of (,nrtucery a J Judgment was of the Reign of our deareft Uncle King Charles atttt� Second, upon a Writ of 1VCn that given in Our Court of Chancery thenm fitting Court againft the Governour ttilde Letters Scire faclas, brought and profccuted ibe cancelleu of the Ma achufet.s-Bay in New: England, that the laid Letters Patents fhould and Companyvacated and of Our faid Royal Grand Father King Charles theFi rft, bearingaD to hilated, Patents in the fourth Year ofgnat at y�iftminfi`er the 4th Day of March,and to the faid Governour and Company of the Mafach f ettAaa in brought intoV d granted Mme, {Mould be cane b;oug to be New England,and the Enrollment of the f� ,��, ,,,,�'ed and fhould be brought into the faid Court to be canceled, ( more annihilated, and b the faidJudgment remaining upon Ren°ermin to employed laid CoAgents in behalf Y feveral at large appear :) And wherea�chu efts Bay�nNew E Aland, have made their of Out' faid Colony of the Mal%' % leafed byOur The P.gents humble Application unto us, That We would be gracioufly p of rha� ony l Charter to incorporate Our Subjedts in Our. faid Colony, lane i and es aton Our Petitioned to grant Itoya priviledges an and confirm unto them fuch Powers, .: be re�ncorpo- i dom should be thought molt conducing. to Our Interefl and Service, be ed. Royal W , and to the Welfare and happy State of Our rS �liJe�ts in New -England o tohe End We being gracioufly pleated to gratify Our e� plu,�ou h inNew-Ejlglassdafore- Our good Subje�ts within Our Colony of of Government, as may put them in faid, may be brought under fuch • a better Condition of Defence, and confidering as well the granting ra t ti g unto Royal as unto Our Subjects in the faid Colony of the Mil hnufett tend not only al to Charter, with reaf:onable Powers and PrtvoE Our Subjedts in the faid Parts of the Safety, but to the flourifhitig Eftatt, .New -and alfo td the adijancing of the Ends for Which the fad�Pla d tatio s were Ks William Plan- tations were at firft encouraged ; of Our i �� do Grace; for Us, Our � �i��.}, unite fneerlVlotion,l-iavewslled and ordained, theNl�,���ht�- eirs and Succeffors Will and Ordain, That the Territories and Colonie, com the Names of the Colony of the Mali}chufetts-Bay, f;.ar,7A/1:g � Py. rn d Colony called dr w Pi �, l?out& ae t ew Pl r»ouch; the Province of Main,theTerritory calledflccada, �naut-� an the and of N y Main °CC of or Nova -Scotia ; and all that Tract of Land lying bin, be etween the nand r i oriel ,Scoara &c. inti oF1�Tova Scotia, and the faid Province of fents urate; erect and incorporate the lame one real Pro- d : And we do by thele Pre y vince. into one Real Province by the Name of ourPrdvince of the Mea h afet s-nd B er in New=England and of Our of pecial Grace, thele Prefn r Knowledge,, for s,Our Heirs Motion; We have given and granted; and y acid grant to rs, do give and grant unto Our good Subjects, the Inhabitants of and Said Provincethe ln Our faid or Territory of the May(�'achufentds-Baending from the great tants all cliofe all that Part of New -England in America, alying eri �gck,on the North part,and f nom Lands. herein River cortimonly called 1vlononaack,a boun ed three Miles Northward of the faid River to the Atlantick or y at oevern sl Sea or defcrabedand Ocean on the South Part,and all the Lands andHerehetatnents outermo{t Points or�ro- within the Limits aforefaid,and extean � �aaE fM��abar North and South; and in tnontories df Land called Cape -Cod, p Breadth and inLength andLongitude, of and within all the Breadth Latitude , , antick and Cornp afs aforefaid throughout the main Land there,frSouth SaidAtlWe(t- or Weftern Sea, and Ocean on the Ea{t Part towards tt t'e�ticut and the Narraganfett or Ward as far as our Colonies of Rhode-Ifla d : And alfo all that Part and Portion of main Land, beginning Cni River of Cot.ntry into Entrance of Pi%dtawiy Harbour, and fo �ntpo pafs ePfaCCke{� Head thereof, and Newichwannock, and through the Jam es be from thence North-Weftward, till one Hundred and twenty Mil alongonifhed,, and from Piscataway Harbour Mouth afof'eoid wand twenty Miles the Coaft to Sagadebock, and from the Period one Hundred les aforefaid aid to crofs overland to the one.Hundred and twentyMiichw o e reckon- ed up into the Land from Prfcataway Harbour through Ne and • r [ 6 J dnd al fo the North H alf of theIfles of Shoals, together with .thelfles of Capawock, and Nantttmkat nearCape-Cod aforefaid, and alto the Lands and Hereditaments lying and being in the Country or Territory commonly called Accada, or I'TTva-Scotia, and all thofe Lands and Hereditaments lying and extending be- tween the faid Country orTerritory of Nova -Scotia, and the faid River of Sagan dehock or any Part thereof ; and all Lands, Grounds,Places, Snils,Woods and Wood-Groun,]s,Havens,Ports, Rivers, Waters, and other Hereditaments and Premifes whatfoever, lying within the Paid Bounds and Limits aforefaid, and every Part and Parcel thereof : And alto all Iflands and Iflets lying within ten Leagues direetly oppofite to the main Land within the laid Bounds : And all Mines and Minerals, as well Royal .Mines of Gold and Silver, as other Mines and.Minerals whatfoever in the faid Lands and Premifes, or any Part thereof. To have and to hold, the Paid Territories, Traits, Countries, Lands, Heredita- 'l'oBold iii ments; and all and fingular other the Premifes, with their and every of their Fee. Appurtenants to our laid Subjeois the Inhabitants of our faid Province of the Ma jjachufetts. clay in New -England, and their Succeffors to their only proper Ufc and Behoof tor evermore, To be holden -of Us, our Heirs .and Succeffors, as of our Mannor of Eaft-Greenwich,in the County of Kent, by Fealty only in Paying, &c. free and common Sockage : Yielding and paying therefore yearly to Us, Our Heirs and Succeffors, the fifth Part of all Gold and Silver Oar, and Precious Stones which -!hall fro'na time to time, and at all Times hereafter, happen CO be found, gotten had and obtained in any of the faid Lands and Premiles, or All Lands. within any Fart thereof : Provided neverthelefs, and we do for Us, Our Heirs Heredita- and Succeffors grant and ordain, that all and every fuch Lands,Tenements and ments, &C. Hereditaments, and all other Effaces, which any Perfon or Perfons,or Bodies . n etedy to any gr�nPolitick or Corporate, Towns, Villages, es, � Colleges or Schools, do hold and en - Town, Col. joy, or ought to hold and enjoy, within the Bounds aforefaid, by or under any legel,orSchool Grant or Eifate duly made or granted by any General Court formerly held, or c onfirm'd, Len;g, by Virtue of the Letters Patents herein before recited, or by any other Lawful e: Right orTitle whatfoever, (hall be by fuch Perfon and Perfons,Bodies Politick. and Corporate, Towns; Villages; Colleges, or Schools, their refpeEive Heirs Succeffors and A.fiigns for ever, hereafter held and enjoyed, according to the Purport and- Intent of fuch refpecntive Grant, under and fubje6t neverthelefs to the Rents and Services thereby referved or made payable,anyMatter or Thing whatfoever to the contrary notwithffanding. And providkd alfo,.That nothing A laving for herein contained, fhall extend, or be under! ood or taken, to impeach or,prea Samuel Allen's judice any Right, Title, Inrereff or Demand, which Samuel Allen of London, Cl$ni. Merchant, claiming from and under John Mafon, Efq; deceafed, or any other Perfon or Perfons, hath or have, or claimeth to have, hold or enjoy,.of, into, or out of any Part or Parts of the Premifes, fituate within the Limits above .mentioned : But that the faid Samuel ;Alen, and all and every fuch Perfon and Perfons, may and [hall have, hold and enjoy the fame in fuch Manner (and Grants or no other than) as'if thefe Prefents had not been had or made. It being our Conveyances further Will and Pleafure, That no Grants or Conveyances of any Lands, Fe - not prejudiced for want of nements or Hereditaments to any Towns, 'Colleges, Schools of Learning, or Form. to any private -Perfon or Perfons, (hall be judged or taken, to be avoided or And ordain prejudiced, for, or by Reafon or any want or defeat of Form, but that the that there, fame ffand and remain in force, and be maintained, adjudged, and have effe&, fhall be a V o- vernor, Lieut- in the farneManner as 'he fame fhould or ought before theTirne of the faid reg Governor and cited Judgment,accordina to theLaws and Rules then and there [dually pra&ifed Secretary ap- and allowed. And we do further, for Us,Our Heirs and Succeffors, will,eftab- pointed bythe li King. fh,and ordain, That from henceforth for ever there fhall be one Governour ; one Lieutenant or Deputy-Governour ; and one Secretary of Our faid Pro - Eight and yince orTerritory, to be from time to timeAppointed and Commiffionated by twenty Conn- Us,OurHeirs and Succeffors ; and eight and twentyAfli tants, or Councellors, cellors to be to be advi[ing and affiiling to the Governour of' Our faid Province orTerritory chofen hereatter as for rhe Time being, as by thefe Prefents is hereafter directed and appointed exprefs'd.15 Which faid Councellors or Afliftants are to be conftituted, elected and chofen in fuch Form and Manner as hereafter in thefe Prefents is exprefied. And for The Names the better Execution of Our Royal Flealure and Grant in this behalf, We do of the fins by thefe Prefents, for Us, Our Heirs and Succeffors, nominate, ordain, make Count-chars rutty or . and conftitute Ouruityand well -beloved Simon Broadjlreet, John Richards, Nathanael . 54. .14 tol 0 [ 71 ,Nubanatl Sgltotf all, Wait r3'inthrop,70hn Phillips,Janies IZu.firwllSaz:::rel SewaR, Teton Bart Gidney, John Hart horn, i;lifha 1.'utchrnfon, Rober! Samuel Appleton, Winthrop, �Zichnr�a ,'1•Ii,.r?lecot, ��%;� pP z.. Pike, Jonatban Corwin, f nhra Jol1z� ynu dtllet��1r., St �hen��lrz/on, E�loozzzcslli•,?�:. )•, Fofter,Peter Serjeant, John Lynde,� , o continue ob :ylcct,�a„Jucl, Daniel a► -id ., • Williath Bradford, ;john Walley,Barrrabas Lothrop,j Ets of Councellors Ouraid t69a. 2n�7 un- .. ,anusDavis,,!' rs; the !left and prefenfCoutzcellors orF� tliflants at Our laic until .Zl��y, Province Util ushers are 1'rovinee ; to continue in their faid refpeo}►vtyC� Offices be in the Year of Our choice. or Militants anti.] the .la(f T�I/cd;iefday in May, houfand fix Hundred ninety and chiee, and until other Councellors Lord,O.n�Tin fuchNl,�nner as in or A(I'itfants !Tial] be chofen and appointed intheirthelalrefents coniiiruteand S • ecretary ap- thefe°1'referits is exprefi4d: And we do furthery Efq to be Our lief]' and pointed. And our Will The ed. appoint our tray and well-belovedPrvince, duringjQur�l leaiure• nor may e - r- pre(ent Secretary of Our faid Province, e is,That the Governour of Our laid Province [fe r tole time and being, li to, �o ncy af- and !lave (hall haveAuthority;from time to time,at his Dilcretton,t�� a r the time being : And and w;th,evEa al hnd a l eve �etlaer theCouncellors orAffiffants,of Our faidProvince ��llors,or !even of them cit hat the faid Gouel•nour,with the faidr�.fiiftan keep fhall and may from time to time hold and atC ung it fore will,the A Generat at the Iealt, • brderino and din ing the Affairs of Our faid P of o� S,do ordain and grant, that Court to be • and by hefePrefents for Us,Our Heirs and Suc ever,and Wedncfday of and may be Convened, held and kept by the Uovernourtfc r cheutaae held the l a there !]gall evtryYear,fn:7 annually being,upon every latl ednefday in the Month of Ma ; !hall tlailaiC fit and at all fuch other times as tlaeGovernour of Obtlrfaidh>'c�h fi dGreac and General �.c nfi(l of appoint;a Great and General Court or Aifem y To co ffembl !hall confift of the Governour and Council or A(flan yf as the Governor Court or AffemblyTCoucii and the time being ; and of fuch Freeholders Ourtlielmajc�►11'�art of tlael� reefaol- inch l�reehol- Ihall be from time td time eleeted or deputedby _ be eluted to Places who !hall be pre- gees as (hall fenters,and other Inhabitants ofo� the Towns andiveTowns �Places being Hereby lila represent the at fuch Elections ; each I refpeatve ele& and depute two Perfons and no more to fere for Aficand re re- mbly To Towns. powered to fent them teepee -lively veli in the faid Great and General hCld rasp aforefaid, We do maach Town ele�itwo+ which Great and General Court or teem sandgrant full Power and Au- y hereby; for Us, Our Heirs and Succeffors, giveT., time to time, to direff,•appornt and declare what Number fbrert each. thority from � County, Town and Place !Tiall elegy and depute ooPii�cn�blyand Provided always, Qualification hem refpeively in the faid Gnat and GeneralCo 1 no Freeholder,or otherPerfon,fhall have a Vote in the olUEti� 10 as aieffi- es thcale&tors That bers to terve in any Great and General Court �rirhAaveeanbL{fate of Freehold in faid, who at the time of each EIeCTion fig within Our faid Province or Terricory,to the Value of Forterli lliAg5 �r Land Annum at the leaft ; or other Eftate to theValue of Fe. ° etyh °f � or ad in the faid d that every Perfon who !hall be 1'o eleaed, take the Oaths mentioned in an 451 of . Great and General Court or Affembly, made in the firit Year of Our Reign,Intitled,4nA8for abrogating b oand ereig Oaths to b by e parliament ng the R� refen- ® the Oaths of Allegiance and Srcpremacy,ancl appointing Oand Supremacy 't catives P appointed to betaken inftead of the Oaths eclaration mentioned in the fatnAe�, And ]]gall make, repeat and fubfcribe theDeclaration or Lieutenant or Deputy Governour,1 or any two w oo the before the Go Affiffants.for'the time being,Who !hall be [hereunto authe orized being fhall have The Gover- inted by Our faid Governour. And that the Governourjudge met bourn, Pru - it from time to time, as he [hall judge necefeary,to Ad- nor to Ad - full Power and Author yrogue and ' urn Prorogue and Diffo,lve all Great and General Courts o�cAve tlolher by, D,flolve the Ad- journ, g and Us,Our'd ei aforefaid.•and And Our Will and ordain.�that yearly,once flueren for ]-!cies and Succefl�.�►s, grant, ver Year fcireverhereaftei,the aforefaidNurnbet of eight land twee yC0Utn; aleourt me y or cellors orAfi'ittants mall be by the General eocai�ts of,Aor 1'r prietors of Lands The Coun- �'hat is to f�'ya Eighteen at leaft of the lel rrritor c��lors togre the 'Territory formerly called the Colony of the Nla�'achr�fe�heBay ; and cellorSe within Yarnl .h -,r four at the lea(t of thelnhabitantsof,or Proprietors if ` �ti�F the Inhabitants of,or Qualitica;�era: formerly called New- Plymouth ; and three at the of Land within tierl'erritory formerly called the Province within the Proprietors and One ac the let of the Inhabi:ants, or Proprietors o 13 'Territory . r /N L 8 1 Territory lying b_twcen the River of iSagadeh&ck and iVova�S�-otiall And that To he Cup- the faid Councellors or Affiffants or any of there, shall or may at anytime plied updn Occaiion. hereafter, be removed or difplaced from their relpeEtivePlaces orTrufl of Coun- cellors or Aff (tants by any Great -or General Court or Affembly ty ; and that if ' any of tilt faid Councellors or Aflilfancs ihall happen to die,or be removed, as aforefaid,before rhe general Day of::Eleaion,thac then, and in every fuchCare, the Great and ::;:neral Court or Affembly at their firfffitting, may proceed to a new Elecc:or1 of one or more Councellors orAiflf}ants, in the Room orPlace of fuch Councellors or Affiffants fo dying or removed. And We do further grant and ordain, That it !!call and may be lawful for the faidGovernour with Judges, She- the Advice and Confenr of the Council or Afiiffants,from time ro time no - to mirate and appoint Judges, Commifiioners of Oyer and Ierrj�sner, Ii � a gin.- 'to no- ed, Provofts,Marfhals,Juffices of the Peace,and otherOfficcrs, to our Council and Courts of Juftice_belonging. Provided always, that no fuch Nomination or Appointment of Officers be made withoutNotice firft given,orSummons (!find out fcven Days before fuck Nomination or Appoincment,unto fuch of the faid Councellors or Militants as [hall be at that time refiding within Our faid Pro- vince. And OurWill and Pleafure is,That the Governour,and Lieutenant or Deputy-Governour and Councellors or Militants for the rime being, and al ocher Officers to be appointed or chofen,as aforefaid,fhall,before the u�nderrak . Governor ing the Execution of their Offices and Places refpeetively,take their feveral and Lieutenant re(peelive Oaths for the due and faithful Performance of their Duties in their Governor, feveral and refpealive Offices .and Places ; and alfo theOaths appointed '�'ouncel lr,r, & �pp by the rake he cer� to raid •AE7: Of Parliament +madefirifY in the ear. of O.urReign,to be taken inflead to Mite tthof the Oaths of Allegiance and Supremacy ; and (hall make, repeat and fob - Oaths, &c. fcrib;- rhe Declaration mentioned in the faid Aet,before fuch Perfon or Perfons as are by thefePrefents herein after appointed : (chat f3 to fay,)fheGovernour LeFor e vrhom. of Our faid Province orTe; ri tory,for the time being, Thal l take the faidQa d) make,repeat and fubfcribe the faidDeclaration.betore theLieutenantorDe ty Governour; or,in hisAbfence,beforeany two ormore of the faidPerfons he y nominated and appointed the prefent Councellors or Affi«dnts of Our faidPro- vince b or Territory,to whom We do by thele Prefents give full Power and Au- thority to give and adminiffer the fame to Our faid Governour according! And afterOur faid Governour (hall be Sworn,and !hall have fubfcribed the laid Declaration, that then our Lieutenant orDe fir and the Councellors or AfiiffantsK before by n efe P Prefents nominated a being, pointed,ihall take the faid Oaths,and make,repeat and fubfcribe the faidDeCla- ration before Our faid Gavernour : And. that every fuch Perfon, or Perfons as !hall (at any time of the annual Ele&tions,or otherwife uponDeath orRemova1 be appointed to be the new Councellors orAffiflants,and all otherOficer ) e hereafter chofen from time to time, !hall take the Oaths to their refpettive Offices and Places belonging ; and alto the faidOathsappointed by thefaid�-6i of Parliament,to be taken inftead of the Oaths of Allegiance and Supremacy and !hall make,repeat and fubfcribe the Declaration mentioned in the raid A6, before the Governour, or Lieutenant orDeputy•Governour,or any two or more Councellors or Affiffants ; or fuch other Perfon orPerfons as (!call beap ointed thereunto by the Governour for the time being rhefe Prefents give fuliPower and Author' To whom we do there by Authority from time to time,ro give and ad' rniniffer the fame refpeEfively, according to our true meaning herein before de- clared,without anyCommiffion or further Warrant,tobe had and -obtained from Us; Our Heirs and Succeffors in thatBehalf. And OurWill andPleafure is and We do hereby require and command, That all and every•Perfon and Perfons hereafter by Us,Our Heirs and Succelf,rs,nominared and appointed to the ref. peEfive Offices of Governour,orLieurenant orDeputy-Governour,andSecrerary • of Our faid Province orTerritory(which faidGovernour,orLieutenant,orDe ut Governour,and Secretary of Our faid Province orTerritory for the time being; We do herebyrefcrve full Power andAuthority,toUs,our HeirsandSuccel3%ors to nominate and appoint accordingly) (hall before he or they be admitted to the Execution of their refpe&five Offices,take as well theOath for the due and . faithful Performance of the faid Offices refpeEtively,as alio rheOaths appointed by the faidAll*of Parliament, made in the faid firftY. ear of OurReign,to betaken in('tead of the faid Oaths of Allegiance and Supremacy ; and (hall alto make repeat ;141 <, C 9 repeat and fubfcribe the Declaration appointed by the faid AEc in fuck Manner Perfons b rrr; and before fuch Perfons as aforefaid. And furcher OurWill and Pk -afore as, i„ tar, 1 ;.,;e_ and We do hereby for Us, Our Heirs and Succeffors, grant, etfahli;h and or- herd, ro ha;'e dain,that all and every of the Subje&s of Us, Our Heirs and Succeffors, which thehr;viiegr.; shall go to and inhabit within Our. faid Province and Territory,, and every of refrourfaii,):_u7 their Children which (hall happen to be born there, or on the Seds in going <«,;d, thither, or returning from thence, than have and enjoy,allLiberties audlmmu- nities of free and naturalSubjeEfs within any qt rheDominions of Us,Ourfleirs Liberty, of and Succeffors, to all Intents, Contfru&ions andPurpofes whatfoever, as if they Coafcier:cc and every of them were born within this Our Realm of England. And for the to be gr ;:ted greater Eafe and Encouragement of Our loving Subjects inhabiting Our faid ro alt Lhiil;- Province orTerritory of theMaflchufetts-Bay,and of fuch as (hall conte to inha- Papiilsest bit there, We do by rhefe Prefents,for Us,Our Heirs andSuccellbrs,grant,t:ffah lifh and ordain,that for ever hereafter there (hall be a Liberty of Conscience al- c. lowed in the Worfhip of GOD to all Chriftians (except Papifts) inhabiting, or '0,tiadmmnilter L' •c Laths which (hall inhabit or be refident within Our faid Province or Territory, And We do hereby grant ani ordain,That the Governour,orLieutenanr,orDeputy Governour of Our faid Province or Territory, for the time hein,_>, or either of them,or any two or ,more of the Council orAlliflanta for the time bcing,as (hall be thereunto appointed by the faid Governour, !hall and may at all times, and from time to time hereafter, have full Power and Authority to adminiiler and give the Oaths appointed by the faid AES of Parliament, made in the firft Year of Our Reign,to be taken infFead of theOaths of Allegiance and Supremacy, ro all and every Perfon and Perfons which aae now inhabiting or refiding wi: hin The G„nera l Our faid Province or Territory,or which (hall at any time or times hereat er go Court iJni;o,,- or pats thither. AndWe do of OurfurtherGrace,cerrainKnowledge and niter red to ca Motion, grant,effabli(h and ordain, for Us, Our Heirs and Succeffors that the Judi;c ca res. > and (.urs- ur Great and General Court or Affembly of Our faidProvince orTerritory for the Record, &c. time being,convened as aforefaid,fhall for ever have full Power and Authority to ere& and conftitute Judicatories and Courts of Record, nor other Courts, to be held in the Name of Us,Our Heirs and Succeffors ; for.the hearing,trying and determining of all Manner of Crimes, Offences, Pleas, Proce.ffcs, Plaints, Adfions, Matters, Caufes and Things what foever, arifing or happening within Our faidProvince orTerritory ; or betweenPerfons inhabiting or refiding there; whether the fame be criminal or civil, and whether the faid Crimes be capital or not capital, and whether the faid'Pleas he real, perfonal or mixt; and for _ the awarding and making out of Execution thereupon: To which Courts and Judicatories, We do hereby,forUs,OurHeirs andSuccefibrs,give ar,dgrantfull Governor Power andAuthoriry,from time w time ro adminifferOathsfor the betterDifco- .withtheceatm. very of Truth. in any Matter in Controverfy or depending before them.- And cit t�aillhavc We do for Us, Our Heirs and Succeffors, grant,ordain, �eftabli(h and that ;he tihe ro:if),are cf �l}ii. 4 Governour of Our faid Province or Territory for the time being,wirh theCoun- g.;,,t;ydo til orAfliffants,may do,execute or perform all that is neceffary for the Probate miniftraue„s, of Wills, and granting of Adminiftrations for touching or concerning any In- terefts or Effate whichany Perfon orPerfons (hall have within our faid Province orTerritory : And whereas We judge it necelfary, that all Our Sub,jec`ls fhould have Liberty to appeal to Us,Our Heirs and Succc(fors, in Cafes that may de- ferve the fame, We do by thele Prefents ordain, that in Cafe either Party (hall not reft fatisfied with the Judgment or Sentence of any Judicatories or•Courts within Our faid Province ur Territory in any perfonal Attion,wherein rheMar- Appeals to the ter inDifference doth exceed theValue 2'hreeHundredPound4Sterling, that then King in fc)2:c he or they may' appeal to Us, Our Heirs and Succeffors, in OurYer,onal �l�i- or their Privy ons, Council. Provided, Such Appeal be made within fourteenDays after theSen- tence or Judgment given ; and that before fuch Appeal be allowed, Security be given bythe Party or Parries appealing, in the Value of the IVlatter in Dif- ference,to pay or anfwer the Debt or Damages for rhe which judgment or Sen tence is given,with fuch Co(lsandDamages as (hall be awarded byUs,OurHeirs or Succeffols,in Cafe the. Judgment or Sentence be affirmed : And f rovided 01M, That no Execution (hall he ftaid or fufpended, hy healon of fuch Appeal unto Us,Our Heirs and Succefforc, in Our or their Privy Council ; fo as rhe P. rry -luring or taking out Execution, do in the hke Manner give Security tot e Value of the Matter in Diffe.reace, to make Rcflitution in Cafe the faid Jukig- %)1c5 1 Execs: to be fl: • f it ro ment or Sentence be revel -fed or annulled upon the faidAppeal, And We do The General further; for Us, Our Heirs and Succefbrs,aiveand grant ro the faid Governour, court has and the Great and General Court or Af1.-mbly of Oar ['aid Province or Terri- Po��er' to tory,'or the7'ime being,full Power andAuchority, from time co time, to make, maize Laws, ordain and e[tablifh all Manner of wholefome and realbnableOrders f aws ,Sta: not tothe Laws repugnant to tures andOrdin nces,Direations andlnftruc`tionseithcr with Pen;r hies or without tl� of England. (fo as the lune be riot repugnant or contrary to the:Laws of this Our Realm of England) as they (hall judge to be for theGood andWelfare o; Oor-taidPr ovince To Warne and or T'erritory,and for the Government and ordering thereof,and of thePeople in - fettle civil Of- habiting,or who (Ball inhabit the fame ; and for the neceffary, Support and ficersy except; Defence of the Government thereof. And We do for Us, Our 1-ieirs and &c. Succeflorr; give and grant, that the Paid General Courtor Affetnbiy,fhall have full Power and Authority, ro name and fettle annually all Civil O.ficers within the Paid Province, filch O3iicersexcepted,theEleL`lion andCon[titution of whom Vire have by thele Prefents referved to Us,' Our Heirs and Succeifors,or to the Governour of Our Paid Province for the time being ; and to let forth the feve- ral Duties, Powers and Limits of every fuch Orficer to be appointed by the faid General Court or Afiembly ; and the Forms of fuch Oaths not repugnant To impofe td' the Laws andScarutes,of this Our Realm of England, as []gall be refpeetively Imes&c. And adminiflred unto them for the Execution of their feveral Offices and Places ; Taxes to be difpofed by and alto to impofe Fines, Mulcts, Imprisonments, and other } unifhtnents ; Warrant from and to impofe and levy proportionable and reafonab!e Affefsments, Rates and the Governor "1'axes,upon the Elates andPerfons of all and every the Proprietors and lnhabi- and Council, tants of Our laid Province or Territory, to be iffued and drlpofed of by War- rant under the Hand of theGovernour of Our faidProvince for the time being, with the Advice and Confent of the Council, for Oar Service in the neceffary Defence and Support of Our Government of Orr laid Province orT'erritory, To promote 'and chc I'rote�`tiun and Prelervation of rhe Inhabitants there, according to fuch Religion and Alts as are or !hall be in Force within Our faid Province ; and to difpofe of good Order, Matters and 'things wl.ereby Our Subjects, Inhabitants of Our laid Province and the Cum- may be religioufly, peaceably and civilly governed, proteEtecl and defended ; verfion of the fo as their good Life and order' Converfarion may win the Indians Natives �ndianr. Y Y Indians,.. of the Country, to the Knowledge and Ohedi,ence of the only true God and Saviour of Mankind, and the Chriftian Faith, which his Royal 1Vlajefty Our Royal Grand. father King Charles the hrft, in his Paid Letters latents declared was His Royal Intention, and the Adventurers free Profeflion to be the prin- cipal End ot the Paid Plantation. And for the better fecuring and rnaiirain= ing Liberty of Confcience hereby granted to all Perfons, at any ttrne being and rr(iding within Our Paid Province or Territory as afore[aid, willing,cornmand- ie3g and requiring, and by there Prefents for Us, Our Hers and Succe(fors, ordaining and appointing that all fuch Orders, Laws,Statutes and Ordinances, The Cover 1nffrucUons and DireEtrons as fluff be fo made and publifhed under.our Seal or nor to have Our raid Province or Terrirory,fhall be carefully and duly obferved, kept and the negative performed, and put in Execution according to the true In rent and Meaning of Voice in all thele Prefents. Provided always, And We do by thele Prefenrs, for Us, Our Eleaions and Heirs and Succeffors,"eflablilh and ordain,that in the framing and paitingofall veriof nment.o fuch Orders, Laws, Statutes and Ordinances, and in all EleE'tions and Aas or Government whatfoever, to be paffed, made or done by the Ltid General Court or Affembly, or in Council, the Governour of Our faid Province or Territory of the MaQachufetts-Hay in New -England for the time being,flaall have the ne- gative Voice ; and that without his Confenr or Approbation figniled and de- clared in Writing,no fuch Orders,Laws,Stature5,Orclinances,1:,ledtions,orother Laws to be Adis of Government whatfoever, fo to be made, pared or done by the faid Ge - fent to En;- neral AfTembl or in Council,(hall be of anyForce, Effect or Validit any for the Y Y s Royal Appro. Thing herein contained to the contrary in any wife notwithllanding. AndWe bation. do for Us, Our Heirs and Succeflors, eftablith and ordain,that the faid Orders, Laws, Statutes and Ordinances, be by the firlt Opportunity after the making If not Difal- thereof fent or tranfrnitted unto Us,Our Heirs andSuccelfors under the pub - towed .t ithin' three Years,to lick Seal,to be appointed by Us,for Our or their Approbation or Difallowance. be in Force And that in Cale all or any of them 'hall at any time within theSpaceof three until repealed Yr ars, next after the fame !hall have been prefented to Us,Our Heirs and Suc- r�ne- i.-t,fiembthe iye ceflors,in Our or their Privy Council,be difallowed and rejecfed,anu Co fignified C II J .. their ,« 'Manual ant? Signet ; by Us, our heirs and Socce(fors under Our or their Sign Mat. or by, or in Our or their Privy Council, unto the Governour for the time be- If not difai ing, then filch and fo many of them as (hall be lo dilallowed and rejyelect, [hall lo��.ed within thenceforth ceafe and. determine, wnd become utterly void and ot none ETeet, threcYcars, to be in Force Provided always, That in Cale; We, Our Heirs or Succc(furs, (hall not cvithrn anti repealed the Term of three Years after the prefenting of fuch Orders, Laws, Statutes or by the Vere- ( Our or Their Difallowance of the fame then sal Aiiembly. Ordinances, as aforefaid, �gnity - ' the Paid Orders, Laws, Statutes or Ordinances; shall be and continue in lull Force and Elie&, according to the true Intent and Meaning of the fame, until the Expiration thereof, or that the fame [hall be repealed, by the General hhe General Affernbly of Our faid Province for the time being. Prozided alfo,Thac is t'ai'l C ourt hi and may be lawful for the lard Governour and Genetal Afi'embly to make or powertopals, pats any Grant of Lands lying within thehoundsof the Colonies formerly called any Grants of the Colonies of the Majfacbufetts-Bay, and New -Plymouth, and Province of Land tinJ' of Main, in fuch Manner as heretofore they might have done by Vircueof any for- Jrr©urh, car the e. mer Charter or Letters Patents ; which Grants of Lands within the Bounds a p,"�vinc� of forefaid, We do hereby Will and Ordain to be and continue for ever of full I11di;1. Force and Effect, without Our further Approbation or Content. And 10 as neverthelefs, and it is Our Royal Will and Pleafdre, that no Grant or Grants Grants of of any Lands lying or extending from the River �f Sagadehock to the G ul ph of Land bet�tieen St. Laurence and Canada Rivers,and to theMain Sea Northward and Eaflward, Sagaa ic�and to be made or pa{t by theGovernour an'dGeneralAffembly of Our faid Province 5c, r.atrreirce, ' to have the be of any Force, Validity or effect, until We, Our 1 --Heirs or Succeliurs, fl�all ;tovat nppro- have fignified Our or Their Approbation of the fame. And we do by thele bation. Prefents for Us, Our Heirs and Succeffors, grant, eftablifh and ordain,that the Governour of Our faid Province or Territory for the Time being, 'ball have TheCover- nor to com- full Power by himfelf, or by any Chief Commander, or otherOcicer orOfhcers, mind the to be appointed by him from time co timeand Safety of Ourefaidl'rovince d govern Arr'iicia. the Militia there ; and for the fpecial Defence or Territory, to affemble in Martial Array, and put in Warlike Poffure the,ln- habitants of Our faid Province or Territory, and to lead and co duat f Arms and with them to encounter,expulfe, repel, relit and purfue by Force o , as well by Sea as by Land, within or without the Limits of Our faio Province or Territory, and alfo to kill, flay, deftroy and conquer, by all fitting Ways, Enterprizes and Means w iatioever, all and every fuch Perron and Perfons as ;hall at any Time hereafter attempt or enterprize the Deftru&ion, Invafion, Detriment or Annoyance of Our laid Province or Territory ; and to ufe and exercife the Law 'Martial in 1 ime of actual War, Invalion or Rebellion, as To crept and Occafion (hall neceffarily require ; and alto from time to time to ere&t Forts, demoliihFo;cs and to fortify any Place or Places within Our Paid Province or Territory, and &c. the fame to furnifh with all neceffary Ammunition,. Provifions and Stores of War, for Offence or Defence, and to commitfrom time o time, m mthe e Cu (hall fody tn and Goverment of the fame, to fuch Perfon or Perkins ast meet ; and the faid Forts and Fortifications to demolifh at his Pleafure, and to take and furprize by all Ways and Means whatfoever, all and every fuch Per - fon or Perfons with their Ships, Arms, Ammunition, and other Goods,as thall in a hoftile Manner invade, or attempt the invading, conquering or annoying of Our faid Province or Territory. Provided always, and We do by there Not fotrance Prefents for Us, Our Heirs and Succeffors, grant; eltabli{h and ordain, That port any Per= the faid Governour (hall not at any time hereafter, by Virtue of any Power tansout ofthe hereby granted, or hereafter to be granted to him, tranfport any of the lobate Provincewith- bitants of Our faid Province or Territory, or oblige them ro march out of the out their own Limits of the fame, without their free and voluntaryConfent,or the Confentof Content,&c. the Great and General Court or A[lembly of Our laid Province or Territory; nor grant Commiffiar,s for exercifingFche L.awtMaAial upon any Content ofathe Nor exercife of Our faid Province or Territory, withoutNor exe•cife Council or A(frftants of the fame. Provided in like Manner, and We do by tial without thefe Prefents, for Us, Our Heirs and SucceiTors, conftitute and ordain, That Advice oicha when and as often as the Governour of Our c� Province o or Sec�efi'urs,o be abient he time being, Council, (hall happen to die, or be difplaced by Us, from his Government ; that then and in any of the faid Cafes, the Lieutenant or Deputy Governour of Our raid Province,for the time being, shall haveeW�c cr 4 f • ` [ t -1 Power and uthority; to do and execute all and every l•ucli Ac`IG,Mattcrs aria In. Cafe of the 'fhings,which Our Governour of Our faid Provirrce,lor the time beingy Governor's orcould byVertue of thereOurLetters Patents lawfully do or execute,if j e were Death remo 1�crfonslly prelent; until rhe return of the Governour fo abf via orAbfence or Con(titution of fuch other Govcrnour as {;;aor appointed by Us, vernmont, the Our Heirs or Soca-el-fors]1 enc, or the Arrival from his Go -may be in his ft -cad : And that when and as often as rhe Go - Lieutenant verndur;and Lieutenant or Deputy Governour of Our faid Province or Terri- Governorfhalt for for the thine being . fupply his y,t , g, (hall happen to die, or be difplaced by Us,Our Heirs Place. or Succeflurs;or be ablenc from Our laid Province ; and that there (hall be no Perfon within the faid Province, comrnifiionared by Us, Our Heirs or Suc- In theabfence tenors to be Governour within the fame ; then and in every of the faid Cafes, of both the the Council or Affiftants of Our faid Province. (hall have full Power and Au - Governor and Deputy Go- rhority,and We do hereby give and grant unto the iaid Council or Affifta.nrs vernor, the of Our faid Province,for the tithe being or the major Part of them,full Pourer• major Part of and Authority to do and exec•�_ite all and ever fuch Ads, Matters and Things htave he Council to which the faid Governour,or Lieutenant orDeputy Governour of Our faid Pro - Po vet.. vince or T erritory,for rhe time being,tnight.or could lawfully do or exerci(r,if they or either of them were perfonally prefent,until the return of theGovernour, Lieutenant or Deputy Governour fo abfenr, or Arrival or Conffirution of fuch other Governour, or Lieutenant or Deputy Governour,as fhall and may be ap- Admiralty Ju- pointed by Us, Our Heirs or Succelfors fr©rn time to time. Provided always, rifditlions re- and it is hereby declared, that ndthing herein Chair extend or be taken to erect, ferved. or grant, or allow the egercife of any Admiral Court, JurifdiCition, Power or Authority, but that the fame (hall be, and is hereby referved to Us and Our Succefiors, and (hall from time to tithe be crccled, granted and exercifed by Virtue of Com millions to be ilrued under the great Seal of England,' or under The Trade of the Seal of the High Admiral,or the Commiflioners for executing the Office of Fifhing not to E�iah Q . beabridgd. Admiral of £nalrendAnd further/ Our exprals Well and Pleafi,reis,atrd We do by thele Prelenrs, for Us, Our Heirs and Succeffors, ordain and appoint that thefe Our Letters Patents (hall not in any Manner enure, or be taken to a- bridge, bar or hinder any of Our loving Subje&s whatfoever,to ufe andexercife the Trade of Fifhing upon the Coafts of New -England, but that they and every of them (hall have full and free Power and 'Liberty to cdntinue and ufe their . faid Trade of Fifhing upon the faid Coaft, in any of the Seas thereunto adjoin- ing, or ariyArms of the faid Seas or Salt -Water Rivers where they have been wont to F'ifh ; and to build and fel upon the Lands within Our laid Province or Colony, lying wafter and not then poflefs'd by particular Proprietors, fuch Wharff's, .Stages and Work-Efoures,as (hall be neceffary for the Salting,Dr ins Keeping and Packing of their Fifh,ro be taken or gotten upon that Coaft ;and to cut down and take fuch Trees and ocher Materials there growing, or being upon any Parts or Places lying wafte, and not then in Pofellion of particular Proprietors, as (hall be needful for that Purpofe,and for all other necetraryLale- thents, Helps and Advantages concerning the Trade of Fi(hing there, in fuch Trees fit Manner and Foran as they have been heretofore at anyTime accuftomed to do, Mails not orwithout making any wilful Waite or Spoil ; any Thing in thele 1'refents con_ growing upon tained to the contrary notwithflanding. And laflly, for ;he better providing anySoi1grant- and furnifhing of Mats for Our Royal Navy, We do hereby referee to Us, ed to particu- Our Heirs and Succeffors, all Trees of the Diameter of twenty four Inches,and lar Perfons to be preferved. upwards of twelve Inches from the Ground, growing upon any Soil or Tra& of Land within Our faid Province or Territory, not heretolore aranred to anypri- vale Perfons : And We do reffrain and forbid all Perfons whacf;;ever from fell- ing, cutting or deftroying any fuch Trees without thcRoyalLicence of Us,Our Heirs and Succefl'ors, firtt had and obtained ; upon Penalty of forfeiting One Hundred Pounds Sterling unto Us,Our Heirs and Succefors,for every fuchIree fo felled, cut or deffroyed, without fuch Licence had or obtained in that Behalf : AnyThingin thefePre(entscontained w the contrary in any wiifenotwithfanding. ;lin Oitncffs whereof We have caufed thefe OurLetters to be madePatcnts. Witnefs Our Selves at Weftininftcr, the Seventh Day of O&?ober, in the Third. Year of Our Reign. By Writ of Privy. Seal. PIG OT. Lrrt [ r3 1 inti ,a �(is � c �L„Sri—lC i' s; (� 7 icy i .• 4 1 I,� ) trS? i el;t$ 7. ISI � .i:1.^�.l` nt ,..---- �hl+S i3�iS5i�:. . -C.• e- - -iw ulrM1 a r DY Iti u < nee. Ex xlanato;y CHARTER gnarlto Km GEORGE. ��.°ot U,;EORGE, by the Grace of GOD of Great -Britain, France and , 1,Nsre Ireland, RING, Defender of the Faith, &c. To all to whom 00G40 tilde Prefetirs (hall come, Greeting. Whereas Our late Royal ti;nom 4 �- a: Predeceflbrs dfTILLI.AA'I and MARY, KING and QUEEN o► c: n � � of Eggacti ie England, 8cc. did by their Letters Patents under their great Seal crfEngland, bearing Date at Ttcftntinf er, the feventh of ()Sober in the third Year of their Reign, for Themfelves, rheic Heirs and Succeflors, unite, crce and incorporate, the Territories and Colonies, commonly called or known by the Names of the Colony of the Mafachfetts •Bay, and Colony of J\ ew- Plynouth,the Province of Main, the Territory called.Accada or P cvaScotia, and all that Tract of Land lying between the faid Territories of }Nova -Scotia, and the faid Province of Main, inw one real Province by the Name of Our Province of theMaffachfetts-Bay in ,New -England. And whereas their faid late Majeflies King WILLIAM and Queen IV.1'ARr, did by the faid recited Letters Patents (amongfl other Things therein contained) for, themfelves, their Heirs, and SuceetTors, ordain and grant, that there fhould and might be convened held and kept by, the Governo=r for the time being, upon every laflWecnefday in the Month of May every Year for ever, and at all fuch other Times as the Governour of their faidProvince Mould think fit, and appoint a Great and Gene- ralCourtorAtrembly ; which faidGreat andGeneralCourt orAfl'embly fhouldcon- fr(1 of theGovernourandCouncil,orAlrfiants for the time being,and of fuch Free- holders of their faid Province or Territories as fhould be from time to time e- leled or deputed by the major , 'art of the Freeholders and otherinhabitants of the refpeetiveTowns orPlaces,who fhould be prefenr at fuchElc lions : Eacli or the faid Towns and Places, being thereby impowered to elect and depute two Perfons and no more, to Verve for and reprefent them refhec'li vely in rhe (rid Great and General Court or Alterably, and that the Govcrnour for the time be- ing Should have full Power and Authority from time to time as he fhould judge nece(Iary, to adjourn, prorogue and di(folve all Great and General Courts or Alretnblies Met and convened as aforefaicl : And did , thereby alto for them- felves, their Heirs and Succe(hors, provide,eflablifh and ordain,that in the fram- ing and palling of all Ordcrs,Laws, Statutes,and Ordinances,and in all Elections, and Aas of Government whatfoever,to be pafFed,made or done by the faidGene•• ral Court or A frembly or in Council, the Governour of the laid Province or Territory of thcMaffachufcits-Tay in New -England for the time bcing,ilould have the Negative Voice, and that without his Content or Approbation, Signified and declared in Writing, no filch Orders, I,aws,Statutes,Ordinances,Elections, or other Acts of Government whatfoeaer, fo to be macle,pafTed or done by the faid General t\flernbly,or in Council,fhould be of any Force, Ef 4, orValidity, any thing therein contained to the contrary in any wife notwithflanding; as in and by the faid Letters Patents (Relation being thereunto had) may more fully and at large appear. And whereas no Provifion is made by the faid recited Letters Patents, touch- ing the Nomination and Election of a Speaker of the Rcprefentatives af7embled in any Great and General Court of Our faid Province, nor any particularRcfer- vation made of the Right of Us, Our flcirs and Succclfors to approve or dila approve of fuch Speaker by the Governour of the faid i-'rovince appointed,or to be appointed by Us or Them for the time being : And no.Power i; granted by the falai recited Letters Patents to the faid Houle of Reprefentatives to adjourn themfelves forany time whatfocver; by Means whereof divers Doubts and Con- :r•overfies have arisen within Our faid Province, to the Interruption of the pub - lick 13ufinefs thereof, and the Ohfiruelion of Our Service; lanae ye therefore, that rai b All, II fp,l 7 • Spear er to be approved or d,fapprcv- ed by wri ten Meflage. • Reprefenta• tives to ad- journ them- selves not ex• ceeding two Days without Leave. [ I �r that foi• removing the Paid Doubts and Controver(ics, and preventing the like Mifchiefs for the future ; And alfo for the further Explanation of the 'faid recited Letters Patents, We of Our efpecial Grace, certain Knowledge, and meet° Motion, have granted, ordained and appointed, and by thele Frefents for Us, Our Heirs and Succeilurs, do will, grant, ord:un, and appoint, that for ever hereafter, the R ep-efentativc:s asli inblcd in arty Great or General •Court of Our faid Province to be hereafter Summoned, !hall upon the fide Day of their afhembling, plat a fit Perfim out of the laid Reprefenta- tive,, to be Speaker of the Houle of Reprcfcntatives, in Each General Court; and that the i'crfon fo elected ,fl.all from time to time be prefented totheGover= flour Of Oiir faid Province For the time being,erin hisAbfence to theLieutenant Governour or"Commander• in Chief of Our Paid Province for the time being, for his Approbation : To Which Governour, Lieutenant•Governour and Comman- der in Chief refpeEtively; We do hereby 'for Us; Our Heirs and Succeffors, give full Power andAutherity to n-pprove or difapprove of the ferfcn fo eleeled and prefented, which A pprobation or Difapprobation '!hall be fignified by him by Mcffitge in writing under his Hand to the Paid Houle of Rerrefentatives ; and in Cafe fuch Governour, Lieutenant Governour or 'Commander in Chief,fhall dif- approve ofthe Perfon fo elec`•ted and prefented, or the Perfon fo eluted and prefented being approved as aforefaid fliall happen to die, or by Sicknefs 'or o- -therwife be difabled from officiating as Speaker, 'in everu inch Cafe, the :favid 'Reprefentatives fo affembled, ihall forthwith ele& an other Perfon to be Speaker of the Houle of Repre fentatives \to be prefented: and approved, or difapproved, in :Manner as aforefaid, and fo from time to time as often as the Arlon fo elected and prefented Shall be difapproved of, or happen, to die, or become difabled as aforefaid. And Otir further Will 'and tPleafu•re is, and We do by:thele Prefents of Our more abundant Grace for Us, Our Heirs 'and Succefi'ors, .grant, ordain, and 'ap- point, that it (hall and may be lawful to ,and for the Reprefentativcs afl"embied in any Great or General Court of Our faid Province for the' time being, forever hereafter, to adjourn themfelves from Day to .Day, (and if Occafion ihall re- quire) for the flkace of two Days; but not for any longer time, than for the fpace of two Days without Leave from the Governour, or in his .Abfence from the 'Lieutenant Governour•, or Commander in•Chief.of Our -faid Provi nce "for the time being, fide had and obtained in that behalf, any Thing in the faid re= citedLetters Patents contained to the contrary thereof in any wife notwithffand . ing• Provided always; That nothing in thefe Prefents contained Tall extend, or be conflrued to extend, to revoke, alter, or prejudice the Power and Authority by•the faid recited Letters Patents, granted to the Governour of the ftid Pro- -Vince for the time being, to adjourn, prorogue and diffolve all Great•and Gene- ral Courts or Affemblies of Our faid Province. And laflly, We do by thele Prefents, for Us,OurHeirs and Succeffors,grant that theft Our Letters Patents, or the Enrolment, or "Exemplification thereof, (hall be in and by all Things good, firm, valid and eff'e&ual in the Law accord ing to the trim intent and meaning thereof, notwithftanding the not rightly. of fully reciting, mentioning, or defcribing the faid recited Letters Patents, or the Date thereof, or any other Onliffion, Imperfection, Defeat; Matter, -Caufe or Thingwhatfoever to the contrary thereof in any wife notwithflanding, In, Witnefs whereof, We 'have cactfed thefe Our Letters to be made Patents, Witnefs, WILLIA M Arch Bifhop of Canterbury, and the reit of the Guardians andJuflices of the Kingdom at LYe/lnrin/ler,the fix and twentiethDay of dugufl, in the twelfth Year of Our Reign; • By Writ cf Privy Seal. COCKS. Ci) °'t: ,e✓,:arra. L a { s:i i'9 y��,�¢ �{� -,� z:1—;!,431z zts rr �tt; :is � ter ;11s. yr z Wiz �' �' � �} j Z ' i% 'tu ,,1,/''y� �.` iR 'Z;$ Yr Ali �';.a ��2��� n a 4o to �k s �-,5` HOZ.` gO' .i `9; :z. i zzzr_, � , • SA t ,L AL lit Sit. jt SPL Sr. Jul $41. SI Sit. J}r2 1 SIL Jit SL Mt S - 54 - lit JR a At. L SU 22, S 5 SL' _ he r A° A CTIONS (civil) When to be enter'd. Re-enter'd after Default. • , • Pleas in Bar to be made before the jury, is impanelled. Tranfrtorv, to be brought where the Ple.intift' ' or Defendant is an Inhabitant. nil -continued Or non-fuited the Defendant to recover Coils. Such as were tried under the old Charter, and Execution not iffued, provided for'. Such as do not exceed the Value of Forty Shillings,nor concernFreehold,to be tried before a Judice of the Peace. Such as exceed that Sum, to be brought to the Court of Common Pleas, Where an Eflate is attached, the Defendant to be fummoncd. \Vhen brought by Writ ofSe/re-Foe/as, or Writ of Dower, how the Writs shall be fcrvcd, Brought for Goods fold, or Service dons,. the Defendant may plead his Account l 2G8 by Way of Balance to the Plaintiff's demand Page -• Page Payment to be made in Specie, if the Ad- minilirator has it in Hand. • 146 The Body and Goods of the Adminiflrator exempted from Attachment and Execit- 146 tion, unlefs upon Suggeilion of wade. 30 2 Method of proceed ing upon fuchSuggeition. 146 333 One Adminiflrator aggricv'd, may fue the others to Account. 190 132 Adminiilrators of Conflahles or Colle6.Iors deceas'd, to make up their Accounts. 261 6 To finifh the Collodion of Rates of a:1.- Rabies or Collectors deceafed, z26 70 Admiralty. • , Fees of that Court stated. . 19 Adultery and Polygamie. flits to punifh fuchOl enders, and who are citeem'd fuch. 5i Affidavits. When they may be taken,out of Court, and how to be taken Inperpetuanr rei Memo- 64 dam. AfI'raycrs, fee Justices of the Peace. Agreements by Parole, fee rauds, 302 302 1'7 V 122 I22 drought againft Perfons out of the Fro- vince, Method of Proceeding, 122 Time of their bcinghrought,limittcd. 291,358,368 Such wherein the KING is concern'd, may be brought in any Court. 127 For flanderous Words, Affault, falfc Im-? prifonment, or malicious Profecution, . 291 . Costs therein regulated. When twoParties recover Judgment again!' each other, and. Exe.cuttons iffue, the Of- 269 ficer to fatisfy one with the other. Brought for Specialties, fee Boiids. . Depending no Strip or Waite to be made. 292 Adminiffration. ".Co. whom it (hall be committed. 3 Within what Time. Cum t of amento a.vnexa, in whatCafe granted, De bonis non, nit to be granted but where there are bcrur notabilia. Adminifcrators to account with the Judge of Probate. 3 Their Bonds by whom to be fued. Bond being feed by the Judge of Probate, and judgment recover'd, Execution fhall be flay'd, in Cafe. To give Notice of the Sale of Lands. Adminiilrators may profecute or cicfendSuits commenced by or againfl the Inteflate. 237,247 Imparlance granted an Adminiilrator. 238 judgment to be made up againft the Eilate of the 1) ceafed.. 238 205 4 2 2,1 3 275 205 A Alarm. Ilow to be made, and Method of proceed- ing therein. Penalty for not appearing upon an Alarm. Making a falfe Alarm, Penalty. Allegiance. Form of the Oaths to be takeninflead of the Oath of Allegiance, and by whom to be adminiftered. Penalty for refuting to take them. Alewives, fee Filh. 42 42,105 24,206 263 Apparel. Of one Sex not to be worn by the other. 6t Appeals. From the Fudge of Probate, and 66, Zo6 Manner of profecuting. 4, 3 From a juftice of Peace in civil Caufes. 70 From a juttice of Peace in criminal Caufes. 95 From the Court of Common Pleas. 133 From theCou;'t ofGencralSeffions of thePeace. 94, To his Majefty in Council. 133 Manner of profeeutii>:gAppeals, and within what Time Security for profecuting is 120 to be given. Pending Execution, flay'd. In Snits commenced under the old. Charter, Manner of proceeding therein. 7 In Suits depending, and either Party dead, the Executor or Adminifirator to main- tain or defend. From the L)ferior Court at Nantucket, to be to the Superior Court in !Von. 62, rom 133 237 •w The 7' 11 B .Z, �. FromDukc's•County to the Superior Court at Plymouth., 62 No Reafons of Appeal to be filed. '• 296 Apprentices. Deferting their Mailers Service and enter- ing on board any Vet -el, how to proceed in fuch Cafc, Poor Children to be bound out as fuch, Males to 21 Years old, and Females i 21,21+ to 18, or Time of Marriage. Indians not to be bound out as fuch but by Confent of two Juilices. 115 VefieIs carrying "them o$; Penalty on the Mailers. They or others underAge guilty ofRefcous, or Pound Breach, how to be punned. Arms to be view'd, fee Militia. Affaults. Provided againll. .Af3ay•-Maftcrs. Appointed to prevent Abufes in diflilling of Rum. •Afieinbly General, fee Court. .Affeffo rs, To be annually chofcn and make 1�>t41,i5S� Affeffinent for Province, County, 218,256, 37 , Town and Precin& Charges. Their Oath. 256 Where none are chofcn, the Sele&-Men to ad as fuck. 20,257 Power to cafe inch as are over -rated. 20, 258 Penalty onTc wns for rcfafing or negle&ing ) to choofe Afl'eflors, and Penalty on Af- . 257 feifors for refuting to ferve. j To be appointed by the Court of General Sefiions of the Peace, in Cafe. 257 To iffue theirWarrants for gathering Town Rates or Afleilinents. 20 Form of Afieflhrs Warrant to gather Rates. 135 Two or mole of thein are authorized by Warrant to commit Delinquents. 259 Form of AffefiorsWarrant to cammitPerfons. 375 To be (worn by the Town Clerk where ,ho Jufticc dwells. 267 Af iignment of Trutt, fee Frauds. Attachment. Of Goods or other Hate a Summons to - be delivered to the Owner thereof or kit at his Dwelling houfe or Place of 122 his lafl ufual Abode. Not to be void by the Death of either Party. 248 Not di&harged until thirty Days after Judgment. 133 No Writ of Attachment to go againfl the Body ofan Executor orAdminiitrator but 146 upon a Sureftion of Waffle. Atheilin, fee Blafphen-y. Attorneys Oath and Fee. One only to he tax'd in the Fill of Coll. Not more than two to be retain'd. Millaying an Action than draw a new Writ without Fee. 182 Are to anfwer Prifon Charges, in Cafe. Jtndorfing of Writs liable to pay Coils, in Cafe. Not aliow'd to Peed or act. as Attorney in any Ccufc wherein he has, or may 151,236 ad as Judge, Page 57 202 SO V 167 222 134 134 181 153 181 i1 3 111111 1J1111 1111jIIIIIII111111IIII.IWIIIII.III Of Executors rernov'd out of the Province liable to Suits, provided the A&ion be brought within one Year after the At- torney rt.ceives the Effects. B AIL (fee Sureties.) Bayonets. To be provided in Behan. Ballaft. Not to be call into any Harbour, or taken from any Beach withoutLeave. Bars thrown open, fee Trefpaffes. Ballard. Children, who are chargeable with their Maintenance. Mt to prevent their being deilroyed, • Billerica. Bridge how to be maintained. Bills of Colt. To be taxed immediately after Judgment is given by one or more Jurlices before anyCharges ofSuit be paid.(SeeCofts.) Births and Deaths. To be regifb cd by the Town Clerk. Blafphemy. Puni(hmcnt thereof. Boards, fee Lumber. Bonds. Given b,Prifoners to the Sherifi'to be aftgned to theCreditor on anEfcapc. (SceSureties.) 2 4 Penalties of Bonds to be chzncered by the Courts of judice. (See tiquity,) 91 Forfeited for Non-performance of any Parte thereof, Judgment to be made up for the wholePenalty,& Execution awarded only - 277 for fo much of the Debt as is then due. _ . Bolton. Buildings there to be ofStoneorBrick,9nd covered withSlate, except in particular (1,106, Cafes, theGovernor & Council to grant 383 Licence to build withWood. Juilices andSele&-Men to lay out Streets, and in "Cafe of a Defolation by Fire, to 1,106 regulate and enlarge them, &c. Further Regulations of Streets, &c. 388 No Fire Works to be play'd of} there. 188 Children or Servants found offending; and unable to pay the Fine, to be imprlfon'd s 183 or fet in the Stocks. No Guns to be fired on Bohan -Neck. Firewards to be appointed there; and their Duty. (See Firewards.) 168 At their annivcrfaryMeeting to chafe Over- - fcers of the Poor, who arc to govern a \York-I-Ioufc which may he built there - 273 for the Employment of the Poor ; fee Overfeers of the Poor. Powder. Page 236 174 iso 10 67 191 251 34 1- • 179 • The B L E. Powder-Houfe to be erc&ted there ; fee Powder-Houfe. Bread. Afftze and Prizes thereof regulated. Bribery. AEt for Prevention thereof. Bricks. Aa to regulate the making of there. Bridges, fee Ways. Brute -Creatures. Cruelty in tranfporting Calves; Sheep and Lambs, forbidden. Buggery. A& against it. Burglary. Such Offenders to fitfl'er Death. Burning 1-ioufes ; fee Felony. Butchers not to be Tanners ; fee Tanners. Page Cleric. Pah Town Clerk, his Choice and Duty. 19,118 To regiticr Births and Deaths. 34. To grant I:eplevins for any Matter triable before a Judice of the Peace. 71 210 To grant Summons for Witnefles, & Form. 132 May adtnioilier an Oath to Town Officers 378 where no judice of Peace d«•ells. 267,315 Precin `t Clerk to be fworn by the Mode- rator, where no Jullice dwells. 271 Of Courts how appointed and fworn. 132 Of thePeace to render an Account of Fines. 35,1 z3 Ilis Warrants to run thro' the Province. 154, To receive Deeds when the Regiller's Of - /5 flee is vacant. 230 Of Afiize to rcncler an Account of Fines. 3;, 123 71 Of the Market. ig, 16,1. Military, fee Militia. 10, 183 Of Proprietors of Lancls,feeLands held in common. Of Courts to render an Account of Fines. 123 Counfcl, fee Attornies. . 172 C ALVES. Cruelty to them forbidden ; fee Brute -Creatures. Calve -Skins. Not to be exported ; fee Leather. Cape -Cod. Made a PrccInEl. Annexed to rrurb. Obliged to fettle a Tinnier. Fifhcrman to pay Four Pence a Week for Support of the 1Viinifler. Penalty for boxing Pine 'frees there. Cafk. UTed forLiquor,Bcef, Pork, Fifh, Naval - Stores or otherCommodities, to be full 7,147 , Meafurc, and gauged and marked by a 159 Perfon appointed for that Purpofc. Cattle. For whatCaufesHoefes, Neat-Cattic,Sheep 7 or Swine may be impounded, and when 45,So they inay be replcved. If not replcved in forty eight hours, then to be apprifcd ; and if theValn.c be more than the Damage, to be retained to the Owner. Caufeys, fee 'Ways. Chancery of the Penalty of Bolds, fee Equity. Chandlcrs, fee Nufances. Childten Poflhumous. To inherit a Part of their Father's Eflate. See Heirs. 113 Churches, fee Ministers. Church of England. Members thereof cxcufed from Charge of buii,ling.\leeting-Noufes, and theirRates 301 to be pain theMiniiier where they attend. 182 183 182 183 18z 144 Conifers. Who are accounted fuch. ago Coin. Not to be counterfeited or diminifhed. The Value afcertained by AFI. of Parliament. Sec Money. 155 Collc&tors of publick Taxes. Towns, Precin&s, &c. impower'd to chore them. 155, 164,213,25c5 No County or Town Rats to be gathered, but by Collcdtors or Cbullablcs. 165 Their Oath. 114 Penalty in Cafe of Refufal. 114. To inakeP'.-ernent agreable to theirWarrant. 165; Accepting the Trutt to fettle their Accounts in 'Time: Who exempted froth ferving. 213 Not lining their Accounts feafonably, liable to an A&ion. 69, t 64, 2 CP; deflrein and imprifon, in Cafe. 259 To deliver to theGoal-Keeper a Copy of hi, \\Tarrant in Cafe of Commit- 135, 375 ment of any Perfon. Form of tkc Warrant of Commitment. May della-chi on Perfons removed out of Town, in Cafc. 259 May collo&. Rates before the Time of Pay - mens, in Cafe. In Cafe of their Dcccnfe, others to be ap- pointed to perfedl their Coiledions. 226,259 Their Power to finish their Collections, tho others he chofcn. z6o They may require Md. z6o, zSr Penalty on fuch as refufe to afiifl Collectors. 28i `Their Executors & Adminiilrators to make up their Accounts, &c. 26,26E Comrnifiioners of Sewers. Their Appointment, Power, &c. 142 Commifiioners appointed to examine the Claims of Creditors to infolventEftates ; fee Probate of Wills. Connmiilione; s over Indians. TheirAppointment and Duty. Sce Indians. Common Lands, Common Fields, Commonages, Comm. A& foron reguShareslating them. 14.3 2I3 375 z6o 43 fee Lands held in Common. 161 Conta- • • 101 JI �1 1511 Id! r Contagiou3 Difea,Tes. 'Alts to prevent their fpreading. ConfTable. hlis Choice, Penalty for not f tieing, and who exempted. 19, z 1 His Oath. His Fees. ztS, 51 To Common Town Officers to be fworn. 19 To collec`f Pates, in Cafe. zG, 165 To provide Standards of Weights & Mca- fures, and Penalty for Neglect. 22,23 :His Power to dell -rein. 259 F]is Duty in infpe&ing Houfes of ill Fame, " and making- Complaint of diforde:ly 214. Perfons. Their Executors and Admini,`trators im- power'd to rue. 226 To warn Town Mectin o s. 22 May require Aid, in Care. 89,223 60,231 Penalty for pretending to be a Conftable. 90 Power in theExecution o FWrits & Warrants, 228 To prevent the P rophanation of the Z Sabbath. See Lord's. Day. Penalty for not returning their Warrant in the Choice of Jurors. 94.96.93 Of the neighbouring Provinces, allowed to pais and re-pafs in This, in thcExeetition z29 of their Office. To fettle their Accounts of the Collection of Taxes. 20 Dete&ive in their Rates, their Lands liable to be fold. Sr. their Bodies taken, in Cafe. z35 Centempt ofa Juflice's Warrant, fee Juilices. Conveyances, fee Deeds. Cordwainers, fee Shoemakers. The T A B Pate .113 C)26;1356, 375) 378 2) Coroner. His Oath, and Power to fummon a Jury of Inqui(tion on dead Bodies, his 1 ee and Manner of proceeding. 27,110, 1 12, 1 13 Itis Warrant of Inqueff to be dirct`ted to the Conilable. I Io To ferve Writs againif the Sherif or Mnr- fhal. 96, 113, 1.97 To give Security for their faithful Beha- viour before they ferve any Writ. 234. ]'Jay appoint Deputies. 230,291 To be anfwerable for their Deputies. 285 Not to appoint Deputies but upon parti- cular Occafions, and (did Deputies not . 290 excufed from other Duty. To return Jurors where the Sheriff or Mar- shal is concerned. Not to detain in their Hand, Money re- ceived by Execution. 284 Corruption, fee Bribery. Cols of Court. To be taxed immediately by one or more Juflices after Judgments given. To be taxed before any Charges of Suit be paid. 252 In A4`fions of flandcrous Words, Afl'aults or fdlfe ImprifDnmcnt not to exceed the Sum recovered provided it be under /rorty Shillings. How to be paid in A&ions difcontinued non -suited or defaulted. Cottages, fee Lands held in Common. Counties. Their Bounds fettled, and Charges thereof, how dcfreyed. 113 251 I I I 291 Prigc To chufe,Regifter of Deeds, 11cc. 185 To chair a Treafurcr, his Power, and with whom to account. 13, 165 Their Rates to be collected by the Collector or Conftable. 165 Net chargeable with the Expences of Pri- foners for theft, after thirty Days. 140 COUNTY COURTS. Court of Common Pleas eflahlified. 11,96,390,391 'Fhe'fimes and Places of it'sSitting. 9 3,303,390 The Juflices of fuch Court to fettle Rules, appoint a Cleric, &c. 132 Not to have Cognizance of :1c`Iions tinier 4f PP m •, o unlefs it is an Appeal froa unite of the Peace, or where Freehold is con - 96 cerned. J The Time of it's Sitting in Tome P1races altered. 2;0, 310, 366,380 Two Juilices of fuch Court impowcr'd to adjourn. After a full Adjournment, itntowel'1I to adjourn. Court of Judicature. Courts of Judicature, of Afrize Sec e(1ah1ifhed. Times and Places of it's Sitting, altered. 0 328, 366, Juflices of fuch Court 3to fetle Rules and appoint a Clerk. 13z Two Juilices of Paid Court impower'd to adjourn, in Cafe. 55,330 Juflices of fuch Court may grant Licences for Sale of Lands belonging to Idiots. rib May alfo grant Licence for the Sale of Lands of Perfons deceafed, for the Pay- 67 ment of Debts. May aflign to a Woman divorc'd, a Part of her Elufband's Eitate, 6o They may order Partition of Lands where Minors are interefled. 2.37 To have one Servant exempted from M liter), Duty. Their Fee on Petitions for Sale of Lands. Upon fpecial Occafions fuch Court to be called by theGovernor and Council. Clerk to render an Account of Fines within thirty Days. 3 123 To be held at 1l-antuc et. To he held at BarVa6le D34e'_-Coutty, To be held at Fah/south. 55 3339 7, 249 147 209 3,22.4,344 97 249 309 Court of General Sefl'ions of the Peace. Etta ilifhed. 93, 94, 95 Juilices of fuch Court to fettle the Rules and appoint a Clerk. 13: Times and Places cf it's Sitting-. 303 Time of it's Sitting at Nantuckre, tettered. J50 Time of it's SittinLe at PJ /:cu:h, terefiatie and York, altered. 366,380 Said Court to receive the -Votes for Regifter of Deeds. None to fell flrongLiquors without Licence from raid Court. 1 170 Rules to be obferv'd in grantingLicences.13, S4,17o Impower'd to remove Nufances. 68, i5 Their Power refpeaing the Support of Minifiers. 17,34,141 To appoint Gagers, Packers, Meafurers of Salt, and Cullers of Fi4i. 7, 9 Clerk to render anAccount of Fines within thirty Days. 37, Iz3 CouR'r 2 , ��9 '1 1 111 11 1111141 111116 Ilii 111111111111111111111111111111111111111111111111111d11111111i1111111111111Y1111110i1 The f" C6URT GENERAL. To be call'd by the Governor or Con1- mander in Chief. Form of the Writ and Precept. Precept to he fent out for the Choice ofR e- prefentatives, thirty Days before faid C'ourt's Sitting. NI embers of the Houfe of Reprcfentatives to be fent from every Town that have; forty Freeholders and others qualified to; vote. Regulation of thel-ioufe of Reprefentatives, See Reprefentatives. Privitedge of theMemhers offaidCourt. 32,53,147 Confirmation of their Proceedings in their , Sefiiions began 5th Sept. 1755 The Houle in Bojo: where faid Court fits not to be inctinlber'd, and Penalty on fuch as offend after Notice given by the Door -Keeper. Courts of Admiralty-, fee Admiralty. Creditors. 1 • n*. Pow e I. Due to the Crown to be firft paid. -1 Due from infolvent .Ellates tho' Re - 79, ported by tileCotnmillioner may be c:onte&ted atLaw by odd Executor or 31 Adzniniftrator. No Adion to be brought for the Reco- veryofDebts due from infolventEflates while the Coni million is depending. Deeds. Manner of 'executing 'them, To be regitircd. • 72,73,1 Manner of proving theta in, Cafe of Death or Abfence of the Grantor before they are acknowledged. Refufed .to be acknotivledgcd by the Grantor, Penalty therefor. Refufed to be acknowledged, a Copy thereof proved and filed in the Re- . gifter's Office fecures the Title. Imperfectly executed made valid if the Grantee waspoffeffed between the HI Day of ,(Jtilober 169 2, And the 'ft • Day of OElober 1704. To be lodged with the Clerk of Com- mon Pleas when the Regifiry is va- cant,he being firfl fworn to the faith- ful Difcharge of his Trull; . Fraudti.lent to be void; Deer; , , Not to be killed betwixt the Taft Day of December, and lira Day of .f'ugu/l. Ddfamation. f unifhtnelit thereof. Default.• Fos Doli appearance mon. to be entered againfi the Defendant unlefs he pay the Coil then arifen and move for a new Trial before the Jury be dila]; fs'd. .Defendant. Sse Actions. Depofitions, Bee Affidavits. Deferters, . Froth liisMajefty's Service by Sea of Land how to he proceeded with. . ro5,166 Detainer forcible. cible. See jufiice of thePeace. Devices. Of Real Etlate to be in Writing and.. figned in the Prefence of three ter - S four Witnef es. See Fratids, DiilillingIZiadi Abilfes tlierein. SeeAfl'aynaaftets, DiaraEed Perfons. See Idio'Is. Diflri6ls,, ' Acts concerning- these, 41,198 ,213,218,' `' 22y)261,2b6,27 r, To infolvent Efitates. Sce Eftates infolvent. To Mortgagers of Land. SeeMortgages. Criminal Offenders, fee Offenders. Cruelty, To Brute Creatures. Cryer. Of Courts, his Fees. . Of loft Goods, his Duty, &c, Cumberland County, -Eftablifll'd; Cu rriers. See Brute Creatures, Of Leather not to fet up Work-Houfes. in fuch Places where tliey may be Miran- ,ces. See Nufances. 15, .158, 166 drizng profanely, fee Offenders. Cuftdrn-Houfe, Fees of that Office effablifhed; and Penalty on fuch Officers as receive more than is allow'& • D EBTORS ahfconding, heir Goods or Efate liable to be at- tached wherever itmay be found, 3$1 Where noGoods or Eflate of fuel' ab - fent Perron is ex1iofed to view, his Attorney, Agent, Facitor or Trufice may be fumtnor,ed, and Manner of proceeding therein, Debts, Real, Pilate liable td ,Payment Of 1 them where the Debtor or his Attorney don't expofe to view perfonal Eftate. '-Recover'd Execution levied updn ,Real Elate therefor redeemable in a certain Time, 373 302 30 , 83 390 I Page 65,67 66 66 72 ,216 72 73 73 230 67,7 2 38r DiviGon of Lands. SeeLantts held inCointnon. Divorce, Sce Marriage. Dogs. Mifchievous, to be kill',d on Penalty. Dower; - Widows in Inteflate Eflates to have one Third.of the Perfonal Eflate, and duringLife oneThird of theReal Elate where fuch Widow is not 0- 176 therwife etl,dow'd before Marriage. 66, aoq. 13 .i„ 189 Widows , • 8 The 7 Alewives not to bd obRru5ted in their Pottage up Rivers by Dams, See IVlill Dams. O'aflrufted palling up Rivers by Wears, &c. -See Nufances. Forcible Entry &c. Sec juftice. F orefwearing. See Perjury. Foreigners ltnported, Sce Strangers, Forgery. For fuch Offence theParty to pay dou- bleCofls andllamages, have one Ear cut off, & be imprifoned oneYear. Fornication. Penalty for fuch Offences. Forts. Penalty upon Officers of Forts,Garri- fons or Truckhoufes returning falfe Mufter-Rolls. Penalty on fuch as entet any Perfon by a wrong Name. ,,Information of fuch Offences to be filed in theClerlc of Superior Court's Office 14. Days before the Sitting of faidCourt, and further proceeding therein. Fortunetellers. SeeHoufe of Correa Frauds, .Acct to prevent them in Leafes, Con- tra&ts, Promifes,agreements, De- . o, vifes,Declarations ofTrufts, Affign- ments ofTrutts,&nuncupativeWilis Receiving or giving Money for the Procurement of any Office or Place of Trua. (See Bribery.) In curing .and packing of Fifh, pack- ing Beef,Pork,Turpentine,&c, See Filh,Cask,Naval-Stores,Packers &c. Freeholders. Their Right of voting. See Town-. Meetings. -Funerals. When not to be folemnized. See Lord's -Days. �4 Page 297 II I0,151 G _ AGERS. To be appointed by the Quarter Seffions annually and fworn. 7, 47,148 Fee; 7, 148 Their Duty. 7,8,148 Gamefters: Sce Houle of CorreEion, Gaming, In"publickHoufes forbidden on Penalty. 13 Gardens, rob'd (fee Trefpafs.) Gates, thrown open (fee Trefpafs.) General Court, See Court; 262 263 263 ion. } 1 4,5,6 37 i B .L Pa; t' Glafs Windows. Broken wilfully Punithment thereof. 1SFJ Goods aolcn. 'See Theft • - Goods. Found how the Finder Ihall proceed and .Penalty for his ncgleet of Duty. 8 Goas. Such as are not liable to be taken far Rate's. See Rates. 261 Goods attached. See Attachment. Goods. . • Sold, Bargain to be in Writing if up- wards of ten Pounds Value, unlefs fome Part are delivered. SeeFrauds. Preferved from Fire not to be con- cealed. See Etnbezelment.. Grand -Children, See Heirs. • Grantees in newPlantations. SeeTownfhips. Grants, From the General Court forfeited in Cafe. Grafs, Not to be cut without Leave- of the Owner. Sce Trefpafs. Guardians to be appointed before they Divi(on of Intefl;ate Eftates, J Of Minors above the Age of fourteen ...Years to be chofen by them and al- lowed by the. Judge of Probate of Wills. Of Minors under that Age to be ap- pointed by the Judge. Of Idiots to be appointed by the Judge.of Probate. Of Minors, impowered to join in the Partition of Real Eftates. To account with the Minor when he arrives to full Age or fooner if the Judge of Probate upon Complaint (hall require it. Guns. Firing them in the Night in Time of War forbidden. Not to be fired off near the Road on Bo/loit Neck, See BJJon. Gun -Powder. • To be covered while carrying thro' the Streets in Bo/Ion on Penalty. 187 Not to be carried on Trucks on Pe- nalty. • 202 To be lodged in the PowderHoufe ex- cept it be a Quantity under 5o wt. Not to be kept in .Veffels lying at a Wharf£. 202 Kept ipShops to Retail, to be kept in brafs or tin Tunnels. See Powder-Houfe. 202 5 169 I 1 !wain iii nhlYI 193 32 32 206 237 32 105 154 kI k _4 The I' H ,ARBOURS, Not to be damaged by BallaAI orRub- bi(h thrown out ot Vef'eis. Harvard -College, Corporation iinpowred to make Sale ot Lands. Hawkers. Sec Pedlars. . }Iayvards, Z'o be chofen annually. Their D'Uty. Their Fee. Penalty for refufingto fei•ve or neglea of Duty. Not to be obaruc` ed in their Duty. To be chofen ley Proprietors of Lands 248 held in common. Hedges, broke or removed. See Trefpafs. inRivers to obflruet thePafiage of Fifh. See Nufances.. Heirs, to Eflates Intefnate. Children and their Reprefentatives,to chore ejually,except the eldeft Son, who is to have two Shares. Brothers and Sitters & theirReprefen- tatives to (hare equally with theMo- ther in the Bate of a Child dying after the Death of itsFather, where there is ne Wife or Iffue. Grand -Children intitled to aShare, ilio' theirFather died in theLife- time of the lnteftate. Kindred nigheft to the tnteftate to ha4e it fetled upon them if the Elate cannot be divided. To render to the Widow hcrpow- er 'Within one Moth atter de- maladed. (SeeEttates Inteflate.) Hides, Raw not to be exported except toGreat Britain. (Sce Leather.) Highways. See Ways. nghain, lnvefted with Power to call Proprietors 1\'lecti.Igs. Hopkinflon, 11'ruflees impowered to give new In- dentures, Tenants impowered to divide their Commons, and a Re- gifter to be appointed. Bodes, Not to be f'thip'd before they are toll'd. Penalty on Rich as (hip them and on Mailers ofVefltls who receive thein) 119 on board before they are toll'd. Going on a Commit to be firft entree' with the Town Clerk. 45 found doingDamagcinCorn- 'ields or Inclofures. (See Cattle & Haywards.) 45 1 oFpital, On Rainsfard's lfland regulated. See Siekitefs. 375378 Houle of' Reprefcntatives. See Re- prefentattvcs. Houk -breaking, to the Night tone. See Burglary. 183 L E. Page Houle -burning. See Felony. ou (s, alicior�fly or wantonly damaged. i8o Houfe of Corre&ion, hoat be provided in each County. AIVlafler & Wardens to be appointed. 369 Rogue6,Vagabonds,l3eggars; idlePer- fons,&c. to be fent there. Indian Negro or Molatto Servants found Abroad, after nine o'Clock atNight, or otherwife diforderly, to be fent there. Government of fuck Houle. • 44 ; , The Mafter'sDuty and Pay. go ; Hue & Cries after Criminals. See Juftice of Peace his Power. 45 4679 46 I 3 3 113,276 341 123 115 379 299 118 I 1 DIOTS and diftra&ed Perfons. Select -Men or Overfeers of the Poor to provide for their Relief. Their Eftates to be improved or fold. Their Eftate liable to the Payment of Debts. When fuch Perfons are Heirs to in- 2 tetlate Eftates no Divifion to be made 'tillGuardians are appointed. Jefuits. See popifh Priells. Illegitimate Children. Sce Bafthrds• Imbezlement. When any Perfon is fufpecc..ted by an Executor or Adrniniflrator of con- cealing Goods belonging to theDe- ceafed, fuch fhall clear thernfelves by Oath or be committed. When any one is fufpeEted by the 1-leir or others interefted, he is to clear him felt byOath,orcommitted. AlienatingGeods or Chnttles of aPer- fon deceafed before Letters of Ad- miniftration are taken out. Goods taken away at Fires and con- cealing them two Dayr after Pro- clamation is made. Imrnora1itiea. Ad againft them to be read in Town - Meetings. Impotent Perfons • Brought into this fupported. Impoft, Duties on Goods imported and 7 ,( ,2'0 cxpnrt, d to the Goverament of 219,220 Hamp/hi7e. C Inciofures. 188 99 g9,tot 99,214 145 cj9, t co 99, 1oa 50 50 159 206 7 • 66 114 4 169 170 Province how tO be 126 o The Inclofures, Not to be Mid open. Inceftuous Marriage. Indians. Commiflioners to be appointed who are to have the Care of then: Penalty on fuch as fell therm ffrong Drink,and Manner of Cnnvi&tion. Strong Drink found with them to be feized. 49 Selling ftolen Goods to be punifhed. 82 Not to be put out as an Apprentice but by the Allowance of twofuftices. 'r 15,201 To be reliev'd by the Court of Scfiion, if aggrieved. 116 - Selling their Lands without Licence to be void, faving Lands purchas'd of Indians at Nantucket, Martha's - Vineyard, & eaftward of Pifcataway. Making Devife of Lands to be void unlefs approved of by the General 328 Court. GivingLeafes of Lands to be approved of by the General Seflions. Giving a Note Bond or otherSpecialty void,unlefs approved bytwoJuftices, 2o1 Contract for Service void unlefs ap- proved by two Juflices. 201 Lands not liable to pay their Debts. 205 Such as are Servants not to be A- broad after nine o'Clock at Night. Imported into this Province to be entred in the Secretary's Office, and Security given. Infection. See Siclsnefs. Indigent Perfons, Sce Poor. Inhabitants. See Town Inhabitants. lnholders. See licenced Hcrufes & Taverns. Inqueff. See Jurors. Infolvent Eftates. See Elates. Interef t, For the Loan of Money &c. fix'd,and Penalty for contra&irtg or receiving more. Joift. See Lumber. Iffue mixt, ByMarriageorFornication withNegros or Molattos, Penalty. 151,152 Judgment of Court, Not to be arrefted or reverfed for cir-` cumflantial Errors. 132 To be fatisfied in the fame Specie as the Judgment was given for. Furors Grand. To be annually chofen and fworn. Penalty for not appearing. Their Oath. ,To enquire into and prefent the Breach of all Laws and Mil -de- meanors proper for theirEnquiry Their Allowance. To terve one Year. Not obliged to terve more than one Year in three. Jurors Petit. For theCourt of GencralScfiions of the Peace their Choice &c. Page See Trefpafs. 231 See Marriages. 48 49 137 138 145 174)175 35 57 58 26 57,137 58,209,244 57 58 94 For the Court of Common Pleas. For the Court of Afliza &c. Their Oath. Their Allowance. Fine for Default of Appearance. Fine not paid to be levied on&oods or Chattles. 5g To he return'd by theSberiffinCafe. 95,96,95 Allowance to Persons appointed to keep them. 267 Jurors for Ingtteff. now to be fuinnioned and Manner of proceeding. I1© Juftice of the Peace. His Oath. 25 His Fees. To take Cognizance of, a, punifh breakers of the Peace, profane Swearers or -Curlers, Drunkards, unlawfulGamefters,Perfons who fell Weights orlVleafure s unfealed, diforders in licenced lToufes,&c. To take Cognit.ance of, and punifh defamatory Lying and Libelling, and Theft, provided thcDamage exceed not forty Shillings. To punifh breakers of the Sabbath. See Lord's Day. To caufe to be flayed and arrcfied, (upon his own view or other fufficient Evidence) all Alrayers, Rioters D.iaurbers and Breakers ro, r r, of theFeace,Perfons going armed 1c6 offe.nfively,ruch as ufe thrcatning and menacingSpeeches, Dcfcrters from the Land or Sea Service, and other criminal ()Fenders. To command anyPcrfon'sAflillance in theAbfence o; a SherifforConftab!e. Walking by rligirt to iufpccl the order of the Town ‘vherein they dwell, may corn manclConflables orWatch- men to attend them. To hear Complaints of Perfons fel- ling Liquors without Licence. 63 May bind over Perfons charged or fu- fpected of having begotten Bollards. To hear 8z determine all Debts, rf'ref- paffes and other Matters under the value of Forty Shillings, where Fret- 7 0 hold is not concerned. Sutnmons,Capias,orAttachmcrtt to be ferved fevenDays before theTrial. 70' To 'flue a Warrant of Contempt inCafe of Non-appearance. 10 May iflue a Writ of Scire radar upon theJud mcnt of a dcccafedJuftice. 365 Forms of Summons forAppe;trance, Summons when Goods are at- tached, Capias or Attachment, r� 130,r31 Warrant for Contempt,Exccuti- on,orWarrant of Dill refs. Form of a Writ of Replevin. Form of a Writ of Sire Taci:rs. 129 To grant auAphcal if dornanded, pro- vided the Party recognizes with one fufficient Surety in tlir va!ue of the r 0 Debi, 93 2.6 195 .8 196 27,70 9,371f''4 85,289 I1 392 90 217 To -10 fr The TIELE Page To hear and determine the Breach of By -Laws and punifh Offenders. 20,190 To makeEnquiry of forcibleEntry and 'Detainer,and proceeding thereon. 10,117 Manner of proceeding in Adtions of Trefpafs,where the Defendant jufti- 81 fies on Plea of Title. To fummons Witnefies to appear be- fore Referees. 312 To,afiift in laying out Streets in Cafe of Defolation by Fire. 2 To call Town Meetings in Cafe. 22 To call Precind or Parifh Meet- - Ings. 223,266,27 To call Proprietors Meetings. 175,199,277 To folemnize Marriages, & at- tend theDire&ionsof theLaw 16,6o,196 therein on Penalty. Two (Quorum unus) to hearComplairit -1 of Infolence or Violence offered to Perfons in the Streets &c. provided the General Seflions of the Peace . are not Sitting. Two, to give their AfTent to binding out poor Children. Together with Se1e51-men to give Surveyors their Diftrict. Two, together with Select -men to ap-: point 'proper Places for Slaughter- Houfes and other T'rades,which are Nufances. To fee theLaws refpe&ingSchools and School-mafters duly executed. To appoint Appraizers of Cattle &c. impounded. Two, c' uorum unta, to, make out Warrants of Aflcfsmcnt for the Support of Minifters. Two, Quorum amus,. may bind out Indian Servants. Two,rroruin onus, to take Affidavits in perpetuum res memoriam. To take Affidavits out of Court. To ednventMafters oft eff-elsonfuf- picion of their having IandedPaf- 1 fingers orGoodscontrary toLaw. To order infectious Veffels or Perfons to the Province Hofpital. To impr.efs [Joules to entertain fick Perfons. To take up Hawkers and Pedlars, and bifid them over. To appoint Viewers of Shingles &c. in Cafe. May adminifler the Oath to Sealersof Weights and vieafures. To profecute Offenders refpealing the - A(lize of Bread, and Power to feize it himfelf in the County where he he dwells. - M ay order the Releafe of Mariners ta- ken for Debts contracted after en- ired upon a Voyage. NI ay fwear Appraizers to intestate E - flares in Cafe. Two to dile their Warrants for the Choice of a Regiftcr of Deeds. To render an Acdount of Fines every IIX Months. 167 KING. Compaffing or imagining his Death. See High Treafon, K 2141 L 1 SAME Perfons. .Not Inhabitants of this Province,how to be fupported. See Poor. 126 166 Not to be excus'd frotnMilitaryDuty by a Certificate fromSurgeons un- «40,139 lefs approved by their Officers. j 737 Land Bank. Acts to put 'an End to it. Lands. 141 Taken by .Execution redeemable. See Equity. In Poffei3ion alirnitedTime quieted. 74,186 115 Granted by the General Court,and not fetled. SeeGrants. 193 64 Of Perfons deceafed, may be fold by Order of theJuftices of the Superior Court for Payment of Debts. 67 Not to be fold 'till dueNotice is given by the Executor or Adminiftatot. 205 See Eftates and Executions, . 378 Lands held in Common. Proprietors to call a Meeting, 17(3,189, 136 chute aClerk,raifeMoney &c. 5 235, 363.. To cliufe a Treafurer. $ 293 232 'l'o chufe Afieflo.ts and Colledtars. 248,2.93 To run the Line and afcertain the 61 Bounds, once in two Years. 19 To make Partition when required. 36 315 To make Orders and annex Penalties. 2i9 To fue and defend, and Manner of proceeding therein. 52,53,235 The Charge of Petting up.Fcnce to be proportioned among theProprietors. 248 - How it fhall,be maintained: S8)199)248 Damage clone for want of fuff cientFence. So To choofe a Hayward. 248 •NoTrees to be cut down orStrip made 263 without Leave from theProprietors.8r, 240 Nothing to be tranfa6led at theirMcet= 229 ings, but what is expelled in the Notificationexpelled 12.3 227 II Page 145 309, 314, 316, 33g., 345,372,383. 64 5,136 46 177 Cottages I id�awSt:h;:Za,i1d l 5 The7ABLl' rage Cottages &c, not intitled to Commo- nages, but in Cafe. 19 Leafes by Parole &c. See Frauds. Leather. To be fealed before it goes from the Tanners, and further 1_ sir rations 76, 77 refpe&ing it. Sealer to be appointed & his Duty. His Oath. Penalty for refuting to ferve. ..Not to be exported,except toGt,Britain. Not to be drefs'd with Lime, Allum, 158 or Oil. Proper Places for currying it to be I afigned. See Nufances. 5,166 Legacies. May be recovered at 35 tegatces. Refiduary may fue Co -Executor. See Executors. Libelling. Punifhment thereof. I1,i72 Licence. For felling ftrong Drink to be (pent} without Doors. None to fell without Licence on Pe2'63'1/0 nalty. To have theApprobation of theSeledta Men. 170 To be granted by the Justices of the Qarter Seflions. 12,13 Time for granting it. 86 To be renewed yearly andBond giveta. 13,84 Form of Recognizance. 85 The keeper of licenced Houfes not to fuffer drinking or tippling in or a- 55 bout his Houle on Penalty. . Unable to pay the Fine to fuffer cor- poral Punifhment. 63 Their Licence to be forfeited in Cafe. 56 Liquors to be'feized if found in Un- licensed Houfes after one Cotivtai- 63 on of felling. Set Tavern. Light-Houfe. Aels for building and fupporting it. 184,349 Limitation A&. SeeLands in Poffef ion, _Lincoln, Erected into a County. 391 Liquors. Not to be fold by unlicensed Pcrfcns. See Licences. Lord's -Day. The feveralA&s refpe&ing the Lord's - Day are repealed,and one Ac`s eftab- 393 lifhed in their Stead. Lotteries. Acts for fuppreffing them. 203,270,362 Lu rnber. Shingles under due Mize or defe&ive 6r,166 forfeited. Boards, Plank, Timber, or Slit -work to be furveyed &c. before Sale. 165 urveyors &c. to be chofen annually. Ma(lers of �eflels. FFees for furveying, telling &c. i55� 160 Not to receive on board theirVeffelsPro- vifions without theP•aeker'sMark. 8 Noe 1977 26 16.E 11.5 common Law. 146 M j'CREL. Caught too early. See Fifh. Malt. To be fufficicntly dried cleanfed and viewed before the Sale, and how it 121 is to be meafured. Marblehead. A6t to fecure the Harbour and Beach 254 there. Mariners. Not to be arrcfted forDebts contra6ted while they belong to Ships. Not to be fh'ip'd and kept ort board one Veffel, aftcrNotice given ot his belonging to another. Deferting their Service how to be pro- ceeded with. 46,106 Market Clerk. See Clerk. Marriages. 13y whom to be folcmnized. 16,50,1995 Fee. 6 Intentions orPurpofe of Marriage how 16,6o to be made puhlick. Not to be pulled down when potted 16 on Penalty. 61 Banns forbidden, how to proceed. Of white People with Negro or Mo- latto, fol bidden. 152 Se.cret,incefluous or clandeftine guard- ed against. 593246 Of Perfons when their former Hus- bands or Wives are alive, in what . 51 Cate its accounted Felony. When a Marriage is to be declared 16,89 void. When Divorce is rnade the Parties not to dwell together. • 60. Punifhment of fuch as do not abide by the Decree of the Governor and 371 Council. When aWoman is divorced may have a Part ot her Husband's Eflate af- 60 figned her. Certificates of Marriages to be return- ed by the Juftice or Miniffer to the 61 Town -Clerk. Register of them to be kept. 16,61, 1 96,247 Lift to be delivered by the Town -Clerk 196 to the Clerk of the Sefftons. 1Vlartha s-VVneyard, 62 Erected in a County &c. 46 46 J I. 111 III IILI Il�nlu�lijI,�I�7 �YhM IIl01Y1iiilS 1 1 The tA F L E. Page Not to receiveFifh on Board till it has 200 pafs'd a fworn Culler. Not to take on Board for Exportation raw Hides &c. till I3ond is given. i i 5 Not to bring any Lame or impotent t26 Perfons into this Province. To report at thelmpoft Office, Goods brought from /Vete-Hampjhire. 219 Not to engage Seamen (lttp'd before. 46 See Mariners. To give Security for Paffengers, 125,225 Importing Indians. See Indians. . 174. Importing Negroes tot -COIN the Duty. 152 Not to entertain on Board theirVefels 57 Men's Sons or Servants. Meafurer of Salt or Lumber. See Lumber and Salt. Meafures and Weights. A Sealer to be annually chofen and 22'315 (worn• . His Duty and Fees. 23,149,150 >288, 315 Dimenfions Elated. 22,116,266 To be fealed yearly. 23 Standard to be provided and fealed by the Province Treafurer. 23,149 Standard agreable to that to be pro- vided by theConftable and commit- 22 ted to the Selea- Men. Penalty onSele61 M en, Conftables &c. 23 for neglect of Duty. Penalty on fuch as neglect to have their Weights and Meafures.fealed, 49 and for weighing or meafuring with- out. Not to be expofed to Sale unfealed. Meat, Blown forbidden to be fold. Militia, Formed and regulated. Miller. To be provided with Scales and t eights,and weigh Corn and Meal if defired. His "Toll for grinding ftated. Penalty for taking too much Toll or refuting to weigh Corn & Meal. MiSllsi• tanding in need of Repair how a Meeting of the Owners (hall be 1 called, and Manner ot proceeded therein. Built on Lands by Content of the Pro- prietorsnot to be molded afterwards. Occasioning the overflowing of Land, theParty injur'd to recoverDamages. Darns, Made to fupply them with Water not to be broken or datnag-ed. Owners to snake a fuitable PaiTage for Fifh in fuch Dams. 313,322 1VliniRers, "towns to be provided with then. x6 Method of choofing them ; faving to Bo/nen. 33,34 Towns de(titute ot them to be provided by the Qiarter Sefi'ion!. 16,17 Chofen by the Church and not appro- bated by thcTown,how to proceed. 62D 289 15 38,98,104,13931 74 160, 252 I00 253 160 181 18o 243 3 Foie In Choice of then the fame Perfons who vote in the Church may alto 62 vote 111 the Town., Their Settlement and Support pro- vided tor. /6,34,141,3ot To take inSuceeilion Parfonage Lands. 370 Grants orl)onations to them or to the Prior of theChurth to be feed for or 376 , defended by the Church Officers. Contracts with them to be fulfilled. .flliferate,^Towns not obliged to fupport 386 the Of Precih&s how to be fupported. . See Precincts. 198 May folemnite Marriages in their 16,60 own Towns. May marry Perfons in the nextTown, 195 in Cafe. Are to attend the Direelion of Law 60 refpeeling Marriages on Penalty. Of the Church of England, may have the Benefit of the Rates of fuch,, 301 Perfons as attend with them. Together, with, neighbouring Mini- 2 fters to approbate GratnlnarSchool- Ls Mailers. Not to be accepted as School -Matter of their Town. Molattos or Negros, �� Not to put off stolen Goods. Not to beAbroad after nine o'Clock at Y4S Night. r 8 Not to be entertained in public Houfes. 4 Not to (lrtke a white Perfon. ' 15Z Not to intermarry with white Peo- p]e, and Penalty on fuck as join 151,152 them in Marriage. • Comtnitting Fornication with white Perfons how to be proceeded with. 15i To attend in Cafe of an Alarm. 157 14.E 137 137 Money. Silver, Value thereof 155,295,304,318,326 Rated, .f 329533133373340• Counterfeit or bafe not to be uttered, t 19,143 Counterfeited or dirninifhed, Punifh- ment thereof. 119,143,366 Stolen. See Theft. ' • 83 Found how to proceed. Mortgages, r 2 To be Regiftred. How to be difcharged. 73 Time allowed for Redemption. See 9z Equity. May be redeemed by the Creditor of the Morrgager, and the Title be 250 good. See Eftates. Murder, To be punifhed with Death. Mutter -Rolls of Forts &c. SeeForts. 7E 14 NAN.UCI�T?.Appeals from the Inferor Court there to be tried at Dillon, 61.2 34 Court of Mize to be occaftonally held there: Times of holding the Courts there altered. 35c• Naval Office, Eftablilhed, and Fees for laid Office. 138 - Penalty for taking greater Fees., No Vefiel to be cleared there till the 185 , Light-Houfe Dues are paid. ?aval=Stores. ' Aflize of Calk for Tar, Pitch, Tur pentine and Rozin. 'ro be fearched and marked before its offered to Sale. Turpentine to be (trained before it is put up for Sale. Acct for thePrefervation of PineTrees&c. Negroes; _ Not to have their Freedom till the Town is fecured. Duty upon them to be fecured upon 152 Importation. To do Service equivalent to Trainings and attend in Cafe of Alarm. See Nlolatto. ,New. Hampf ire. Goods imported from thence to pay a.Duty. See Impo(i Office. 219 New Plantations: Impowered to affefs levy and collet Taxes. Non compos Perfons. See Idiots. •Nonfuits, See Colts. , Notary Public. Fees eftabltfhed. Nuncupative Wills. In what Cafes to be Good and Manner of proving them. See Wills. Nuances. Slaughter Houfes, Dif�ill-Houfes,Tal- low-Chandlers, Curriers & Dreffers of Leather in improper Places. 15,68,1580 66467 66,167 FittE obftrueled in Rivers by Weares, 162 Hedges &c. in theSpring of .theYear. 2.4.o Potters Kilns fet up in Sea -port or !VlarketTowns in anyPlace but fuch' .292 as rs_affigned for that Purpofe. Nigh -ways, Country Roads, Streets &c. annoyed or incumbered. 44)75 Buildings in Bo/lon made contrary to Law. The tiridBLE,• N Page 97' 139 147 159 148 183 144 157 348 ()ATE. • Forms of.fuch as are to be taken in-. ftead of the Oaths of Allegiance. and to be taken by Officers and others when required,and Penal- ty for Refufal. . Form of a Councellor s Oath, . Of the Juftices of thebuperior and In- ferior Court. Of a Juftice of the Peace. Of Sheriffs or Martha's. Of Town Clerk. Of Coroners Jurorsand Witneffes. Of "Tythingmen. Of Attornies. Of Aff'efi'ors. Of Collc6tors of Taxes. Of Conlables. Of .Cullers of F}fh. Of Gagers and Searchers of Naval - Stores. Of Mafters of Vef3els upon entring of Goods at the Import: Office. Of Perfons accufed of felling ftrong Drink to Indians; Of Affaymafters. Of Grand -Jurors. Of Petit Jurors. Of Leather Sealers, Clerk of the Market arid Packer. Of the Clerk of Militia. Qrakers to take a Declaration inftead of an Oath. To be 'taken refpeeling Bills of the neighbouring Governments. Offenders Criminal. 0 • Page • 24,207 132 :. 177 • . A&sto fupprefs &punifhthem. (See Juftice of the Peace.) 25 25 26 26 1 I 0 85 23 6 214. 26 • 200 149 220 9 222 26 26 26 40. 25 332 9537,95 55, 99, too5 tor, 145054,169, t70,17I,195, 253, 272 Cflicers. Of Forts and Garrifons. (See Forts.) Of Towns. (See Towns.) Military. (See Militia.) Orchards robb'd. (See Trefpafs.) Overfecrs of the Poor. Their Power & Duty. See Poor and 5eledtmen. PACKERS. ' Their Appointment, Duty and Oath. 7,8,26 Pamphlets. ' Obfcene or profane &c. not to be pub- . li(hed on Penalty. See Libeling. 172 Parifli. See Precinttt. Partition of Eftates, See Eftates. Pedlars, 6.9 P • 21,50,278 ail, sansisacinis occniJiniiiiii. U4dnULInY4hu01,J, OI J.FId �lii�ililL� I i. r...•♦52j. 1t • The l' AB LE. 4 Pedlers. Not allowed on Penalty. Perambulation. On Boundary Lines. (See Towns.) Perjury. Punithment thereof., (See Frauds.) Pilferers._ See Houfe of Correction. Pine Trees. Not to be boxed or bark'd.. (See Naval -Stores.) Pitch. Sec Naval -Stores, Plank. See Lumber'. Pleas. To be in Englifh. 132 Of Title inJuftification before aJuftice of the Peace.. See Juftice. 81 Of Bar and Abatement to be made before iffuable Plea. Proceedings on Appeals on Judgment in Pleas of Bar and Abatement. Of Bar and Abatement to be filed before the Jury is impannelled. 302 See Actions and Writs. • Of Difclaimer or Non -tenure. See ,Ejement and Trefpafs. • 242 Polygamie. What is accounted fo & it'sPunifbinent. 51,89 ,Poor. Seleet-Men (where Overfcers are not Cholera) to have the Care of them. 21,214_ Children and fuch as live idly to be fet to Work or bound out. [oI,214,3o6 When they are to be relieved at the Charge of the Province. 126,136 When at theCharge of the Town./ t 1,,259 When by their Relations. z t When to be fupported by fuch as receive and entertain 'there on 282,290 their frrft coming into theTown. An Affefsment to be made for Stock to Pet thePoor toWork. SeeW orkhoufe. 101 Popes . No J�eftrit or Popifh Priefi to rcfcle in the Province unlefs occafioned by� 107 Shipwreck of fome other unavoid able Means. J Poffcfliion, SeeLands in Pofleflion C VXTrits. Pofthumus Children. See Eftates.. ?offs. Palling Ferries without delay., Ferries. Potters Kilns. See Nufances. Pounds. To be provided and maintained in every Town. Penalty for being unprovided. • • Fee to the Hayward and Keeper of 46'8 J Pounds. See Hayward. _ For what Caufes Cattle &c. may be impounded, Manner of Proceed- 79, •80 ing, and Penalty uponfuch asRef- cue them. - Owners of fuch Creatures if known, to I:e notified. Page 232 I2 183 397 397 (See 6g 79 252 w.� So Page If not Repleived within 48 Hours,or otherwifc orderly [cleared to be ap- , 145 praized &c. Penalty for Pound Breach and Man- ner of proceeding, inCafe it is coin- , mined by Perfons under Age. ; 4 Powder-Houfe. To he under the Diredtion of the Go- vernorand Council. All Powder to be lodged there, Paving to Forts &c. Allowance for Merchant's Powder being there. , Keeper's Charge how defreyed. Powder found out of thePowderHoufe forfeited,and the Owner to be fined. See Gun -Powder. Precepts, • • For the Choice of Reprefentatives. See Reprefentatives. Prefcription, See Lands in Peffeffion: Precin5ts. Inhabitants thereof to be affembled the firft Time by a Juf}ice of thePeace. Juftice of thePeace impowred to call a Meeting after thefirftTime inCafe. 266,27r Impowred to raife and aifefs Money to fupport ,public Worfhip. So 1S4. 154• r54- 154 54 154 263 223 198 To choofe neceffary '& proper Officers. 198 To choofe Collectors of Rates and be anfwcrable for them. • 2[3,261 Warrant for Collection of Taxes to be the fame of a TownWarrant. 141 Affeffors to be under Oath. 218 To choofe a Committee who are' to have the famePower in calling -198,218 Meetings &c. as Seledt-Men of Towns. - Nothing to be d&ed upon at their Meeting but what is inferted in 223,267 their Warrant. - To choofe Officers in Cafe of • a Va- cancy in the fameManner asTowns. 366 Moderator of the Meeting to fwear the Clerk in Cafe. 27r May foe and defend, and Manner of proceeding therein. • i. 52 When they are let off from anyTown,the Remainder to be an intire Precirn t. 198 PriCons. To be provided in every County, and in. the Shire Town. I IO To be in the Cuftody of the Sheriff. 102 Prifoners. On Mean Procels how long they may be held. Making Efcape to be accounted one Io8 Evidt.nce. Aflifted to Efcape, Penalty. 109 Efcaping with the Keeper's ICnow- ledge, Penalty on him. 109 Efcape of Dcbtors thro' infufficiency of the Prifon, the County to be anfwe- 109 rable. Efcape whenBond is given for Liberty of the Yard, the Bond to be made over to the Creditor. Charges 133 274- i.,tr—r" ':: 1 ad,i,. u!ion I t iI FSI,; 4 ..),y,Wl: rt{ffr'f�hr 'r it tit' ''nI+:SFd.j;% 4' P 1.1 • • • i meTABL Page 'Charges lo be borne by the Attorney - or Lawyer in Cafe. Keeper to return a Lift of Prifoners at opening of the Court of Aflize. Io8 . His Duty and PPenalty U ar �" t:.f� after 108 To difcharge Days unlefs Char es arc fecured. 14.0 To difpofe of the Prifoner for Payment I to of Prifon Fees in Cafe. Salary allow'd the Sheriff' or Keeper. 100 2 Fees. To hold Perfons inPrifon by theCopy of AffeforsWarrant. See Affcifors. Probate of Wills. Any Perfon knowing hi'nfelfto toc named Executor in any Will,caufe the fame to be proved and re- corded within 30 Days after the Teftator's Deceafe, or declare his Refufal of theTruft. SeeExecutors. fudge to hold hisCourt on certain Days, which are to be publickly notified. 206 To grant Letters of Adm ni further 3 ,205 on inteftate Eftates,and to proceed thereon. May fettle Inteftate Eftates lyingin fe- veral Counties. 272 See Adminiftration & Eftates Inteftate. May call bt}orep1rfons m tfufpe�tedd tof^ upon Oa, 'concealing Goods belonging to the Deceafed. See Etnbezelment. To appoint Guardians of Minors. 32 'Of Idiots. See Guardians. 206 To appointCommiflioners to receive and examine Claims to InfolventEtlates. 65 See Eftates infolvent. Not to judge or plead in any civiIJ Action, which may have any De- t pendence or Relation to any Sen- tence or Decree pafs'd by him. Office Fees. Proceffes. Iffuing out of the Superior Court. 97 lfluing out of the Inferior Court. 96 Original and Judicial whofe Tett they shall bear. Sec Writs,Prifaners and 3 128 Sureties. Prophanefs, punifhable. See Juffice of the Peace. Proprietors of common Lands and Fields. See Lands held in Common. 'Of Wharves. Set Wharves. Province Monet. s, . • Accounts of the i(fuing and .difpofal of them to be laid bctore the Ge-' 65 neral Court. rnblick Houfes. See Taverns and Licences. J53 135 4 • 66, X14 236 27 Page UAKERS, 25 Declaration of Fidelity. Declaration inflead of Abjuration Oath. 208 R RAPE. Sec Felony. 71 Rates. To be apportioned in Towns &c. by 258 the Province Tax. Committed toColle&.lors orConfta- - bles, and deficient their Bodies and Eftates liable, and when no 260,261 Estate can be found, the Town is anfwerable. Unequally laid on any Pcrfon, may 25g32gI. be relieved.• Being paid by a Perfon Refident in any Town, (hall not oblige fuch 289 Town to fupport them. See Affeifors and Collectors. Recognizance, Forfeited, by whom to be fued. 86 Not to be put in Suit atter two Years, 87 Redemption of Elates. See Eftates and Equity. Re-entry of Action. 3oz See Action. Reformation. Ad for the Reformation of Manners. 169 Regimental ,Mutters. 39 See Militia. Regifter of Deeds. To be chofen by theFreeholders in the County once in five Years, 185, 216 and to be under Bonds. His Office to be kept in the Shire x86,216 Town. How to be chofen inCafe of a Vacancy.tb,229 His Duty. 7 24.6 His Fees. See Deeds. 73,230,246 Rencounter and Duelling. Punifhment thereof. 253 Rents, Liable to fatisfy an Execution. 204. See Execution. Replevin. Form of the Writ. See Writ. 217 8 Manner of profecuting. o The Defendant obliged to anfwer if an 1 attefled Copy of the Writ is left at 217. his Houfe. May be granted by the Town -Clerk. See Pounds. Reports, . To a Perfon's Hurt. (See Libelling. Reprr • 71 u 06 1 1111111101111 IIiIIJ11111111N11111011111111 TheT 4 13 L e I9 Rep'refchtatives; For the Choice of them, Sheriffs to make out their Precepts within fe- ven Days after the Receipt of his Majefly's Writ. Sele&-Men to call aMeeting,and Con• - ftables to warn it.47 Every Town that has forty Freehol- ders and others qualified to vote to 31 fend one. Note. By an Ad of.the 4th of ,George - the fecond,Towns were not obliged to fendvvithout having eightyVoters, but this Act was difallowed. Two may be fent from Towns which have one Hundred and twenty Free- holders and others qualified to vote. Four may be fent from the Town of offcn.• In the Choice of them the Select -Men to regulate the Meeting. Forty to conftitute a Houfe. The Houfe to beJudges of the Electi- on and Qualification of their own Members. Penalty for Non -Attendance. Penalty on Select-Men,SherifforCon- ftables for Neglect of Duty. Not fo depart without Leave of the Houfe. Neither themfclves orServants to be ar- refted or molested during theSeffion. Their Allowance for Attendance. Voters in theChoice of them queftion- ed as to their Q, ialifications are to make Oath. Penalty onPerfons putting in more than one Vote, and for voting not qualified. To have a and or Servant exempted from Military Duty. Not to be delayed at Ferries and tranf- ported Ferriage free. Meffengers Allowance for Attendance. Refcous. (See Haywards and Pounds.) Retailers. Their Houfes to be infpeded by the proper Officers. 56,245 Not•to fut'fer Town Dwellers to be in their Houfe on the Lord's Day. 393 To forfeit Debts for Vi&uals & Drink to Inhabitants if the Debt be more 219 than ten Shillings. Their Licence forfeited in Cafe. (See Licence and Tavern.) 56 Review in Civil Caufes. Granted once in each Court. 133,134 To be brought in three Years from the Judgment reviewed. • 134. Party bringing it to produce attefled Copies of the Writ &c. 134 By Infant &c.may be bro't threeYears after the Imperfection removed. BothParties reviewing the fameCaufe,j •both Writs of Review {hall be com- S 21.6 milted to the fame Jury. Original Plaintiff not being an Inhabi- tant of thisProvince,Writ of Review 269 may be ferv'd on his Attorney &c. Page 47 31 31 31 31 31 31 47 31 32 182 48 48 147 53 51 $o X34 Page In real A&ions, the Defendant in a -- view not being an Inhabitant of this Province, Service may be on the Ter -tenant. Not to be granted on Information filed by Impoll Officers for Declaration of Forfeiture of Goods. Execution not to be flayed by Reafon of any Procefs of Review. To be flayed on Bond to Review at the next Superiour Court,and to pay double intereft & Coil if Judgment affirmed. • Not to be flayed unlefs Bond is given to pay the Debt or Damage re- covered, and , double Intereft if wholly affirmed, and Tingle Intereft • if partly affirmed. Rioters. Sec Juffice of the Peace. Road. See Ways. Robbery, Punifhment thereof; I0,167,195 Of Orchards &c. (See Trefpafs.) Rogues, "Vagabonds &c. See Houfe of Correction. Rozin, See Naval Stores. Rout in the Nighr. See Juftice of the Peace, Rung, Abufe in diftilling. (See Afray-mafters.,) 270 342 134 269 357 ABBATH. See Lord's Day. Sale, Of Lands &c. belonging to Perfons deceafed. (See Court of Judica- ture and Adiriiniftrators. ) To be Regiflred, (See Deeds:) Salt, - • Meafurer to be appointed annually,his Dury and Fee. Schools, To &e provided in every Town. Truflees• for them impowered to fue , and defend. School -Matters, For reading.and writing to beapprov- ed by the Sclr6t-Men. • For learning Latin &c. to be approved by the Tovvn Minifter, and the NeighbouringMinifters, any two. • o be fupported. r 394 9 17 52 171 137 17 No 0 �'�4Ld4.IxdI LLkbL a i4 L}LL ,Vuu L 1 � 8 The Page NoMiniflcr of a Town to be accepted as a School -matter of fuch'I'own. 137 See Towns. ,S'cire-Patios. See Writ. Scriptures. 'The%Nord of God as contained in the Old and New Teftament not to be S reproached. Scyths1 Not to be rode with naked. Seal. Of the King or Province counterfeit- ed. (See Treafon.) Sealer, Of Meafures and Weights,liis Choice Duty and Fee. (See Meafi►rers.) 23,315 Of Leather, hisChoice, Duty andFee. (See Leather.) 19,77 Seamen. See Mariners. 46,105 Searcher of Naval Stores, His Duty and Fee. (See Naval Stores.) Secretary, His Fees. SeiGn. Writ. (See Writ.) 124 Sel ea- Men. To be chofen annually. To call TownMeetings. (SeeTown- Meetings. ) Toregulate Meetings in theChoice of Reprefentatives, and make Return of the Precept. Penalty for Neglect. (Sce Reprefen- tatives: To do the Duty of Affeffors in Cafe. (See Affeffors.) To makeAfTfsment for theSupport of public WTorfhip in. Precincts, in Cafe. (Sce Precin5t.) To have the Care of the Poor when Overfeers are not chofen for that Purpofe. (See Poor.)_ , To oblige idle-Perloris toWork. (See ABLE. 159 28,186,197 19 19 31 47 257 198 Houle of Corre6tioh.)20,214 To have theCarc of Idiots & diflrai't- -ed Perfons, in Cafe. (See Idiots:) To renew the Bounds of Townfhips once -in Three Years; and Manner ' 1.8 of proceeding thereon: .G To fee the Town is provi.ded with School-M'afters.: :(See Schools.) Neglecting theirDuty reffitainglMini- fters. " (See Minifter;S,,) To make By -Laws, having fuck; In- ftructions from their Town. 20 They or any of tIIeti, may feize Bread in their ;Town I glade. for Sale not 212 according to Law, To appoint Diftricts for Surveyors of Highways. 226 :3mpowered to lay out, private Ways. ' (See Ways.) . 44, 17979 To fwear Town Officer' s, in Cafe. i i 8 io appointPcrfgns. to inform of Brea= cites of theActs'refpegaingVice &c. 171 5 17 34 To caufe reputed Drunkards to be potted up. To make Provifion in Cafe of infecti- ous Sicknefs. (See Sicknefs.) To provide the Town's Stock of Ammunition. (See "gowns.) To appoint fuitable Places for Pounds. (Sce Pounds.) To approbate Perfons .for Licences. ('See Licence,) To feize Calves, Sheep & Lambs car- ried toMarket,contrary to Law. To be notified of Strangers coming in- to theTown by fuch as receivethew, (See Towns.) To aflifl in laying out Streets in Bon. To aflift in alligning proper Places for SlaughterHoufes&c. (SeeNufances. ) Sermons, Or any Part of divine Worship not to be burlefqued. Servants, Not to be entertained in Licenced Houfes. Diforderly to be punithed. (See -Ioufe of Correa lion.) Leaving theirMafler's Service without Leave to be punithed. Entertained on board Veffels, Penalty on the lVlafters. Carried off in Veffels, Forfeiture on the Mailer or Commander. In Cafe of Sicknefs to be provided for by their Mailers. Servants for Life. (Sec Negroes Mo- iat?oes &c.) Sewers. Comrriifloners, their Appointment„ -Power &c. Sheep, Not to go without a Shepherd froth the to of ...May to the la ft ofOolober. 46 For whatCaufes they, maybe impound ed. (SeeCattle k brute Creatures,) Sheriff: . To giveBond for the faithfulDifcharge of his Trutt. His Oath. His Fees for Service, and travelling . Fees. 30,51,70 To have the Cufhody of the Goal and Aflor.vance. ' Page 56,1r -r 135 4E 79 179 15 282 2 15 172 99 57 57 202 0 142 79 102 26 ,To fettle Account of Fines and have a SZtlietl!s from the Juflices of Aflize and of the Sciiions; Having hisarrictus (hall be difcharged, unlefs called inQtleilioh within two ;8 Years after it is granted. May require Aid inatiyCriminal Mat- • ter, and Penalty -on fui`.h as refute 89 their Afiiflance. Penalty., on fuch as ' call themfelv;es Sh'er'iffs who are'not. To make out Precepts for the Choice of Reprefentatives within 7 Days after Receipt of his Majefty's Writ and Penalty for Ne ledt. IO2 37. i '11 .1111111111111111 '1,11111114 93 47 To The 7' A Page To difperfe the Treafurer's Warrants for Collection of public Taxes. 259 To levy the Lands &c. of defeat Callecctors or Conflab!es by War- ? 261 rant from Treafurer. To collectRates inTowns that neglect ) 31g, to chockConftables or (.olleetors; and Manner of proceeding thereon. 320 Not accounting with the Province Treafurer for Rates received ha- 261,285 He to be diflrained on. Not to detain Money in his Hands which he received by Execution, 284 Not ,to appear by Power of Attorney in Court for any .Perfon living in the 383 County where he's anOfficer except. . Of the Neighbouring Provinces allow- , ed to pats and re -pals in This in the Execution of their Office. ►Shingles. Taken from Wharves without Leave of the Owner. (See Trefpafs.) .239 The Aflize of them, &c. (See „Lumber.) Ships, 'Bringing Paffengers to be fuitably provided. 342 Penalty on the Matters if otherwife. (See Mailers.) Shoe -Makers. Not to be Tanners. 76 Not to work up infufficient Leather. Sce Leather. 76 Sicknefs. The fpreading of infectious Sicknefs, provided.againft. 135, 356 .Spreading in any Town where Courts are held, the Court may be removed. 265 Regulation of theHofpital onRab.'sford's- JJland for Reception of the Sick. 375,378 Regulation of Paffcngers in Veffels to prevent Sicknefs being brought. 342 Perfons infirm, Larne &c. (See Poor.) Silver. See' -Money. •Slaughter-Houfes. Set up in improper Places. (See Nufanccs.) { . Slitwork. See Lumber. Small -Pox. See .Sicknefs. Soldiers. ;.See;Mili�ia. Specialties. See Bonds. Spurious -1 The. .SecINcglroes&.Molattncs. r `-Standard of'VVcights & Meafttres, (Sce M.cafut Staves. Sce Lumbes.)er, Stealing. •iSce 'T'heft. stile. :'hhe.Statute regulating 1t. 35t StilJHoufes, In intpropet•P]accs.. See Nufances. S 29 343 toe is. To be provided. Strangers. Iml;oricd.into this Province to be duly ,-provided for on Board the Vefiel. 342 O4vvtiers or Occupiers of Houfes. that •t tke in Strangers to give Notice to 282. I .- the . !ca JLn• (See'Tow-ns.) • Towns not obliged to fup 'ort them inCale of Nccd.utllefs they become 289 Inhabitants. (See Towns.) In what Cafes to be relieved at the Charge of the Province. 290 Strays. l aken up to be cried and polled, and further proceeding thereon. 83,246 Owner if known to be notified. So To be entred with theTownClerk and tranfrnitted to the Regilter of Deeds. 246 Town Clerk's Fee. 83 Additional Fee, 246 Itegifler's fees. 46 Penalty for Neglecd of Duty and for taking greater hoes than are allowed. Not to be taken up between the iilllay of March and the firflDay of Decent - 'her, unlefs found in luclofures. (See Page 246.) Perfons taking up Strays between the firs of November & the eft of March to be aliow'd his reafonableCharges, :tho' he don't proceed to an Ap- praizcment. (See Pounds.) Streets, Incroached upon. (See Nufances.) By whom to be laid out &c. in Bean. on. See Bo/ion. Strip and Waite. Not ro be made onLand while Action of Ejectment is depending. (SeeA5tion.) 292 Not to be made while Suit for Divifion is depending, (See Lands, held in 246 Common.) Suggefjior of Walk. In, fuch Cafe the !Jody of an Executor orAdminiflrator May be taken. (See 146 Executors and Adminiftrators.) Suits. Depending and tither Party dead,may be purfucd by the Executor or Ad- 247 rniniftrator. Brought againftTowns See:SeeTow•ns. 52,235 ForRedemption of ),;dates pee.; SeeEquity. For Trau/ito y Matters, not to be bro't in a County where neither Party is an Inhabitant, in Cafe. Limitation of Law Suits and Manner of Pr ceding on AEI.ions. ( See Actio 's and Sureties.) Sulam s. Form of a Summons for Witnef3es. 132 By whom may be granted. 71,132,31z Froin Clerks of -(e Peace to run thro' the Province. (See Clerk.) 154 Ilow ferved when brought upon Writ of Dower. (See Aelions.) 122 Original Summons. (See Writs.) I27 Su pCriour Court. Sce Court. Sureties. Bail given to remain good. ,tho' either . Party die while the.Action- is, de- 24 pending. . rho -be good,'kill;,the 4.5tion be, deter.- mined eter-mined oh Appeals iu Pleas -of Bar or Abatement. Page 246 84, 241 338 396 For TheTAB � .E For profecutingAppeals how far liable. Liable inCafe of the Principal'sAvoi- dancc, unlefs. Upon Appeals to anfwer intervening Damages, in Cafe. To be ferved with a Writ of Scire Fa- scias within one Year: atter the Brit Trial. May be ferved with a Writ of Scire Facias within two Years after Trial 193 in Counties where Superiour Court is held but once in a Year. To be difcharged upon delivering up thePrincipal,and paying theCharge 15o of the Suit byScire Facias. ForPerfons charged withTheft to anf- wer treble Damages to the Party. 3 195 (See Theft.) of great Refort. For Liberty of the Prifon Yard liable Refufing to entertain Travellers, to for the Debt &c. in Cafe of Efcape. 274 forfeit their Licence. 170 (See Prifoners.) Not to entertain Town Dwellers un - May bring their Action againft the feafonably. 84,170 principal Debtor for the Datnages 37 Not to entertain Servants or fufferMu- fuflained. fick, Noife or Difcrder. 8¢5170 Surveyors of Highways. Not to entertain Pedlars. 233 To be annually chofen and fwdrn. 19,43 ( See Licence. ) 43 Tenants. Page 133 I Tar. See Naval Stores; Tavern. 37 120 37 Page Keeper to be approbated by the Se - le& -Men, and licenced by the Quarter-Sefiions. '1'o enter into Recognizance and the Form. To be fuitably provided for Enter- taiiunent of Travellers. 8.4,170 Their 1-loufes to be infpecled. 5 Licence forfeited, and Penalty on the Keeper, in Cafe. 12,56,233 Debts contracted by the Inhabitants of tliefarneTown forViEtuals orDrink 219 above ten Shillings forfeited. Not more to be licenced than needful. 86 To be upon publick Roads and Places 86 [2, I7V 84 Their Duty. Penalty for refuting to Terve or negleel of Duty. Their Divifions to be appointed by the Select -Men. Manner of notifying Perfons to work. (See Ways.) 227 Surveyors. Of Lumber. (See Lumber.) Of Turpentine, their Duty and Fees. (See Naval Sores.) 147,159 Swearing. Profanely, fee Offenders Criminal. Swine. To be yoked and ringed from the 1ft of April to the 15th of Oa/ober. For what Caufes they may be im- pounded. Not replieved in 48 Hours, may be appraized and fold. (See Cattle.) In Eftate where Execution is extended 44 on the Rent for Debt and Seifn gi- 204 ven, are to attorn and become Te - 226 ALES -MEN. See Jurors. Tallow -Chandlers, Work-Houfes fet up in improper Pla- ces. (See Nufances.) Tanners. Act to regulate them. (See Leather.) nants to the Creditor in Cafe. In ccnunan to make Partition when re- quired. Not to make Strip or Wafte with- outNotice, or while Suit for Par- 240,241 tition is depending. See Lands held in Common. Tenements. Levied by. Execution. (See Eflates Execution and Equity.) Theft„ 46 Goods taken at Fires and concealed twoDays afterProclamation is made 79 for that Purpofe.(SeeItnbezelinent.) Perfons convicted of Theft, to pay 145 threefold Damages, and furtherpu- nifhed by Fitie orWhipping. Unable to make Reflitution may be fold. Admitted to Bail, to Recognize to the King, and alfo to the Party injured. Committed, not to be kept in Prifon more than 30 Days, unlefs Charges are fecured. May be difpofed of to fatisfy Prifon Fees: (See Prifon.) 140 -Their Accomplices to be punifhed. 82,2n Convicted a fecond Time for theValue of forty Shillings to fet on theGallows and be whip'd, a thirdTime for the Value of three Pounds,to fuff'erDeath. May be purfued by Hue and Cry. it To be heard and determined by a 7 Juflice of the Peace provided the ( 9 Damage don't exceed forty Shillings. See juftice of the Peace. Timber. 95,96,98 } 9 I0 195 140 283 II 111111111. 1.1 ,111 i 1.11.161,.11A -iiiiiLajj:1;141411,44 I The B ., Page Tatnbe Not to be cut or taken off other's Land. (See Tref l)a is, ) Not to be fold without being Pira mea- 165 fured &c. (See Lumber.) Tithing -Men. To be chofen. Oath and Duty'. Penalty for not ferving. TFor grinding Meal. (See Millers.) `.j'otvn=Meetings. To he called by the Selo&ct• Men and 1 t, warned by theConftables, or other Perfnn as the Select- Men S . (hall appoint. To be called at the Requell of ten Free -holders. To be called by a Juflice of the Peace, in Cafe. , To be regulated by a Moderator cho- fen by a Majority of Votes. To be regulated by theSeledt-Mtr=n ih the Choice of Reprefentatives. See Select• Men andRepreffntatives. ) 3 t Nothing to be tranfaeled but Whit is jgo exprefled in the Warrant. None to fpeak ►,IehNlocle'ratorut Leave �io bril e- •� 189 tamed fromon Penalty have diforderly, In March anrtiverfary Meeting, the — Lord's Day Mt, &; the Acts refpec&- ing profanefs,l)ruttkennefs & other Immoralities to be 'read. In it/larclr &May anniverfary Meeting, 36 the Aea :May of Actions to be read. Towns.? Enabled to Tillie Monies. To be provided with Mit:iilers, anti 1 in Cafe ot Negle& to be inpplied b\ the Quarter Seflions. (See1'Iu�iit: r.) To be provided with Schools. Penalty for being unprovided with 137,19 Schools. See. Schools. To be provided with Pounds. p4ialty for being unprovided with Pounds. See Pounds. To he provided with a Beam `� ei�and? 22, 1 Scales, &. aNeft of 'no)/ r ts C for a Standard. J To be provided with aStandard for Meafures agreeable to the 22,266,2 ProvinceStand.ird. SeeSealer. To bt provided with5tocks, & Penalty 2 for being unprovided. To be provided withAmmunition,and Penalty for being unprovided, (Sec Select -Men.) Impower'd to make By -Laws and an- nex Penalties tor Breach of them. (See,nitice of the Peace.) 'To clinole Selc3-M,:kn, Town -Clerk, ' and other Town -Officers in Cie Month of Athr..h annually, 19 S5 86 9)22 22 te 9 8 0 6 • Page May choofe theni ;t any otherMeetii;b, in Cafe. Where no juflices dwell how (worn. Inba'bitantsQual;beat:on to vote in the Choice of Town Officers, and other Town Af`aus, except fur theChoice Of aRcprefentativ e.(Sce'hc nip.A‘&s ) Hav'i'ng 40 Freeholders and others qualified to vote, to fend a Reprc- icrtative. (See Reprefentative.) .cie. 1'oiQuaidicatiGit ot Voters in the Choice of R;prefentativcs : See the s- .>yal Cluster. Officers Chbfcn tc be Co nibble.• not:ficd by the 153 Ii8 tg 31 19 Negle&ing to choofe Feled- Men or Affeffurs, Penalty, 257 Anfwerable for deie9ive Collectors or Gt Cuiiflables. (See Coile�`tors.) To eftabl.ith private Ways laid out by the Select- Men. To pay the Charge of Fick Perfons be-'• T --they 163 lonRtn�to the fame i. uwn, tho' b refide in. other Towns,in Cafe. To ftipport fuch in Cafe of Need, as becomclnliabitants by refitting 125,196 12 Months and not warned. See Poor. - Perkins warned out may be carried by.. . the Conflable its Cafe. 22 To be indemuili&I from Charge by Mailers of Vefiels who im- 125,225 poi t tai engcrs. To be indemnified by filch asintrod uce Strangers without givinalloticc. 283, 290 ?'Iay ful' or def fid, how to be fum- moned and how to make anfwer. 52;53 Suits brotight againft them, the -'grit to be ferved 3cD.t\'sbefore theTrial. ACcfsntent for public Charges. (See Rates, Ati:.fautents 'c.) To.,\!..l Regulated. 7 To be perambulated &Bounds renew - 18,275 ed once in three Years. 9 Proprietors of new To'.vnfhips be- 7 ink; Delinquent,, their Rights to ( 286,287 be fold to pay Charges. f Secl.atids iii Common be Ncw Plantations. Tt'almfln S. See Militia. Travelling. On the Lord's Day. See Lord's Day. 'Urea fon High and Mifprifion of Treafon. Trials in fuch Cafes regulated. 67 irreafurer. Province to account vvith the General 63 09 Court. Their Warrants Tigan be obeyed b � 4t AtTeflors and Colte&ors. 5S,2 S9 Shall he difperfc:d , by the Sheriff of the 2i9 County. Clerk of t`'e 20 To fend 'Certificate to the �,0 Sefl ons when 'towns neLlect 10 i chonle Collc�_tors or Conilabies. ) t�rarrants against A f - ►g May awe clt�'t fi,;fs tlie5uui; order'd. 2;;3 forsrcfufing to a �,ay 242. 235 1Q 79 2 52 49 88 F nv The 2 .1' B L E. Page May iffue their Warrants againfl de- fe&ive Conitables, and againft de- 261 festive Sheriffs or Marfhals. Shall iffue an alias .Execution orWar- 286 rant, in Cafe. See Sheriff and Execution. Of the Comity, his Choice, Duty &Oath. 17 • To account with the General Seflions of the Peace. 18 To lay his Account before the Gene- ral Affembly. z65 - To inforce thePayment of County Taxes in the fame Manner and by thefame Rules astheProvince 1 Treafurer is enabled to gather the Province Tax. To recover the Penalty for marrying do Perfons contrary to Law. Of.a (Town, to be chofen annually and (worn. His Duty. To fue for Fines. To account annually. See Temporary Ads. Of a Propriety. See Lands held in common. TrefpafTes. Cutting or carrying off from anyP lace, Wood,Timber,, Poles,Grafs,Grain, Trees, &c. or robbing Gardens or Orchards. 81,231,238,250 To be tried before a*uftice of the Peace, if the Damage don't exceed 4o f. 250 Done byServants orChildren to be pu- nifhed unlefs paid bytheir Matters or 8 t Fathers. Convie-&ion of Trefpafs not to bar a Profecution forTheft. 239 In Adtions where the Defendant jufii- 81 lies on Plea of Title. (See Plea) In profecuting if it "appears there was 1 a Breach of the Peace, the Offender i 82 to be fined. Throwing open Bars, Gates, Fences, , carrying away Stones, Gravel,Clay, 231 Sand, &c. Damage or hurt done to Perfons or their Eflates by others difguifecl. Breaking the Windows of a Houfe or otherwife damnifying it or its Ap- purtenances. Carrying from any Wharff or other Place Lumber or other Things without Leave of the Owner. Damnifying Mills, Mill Dams, Houfes uninhabited &c. Manner of Conviction. Done by Cattle in common Fields for want of fufficient Fence. SeeLands held in common and Fence. Trcfpafs and Ejectment. See Eject- ment and Writ. Troopers. See Militia. rrrmas. In Land &c. Creation or Deck/aeration to be in Writing. See Frauds. Truflces of fTopkrr f on. See Hopkin/len, 5, 258 103 103 188 104 s Trials. In civil Caufes. Colts &c. Turpentine. See Naval Stores'. P age (See Actions, Pleas V VAGABONDS. Who are accounted fo. To be fet toWork. (SeeHoufe of Cor- rection.) Vefi"els. See Matters of Veffels. Villages. See Precinct. Voters. At Town Meeting. See Towns. Ufury. See 'mecca. TAR DEN S. 232 'I'o be chofen in every Town. (Sce 188 Lord's Day.) • \ 393 Warrant, For Aflefliinent. (See Affeffors.) 135 Of I)iltrefs&c. (SeeExecution. Juftice of the Peace &c.) 128,131 Wafle. 243 SeeSuggeflionof Wafte,Adminiftrators,i 231 Executors, and Strip and Waite. Watches Military. 80 Their Appointment and Regulation. 39,40,102,103 W OP 0 . 3:. 126 99 238 Watchmen in Towns. 24.2 Their Duty, Power &c. 102,175 Ways. High Ways to be laid out or altered by the Court of Seffions. 43 5 Laidout fo as to injure thole who border upon thein to be made 44,180,282 good' Sur- • •� . .-,.J19'i...uwu., lruud..uis. �nul ulnb:.i,imW.A,i,)IJ�iI'SIS..'' 1kffi114l AhGI ThcTAB L.. Page Surveyors to be annually chofen, their Power,Duty &c. (SeeSurveyors,) 4;,226 Caufeys,Bridges &c, not kept in fuffi- cient Repair,andDalnage occafion'd S '- thereby to be made good. Private TVays to be laid out by the Se- 179 e - M, r 7 9 Tol beelect-laidenout. by a Committee of the Court of Sefi'ions, in Cafe. 179,28a Notice of private Ways being laid out to be given at March Meeting, to be 242 approved by the Town. May be altered or difcontinued by the Town, faving Right of Appeal to the Party aggrieved. Roads, High 'Ways, Private Ways, Streets &c. encroached upon, to be removed at the Expence of the Of- S fender. (See Nufances.) Fences &c. erected upon High Ways and maintained for thirty Years, to be the Boundary, unlefs. Streets &c, laid out in the Town of Bo/lon. See Boj)ou. Nears, Obftru&ing thePaflage of Fifli. (See Fifh and Nufances.) Weights regulated. See Meafiires. Wharves. How a Meeting of Proprietors may be called. Widow. Not otherwife endowed before Marri- age, to have one Third of the Per- fonal Eftate forever, and one 'Third of the Real Eflate during Life, 0,i Where there are no Children or le a -I Reprcfentatives, theWidow to have one half the Perfonal,and oneThird of the Real Eftate. (See Divifion of Eftates. ) To have one Third of the Rents or Profits where the Eftate cannot be divided. Not to be prejudiced by Wills made before Marriage. To be allowed by the Judge of Pro- bate necefiary Utenfils, Bedding&c. if not provided for in that t{efpedt' by Will. Having fuch Utenfils affigned her the Executor or Adminillrator not to account for thein tho' the Hate be infalvent. To have her Dower afl'igned, tho' the ERate be Infolvent. To have her Dowcr rendered within one Month after Demand. Not to be debar'd of her Dower, tho' the Lands be fold, unlefs it be with her Confent. Thirds recovered by Writ of Dower, Proceedings thereon. To have Adtniniftratiotl committed her in Cafe. To maintain the Houfes &c. in good Repair during her Term. r 24.2 Page To (hare in thcERate of aCliild dying) I ntefiate and without Wife or lflue equally with the brothers& Sifters of fuch Intel -tate. \Vil.Dla, eviling Real Eftatcs to he inWriting and attefted in the Pretence of three ) 5 Witnetles. Asci of Parliament refpc&ing the Attefta- tion of Wills. 359 Within what "rime they fhall he pre- fented for Probate. (Sce Probate.) 4 Made beforellarriage. (SeeWidow.) , i Written not to' be Repealed but by Writing. 6 Not mentioning a Child born after the Deatli of its Father. (SeeEftates.) 113 273 Nuneupative, not good unlefs proved by three Witnefles, if the Sum de- 5 6 vifed be more than thirty Pounds. 273 Not to be received for Probate 'till 14 Days after the Deceafe of theI'efta- 6 tor. No 'I'eftiniony to be received to prove fuchvVill after tiXMonths,except. Of Soldiers and Mariners in Service. Wirnelks. Summon forWitnefPes: See Summons. 232 Their Allowance and Penalty for not appearing. r32,133 How to be fummoned before Arbitra- tors, Living thirty Miles diflant from the Place of 'Trial, or going Abroad, 64, 312 3 how to give Evidence. When fworn, the Adverfe Party to be notified. Refuting to giveEvidence, Penalty. Cereinony in Swearing. 3 Their Affidavits to be returned to Court Pealed up. Affidavit taken in perpetuam rei memo- riam 125 To Bo.nds and other Writings. Wolves. 113 Acts encourage their being de- {tro yed. 35,36,58,189,215 Writs. 163 To be in the Englifh Tongue. 132 To be in his ivlajelty's Name and figned by the Clerk of the Court 96,97 whence they iffue. X63 Shall run thro' the Province. Ii3uing out of Superiour Court to bear Tete the chief Juftice. 128 ( Out of Inferiour Court to bear Tefte the firft Juftice. To be endorfed by the Plaintiff or his Attorney. Where morePlaintiffs than one,theFn- dorfemcnt of one (hall be fufficient. 25r Shall not be abated for Circumtlantial Errors. 132 On mean Procefs.fhall be ferved T4 4 Days before the Co;irt where they are returliab:R. Againft 388 162. 279 6 6 312 64 312 133 64 64 64 96 123 73 I25 I28 I8r 96,98 • 0.1•Y ;k: 24 The E L E. Againfl the Sheriff or Mar(hal to be dire&ted to the Coroner and ferved by him. SlterifforMarfhal being Plaintiff, may he direete'l to the Curener, and ferved by him. Where the Sum fuel for is under ten Pounds, may be direEted to a Con - liable Brought again({ Towns and Proprie- tors how to be ferved. Brought againfi Towns & Proprietors to be fervecl 3o Days before the 235 Sitting bf the Court. VVrit for calling theGeneralAffemtuly, 78 Form of it. Writ of Attachment,Tiorm of it. 127 s-, Not to run againft the Body of Exe- cutor or Adminiftrator, unlefs. Brought in Eje&lment, only the De- fendant's own Bond to be required. 242 Original Sumnions, Form of it. 127 May be ferved by leaving an attefled 281,2 Copy. Summons where Goods are attached,127,128 Form of it. Writ of Execution, Form of it. 128 Writ of habcre facias poffenem, Form thereof. 129 Writ of Replevin, Form of it. 217 Writ of Scire Facias to iffue againfl'Pail on the Avoidance of Principal. Page 113 197 96 53 37 Shall be made out by Clerks of Supe- riour and Inferiour Courts on tor- 86,87 feited Recogniances. 'One Form, df Writ of Scire Facias. 729 'Manner of Service in fueh Writ.122 To iffue on Judgment for the Forfet- ture of a Penalty in order to award Execution 'for Damage arifing after fuch Judgment of Forfeiture. Writ of Ddwer, Form of it. 124 Manner of Service. 122 'OnJudgment for Dower, Foriia of the Writ of Seifin. 124 Writ of Partition may be brought by Coparceners, joint Tenants, orTe- 36 nants in Common. Writ of venire Facias to be iffued by the Clerk of the Inferiour Court. 96 By the Clerk of the Superiour Court. 277 98 Pala When they (hall be returnable in the fevcra) Inferiour Courts. 302 Writs of Review broughtby both Par- } 216 ties to be committed to the fame Jury. Writs may be iffued by Juflices in Matters triable before them �3oy1301 Forms of fuch Writs. 1 Such Writs (hall be ferved feveh Days before the Time of Trial. 3 --...w—r..• — r- - -"4 z 70 anscir N. B. The ooina `able extends to `Page 396 (incThdiug it) and no further.' .freg • `ACTS r., 1 r i.�u�i,.. u.���,x..e�...•,,;� d6r,.h�l �, r„m,,:,u..II NI,. 111 , 4111:14''Wa4 i IL A N D T A W 3, Of His Majefty's PR O V d N C OF THE ASSACHUSETTS°'BAY IN NE FYENL7L1Z1 VrL. Bosco V, in NEW—ENGLAND: Printed by S. KN E ELAND) by Order of , His Excellency the GOVERNOR, COUNCIL and Houle of REPRESENTATIVES, M,D,CC,LIX. ./ alP 44444.4444444.444±044444444.444144444.4 Printed, By Order �f His Excellency the Governor, Council and Ati'ernbly. Andrew Oliver, Secr. .B O S AT, Febr. 1759•• gta 1 =/rilaiteirei,!-1r= rte /` -.,r,!-/,!= 444444+ Y fivf_f_r--- r Bath 4nno Reg ni G U LI E L M I et M A R T .E, Regis et Regine,Qarto. 1692i. uttbing tottb ton.0 Orin • "MoilmirSira Ads and Laws, Pafred by the Great and General Court orAffembly oftheProvince of the Mafachu/etts-Bay in New -England : Begun and held at .Bo/ion the eighth of lune 1692. and continued by Adjournment unto the twelfth Day of October following: CH A 1 • it An A& for building with Stone or Erick in the Town of BoJlon, and preventing Fire. 11 ERE 4 S Great deflations and Rains have fundryTimes hap- Preamble. pened by Fire breaking out in the Town of Bolton, principally occa- fioned by Reafon of the Joining and nearnefs of the Buildings, being moflly of Timber, and covered with Shingle : For the better preventing of fuch Accidents for the future, and Damage and io. tilt. . cat Lofs thereby : 16 G.a.ca. 3. 113e it olbaineb anb matt bp the .15'obttnout, Council aItb 1Scprefctt 25 G. a.ca.z. tatibeo, contend) itt Celinal Court ol iCetttlilp, anb it i 3 enacteb lip tit -5ftcttf olftp of tlje fame, Shop,Ware-'That henceforth no Dv✓ening-Houfe,Buildings in Houle, Barn, Stable, Or any other Housitong of more than eight Feet in Length, Boson be of or Breadth, and (even Feet in Heighth, (hall be Bre ed and let up in Bofion, B i coveretd but of Stone or Brick, and covered with gate or Tile ; unlefs in particular with Slate. Cafes where Necefhity requires, being fo judged and fignified in Writing under the Hands of the Juftices and Selea-Men of the fakd Town, or major Part of o��ernour both ; the Governour with the Advice and•Confent of the Council, (hall fee GC nrnour to Caufe to grant Licence unto any Perfon to build with Timber, or cover with orant Luicenc. Shingle : And if any Perfon fhall prefume to Brut, or caufe to be ere&ted, any to build with Frame or Building contrary hereto , upon Conviction thereof, before twoJufli- Timber in ces of Peace (Q,icorumUnus) filch Building (hall be deemed a commonNufance, and the Owner of filch Frame or Building (hall enter into a Recognizance to demoli-fli the fame ; and in Default of entring into filch Recognizance, (hall be committed to Prifon, until he do caufe the fame w be demolifhed ; or elle fuch Building (hall be demolifhed by Order of the. Quarter Seffions of the Peace within the faid County, and the Charges thereof to be levied by Dithers, and Sale of fuch Offenders Goods,byWarrant from the Court of Quarter Sefiions. A a otnb Alb 1111[11101 IIVq,111,, Penalty for tranfgreii ng this Aa. • 1111 I i41.4 , kJ 1111 161 �,�d�d4111dL idl 11..S.,,, t :)92.. Ano1? en! G U L I E L M I el M A R I SE, Rust et Reo"ine, Qtango. - 2 ,In thB.a4ation of eltea e ellateb. Alt) is f5 furncar atbcrzb ata) enattcb, That in all void and unbuilt Places t..tt cis and which fhalI hereafter be improved f6 3uilding,or when at anyTirne any totalCon- :';eft' 'lento fumption oi• Defolation fhall happen in any Street orLane within the fridTown, outScrceis it fhall be it the Power of the Juilices of the Peace of find Town then in being, tocrcther with the Select• vien, or the major Part of both ; to (late and lay out Breit Streets, Ways and Paflages, as may be nwfl for the Conveniency and Accommodation of the Place ;' as alfo where any Defolation has happened, ro regulate and enlarge other narrow and crooked Lanes or Pafl'ages. A nd where l sty to of an )articular Perfons (hall have their Land taken awayor le(lcncd thereby, a the Y i Y ,:iuc ef any .Jury of twelve Men !hall be appointed by two Juflices of ncc Peacc,and fworn rrr:nis La:id ro Afcertain the Value thereof, ro be paid by the Perron, to whole Land the P" t" any tame (hall be added, or by the Neighbourhood, or Town, in Proportion ro the street.Benefit or Conveniency any /hall have thereby, And every Perfon building as aforefaid with Brick or Stone, {hall have Liberty to fet half his Partition Wall rnrty wall in his Neighbours Ground, ,fo that he leave toothing .in the Corners of filch to rhe Nciph Walls for his Neighbour to joinjunto, who when he fhall build,fuch Neighbour is t'�c ;�Icivh• � boursGround adjoining, Shall pay for one half of rhe faid Partition Wall, fo far as it (Ball be built againfl. And in Cafe of any Difference arifing,the Select -Men [hall have Power to ai�point meet Perfons to value the fame, or lay out the Line between filch Neighbours. .Andwhereas feveralHcgfes and other.Bui/dings have been ereSed andf �t up (ince the rear r 6 8 8, contrary to the Law ;nade'by the General Court of the Nla(Trchufats Colony ut io f;cr.eby ca baincb ani cnztteb fw tbeilutToitp afo,zfttfb, That every Owner of fuch IIoute and Buildings Co fet up, contrary to (aid Law, !Ball cattle the fame to be covered with Slate or Tile ; or otherwif.e fuch Houfes orBuild- Ings fhall be. deemed a common ? ufance, and the Owner thereof proceeded againft accordingly. tib Pc ft furtl;cc enarteb anb beciareb bp the Rtitijaritp afnrcfafb, That`.' Two or three when any Fire (hall happen to break out either in h'oflonr or any other Town ;/f the chief within this Province, and nce, two or three of the chief military or civil Officers of the Civil talars fame Town, [hall, or may, and hereby are impowercd to give Dircdions for to order the the pulling down,or blowing up any filch Houle or Houfes that [hall be by them uU nadown off l-ioufcs to adjudged meet to be pulled down or blown up, for the flopping and preventing or blowing up the further fpreading of the fame: And if it shall happen that the pulling down flop Fire. or blowing up any fuch IIoufe or Houfes by the Directions aforefaid, (hall be the Occa(ion of flopping the, faid Fire, or that _the Fire flop before it come to For which the owners receive reafonable SatisfaEtion, and be paid for the fame, by the reit of the In - the fame ; that then all and every Owner of fuch Houle or i7ou(es, Ihail thall be paid. habitants, whole Houfes (hall not be burnt ; who are hereby itnpowered to make fuch Rate or Rates for the railing and levying fuch Sum and Sums of Money as [hall be thought convenient by the Select -Men and Juflices of faid 'Town for that End. Provifo. Provided always, That if the Houle where, ,the Fire [Ball fira begin and break out, [hall be adjudged fit to be pulled down or blown up to binder the fur- ther fpreading and increafc of the fame ; that then the Owner of fuch Hou fie !hall receive no manner of SatisfaEtion for the fame: Any thing in thiseiCt contained notwithflanding. "CHAP. IL An Ad for the Settlement and Diflribution`of the Ea, es of JntefateS. Preamble, T IE RE .AS EJlatestheft' Plantations do con f fi chiefly of Lands which have been fubdued and brought to Improvement, by the Indufry and Labour of the Proprietors, with the A'rflance of their Children, the y:unger Children generally having been longe fl and 11170 f rviccable unto their Parents in that Behalf : who have not Pelona! . ate to give out unto them in Portions, or othcrwife to Rccompence their Labour : • Anna Reign' GULIELMI et MARI]E,Regis etRcgintc,C i rto. Zb atndftratton of 3jntcftate e(r tri �e it tljei,'efoze mat an cgba lteb Iry tljt d5obernouc, Council cmti at= prcfetttatitrco coilt)cncb in (!cues[ Conut oz attttiti►ly, anti it io cniaitteb liv the At,rljo5ito of the fame, That every Perfon lawfully fcized of any Lands, Tenements, or Hereditaments within this Province, in his own proper Right in Fee Simple, (hall have Power t0 give, difpufe, and devife, as well by his laft Will and Te(lament in Writing, as othcrwife by any ACt executed in his Life, all fuch Lands, Tenements and •Hereditaments to and among his Children or others, as he than think fit at his Pleafure : And if no fuch Difpofition, Gift or Devife be made by•the Owner of any filch Lands, Tenements and Heredita- ments ; the fame !hall be fubjedt to a Divifion, with his Perfonal Eftate, and be a like diflributed, according to the Rules herein ,after expreffed for inte(tatc Eftares. And when and fo often as k (hall happen, That any Perron dies In- teflate, Adminiftration of filch Inteftates Goods and E(lare {hall be granted unto the«Tidow or next of Kin to thelnteflate,or both,as theJudge forProbate of Wills, and -granting of Adminiflrations {hail think fit,who (hall thereupon cakeBond with Sui eties in manner as is dire&ed by the Statute of the twenty fccond and twenty third of Charles theSecond; and [hall and may proceed w call fuchAdrniniflrators to Account for, and touching the Goods of the Inreflar.e : And upon dueHearing and Confrderation thereof, (Debts, Funeral and jufl Expellees of all Colts being firft allowed) the faid Judge (hall and hereby is filly irnpowered to order and make a kill Diflribution of the Sur lufage, or remaining Goods and Eflatc, as meit3W J P � � of intct,a,e well Real as Perronal, in Manner following : That is to fiat, One third Part rtlaces. of the Perfonal Eftate to the Wife of the Intefrafe for ever,' bcfides her Dower or Thirds in the Houfes and Lands during Life, where fuch Wife (hall nor be othcrwife endowed before Marriage ; and all the Refidde of the Real and Per - fond Eflate by equalPortions to and among hisChildren, and fuch as [hall legally reprefcnt them ; (if any of them be dead) other than fuch Children, who !hall have anyEflate by Settlement of the Inteltate in his Life -rime equal to the othc, s Shares. Children advanced by Settlement, or Portions ndt equal to the others Shares, to have fo much of the Surplufage as {hall make the Eflate of all to he equal, except the eldefi Son then furviving, (where there is no Iflite of theFirfl- born or of any other elder Son) who [hall have rwo Shares, or a double Portion of the whole ; and*where there are no Sons, the Daughters (hall inherit as Co- perceners. - The Divifion of the Routes and Lands to be made by five firffici- cnt Freeholders upon Oath, or any three of thein. to be appointed and fworn by .he Judge for that End : Unlefs where all the Parties inrcrefted in any Eftate being legally capable to a&, [hall mutually agree of a Divifion among them- felves, and prefent the fame in Writing under their, Hands and Seals : in which Cafe, filch Agreement 'hall be accepted and allowed for a Settlement of filch Eflate, and be accounted valid in Law, being acknowlecl ,ed by the Parties fub- fcribing'before the judge, and put upon Record. Protided neverthelef3, That where. any Eflate in Houfes and Lands cannot Houfes and be divided among all the Children, without great Prejudice to, or fpoiling.of ther ands not ca - whole; being fo reprefented, and made to appear unto the faidJudge,ttiejudge pable of 01. may order the whole unto the cldefl Son, if he accept it, or to any other of the ' if un, co be ordered unto Sons firecef lively, upon his refufal : He paying unto the other Children of the the eldetl Son, Deceafed, their equal and proportionable Parts or Shares of the true Value of he paying ouc fuch Houfes and Lands ; upon a jufl Appraifement thereof, to be made by three f oporuona- firfficient Freeholders upon Oath, to be appointed pointed and fworn as aforefaid or iv- b.e l µ,tsto p 1 1 g the other�;hil- ing good Security to pay the fame in fome convenient Time, as the faid Judge dfe11, frail limit, making reafonable Allowance in the Interim, nor exceeding fix per Center Annum And if anyof the Children happen' l'pento die, before he or fhe � 1 6 Geo. ca. 3. come of Age, or be married; the Portion of fuchChild dcccafed,fhall be equally • divided among the Survivors. 1n Cafe ()ere And in Cafe there be no Children, nor any legal Reprefentatives of them, then benoChildren one Moiety of the Perfonal E(la'te, (hall be allotted to nceWife of the Inteflate nor le°al Rc- forever; and one Third of the Real Eftate for Term of Life. TheRcfrdue both prce,mc tiveof of the Real and Perronal Eflate, equally to every of the next of Kin of the In- irate tobe neaxI- tef}arc in equal Degree, and thole who legally reprefent them. No Reprefen- wif da 10 0 the t tativcs to be admitted among Collaterals after Brothers and Sifters Children. of kin.And 9 4- 3 j rub G. 23 G z.ca.6. Perfons feized of Lands :u Fee fimple may difpnfe of the fame byWill, &c. Adminifrati on to the Eil•ite oI In- tr.Itatc.; how w be granted. Ca. I0 > 2 ca :. Dov, er. 13 :r rr ca. 9. 9 J'.'nt' ca. 2. 6 Geo. ca. 3. 4 Geo. 2J,ea, 3. it} no. Regui GULIELMI ct Rhee, Regis et ReginfeQuarto. 4 r:' ..Ds' 1.1 r(0 ii0 'j arft And if there be no Wife, all Miall be diflributed among the Children, and if no era. z. Child, to the next Of Kin to the Inteflate in equal Degree, and their legal Repre- fentatives as aforeflid, and in no other Manner whatfocver. And every one to whom any Sat:'r c [hall be allotted, fhall give Bond with Sureties before the Paid Judge of Probate, if Debts afterwards be wade to appear, to refund and pay back to the Adrniniftrator, his or her rateable Part thereof, and of the Admini- flrators Charges. The Widows Thirds or Dower in the Real Eflate,at the Ex- piration of her Term; to be alike divided as aforesaid, Paving to any Perfon ag- grieved at any Order, Sentence orDecree made for theSettlernent and Diflribu- tion of anyInteflateElate, theirRight of Appeal unto theGovernour and Council, every Perfon fo appealing, giving Security to profecute the Appeal with EfT'ea 9Sc ft finlike mufti., bp tlje 2Iutj4frp afoefafl, That if any Executor or Executors of the Will of any Perfon deceafed, knowing of their being fo named and appointed, fhall not within the fpace of thirty Days next after the Deceafe of the Teflator, caufe fuck Will to be Proved and Recorded in theRe- gifler's Office of the fame County where the deceafedPerfon laft dwelt ; or pre-, lc' nt the laid Will, and declare his or their refufal_ of the Executorlhip : every Executor fo neglecting of his or her Trutt and Duty in that Behalf, (without juft Excuse made and accepted for fuch Delay) [hall forfeit the Sum of Five Pounds per Month, from and after the Expiration of the Paid thirty Days, until he or they !hall caufe Probate of filen Will to be made, or prefcnt the fame as aforcfiid ; Every fuch Forfeiture to be had and recovered by Ae ion or Infor- mation, in the Inferiour Court of Pleas, in the fame County ; and to be difpofed of, one Mociry thereof to the Ufe of the Poor of theTown,whcre the deceafed Perfon Tall dwelt ; and the other Moiety to him or them that shall inform and fire for the fame. And upon any filch refufal of theExecutor, orExccutors, the Judge fhall commit Adminiftration of the Efate of the Deceafed, Cum refla- mento annexo, unto the Widow or next of' Kin to the Deceafed, and upon their Refufal, to one or more of rhe principal Creditors, as he (hall think fir. And if any Perfon or Perfons (hall alienate or ernbezel any of the Goods or Chattels of any Perfon dcceafed, before he or they have taken out Letters of Adminiftration, and exhibited a true Inventory of all the known Eflate of the Party deceafed ; every Perfon or Perfons fo a5ing, than [land chargeable, and be liable to the Actions of the Creditors and other Perfons grievedras being Exe- cutors in their own wrong. And the judge !hall caufe a Citation to be made out unto the Widow, or next of Kin ; and upon their ncglea of Appearance or Re- fnfal, may commit Adminiftration of any fuch Eflate, to force one or more of the chief Creditors, if accepted by them, or others, as he [hall think fir, upon their Refufal. Right of Ap- peal Paved. See Explana- tory, Act 4 W. &M ca. 20. Executors to caufe Probate of will.: to be made in thirty Days next af- ter the'l'clla- tor's Death. Penalty for i\ eg11 e&. Upon refufal, Adminiftrati- rin tb he coni - in it cd Cant Tel/amento an- nexa. Executors by wrong. A& of narlia- ntenr, 29 Car. z. C 3. 4GI',&M.ca.6. 8 WC ca 3. 31 G. z. ca.6 Paro'e Leafes and tntcrefi of Freehold (hall have:heForce of Enures at Will only, Except Leafes not exceeding threeYears&c. r CHAP. III. An A& for Prevention of Frauds and Perjuries. OR Prevention of many fraudulent Pracffices which are common y endea- voured to be upheld by Perjury, and Subornation of Perjury ?15c it enattO nub o2 aii1Fb by the ( lrrn!itir, eaituci! anb !�t'Z3l'�fttita tibcs , tonbencb to (174ncr'at Cotwt, an 1}p tbe 1urMitp of tilc bar, That from and after the laft Day of December in this present Year one Thoufand fix Hundred ninety and two : All Leafes, Eflates, Interef.ls of Freehold, or Term of Years, or any uncertain Interest of, in, or out of any Mefhuages,Lands, Tenements,or Hereditaments, made or cleated by Livery and Seifin only,or by Parole, and not put in Writing and figned by the Parties, fo making or creating of the fame, or their Agents thereunto lawfully authorized by Writing, [hall have the Force and Effea of Leafes, of Etlates at Will only. and fhall not ei- ther in Law or Equity be deemed or taken to have any other or greater Force or EfleE ; any Consideration for making any fuch Parole Leafes or Eflates, or any former Law or Usage to the contrary notwitht1anding. Except nevertheless, All Leafes not exceeding the Term of threeYears from the making thereof, whereupon the Rent refill ved to the Landlord, during fuch Term, (hall amount unto two third Parts at the leaf[ of the full improvedValue of the Thing demikd. And 1 Ano Regttr rti U L I E L M I et M A I.I IE,Regis et Regihc, Quarto. t 692: fraub0 anb perjuries; 5 And moreover, That no Leafes, Eftates or Interefts, eiiher of Freehold, or No Leafes or Tenn of Years, or any uncertain Interest of, in, to or out of any Mefl'uages, E[tates .of L'an'ds, Tenements or Hereditaments, (hall at any tithe after the faid Iaft Day o g f Franted reehold or tv bfure- - December, be affigned, granted or furreiidred, wilds it be by Deed or Note in rendted by Writing, figned by the Party fo aligning, granting or furrendering the fame, or Word. their Agents' theteunro' lawfully authorized by Writing, or by Aft andOperation of Law. 20 be it furter enartcb hp tfje ZutTjolitg afolefnib, That from and after Promises and the faid tall Day of December, norAeion (hall be brought whereby to charge Ag'eement any Executor or Adminiflrater upon' any fpecial Promife to anfwer Damages out by Parole. of his ownEflate; (2) or whereby to charge the Defendant upon any fpecial Pro- mife to anfwer for the Debt, Default. or Miscarriages of another Perfon, (3) or to charge any Perfon upon any Agreement made upon Confederation of Marriage, (4) or upon any Contrast or Sale of Lands, Tenements or Hereditaments, or any Interest iii; or concerning them ; (S) or upon any Agreement that inot to be ;performed within theSpace of oneYear from the making thereof ; (6) unlefs the Agreement upo'n which fuch Aaion.thall be brought, or fomeMemorandum or Note thereof !Ball be in Writing, and figned 'by the Party to be charged therewith, or fome other Perfon thereunto by him lawfully authorized. glib he it furthher cnncteb' by cfjc'2tutljolitp aeagfnib, That from and after the faid raft Day of December, all Devifes and Bequefls of any Lands or Te- nements, [hall be in Writ'irig; and figned by the Party fo devising the fame, or by fome other Perf&ri in his Pretence, and by his express Direftion, and [hall be attefted and fubfcribed in the Prefence of the faid Devifor, by three or four cre- dible Witneffes, o"r` elfe thall be utterly void' and of none EfI'eft. And moreover, No Devife in Writing of Lands Tenements orHereditaments, or any Claufe thereof, (hall at any title after the faid laft Day of December, be re., vocable, otherwife than by force other Will or Codicil inWriting,,or otherWriting. declaring the faine;or by burning,cancellingetearing,or obliterating the fame by the Teflator himself, or in his Prefence,and by hisDiteflion and,Confent; (2) But How the fame all Devifes and Revell& of Lands and Tenements (hall remain and continue in mail be ave. full Force, until the fame be burnt, cancelled; torn or obliterated by the Tel: cable' tator, or his Dire'&ion in manner a forefaid,or-un'lefs the fame be altered by force other Will or Codicil in Writing, ,or other Writing of the Devifor, figned in the Prefence of three or four Witnefi'es, declaring the fame : Any former Law or Wage to the contrary notwithftanding,• Lints be it furtfjer mob bp tije Autf agtp afolefaib, That from and after All Declara- the faid [aft Day of December, all Declarations or Creations of Trufls,or Confit tions or Crea- dences of any Lands, Tenements or Hereditaments, shall be manifefted. and tions of Trutt proved by forte Writing. figned by the Party who is by Law enabled todeclare to zein Wri- fuch Trutt, or by his laft Will in Writing, or elle they shall be utterly void ting. and of none Effe&. Provided always That where anyConveyancefhall be Made of any Lands uilhed byor Implication or Conftruftion of Law, or be transferred or exting Tenements, by Which a Truf[ *ot Confidence !hall or May arife or refult by the Trunsts arishfinedg, an Act erredui-. extitransgfor ,or Operation of Law,wthen, and iii every fuch Cafe, fuch Trutt or Confidence by implication shall be of the like Force and EffeE as the fame would have been if this Aft of Law ex - had not been made : Any thing herein before contained to the contrary notwith- cepted. Handing. Znb be it further tnatteb, That all Grants and Af'rgnments of anyTruft or Confidence, ('hall likewife be in Writing, figned by the Party,granting or affign- Aslignments ing the fame by fuch [aft Will or Devife, or elle !hall be utterly void and of of Trull (hall none Efleft. - bein.Writing. 2nb be it further inn eb bp tilt autfjofitp aialefaib, That .from and after the faid Taft Day of December, NoContrael for the Sale of anyGoods,Wares and Contract for Merchandizes, for the Price of T'n Pounds, or upwards, !hall be allowed to be sale of Goods good, except the Buyer [hall accept Part of the Goods fo fold, and affinity re- for tertPounds ceive the Paine, or give fomething in Earneft to bind the Bargain, or in Part of or more. Payment, or that force Note or. Memorandum in Writing of the faid Bargain, be made Devifes of Lands to be in Writing & attefed by three or four Witneffes. ':q', mil 11 ill 1. :Y 0 IIr ,.)LIi q!II IIIUritllu41)0440i • 169x; Anzio Reg11i Q.0 L, I E L .M f et M A 1R.11E,,R,,fgis et RegizrcfQuarto. ¶ugnteut win f'treC .ttOf ' made and Ggncd by the Parties to be charged by filch Contra&, or their Agents thereunto lawfully autlloPiicd, • end for Prevention of fraudulent Pradices in felting up nuncupativeTPills; 6 which ha� ' ` the e Occafron of much Perjury` :' 131r .it flt;aat'b,tip t.ijc Pittgola�ttgi afolef a b, That from an after the aforefaid lift Day of.`7�ec'ennbereno nulicnpatiiic Will Allan be good, where. the Elate u -e 'i'en t 1c -� 4 • d f 1 Tuned drive tliereb bequeathed, fhall exceed the Value of • Thirty Pounds, thatis not Willnntrobe y q good for a-. proved.hy_.the Oaths of three V/itneffes, (at the leaft) ,that were •prefent at the h l ' 1 f unlefs it be proved that the'1eflator -at the time , of, pro- ar Witnefs • not proved by that fuck was his Will, or. to..that Eflec. , .not the Oaths of were ma le,m the time of the., WI, Sicktiefs of the Deceafed, and in the, Houle. three ' Wit- f 'his or their Habitation or Dwelling; or where he or the. hath:been Refident, neffes. 1V p 1 Bove the va- tIla �.tiln,t lereo ,nor lue of thirty . " �ame did bid the Perfons piefent, or forne of them be Paunds,that'is notinCtng.Cl c , '' ct nos' iinlefs (itch mulcupative Will o. for the Space often ,Days or ,mot`e, next befoft the i»aldn,g of 1,:uchWill,except tivhdi e filch Perfon was furprired or, taken lick being from his .own -Home, and - died before he, returned, to the Place of his or her Dwelling, . No Teflimo- be it further cnacteb► That after' fix Months paffed.,after, the fpeakin; ny to be re- of the pretended teffainentary Words, np,Teftimony than be, recei.ved.to prove ceived to any Will. nutlet] pad ve, except, the fa,idTeftimoily,or .the Subflance thereof were prove fuck nn,111ttt�d, to Writing within fix Days after, the making of the faid Will. 11.11 affi t r x rnt.. A�lohth5,;eX- cine tie it fttrtfier mad), 'That no Letters Teftamentary,or Probate of any sept, &c. ,. nu,ncupa-tive.,Will, fhall 'pats the Seal of any Court, ;till fourteen 'Days at the ,-leaf' after, the, heetfe of the- 'I,'efiator.b,e,full,y expired, nor ,than;any nuncu-'- Prcbate of unlefs Procefs'hawe firf}.iffued. Nencupative.:pati ,o Will, be, as( any time received -to be proved, , Wins.. ' to call in the Wow, -or, next -of ,Kindred to .the Deceafed, to the End they may: conteft.xhe fame, if they pleafe,. ,-'. lib Ste It:furter eltacttb, T,hat no Will An Writing, -.concerning .any Goods Elate Shall,be. re pealed-; nor,fhall�:any Claufe(Device ' of ,Chattels .nr :Per{ot�al. E No written ,w � � Will to be re- or DecjuefE therein, be, altered or, changed ,by any" ..Words,, or., Will ,by, Word. o pealed but bY,Mouth only, .except the fame be :in the Life.4:t'a'e✓ ,Tettat,or; 'committed, to` Writing,: ex- ��rrititig, and: read .to the, Teftator and allowed by. httl�; .and: Droved to be: fo.; sept &c• t , r , ; ---done by three Witnefl'es at the kaft, Soldiers and ,- Provided always, That'iaotwithflanding:-his 4.0,,any Soldier being in-a&uali Mariners Miljtar Service; or any M"a�;iner or.Seailzei�.;being at ,Sea, may di�f�pofe •f h.before y Moveables, Wages;, and Perfonal Efl:,ate, ,as he'or ,they inighthave, won the making of this Att. Preamble. 1 - CITA!pi. I Ad, for.. affirming of former judgnientsand'pt0v10g - .far Eebutions: . HEREASmu onTriatf had in the late Courts, of judicature within the . %V feveral ,Colonies, now, by stheir Maiefllies,;R'oyal,Ch� .ticr un d hnd Is- cororated into one.Province, by, theNaine of the„Pro vince f , rMatlzins to be corp orated feweral 7udginents •were obtained, of which ,�.vecution, done orae and others are depending by 4ppeal,; accordizzg,to 11.7e, Courfe and . 4 Pratlice of the Courts then in being : • .. , To the End that there be no Failure of Ju(tice, for want of a due Courfe of Law, for the, profectiting, obtaining ancelevying of the fame ;:'.e it;ferit', to' ft cnal$eii anb olbaiitcb fir' the eobertioir,' Commit e1 die r a prtitp e tide ttiito, tOt113elleb tll: �CriCLo1 Court se Cilfendependin ,p aviu not been heard; f imlc, That where anyAppcal as aforefaid is p g g evcry fuck,Appellant than Have a• Summons from theClerk len Da Ts inSuperi ur' Court, unto the 'adverfe Party, to be ferved upon him Caen firfI Superiour Court, fore 'the Court's Sitting, requiring him to appear at to anfwer the laid Appeal ; where the fame shall be heard and le 'according IQ former Dragetipon‘the firft Evidence and no other : AndtheJudgment tbe 4,;i,o Regni G U L I E L M I et M A R I IE,Regis etiReginte,Qua rto. 1697_. Criminal efe er'. 7 be affirme 1 or reverted as the Cafe fhall there be judged upon Trial. And if the Appellant neglect to appear, or profecute his A ppeal, the former Judg. ment fliall be affirmed, and iJxecution awarded according' y. - 21tb it itf-urt'ijct ettateb by tbeauttjOtftp afo<rfath, 7 hat wherejudgment has palled in any County Court, or Court of Commiflioilers, a •dExecution has not been taken out a nd levied -for fhtisfying of the fame ; the Parry for whom any Judgment was fo given, his Executors or Adminiftrators fhai! have a Writ -of ,Scire Facias from the Clerk of the Inferiour.._ourt of Pleas within the fame County in which fuch Judgment was obtained, unto the adverfe Party to appear. .before the faidCourt, to Phew Caufe (if any there be) why Execution fhould, not Me forth. And in Cafe of Non-appearance, or that fufhicient Caufe be not fhewn to the Court, the former judgment Tfhall be affirmed, and Execution .granted accordingly ; the Colt of this Trial to be added unto the fame ; Pro- vided, that the laid Writ of Scire Facias 'hc fcrved (even Days inclufive be- 'forc the Court's Sitting. ,2nd tic it limber en acicb hip djc Sdtttijnif tp afoletaib; That after one. Year expired next after giving judgi'hent in any Court,of Record within this Pro-, vince, no Execution for fuch Judgment Shall be Hilted out, until a Writ of Scire Facias hath been granted out of the fame Court, and ferved upon the adverfe Party, as is before directed, or left by the Sheriff, his Under -Sheriff orJudas- Deputy, at his Dwelling, or Place of ufual and 'aft Abode, requiring him to appear and flew Caufe (if any he have , why Execution ought not to be done. And upon his Non-appearance, or not Chewing of fufficient Caufe as aforefaid; the Court Shall thereupon award Execution; No Execution after one rear expired, to be granted with- out a Scire CHAP. V. An Ael for Regulating the Adze of Calk, and preventing Deceit, in packing of With, Beef, and Pork for Sale. e it olbalncb anti enatteb bp the dBobcrnaur, Coutltf1 anti 1%tprcfett= too, to 43fttetbt Court nfelitltieti, anti bp rlje?itttljo ttp of the faute. That from and after the firff Day of December next, all Sorts and Kinds.of tight Cafk ufed for any Liquor, Fifh, Beef, Pork, or any other Com - modifies, within this their Majefties Province, !hall be of London Mize. That i tofay,Butts to contain oneHundred and twenty fixGallons ; Puncheons, eighty fourGallons; Hogfheads, fixty three Gallons; Tearfes, forty two Gallons ; Bar- rcls,thirty oneGallons and an half: And made of found well feafoned Timber,and free of Sap. And that fitPerfons be appointed from time to time,in aliPlaces need- ful,to view and gage all fuchCafk; and fuch as (hall be found of dueAfiizefhall be marked with the CagersMark ; who thrill have for hisPains, four hence per Ton : And everyCooper fhall fet his diftinFtBrandMark on his ownCaflc ; onPenalty of forty Shillings. And whofoever Shall put to Sale any new Calk, being de- fcttive either in Workmanfhip, Timber, or Aflize, as aforefaid ; upon Proof thereof made before one Juflice of the Peace, be fhall forfeit filch Calk, and be fined the Sum of ten Shillings. S.ttb be it further eltmteb ftp tljc autbogtp afatcfaib,. That theJuflices of the Peace,attheirfirftGeneralQyarterSe(1'ions,to be holden in each refpe&tive County within this Province, fhall yearly, in every Town needful thereof, choofe and appoint a fit Perfon or Perfons, to be Gagers and Packers,and them to fwear to the due Execution of their Office : which if anyPerfon fo appointed,fhall refufe, he fhall pay the Sum of forty Shillings ; and another fhall be chofen and ap- pointed in his Stead. And every Gager and Packer fhall take Care that all Calk in which he packs Beef, Pork, Mackarel, Fifh, or other Goods committed to his Care, be of true and full Aflize, and that he pack the fame in no other Calk whatfoever ; on Penalty of ten Shillings for every Cafk by him packed, Ten Shillings that is or Shall be defe&ive in thatRefpe&. »t nd if anyof the before mentioned Penalty for Provifions {hall be packed into half Barrels, or Firkins, the fame (hall be made packing in d- in Proportion to the Affize aforefaid ; and be marked by the Packer. nyerACaf3'ilk zeun- d. B And Affize ofCafk, Gagers to be appointed. Lafk to be mark'd by the Gager ; His Fee. Every Cooper to have a dif- tin& brand Mark. Defeftive Cafk to be forfeited. Quarter Sal- ons to appoint Gagers and Packers, and fwear them. Penalty of Refufal. r., 1692. .ffuuo Regni G ti 8 eiw { ELMI et M A a LIE, et Regi,le, Quarto. fl CO" Ctr ai., &c. ttt V ..And for the preventing of ' Fraud and '.Deceit in the packing of pickledFfh, _Beef and Pork to bc' put to Sale : The whole Ii3e it ftw hcc matte) ilv tije tttiior(ty afaltftitb, That in everyTown, where ha!fandquar- filch Goods are pack'd up for Sale, they Gager or Packer of fuch Town or of ter of Nicac the Town wherein they are put to Sale, or fhippcd,fhall fee that it be well and and a cuthe ' orderly performed : T fiat is t; fay, Beef and Pork the whole Half and Qaar- be!t iefc out. ter, and to proportionably, that the beft be not left out ; and fo Fifh andMacka- Fifh to be all rel, that they be packed all of one Kind ; and that all Calks fo packed be full, of one Kind. and the Fifh found and well feafoned, fetting his Seal on all Calks fo packed, Four Shi/Ihgs and he (hall receive of the Owners for lb packing, and fealing, four Shillings . packingper and per 'Ton. And if any filch Provifions be put to Sale, or fhipped off without aling. the Packer's Mark, they (hall be forfeited. grip it ics ftirtljer en acteb, That all Sorts of green or pickled Filli,Sturgeon, Fill and Flefh o'r Flefh that Shall be put up for 'I'ranfportation to a foreign Market, shall be • for7•rarrrpor_ fearched, Purveyed and approved by a fworn Packer, who !Hall take ftriel Care cacioa to b that the fame be put upin tight Calk of full Gage,fatted with fuitable Salr, fearched and repacked by And filch as 'hall bele Paved, and for itsCondition found merchantable,and full, the Packer. the Packer (hall feaI with fuch Brand Mark, as !hall be afligned to the Town, and tach other Cut -mark added, as may denote the fort of Provifion, and rime when packed. And all filch other f- rovifion as the Packer !Mall find wholfome and uleft) l, though for itsQuality it be not merchantable; he (hall caufe to be well packed, fatted, filled,, and foaled with the Letter R. and fiich other Letters as Penalty on may fignify the'I'own, Specie, and time of packing. And if any Mailer of a Mailers and Ship, or other Veal, or any Officers, or Mariners belonging thereto, {hall re - Mariners ra- eive Bich Provifions not marked and foaled as aforefaid, aboard any of their king any Pro- 'hall forfeit vi ions aboard Ships or Veil -els, he or they who hall offend therein, double the unfeal:d. Value of all filch Provi(ions ; and he that owns the Provifions !hall forfeit the facie. And if any Cooper, or other Perfon (hall Shift any. Fifh or Flefh, either Penalty for on Board, or son Shore, after the fame hath been fo fealed and marked by the Provfhiftiinfigons ofaf- ' Packer and fhip and export the fame, the Packer having not allowed -thereof, ter fealed. and a new fealed and marked the Calk whereinto fuch Provifions are Shifted : All Perfons aFting, ordering or aflifting therein, (hall be let in the Pillory, not exceeding one Hdur, and Shall likcwife pay double Damages to Perfons wrong- cd thereby. Provifions l that have 2116 ie i furl cc endttcb 11p aft. .Qiuirorttp itfl�cfafb, That where any fuch aid Provifions have. lain above three Months under the Packer's Mark, betwixt the three Months Provifions of May and Ocloher, they (hall again, upon Exportation or Sale, be Summepack'd in,the to viewed or fearched by the Packer, flat r., to fay, fo many of them as may be reviewed. probably difcover the Condition of the whole ; and if any be decayed or deceit- fully dealt with, the Packer Shall cull and repack the fame, fo as to diftinguifh and mark them for Merchantable, or.Refufe, according to their Condition. And if thole who fhip or export any fuch Provi(ion, !hall neglect of refute fuck fe- cond Search or Survey, the Packer is hereby ordered and iinpowered to deface his former Mark, and for fo doing, flap be paid as if he had i epack'd the fame. And if the Owner refute to fatisfy the Packer, fuch Packer ft''all 'have Redrefs on Complaint to any Juflice of the Peace ; who is hei eby unpowered to compel the Payment- thereof by Diftrefs, Affiizeof Calk 2nb tt is further two by the ` utB)31irli ciFJ:tf a b, That all Tarr that for Tarr. thall be expofed to Sale within this Province, Miall be in Barrels, half Barrels, and thirds of a Barrel, of the IVleafui c and Aff,ze following not is' to fay, The Barrel to contain thirty Gallons, the half Barrel and third of a Barrel, of • the fame Gage proportionably, and in no other Calk •whatfoever. •And all Cafk to be made of the fame Afrize, and brhnded by the Cooper as aforefaid ; on pain 3' of Forfeiture of all fuch Calk as are not of due Mize, And if anyTarr 'hall One Half the be expofed to Sale in any Calk not 'branded as aforefaid, the fame (hall be like - Pines andI'or- wife forfeited. feitures to be ,4lnb twat'' it fry, ell1ftej sill the gut'rtiou afozcfslib, That all Fines, Po- co their iY1a- nalties and Forfeitures arifng by Force and Virtue of this Alt, (hall be the u,le ocher oher, and the • 11 half to half to their Aila efties, towards the Support of thtGovernment of this Province, the Informer r anis 1c ; 4. ca. Aoiio Regui GULIELMI et 11IARUE,Regis et Criminal Offenberm and the other half to hint or them that (hall inform and fue for the lame of their Majefties Courts of Record within this Province. Lir it fiirtijer ettarteb bp the £1zrtijo jry tirocfdib, That there be a Mea- filrer of Salt and Culler of Fish in every Sea -Port Town within this Province to be appointed as ;tforcfaid,who being likcwifc Sworn for the faithful Difchar . e of that Office, '}•all cull all merchantable Fla), and ineafure all Salt that (ball be imported and fold out of any Ship or other Vef el, and fhall have three half Pence for every Hogfhead of Silt by him fo mcafured, to be paid, rhe one half by the Buyer, the other half by rh'e Seller. And one Penny nor Qjiintal for every Quintal of merchantable Fi h by him cupid, to be paid, one half by the Buyer, the other half by the Seller, CHAP. VI. An Ad "for the punifliing of Criminal Offenders, (? it cnacrcb aItb o!bainet by tete d5obct-uatir, Council tmb lRrprc. fentatibc0 in ertcrral court riffentltirb, an . by tije 2110j3 rp of the sante, That if any Perfon or Perfons Miall prophancly Sear or Curie in the hearing of any. jut{ice of the Peace, or fhall be thereof convialed by the Oaths of two Witnetles, or Confeflion' of the Party, before any Juflice or J(lflices of the Peace : Every filch Offender {hall. forfeit and hay unto the Ufe of the Poor of the Town, where the Offence shall be committed, the Sum of five Shillings. And if the Offender be not able to flay the Paid Surri, then to be fet in the Stacks, not exceeding two Hours, And if any Perfon [hall otter more profane Oaths or Curies at the fame time, ,and in hearing of tiro fimePer=. fon or Perfons, he {hall forfeit and pay to the Ufe aforefaid, the Suri of twelve Pence for every Oath or Curie after the firil; or" be fet in the Stocks three Hours, Provided,. That every Offence againft this Law (hall be eoiiiplained of and proved as aforefaicl, within' thirty Days next after the Offence committed. . fowler ler it i0 t ctctrll, bP tij'e atttborttp <+1fozgftlftt, That 'Vieled of brunkennefs by view of anyJiiftice Of 'Peace Confetriot)o orlon con- or Oaths of twoWitnefres; lurch Perfon fo convicted, Shall forfeit andtla Puny'to ' Drunkcennefs; fthe Ufe of the Poor of the Town where fuch Offence is coulmiuted,the Sum of a d,f to; c z, ive Shillings for every filch Offence ; And if the Offender be unable to pay t r Lama ca, a, the Paid Sum, to be fet h the Stocks, nor exceeding three 1 -fours ; at' the Dif- cretion of the Juflice or Justices, before whom the Conviction [hall be. And upon a fecond Convi&ion of Drtlnkerinefs, every fuch Offender, over and above thePenalty aforefaid,{hall be boundwith two Sureties. in rheSum oftenPounds with Condition for the good .Behaviour : And for want' of filch Suietiks, Mall be fent to the common Goal, until he find the fin:. Provided, That no Perfon !hall be impeached or malefied' for any, Offence aaainft this Act, tinlefs he (hall be thereof prefented; indi6ted or convieleel• with:- Prov,�o: in fix Months after the Offence committed, And- the juftice or Juflices before whom Convi&ion'of any of the aforef,aid Offences (hall be, are herebyhis pow ed and authorized to refirain or commit the Offender, u -ail the Fine i i ke • et for filch Offence, be fatisfied; oro caufe the fame to be levied b Diflrersl andSale of the Offenders Goods, by Warrant dirc&ed to the Conaable ;, . returning the Overplus (if any be•) A11 fuch Fines to be levied within one Week next after i filch Conviction, 'and delivered to the Sele&4Men, or Overfeers of the Poor, the Ufe of the Poor as aforefaid. ,for' t f fttrtbet crtrte� anb ©�b r ►Minch by the • Otitl�crt nforefajb, foever (hall Steal or Pur;oin any 11'Toney,Goocls of Chattels, being there, who- 3e Theft vieled, by Confeffion, or fufhcient Witnefs upon Oath : Everyfu h Oaf con Geo. ca, ;. {hall forfeit treble the Value of the Money, Goods or Chattels der; Joined, unto the Owner or Owners thereof • and be further nu>imeo en b'y Ftn- or Whipping; at rhe Difcretion of the Court or Juftices• that have Cognizance B2 of o. I�92` �.e 9 R?eafurer of Salt, & (:ulier of Fifh. 4 G. ca, 5. CurfinC; and 'awearing, ..�S Prefumption, 1 I. Ln.4i ii�i41 Wi�0l.IJy�pj�l IIani',�..,0„1„ 1 i4 J;R111,y1g, Indttt f 'll sat 16p . 'fluuo l egni G8 1 A I L M I et M A R I IEis et Regh;1 , Quarto. 2i ffi e er € Et, 8cc. .And for the preventing of Fraud and 'Deceit in the packing of pickledFifh, Beef and ./orb to bc' put to Sale e f d 'Jr- viho!e li C it ftll;iljt'r El -!tit by tijc T1.titor(tg afbzrfaih, That in everyTown, wher haifandquar- fuch Goods are pacic'd up for Sale, the Gager or Packer of- fuch Town or o ter of Meat the Town wherein they are put to Sale, or fliipped,fhall fee that it be well an andto ben put theuporder[ �erformcd : TL'at is to Thy, Beef and Fork the whole Half and oar not y F y Q,,, belt left out. ter, and fo prdportionably, that the beff be not left out ; and fo Fifh andMacka Fifh to be all rel, that they be packed all of one Kind ; and that all Calks fo packed be full of one Kind, and the Fifh found and well feafonecl, fetting his Seal on all Calks fo packed Filer Skillings and he [hall receive of the Owners for fo- packing, and fealing, four Shillin�s per Ton forpaper Ton; And if any fuch Provifions be put to Sale, or fhipped off wlrhou feafinand g. the Packer's Mark, they ball be forfeited. ,cinb it f; ftirtljer tnacteb, That all Sorts of green or pickled Fifh,Sturgeon, Filh and Meth dr Flefh that Miall be put up for Tranfportation to a foreign 1VIarker, (hall bre for i'ranfpor- fearched, furveyed and approved by a fworn Packer, who !hall take !tri& Care tfears rob that the fame he put upin tight Calk of full Gage, falted with fuitable Salt. Searched and rel,ackcd by And fuch as (hall be fo Paved, and for irsCondition found merchantable,and full, the Packet. the Packer (hall feal with fuch Brand Mark, as [hall be aflined to the Town, and filch other Cut -mat k added, as may denote the fort of Provilion, and time when packed. And all filch other F rovi(ion as the Packer (hall find wholforne and ufcful,though for itsQuality it be not merchantable ; he 'hall caufe to be well packed. fatted, filled, and foaled with the Letter R. and fuch other Letters as Penalty on may Signify theTown, Specie, and time of packing. And if any Mailer of a !Mailers and Ship, or other Veal, or any Officers, or Mariners belonging thereto, (hall re - mariners ra k:u Ccive filch Provifions not marked and Pealed as aforefaid, aboard any of their vi Ioany Pro - ns aboard Ships or Verlag; he or they who !hall offend therein, !hall forfeit double the unlealLd. Value of all filch Provifions ; and he that owns the Provifions !hall forfeit the fame. And if any Cooper, or other Pet fon !hall fhift any. nth or Flefh, either Penalty for on Board, or 'on Shore, after the fame hath been fo fealed aixd marked by the fhifring of Packer, and !hip and export the fame, the Packer having not allowed thereof, ter fealed. tiro aaf- and a new fealed and marked the Call. whereinto fuch Provifions are Ihifted : led All Perfons aging, ordering or affifting therein, (hall be let in the Pillory, not exceeding; one Hour, and !hall likewi(e pay double Damages to Perfons wrong., ed thereby, 210 is i(4 Ivaa)jec enauteb bp it; 3ttiljofitp nf4efafb, That where any fuel Provifions have. lain above three !Months under the Packer's Mark, betwixt th Months of May and October, they (hall again, upon Exportation or Sale, b viewed or fearclied by the Packer, flat is to fay, fo many of them as ma probably difcover the Condition of the whole ; and if any be decayed or deceit fully dealt with, the Packer ball cull and repack the fame, fo as to diflinguifh and mark them for Merchantable, or Refute, according to their Condition. And if thole who fhip or export any filch Provifion, !hall negle& or refufe fuch fe- cund Search or Survey, the Packer is hereby ordered and in-Toweredto deface his former Mark, and for fo doing, 114be paid as if he had repack'd the fame. And if' the Owner refute to fatisfy the Packer, filch Packer fhal I 'have Redrefs on Complaint to any Juflicc of the Peace ; who is het eby iinpowered to compel the Payment- thereof by Dithers.2nb it to nattier meta by tlje 21i1t!r)alirl► a�'.37.zfaib, That all Tarr that !hall be expofed to Sale within this Province, 11hail be in Barrels, half Barrels, and thirds of a Barrel, of' the Meaf re and Aflize following : That is' to fay, The Barrel to contain thirty Gallons, the half Barrel and third of a Barrel, of he fame Gage proportionably, and in no other Calk 'whatfoever. -And all Calk o be made of the fame Aflize, and branded by the Cooper as aforefaid; on pain of' Forfeiture of all fuch Caflc as are not of due Affize. And if anyTarr (hall, be expofed to Sale in any Caflc not branded as aforefaid, the fame ball be like - wife forfeited. £fltb (tutu it fel enacted by he ataiiirdtp a.Eoxcftlib, That all Fines, Pe- nalties and Forfeitures arifing by Force and Virtue of this Aet, fhall be the one 1-1.11f to their Majeflics, towards the Support of thcGovernment of this Province, and • • t: Provifionsthat have laid three Months fack'd in the Summer, to be reviewed, Afiize of Calk for Tarr. 4. 4 ca z. t t e e Y .4. ca. 3, One Half the Fines andFor- feitures to be ro their 141a - jetties, and the other half to the Informer Regui GULIELMI et MRI ,l egis etRt� i)rtr, uarto. Craning g f enbe v5. and the other half to hint or them that Tall inform and fue for the fame in any of theirMajeflies Courts of Record within this PrOVince. )lEr it Purr[ cr ettattcb by tje r1rozcCafi}, That there be a Mea- furer of Salt and Culler of Fish in every Sea -Port Town within this Province to be appointed as aforefaid,who being likcwifb Sworn for the faithful Difchargc of that Office, Ball cull all merchantable fin, and rneafure all Salt that. !hall be imported and fold out of any Ship or other Veffel, and [];all have three half Pence for every Hogfhead of Salt by him fo mealured, to be paid, rhe one half by the Buyer, the other half by the* Seller. And one Penny her Qrintal for every Quintal of merchantable Fifh by him culled, to be paid, ono half by the Buyer, the other half by the Seller. L. CHAP. VI. An Ad for the punning of Criminal Offenders. d5 it cnacreb anb ojbaineb bp t[t' C5ottc`Itour, 'Zonula anb 1L1cp;t fenta tibe,0 in Orittral Court affentttlrb, anti. hp the 21lt).lo i itv of tie faint, That if any .Perfon or Perfons f}gall prophanely Swear orn Curie in the hearing of any.Jt- ice of the Peace, or shall be thereof convicted by the Oaths of two Witnefi'es, or Col -den -ton of the Party, before,any Juflice or Juflices of the Peace : Every filch Offender shall forfeit and pay unto the Ufe of the Poor of the Town, where the Offence (hall be committed, the Suni of five Shillings. And if the Offender be not able to pay the faid Surri, then to be fet in the Stocks, nor exceeding two Hours. And if any Perfon thall utter more profane Oaths or Curies at the fame rime, and in hearing of' the famePer.: fon or Perfons, he Shall forfeit and pay tothe Ufe aforefaid, the Sitni of twelve Pence for every Oath or Curie after the firff; or" be fel in the Stocks three Hours, Provided, Thar every Offence againft this Law !hull be cohplained of and: proved as aforefaid, within' thirty Days next after the Offence committed, Piracy it i climattil h the £.itt joz(tu cifozcfaf?, That every Perfon con- vi&ed of brunkennefs by view of anyJitftice of'Peace ; Confeflion of thePar-t r or Oaths of twoWitneffes; fuch Perfon fo convicted, ilial[ forfeit and pay unto Drunkennefs, the2. 13 le of the Poor of the''1'own where filch Offence is coniti�itted,theSurn of ry It „ ca. . and t a. frit Shillings for ever fuch Offence . t �1,Ine ca. g Y •And it the Offender be unable to pay the laid Sum, to be fet in the Stocks, nor exceeding three Hours ; at' the Dif= cretion of the Juftice or Juffices, before whore the Conviction (hall be. And upoti a fecond Cotiviaion of Drunkennef;, every fuch Offender, over and above the Penalty aforefaid,ihall be bound" Wrth two Sureties in rheSum of tenPounds, with Condition for the good Behaviour And for want of fuch Sureties, !hall be fent to the common Goal, until he find the fame. Provided, That no Perfon Shall be impeached or molefted for any,Offence againfl this AEI, Utiles he ball be thereof prefented', indicted or convitedwith Provifo, in fix Months after the Offence committed. And- the whom Convi&ion of any of the aforefaid Offences (hall be, are 1 c uitice erbylces before ower - ed and authorized to reflrain or commit the Offender, until the Fine i mn offed for fuch Offence, be fatisfied; or,ro caufe the fame to be levied by Diftrefs,andSale of the Offenders Goods, by Warrant dirc&ted to the Conftable ; .returning the Overplus (if any be.) All fuch Fines to be levied within one Week next after filch Convi&ion, and delivered ro the Sele&-Men, or O verfeers of the Poor for the Ufe of the Poor as aforefai,f, ' 3110 (nudity_ rna rcb nub o�bfitfrb he. the Otitlicrftp aforefaib That who- nth. foever than Steal dr Pur;oin any Money,Goods or Chattels, beingthereof con- 3 Gec. yield, by Confeffion, or fufficient Witnefs upon Oath : Every fch Offender, shall forfeit treble the Value of the Money, ,so ' loincd, unto the Owner or Owners thereof •GGQ�I,e furthere[ �i�2 Bolen of ��lrr- or Whipping; at the Difcretion of the Court or J'uftices that have Co nuance B g of 69,' 9 Meafurer of Salt, .4 Culler' of Fifh. 4 G. ca, 5. Curfii,t; ace wearing, g, 5 !t'. 131 ca. ,1., Prefumptian. 4, 1692, .A1180 Regni G ULI E LMT et M AR 1IE, Regir et Regime, Quarto, 10 Criminal £f. enoers. ©f fuck Offence; not exceeding the Sum of five Pounds, or twenty Stripes. And if any fuch Offender be unable to make Reflitution, or pay fuch threefold Damages; filch Offender hall be enjoined to snake Satisfa&ion by Service : and the Prolocutor (hall be, and hereby is impowered to difpofe of the kid Offender in Service to any of their Majefties Subjects, ,for fuch Term as 'hall be afligned by the Court or Juflices before whom the Profecution was, And every Juflice of Peace in the County where filch Offence is committed, or where the Thief shall be apprehended, is hereby authorized to hear and deterutine all Offences again(' this Law. Provided, That the Damage exceed not the Sum of forty Shillinigs. Burglary and . And if any Perron !hall commit Burglary, by breaking ftp any Dwolling- Robbery; Houle, Ware-Houfe, Shop, Mill, Malt-Houfe, Barn, Out-Houfe, or any Ship or other Veflel lying within the Body of the County ; or (hall rob any Perfon i Geo. ca. r. in the Field or Highways ; every Perfon fo offending, Ihall upon Conviction be branded on the Forehead with the Letter B. And upon a fecond Con- viFtion, [hall be fel upon ,the Gallows for the Space of one Hour; with a Rope about his Neck, and one End thereof call over the Gallows ; and be feverely whipt, not exceeding thirty .nine Stripes : And upon a third Conviction of the like Offence, !hall fuller the Pains of Death, as being incorrigible ; and than likewife upon the firft and _fecond Convictions, pay treble Damages to the Party injured, as is provided in Cafe of Theft. 210 ft is furtijer cnnttrb ftp t)je sautijatitt afokefafa, That if any Man Fornication. commit Fornication with any fingle Woman, upon due ConviEtion thereof, they kali be fined unto their Majefties, not exceeding the Sum of Five Pounds, or' be corporally punifhed by Whipping, not exceeding ten Stripes CI Piece, at the bifcretion of the Seflions of the Peace, who"lhall have Cognizance of the Of.. Reputed Fa- fence. And he that is accufed by any Wolman, to be the Father of a Ballard ther of Ballard. Child -begotten of her Body ; fhe continuing conflant in fuch Accufation,being examined upon Oath, and put upon the Difcovery of the Truth in the Time of her Travail; 'hall be adjudged ;the reputed Father -of fuch Child,tiotwithfand- ing his Denial ; and hand charged with the Maintenance thereof, with theAfliff- ance of the Mother; as the Juflices in the Quarter Seflions 'Ball' order ; and give Security to perform the faid Order, and to fave the Town or Place where fact) Child is born, free from Charge for its Maintenance ; and may be corn - mitred 'to Prifon, until he find Sureties for the fame,: unlefs the Pleas and Proofs made and produced on the Behalf of the Man assured, acid, other Cir- cumftances be fuch as the Juflices (hall fee Reafon to"judge him innocent, and acquit him thereof, and otherwife difpofe of the Child. And every Jul -lice of the Peace upon his Diferetion, may bind to the next Qiiarter Seflions, him that is charged or fiifpected,, to have begotten a Ballard Child :. And if the Woman be not then delivered, the Seffions may order the, Continuance or Renewal of his Bond, that he may be forth -coming when the Child is born.' Power of the furrb'cr it. to tnnrteb by tijc flutijo*p afortfa(b, That every ju(tice of the Justice of Peace in the County where the Offence is committed, may caufe to be flaid and Peace; arrefled all'Affrayers, Rioters, Difturbers or Breakers of the Peace, and fuch as 'hall ride; or go armed offenfively before any of their Majc(licsJuftices,or other their" Officers or Minifters doing their Office, or elfewhere, by Night or by Day, in Fear or Affray of their Majeflies Leige People ;. and filch others as (hall ut- ter any Menaces or threatning Speeches : And upon Vicw of fuch Juflice or Jt flices, Confeflion of the Party, or other legal ConviOion of any fuchOffencc, fhall.commit the Offender to Prifon, until he find Sureties for the Peace ; and Breachof the good Behaviour; and feize and take away his Armour or Weapons, and !hall Peace. caufe them to be apprized and anfwered to the King as forfeited : And inay further punifh the Breach of the Peace in any Perfon that (hall finite or flrike another, by Fine tothe King, not exceeding twenty Shillings ; and require Bond ForceableEn- with Sureties for the Peace ; or bind the Offender over to anfwer it at the next try & Detain- Seflions of the Peace, as the Nature or Circumflance of the Offence may be ; er, and may make Enquiry of forcible Entry and Detainer, and caufe the fame to be r . rn,rr� lull hiid dljvh Arno Regni G U L I E L M I et M A R .,Regis et R egila&,Q1a rro. 1692. trimtnat effenbcrz'. 11 be removed ; and make out Hue and Cries after Runaway Servants, Thieves 1 2. & 13 W. and other Criminals, - ca. 1. 2na it to further en MO by the autfjotitp afo;cfa b, That if any Perfon or _ Perfons of theAgeofDiferetion (which is accounted fourteenYears,orupwards,) (hall wittingly and willingly make or publi(h.anyLie orLibel,tending to theDefa- mation or Damage of any particular Perfon ; make or fpread any falfc News or Reports, with Intent to abufe and deceive others : Every fuch Perfon or Perfons offending ir, any of the Particulars before mentioned, and being duly convifed thereof, before one or more Juflices of the Peace, 'hall be fined according to the Degree of fuch Offence ; not exceeding the Sum of twenty Shillings for the firft ConviEtion,and find Sureties for the good Behaviour. And if rheParty be unable to pay the Paid Fine, then to be ret in the Stocks,not exceeding three, Hours ; or be corporally puni'hed byWhipping, at the Diferetion of thejuflice or Juflices, before whom the Convi5tion'hall be ; according as the Circum - fiances or Nature of the Offence (hall be. And the faid Juflice or Juflices may reflrain and commit the Offender, until he pay the laid Fine, -and find Sureties for the good Behaviour ; or may caufe theFine to be levied byDifirefs and Sale of the Offenders Goods. And the Party or Parties grieved or injured' by Reafon of any of the Offences aforefaid ; 'hall or may take his of their Suit againft ;iy fuch Offender or Offenders in any Court of Record. 3t WW fut'tjet• enatteD by tjje 2utljoxite•afo;efalb, That if an Perfon or Perfons upon his or their own Head or Imagination, or by-falfe Confpiracy and Forgery. Fraud with others fhall wittingly, fubtilly and falfely forge or takes or fub- $ Eliz. Lilly caufe, or wittingly affent to be forged or made any falfe Deed, Convey- A&t Eli anee or Writing Pealed, or the Will of any Perfon or Perfons in Writing; td the; mens. Intent that the State of Freehold or Inheritance, Right,Title of Interell of any Perfon or Perfons of, in, or to, any Lands, Tenements or Hereditaments, 'hall' or may be molefled,.troubled, defeated, recovered or charged ; or 'hall as is aforefaid, forge, make, or caufe, or affent to be made, or forged, any Obliga- tion, or Bill Obligatory, Letter of Attorney, " or any Acquittance, Releafe, or other Difcharge of any Debt, Accompt, Action, Suit, Demand, or other Thing perfonal ; Or if any Perfon or Perfons !hall pronounce, publifh, or Phew forth in Evidence, any fuch -falfe and forged Deed, Conveyance, Writing, Obligation, Bill Obligatory, Letter of Attorney, Acquittance,Releafe orDifcharge, as true, knowing the fame to be falfe .and forged, as is aforefaid, to the intent above remembred ; and !hall be thereof convicted, either upon ACtion or Actions of Forger of falfe Deeds, to be founded upon this Act at the Suit of the Party grieved,or otherwife according to theOrder and due courfe of Law,or uponBill or Information. That then every fuch Offender Mall pay unto the Party grieved his double Coils and Damages,to be found and affefl'ed in fuch Court where the laid Conviction !hall be ; and alfo !hall be fet upon the Pillory in Tome Market Town, or other open Place, and there to have one of his Ears'cut off; and alfa !hall have and fhffer Imprifonment by the Space of one whole Year, without Bail or Mainprize, And the Party or Parties grieved by Reafon of any of the Offences aforefaid, may take his or their Suit againfl any fuch Offender or Of- fenders, in any Court of Record ; where no :Eifoign, Injunction or Protection shall be allowed the Party Defendant. Ploittbcb alivavo, ant] it tO Ettacteb Gp tfje _Iutijniitp alozefaib, That this. Act or any Thing therein contained, (hall not extend to charge any Judge of Probate, or Regifler, with any the Offences aforefaid, for putting their Seal of Office to any Will to be exhibited unto them, not knowing the fame to be falfe or forged, for writing of the faid Will or Probate of the fame ; Nor to any other Perfon or Perfons that !hall fhew forth or give in Evidence any falfe or forged Writing for true or good, being not Party or privy to the forging of the fame, nor knowing the fame to be falfe or forged ; any Thing in this Act w the contrary notwithftanding. 2nb it t, further tanttco anb obaintb Itp tfje cintbolfq afe cfaib, Tfany Perfon or Perfons, either by the Subornation, unlawful Procurement, Reward, wilful-Per- Gttifter PerfwaGon, or Means of any other; or by their own A&, Confent or jury. Agreement, Lying and Libelling. • 12 Anno R ea ai G U L Y F: f, fv11 I et 1\'I A R I $E, 1t eg i,r e; Reg /mc,C ,yea rto. V atic:crre° poufrf� • Agreement, [hall wiltilly and coeruptly commit any Manner of wilful Perjury, by his or their Depo(it ioe in any Court of Record, or hung examined .Ad per- petuamn ret memoriam, That then every Perfon and Pcrfons fo offending, and being thereof de.tly-convic't, or attainted by Law, !hall for his or their Offence, tole and forfeit zee:cnty .Poiinds ; the one Moiety thereof unto. their Majeflies, and the other :`.ioiety to filch Perfon of Pcrfons as !hall be grieved, hin clred or Malefic(' by ikcafori of any fuch Offence, that [hall the for the fame by Aelion Of Debi, Bill, Plaint, Information,or otherwife in any Court of Record ; in the which no \Tager of Law, Ecloign, Prote&ion, or InjunEtion to be allowed : And alio to haze 1 mpr,fbnmetit by the Space of fix Months, without Bail or Main- e; Add the Oath of filch Perfon or Perfons fo ofending,not to be received lira any Court of Record, until filch titne as the Judgment given againft the Paid Perfon or ?erfonS, 'hall be re'ver'ed by Attaint or otherwife ; and upon every such Reverfhl, the Parties aggrieved to recover his or their Damages againft all and every fuch Perfon and Perfons,as did procure the raid Judgment fo reverfcd, to lie given againft them or any of' them, by Action, orAaions,upon his or their Cafe or Cafes ; according to the Courfe of the common Law. And if it happen the faid Offender or Offenders, fo offending,not tohaveany Goods or Chattels, to the Value of Twenty Pounds, that then he or they be tet on the Pillory by the Space of one whole Hour, in Tome Market 'Fowl whore the Offence was committed, or nest adjoining to the Place where the Offence was committed, and to have both his Ears nailed ; and froth' thenceforth to be difcredited and difabled for ever to be Sworn in any Court of Record;. until filch time as the Judgment [hall.be reverfed. And all and every Perfon and Pcrfons who !hall unlawfully and corruptly procure any ?timers or \Yirneffes, by Letters, Rewards, Prom' fes, or by any other finifler and unlawful Labour or Means whatfoever; to commit any wilful and corrupt Perjury; hi any Matter or Caufe whatfoever depending ; or that (hall ' depend to Suit and Valiance by anyWrit, Aaioii, 13i11, Complaint or Information. in any Court of -Record ; or to Certify inPerpetaam ret memoriam : 'Every filch* Offender,` being Thereof duly convict or attainted by Law,fhall forhis or their Offence be proceeded againft, and fuller the like Pains,' Penalties,: Forfeitures, and Difability in all Refpe&s as above=mentioned; .nip. it 10' furlrl citaftcb tip the 2ittr cgitb ntoletcllt�, 'mann the afore- faid Forfeitures- and Suits of Money ari(ing for any Offence mentioned in this Aft, and every Branch' the► eof,'and !not otherwife difpofed of e fhall be until their 1 vIajeftiese forand'towards the Support of the Government of this Pro- - Since, and 'the incident Charges thereof. . HA' P. VII. 1'1�rie to keep An A& for:.the, fujppreiling . of Unlicen l'ed HoufdS, and the. a Houfe of cdrnthon En- ' due Regulation of fuch as are; or 'hall be Licenfed. c it oibniiicb nub tliacttb bis rig d$oticrnotir; ennui! bill) i!Repvrfe:t: tatibeO rubella, lit deneriiT Court, tw the `Itnvio4fty of ti)t timely with- � Nutt, That no Perfon or Perfons whatfoever ( other, tltati filch as . out Licence, upon' prodiicitig Certificate froth the Select[- mein of the Town where they on Penalty of dwell, or who !hall be otherwife thought tit by die Juftices thetnfelres,fhall be T°!- li ter tainment, or fell fl•rong Drink pub. lickly or pri- One Half to the Informer, and the other to the Ufe of the Poor. 7 IP. ca. 2 10 t 1 ft. ca. t . 7 G. c 8. Upon fecond C onvis ion, to .give Borid fur the good Be- haviour. cenfed by the faid faked in Qinarter Setfions) may prefume to be a common Irtetualler, Innholder, Tavernier, or Seller of Wine, Beer,Ale, Cyder;or throng Liquors by Retail : nor !haft any prefume without filch Licence, to fellWine or. ftro'rig Liquors privately by a lets Quantity than a. Quarter Caflt, and that delivered' and carried' away all at one time ; on. pain of forfeiting the Suni of Forty Shillings for every, fuch Offence; upon due Conviction thereof ; one Half thereof to the Informer, and the other Half to the Ufe of the Poor of the Town where filch Offence is committed. And upon a fecond Convi6ion, befides the Forfeiture of Forty Shillings as aforefaid; fhall enter into Recog- nizance with one or more Sureties, - for the .goad Behaviour, efpecially not to tranfgrefs the Law in that RefpeE. _ Pr i i i a I III I hi,r Milne Regni GtJLIELMI et M ARIItRegis etRegive, Quarto. r692. eeptng the Lo b'i map o Z1 tSe it further ettacteb bp the ttt o ttp afo;cfaib,, That all 1_,icences be I,icencesrobd renewedYY earl, andBond givenrvan'ce of for the dud Obfcf the faiuc, and of renewed year- ly and the Laws ; and that the Perfon licenfed fhall ufe his Licence in fuch Houfes given, Bond as [hall be therein named, and no other. Juttices may And if the Juflices in Quarter SefIions'hall think fit to Licence any Perfon gratis Licence or Perfons not prefenting a Certificate as aforefaid from the Scled-mcii, the Micapclito fcthe Clerk of the Seffions, before granting Licence to any inch, !halt fignlfy the Selea-Men Name and Defire of every fuch Perfon unto theSeled-men of rheTown where upon Notice filch Perfon dwells, one Month before Hand, that fo they may have Opportu- 8o el;. ca 8. nity and Liberty to offer their.Oojettions againfl it, if any filch be. Games ,;rail And forafmuch as the ancient, true and principal WC of Inns, `1 averns, Gaming tor- ;Ale-Houfes, Vic`lualling Houfes, and other Houfes for CO 111111011 Entertainment, b'dden in is for Receipt, Relief and Lodging of Travellers and Strangers, and the Re -bol I=Ioa- fespain of frefhment of Perfons upon law,[ u! Bufinefs ; or for the nece/)or y Supply cf the ,I„J, Wants of firth poor Perfons as are not able by greaterQuuntities to make their Pcnatry ort Provifion of Vifluals : and are not intended for Entertainment and harbour_ Garrteftcrs• ing of lewd or idle Peo,le to fpend or col f ane their Money or Time there : Therefore to prevent the +N' ifchiefs and great Diforders happening daily by the abufc of Much Houfes t ip further matte!) bp tlje Qltttljo'itp afolefalb, That no Taverner,Inn- -keeper, Ale -Houle -keeper or Vi&ualler, (hall have or keep in or about their Houfes, Out•Houfes, Yards, Backfides, Gardens or Places to them belonging; any Dice, Cards, Tables, Bowls, Shuflle-board, Billiards, Coyts, Cales,Logats, or any other Implements ufed in Gaming ; nor !hall fuffer,any- Perfon or Per- fo)is reforting unto any of their Houfes, to ufe or exercife any of the Paid Games, or 'any other unlawful Game or Sport within their faidHoufes,or any of the De- pendencies as aforefaid, or Places to them belonging; on pain of forfeiting the 5u'. Sum of Forty Shillings for every filch Offence, upon. due Conviction thereof; the faid Fine to be difpofed of as aforefaid. And every Perfon convieled of playing as aforefaid in any fuch Houle or Dependencies thereof, (hall forfeit the Sum of Six Shillings and Eight Pence, to be difpofed of as aforefaid. penalty for flub further it it Matt bp tot' Q1tlti oiit afoicfaib, That anyPerfon refuting p give Et ito dence duly fumrnoned to give in Evidence refpe&ing the Breach of this Act, in any againfiPerfons of theBranches thereof, (other than the Party himfelf,his Children or Servants) felling with - that !hall refufe to give in upon his Oath, when fo requited, what he knows re- out Licence. lating to the Premiffes, (hall forfeit FortyShillings to the Ufe of the Poor of AEt for fup- g � prefling cf the Town as aforefaid, Drunkennefs. Slab it io limber matte)) .bp tfle ut 3o;ittl nfolefnfb, y J � 11Kca. z.& los � That ever uflicc 7 of the Peace in the County where he dwells, as well a's the juflices in Quarter AchcndianAEfpt for ncd n Scflions, are hereby refpettivcly impowered to hear and, determine all Offences and fuppref- againia this Act, and tnay commit the Offender to Prifon, until he pay the ftid-f,ng Deiforders; Fine, and enter into Recognizance as aforefaid for the good Behaviour ; or may to licenced Houfes. caufe the Fine to bd levied by Diftrefs and Sale of the OffendersGoods,return; to lt', ca. S. ing the Overplus, if any be. ca.4.. ,CHAP. VIII. An A& for the better Obfervatioland Keeping the Lord's - Day. ft cnncteb raft v�tiafttiix by tfle ri obernotir, council an I,i,r trcfcit tt1 c , tenurial its: central atirt or lffcnttbly, an) it iO rrlartcb bp ti)e 2utjoiitp of the faille, That all and every Perfon and Perfons whatfb- ever, [hall on thatDay carefully apply then -delves toDuties of Religion andPiety, publickly and privately ; and 'that noTradefinan,Artificer,Labouret or otherPcr- fon whatfoever, (hall upon the Land or Water, do or exercife any Labour, Bu- finefs or Work of their ordinary Callings ; nor ufe any Game, Sport, Play or Recreation on the Lord's Day, or any Part thereof ; (Works cif Neceffity and Charity only excepted) upon pain that every Perfon fo oflending, !hall forfeit Five Shillings, ' fitit'rk!c Labour and Sports prohi- bited on Pe- nalty of 51. '? G. ca. t. • • 1692. ,inno Regni (3U L 1 E L M 1 et M A R I )E, Regis et Reginte,Qlarto. .$4 Travelling Prohibited on Penalty 2b s. of g� tie LortfEc Dap, pima, it 0 caner) attb bedaub, That no TTravel].er, • Drover, Horfe- Courfer, Waggoner, Butcher, Higler, or any their Servants, (hall travel on that Day, or any fart thereof,cxcept by forneAdverfity they were belated and forced to lodge in the Woods, Wildernefs or High -ways, the Night before; and in fuck Cafe, to travel no further than the next Inn or Place of Shelter, on that Day, upon the Penalty of Twenty Shillings. Public Houfes Palter it to otbereb, "That no Vintner, Innholder, or other Perfonkeep- not to en- ing any publick Houle of Entertainment, fhall entertain or fuller any of the In- tertain any o- habitants of the refpeetive Towns where they dwell, or others not being Stran- Stranger3ers gers, or Lodgers in filch Houfes, to abide or remain in their Houfes, Yards,Or- Strangers and � Lodgers, on chards, or Fields drinking, or idly fpending their Time on Saturday Night after Penalty of S s. the Sun is fet,or on theLord'sDay, or theEvening following; upon the Pain and for every Per- penalty of Five Shillings for every Perfon,payable by themfelves rerpe&ivelyr fon. that _(hall be found fo drinking or abiding in anyfuch publick Houfe orDe,en- to W. ca. 8. GW& M c 4. dencies thereof as aforefaid ; and the like Sum f Five Shillings to be paid by the Keeper of fuch Tioufe, for every Pcrfon entertained by them. One )u l;ce of And for the better Execution of all and every the foregoing Orders, every the Peace m ty JufIice of the Peace within his County !hall have Power and Author ity to con - hear and de- vent before him, any Perfon or Perfons, who thall o{Tnd, in any of the Parti- ne any culars before mentioned, and upon his own View, or other legal Convi&ion of Breach of this any fuch Offence, to impofe the Fine and Penalty for the fame, and to re[Irain or commit the Offender until it be faiisfied ; or to caufe the fame to be levied by Diflrefs and Sale of the Offenders Goods, returning the over -plus (if any be) and in Cafe. any fuch Offender be unable or refufe to faddy fuch Fine,to caufe Fines for hist to be put in the Cage, or fet in the Stocks, not exceeding three Hours Breach s ,9�t oti c) be All Fines and Penalties accruing by this Aft, to be to the Benefit and Relief of to the Ufe of the Poor of fuch Town where the Offence is committed ; and delivered into the the Poor, Hands of the Select -men or Overfeers of the Poor for that End. And all Matters and Governours of Families are hereby required to take cffeetual Care that their Children, Servants and others under their immediate Government, do not tranfgrefs.m any of the foregoing Particulars. Juftices, Con. And all and every.Juf}ices of the Peace, Conftables and Tythingmen,arere- :tables, &c. quired to take effectual Care, and endeavour that this A& in :ill the Particulars required to fee that this Aa thereof be duly obferved ; as alfo to reflrain all Perfons from Swimming in the Water, unneceffar and unea,fonable walking in the Streets or Fields in the he obferved. y fg Town of Bogor!, or other Places, keeping open their Shops, or following their . fecular Occafions or Recreations in the Evening preceeding the Lord's Day, or any Part of the laid Day or Evening following. And all Perfons are (tri&ly required to be obedient to, and aiding and :Sifting i 5- G. z. ca. 3 t t fl. ca, t. i G. 2.'ca. 6 i9G.2.ca3 Refolves a- bout the Aft for the better Obfervation of the Lord's Day. ▪ fuch Juttices, Conftables and other Gflicers herein, as they will anfwer the con- trary at their Peril. [At a Great and General Court or ./Jt, fcmbly for her Iajefly's Province of the Maflachufetts-Bay in New -England begun orifi held at Bol ton,uponWed- nefday the thirty-firfl of May 17o4. The following Refolves were drawn up and pared, viz. Whereas a Doubt or Queflion hal been moved upon the f rfl Paragraph in the AR for the better Obfervation of the Lord's Day ; viz. Whether the Penalty therein expref ed extends to both Parts of the faid,,Pa- ragraph ? Refolved, That the laid Penalty or Fine of Five Shillings, extends to both Parts .of the faid Paragraph ; and is fo to be under floocl. , Further Refolved„ That by the .Power of Reflraint given by the 'latter Pa- ra -raph of the faidAlt ; fuch Reflraint is intended and to be under flood of• Imprifonment, not exceeding the fpace of twelve Hours ; by fetting it th-e Cage orStocks,not exceeding threeHours ; upon any that fl.'all pre/itmptuoally and ob- flinately ofend in any of, the Particulars or ,Articles therein enumerated, C072- trary to any .Admonition given by any 7 f ice of the,Peace,Coiij?able,Tything- vian, or other Of ij cer.] da1...d.4 CHAR N Silo Regal GULIELM1 et MARIJE,Regis etRegi;:;e, Qdarto. 16y2a tomanott JIlia 1cCOI CHAP. IC An Ad for Prevention of common Nufances arising by Slaughter-Houfes, Still-Houfes, &c. Tallow -Chandlers, a, and Curriers. 'd• d it oxbafncb 'nub enatteb by the obernmr, Council anti 3Rcprefcnra: tibe�, ronbetieb in iSgncral Court- az affetnhly, anti bp tje tutbotite of tlje faint,, That the Sele&-men of theTowns of Boflon, Salem and Cha-l0own refpe&ively, or other Market Towns in the Province,with two or more Juftices of the Peace dwelling in the, Town, or two of the next Juflices in the County, !hall, at or before the laft , Day of March, one Thoufand fix Hundred ninety three,aflign foie certainPlaces in each of the faidTowns (where it may be leaft offenfive) for the ereEting or felting up of Slaughter-Houfes,for the killing of all Meat; Still-Houfes, andHoufes for trying of Tallow, and cur- rying of Leather, (which Houfes may be erected of Timber,the Law referring to Building with Brick or Stone notwithstanding,) , And ►`hall caufe an Entry to be made in the Town Book, of what Places (hall be by.them fo affgned, and make known the fame by pollingit up in forme public Places of the Town. At which Houfes and Places refpe&tively, and no other,..all Butchers and Slaugh- ter -men, Dittillers,Chandlers andCurriers; fhall exercifeland praelife their refpec- tiVeTradesandMyfleries; on Pain that anyButcher orSlaughter-than tranfgreffing Of thisAlt by killing of Meat in any other P lace,for everyConvi&tion thereof, be-, fore one or more Juftices of the Peace, !hall forfeit and pay the Sum of twenty Shillings. And any Diftiller, Chandler or Currier, offending againft this A&, for every Convi&ion thereof before their Majefties Juffices at the General- Sections eneralSeflions of the Peace for the County, (ball forfeit and pay the Sum of Five Pounds,; one third Part of the Paid Forfeitures to be to the Ufe of their Mac: jetties; for the Support of the Government of the Province, and the incident Charges thereof ; one third to the Poor of' the Town,where fuch Offence [hall 2be committed ; and the other third to him or them that Shall inform and The for the fame. And for r venting of Cruelty to Bruit Creatures : 1t ii fttrtjrr enacteb by le autjolitp nfotefatti, That all Calves, Sheep or Lambs, brought alive to the Market, [hall be either driven or carried in Carts, Sleds, Panniers or Boats, and not otherwife ; on path of forfeiting of all Calves, Sheep or Lambs; palling towards, or brought alive to the Market, laid acrofs, or hanging by the Sides of Hodes, (as has been ufual) or in any other Way contrary to the true intent of this Act : One half of all fuch Forfeitures to be unto the Informers, who [halt feize and profecute for the fame ; and the other'Moiety to' the. Ufe of the Poor of the Town, where filch' Seizure [hall be made, to tie di(lributed by the Select -men or. O'ver'feer's of the Poor. And all Sele&-men, Overfeers of the Poor, Conftables, Tything•men, and other Officers iii' any Town, upon their own View, or Information of any Tranfgreffion of' this A& within their refpeaive Prccin&s, !hall and hereby are unpowered to feize or caufe to be Seized all Calves,Sheep or Lambs, that fhall be carried or brought alive to the Market, in any other Way thanis before di - reeled. And upon due Proof thereof made before one or more Juflices of the Peace,fhall b'e forfeited, and the fame or the Value thereof, be' difpofed of as aforcfaid. And all Veal -or other Meat, expired to Sale, that (hall be blown /up or wind- ed, !hall be alike forfeited and difpoted of. C CHAP, 8W.ca. 6. 711. ca. t. 911. ca. 7. Slaughter- Houfes, Still- Houfes, &c. to be in cer- tain Places afhgncd, and in no other. 13 G. ca. 9. t 4 G. 2. ca, 2. 8 11. ca. 3. . 5W.&M.ca.8. to W. ca. 1. 78c3 G.z ca 3. 4W.&.M. ca. i. Cruelty to Bruit Crea- tures forbid den. Select-meri, Conflables, &c. impow- red to feize. Flefh blown or winded to be forfeited. • 1 69 2. ,4;;;io R egni GU L I E L M T et M A R I E, Regis et R eginre,Qua rro, 14 tcptn tSjtiltwopYIS 'ap• • Travelling gttL' bet• f t i Cann anb t cclareb, That no Traveller,. Drover, Horfe- prohibitedCourter Waggoner, Butcher Hi ler, or an their Servants !hall travel on that on Penalty of Day, or any in thereof,except by fomeAdverfity they were belated and forced to lodge in the Woods, WTilderncfs or High•ways, the Night before; and in fuch Cafe, to travel no further than 'the next Inn or Place of Shelter, on that Day, upon the Penalty of Twenty Shillings. 5•urtbcr it to otbcreb, That no Vintner, Innholder, or other Perfon,keep- ing any publick Houfe of Entertainment, Shall entertain or fufl'er any of the In- habitants of the refke&ive Towns where they dwell, or others not being Stran- gers, or Lodgers in fuch Houfes, to abide or remain in their Houfes, Yards,Qr- chards, or Fields drinking, or idly fpcnding their Time on Saturday Night after the Sun is fet,or on theLord'sDay, or thcEvening following; upon the Pain and Penalty of Five Shillings for every Perfon,payable by themfelves refpe&ively7 that filial' be found fo drinking or abiding in any fuch publick Houfe orDepen- dencies thereof as aforefaid ; and the like Sum of Five Shillings to be paid by the hceper of fuch FIoufe, for every Perfon entertained by then. And for the better Execution of all and every the foregoing Orders, every 'office of the Peace within his County fhall have Power and Author ity to con- vent before him, any Perfon or Perfons, who !hall offend in any of the Parti- culars before mentioned, and upon his own View, or other legal Convktion of any fuch Offence, to impofc the Fine and Penalty for the fame, and to reflrain or commit the Otlender until it be fatisfied ; or to cattle the fame to be levied by Diflrefs and Sale of the Offenders Goods, returning the over -plus (if any be) and in Cafe any filch Offender be unable or refute to fiitisfy •fuch Fine,tocaufe him to be put in rhe Cage, or fet in the Stocks, not exceeding three Hours All Fines and Penalties accruing by this A&, to be to the Benefit and Relief of the Poor of filch Town where the Offence is commuted; and delivered into the Hands of the Selea-men or Overfeers of the Poor for that End. And all Mailers and Governours of Families arc hereby required to take cffedual Care that their Children, Servants and others under their immediate Government, do not tranfgrefss.in any of the foregoing Particulars. And all and every Juffices of the Peace, Conffables and Tythingmen,are re- quired ro take effeaual Care, and endeavour that dais A& in all the Particulars thereof be duly obferved ; as al fo to reflrain all Perfons from Swimming in the `Vater, unnecefl'ary and unfeafonahle walking in the Streets or Fields in the Town of Bo/lort, or other Places, keeping open their Shops, or following their fecular Occafions or Recreations in the Evening preceeding the Lord's Day, or any Part of the laid Day or Evening following. And all Perfons are (tri&Fly required to be obedient to, and aiding and afliffing fuch Juftices, Conflables and other G$icers herein, as they will anfwer the con- trary at their Peril, [At a Great and General Court or .4f 'mbly for her Majcfly's .Province of the Maftachufetts-Bay in New -England begun and held at Boiton,uponlYed- nefday the thirty-firfl of May 17 04. The following Refolves were drawn up and pared, viz. Whereas a Doubt or Ouefiion has been moved upon the f r/i Paragraph in the Ac7 for the better O./ervation of the Lord's Day ; viz, Whether the Penalty therein c Pref d extends to both Parts cf the fetid Pa- ra -raph ? R.efolved, That the %aid Penalty or Fine of Five Shillings, extends to both Parts .of the faid Paragraph ; and is fo to be under flood. Further Rcfolved, That by the Power of Re/Iraint given by the latter- Pa- ragraph of the faid.4ci ; fuch Reflraint is intended and lo be ttnde'rflood of Impr fonment, not exceeding the fpace of twelve Hours ; by fitting in the Cage orStocks,not exceeding threeHours ; upon any that fl.'all pre/wnptuot/1y and ob- flinately ofend in any of the Particulars or ,flrticles therein enumerated, con- trary to any Admonition given by any 7ujlice of thePeace,Corjable,`ything- inan, or other O icer,] 205. Public Houfes not to en- tertain any o- thers than Strangers and Lodgers, on Penalty of 35. for every Per - fon. to W. ca. 8. W & Mc 4. One Juflice of the Peace m ty hear aid de- termine any 8reac,: of th is Fines for Breach of this Aft to be t� the Ufe of the Poor. luflices, Con- itables, &c. required to fee that this Ad be obferved. 13 G. 2. ca. 3. tt,1.ca, t. r G. z.'ca.6. 19 G. z. ca. 3. Refolves a- bout the Ail for the better Obfervation of the Lord's Day. CHAP: • Auto Regni G U L I E L M I et M A R I /E, Regis e't Regime, Qdarto. i 02; Commonuufances% C H A P. EC. An Atft for Prevention of common Nufances arifing by Slaughter-Houfes, Still--Houfes, &c. Tallow -Chandlers, and Curriers. Q' it otbaflteb anb enafteb bp the (Gobernour, Council anb 1tcpref.enta: Miro, rottbetieb in c5,eneral Court at aitentblp, anb bp the atttlbalitp of tlje fame,, That the Sele&•men of theTowns of ]Jo/lon, Salem and Char lefiiowra refpeEtively, or other Marker. Towns in the Province,wich two or more "offices of the Peace dwelling in the, Town, or two of the next juflices in the County, lhallat or before the lafl Day of March, one Thoufind fix Hundred ninety three,afiign force certainPlacesin each of the faidTowps (where it May be leaff offenfive) for the erc&ing or felting up of Slaughter-Houfes,for the killing of all Meat ; Still-Houfes, aiidHoufes for trying of Tallow, and cur- rying of Leather, (which Houfes may be ereEled of Timber,the Law referring to Building with Brick or Stone notwithftanding,) , And (hall cau fe an Entry to be made in the Town Book, of what Places (hall be by them fo affigned, and make known the fame by pofFing it up in forme public Places of the Town. At . which Houfes and Places refpeelively, and no other,,ail, Butchers and Slaugh- ter -men, Diflillers,Chandlers andCurriers; (hall exercife‘and praEtife their refpec- tijeTradesandMyfleries; onPain that anyButcher orSlaughter-man tranfgrefling of thisAet bykilling of Meat in any otherPlace,for everyConyiEion thereof, be-. fore one or more Junices of the Peace, (hall forfeit and pay the Sum of twenty Shillings. And any Miller, Chandler or Currier, offending againff this Act, for every Convi&ion thereof before their Majefiies 'offices at the General Seri -ions of the PeaCe for the County, (hall forfeit and pay the Sum of Five Pounds,; one third Part of the Paid Forfeitures to be to the Ufe of their Ma; jetties, for the Support of the Government of the Province, and the ineident Charges thereof ; one third to the Poor of the Town,where fuch Offence fhall .be committed ; and the other third to him or them that Shall inform and ftae for the fame. And for in-' cventing of Cruelty to Emit Creatures : -3t iy ful't»PC cnafaeb by the 2utbolitp afoaefaib, That all Calves, Sheep or Lambs, brought alive to the Market, chat' be either driven or carried in Carts, Sleds, Panniers or .Boats, and not otherwife ; on pain of forfeiting of all Calves, Sheep or Lambs; palling towards, or brought alive to the Market,laid acrofs, or hanging by the Sides of Hotfes, (as has been ufual) or in any other Way contrary to the true intent of this A& : One half of all fuch Forfeitures to be unto the Informers, who !hall feize and profecute for the fame ; and the other'Moiety to'the Ufe of the Poor of the Town, where fuch Seizure fhall be made, to be diffributed by the SeleEI-men or O'verfeers of the moor. . And all Sele&-men, Overfeers of the Poor, Conflables, Tything•meh, and other Officers in any Town', upon their own View, or Information of any Tranfgreflion of this A& within their refileaive Precin&s, !hall and hereby are inipowered to feize or Calle to be feizecl all Calves,Sheep or Lambs, that !hall be carried or brought alive to the Market, in any other Way than is before di - reefed. And upon due Proof thereof niade before oiie or more ,Suffices of the Peace,fhall be forfeited, and the fame or the Value thereof, be difpofed of as aforefaid, And all Veal or other Meat expo-fed,to Sale, that (hall be blowuup or wind- ed-, Shall be alike forfeited and difpofed of. • •- - s ,..."1••••••••••••••••••••••••• C CHAP. '5 8 W. ca. 6. 7A.ca. 1. 9 2 ca. 7. Slaughter• Houfes, Still- Houfes, &r. to be in cer- tain Places afligncd, and in no other. 13 G. ca. 9. 14G. 2. ca. 2. 8 A. ca. 3. 51/7.&M.ca.8. 10 IF. ca. 1. 7&8 G.z ca 3. 41y'.&M. ca. f. Cruelty to Bruit Crea- turesforbid- den. Sele&•meri, Conflables, impow- red to feize. Flefh biown or winded to be forfeited. • • . 71,wo Regia: GULIELM.I et MARIE, Regi set Reginee,Qyarto: 116 atria S inf.lcrg anb ,cbooh-1153after5 f urticez or Minifters re- fpeEtively to felemnize Manages. 7W ca. 6- 3 G. ca. 4. Publilhment how to be made. • Fee for Mar- riage, &t. 3G.ca. 4. Penalty for pulling down Fub1ithments. Marriages to be regiftred. ca, 6. Divorce. 1 G. 2. ca. 8. 10 W ca. zo. .4..j. ca. 6. CHAP. X. • An A&tr for the orderly confummating of Marriages. it olbaineb anb enafteb by tbt d6obcrnour, Council anb 3i.eprefen: tatibe0 in dbencral Court affettaltleb, anb bp tlje fitttbo;itp of the fame, That every Juflice of the Peace within the County where he refides, and every leitled Minifier in any Town, fhall, and are hereby rcfpec- tively impowered and authorized to folernnize Marriages,within their refpe&ive Towns and Counties, betwixt Perfons that mriy lawfully enter into fuch a Re- lation, having the Confent of thole whofe immediate Care and Government they are under, and being likewife firli publifhed by afking their Banns at three feveral publick Meetings in both the Towns where !bell Parties. refpe&ively dwell ; or by polling up their Names and Intentions at fume publick Place in each of the laid Towns, fairly written, there to hand by the fpace of fourteen Pays; and producing Certificate of filch Publifhment under the Hand of the Town Clerk or Conftable of filch Towns refpe&ively. And the Fee to be paid for every Marriage,. fhall be three Shillings ; and for Pilblifhrnent and Certificate thereof, one Shilling. 210 be it funrjaa .enatte4, That whoever.fhall prefume to deface or pull down any fuch Publifhment, pofled up in Writing, before the Expiration of the Time, than be fined to the Ufe of the Poor of the Town, the Sum of ten Shillings, being convi&ed thereof, before one or more Juflices of the Peace : And if the Party be unable to pay the faid Fine, then to be fet in the Stocks one whole Hour. .And every Juftice and Minifier fhall keep a particular Regifter of all Mar- riages folemnized before any of them, and make a return thereof at the End .of each Quarter of a Year unto the Clerk of the Seflions of the Peace within the fame County, to tie by him regifired ; who is hereby impowered thereto, and lhall be paid by every finch Juftice and Minifier, three Pence for each Mar- riage fo returned. anti it 1.0 furtjer aorta bp the otltfja�itp afolefaib,. That all Controver-, ries concerning Marriage and Divorce, (hall be heard and determined by the Governour and Council, . C 'H A P. 'NI.., An A& for the Settlement and Support of Ministers and School -bailers., ft o_lbaineb anb enafteb by the d5ob?rno'.tr, Council. atO iltcprefenta- titie5 conb,cneb its 6enetal COitt,t or afc;nblp, anb lisp the Zuthoiltp of t8 tam-, That the Inhabitants of each Town within this Province (hall take due Care from tune to time, to be confiantly provided of an able,. learned orthodox Minifler or Milliners of good Cnvcrfation, to d.ifpenfe the Word of God to them ; which Millifier or Minders (hall be fuitab.ly cncoura- Contra&s and god and fitf. rciently fupported and maintained by the Inhabitants of fuch Town. And all Contra&s, Agreements and Orders heretofore made, or that !hall hereafter be made by the Inhabitants of any Town within this Province..refpe&ing their Minifters or School-Maflers, as totheir Set- tlement or Maintenance, fhall remain good and valid according to the true intent thereof, the whole time for which they were or (hall be made, in all the Parti- culars thereof, and (hall accordingly be purfued, put in Execution and fulfilled. And where there is no Contra& and Agreement made in any Town, refpeBeing the Support and Maintenance of the Iblinifiry ; or when the fame happens to be expired, and the Inhabitants*of filch Town fhall negle& to make fuitable Provifion therein; upon Complaint thereof' made unto the Quarter Seflions of the Peace for the County where fuch. Town lies ; the Etid Court of Quarter Seffions Agreements to be made good. Negle& of making fui‘a- ble Provifion for M;n;flers to be redref- fed by the Quarter Sef- ;: ms. b . i Illul� • • Anno!Regiri. G U L7 L L M T et M A R 1 R ,Rge=i.r etReg/ue,Qparfo. Count? treaturey a b €ijmitre. r7 Seflions fhaIl; and hereby are impowered to order a competent Allowance unto 4 Sc 5 «&M fuck Minifier, according to the Eflatc and Ability of the Town ; the fame to ca f'upz. � m. ca. 0. be afleffed upon the Inhabitants by Warrant from the Court, directed to the t Anne ca. 3. Sele&-men, who are thereupon to proceed to make and proportion fuch Aflefs- 384 G. ca. I. •meet in manner as is. dire&ed for other Publick Charges, and to enure the fame 16 G.2. ca. i. to be levied by the Cant -tables of fuch Town, by Warrant under the Hands of the Sele&-men ; or of the Town -Clerk by their Order. ' . . . 1S¢ it fatter motet) h p the 9ntljozitp afolefaib, That where any Town The COurt of .11 -all 'be deflituteof a Minifies' qualified as aforefaid, and !hall fo continue 1.)y (y Ttjouarrnsto o' tiSkeof •the fpace of fix Months, not havingtaken due Care for the procuring, fettling Care that no and 'Encouragement of fuck Miriifier, the fame Icing made to appear ttpoti T*.vn be de - Complaint unto their Majef}ies Juflices at the Goner.~" Seflions of the Peace fatale of a for the County, the faid' Court of Quarter Seflions, !hall, and hereby are im- AJiih;ftet' powered, to make an Order upon every filch defy:&ive Town, fpeedily to 'provide thenifelves of fuch Minifters as aforefaid, by,the next Se:Tions at the further} ; and in 'cafe filch Order be not complied with, then the Paid Court fhall take e(fedual Care to procure and fettle a Minifier qualified as aforefaid, and order the Charge thereof, and of fuch Minif}er'sMaintenatice, to be levied on the In- habitants of fueh Town. Churl hes td £Iub ft i0 further, tnatteb bp tfje Qtttt1jnt`itp nfo tfaib, That rhe ref'pe&ive enjoy their Churches in the,feveralT'owns within this Province, iha11 at all times hereafter, Privileges & ufe, exercife and enjoy all their I'riviledges and Freedonis reflje&ing divine Freedoms. Worfhip; Church Order and Difcipline. ' And fball be ericOtitaged in the peace~ • Ole and regular Profeflion and Pra&iee thereof. . anb be it further mute] by ije Zutbolitp'afo2efafb, That every towii School for • • within this Province having the Number of fifty noufiiolders or upwards, !hall wdn g, and be conflantly provided of' a School -Mallet to teach Children and Yotith to' read raig and write. And where any Town or Towns have the Number of one Hun- Grammar dred Families 'or Houlholders, there !hall alfo Ise a Grammar School fet up in School. every fuch Town, and fome difcreet Perfon of good Converfation, well in- firti&ed in the Tongues, procured to keep fuch School e Every fuch School Mailer, to be fititably encouraged and paid by the Inhabitants. • . And. the Seidl -men and'Inhabitants of fuch Towns refpe&ively, !hall take School,Ordinal Care, and make -due Provifion for the Settlement arid Maintetrance of tors to be fup-. fuch School-Mafier and Mailers, ported.• 20. And if any Town qualified as before exprefs'd, !hall negle& the due Obfeh= 4 G a.W.a z. ,tante of this Ail, for the procuring and fettling of any fuch School-Mafler as aforefaid, by the fpace of one Year: Every filch defeEive Town Shall- itieur the Penalty of ten Pounds. for every Convi&ion of fuch Necrk& upon Com' penalty fot• plaint made unto their MajefliesJuflices in.Q9arter Sefionsfor the fameCount I�'e left.' in which filch defe&ive `Town lieth ; which Penaltyshall be towards the Sup- cc c a • . o. port of filch School:or Schools within the fame Couhty, where there may be r B. ea.�%- molt need, at the Difcretion of the Jufiices in ..Qyatter, Sefiiotis ; to be levied by Warrant form the Paid Court of Seflions in Proportion Upon; the Inhabitants of fuch defe&tive Town, as other publick Charges, and to be paid unto the County Treafurer, C 11 A P. XII. An Ad for the Settlement of the Bounds, and defraying of the publick and hecefTary, Charges arifing within each refpeetive County in this Province, e ft olbaitteb anb matte) by tT;e Oouernour; tonna! anti 1.epre= fentatfbe0, in 'antra Conti, agemt'Irb, anb by the 2itrjetil`p COuntics to Dt tije fame,. That all (ountties as they now lie, and are. tamed, continue alt continue and remain dilin& Counties to all Intents and Purpofes in the Law formerly. whatfoever. And that there be a County Treafurer annually chofcn for .each refpc&iVe County, being a Freeholder within the ftmc ; and to be chofen by C the • • .n i 692. AunoRe;riiGULIEI,MI et M A R 1.1g,Ralesel R,e;/mesQyarto. t 8 .. otuitt tpts ant f ns :tl ctt%, .1 the Votes of the Freeholders, and other Inhabitants of each ref'pe&ive Town, duly qualified as is provided by" the A& for theChoice of Select-men,and other Town Officers ; and at the fame time, fuch Votes to be given in Writing, and fealed up by the Conftable, by him to be kept and returned unto the pextQnar- ter Seflions, to be held for Paid County, there to be opened and forted .by fuch Chore of as the Court {hall appoint, in Pretence of the Juftices ; and the Perfon having County the Majority of the laid Votes,, {hall'be Treafurer of fuch County for thatYear, Treafurer. and be:Sworn before the Paid Court. And for the due and equal raying .of Monies for defraying of the Charges arifang within each re/pearve County for the necejj'ary Repairs and 4end- Ment of Bridger, Pr fons,. the Maintenance of poor Prifoners, and ,all other groper County Charges : County Char. 3jt io•fartjtc motet bptbe autjolite afogfait, That.wh& and fo oftctt ges how to from time w time as there {hall be need of railing Money for the Ends afore - Lit defrayed. faid in any County, the Juftices in .Q arter iSe(lions for filch County, receiving Information thereof from the County, Treafurer; _thall agree and determine idle whole Sum to be railed, and each refpe&ive Towns Proportiop.of the fame, as. near as niay be according to the Rule for raifing of Money .for the Province Charges, .and .fhall iftue forth their Order unto the Seidl -men of',the refpeetive Towns to afters the fame upon the Inhabitants of fuch! Town,,eaeh one his due and equal Proportion thet'eof according to the Rule before -mentioned, as .near as may be, to be paid in Money, or equivalent thereto ; and to make a diftin& Lill of each Perfon's Name.and Proportion under their Hands ; and fuch Lail commit unto the'Conflalile or Conftables of filch Town, with a Warrant figpc4 by the Town .Clerk, directed ;into the laid Conflable er Conftables to levy and collect the faid Aflbi"sment, of each elle jis,refpe4tive Proportion : And to pay In their faid Colle&ions unto the ,County Treafurer, or his Order, within the time fet for the fame ; And to make IJi(trefs upon every I.erfon neglecting or reftl.• ling to make Payment : And ie default of Goods or Chattels whereon to mare Diftrers, to conitnit the Party to. the common Goal of ,the.coenty instil he make i Payment, or, otherwife be releafed by the Juftices n Quartet Se(lions. And if any, Perfon or Perfons: think .themfel r$ over -rated in any fuch Affelstpept,they ihall'be eafed by the ,,fiche rs, Making the fame ro appear; or,inDefatilt there- 11.46n4of, by the Court of Quartet Seffions. how by fnrtljet' it i .ettactet, Thai all Monies fo colle&ed,1?c improved and to be a liQd. . . imployed for the. Ends 'vkthin mentioned, as,,the Court of Quarter Seflions (ball f rotn time_ to time by their Order in. Writing, dire& and appoint. And. the Cpnety Treafurer in each refpective ounty, !•Tiali account unto the Court of Quarter Seffions,, or •whbn they !hall appoint for ,all ,his• Receipts aeqayrnent, Treafurer ito Accofnpt,. 9 A: ca. • 5. Bounds of Townships to continue as heretofore granted and fettled: And to be run, and Marks renew- ed once in 3 Years under a Penalty • CI- AP. XIII. An Aa for regulating, of Townfliips, Choyce of Town Officers, and letting f•oarth their Power. I. 23 Q it oltaittet ant ettatfcb bp.* enbtt itnttr, Cutting alit' 1 .eptefen= , tifie , in iSrnerat Court atfcntlileb, rata bp tbe21tttljatitp of the fame, • That theBounds of allTownfhips (hall be, and continue as heretofore granted -and fettled refpecively, and (hall be tun betwixt Town and Town,and Marks renewed once in three Years, by two of the Select -men of each Town, 'or any other So Perfons whom the Select -men (hall appoint : The Sele&-men Of the molt ancient T©wn to give Notice unto the Sete& -men of the next ad- jacent Towns, of the Time acid Place of meeting for fuch Perambulation, fix Days before -hand; �n paid of forfeiting Five Pounds by 'the Select -men of any TAT; that foall neglect their Duty in any of 'the Particulars ‘ aforefaid : ,two Thirds thereof unto theUfe of the Poor of fuchTown;. and the other Third unto the SelcEt-men of any of the next adjacent Towns, that fhall inform and fue for the fame, in the Inferiour Court of Pleas within the fame Foun,ity,t2o11)1; recovered by AFtion of Information. Ai .1 11.IL4 iIIl n :II il. ,.I il`114 I4 44 • 21i;no'Rear d U L I E'L M I. et M A R L 1E, Reg& .et R edince,Qti?trto. .1692. ottnn t.p5 anto n OfficcrL. Sant be it (nal* Mrtictcb by tlje tutt;a'itp at GT:cfaft, That each Proprietor of Lands lying unfenced,. or in any common Fi ell, (hall -once in two Years, on fix Days warning before givenhim, by the next Proprietor or Proprietors adjoin- ing, run the Lines, make and keep up the Bounds between them, by fiiflicient met Stones ; on pain that every.Party lb neglect.ingor refuting, fhall forfeit the Sum of ten Sliillrrtgs : one Hall to the Party moving, and the 'other Han' to the Ufe of the Poor of the Town, beirig convented and convicted of fuchNeg- ]e& or Refufal, before any juftice of the Peace within the fame County'; who is hereby impowered to hear and determine.the fame. ' alta• further it . icS enact by the tuti)n'iitp aroldfait, That the Proprie- tors of the undivided or common Lands within each Town and Pectin& in this Province, wheie the fame have been heretofore flared, each ones Proportion -be- ing known; (hall, and'hereby are empowered to order, improve or divide in fuch way and manner as {hall be concluded and agreed up}on by the major Part -of the iinterefled ; the Voices to be colle&ed and accounted according to the "Interefls. Arid the Proprietors of all undivided or common Lands not Rated and propor- tioned asaforelaid,; 'ball, and hereby are impowcred to manage, improve, di- vide or difpofe of the fanie as hath been, or {hall be concltided and acereed on by the major 'Part of fuch Proprietors. That no Cottage or Dwelling -Place in any Town, fhall be admitted to the Privilege of Commonage of Woods,Timber and Herbage, or anyother the Privileges which lie in common in any Town or, pe- g �. culiar, other than fuch as were er e5ed or privileged by the Grant of fuchTown or peculiar before the Year One Thoufand fix Hundred,frxty and one; or that leave been (ince, or fhall hereafter be granted by the Confent of any Town or peculiar, And whereas it has keen a continued Practice and Cuflonz in the fevera! Towns within this Province, annually to choofe SelecI-men or `Town{ nen, for the ordering and managing of the Prudential ,fairs of fuch Town, and other �'ow n Officers s for the executing of other Matters and Things in the Laws appointed by -them to be done and performed: ; I 1St it furtljec olbaineb ani mita by tic 2ttt jotitp af4efaib, That the See Retolod .Freeholders and other Inhabitants of each Town rateable at twenty: Pounds at the End of Eftate, to one fingle Rate betides the Poll ;. {hall ' tome time in the Month of �Qualification .March annually meet and convene together upon. Notice given by the Coultas of Voters in ble or Conflables of fuch Town, or fuch others as the Sele&-men or Townfinen T$'°n•Meec- lballappoint, to give Notice of fuch Meeting, ,and the Time and Place for the 'n s. fame :. And by the major Vote of fuch AfTetnbly, then and there {hall, choofe three,.five, feven or nine Perfons, able and difcreet, of good Converfatien, `in- Scle�t-ricin habiting within fuch .Town,' to be SeleE-men or Townfinen, and Overfeers of Conitabtes & the Poor, where other Perfons fh.all not be particularly chofen to that Office, other Town - (which any Town may do as they (hall find it neceffary and convenient) as alto. officers to be to nominate and choofe a Town Clerk, who (hall be fworn truly to enter, and len un lila hh. record all Town Votes, Orders, Grants and Divifions of Land, made by fuch 27 G. z. ca.5. Town, and Orders made' the Solea -men ; a Commiflioner for Afrefstrients, S A. ca. 2. Conflables,•Surveyors of High -Ways, rt ythingamen, Pence -Viewers, Clerks of oob rundet: the Market, Sealers of Leather, and other ordinary Town Officers. And the oath. . Town Clerk, or two of the Select -men, fhall forthwith. make,and give out unto Abe ConflableorConftables of fuch Town, a Lift of the Names of chafe that ' .fhall be then chofen to the Office of Town -Clerk, Constables, Tithing -men, . . Clerks of the Market, Sealers of Leather, and other Officers, of whom an- Constables to Oath is by Law required. ;• which Conftable or Conflables. within the Space of summon fix Days at furtheft, fhall fummon each of them refpe&ively ' to appear before Town Ofs'icers the Quarter Sefl'Ions, if then Sitting, or one of -the nett Jttttices of the Pewee, to be fworn under a t e to be fworn to the faithful Difcharge of their refpe&ive Offices and Trutt, on natty, Penalty of Twenty Shillings to the Ufe of -the Poor of the,Tov'n, to be paid. by each Constable neglecting of his Duty in that Behalf,upon Convi6 ion there- Perfons ex - of before one Juflice oldie Peace ;. and upon Non-payment, to be levied by empted from Mirth: Provided, That no Perfon in Commiflicn for any Office, Civil or ferving . s Military, Church -Officer , or Member of the Houle of Reprefentatives for the Conitab'. Time Proprietors of Lands un- fenced or in common Fields to ruri the Lines • once in two *Cars. Some inord Lands how td be improved: r 1692; Anne ,R emi G U L I E L M I et M A R I ife,, Re th et R14 u&, Qa rro: 20 rotonthips anD Zouni-Officerz. towns or Se lea -men ha- ving Initru&i- ons to make Orders and By -Laws, &c. Orders and iii -Lays in Towne, to be approtdd by the Quarter Seffions. Penalty,to be levied by Warrant from a Janice Time being, nor any other who. has ferved as Cenilable within the Space of feven Year before, fhall he chofen to the Office of Conflable. .3t to fattier thaw bp tilt tatntjotite ata;cfaiit, That the Freeholders and Inhabitants qualified as in this• A& is mentioned in each ref peftive Town, in any Town -Meeting, orderly warned according to the Ufage in fuck. Town, or the major Part fo affembled, or the Select -men having Inflrustlions given them in Writing by the Town for. that Purpofe •be, and hereby are impower• ed from time to time to make and -agree upon fuch necelrary Rules, Orders and By -Laws for the directing, managing, and ordering the prudential Affairs of fuch Town, as they !hall judge. molt conducing to the Peace, Welfare and good Order thereof ; and to annex Penalties for the Obfervance" of the Attic, not exceeding twenty ,Shillings for one Offence, provided that they be not re- pugnant to the general Laws of the Province: and fuch Orders and By -Laws being prefented unto the. Juflices in Qarter Seflions;and approved of by them,. (hall be eftablithed, 'and binding to all the Inhabitants of fuch Town; and the Penalty for Breach of any of them by any. of .the Inhabitants, to be levied by' Warrant of Diflrefs from any Juf}ice of the Peace before whom fuch Offender (hall be convicted, to the ,Ute of the Poor of flash- Town. ' ,Ilia futtber it -kJ tnacteb lip tlje autjogtp afoxefaib, That the Select -men seleEt.Mer to sir Townfnen chofen as aforefaid,. in each Town refpetlively, be and hereby makeAtia- are in -Towered to aiefs the Inhabitants and others Refident within fuch Town, merit for and the Precincts thereof, and the Lands and Eftates lying within the Bounds County and ' Toti�n- of filch Town, in jun and equal Proportion as near as may be unto the County Charges. Charges, according as they 1hall receive Order from the Court of ,Qtarter Seffions to be held for the fame County; and to al l Town Charges, each parti- Afl'elors or . cular,Perfon according to his known Ability and Eftate, fuch Sum and Sums its Tawn-Clerk 'hath or fhall be ordered, granted and agreed upon from time to time by the In- to make out a habitants in an Town -Meeting regularly affembled • or the major Patrol tho Warrant for y , � re levying the ptefent at fuch Meeting, for the IVlaintenance and Support of the Miniflry, fame. Schools, the Poor, and for the defraying of other necefiar�y Charges arifingwith- ''9 .2. ca, s. Diftrefs to be made on Der ,iinq u encs. Perfons' Ever• rated to be eafed: C onttables to ,fettle & ;flue Ac- Ac- ura-hpwith- in. 5 Months - after the ex- piration of their Year. See Aft relating to. Town • F'ITefi'ments. 9 ea,,. in the faid Town,and thereof to make Mina andper lest Lifts under their. Hands, or the major Part of them; Petting down every ' Perfons Narne,and feve- ral Proportion, and final tlierettpon snake out a Warrant.to be figned, by• the faid Af1'eflors, or the town -Clerk by their Order, (whcs are hereby refpectively• irnpowered thereto) directed unto the Conflable or. Conftables of the £aid Town, for the fpeedy levying and colle&ing, of fuch Af3efsiiients, and to pay. in -the fame unto the Select -men, or to fuch Perfon as they (halI appoint for Receiver, Within the time thereby prefix'd : And to make Diflrefs (spot( all filch who fhall neglect or refute to make Payment : And for Want of Goods or Chattels *hereon to make Diftrefs, to feize the Perfon and Commit 'Ern to the common Goal df the Cotrnty,there to remain tnntil he pay the Sum upon hire aff`efled as afbrefaid trrlfs the .fairtc or .any Part thereof, Lrpo'n Application made urito the Qartet Seflion, fhall be abated. ' And if any Perfon think himfelf oVet- sated ; and take it fo appear unto the Affeflbrs, he Miall be eafed ; and if they . refufe, fuch Perfon aggrieved May -make his Application 'into the JLtffices in Qyuarter Sefiions, who are hereby in -powered to "rectify the' fame i Aiid allCon- ftables having any fuchAffefstnent committed onto theth,fhall fettle and if 'ue their Aecotnpts thereof; With the Seteet-men, or Receiver' appointed by them;within ` three Months after their Time or Year is expired, on Pam of forfeiting the Sum of 'twenty Shillings per Month, for each Months neglect afterward, to tifeUfe of the Poor of fuch Town,. and to be levied by Diflrefs upon' fuch delinquent Conflables Goods by Warrant from one Juffide'of the Peace, being convented a'n'd cbnvi&ed of fuch NegleE before hini, who is hereby thereto impowered. -Provided n'eve'rt1}elef , That every Conflable at the EM of every three Month's fhall pay in as afotefaid; fo Much as he (Nall have collec'te'd within hat time, - idle Perfons .4nb it it further t>1latftt$ the.autijozf0 lifoWafts, That the Select -men & Loiterers to'orOverfeers of thePoor in eachTown (where there are fuch chofen, arid fpecially bt imp}oyed, appointed for that Service) "are hereby unpowered and ordered to take effectual Care •IN • 11 Lei t.I IILI ,. �illl Iuhlu 11 i.1 hili! AnnoRegni d 0 L I E L MI et M A R I .E,Regis et Regina',Quarro. i 6pz itotanibips aithfla D ce n 2r Care that all Children, Youth, and other Perfons of able Body, living within the fatne Town or Precincts thereof (not having E Rates othciwife to maintain themfelves) do not live idly, or mifpend their time in loitering; but that they be brought up or imploycd in fome honeft Calling, which may be profitable onreflidi unto themfelves, and the Publick. And if any Perfon or Perfons fir and able Volabr,ftitic,o to Work, (hall refute fo rodo, but loiter and mifpend his or her time, wander befentto from Place to Place, or otherwife miforder themfelves ; and thereof he convict- I-i,oufe ed before one or more ,juflices of the Peace ; fuch Perfon or Per Eons fhall by o.r c�aof 6. n. fuch Ju(tice or Juflices be fent to the Houfe of Correction, and at their Et: - trance be whipped on the naked Back, by the Mailer of filch Houle, or filch • other as he (hall procure, not exceeding ten Lathes ; and be there kept to hard Labour, until he or the be difcharged by fuch Juftice or Juftices,or the Qitar- . ter Seftions of the'Peace for the fame County. And it flaall and may be lawful Poor Children for tate Overfeers of the Poor, or Select -men in each Town where there are no to be booed other Perfons fpecially chofen and appointed to be Overfeers of the Poor; and 0:2, ApNrenti- they are hereby ordered with the accent of two Juflices of the (peace, to bind Ccs• any poor Children belonging to fuch Town, to be Apprentices, where they (hall fee convenient ; a Man -Child, until he (hall come to the Age of' twenty-one Years, and a Woman -child, to the lige of eighteenYears,,or time of Marriage : which shall ,be as eftedual to all Intents and Purpofes, as if any fuch t_. hild were of full Age, and by indenture of Covenant had bound him or her felt. gab it is furter titan ftp the 4tittlocftp afa�cfaila, That every Perfon and Perfons, (except as in this Act is before excepted) being duly chofen as a- Penalty for ,forefaid, to ferve in the Office of Conflable, who (hall refufe to take theOath not ferving to that Office belonging, and to ferve therein, if he be able in Perfon to execute in the oflice the fame ; (hall pay the Sum of five Pounds, to the Ufe of the Poor of fuch of C onftahle, Town. And if in the Towns of J3oflon o; Salem, the Sum of ten Pounds,and Mall forthwith declare his Acceptance or Refufal, and the Town (hall proceed to a new Choice; and if fuch Perfon refute to pay down his Fine, he Thall l be convened before the next Sefiions of the Peace, to be held for that County in 'Which fuch Town lieth, who upon Certificate under the Hand of the Town Clerk, or two or more of the Select -men, that fuch Perfon was legally chofen to the Office of Conftable, and (hewing no jutt Caufe ro the Seflions ' for his Excufe ; the Juflices fhall order a Warrant to be figned by the Clerk of the Peace, directed to any of the Conflables them in being within filch Town, ro levy the faid Fine by DifIrefs and Sale of fuch Offenders Goods, returning the Over -plus • (if any be) the faid Fine to be delivered unto the Cv erfeers of the Poor, or Select -men to the Ufe of the Poor of fuch Town. -QM brit mattes bp the £tttjjozite af4efaib, That if any Perfon or Perfons come to fojourn or dwell in any Town .within this Province or Pre- ached in ter cinch thereof, and be there received and entertained by the (pace of three Town by the Months, not having been warned by the Conilable, or other Perfon whom the (pace of three Select: -men (hall appoint for that Service, to leave the Place, and the Names Months. and wrned of fuch Perfons, with the tirne of their Abode there, and when fuch Warning our, toabe re• was given them, returned unto the Court of .QCtarter Sefl:ons ; eyery fuch Per-- puted Inhabi- . fon (hall be reputed an Inhabitant of filch Town, or Precincts of the fame; and tants. the proper !.Charge ,of the fame, in cafe through Sicknefs, Lamegefs; .or other- Z �� wife they come to (land in need of Relief, to be born by filch Town ; Linle s car ror 3 rr r3. the Relations of filch poor impotent Perfon, in the Linc or Degree of Father or , , G. ca, r . Grand -Father, -Mother or Grand -Mother, Children or Grand -Children, be of fufficient Ability; then fuch Relations refpectiuely (hall relieve fuch poor Per- :Perfons of A - fon, in fuch Manner as the Juftices of the Peace in. that County where•fuch fuf-.jev their fcicnt Perfons dwell (hall afters ; on' pain that every one failing therein, (hall Poor Rela:- forfeit Twenty Shillings for every Months Neglect; to he levied by Diflrefs cions. and Sale of fuch Offenders -Goods by Warrant from any two fuch Jufiices of the Peace (Ouorunt Unus) within their Limits ; which (]gall be irnployed to the "Ufe and Relief of titch impotent poor Perfon. Provided ncvertheefs, This Act Mall not be underflood of any Perfons committed to Prifon, or lawfully reftrained in any Town, or of fuch as (hall come, or be fent for Nutting or E- ducatiou, • 41 r 692. Anno Rep/ G U L I E L M I et M A R I IE, Regis et Regine,Qtaarto. 2 2 aleigOtzanb eafurem+ ducation, or to any Phyfician or Surgeon to be healed or cured : But the parti- cular Perfons who receive and entertain any filch, fhall be the Town's Security in their Behalf ; and be obliged to relieve and fupport thein in Cafe of Need; upon Complaint made to the Qiarter Seffions, who shall accordingly order the fine: Perfons warn- 21114 it i furtljer enacteb by tlj'e Ciiutfmitp afolefaiD, That any Perfon ed out of orderly warned as aforefaid to depart any Town whereof he 'is not an lnhabi- Town, to de- taht, and neglecting fo to do by the fpace of fourteen Days next afterfuch part in 14. Days or elle Warning given, may by Warrant from the next Juflice of the Peace be fent to be fent by and conveyed from Conftable to Conffable, unto the Town where he properly the Conftable. belongs, or had his Taff Refdences At his own Charge, if able to pay the lame, or otherwife at the Charge of the Town fo fending him. anti further it io enacted bp the auti o ttp afogfaib, That when and fo Conftables to often as there !hall lie Occafion of a Town- meetingfor anyBufinefs of pub - warn Town- • lick Concernment to the Town there to be done ; te Conftable or Conflables 2 meetings. tc . . • of loch Tobin, by order from the Select -men, or major Part of them, or of the Penalty for Town Cleric by their Order, in each refpeciive Town within this Province,fhall ncgle�`t. warn a Meeting of firth Town, having Order for the fame inWtiting ; on Pain that every Conflable neglecting his Duty in that Refpect, and being thereof convicted before one Juffice of the Peace, fhall forfeit the Sum of twenty Shit. /ins, to the Life of the Poor of fach Town, and to be levied by. Diftrefs and Sale of fuch Offenders Goods; by Warrant from fuchJuftice of the Peace,upon neglect or refufal of Payment. And in Cafe the Select -men in anyTown shall Justice to give Warrant unreafonably deny to call a Meeting of the Inhabitants of fuch Tows, upon u for Town- any publick Occafion thereof, the fame being complained of, and made to ap- meeting in pear to one of the next Juftices of the Peace within the fame County ; fuch cafe. Juffice by his Warrant directed to the Conflable or Conftables, may order Meeting of the Inhabitants of filch Town, therein fignifping the Occafion thereof. [ At a Great and General Court or Afentbly of his Majefiy's Province of the Maffachufetts-Bay, begun and held at Bolton, upon `Vednefday the 3oth of May 172 2. The following Refolve was drawn up and paffed on a Para- graph which relates to the Q,italifications of Voters in Town-.lvleetings,in the ACt for regulating of Town/hips and Choice of Town -Officers, made in the . fourth Tear of King WILLIAM and O ween MARY, viz. Whether the Words [rateable at Twenty Pounds Eflate to one fingle Rate befides the Poly are to be .uinderflood as the Qualification of Free'olders, as well as other Inhabi- tants of Towns, &c. Refalved in the ,emotive, and that the Law ought fo to be underfiood. C I -i A P. XIV AilAft for due Regulation of Weights and Meafures. TO the End that Weights and Meafures may be one and the fame throughout this their Majefiies Province : Standard of 13C it ttlacicb anb oFltainecb bp tr, eldh'obcrrtour, Council anb iiteprtfenta: Winehefler ttbc0 in General Court affeulbieb, anb by tlje 2utljolitp of the fame, That the Brafs .and Copper Weights and Meafures formerly fent out of England, with Certificate out of their Majeflies Exchequer to be approved Winchefler Meafure according to the Standard in the Exchequer ; be the publick al- lowed Standard throughout this their Majefties Province for the proving and foaling all Weights and Meafures thereby.. And the Conflables of every Town throughout this Province, not already fupplied, fhall within three Months next corning, provide upon the 'Towns Charge, one Bufhel, .one half Bufhel, one Peck, one half Peck ; one Ale Quart, one 'Vine Pint and half Meafure. 12 W. ca. 11. q. 1. ca. 2. 4&5 G.2 ca.6. z. ca. 3. r7G.a ca. 7. Conftables to provide Stan- dards. • iV ii,l mY�IIM1LiY i d kiln, 7:47,411661�tdl lSL�llil�lllli lrillld�I OIW ��ui�rlYY r ..t A11110 Regal G UL I E L Mt et M A R , Regis et Regina?, Qfrarto. 1691 jt erp half Pint ; one Ell, one Yard ; one Sett of Brats Weights, to four Pounds,after fixteen Ounces to the Pound, with fit Scales, and Steel Beam, cried and proved by the aforefaid Standard, and fealed by the Treafhrer, or his Deputy in his Pretence, (which !hall be kept and ufed only for Standards in the feveral Towns) who is hereby authorized to do the fame ; for which he fhall receive from the Conflables of each Town, two Pence for every Weight and Meafure fo tried and proved and fealed. And theConflables of every Town (hall com- mit thofe Weights and Meafures unto the Cuftocly of the Select -men of their Towns, for the time being, who with the Conflables are hereby enjoined to choofe one able Man for Sealer of all Weights and Meafures for thein Town from time to time, and till another be chbfe, who Than be prefented unto rhe next Court of Seflions, and there fworn to the faithful Difcharge of his Duty : And fhall have Power to fend forth his Warrants by the Conflable to all the Inhabitants of filch Town, to bring in all fuch Weights and Meafures as they make ufe of, in the Month of April,from Year toYear, at fuch Time and Place as he (hall appoint, and make return to the Sealer in Writing of all Perfons fo fiirnmoned. That then and there all fuch Weights and Meafures may be proved and fealed with the Town Seal (which is likewife to be provided by theConfia- bles at each .Towns Charge) who shall have for every Weight and Meafure fo fealed, one Penny from the Owner thereof at the firth fealing. And all fuch Weights and Meafures as cannot be brought to their jun Standard, he [hall de- face and deftroy. And after the Ern fealing, [hall have nothing, fo long as they continue jun with the Standard. klub $t ;`Ji furtlj°r enacteb by tlje ClutOogtp aftolefaln, That if any Confla- ble, Select -man or Sealer, do not duly execute this Law fo far as to each and every of them appertains, they and each of thein (hall forfeit to their Maier -lies for every filch Negleel,by the Space of one Month, the Sum of forty Shillings, towards the Support of their Government here.. And every crfon neglec`ling to bring in their Weights and Meafures at the Time and Place appointed, being duly warned thereto, (hall likewife forfeit three Shillings and four Pence ; the one Half whereof to be to their Majefties•as aforefaid, the otherHalf to the Sealer aforefitid. And the Penalty herein mentioned, to be levied by,Diffrefs by Warrant from any Junice of the Peace. orta it io flitter ettacteb bp tije auto ogrp afolefaib, That its every Sea- port !'own within this Province, the Conftable or Conflables are to provide up- on the Town's Charge, one Hundred Weight, one half Hundred, one Quarter of an Hundred, and one fourteen Pounds Weight made of Iron, to be tried, proved and fealed as aforefaid, and be kept ,as Standards in the Paid levet-al '.Towns, to be ufed as before for other Weights and Meafures is directed. 0 CHAR XV. An A& for the Regulating and Encouragement of FiChery. PON Con fderation of great Damage and Scandal that hath happened 4,17 �:1tr ca.;. upon the .Account of pickled Fifh,although afterwards dried and hardly 4.0. ca. ;. difcovera[le ; to the great Loft of many, and alfo an ill Reputation of this Province, and the Fifbery of it : 5e it tfbevefole matte by tile Cjobevnluv, Cauncii nub 1tteptefentatibeo; tonbtneb fit Omura! Conte »lifembly, anti itiO tnattea by tjc sautbo;itpF �:j dry Fif}t of tljc fame, That no Perfon or Perfons whatfoever, after the Publication !bail be favect, hereof, (hall fave or fall any Sort of Fifh (that is intended to be dried) inCafk or Faits, or any other Way than what hath formerly and honeflly been prac`tifed for the rnakingbf dry Fifh.; on Penalty of forfeiting all fuck Fifh fo fatted and pickled, whether it be green or dry : the one Moiety thereof to the Ufe of rhe Poor of the Town where the Offence is committed, and the other Moiety ro the Perfon that [!tall file for the fame. P (.10 ,s2 3 Sealer of Weights and 1\4ealures, how to be chorea. To grant out \,\'atrail t: for Seal,ng of We and and iVlealures in 11,6,1! yearly. Fe;. Penalty for i\' cglc:U. Penalty far ,1VIen �r Sct.alers 11t'gieu. 'eaairy for not Hinging in Weights when warned Sea Pert Tons to be provided of great Weights. • 1692. 2+ 1 lr l.L ,. •�., 1�11r1 to be fal:ed up before the ftril- of 711/4 Repealed. 4&sIF. &j,7 ca. 20. Re en3ated. rZ.ca 5. Penalty for taking Mack re? in Nets or Scans. Preamble. Arno Regi;i GUM. LM etMAR I.E,Retiis etReginee,Quarto. -fieg"nate to *Wm. tr .r if7 tttrtlict' enaEteo lip tljc Uttte?ajtp Qfotefatth, that henceforth no Mackrel fhal l be caught. (except for (pending whilft frefh) before the firft Day of 'rrly annually : And no Perfon or Perfons whatfoever after the Publication hereof, shall at any Time or Place within this Province,take, hill,'orhale afhore any Mackrel, with any Sorts of Nets, or Seans whatfoever; on Penalty of for- feiting all (itch Mackrel fo taken or haled afhore, and alto all fuch Nets and Seans which were fo employed : the one Half thereof to their Majcflres, to- ward the Support of this their Government, and the otherHalf to hirn or them that fhail inform and fticfor the fame. And all juilices are hereby impowered and required to grant their Warrants for the feizing of ,the fame, and the afore- ,faid Forfeitures, or thc receiving of the like Value in currant Money of this Province, • CHAP. XVI. An A& requiring the taking the Oaths appointed , to be taken initeal of the Oaths of Allegiance and Supremacy. 7d E R E ..4 S their Royal Ma jellies in and by their Charter for the eretling and incorporating of their Province of. the Maffaehufetts- Bay in New -England, have granted and ordained, that the. Gover- nour, -or Lieutenant or Deputy Governour of their faid Province or Territory, for the Time being, or either of them, or any two or more of the Council or ,Aliflants for the Time being, as _ball be thereunto appointed by the faid Governour ; /ball and may at all Times, and from Time to Time, have full Power and Authority to admini/ler and give the Oaths appointed by an .Ail of Parliament made in the firfl rear of their prefentMajefliesReign,(entituled An A& for the abrogating of the Oaths of' Allegiance and Supremacy and ap- pointing other Oaths) to be taken in Stead of the Oaths of Allegiance and Su- premacy ; to all and every Peron and Perfons which are now inhabitin5 or refiling within the faid Province or Territory ; or which _hall at any Ttm72' or Timnes hereafter go or pats thither : Now to the Intent that there be no Failure herein, but that their Majeflies Subje&s within this their Province, may accordingly recognize their Duty and Allegiance : All Male Per- I& it mato ant oo; ainn h? 191sigeireitcp the eobetnoti , Council nab fons of T 1Reprefclttatioe3, in cSzrteraf Court aQentblet, anb lip. tje2ttttijoflp of trywar Yearsds and tauke p- faint/ That the Oaths in the faid AEI mentioned, and thereby appointed to be the Oaths. taken in Stead of' the Oaths of A llcgiance and Supremacy, and each of them, be and !hall be forthwith adminiflred and given unto all Male Perfons of the Age of eighteen Years, or above, inhabiting or rcfiding in any Town or Place within this Province (that have not already taken the fame, and fhall make it fo to ap•• pear) by his Excellency thc Governour, or the Lieutenant or Deputy Gover- nour, .or any two or more of the Council or Afliflants, or filch others as fhal,1 be thereunto appointed by the, Governour ; and the Lift of the Names of all Perfons fo Sworn to be returned into the Secretary's Office. , 4?nb he it fttrtljct• eltateb In! tt c iuttynirp afaicfaib, That if any Perfon or Perfons fhall refufe to take the faid Oaths, or either of them, when tendered to him or thein by any Perfons lawfully authorized as is aforefaid to adminifler or tender the fame ; the Perfon or Perfons fo tendering the faid Oaths, or ei- ther of them, {hall commit the faid Perfon and Perfon, fo refuting, to the com- mon Goal, or Houle of Corre&ion; there to remain without Bail orMainprizc, for the Space of three Months ; unlefs fuch Offender shall pay down to the laid Perfon or Perfons fo tendering the faid Oaths, or either of thein,fuch Sunt of Money, not exceeding forty Shillings ; as the faid Perfon or Perfons fo ten- derin; the laid Oaths, or tither of them, {hall require fuch Offender to pay for his Additional A `t 6 G. ca. 4. Penalty for refuting - IJ • • I • .. 11,1 I,n 11..lI.1L, l• b.:• Ai:tzo Regui G U L I EL IMI et MAR I .E,.T�egii et Regine,Qparto. 1692. form of Oatbg. his Paid Refufal ; which Money fhall be paid to the SeleE-men,or Overfeersof the Poor of the Town, or Place where filch Offender did Taft inhabit. And unlefs every fuch Offender, 'hall al fo become bound with two fufficient Sureties, with Condition to be of the good Behaviour ; and alfo to appear at the next General Quarter Seffions of the Peace,to be held for the farneCounty, where fuchOf 'end'eredoth inhabit or refile : At whichCourt of Quarter Sefrions, the Paid Oaths (hall be again tendered to every fuch Offender by. the Juflices of the faid Court in open Seflions, And if the faid Offender (hall refute to take the faid.Oaths, or either of them, when tendered to him by the faid Jiiflices in open Sefl'ions as is aforefaid ; the faid Juftices tendering the faid Oaths, !hall. commit the faid Perfon and Perfons Co refufing,'to the common Goal,orFloufe of CorreEion, there to remain for the Space of fix Months, unlefs every filch Offender shall pay down to the Juftices fo tendering the faid Oaths, fuch Sunt of Money, not exceeding ten Pounds, nor under five Pounds, as the faid Jufli- ces fhall require fuch Offender to pay for his fecond Refufal : the faid Money to be difpofed of in Manner aforefaid ; and unlefs every filch Offender (hall likewife become bound with two fufficient Sureties with. Condition to be of the good Behaviour; until he or they do take the faid_Oaths. And whereas there are certain Perfons Tubo fcruple the taking of any Oath : 715e it mob itpl tje autljolitp afolefaib, That every fuch Perfon (hall make and fubfcribe the Declaration of Fidelity following, viz. A. B. do fincerely proms¢ and folemnly declare beforeGOV and the World, Declaration that I will be true and faithful to Icing WILLIAM and Queen MARY : of Fidelity. And I do folemnly profefs and declare, that I front my Heart, abhor, detefl, and renounce as impious and heretical, that damnable l.)ot`lrine and Pofition, that Princes excommunicated or deprived by the Pope,or any .Authority of. the See of Rome ; may be depofed or murdered by their -Subjects, or any other whatfoever :.And I do declare, that no foreign Prince,Perfon,Prelate, State or Potentate, hpth or ought to have anyPower,7urifdietion, Superiority, Pre-eminence or Authority, ecclefiaflical- or fpiritual, within the Realm of England, or any of their Majeflies Dominions. 25 Penalty for fecond refu- fal. CHAP„ XVII. An At for the eiablifhing of Formas, of . Oaths. it betlartb nab enacteb hp the doternour, council nub 1reprefen: tatibeo,in Omani Court aitetntiteb,anb bp tbeatttbocttp of the faire, That the feveral Forms of Oaths here under-written,be and are hereby eflablifhed : To be given and adminiflred unto the refpedive Officers for whom they are appointed : As fol/owett OU .A. B. being chofen and admitted of' their Majeflies Council within this their Province, do fwear by the ever -living GOD, That you will to the; belt of your Judgment at all Times, freely give your Advice to the Gover- nour, for the good Management of the publick Affairs of this Government; and that you will not direEtly nor indirectly reveal fuch Matters as (hall be debat- ed in Council,and committed to your Secrecy. But will in allThings be a true and faithful Councellor when you are thereunto required. So help you GOD. V OU .A. B. do fwear, That as Juftice of the Peace in the County of S. ac- lutliceof the 1cording to the Cornmifiion given you ; You (hall difpenfe Juflice equally peace oath. and impartially in all Cafes ; and do equal Right to the Poor and to the Rich, after your Cunning Wit and Power, and according to Law. And you fhall not be of Council in any Quarrel that (hall come before you : You 'hall not let for Gift or other Cattle. But well and truly you fhall do your Office of 'suffice of the Peace in that Behalf, taking only appointed Fees. And you Juflrces of shall not dire& or caufe to be dire&ed any Warrant (by you to be made) to the Sure -tour & Parties ; but you (hall dire& your Warrant to the Sheriff, his Under -Sheriff or Coe rrs oath. D 2 Deputy, to I; . ca, 14, ro w. a. r4. !.3 iy, ca. 17. 7G.ca. T. 4G. 2. ca. 1. Councellors. Oath. 'k 1 .fliluoRcg niG U L I E L M 1 et M A R.I 1E, Regis et Rcgilioc,Qtarto. i 692. 2 6 f oznu5 of 04 5. 5. Deputy, Conflablc, 'Fything-men, or other Officers, proper for the Execution of the fame in the County, And this you Shall do without Favour or Rcfpc t to Perfons, So help you GOD,. • OU (wear, That you will well and truly fcrve the King and Queen's Ma - Sherif!' or jetties, in the Office of the Sheriff of the (aunty of S. and da the Kin oath, h, Ac and (i.iccn's Profit in all Things that belonged) td you to do byWayof our Oath,1llutatis Q,� }' y rsutatidis. Office, as far forth as' you can or may ; you !hall truly keep the King and Queen's Rights, and all that belongs to the (.'rown : you Shall not rcfpitc the King and Qicen's Debts for any Gift or Favour, where you may mile them without great Grievance of the Debtors ; you fha!1 truly and uprightly treat the People of your Shcaffwick, and do Right as well to Poor as to Richin all that belonged' to your Office : You (hall do no Wrong to any Man, for any Gift or other Beheft'or Promile of Goods, for Favour nor Hate ; you !hall difturb no .Man's Right : You (hall truly acquit at the Trcafury, all tho(c of whorl you Shall any Thing receive of their Majeflics D=ebts ; you fhall nothing take whereby their Majc(ties may lofe, or whereby the Right may be lettcd or diflurbed, or their Maje(ties delayed ; you !hall truly return, and truly Serve all their lYlajcllics Writs, as far forth as Shall be to your Cunning ; you (hall take no Bailiff into your Service, but Such as your fhall anfwcr for, and of true and fufficient Men in the County, and (hall cattle each of your Bailiffs, to rnal.e filch Oath as you snake your felf, in that belonged' to their Occupation. And over this, in efchewing and relraint of the Man-flaughters,Robberics, and Other manifold grievous Offences that be done daily. All thc(e Things you Shall truly ob(erve and keep. So help you GOD. OU as Foreman of thisInqueft for theBody of thisCounty of S. You Shall di- ligently enquire, and a truerefentment make ofall fiichMatters,andThings as {hall be given you inCharge ; thcKing and Queen's Majcflies. Counfel, your Fellows and your own, you fhall keep Secret ; you (hall prefers no Man for Envy, .Batted or Malice ; neither !hall you leave, any Man unprefented for Love, Fear, Favour or Afle&ion,or Hope of Reward : But you [hall prefent Things truly as they come to your Knowledge, according to the bell of your Underflanding. So help you GOD. Grand Jurors Oath. Petit Jurors Oath. Jurors Oath in civilCaufes, To%'*;n Clerk's Oath'. Oath of Lea- ther Sealer. Clerk of the Market. Cul- ler of Fifh, Packer, Ga- ger, Mutatis nu Landis, Constables Oath. THE fame Oath which your Foreman hath taken on his Part, you and every of you on your Behalf Shall well and truly obferve and keep. So help you GOD. ' you Shall well and truly try, and true Deliverance make between our So- vereign Lord and Lady the King and Queen, and the Prifoners at the Bar, whom you fhall have inCharge according to yourEvidence. So you belpGOD. VOU fwear, That in all Caufes betwixt Darty and Party that Shall be com- mitted unto you : You will give a true Verdi& therein according to Law, and the Evidence given you. So help you GOD. you fwear, Tliat in the Office of Town -Clerk within the Town of T.' whereto you are chofen: You will .diligently and. faithfully attend and difcharge the Duty of your Place, and duly obferve the DireElions of the Law in all Things whereto your Office hath Relation, and thereby committed to your Care and Trull. So help you GOD. yOU fwear, That you will from tithe to time diligently and faithfully Dif charge and Execute the Office of -within the Limits whereto you are appointed for the dressing Year, and until'another be chofen 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. W HEREAS you 4. B. are chofen Conftable within the Town of C. for one Year now following, and until other be chofen and Sworn in your Place : You do fwear, That you will carefully intend the Prefervation of the Peace, the difcovery and preventing all Attemps againft the fame : That you will An. no Regni GULIELMI et MA. RIJE,.Rtgis et Re:g.iike, Quarto. 1692. tegiktatingof -feet. 2 7 will duly execute allWarrants which than be fent unto you from lawful Authority; and faithfully attend all (itch DireEions 111 the Laws and Orders of Court, as are, or 'ball be committed to your Care. That you will. faithfully and with what fpecd you can, colic& and levy all fuck Fines, Diftre(les, Rates, Afrefsments and Suuzs'of Money, for which you. Ihali have fhf3icicnt Warrants according to Law rendering an Account thereof, anti paying in the fame according to the Dire&ion In your Warrant. And with like Faiihfulnefs, Speed and 'Diligence, will Verve all Writs, Executions and Diflreffes in private Caufes betwixt Party anti Party, and make Returns thereof duly into the fame Court, where they arc returnable. And in all thcfe Things you shall deal ferioufly, and faithfully, whilfl you fhall be in Office, without any finifter Refpcets of Favour or Difpleafurc. So help you GOD. C 11 A.P. XVIII, An A& for regulating Fees. it cnatteb nnb ofbaineb by try (obernaur, Council ant) 3tepre(ettta: ticO, unbelief its d3ciicnt (Lona or Zit eutblp, anti it i5 fjerelip eltcttteb atm o innef by the £utbegtp of rfje fame, That the Eflablifhmcnt of the Fees belonging to the leveral Offices in this Province ; be as followed). • 3uficc0 get , OR every Attachment or Summons for Actions not exceeding forty Shillings, fix fence. Sub ,Wena, each Witnefs, two Pence. Entring the Aelion, three Shillings, Every Execution, two Shillings. Filing Papers, each Paper, two Pence, Every Warrant for Criminals, -one Shilling. Bond for Appeal, one Shilling. Copy of Evidences, the leaft fix Pence. Copy of a Judgment, fix fence, Every Recognizance, two Shillings. Coddling Judgment, one Shilling. Affidavit out of Court, one Shilling, Each Days Attendance at the Seffions, to be paid out of the Fines, four Shillings. Acknowledging of a Deed or Mortgage, or any other lnftrument, two Shillings. Qro1onet0 ,Tees, FOR taking every Inquifition, to be paid out of the Eftate of .A'the Deceafed, thirteen Shillings and Four Pence. 11. 00 If no Eftate, then to be paid by the County Treafurer, fix Shillings and eight Pence, ee fog Probate of iii , granting gaminiueation , &e. FOR granting Adminiflration, Bond and Letter of Admini- ftration under the Seal of the Office, if the Inventory amount to thirty Pounds or upwards, to the Judge, four Shillings, to the Regifler three Shillings fix Pence. If the Inventory be under thirty Pounds, five Shrllings, Probate of a Will where the Inventory amounts to thirty Pounds or upwards ; to the Judge three Shillings and fix Pence, to the Regifter, two Shillings and fix Pence. If under thirty Pounds, four Shillings, 1e s. d. 00 00 o6 00 00 02 See 00 03 00 A& impow- 00 02 00 ring Janice! co decide Dif- 00 00 02 fere !Ices not 00 OI 00 exceeding 00 0I 00 forty Shilling, 00 00 06 9 W. ca. z. 00 00 o6 00 02 00 00 OI 00 00 OI 00 00 04 00 00 02 00 d. 13 04 tzTYea. 6. 00 o6 o$ 00 07 o6 cb 05 OD 00 o6 00 CO 04 0 0 Recording r 692. ,Ano Regni G U L I E L M I et MARI.1E, Regis et Reginc,Qiarto. ‘2 8 I.egutattng of feel. Additionat AEt. j G. ca. 5e 3. G. ca, 6. Recording a Will or Inventory of one Page, and fling the fame, two Shillings and fix Pence. 00 02 o6 If more, each Page of twenty-eight Lines eight Words in a Line, one Shilling. 00 0I 00 For a Copy of a Will or Inventory, twelve Pence a Page, Page to contain as aforefaid. S 00 Of 00 each Pg Allowing Accompts, fettling and dividing of Inteilate Elates, Five Shillings. O0 Every Citation, one'Shilling. • 00 Every Quietus four Shillings. 00 Warrant for Apprizement, two Shillings. : J 00 Making out a Commiffion to receive and examine the Claims of Creditors to infolvent Eftates and regitlring of the fame, Three Shillings. 00 03 00 Rcgiffriing of the Commiffioncrs Report after the Rate of one Shilling per Page, a to be accounted as aforefaid. Forentring an Order upon the Adminif}rator to pay out the Mate in Proportion unto the feveral Creditors returned by the Comniifl'ioners, one Shilling and fix Pence.00 01 o6 ectetatio Seel . VOR engrofling the A&s or Laws of the General Aflembly, Tenn Shillings each, to be paidout of the publick Revenue, 5 00 10 00 Every Commiffion for the Juflices of each County, and Commiffion of Oyer and Terminer, ten Shillings, ro be paid out of the publick Revenue. 00 I0 00 Every Commiffion for a Military Officer, three Shillings, of thepublick Revenue. oo03 00 to be paid out Special Warrant or Mittinius by Order of the Governour and Council, each two Shillings and fix Pence. 5 00 02 o6 Every Commiffion under the great Seal, for Places • of Profit, ten Shillings. Every Bond, two Shillings. Every Order of Council to the Benefit of particular Perfons, 2 two Shillings and ix Pence. Y' S 00 02 o6 Ever Petition to the Governour and Council or General Afembly, according to the Import, from two - Shillings and fix Pence to ten Shillings. A Pafs or Sea Brief, three Shillings. A Bill of Health, three Shillings. Every Writ for eluting{ of Affembly-Men, diretted to the Sheriffor Marfhal, under the Province -Seal, five - Shillings, to be paid out of the publickRevenue. 00 05 00 For tranfcribing the A&s or Laws, paired by the General - Affembly into a Book, twelve Pence a Page, each Pige to contain twenty eight Lines, eight Words in a Lane, and fo proportionably ; to be paid out of the Publick Revenue. In the Superiour Court. 3ultue0 jTeeo+ 05' 01 04 02 00 00 00 00 00 OI 00 00 I0 00 00 02 00 air 00 03 00 00 03 00 M'I'RY of every A&ion for Trial, twelve Shillings. 1 ' 1 Out of' which the Clerk, two Shillings. Taking every fpecial Bail, two Shillings. Allowing of a Writ of Error, three Shillings, Allowing a Habeus Corpus, two Shillings. Confeiiing Judgment, two Shillings.. • • J 111` n4 .11 00 I2 00 00 02 00 00 02 00 00 03 00 00 02 do 00 02 00 Acknowledging 4 11111 1 , 11111 d iY.6111;111;�411;1114.1'IJi lil { • .innoRegni G'ULI ELMI et MARI-IE,Regis i.egutattng of _ fes• Acknowledging SatisfaEion of a Judgment onRecord, one Shilling, In all criminal Cafes where a Fine is let, fix Shillings, Taxing every 13111 of Colt, one Shilling. QLftrit5 ,IMM + VERY Writ and the Seal, one Shilling and fix Pence. Every Rule of Court, fix Pence. Filing every Declaration, one Shilling. Z o theJury tobc paid down by thePlaintiff, fixShillings fxPence. Entring Appearance fix Pence. Signing a Judgment by Default, one Shilling. Taking every Verdi& and recording it, one Shilling. Copies of all Records, twelve Pencb a Page, ekh Page containing twenty eight Lines, eight Words in a Line. 3 00 Leis than one Page, one Shilling. 00 Every AEtion withdrawn or Non -Suit, one Shilling. 00 Every Petition read, one Shilling. 00 Order thereon, one Shilling. 00 Filing the Records of each A&ion, two Pence a Paper. 00 Every Execution, two Shillings. 00 In Criminal Cafes. T\RAVING and ingroffing every Indictment or Information, ? two Shillings. Every Appearance, fix Pence. For the Difcharge of any Perfon 'upon Bail for the Peace, good Behaviour, Contempt and the like, and Warrant thereon, one Shilling. For awarding and making forth Procefs again(' the Defendant on Information, one Shilling. Every Warrant for the Peace or good Behaviour, ane Shilling. 00 01 o0 In the Infetiour Court. 3iufticcEI JTcco. et Regine,Qtarto. 1692. 29 00 00 00 00 00 00 c. 00 00 00 O f '00 o6 00 O I od 0I o6 00 o6 o 00 3 G. r�6 of 00 o6 O 1 00 LI 00 Of O 1 O I oI oI 00 02 00 00 00 00 00 02 00 00 02 00 00 00 o6 00 01 00 00 OI 00 ENTRY of every Action, ten Shillings. 00 Of which the Clerk is to have, two Shillings. 00 Taking fpecial Bail, two Sh :llings. Se Of which the o0 Confeffing Judgment, one Shilling. 5 Z Clerk one carter, 00 Acknowledging Satisfaction of Judgment on Record,one Shilling. oo Taxing every Bill of-Coft, one Shilling,o0 whereof fix Pence ro the Clerk, 5 00 To theJury to be paid down by the Plaintifl;SixShillingsfixPence. 00 CRS JTccM+ -ukOR every Writ and Seal, one Shilling. sir Entring Appearance, fix Pence, Entring and Recording the Verdi&, one Shilling. Making up the Record, one Shilling. Copies of all Records, twelve Pence each Page, as before. Every Action withdrawn or Non-fitit,. one Shilling. Every Execution, two Shillings. Ca,JcUt of .the %effigno of peace bid %ren. . -NTR.ING Complaint or Indictment; two Shillings. ' Difchargc of a Recognizance, one Shilling. Making forth Procefs againft Criminals, one Shilling. Every Summons, three Pence. 00 00 00 00 00 00 00 I0 02 02 Of OI oI 00 o6 00 00 00 00 Oo o0 o6 o6 Of 00 00 o6 Of 00 .01 00 Of 00 Of 00 02 00 00 02 00 00 OI co 00 Of 00 00 00 0; Every ca. ca. 5. 1692. ,Ano Regni G U L I E L M I et M A R I.TE, Regis et Regirte,Quarro. .evverentaMite%. 30 61P. & ca. 3. • Every Warrant for the Peace, or good Behaviour,one Shilliiigl 00 OI 00 Every Licence for Houses of publick Entertainment 1 or Retailing, fourShillings. 00 04 00 two 00 02 00 Whereof to the Clerk. heriff, 01 iarEbal0 siree0 t ox c onflabieo. OR ferving every Summons for Trial, one Shilling. Every Capias or Attachment, two Shillings. and if above one Mile, three Pence per Mile betides : Bail Bond, one Shilling. Levying Execution, for the firif twenty Pounds or under, one Shilling per Pound ; above that, not exceeding forty Pounds, fix Pence per Pound. Above forty I'oundsers�Qencdeedi�ootr whfoever it exceedsHundred Pounds, - three Pence p one Hundred Pound, two Pence per Pound, betides four Pence per Mile for travel Home. Every Trial, one Shilling. . Every Precept for choofing of Reprefentatives,two Shillings, to be paid out of the County Affefsment. Cuero SFeem. OR calling of -the jury, fix Pence, Every Non -Suit, twelve Pence„ ry V erdi;`t, twelve Pence: Ev 6oaier j'ee« OR turning of the Key upon every Prifoner committed :a.FiveShillrri s,viz. Commitment zs. 6d.Difchar e zs.6d. 00 05 00 For Diet for each i"rifoner two Shillings and fix Pence " 00 0.. o6 per Week, and fo proportionable,he finding the fame. Penalty for titiJ be it further mitt' lip the Autbolftp afotef nib, Thar whr other Fees than at Officer before - taking excef- five Fees, foever (hall alk, demand and take any greater athem, and be thereof duly convia- mentioned. for theMatters aforefaid ory ed in any Court of Record within this Province, (hall forfeit -and pay the Sum of Tett Pounds currant Money ; :one Moiety whereof to bee', ntors, four ur Sovereigds n Lord and Lady, the King and �ieen,their HI rovineirs tce, and the contingent Char - the Support of the Government of this shei Char- ges thereof ; and the other Moiety unto thc Informer, oPhi m m that rail ue erfor the fame in any Court of Record fhall; wherein further to o tlntog he Party grieved, double Law shall be allowed. excefl-iveFeend fo taken, pay the - alue of 00 0I 00 00 02 00 00 01 00 00 0I 00 00 02 00 00 00 00 00 01 Oi of; r 00 00 Preamble, CHAP. XIX. An A& for afeertaining the Number, and regulating the Hanle of Reprefentatives. HEREAS theirivlajeflies have been gracioufly pleated by the R yt ©l �r/ CHARTER, to grant .Power unto the Great and General Affembly of their Province of the Maifachufetts-Bay ; from time b time to direst, appoint, and declare what 1Vumber of .Reprefentativeseat them County, Town or Place ,ball elec.?and depute, to ferve for reprefent refpefively, in the Jaid Afembly I II I IIFI .. I u J 4nno Regni GULJELMI et MAR III, Regis c -t Regime, ttzrto. i<��. .eprefentatt` es. I16ie .ic •tljerefei .e-,ellatte��.t:ab _DP:ialtet . p Jjt£ , i5tclttYnc tie CUOi�cC110111', douncil anti..3itcpurfentat(tio noW in antral CotiCt affnntitcb, anti lav ibe quttozitp: of try fatiae, That, henceforth every Town within this Province con(iffing of the Number of' forty Freeholders, and other Inhabitants qualified by.Charter to Elea, (hall and hereby are injoined to choofe and fend one Free- holder as. their. Representative ; and every Town confiffing of the Number of one Hundred, and twenty Freeholders and other Inhabitants, qualified as afore- faid, or upwards,. may fend two fuch Reprefentatives ; and each Town of the 4 G. 2 ca. ;. Number of thirty Freeholders; and other Inhabitants qualified as aforefaid, or 1 oi; :is con- fir of upwards,. under forty, arc at Liberty to fend One or not ; but may choofe and o,}e hundred fend one Reprefentative, if.they think fit, to terve for and reprefent thein re- and twenty fpdtivcly in every,Seflion of,the Great and General Court or Asi'embly from Families or time to time. award; ma And all Towns under thirty Freeholders, may fend one to re- f od two Rim y prefent them, or..join, wjth the, n,exr Town in .the Choice of their Reprefenra- prefentativ es. trues, they paying a proportionable Part of the Charge. And no Town, (hall Boflon four, at any time fend more than two Reprefentatives, except Bofion, who are here- by granted to choofe and fend Four. 2.in be t ft, furti er enwtebiiip tije 2tttljOtp aro;cflib,, That when and fo of. writs for ten as His Excellency, the. Governour shall fee Caufe to convene and hold a calling a Ge - Great and,General Court or Afl'einbly, Writs fhall ifl^iie out from the Secretary's neral Afieni• Office under the Seal of the Province, and (igg ned by overnour, the 'Gthirty b1y Daytos ifibefeore. 30 Days at leaf}, before the Time appointed for fuch Affernbly's Meeting, direaed unto the Sheriffs of the feveral Counties. And where there is 'no Sheriff in any County or Place, there to be dire&ed to the Marshal, commanding each of them refpeaively to fend his Precepts to the Selea-Men of the feveral and refpeaive Towns within, fuch County, to affemble and. call together the Freeholders and other Inhabitants qualified as aforefaid, to choofe and cleft one or more Free- holders, as the_ Number in each Town, is more or lefs, as above, to ferve for and SeleEt-Men rFepr.efent thein in. fuch Great and General Court or Afl'etnbly The major Part to regulate of the Selea-Men in each Town refpeaively, to be preterit at fuch Meeting, the Meeting. and to giveDireaions for the regular and orderly carrying on of the fame : Who are to return the Paid Precept with, thc Names of fuch as fhall be chosen by the major Part of the. Eleaors prefent at filth Meeting, under their Hands unto the reipedtive Sheriffs orMarfhals, by them.to be returned into the Secretary's Office, one D.ay, at the leaf} before the Time prefixed for the Paid Court or Afl'embly's fitting. £1nD, ft 1 , further cnaxteb, lip tfjc ittj o4.Itp afo�Qfct b, That the Reprefen- House of Re- tativ es afl'embled hotly Great and General Court, shall be the fole Judges of judg stof bs rile Eleaions and lualifications of their awn ?vlembers ; and may from time to leffions, Effe time fettle, order and purge their Houle, and rn:ike fuch nece(Try Orders for the due Regulation thereof; as they (hall fee Occasion. And forty Reprefen- 4o Reprefen- tatives t.an time fo aliemblecl, (hall be accounted a Number iuf icient to con- taches conlli- ffitute a House, pass Bills, and to tranfaa and do anyBufnefs proper'to be done tute a Houle. in that House; and fuch Alts to be effeemed valid and of Effdt. Anti he it Curtin); tam -tett bp try 2ufljoriry aUcneftafti, That each Town re- Reprefenta- fpeaively. (hall pay, unto their feveral Reprefentatives, during their Attendance rives Allow - on the Court, and' for the neceffary time expended in their journeying to and lnce.enlarg'd. f', from thence; three Shillings in Money per Diem, within one Month next after ' the End of each S,eflion commencing from his Excellency's Arrival, glib it l ftirrtjer enactcD bp ttje .dirt ;��itn aforefasl, That every Perfon Penalty For chofen to ferve for, and reprefent any Town in the General AtTembly, and ac- Non nttea- cepting thereof, (hall give his constant Attendance, during their Seflions, on Pain dance. of forfeiting the Sum of Five Shillings per Dien for his Ncglea ; (without just excufe made and allowed of by the Houle of Reprefentatives) to be paid i 14 S 111• unto the Clerk of the Paid House, and is to be difpofed of and employed'as the `a' 't' House fhall dirc5t ; and inDefault of Payment to be levied byDiflrefs upon filch Delinquents Goods, by Warrant from the said Cleric., by Order of the House, I'ot ro de direaed to the Sheriffof the County, his Under -Sheriff or Deputy, or Conftablc a;�houcl.eav^�r- : of the Town where fuch Representative dwells : And no F.eprefentarive �! all of thespeakrr E depart & the Howie. 1692. AnnoRegniGULIELMI et MARIE, Regis etRegirre,Qlatto et uinto: ,.......mow+..rpr v....... ---n v 32 No Reprefcn- tative or his Servant to be Arretled, &c. during the Sefiion. 3 A. ca. 1. 2trt i yplanato p l04a♦ depart or abfent himfelf from the General Alrembly, until the fame be fully finifhed, adjourned or prorogued ; without the Licence of the Speaker and Re- prefentatives affembled, to be e>;itred upon Record in the Clerk's Book, on Pain •to every one fo departing or abfenting himfelf in any other Manner, to lore his Wages, And the Inhabitants of fuch Town for which he ferves, fhall be clearly difcharged of the fiid Wages againft fuch Perfon, and his Executors ‘forever. 1ttb it i0 furtljee entictcb by the kltttjnlitp nfolefaib, That no Member of the General Aftembly, or his Servant during the time of their Seffions, or going to and from thence (hall be :welled, fited,imprifoned, or any ways rnolefled or troubled, or compelled to make Anfwer to anySuit, Bill, Plaint orDeclaration, or otherwife : Cafes of High-Treafon and Felony excepted. Pas 'and Laws, Paired by the Great and General Court or Aflembly of the Pro- vince of the Maffichufetts-Bay, in New -England, begun and, held at Bolon the eighth of June, 1 692. and continued by feveral Ad- journments unto the eighth Day of February, following. Appeals from the Judge of Probate en- larged. 4.W,&Mata. 2. Guardians to be allowed by the Judge of Probate. 6G.ca. 3. CHAP. XX. An Ad for the explaining and altering of fome Claufes, and Sentences ; and theRepealing of fome others, contained in feveral Ads made and paffed at the fecond Seffion of this Court in OElober laff, L692. � it chicles, tip tje Oobrrltour, CDuncil MO ��cb anb � 1ptebcbp rljf e atarljot� mesal Court alembic'', anb it t --- of the fault, rbat whereto in the Jtl Intituled, An Act for the Set - ling andDiftribution of the Hates of Inteftates; Amongfl other 'hings thereby enaaed and provided, there is a Saving to the Party aggrieved at any Order, Sentence 'or Decree, made for the Settlement and Diflribution of any Inteflate Eflate, their Right of Appeal unto the Governour and Council: 3t i0 nate beclnrcb anb et iteb, That filch Right of Appeal, {hall to all Intents and Purpofes, extend and be taken and conftrued to extend, as well to any other Order, Sentence, Decree or Denial, that (hall at any time be made and given by the Judge of Probate, referring to the Approbation and Allowance 'of any Will, Grant of.Adminiflration, or other Matter : any thing in faid Aft to the contrary notwithftanding. ono further it i0 enntteb flab bfftareb, That tfthe Judge of oand Probate in each e County refpeEtively, when and fo often. asthere hereby is impowercd, to allow of Guardians that fhall be chofen by Minors of fourteen Years of Age, and to appoint Guardians fucGu rdiansfilth as 'hall be for the faithfulithin Dif- that Age; taking fufficient Security ,of all charge of their Trutt, according to Law : And to Accompt either to the Judge or Minor, when fuch Minor [hall arrive at full u ll fee , or % t fuch other Time as the Judge, upon Complaint to him made, And whereas in one other Ad, Intituled, An A& for Affirming of for- mer Judgments, and providing for Executions ; ,Amorg fl other Things there- by enacted, it is provided, that .Appeals then depending, t having net been heard, flail be heard and tried. e ��l � rho bSueernderffood and intended, and 1t io jtCebp ttpfattttb drib b , {hall be conflrued to intend, the firft Superiour Court to fit within or for that County where the AFtion was originally and first tried. And , I I 1 d 41. 1 11 I I I1 1 1 flaw Regn GULIELM I etMARI1E,Regh(TR egine,Qttar'toe/Quinto. 1692, expIanato2p Alt. ._.. praye • • 33 . And for, further E,&planation and an Addition to the Setelion or Paragraph . of /aid lafl mentioned AR, wherein Provifon• is made, that a Scire Facia _ do ue forth upon any Jugdment paled in any County Court or Court of Commifoners : I 3i to Dade bedaub, To extend,and fhall be confirued and taken to extend as well to any Judgment paned in any Court of Ail'iflants, Superiour or Inferi- our Court,at any Time whatfoever ; where Execution has not been taken out • or not levied for fatisfying of' the fame, fuch Writ of Scire Facias to be grant- ed out , f the Clerks Office of.the Superiour or Inferiour Court refpeetively • to be held Within or for the fame County, where fuch Judgment was given, iiqwhereas by the Precedent or Form for an Execution, the O„licer h. commariled for want of Goods, Chattels or Lands of the Debtor, to be by hint fie vn or found within the Precirrll, to take the Body of fuck Debtor and Corr snit him to Prifon Vit- f finely explaineb, midi ants bedaub by tie Zutfoittp alto;ctaOE', Judgments That where Judgment is granted for Money, or any particular Specie, the co befatisfyed Creditor (hall not be compelled to take any other Specie ; but in every fuch in Specie. Cafe, for want thereof, the Officer fhall take the Body of the Debtor, in Execution, and irnprifon him; unlefs fuch Creditor !hall be content to receive his Satisfacction in fuch other Eflate as may be rendre& or found. And there Words, `Tt the Acceptance of the faid A. B. !hall be fuppl1ed and inferted in the Writ of Execution, to follow next the Word Preeia,. , 0 be it further numb anb betlareb bp tie Qutfjogtp ato�rtaib; Thgt Wgto as well Original as Judicial Writs i!Iuing out of the Clerks Office, of the In- 20 n- thrritough tharun feriour Courts of Judicature refpeitively, !hall run into any County within this Prov�ne�. Province, and be there Executed by the Officer or Officers of fuch Count '{ �' ra• 2. to whom they are directed. Y • tttb he it furt.fjer enarteb atib bethareb, That the Claufe in the Afif Inti- E'rohibh10 ruled An Ad for the Regulating and Encouragement of Fifhery, That hence- °f.lVfsc�rcl forth no Maar-el ihall be caught (except for fpending whilft frefh)before befog c'ht before the firm the firft of July annually, be, and herebyk is fully Repealed and made void ; of yu15 Re - any thing therein to the contrary notwithftanding. pealed, And whereas by one other Aft, Intituled An AFt for the Settlement and W 4 W. & M. ta' Support of Minifters and School Mailers, among fl other things therein enated : ' ' it 10 olbatncb, ' That every Minifter being a Perfon of good Converfation, Repeal Able, Learned and Orthodox, that !hall be chofen by the major Part of the Paragraph in d Inhabitants in -any Town, at a Town Meeting duly warned for that Purpofe • the AES for e (Notice thereof being given to the Inhabitants fifteenDays before theTime-for Settlement of fuch Meeting) (hall be the Minifler of fuck Town, and the whole Town Mall4 w &rM. be obliged to pay towards his Settlement and Maintenance ; each Man his'ca. 11. feveralProporaon thereof.' Upon further Confideration of thefaidSec`fion or Paragraph rn faid. 4?,and thelmpradicablenefs of theMethod therein propofed' for the Choice of a Minifter, in divers Towns, wherein there are moreChurehet than one, and Inconveniencies attending the fame not fo well before leen k- , 3t i& enatfeb anb bedaub, That the before re -cited Setlion or Paragraph, and all and every the Claufes .therein contained, fhall from henceforth be Re- pealed and Revoked, and are hereby Repealed and utterly made void for ever, any thing in the faid Act to the contrary notwithftanding, 20b it 10 fttrtljer bedaub anb olbaitteb That the Paragraphs and Seffions hereafter following, '}Be man, anb bp tije 4utijoiitp are efaib itrt mark in Addition to the remaining Part of laid Ad relating to Miniflers : That is minute, htiw. to fay, That each refpative gatheredChurch in anyTown of Place within this to be Chofen. Province, that at any time (hall be in want of a Minifter, fetch Church thall ' have Power according to the Directions given in the Word of God, to choofe their own Minifter. , And the major Part of fuch Inhabitants as do there ufually.attend ori the laublick. Worlhip of God, and are by Law duly 4ualified for Voting in Town AEairs, concurring with rhe Churches Act, the Perfon thus eleted and approve ed, accepting thereof, fettling with them, !hall be the Minifter, towards whole 41. ca.:. E 2 Settlement • 1,6y2. 4imo1Zeg;:iGUL.II LMFetMARfi ?, Re is,etRegin;,QuartoetQltinro. egtftrt�� ',t r irtbz :an); 0:at Settlement; and,Maintenance,all,the. Inhabitants.and rareableEffates lying within filch •,Town, or,Par.t of a Town,.. or Place Emitted by Law for upholding the - pnblick.:Wor s i j. of God, (hall, be obliged to pay ,in- Proportion. , Provided, 'ghat nothing herein contained is intended or 'hall be conflrucd s;o, extend to. abridge• the Inhabitants -of Bolton . of their accustomed Way and Pr'a&ice as to the Choice and Maintenance of,their Miniftcrs. - 3e- it furrbtr enafteb, That in fuch Towns, or, Places where there is. no. 7. :7/. ca. 9. Church gathered, the,rateable:Inhabitancs of fuchown or Place, at a Meet - Advice of big duly warned for that Purpofe (Notice thereof being given! fifteen Days be - Neighbouring fore the Time of filch Meeting)., by the major Vote of fuch,A(Tenibly then and Minifters to be had. thei-e met, with the Advice .of three Neighbouring ordained Miniifers,, (hall adore and call an Orthodox,, ,Learned and Pious Perfon to difpente the Word Cif dad 'unto' them., :�.Tb the Settlement and Maintenance of which Minifter, ail'rateable Efhites -nd Inhabitants within fuch Town or Place 'hall be affefl'ed, and, pay .porportionably. '?1..3nb it i& fttt iiec ena(Ictu b2tbe' Zuti orftp: aforefaib, Tha• t where any %.,:.i i "4. ''own 'or Place spall be negligent of their Duty by Law required, refpe&ing 5eflions o '.fth;,..e.. t'lieLIVl; aintenance :of the Ministry; the Court of Quarter Sefions of the Peace Peace to pro- twithin the 'fadib County, upon Complaint to them made, are impowered and vide Remedy re,quired'ef'e&ually.: to provide for Remedy thereof, and by Warrant from fail in Cafe of Court, to convent before them' the Sele&-men, or others !Pedal l appointed by Negleet f the Inhabitants of fuch: or Place to take Care in that Matter, (having Maintenance , of the Mini-.,. accepted ,such Betriifiment ; ) and upon Conviction of Negle& therein, to im- frY• ' '.' ` -.pofe 'a Fine'upott.;thc Delinquents nor exceeding -Forty Shillings each Perfon z 4. ca: 3. ,for: the firft 'QfI'entce : And upon a fecond Conviction of fuchNegle&, to im- ' pose a Fine .,of Four..Pounds, upon each. Peron, and the like Sum of Four .Founds for every after Convi&ion Such fines to; be.levied by. Diflrefs and, ..Sale of the Offenders Goods,r..eturning thc.Over-plus (if any be), and to be dif- ,,,, ; poffd.to the, LTfe. of the Poor of ,elle fame Town or Place, by the Seidl -meat,. ,...: . oPb'verfeers .of;tlie' Poor. s,. a; .. C,H A P...XXI::. ;. An At '-fortlidA iegiftring of. Births and Deaths. OIC preventing of great- Uncertainty and Inconvenience that.,may happen, or want of, a, particularRegifier •of:Births..and Deaths : - ,Scdit tuatteh '_b the Q(3inbet;tts'Elr, Coittitfl anti' 1teptiefent•atibco, in die:, Town Clerk3..tterat vont: afeinblea, ato-lip t} e Inti ogitp'af:the fame, That every Town - to Regifter,...Clerk within this Province, (hall -he, and is hereby impowered and- required, to Births and, take an°Account :of alli Per.fohs that than be born or [hall die, within each Town Deaths. refpeetively;..and.the Precin&s thereof ; and fairly,to Regifter in -a Book, their Names and Sirl atnes; as also the Narnes and Shames of theirParents, with the Time, of their, Birth and .Death:- And the Clerk fhall demand 'and- receive the' • Fee; of threeP'erice, and no, more; for each Birth, or Death by hire fo Regiflred'; to`.be pate',. by'.the'' Parents,. ot` others neatly related to, or concerned with the Party barb; or': dying....And if any lhall refute or negle& to give Notice to the' Town-Clebko£ the Birth of Death of any .Perfon that they are fo related! to or concerned for ; or ib pay:for Regiftring as abovefaid,by the fpace of thin ty., Days next*, after filch 'Birth or Death : Every Perfon fo• refitting or. reg-. luting, . and being (upon _the Complaint' of any Town -Clerk) thereof con - .before -..a : on- before-.a:fuflice of Peace within• the fame County, (halt forfeit and pay. c,lgit) fuch Clerk, the Sum of Five Shillings; • to be levied Sy. Di(lrefs and'$ale of the Ofl'enders-Goods,. byWarrant -fromfuch ruftice; if Payment thereof be. not made within :four.Days:, next after Convthion • as. aforefaid. And every Town -Clerk 'hall give forth from the Regiftry a fair Certificate under his -Hand' of P,etfons born•,o'r'dying'in'the'Town, to anyy who fhall deGre The faille; and he:fh:ill receive: fix:Pence,and:no more for every'_Certificate fo,given. i.�4uM✓.wL.V..r^r'✓...e..y • i 1 i'_111 1,.11•dti Iii , it ACIS t. Anno Regni. G U L I E M 1 et .M A R I.I',l:rg is et gegir:e,Quarto. Oxrefilbe -Vint? alb CIS A s:' and Kayos, Pa ed by .the Great and General Court or Affembly:bf rhe -Pro- 1vince of the, 11!lay7rcham!etts-Bay in Areew-EnblriJd,:begtin and held at BoJiou the thirty-fir-ILDay Mqy;• 169'3, • C H A P. I, An A�} for the Refraining the taking e*cei:ve u.7furY 35 FORASMUCH as the .Abatement of.fntcrefl hath always been found Preamble, beneficial to the Advancement of grade, and Improvement of Lands. by good Husbandry ; and whereas the ,taking of eight in the Hundred, fol the Interefl • of Money, tends to the kreat ?rfccuragement. of:Ingenuity and Induf/ry. in the Fusbandr Trade a i y, and'Commerce of this Province •i 'lSe it fol the tienfon0 afa3cfaib, cnattey itp:tlje.0 3berrtottr, tiontit C'fltl1► I'tcpteftntatiite ; rotibcnc in ti6ciicral 2fteiublp, air it is erltuteii tip ttje,. 2ittttcr tv ttf tije fame, That no Perfon or Perfons whatfoever, from and af- ter the first Day of Augufi, iia. the :Year .,of btir 'Lord, one Thoufand fix Hundred ninety three ; upon ally Contra& to be made after that time, fhall, Six Pound take dire&ly,or lit direcFly, • for .Loan of any Monies, Wares; ,Merchandize, p.r cent. In - or other Commodities whatfoever, above the Value offix Pounds, for the For - fl per Am - or of one'Hundred Pounds for a Year; and fo after that Rate for a greater tete for Loan or- lefl'er Stun, or for, a longer, or fhorter time. And that all Bonds, Conrraels, of Money. Mortgages and `AfTurances whatfoever,-made after. the Time aforefad for the Payment of any Principal or Money lent, or Convenanted to be lent, upon or for Usury, whereupon or whereby there Ihal'hbe referved, or taken above the Rate offix Pounds in the Hundred as aforefaid, fhall be utterly void ; and that all and- every Perfein and Persons, whatfoever; which Ihall after the time afore- faid upon any Contra&, take, ,accept and receive by Way oi< Means of any cor- rupt Bargain, Loan, Exchange, or by Covin, or deceitful Conveyance, or by any other Way or Ibleans whatfoever, for the forbearing or; ghfi.rig:Day of Pay ment for one whole Year), of, and. for their Money,.:or other. Thing or Things,, above the Sum offix Pounds for the forbearin of one hundred Pounds for a contray for Year ; and -lo afterrthat Rate for a greater or lefl'er Sum, or for a -longer orlh61;4 for t•more.�g ter time ; ihall, forfeit and lose -for every fuch Offence the full' Value of'the.� Goods. and. Monies, or otherThings fo lent, exchanged, bargained; fold, dragreed" one Moiety thereof to their Majeflies,towards the Support! of the erri14: nient of this, Province, ,and the contingenChargd thereof.; the: other Moiety to. the Informer that fhall file for the fame ; any' Cullom,' Usage or Law to't'e` contrary notwithflanding. • , Provided,, Nothing in this A& /hall extend to rhe letting ofCattl'e, or' other A fasting.' Usages of Like Nature, ii1 Pi-a&ice. amoligf%% Farmers, or Maritime Contra&s a'+ monaccugflo.omeercd,h,anrs,, as Bottomry, or Courfe of Exchange, as hath bden heretofdte • CIfAP.ILL An Ad} for encouraging .the killingof Wolves.. �-ft� czmrteb, hY t»e",0,obci ttintr, tdtlnci_f ontt Reprefertrattte0, Idit beineb iii ' !enc ai 2ifeiiibip, antb bp.tJj 0titi rQit 05 tie faille a Wolves to be • whofocvcr bath fined -the: fourteen'> l%: Dayof ,May,.'one �Thoulaiid fig ' , Hundred. iiiriety.and two ; or il:all' lereafte« ' ' 1 paid for our ' kilPahy grown Wolf' within; ,this of the i o n Province, and bring the Head thereof unto the Conflable of the Town it/ which Stock. futh:Wolflieth1 be killed; or to.'ihe Conflabre-cif 'tlie Town' melt Adjacent mita the. Piact°r.of'l filling fuch Wolf,' without..idle; Bi6nads, of any town fhi :. .Mall. P� • li. v J 1693... J uno Regi G U L I E L M I et M AR IE, Regis etkegine, Qui at o. 36 tbartttt®nof Lanb , Criminal et enccL. -1 "1 M W. ca. 5. have a Receipt of the Lobstable for the fame, and the ,Conitable !hall cut Off z G. ca. 3. both the Ears from fuch Head ; and the Party producing the Cbnftables Receipt 7 G. ca. 3• unto theSelet-Men of the faid Town, or fome one of them, (hall be allowed and paid out of the Town's Stock, the Sum of twenty Shillings for every Head as aforefaid of a grown Wolf by hitn kill'd, and the Sum of Five Shillings for every Wolf's Whelp. And the better to furn.$ the Select -Men with a St&ck fuficient to anfwer fuch Payments : Selea men to 3t io further enatteb hp the ZutCjorite afotefafb, That the Selet-Men of affefs their eachTown refpetively, !hall be and hereby are fufiiciently authorized and im- Town yearly powered to afl'cfs the Inhabitants of their Town yearly, in due Proportion,as for this °ccar near as they can, fuch Sum and Sums as they (hall judge necef3ary to ferve that flora, to be re- ed out Occasion, together with other Chargesof the Town, and to caufe the fame to inheof the p publick be colleted in manner as is by Law direted for the gathering of Town Rates ; o Treafury. And all fuch Sum and Sums of Money fo paid DLit of any Town Stock, for the killing of Wolves (the fame being made to appear,) 111211 be allowed unto fuch Town by the General Treafurer of the Province,out of the publick Revenue. Partition of Lands be- twixt Copar- ceners, E9'c. to be forced by the com- mon Law. 4W.&M. ca. 13. 13 G. ca. g� I G. z. ca. I. I7G.z.ca.2. Legacies to be recovered at the common Law. Preamble. :1 A&s, and Laws, Paired by the Great and General Court or Affembly of the Pro- vince of the MajTacbufetts-Bay in New -England, begun and held at Bolton the thirty-firft Day of May, i 693. And continued by Adjournment unto the fixth Day of July, following. CHAP. ITT. An Ad for `the- Partition of Lands, &c. and the Recovery of Legacies at the Common Law. t it enacteb" by the elbernour, Council anb 3tteprefentatfbeo, to tuna in general Court, attb b! the ilutbo$ftp of the fain¢, That all Perfons having or holding, or that hereafter fhall have or hold, any Lands Tenements " or Hereditaments, as Coparceners, joint Tenants, or Tenants in Common, may be compelled by Writ of Partition at the com- mon Law to divide the fame; where the Parties cannot agree to make Partition thereof by there elves. Provided This At (hall not be underflood to repeal, or any ways alter any Claufe or Claufes, in the At, For Regulating of Townfhips,referring to undivi- ded or common Lands. anti it to further enaatb hp the silttt*o;ftp afolefaib, That where any certain Legacy is or tall- be bequeathed and given to any Perfon in his or her fait Will and Teftament ; As alfo where any residuary or uncertain Legacy is, or shall by the Accompt of any Executor be reduced to a Certainty ; every fuch Legacy, and Legacies as aforefaid, may be fued for, and recovered at the common Law ; any Law Custom or Ufage to the contrary notwithftanding. C .II A P. IV. An Additional Ad for the Punishing of Criminal Offences. WHEREAS the breach of sundry Criminal Laws of this Province, is only punishable by Fines, and many Times theBreakers of them have not Money forfatisfy the fame : V it tjerefoe matter; by the Q6obernout, Council anb latprefentas tibio, tonbtneb in Oeuerai AIembtp, anb bp the 3dutbe ftp of the same; hence -forward it (hall be in the Power of any Juftice of the Peace, that That shall ; AnnoRegisi GULIELMIet MARIIE,Regis et.Reginee,Quinto. 169 3., (Mit 2tth01 5• tri(' 2tccomptq- ' " 3 7 (hall have Cognizance thereof, to puni'h Breakers of the Peace, Prophaners cf the Sabbath, and unlawful Gamefters, Drunkards, or prophane Swearers or Curlers, by fetting in the Stocks, or putting into the Cage, not exceeding three Hours, or Imprifonment twenty four Hours, or by w hipping, not exceeding ten Stripes, as the Cafequay deserve ; and where the Offender has not where- withal to fatisf y the Law in that Cafe provided. A&s and Laws, Patted by the Grcat and General Court or Aff'embly of the Pro- vince of the Pla achu/etts-Bay in New -England, begun and held at Boflon the eighth Day of November, 163. C .H A P. V. 4.11 :8:111 ca 6. Criminal Of- fences to be punithcd by fitting in the Stocks, ,Sc. where the Of- fenders cannot otherwife sa- tisfy the Law. AnAEt relating toSureties upon meanProcefs inCi��ilAions. d3 ft macro) tip tije d5oticrnottt.•, Council a;til Reprcfettratioco fti d5c= Rent Court afctnbleb, a;, he the atit oite of die tante, it i o orteu anb enact -0, That where Bail is given upon mean :'rocefs in any Civil Meson, not only for the Appearance of ihe Party to anfwer the Suit; but alto to abide the Order or Judgment of the Court that ihall be given there- on ; every fuch Surety or Sureties ball be obliged to satisfy the Judgment in Cafe of the Principals Avoidance, and the return of .Non efl Inventus upon the Execu eon ; unlefs the Surety at the Time of entring up Judgment do bring the Principal into Court and move to be difcharged ; upon which the Court it -tall order the Keeper of the Prifon to receive him into Cuftody, that fo his Body may be taken in Execution. And the I'arty for whom the judgment was given, may have a 'Writ of Scire Facias out of the fame Court againft fuch Surety or. Sureties ; and in Cafe no juft Caufe be fhewn to the contrary, the Judgment !hall be affirmed against the Surety or Sureties with the additional Colts of Suit; and Execution (hall be accordingly granted. Always Provided, That filch Writ of Scire Facias be taken out and ferved upon the Surety within twelve Months after the first Trial, and not afterward.. And every Surety of whom fuch Recovery. is made, may bring his AEtion for Damages againft the principal Debtor. Additional Aft. 4. A. ca. 3. z G. ca, is CHAP. VL An Ad for palling of Sheriffs" Accompts. it enacfeti tip tje. iobernour; Council aub tteprefetttaritirer fit d6c neral court o etnble�, ono be tj c .iutj o4tp of tj e facie, That every Clerk of the Peace in each County within this Province and Clerk of 12 & Mize, !hall deliver unto the Sheriff of the County a perfeE Estreat of all Fines, ca, 8, Issues, Amerciarnent, Recognizances, Monies and Forfeitures impofed, fet ]off or forfeited in any Seflions of the Peace, Court of Aflize and General GoalDeli- very, or fpecialCourt of Oyer and Terniiner, by any Perfon, due to their Majcfties within the Space of thirty Days next after" the ending of the raid Courts refpec- tively ; and within the faid Time (hall deliver unto the Treafurer and Receiver General of the faid Province, a perfeEt Schedule of all fuch Eftreats by him deli- vered to the Sheriff; on pain of forfeiting to their Majeffies for the Support of the Government, the Suin of Five Pounds for each Neglet, upon Conviction thereof before the Juftices of the fame Court. And the Justices of each of the &id Courts refpe&ively arc hereby impowred to audit, examine and adjufl the faid Accompts of the Sheriff; and upon Pay • - ment of what (hall be found remaining due thereupon, to grant the Sheriff a Quietus 0, And 1693. AnnoRegni GULIELMI,etMART.r , Regis etKeginte,Qpinto 38 . tfttti , Preamble. .And whenfoever any Sheriff upon palling his Accornpts (hall have his Quietus ell, he (hall be thereby abfolutely difcharged of all Sums of Moneyiby him le- vied and received, and pretended not to be accompted for within the Paid Ac- compt, whereupon he had his Quietus ; unlefs filch Sheriff thall be called in Qieftion for fuch Stun or Sums of Money fo pretended to be levied within two Years after the Tithe of fuch Accompt andtcietus. CHAP. VII. An Aa for Regulating of the Militia. WHERE -AS for the Honour and Service of their Majeflies, and for the Security of this their Province againhi any Violence or lava ton whatever ; it is necefary that due Care be taken that the inhabi- tants thereof be armed, trained, and in a fuitable Pof ure and Readinefs for the Ends aforefaid; and that every Perfon may know his Duty and be oblig- ed to perform the fame : We It *refine ennteb tip WO ercellcncp tije Oobernour, Council,attb' 3tte tefentatibet. Ill &petal Court affeilthlev, iittb it 4.0 cipatneb anD .enacteb by t �e 4titi oritp of the faint, i. That all Male Perfons from fxteen Years of Age, to fixty, (other than Perfons liable Eich as are herein after excepted'). fhall bear Arms, and duly attend'all Mutters to 'Train. and Military Exercifes of the refpeetive Troops and Companies where they are lifled or belong ; allowing three Months Time to every Son next after his com- ing to fixteen Years of Age ; and every Servant fo long, after his Time -is out ; to provide themfelves with Ants and Ammunition, &c. Lf Lift four 2. And the Clerk of eachTroop and Company once a Qiarrer yearly, fhall L Clerk to take take an exa& Lift of all Perfons living within the Precin&s of fuch Troop or times a Year. Company, and prefent the &me to the Captains or chief Officer, on pain of for- feiting forty Shillings for each Default, to be paid to the Captain or chief Offi- cer to theUfe of the Company. And in Cafe of Non -Payment, to be levied by Diftrfs arid Sale of the OffendersGoods, by vertue of a 'Warrant from the Cap. tain or chief Officer ; who is hereby irnpowred to grant the fame. Perfons to at- ' 3. That every Perfon lifted in any Troop or Company (hall fo continue and tend Duty attend all Duty in fetch Troop or Company , or otherwife fuffer the Penalty by where lilted Law provided; until orderly difinifs'd or removed out of' theTown orPrecin&, till orderly And inCafe of removal into the Precinet of another Company in the fame Town, d f:Irjf� d, to produce a Certificate under the Hand of the Captain or chief Officer of the Precin& whereto he is removed, that he is lifted there. Penalty on 4. If any Perfon liable to be lifted as aforefaid, do exempt himfelf by lhift- fuch as [hail ing from Houle to Houle, or Place to Place, to avoid being fo lifted ; he (hall theft CO avoid pay as a Fine for every filch Offence, to the Ufe of the Company to which he lifting. belongs, Ten Shillings, being convicted before any Janice of the Peace of the County. Foot so'dicrs 5. That every Iifled Soldier and other Houfholder (except Troopers) fhall be be always provided with a well fix'd Firelock, Muflcet, of Mufket or Ballard lblufket bore, the Barrel not lefs than three Foot and a half long ; or other good Fire Arms to the Satisfa&Ion of the Commitron Officers of the Company ; a Snapfack, a Collar with twelve Bandoliers, or Cartouch-Box ; one Pound of good Powder, twenty Bullets fit for his Gun ; and twelve Flints ; a good Sword or Cutlafh, a Worm and Priming -Wire fit for his Gun : On Penalty of fix Shillings for want of filch Arms as is hereby:required, acid two Shillings for each otherDefe&, and the like Sum for every four Weeks he thall remain unprovid- ed : 'i'he Fines to be paid by Parents for their Sons under Age, and under their Command ; and by Mallets or Heads of Families, for their Servants other than Servants upon Wages. how to armed. 11 A ca. 4. ' 1 1 .1 lul 11.1 6. That dnno Re xi G U L I E L M I et MAR 11E; Regir et RegiudP, Quinto. 169, 6. That every Trooper fhall be always provided with a good ferviceableHorfe of Five Pounds Value, and not lefs than fourteen Hands high, (the fame to be Troopers, determined by the two Chief Commit ion Officers) coeered with a good Saddle, f o njlled. Bit, Bridle, Holflers, Pe&oral and Crooper ; and furnrfed with a Carbine, the Barrel not lefs than two Foot and half long, with a Belt and Swivel ; a Cafe of good Piftols; with a Sword or Cutlafh ; a Flask or Cartouch-Box ; one Pound of good Powder, three Pounds of fizable Bullets, twenty Flints, and a good pair of Boots and Spurs; on Penalty of twelve Shillings for,wanr of fuch Horfe as is hereby ordered, and three Shillings a Piece for every other Defe&, and the like Sum for every fix Weeks he (hall remain unprovided : And rhr*. each Trooper lift his Horfe, and thall not difpofe thereof without the Confent of his chief Officer ; on the Penalty of Five Pounds : And for Non -Appearance at the Time and Place appointed for Exercife, every lifted Trooper for each Days Negle&, (hall pay ten ,Shillings Fine. 7. That there may be two Troops in a Regiment, each of which Troops Ihall not exceed fixty Men with Officers, 8. That Regimental Mutters (hall be but once in three Years; (except iii Bolton.) And everyCaptain or chief Officer:of anyCompany orTroop in anyRe- N uit renand giment, !hall be obliged on Penalty of Five Pounds, to draw forth his Company Training of or Troop, or caufe them to be drawn forth four Days annually, and no more, to particular Exercife them in IN/lotions, the Ufe of Arms, and fhooting at Marks, or other Companies, MilitaryExercifes,-which every Perfon liable to Train, having been duly warned, and not appearing and attending the fame, Miall for each Days Negle&, pay a Fine of Five Shillings. 9. That the Commiffion Officers of any Company or Troop, or the major Ofliccrs of them, may order the correaing and punishing Difordcrs and Contempt ccr (lion on a training Day, or on a Watch ; the Punifhment not being greater than lay- Power. ing Neck and Heels, riding the Wooden Horfe, or ten Shillings Fine. I o. That there be Military Watches appointed and kept in every Town aL military fuch Times, in fuch Places, and in fuch Numbers, and under fuch Regulation Waalhc. s. as the chief Military Chcers of each Town thrill appoint, or as they may re- II d. ca. 6, ceive Orders from the chief Officerof the Regiment : And that all Perfons able of Body, or that are ofEflate (and not exempted byLaw) !hall by ncemfelvcs or Tome meet Perfon in their _Stead, to the Acceptance of the Commander of the Watch, attend the fame ; on Penalty of Five Shillings for each Defe& ; there leaving been due Warning given. Penalty for attend MilitaryExercifes, on training Days, or Military Watches ; that (hall not I I . Every Soldier or other Perfon liable by Law, refuting or neglecting to not attending pay;or have no Eftate to be found whereon to levy rhe Finc; it (hall be in the Military Ex - Power of the Captain, or chief Officers of fuch Company on the next training mires. Day after fuch Negle& (he not having fati fled the Clerk) to punifh him for filch Offence, by laying Neck and Heels, or riding the Wooden Horfe, not exceed- ing one Hour's time ; And if fuch Delinquent Miall abient Iliad -elf the fecond training Day, without giving fufficient Reafon to the Captain-, or chief Officer fcr the fame ; it (hall be in the Power of the chief Officer of the Company to dire& a Warrant to the Conflable of the Town, requiring him to apprehend fuch .Delinquent, and bring him into the Field,that he may be punifh'd according as by this Law is provided : And all' Conflables are hereby required to execute fuch Warrant accordingly. 12. That the Perfons hereafter named be exempted from all Trainings, viz. Perfons wc. The Members of the Council, the Reprefentatives for the time being, the 'Secre- erupted from ,tar u ices o the Peace,Prejidelt, Fellozus, Students, and Servants of Har - yard College, exempted by College -Charter, Mailers of .art, Miniflcrs, Elders andDeacons of Churches,Sher fs, allowedPbyfcians, or Surgeons, and profeft ,School-JVlaflers, all fuch as have had Commifions, and fermi as Field -Officers, or Cattains,Lieutenants, or En f inns, Coroners, Trea/2lrers,.;Jttorney-Gey: era , Dept; or s, Clerks of Courts,Conflables conflanr.herrymen, and one it [Iillcr to each Grill -Mill, O. f�icers employed in and about their Majellics Revenues, :all Mailers of Veffels of thirty Tons and upwards, ufually employed beyond r i, ca l ,Sea ; Pik 141 M T 69 3. 4.0 Perfoas ex- emp,ed from Military Watches, &c. 11r1''.ca. S. Commitliion Officers to appoint Ser. jeants & Cor- porals. View ofArnis How Perfois una " e to purchafe Arms, niay be provided. 7 ' o ') (`_ T T L, I `L E N T et M A R 1 13, � E'�� 1.f et 1? egt (e, ditto. atria Sea ; and conita nc Herdt inen, Lame Per fns, or oncerwite difablcd in Body (producing Certificate thereof from two able Surgeons) Indians and Negroes. 13. That the Ncrfons hereafter named be, and hereby are exempted from Military Watches and Wardings. viz. the Members of the Council, Secretary, Reprefentative.s for the Time being, Pref dent , Fellows, Students of Harvard - College, and the Gentlemen belonging b the Troop of the Governour's Guard, Mini/lers, and Elders of Churches, allowedPin.fcians and Surgeons,Conflables, con(ant Feri ;men, and one Miller to each Grill ,d Till. 14, That the Captain and Commi Qon Officers aof each Company parryet or rC Troop (hall and hereby are fully impowrccl pp fcrve as Serjeants and Corporals in the refpettive Companies orTroops ; and to Difplace them, and appoint others in their Room, as they fhall fee meet. t .S• That twice every Year, or oltner if der for aery ciili diligentInquiryain or chief into Officer of ,each Company or Troop, !hall giveg thc State of his Company, and for taking an cxaf Lilt of theNames of his Sol- diers, and Inhabitants within the Limits of his Company, and of the Defefs of A rms or otherwife, and Names of the defaive Perlbns; that they may be pro - teemed as the Law hath provided, and fuch Care may be taken as is proper to remedy the fame. 16. That if any Perfon who. is by taw obliged to provide Arms and Ammu- nition, cannot purchafe the fame by fuehMeans as he hath ; if he bring to the Clerk • of the Company, Corn or other Merchantable 1'rovifion, or vendible Goods, fo Mauch as by Apprizement of the Clerk and two otherctFP' fuck Arms mutually chofen, {hall be judged of greater Value by one fifth !hall be excufed from the Penalties for want Ammunition is of; he thereupon of Arms and Ammunition, until he can be provided, which the fa Overid r (all provide as foon as may bo by Sale of fuch Goods, P s to the Party, if' any may be : But the Party fhall notwithflanding give his perform". Attendanceiipon all Occafionsas other Soldiers, until he be fupplied,,and ar fuch tithes fhall perform any proper Service he may be put upon by the Captain�or Chief Officer of the Company he belongs to. But if the Perfon be j gcdManhe able to buy Arms, or to lay down rhe Value propofed ; if he be a ting. !hall be put out to Service by the two next Juftices of the Peace, to earn where- with tobuyArms and Ammunition. If ftich 1'erfon.have aFamily and be judged finable by the Captain and major Part of the Select -Men to lay down fuch Value for the End aforefaid, then be (hall be provided for out of the TownStock, Y Arms procured at theTown's Charge, until fuel rtthe s re oe bef tho ch of Milid able to tary for himfelf;. And fuch Arms to be undo y Officer and the SeleE-Men of the Town. . That Mims, Drummers, Trumpets, Trumpeters, Colours and Bana How Drums 1 7 Trumpets, &c. ners, be by the Commiflion Officers of each Troop or Comanya rovided already e are to be pro- Charge of the refpettive Companies and Troops they y bided. provided, and the Fines will not reach to procure the fame ; and that fuch as have been irnployed as Drummers or Trumpetc.a or are fit and capable thereof, 1 1 W, ca. 4. being appointed unto fuch Service by thechief Officer liofsf any Company nd nor every Troop, {hall attend the Service, on Penalty y FiDrummer for a Year's Service (hall have Twenty Shillings, if he find his own Drum ; and Ten Shillings, if the Captain finds the Drum. And a Trumpeter Forty Shillings a Year, if he finds his own Trumpet ; and Twenty Shillings, if the.Captain finds_ it.. Penalty for 18. That fuch meet Perfon as by the Cornmiffion Dicers of any Company refuting to or Troop fhall be appointed Clerk, and fall refute to fcrve, !hall pay Forty terve as Clerk. Shillings Fine, and another be choler in his Room, and fo until one do accept ; Which Perfon (ball be under Oath for the faithful Difchargc of his Office, to be adminiftred unto him by a Juflice of Peace in the fame County, in the Words following, rQU do /wear truly to perform the Oce of Clerk of the Military Company under theCommcind of A. B. Captain, to the ut7110/1 ofyour Skill and Power in allThin s opatertnin; ig to fccui0 ire crccrdivg tcl.CLL. Sohelp you d. ACend Oath. AnnoRegni GUL,I LM1 et MAR bis et kru 171c 11:1 t ;). I 693 ? And for every Difiraint made for any Fine not eNcceding Forty Shillings, he !hall have t ne Quarter Part for his Pains and Trouble. And for filch Fines he may diflrain Ex OJicio ; and in difiraining !hall obferve full Rules as the 'Law hath provided in ocher Cafes ; and upon ten Days Notice. Miall account with and pay to the Captain or chief Cf Icer what Fines ale Bain received, his own Vart being deducted. 19. The chief Mil ita ryOflicer of each Regiment as often as he Shall feeCau f, !hall require the .Captain or chief Officer of each Company in 112 Regiment to meet at fuch Time andPlacc as he (hall appoint, and then with them to confer and give in Charge fuch Orders as Miall by them, or major Part of thorn be judged meet, for the better ordering and fettling their feveral Companies, and for the better promoting of Military Difcipline among(' them., A nd the chief Officer is hereby impowered by his 'Warrant directed to any Clerk or Officer of his Regiment, to Summon or cattle to be brought before them any Offender againft the Laws Military, and according to Law to hear and determine all. Mat- ters proper for their Cognizance, and to give Sentence, and to,grant Mittimus, or Warrants for Dial -aim to the Clerk of the Company where the , ffence is committed ; for executing which W' arrant, if above Forty Shillings, he !hall have ten Shillings out of the fame for his Pains and'rrot=ble therein, and no more. 2c?. That there be a Stock of Powder and Ammunition in each Town pro- vided, and from time to time as there is need, be renewed by: the Select -men ; which !hall be a Barrel of good Powder, two hundred Weight of Bullets, and three hundred Flints, for every fixty lifted Soldiers,' and after that Proportion for the lifted Soldiers of each Town, whether more or lefs: Alfo that theSelect- men procure fuch a Number of Arms, and fo much Ammunition as fhall be made to appear by the chief Commiflion Officer ofeach Company in the feveral Towns to be needful for the Supply of fuch Poor as by Law they are to pro- vide for. And fuch Town as cannot make it appear to the chief Commander of the Regiment that they are thus provided, at or before the firft of May next, !hall pay Five Pounds Fine, which Mall be difiraincd by Warrant from the laid Officer, direged unto the Conflable upon the ScleCt-men of the Town, or any of thein ; and difpofed of for the 'Life of the laid Town towards the Simply of fuch Stock : And .the like Sum for every three Months they Shall remain fo unprovided. And the Select -men where there is not a diffident Stock of Powder, Armes and Ammunition, ant in fuch Towns where there is need of Watch- Huufes, Firing and Candles for their Watches ; in filch cafe the Selec'f-men for fo much as is wanting, are to procure or fupply what is required or needed as before, and !hall make Provifion for the fame by a Rate, equally and juflly laid.upon the Inhabitants and Eflate $ in fuch Towns, and fuch Rare figned and committed by them to the Conflables to eolith, who Shall, and hereby arc re- qi iced 'and authorized to collo& the fame ; and for Non -Payment to difirain as for other Rates ; And rhe Money or Pay col lotted to be brought in to the chief MilitaryOflicers and theSelett-men of theTown, to be by them improved for the Ends- aforefaid. And the Sclett-men, or fo many of them as 1ha11 negit& their Duty herein,. (hall pay twenty Shillings Fine, to be paid to the Captain for the Ufe of the Company, being convict before two Junius of the Peace, who are hereby impowered•to convent the Party, anti to hear and determine the fame, and if need be, to appoint other meet Perfons in fuchTowns under the like Penalties to perform thc faid Service. 22. That no Ciera: Ex O�icio make diJraint for any Fine until tourDays SI. clerks E'xOf- ter the Offence committed, that fo the Party may havcOpportu nity to make Ex- f.•cio,not to di- cufe, if' any he have; why he Should nor paythe Fine. And everyClerk that four Days. neglects or refufes to Account or make Paynment, as by this Law is provided, he, Penalty for by a Warrant from the chief Officer of tlicL ompany directed to theConflable,may hip negte»I to be difirainedon for fo much as he hath' or fhould have collected or diflrained for. account �.c. 23. That all Officers yield Obedience to theWarrants or Commands of their Superiour Ofliccrs, on Penalty of Five Pounds ; to be heard and determined at F 2 the as Allowance llifrcfs for Fines. Meeting of the chief Of- ficers of the Regiment. Their Powe;. izli.ca. I. Town Stock of Ammuni� tion, &c. Penalty for hen unpro• vided. Solea -Men to make a Rate for buying of ammunition; &c. in cafe; Penalty for Neglea. a 1693. Silo R•egni GULIELMI ctM AR IE,Regis etRegr'nee, Qiinto. 42• �s, thc next Meeting of the chief Officers and Captains of the Regiment ; And the Fine to be taken by Diflrefs and Sale of the Offenders Goods, (returning the Over-plusif any be) by Warrant from the chiefOflicer of' the Regiment, directed to the Clerk of the Company to which fuch Offender belongs, and to be itnprov.• ed to the Ufe and Benefit of fuch Company as the Officers fo met shall agree, the r Expences being firft defrayed out of the fame. 24. That an Alarm at the Caftle upon Caftic-Ifland near Fallon, .being made upon filch Caufes as are agreeable to InfiruEtlons to be given by the Governour to the Captain of the Caftle, !hall be by putting out two Flaggs, and firing of two Guns towards the Town ; at which time there (hall with all poffible Speed filch Numbers be fent down for their Relief, as the Governour and Captain Ge- neral, or filch Perfon as (hall be Commander in Chief in hisAbfence,ll-.all think nece'?ary. At any other Place, an Alarm may be made by firing three Guns one after another, or by firing a Beacon, theirDrums beating an Alarm, all Per- fons being ( ailed upon to Arm: upon which all the trained Soldiers, and others capable ro bearArms that are thenRefident in anyTown, !hall forthwith appear, compleat with their Arms and Ammunition according to Law, at the ufual Place of Rendezvous, or where the chief Officers (hall appoint ; there to attend filch Commands as !hall be given for their Majeflies Service, and that on the Penalty of Five Pounds Fine, or three Months Imprifonment, The Members of ;he Council, J uftices and Sheriffs, to attend upon theGovernour, if at or near Boflan; a:nd in other Places, to appear and advife with the chief Military Officers ofthe Town, and to be af'ifting in their Majefties Service according to their Qilaliry, And filch Alarms shall at all Times be carried on from Neighbourhood to Neighbourhood, and from Town to Town throughout the Province; and from fuck Town where theAlarm is made, there (hall be forthwith difpatched one or more Horfe-men, to fignify the Occafion thereof to the JufIice of the Peace, chiefMilitary Officer,or Conftable of the nextTown orTowns, which allPerfons are to take Notice of and attend as is before directed ; And if the Alarm be made either from a Sea-PortTown, or otherTown that lies a Frontier to, or in great Danger of the Enemy, the Captain or Captains of the adjacent Towns, (hall forthwith go with or fendfuch Relief as they [hall judge meet for the Offence of the Enemy, or Defenee of themfelves and Neighbours ; but fo as ro be ob- fervant to any Commands or Orders they may receive from their Su ,eriour Officers, And if any. Perfon !!Mall wilfully make a falfe Alarm, he all be fined to their Majeflies rue renty Pounds, for Support of the Government; or fuffcr fix Months Imprifonment. 2y. No Officer Military. or Civil, or otherPcrfon, [hall Qiarter or Billet any Soldier or Seaman upon any Inhabitant within this Province, without his Con - fent (other than the publick licenfed Houfes) under the Penalty of one Hun- dred Pounds ; to be recovered by Action, Bill, Plaint or. Information, in any Court of Record ; one half to then- Majeflies, for the Support of the Govern- ment ; the other half Parr to the Party grieved that shall inform and the for the fame. And every fuch Inhabitant may refufe to Quarter any Soldier or Seaman notwithflanding any Order whatfoevcr, 26. That all Perfons exempted by this Law from Trainings, !hall notwith- flanding be provided with Arms and Ammunition compleat, upon the fame Penalty as thole that are obliged to train. Fines & For- 2 7, All Fines Penalties and Forfeitures arifing by Virtue of this AEI, or any feitures how Breach thereof (not otherwife difpofed of therein) [hall be for thc Ufe of the o be recover- ed & difpofed, Regiment, Company, or Troop refpeaively � That is to%a�, for procuring and repairing Drurns,'Trumpets, Colours, Banners, Halberts, paying of Drummers and Trumpeters, or other Charge of the Rid Company ; and the Overplus (if any be) to be laid out in Arms and Ammunition for a Town Stock ; and be re- covered byAffion, Bill, Plaint or Information, in any of their Majeflies Courts of Record. Penalty for Officers dif- obeying their Superiour Officers. Alarm. Penalty for not appear- ing upon an Alarm. Relief to be fent to the Frontiers. Penalty for a falfe Alarm. 1z W. ca. t. Penalty for Quartering Soldiers, &c. upon Inhabi- tants. CHAP. I u I iu {10 1.I4, iii i ''11 I 11111 l4 4 °.n.,iii14H lI�, �it�l���lllllll Anno R egni G U L I E L M I et M A R I PE, IZet is et Regis; pig! -.ars', CHAP. VIII, An Ad for High -Ways. Ito. 169 F OR the better amending and keeping, in Repair and Clear, the High -Ways, and common Roads, 'leading from Town to Town, and Place to Place ; Preamble. and for laying out new High -jays, and turning old Higb-Ways where it jZall be needful ; 9N7 it mutat lip tbc C5ohcrnopr, Cotzncfl anti Reprcientiati6c5, Itt ($c- Surveyers of ncrat court offrinbleb, an by rbe .`tfutJjo<itp of tje fame, That there be An- noigh-P✓ays Dually choler)two or mor eFreeholders,in eachTown refpettively within this Pro- and be orn vince, to beSurveyers of theHigh-Ways,wholliall beSworn before fome Juf}ice Annually. of the Peace in the County, diligently and faithfully to perform the fiid Oce for the Year enfiting ; which Surveyers (hall take Care that all High -Ways, t i Private -Ways, Caufeys and Bridges lying within the PrccinEls of fuch Town, G. ca. 3. be kept in Repair, and amended from time to time, when and fo often as (hall be needful, at the Charge of fuck Town (where it is not otherwifefettled ) that fo they may be fafc and convenient for Travellers, Teams, and Drovers ; And the Surveyers are hereby impowred to cut down, dig up, or remove as Their Power, well all farts: of Trees, Bullies,tones, S Pelices, Rails, Gates, Iilclofitres,•or other Thing or Things, as may any Way ftraiten, hurt, hinder or incommode the High Ways : As alfo to dig for Stone or Gravel, Clay, Marl, Sand or Earth, in any Land not planted or inclofed ; and to prcfs any Carriage, Work- men, or ocher Things fit t -o be employed in the High -Ways, for fuch rcafonable �..atis[a6tion to the Parties concerned as filch Surveyers can agree for; and in cafe of Difagreement, filch as the two next Juftices fhall appoint, And the S;:rveyers !hall appoint certain Days for providing Materials and Working in the High -Ways ; having refile& to the Seafon of the Year, and the give p blick Survers to Weather, and giving convenient publicic Notice ; at which Days all Perfons Notice for liable to Work, (That is to fay, from fixteen Years old and upward) by them- Working on felves, or other fufficient Perfons in their Read, (hall attend : And if anyPer- the High - fon make Default of attending the faid Work, by hirnfelf, or other fiicient Ways. Perfon in his Read ; or with hisCart and Team,•as he !hall be appointed; up- on Complaint and Proof thereof before the next Juflice of Peace, without reafonable Excufe made, and allowed by fuch Juflice, he (hall caufe to be levied Pennity for of every filch Offenders Goods, the Sura or Penalty of two Shillings, fix Pence, Non-atten- for each Day's Neglect of Labour, befides the Charge of making Diftrefs ; and dance, for,Default of their Cart and Team fix Shillings per Dien, with Charge of Difirefs as aforefaid. 2Ilti flirt. icr it fg rnr� �E4 lip tje rttj'a�it� Ito rrtt. High -Way or common Road from Town to Town, or !'lace to ThatwhereDere a lice wanting, and where old Ways -with more Conveniency maybe turned or ace {hall be rder erfr lay frons to give ed ; upon Applicati�.n made to the juflices in Quarter Seffins, within the fame ng outNewCounty, the f;aidCourt may appoint a Conlniittee of two or three fuflicient Free= High -Ways, holders of the next Towns, who !hall have molt ()canon of the laid Way,m- to thereon ; and being judged to be ofcommon Ncceffity orConveniency, the Jufti- or a(cerinb enquire into the Necefity and Conveniency thereof, and to make their Report ro fuold ones. ces of the faid Court (hall order a Warrant to the Sheriff or his Deputy, mon a Jury out of thc next Towns, to meet at fome convenient Dayand Place therein mentioned, to View and lay out filch High -Ways or Roadswho (hall have an Oath adminiflred unto them by a Juflice of Peace, to lay out filch Way, according to the belt of their Skill and Judgment, with moft Convenient o the Publick, and lea- Prejudice or Damage to any particular Perfon ; which having done, the Sheriff' or his Deputy, is to make Return thereof, at the next Court of Qiiarter Seffions of the Count his own as the Hands of rhe Jurors, by whole where thelfameis is, laid as out; well under the End the fame may be allowed and Recorded, • and after knownt fol•ta �ublick niigh- Way. I 4" �.0 provided, I69 AnnoRegni G UL I E L M, I, et M A R I IEReoi;etReuinr� _,.a_ .v_+..R r•w..•—nn—.oda_ ,p11-• W •-n•••••••••••4•1•7.•-••• .3. 44 Damage in Proprieties to be made pod. SeleE-Mens Power to lay out private Ways. 12 rl, ca. 6. Recampence for Damage Nufancc upon IJigh. Ways tape removed. 10 W. ca. r . t&S Damage hap. ning thro' De - feels in Ways orBridges to be made good by the County or Town. • Penalty on Surveyers refufrng to accept, or negleE`ting their Duty. Preamble. e ce , Qtatteit C. .Prvideci, That if anyPerf'n be thereby damaged in his Propriety or improved Grounds, the Town fhall make him reafbnable Satisfaction, by the Eftimation of thole that laid out the fame : And if' fitch'Perfon fo damaged, find himself aggrieved by any A& or Thing done by the Jury, either in laying of' the faid Wray, or Eflimate of his Damages, he may apply unto the .Court of Quarter deutons for Relief, before any Allowance or Determination be made by rltem; Who are hereby impowred to hear and determine the fame. But if no fufficient Caufe appear for Complainr, he (gall pay all Charges arifing thereby. 2n6 bet ftwtfjer ettattcb, That the Scle&-Mcn of each Town refpectively, be, and are hereby impowcred, by themfelves, or others whom they [hall ap- point; to lay out or caufc to be laid out, particular and and private Ways for flick Town only, as (hall be thought necefrary ; fo as no Damage be done to any particular Paton, in his Land or Propriety without due Recompencc to be made by the Town ; .as the Select -Men and theParty interefted may agree; or as [hall be ordered by thejuftices inQitarterSeflions, uponEnquir y into the fame, by a Jury to be fiimmoned for that 1'urpofe. .Thth it i:ttrtjer ettactO, That if any Perfon or Perfons [hall ere& and fes up any Gates, Rails or Fence upon or acrofs any High -Way or Country Road, or continue any fuch to the Annoyance and Incumbrance of the fame, (other than filch as (hall be allowed by theiourt of Qiarter Seffions within theCoun,y) it [hall be deemed a common Nufince ; and it [hall be lawful for any Perfon .or Perfons to pull down and remove the fame : And if any fuchlncumbrance be in any particular or private Way, allowed and fettled by any Town, upon Com- plaint thereof made to the mkt Juftice of the Peace, he [hall appoint a Commit- tee of two or more difcreet and indifferent Perfons to view filch Incumbrance, and caufe the fame to be removed : And if any Perfon be aggrieved at the Re- moval of any fuch Gate; Bars or Fence, he [hall be heard at the Quarter Sef- fions within the fame County, and upon juft Caufe !hewn, [!tall be by thein relieved. gab to it fttt,'rljer cttactcb #u? tjegitrtjoUtp gozefai , That if throughNeg- lea, or not keeping in fbf(icient Repair any High -Way, Gulley, or Bridge ; any Perfon happen co lo(e hisLifc in palling any filch High -Wray, Caufey, or Bridge, qr lore a Limb, brake a Bone, or receive anyBruife orBrc1ch in anyPart of his Body, through any Defe& in, or want of neceflary Repair of fuch High -Way, Caufey, or Bridge ; the County or ;Town refpectively to which of Right it be - (nags to maintain and keep the Eme in Repair-, having been warned or -notified f fuch Defe& and need of Repairs and Amendment thereof, either in Writing ruder the Hand of two Witnefles, or by Prefentmenr_ thereof made at the Seflions f the Peace ; fhall pay unto the Parents, Husband, Wife, Children or next of in to any Perfon fo lofing his or her Life, the Sum of one Hundred Pounds; nd for any other Harm as aforefitid, double, the Damage fttftained thereby; to e ordered and ret upon them by the Juflices of the fame County in Quarter eftiens ; who are hereby impowered thereto ; and to render like Recompence for any Carriage, Cart, Horfe, or other Beall harmed or loft, proportionable to he Damage firffered. And if any Perron chofen a Surveycr,fhall refute to accept and take hisOath, e shall forfeit T'wentyShillings; and having accepted do neglect hisDuty,fhall. orfeit for every Negle6t five Pounds : The faid Forfeitures refpeelively tq be o the Ufe of the Town ; and to be recovered by Complaint before the. next uflice of Peace, or at the SelIions of the Peace in the fame County., No Perron to be charged above a due Proportion to the High -Ways, either n Labour or Teams, 1 0 K b S t t J i • CHAP. IX. An A&'t for Regulating of Fences, Cattel, &c. OR the better preventing of Damage in Corn -Fields, and other improved and C0llrn1Orl Lands, by Holies, ,Neat Cattle, Sheep or Swine, going at: large Dano Regal GU L I E L, IcvM A R 1113, iIc` L et Refrii:,r, Qunto. z 6o3, ,, li CE) t . to �. . --�— 4-5_._. 'Yr it cttilttco bp ay, "obernour, Council onb Ecprcictir'atitttN ill Cline- rat Court afCcnatirteb,nab Op the @ntt'yt',tl, Of the faint, r rat • l ever)? TIoo n t'oente ecViones and Peculiar within this Province, there be annually chofen by the Inhabitants and sworn. thereof(at rhe time of their Meering to choofe Select -Men and other Town Officers) two or more meet Perfons, to be Viewers of Fences ; who iihall be fiaylt•,^.rds or Particulars committed to their Care by this ikt1 : As alto two or more Perfons Sworn before a Ju'flice of Peace to the faithful Difehar e of their 01Fice, in the Field•Urlt•ers. for Haytt�arc�s or Field -Drivers, And that all Fences of Polar Foot hibeing Fences of Inn ro Boards„ ,g> , of five Rails, or four that are equivalent, Boards, Stone-IVall, Brooks, Rivers, beFoot accountehigh ro d Ponds orCreccks;equivalent thereto, in the Judgment of the i+ e nee-Viewers,fl?all full c;etic. be accounted fui cicnt Fences : And all Fences in conation Fields and other Grounds under Improvement, that [hall be jndeccl infiliiieient by the Fence- Pera;tyfornoc Viewers, and Notice thereof' given to the Party tlhat of R i;lar ought to maintain f� c!enth'ence the fame ; he !hall facicnrly repair and amend all Micas therein within rhe 4«'• cr& ul. Space,of fix Days nest after firchNotice giver hila : And in Cafe of his Ncgle ca r;. the.Fence-Viewers are hereby inipowered and ordered forthwith to caufe filch 21 c ca 42. 9. dcfcttiv�e Fence or Fences to be fufiiciently made up and repaired aand the Per- 7 t::G.G. fon orPerfons to whom it belongs to make good fuchl��ence, [hall py double the ►� 5c 5.j� ca. Colt and Charge expended for doing of the fame. And in cafe of refufal or ' t'' 2• ca, 10. neglect to make Payment as aforefaid, by the Space of one Month next after an i6 G. z. ca, 5, Account prefented, andbemand thereof made; fiichFence-Viewers may recover How to be the fame, byA& ion,Plainr orInfoi niation,to be brought before any juflice of rhe recovered. Peace within the fame Cdunty, if the Sum exceed hot Forty Shillings ; but if it be above that Sum, then in the Inferiour Court of Common Pleas. ,gtth it i0 furs jeer cnattea ty the £uthcre t•p nfo4fafb, That ho Perfail ons )V'one but Pro- • othcr than Proprietors and Freeholders in any Tot?vn or Peculiar, .{hall lei praetors and Horfe or Horfe•;kind run to feed upon any common Land belonging to fuch to have! anyr Town or Peculiar, and every filch Proprietor and Freeholder shay keep one Horfe run co Horfe-Beaft upon the Common, and no more ; except tach` Proprietors and feed on the Freeholders, every of whore have a rateable Eftare within fuch Town or Pe- C°amen. culiar, of the Value of FiftyPounds, they to have the Privilege of two and no Snare. And the Owner's of all Horfe-kind going upon the Common, are required to Horfes caufe the fame to be entered with the Town -Cl gong Town -Clerk, who is to ]ecce a Boob for on the l.•om- tllat Purpofe, and. therein ret down as well the natural as artificial Marks, and • mon, to 6e en• for every fuch Horfe or HQr{c-kind, [!Pall pay a Fce of`I-liree Pence to the tered with rhe Clerk for his entry : Such entry to be made at or before the tenthDay of ,Arlt To`vn clerk, next, and fo annually; on.Pain that every Perfon negle&ings to to do, [hall fora felt and pay the Sum of ten Shillings for each Default. g And if any Frcebol- der orProprietor than defire to put mo'ref orfe's upon' the Common than is herein before allowed, he (hall firft repair to. the Town Clerk, and make entry of the Number and- Marks thereofas aforefhid,and pay thc Fce as aforefaid for e. ' ry fuch Entry, as alto the Sum of Five Shillings per Head, per Annum, to the Shillings per Head for fuch Neglcc}. Tile of the Proprietors of fuch Commons, on pain of forfeiting thc Sum often And every Town and Peculiar within this Province are required to than f e peribas to annually, two meet Perfons to' fee to the due Obfervance of the A6 relating'to annually cho. orles,, and. to profecute the Breakers thereof: And if any Perron fo chofen fen, to fee to H. it all. refute ta terve,. or neglca his Duty in ahyof the Particulars herein Corn. therbfervance mitted to his Care, he !hall forfeit and pay the, Sum of twe;ity Shillings to the of this Acct. Ufe of fuch Town, And the Town Clerk of each TownrefpcL4ively [hall once in the Year gine Town C'erk an Account and jay in to the Seie&-n of the 1 own, (o much as he [!tall re- to acrount r,ac teive by Venue of this Acer for any Horfe-kind going upon the Common. annually. All Penalties and Forfeitures aritrng forBreath of thisAe'I relating to Herres going,upon the Common, (hall be one- .Moiety thereof' ,anto•the Ufe of the Per �T I'cn,-Ilj;es and fons to be appointed to fee to rhe O��fervance of this Aa, and the orizer Moiety 1;m route to him or them that (hall. inform and fife for the fin b• before any Jtrfiice of the o Peace within the County. c'ft0 r693. 46 Swine to be yoked and ,' ng: d. Fee for im- pounding. Penalty for Sheep going on the Com- mon without a Keeper. Preamble. • oRegniGULIELMI, et MARI.7E,Regis etReeinze,Quinto. egutation of tainett tfit be it further rttoute "ip tljc Qlttttinto' afolcftiib, That all Swine going at large on the Commons, fhall be fufficiently yoked, from the firft of April to the fifteenth of °Reber yearly ; and ringed in the life all s fhall thebear. agle ondaif any Swine be found unyoked or unringed, etheir feafao beingunyoked or unringed fix Pence per Head ; and if found Damage Y to pay Twelve Pence per Head, over and above double Damages to the Party injured. And the Hayward or Field -Driver or any other Perfon may take up and impound fuch Swine. And that there be paid unto the Hayward oreFieeld-Dd er ead for aver, one ll perd Head for all Neat Cartel , or A°a toand three the Pound -keeper two Pence per Head for Swine by him impounded : all Neat Cattel or Horfes, and onePenny per Head for all Sheep Creatures. And taking in and letting out, to be paid by the Owner of And that for every Sheep in every Town going on the Commons without being under theHands of a Shepherd,from the firft of May to the raft of ()So- ber, in every Year ; the Owners or Keeper of Tthe foaid found Sheep, fhall running pay the n the Sutra of three Pence for ever�.o f} 1c Shepherdt or Keeper, betwixt tl-ie firil of Common, not under the Han JV[ay, and raft of October yearly. No Mariner or Seaman to be arrelted for anyDebtmade whila he be- longs to a Ship, &c. CHAP. X. An A& for Regulation of Seamen. 7HEREAS great .hofs and Damage is frequently occafioned to Trade and Navigation by Seamen deferting their Employ or Voyage they are entered upon ; or being taken of from the fame, by Arrefl and Refiraint far Debt, or Pretence t �orRe nedY whereof QCott�tci:C ttn� �K.e�t;efettta« 3t i bettateb arab encuteb lip the t,1 5abernout, That tthca in cctieril court al cntltdeb; an' b tl5c flrong of Liquors, c fame, ni ceeper,ac if any .Innkeeper, ViEtualler, Seller of Win . , g . q or any otherPerfon whatfocver,fhall truft or give Credit to anyMarineror Seaman belonging to any Ship or otherVeffel,without the Knowledge and Allowance la wance ff ggy the Mailer or Commander thereof ; logia°�cfas oraforefaidm (hall be granted a - o contraEted without Knowledge and Al Seaman , until he fhall have performed gainft or ferved upon fuch Mariner or the Voyage he is then entered upon, aiul be difcharged of the thereof, thellf beedee And' d Y every Procefs granted contrary hereunto, and f if�icegof che Peace within the and adjudged utterly void in Law : Andany J or fame County before whom it "hall be made appear, thaor t any MarinerMon Proce - iiianbelonging to any Ship or Ve(f1 of Debt is committed (itch Mariner er or s granted for any Debt or Pretention, Sea- man was engaged and aEtually cntred and in pay on any Voyage, 'hall forth - t with order his Rcleafc. That if the Mailer PenaltY on Zub be it fut•tjjer enafteb lip the Outbolitp afottfayb, m Maters (hip- or Commander of any Ship ori otlierVeffel,fhall'hip anyo r� 'lel,' or after Nio ;,ng Seamen to be firft entertained and 'htp d on Board another Ship ailer or frill: entertain- ed on board tice thereof given him, "hall not forthwith difinifs him ;fo everyerfuch M heSum another Ship, Commander fo offending, being thereof torthe Ufefihall of ;the Poor oftheTowr. &c' of Five Pounds ; one Moiety they where the Offence was committed, and the other Moiety tont or him r atrhni m any hat "hall inform and fire for the fame, by Action, Bill, salty. Seamens Pe- Court of Record ; and filch Seaman fo "hipping himfelf, . ilial! forfeit and pay the Value of one Months Wages that he {]gall fo agree for, to be recovered, Seamen de- employed and difpofcd of in manner as aforefaid, Seaman having ihip'd forting their alta fltt'tijeC it I5 mita, That if any to Mariner roceed in nyVoy age,and under Service to be himfelf on Board any Ship or other Veffe Imprifoned. ,e beim made to appear by his Hand Tet to the Mailer's Book, or 1 z 6i�. ca. z. pay (the "an. ,, 1 p other Anno Regui GULIELMI et MARI2E,J egis et Regins, _tinclentatibeL. into. 169. 47 a other Writing of fuch Agreement) fhall negle& his Attendance and Duty on Board, and abient himfelf from his faid Service, upon Complaint thereof tirade to any Juflice of the Peace within the fame County, fuch Juflice is hereby im- powered to convent fuch Mariner, or Seaman before him ; and upon ConviElion of his fo abfenting himfelf as aforefaid, to commit him to.Prifon,that fo he may be fecured and forth -coming to proceed on the Voyage,,he has fo agreed to;and to be delivered by Order of thejuflice that committed hitn,or• Tome other Juftice in the fame County. CHAP. XL An At to prevent Default of Appearance of Reprefentatives to ferve in the General Afembly. HERE .4 Sthere has been a Negleel in fond Sher s in Obfer- preamble: vance of their _Wellies Writ to them directed, for tin convening and holding ofa Great and General Court or Affembly, timely to See the At i,ffiee forth their Precepts unto the feveral Towns "within their Bailiwick or 4. w. & 14. • Precinct, for the dealing of Reprefentatives to ferve in the Great and Gene- ca. 19. ral,Court or AfJembly, and have alio not taken due Care to have Returns of their faid Precepts. .And for -as -much as many Perfons elefed for Reprefen- tatives, and having Summons, are not careful to give their .4ttendance ac- cordingly in due Time ; whereby the publick .Afairs for their Majeflies Ser- vice are prejudiced : . For Remedy whereof i . e It ettalcteb b tfjt (5flertiour, Courant arab tteprcfctltattec Itt (bC: Sheriffs ro ,,,�, �� make out mot Court atfetntrteb, anti bp trje clr'tbofitp of the tante, a . IN o baitlCii their Precepts anti tuatteb, That ,every Sheriff upon Receipt of their Majefties Writ for the in feven Days convening and holding of a Great and General Court or .AfDethbly, (hall fortli= afar Reteipt with make out his Precepts under. his Seal, in Form as by Law is dire led, unto :of.tre`r Ma - the Seidl -men of the feveral Towns >,� ithin his County, and caufe the fame to Ie(ties w rrt: be .flfely conveyed and delivered onto one or more of filch ,Selea-men, within the fpace of feven Days at furtljefl next after his Receipt of filch Writ as afore- faid ; and 'hall likewife rake effectual Care for having his Precepts returned to him again from the faid Towns refpeElively, with what 'hall be done pit -aunt thereto, by the Day therein prefixed, and caufe the fame to be brought in to the Secretary's Offiee as by Writ he is cotiirrianded. And the Selea;men of each Town upon Receipt Of the Sheriff's Precept, sole -men !hall caufe the Freeholders and other Inhabitants of the faid 'Town drily qua- to caufe the lified as in the faid Precept is mentioned,to ,be affembled and meet at fuch Time 'Town to be and Place as the SeleEl-men or the major Parr of them "hall appoinr,to ere& and airembied for depute one or more Reprefentatives for filch '!'own, as by Law they may, and chole. of Re= 'hall caufe the Perfon or Perfons fo eleEfed and deputed by the major Part of PrefentatIves. the Electors prefent at fueh Meeting, to be timely notified and fiinttnoned by one or more of the Conflables of the faid Town, to attend their Majeflies Set - vice in the Great and General Court or Afrembly, upon the bay, and at the Time and Place appointed for holcling•of the fain?. : And the Se cit -men or the Penalty on major Part of them, 'hall make Return of fucli Elettien under their Hands Sheri a lot upon the faid Precept, or annexed thereto, in Manner and Forni as by Law is Neglect of prefcribed ; and caufe the fame to be delivered unto the Sheriff -of the County, Duty. at or before the Day therein prefixed for return of the fame ; on Pain that e- very Sheriff negleEting his Duty in any of the Particulars before mentioned; "ball forfeit and pay the Sum of Fifty Pounds. • And every Selc&-man or Conflablc in any Town neglecting hisDr.,ry of the Particulars before mentioned; fli:ill intr• the Pain and Forfeiture c Pounds. And every Sherif-Mall be allowed for his Trouble and Charge in fencing Cut his Precepts, Forty Shillings, to be paid out of the County Treafur;7. G And Penalty ori `dee inert term: bJes. Sheriff iowa..ce. M 1693. firma Regni G U L I E L M I, et M A R I.7E, Re L et legging, Sexro: OljetnfCft of toe Indians. 48 Sele&-mens Allowance. Penalty for Reprefenta- tives Non -at teadance the llrlt Day of the Court. Reprefenta- tives to be Freeholders and Refident Penalty on Perfons vo- ting, being not qualified Voters quell oned, to mak Oath. And the Scle&-men to be paid by the Town for the Charge of returning their Precept, for which shall be paid three Pence a'Mile. Perfon 521.0521.0be it further enacteb bp: tije 2itttbo�itp aforefaib, That every eleEted to ferve as a Re refentative for any Town in any Great and- General Court or Afl'e►nbiy, and being furnmoned thereto, than give his Attendance at the faid Court on the firft Day appointed for the Court's Sitting (Without rea- fonable andjuft Excufe for his Abfence, being made and allowed of by the Houle of Reprefentatives), on Pain of forfeiting the 11 um of unto Shillings unlefs fuch Perfon being prefent at the Ele&tio , [hall m. bly hisNon..acceptance of theService ; or upon Notice thereof given him, forthwith fignify his Non-acceptance unto the Select -men by Writing under his Hand : In which Cafe, the SeleEt-men !hall call the Town together again to elect a -new, that fo they may enjoy their Privilege. That not any Town in this Province shall chufe any Reprefentative, unlefs fuch be a Freeholder and Refident in that Town or Towns, fuch are chofen to reprefent. Ilial! prefume ro And if any Perfon not duly qualified according to Law, vote in the Choice of Reprefentatives, one or more for any Towrt ; or fhall put its more than one Vote for anyonePerfon in fuclvChoice,being thereof conviet ed ; he shall forfeit and pay rhe Sum of `Support Pounds, one Moiet'ytthereof un- to their Majeffies for and towards the `Support of d eefoGr thernment, and the other Moiety. to him or thein that shall inform an All Perfohs than l -put in theirVotes unfolded to the Select -men or Conflables . appointed to receive the fame. i_ And that where any Perfon offering to give in his Votes for Reprefentatives atives e in any Town, [hall be queftioned by the Seleet-men of the faid Town as to his being capable by Charter to vote ; the faid Perfon or Perfons giving his or their Oath that they are bonl fide worth forty Pounds Sterling, or an EfIate of Freehold to the Value of forty Shillings per Annum, bee the aft 'AceClof the h e Peace.or in theAbfence of a Juftice of the Peace, is hereby irnpowered to adminifter the fame, he or they than be accounted capa- ble of voting, and put in his or their Votes accordingly. A11 Fines and Forfeitures arifing for Breach of thisA&t or anyBranch thereof, and not otherwife therein before difpofed of, {hall be unto theirMajefties,for and towards the Support of the Government; and be recovered byA&tion,Bill, Plaint or Information, in any of their Majefties Courts of Record.. Fines and Forfeitures how to be di fpofed. tots. ca. 6. x z W. ca. to 13 W. ca. 21 2 zI. ca. 4.. It 4. ca. S. 4 G. ca. 6. 6 G. ca. 2. 21 G. 2. ca. 3. • A&s and Laws, Paffed by the Great and General Court or Affembly of the Pro- vince•of the Mafzchufetts-Bay, in New -England, begun at Boffin the eighth Day of November, 1693. and continued by Ad- journment unto the fourteenth Day of February, following. 1 CHAP. L An Ad for the better Rule and Government of the Indians. in their feveral Places and Plantations. the Intent that the Indians may be forwarded in Civility and Ghri/V c antty ; and that ¶runkennefs, and other Vices bef y fupprefed among{ them : 115e it cnatteb ant, opaineb bp the Cobcrnour, Council anb tepre- fentatibca in c11:5enerat Court afetnbleb, anb Governour,it nb abd withj audio:it!! of the fame, That his Excellency theby ' a and is herebyimpowered to the Advice and Confent of the Council, tna y, p appoint r 4 Anno RegniGUL1ELMIet M4RI.ii,Regis etRegine,Scxto. 1693. abutment of the Indians, appoint and`commifiionate one or more difcreetPerfons within feveralParts of this Province, to have the InfpeEtion and more particular Care and Government of the Indians in their refpe&ive Plantations ; and to have, ufe, and ,exercife the Power ora Julice 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 punifhing of criminal Offences, according to the A els and Laws of the Province, fo far as the Power of a Juftice of Peace does extend. A s alfo to nominate and appoint, Conftables, and other proper and neceflary Officers amongft them. 21n0 be it further cnatteb bp tie Zutbolite atolcfaib, That no Perfon of Perfons whofoever, [hall direEtly or indireClly, fell, truck, barter or give 'to any Penalty for Indian, any firong Beer, Ale, Cycler,,Perry,WTine,Rum,Br•andy, or other thong felling (!tong Liquors, bywhat Name or Names foever called or known ; on Pain of ' for- feiting Drink co` � Idians, the Sum of forty Shillings for every int; and proportionably for any greater or letter Quantity fo fold, trucic'd, bartered, given or delivered to any Indian direelly c,r indire&ly as aforefaid ; upon Convi6tion thereof before a. Juftice of the Peace, where the Penalty does not exceed forty Shillings; and if it exceed that Sum, at the Seflions of the Peace to be holden for the fame County where the Offence is committed : one Moiety of all fuch Forfeitures to be unto their Majeflies, for and' towards the Support of the Government; and' the other Moiety to him or them that fhall inform and profecute the fame, by Bill, Plaint, or Information. And if the Offender be unable,or !hall not forth- with pay and fatisfy the faid Penalty or Forfeiture, then to be committed to the - Goal of the County ; there to remain until he pay and fatisfy the faine,or fuffer two Months Imprifonment. Provided, This A& Pnall not be intended or extend, to rennin any AEI of Charity for relieving any Indian (bona fide) in any fudden Exigent or Faintnefs or Sicknefs, not to exceed one or two Drams ; or byPrefcription of fomePhy' fician in writing, or by the Allowance of a Juftice of Peace. And for the better Vifcovery of fuch ill difpofed Perfons, who through Greedinefs of filthy Lucre, fhall privately fell, or deliver flrong Liquors, or flrong Drink, to any Indian or Indians : (of which it is difcult to obtain pofrtrve Evidence, other than the Accufation of fuch Indian or Indians :) And to the Intent that Murders, and other Outrages frequently occafioned thereby, may be prevented 3t-io opbaincb ant, enai:tcA, That, the Accufation and Affirmation of any Indian, with other concurring Circumftances ; amounting to an high Prefump- Indian Accu: tion in the Difcretion of the Court, or Juftices; who have Cognizance .of the fation, with Cafe; (the .Accufer and the Accufed being brought Face to Face at the Time(el cu concurring of Trial)!hall be accounted and held to be a legal Coiivielion of the Perfon cessto aflan- fo accufe, of giving, felling or delivering Wine,Rtim, or anyiother ftrongDrink tosa Convai- or Liquors to fuch Indian ; unlefs the Party accufed Miall acquit him or her on : Unlefs, felf thereof upon Oath ; which the Court orJuftice refpeCtively are hereby im- &`' powered to require, and adminifter unto the Perfon accufed,inForm following: That is to fay, you A. B. do Swear, `Khat neither your felf, nor any other by your Or- Form of the der, general or particular, ,Affent, Privity, Knowledge or Allowance, Oath. direelly, or indireftly, did give, fell or deliver, any Dine, Cyder, Rum or other firong Liquors or Drink, by what .Name or ,NVanies foever called or known, unto the -Indian by whom and whereof you are now accufed. So help you GOD. int, further it io enacteb, That it fhall and may be lawful to and for any StrongDrink Perfon or Perfons to feizc any Wines, strong Liquors or Cyder, which he or found with they may find in the Cuftody of any Indian,not obtained byAllowance as afore- Indra„s) to be raid ; (other than Cyder made of Fruit of their ownGrowth) and to deliver the feized. fame unto the Conflable, or one or more of the 'Select-inen of theTown,where the fame (hall be feized ; to and for the Ufe of the Poor of fuch Town ; and to apprehend fuch Indian, and to caufe him or her t� be conveyed before the next Justice of the Peace, to be examined, where and of whom they had fuch strong Drink. G 2 And L'ommiiiio- net: to be appointed in feveral Parts, to have the more particu- Jar!Care and Government of the Indians. p4' 1694. Amo Regni GULIELMI etMARI.E,Regis et Reg%ne,Sexto. 52 Saving for Perfons divor- ced, or marri- ed within the Age of Con- tent. Preamble. ca. 13. 1241. ca, ono, U%tLtagc , &C. enabteb to fu.e, fpace of feven Years together in any Part within their Majeflics Dominions, or elfe where; the one of them not knowing the other to be living within that Time, Provided alfo, That this AFt or any thing therein cdntained; (hall not extend to any Perfon or Perfons, that are or !hall be at the Time of fuch Marriage divorced by any Sentence had, or hereafter to be had, as the Law of the Pro- vince in that Cafe has provided.; or to any Perfon or Perfons,where the former Marriage has been, or hereafter (hall be, by fuch. Sentence had, declared to be Void and of no EITe& : Nor to any Perfon or Perfons, for or byReafon of any former Marriage had or made, or hereafter to be had or made within the Age of Confent : That is to fay, The Man fourteen Years of Age, the Woman twelve. Ads and Laws, Paired by_ thea -Great and General Court or Afrembl,y of the Pro» vireo of the Mafachsrfetts-Buy in New -England, begun at Boflon the thirtieth Day of May, 1694. And continued by Adjournment unto the fixteenth Day of Oflober following. CHAP. V. An A& to enable Towns, Villages, and Proprietors in Com- mon and Undivided Lands, &c. to fue and be fued. IIEREAS amongst/ other Things in their Majeflies Royal Charter for Incorporation of this Province; It is contained and granted in thefe Words following: That is to fay, "Provided neverthelefs, rr And we do for Us, Our Heirs and SuccefTors, grant and ordain, that all and ' every fuch Lands, Tenements and Hereditaments and other Eflates, which rr any Perfon orPerfons, Bodies Politick or Corporate, Towns, Villages,Colleges or Schools, Do hold and enjoy, or ought to have, hold and enjoy within the Bounds aforefaid, by or under any Grant or Eflate,duly made or granted by any General Court formerly held, or by Vertue of the Letters Patent herein before recited, or by any other lawful Right or Title whatfoever ; !hall be << by fuch Perfon or Perfons, Bodies Politick and Corporate, Towns, Villages, Colleges or Schools, their refpeelive Heirs, SuccelTors and Afligns for ever hereafter, held and enjoyed according to the Purport and Intent of fuch ref- peEtive Grant, &c. .end whereas by one At? -of the General Court Intituled, An Aet for the, , Regulating of Townfhips, &c. Slone other Things, 3t to cliatteb, That the. Proprietors of the'Undivided or Common Lands within each Town or Precin& in this Province, where the fame have been heretofore Bated, each one's Pro- portion being known, (hall, and hereby are impowred to order, improve or di- vide in fuch Way and Manner, as !hall be concluded and agreed upon by the major Part of the Interefled. And the Proprietors of all Undivided or Common Lands not (fated and proportioned as aforefaid, (hall and hereby are impowred to manage, improve, divide and difpofe of the fame, as hath been or. (hall be concluded and agreed on by the major Part of fuch Proprietors, .Now for the better enabling the faid Perfons, Towns, Villages, Trufees for Schools and Proprietors aforefaid, to maintain, recover and defend their Grants, Lands, Interefls, and Efiates : 9.3e•it niacteb anti bedaub by t! a Oobcrl ur, Coultuit ' Hath lltepr£ienta= titin, 1113tntrat Court naentbteb, anti by ti £ fititfjogtp of tijs facie, That it !hall and may be lawful for all and every the faid Perfons, Towns, Villages, PrecinCs, Truftees for Schools and Proprietors in Common - and Undivided Lands, Perfons, Towns, Villa- ges &c. to fue or defend in any Court., .rr rr I( rc it et ,4I f5 A ii L,d7,rifio i Yi 111 SII IYi•Il IiI i (,III ILI iII i0�, ii 11ll yam, 4 t. Anno Reg ni-GUI, I EL M I et M A R I JE, Regis et Regiare, Sexto. 1694. egntatt-on of fert'trg • .53 t a.—. , —. yd..- • . — ,. . em-..-+—. ..._u. -w -... -Lands, Grants, and other Eflates or Interefls whatfoever, to file, commence and profecute any Suits or Atiiuns in any Court proper to try the fame, either by rhemfelves or their Agents or Attorneys, to be appointed by fuch as have in them the major. Part of the Interef t :, A nd in like Manner, to defend all fuch Suits. and Actions as.ihail be commenced against them or any of them. 2nb furtijt'r lie it niacin It filje Autbotitp afo efaib, That all: and every Towns Villa- Town, g&c. co Town, V it!age and 1 recin6t, and Proprietors in Cantron or Undivided Lands, chole C.gencs which !hall havc.Occaflon to f:e or; fl�al! be fued ; may at a Meeting of the er Afttorne}s Inhabitants of fuck Town, Village or Precin&, or Proprietors aforefaid, orderly to profecute warned, bythe major Vote of fuch as Mall meet, chc.ofe AI gents or 'Attornies to cherG,Torcad.ef4e.nd, J g profecute for,or defend them, fuch Choice being certified by the Clerk of filch - Town, Village,, Prccin& or Proprietors, or by fuch other Perfon as they Niall appoint. How Sum- ° And when arty Town, Villa g e Precin& or Proprietors aforefaid, !hall be fu ed, mons mall be k (hall be fufficient Notice to oblige.them to appear and anfwer; to leave a Writ Jigs towbn or Summons with their Clerk, or other principal Inhabitant* or Proprietor &c.toanfwer, (briefly declaring..the Cafe) fourteenDays before the Sitting oldie Courr,where the Cafe is to be heard ; as in other Actions is provided. CHAP. VL An AO for- Regulating Ferries. O thelntcnt t at. all.tries within this Province be duly kept/and con- Preamble. fr ,a.nt1, , attended �ar the Ends whereunto they. area appointed � y f y �� ?fir, it t'ttit;tch lip t1 e: �.oWrno,ur,Ci uttcit .a b1! cprc 'orbit ; 2ditionaId � � >,. t� c� rttd�enrCcli� ds CotICC a:1,mtii in, anO, lap die., 2.tatiio.tity of the fatal!', That henceforth no ca. 7, Perfon. or �'erfons whatfoever, fhall attempt. to keep a Ferry (Co as to de-. ca. I. • mand Pay) without fpeciai Licence firft had and obtained from their Majeflies 17: ca: 3. Jufiices in Quarter Sell -ions, of that County where fuch Ferry; is ; who are here-a.n e by impowred to grant Licences to fuch Perfons as they ll�all judge meet for that 'caService, in their refpeEtive Counties ; and to flare the .1;ire or " :ces.of each .z. cFerry,, both for Man and. Beall, according to the Nature and Breadth of fuch River, or Water they are to pafs over ; 'taltin Bond of each Ferry -Man for the,. faithfulDifchar e of hisPlace exce t fuchFerrics as are alreadyflared and fettled, be L;cenfed g � p by the quarter either by theCourt orTowns to whom they appertain) : And'allFerr.y-Men are sed'ions. hereby enjoined to.keep a goodBoat orBoats in goodRepair,fuitable to theWatcrs they are to Ferry over; an&alfo to give ready and due,*,ttendance on Pafl"engers To givel3or,d. upon all Occafions, on Penalty of five Shillingr for every Default of Non - Attendance ; and for want of a good Boat kept in good Repair to pay five N naltai enor Pound.,; the one Half to their Majeilies for and towards the Support of the dance and GoverntYient, the other Half to him 'or them that !hall inform and fue for the pot keeping fame, before a J u lice of the Peace or at the Quarter Seflions refpe&ive'ly, good Boats. betides whatDamage may accrue to anyPerfon through theFerry•Man'sDefault. .crib furtbtr it i0 macteb, That the General Poft that is fettled for their Penalty for Majefties, and the Countries Service, be readily difpatched, and: fet over by all delaying the Ferry -Men where they (hall come without any Delay. And if any Ferry -Man Pott. (hall be complained' of, and duly conviEted before any Jultice of the Peace, for .delaying any Poff, and not forthwith ferrying• of him over, he (hall forfeit the m Sum of Twenty Shillings unto their Majeflies for and towards the 'Support of the Government. And that Boats be conftantly kept on either Side of theWater at Charleftrown Afiembly- Ferry,for the more fpeedyFranfportation.of Paftengers,theFerry-Men.on each rnen to pats Side to have a feperate Intereft ; and that the Ferry be not from henceforth i'crriage frec. Leafed out otherwife. And all rhe Members of the General AfTembly (hall be Ferriage free at all Ferries in their paling to and from the Afrembly, and (hall he tranfported without any unnecefTary Delay, on pain of forfeiting Twenty Shillings as abovefaid, 9 CHAP. 1694. Anna Regni Regis G U L I E L M I, III. Septimo. 54 ctthing of Action) &c. Preamble. A&ts and Laws, Pafl'ed by the G -eat. and General Count or Affembly of the Pro- vince of the .Mafachuf lts-Bay in New -.England, begun at &fon the thirtieth Day of May, 1694. And continued by feveral Ad- journments unto the twenty-feventh Day of February following. • CHAP. I. An Ad for reviving of A&ions and Procefs, lately depending in the Superiour Court of Judicature, Court of Affize and General Goal Delivery, within the County of Efex, and difcontinued by the not holding of the faid Court atSalem upon the fecond Tuefday in November, a, 6 g 4. HERE AS by Realm of Bicknell, and other .more weighty Oc- cafions of the Province intervening ; the Superiour Court of Judi- cature, Court of ,.�fze and General Goal Delivery, could not be held and kept, at the Time prefixed fry Law for the Sitting of the fame at Salem within the County of Eflex, upon the Second Tuefday in November, in the Year of Our Lard, One Tboufand fix Hundred Ninety and Four : For which, if due Provifton be not made, great Delay of fuflice, and confequevtly great Expences to the Suitors in the faid Court will enfiie : Therefore for the Continuing and Reviving all; manner of :417ions or Pleas lately depending, and all manner of Procefs that were returnable or depending in the faidCourt, and which were difcontinued and put without Day by the not holding the faid Court zc it rum ftp tfje Lieutenant dBoinrnaur, Council anb Tteprefeitta- ttiheo. in tt5enetal Court afetntiteb, ant' bp the .autjolite of the fame, That all Pleas, Writs, A&ions, Suits, Plaints, Procefs, Precepts or other Things whatfoever, that were returnable, or had Day or Days in the faid Superiour Court of Judicature, or Afrz-e and General Goal Delivery,to have been holden and kept as aforefaid ; 'hall Eland continued, and be revived, and are hereby continued and adjourned unto, and (hall and may be pleaded, heard and proceeded upon at the next Superiour Court of Judicature, Court of Aflize and General Goal Delivery within the faid County of ETex, to fit at Ipfwich on the third Tuefday in May next entering. And that all Parties that had Day by any Pleas, Writs, Bills, Aelions,Suits, Plaints, Procefs, Precepts, or other thing or things whatfoever at or in the faid Court, to have been kept at Salem as aforefaid; !hall refpe&ively appear at the faid next Court to be holden at Ipfwich, under 'the Penalty of forfeiting any Obligations or Recognizances Conditioned for the Appearance of the faid Par- ties at the aforefaid Court in Salem, or under any other Penalty that might have incurred upon the, faid Parties, for not appearing at the faid Court in Salem, if the fame had been there holden and kept. Provided neverthelefs, and it is not to be undet'flood by any thing herein con- tained, That the Jurors chofen and fummoned to ferve at the laid Court at Sa- lem, are obliged to appear and terve at the faid Court to fit atlp/wich ; but that new Jurors (hall be chofen to Terve at the fain Court as of Courfe. Provided alfo, That where it happens any Perfon or Perfons being Princi- pals that were_u_nder Bond, Obligation or Recognizance for Appearance at the faid Court to have,bcen holden at Salem, are (ince that removed and gone be- yond Sea, or out of' this Province, and than not be returned before the Sitting of the next Court to be held at Ipwicb ; it fhall be in the Power of the Court Sitting • 1 1.1. I. D it 11 J I 111 I .48;:o Regni Regis G U L IEL rvi I, III. Septi lno. Sitting at Ipfiuich, upon Motion made on that i3chalf,and they are accordingly to allow a Continuance of any filch Bond, Obligation or Revgnizancc to fuch further Tirne as (hall be thought nece'rtry ; that no Perfon concerned may be furprizecl or have Advantage unrcafonably taken againft them. club lie it further enattih bp tje 91tabolftp atnWafl, That when and fo often as it 'hall happen the : uperiour Court of Judicature, Court of Aifize and General Goal Delivery, or the Inferiour Court of Pleas, in any of the refpe&ive Counties within this Province, cannot be held and kept on the Day by Law pre- fixed for the holding of the fame by Reafon of Death or Sicknefs befalling any of the Juflices of fuch Court,or any providential necefiTtry and unavoidable Let or Hindrance of their Attendance ; it fhall and may be lawful to and for any two of the Juflices of filch Court refpeaively by Writ under their Hands and Seals directed unto thc,Sheriff of the County, therein inferting t he Occafion thereof, to Adjourn the Paid Court unto a further Day, as in the faid Writ (hall beexprcfied, at as little Diflance of Time as poflibly may be from thc 'Day whereon by Law the Court lhould have fat, that fo Juflice be not deferred or delayed : And the Sheriff upon Receipt of the faid -*frit, 'hall caufe Publica- tion to be made of the fame, at the uf'ual Place of the Paid Courts Sitting, and fome other of the moll publickPlaccs within the fameCounty, and alto to caufe a Signification of fuch Adjournment, and the Time unto which it is made, to be pared up at or` near the Houfe or Place where the raid Court ufes to fit, and other publick Places as aforefaid ;- to the Intent that unnecefTaryTravel,Chargc and Attendance of all Perfons concerned may be prevented. And the Sheriff is to return fuch Writ with his Doings thereon into the Clerk's Office of fuch Court: And all Pleas,Writs,A&lions,Suirs,Plaints,Procefs,Precepts, Recognizan- ces and otherThing andThings whatfoever returnable or havingDay or Days in the faid Court, 'hall '}and, abide and continue unto the faid Adjournment, and beheld, deemed and adjudged to be as good, ell:canal and available in Law to all Intents, Conf1ruStions and Purpofes, as if fuch Court had been held and kept on thc Day by Law for holding of the fame, and • no Adjournment thereof had been made. CHAP. IL An Ad for the more effeaual fuppreffing of Drunkennefsf and putting in Execution the Law's again'' fuch as limit prefume to fell !hong Drink without Licence. I-IEREAS divers Pel f ns that obtain Lice;1Ce for the Retailing of bine and /lrong Liquors out of Doors only, and not to be /pent or Prelmble. drank in their Houfes, do motwithf anding take upon them to give Entertainment to Perfons to It Drinking and Tipling there; and others who have no Licence at all, are yetfo hardy as to run upon the Law, in adventuring to fell without ; tending to the great increafe of ?)runkennefs and other De- baucheries : lied) Houfes not falling under the Ir f+recclion of Ofcers, as thofe that are Licc need : ltetai'ers to 1.13t it tiTt'tcfoee et'acteb by tie'jieuteualit d5oorrnbtir, Council ani z.se- fell nu other prefentatitieis !n Central Qt out•raffertjcb,aiib f p:lit atitf'arity of tree fame, forts of Drink That from and after the Publication hereof, every Perfon and Perfons now Li. than what cenced or that (hall hereafter obtainLicence to retain aline and fIrongLiquors to be theyencedare Li- nt 'peout of Doors, and not otberwife, who fhall be convi&c ed of entertaining or to fufferto, Pernor - fuffering any Perfon or Perfons to fit drinking or tipling in their Houfes, Cellars, fens to drink Bad:fidcs, .or within any of theDependencics of fuchHoufes ; or of felling any o- in their Hou- ther Cott ofDrink than what theyhaveLicencefor,fhall incur and {idler the likePe-fes, ��. �. 61 �C:�:.ca. � nalties and Forfeitures as may byLaw he inflicted uponPerfons felling without Li- cence : to he recovered and employed in Manner as by the faid Law is direCted. OfFcers to in - And all Officers as well Grand -Jurors, Conflahles, Tythinn-Men, as the fit public!: r ,hereby iloi fes, & to Officers employed in and about the collcccling of the Excite, arc autho- fee that A61 be du.] of fcr� eel • .. ncl to ,re- picky fuch as rued and required diligentlytothis y ' } wahout. H . fent 1694. 55 Poser for ad j- urning of Lcurts. i 694. 2inno Reg;ri Regis 1G U L I E L M 1, II'L Septitilo. 4 56 ons n-t'baitt .ahfcntthg tbemfetb 5, &c. fent and inform of all Breaches of the fame, either at the Court of General Seffions of the Peace, or to fome Juflicc of the Peace ; who arc hereby re- fpective]y unpowered to hear incl determine the faid Offence according to Law as alfo aline to prefcnt or inform of any that fhall prefume to fell any Sort of flrong Drink without Licence. And it fhall and may be lawful to and for any of the aforefzid Officers refpeectively ex Officio to enter into and infpcer'r theHoufe of anyPerfon having once been convicted of felling without Licence, as they may by Law into Licenced Houfes. And if any of the before -menti- oned Officers (hall be convicted of taking or receiving any Bribe, Fee 'or Re - Penalty for ward, direeily or indirectly to connive at, conceal, or not to *prefent or inform receiving any again(' any Perfon or Perfons being Licenced to Retail for fpending out of Doors Bribe, &r, only, that (hall fuffer Perfons to drink or tipple in their Houfes or any of the Dependencies thereof; or for any others who (hall prefume to fell without Li. cence ; every Officer fo offending, ±ball forfeit and pay three times the Value of all and every filch Sum and Sums by him received as a Bribe,'Fee or Re- ward ; .one Moiety thereof unto their Majefies for and -towards the Support of the Government, ,and the other Moiety to him or them that !hall inform and fue for the fame in any of their Majeflies Courts of Record. And if fuch Of ;. cer be one that is employed abort the Excite, over and above the Forfeiture aforefaid, he (hall lila fano -be 'difcharged of and from his faid Office, and be rendred uncapable to be employed in any publick Service as an Officer, by the fpace of three Years next following. dab be it funljce enacteb by tije antfjolitp afozefaib, That if any Perfon Licence to be licenced as a Taverner, Innholder or Retailer of Wine or firongLiquors out of forfeited conn Doors, !hall tranfgrefs this A& or any other Law of the Province made for the viElion. Regulation of fuch Houfes, in any of the Particulars therein mentioned, and fhall be more than twice convicted of fuch Breach of Law within the compass of one Year; every Perfon fo offending, over and above the Penalty -in theLaw for fuch Tranfgreflion, (hall forfeit his or her Licence, not to be renewed again by the fpace of three Years next following. Perfons una- And if any Perfon or Perfons duly convieled of the Breach of Law in any of ble,ornegl err the Particulars herein before -mentioned, or of felling without Licence, shall ingtopaythir be unable, or neglect to pay and fatisfy the/tine impofed.byLaw forfuchTranf- bepu ilhed. greflion ; it shall and may be lawful to and for thcCourt orJufticc before whom the Convier}ion is, to order filch Perfon or Perfons either to Eland committed to the Goal of the County by the fpace of twenty Days without Bail or Main - prize, or to be fet in the Cage, or Stocks, to remain there, not exceeding the fpace of three Hours. Select -men to 210 ft io further ctuutcD lip tijc Zutljrlfty afotefalb, That the Selec}.men caufe reputed in each Town (hall caufe to be polled up in all publick Houfes within (itch tUflktdiJa - Town, aLift of the Names of all Perfons reputed Drunkards or commonTip- ed up. lers, mifpendtng their Time and Eflate in filch Houfes: And every Keeper -of 4W.&117,ca.6. filch Houfc after Notice given him.as aforefaid, that .'hall be convicted before Penalty on the one or more Juflices of thePeace of entertaining or fu Tering any of thePerfons Keepers of narnedin -fuch Lift, to drink or tipple in hi; or her Houfe,or any of theDepen- public Houfes dencies thereof, (hall forfeit and pay the Sum of Twenty Shillings ; one Moi - giving them ty thereof to him or them who (hall inform.of the fame, and the other Moiety Entertainment to and for the Life of the Poor of the Town where fuch Offence fhall be,cotn- mitted. Preamble. CHAP. III. An A& for preventing of Mens Sons, or Servants abfenting themfel,ves from their Parents or Mailers Service without Leave. HE R.E 4 2 Conttplaint has been made by fundry Inhabitants of this Province, that they have fiiained great Damage by their Sons and el -wants deferting their ,Service. without Cogent of their Parents or Mailers, being [III m. i 1' 111..1 ai Arno Regvi Regis GULIELMI, II rant) juro4s, &c. Septitno. 1694. 57 • being encouraged to enter then(elves on Board private )l1en of Tamar, or Afcr, chant Ships, and there entertained : , For Redrefs whereof `l.^.f it eniicteb by the tttuttnatlt IDotenrntir, COttlttrii anb iii. Trefrn: tatibc , in '¢herds Court afl£nhtcb, ano be tlje ,Qiritb o�ttn of tijc fame' Penalty on That no Commander of any private Man of,War, or Mailer of any Merchant Commanders Ship or VefTel, coming into, tarrying or abiding in, or going forth of any Port' rShi'r fvlsaf}�'ers . of Harbour or Place within this Province, (hall receive, harbour, entertain, con- forpenterta;n-. ceal or fecure on Board fuch Ship or other Veftel, or fuller to be there har- ingMens Sons boured or detained, anv Man's Son being under Age, or Apprentice, or Cove- or Servants nant Servant (knowing him to be fuch, or after Notice thereof given) without.wthoutLeave Licence and Confent of his Parent or Mailer, in Writing under his Hand firfl had and obtained ; on Pain of forfeiting the Sum of five Pounds perWeek, and i lV at'b, fo proportionably for a longer or 'honer time than any Son, Apprentice or Ser- vant, (hall be held, harboured, concealed or detained on Board any fuch Ship or otherVefl'el as aforefaid, without Licence and Confent as aforefaid ; the one Moiety thereof unto their Majeflies, to be employed towards the Support of the Government of the Province ; and the other Moiety unto the Parent orMaflcr of filch Son, Apprentice or Servant that 'hall inform and file for the fame. in any of their Majeflies Courts of Record within this Province, by Bill, Plaint or .Information ; wherein no EfToin, Protection orWager of Law 'hall be allowed. lob be ft furtlict cnacteh by the 2utilo fitp afo,efafb, That ever A > >ren- 'r y }1 I'c'D3tnn tic or Covenant Servant,who [hall unlawfully abient himfelf from his Mailer, Fen a t- de - and enter himfelf on Board any Ship or Vcfl'el as aforefaid,with Intent to leave ferting taeir hisMafler's Service ; or continue there more than the fpace of twenty-fourHours, P'lailcra Jer- and be thereof conviaed before their Majeflies juftices in General Seffions of vice. the .'race within rhe fame County ; !hall forfeit unto his Mailer fuch further . Service from and after the Expiration of theTerm which his faid Mailer had in him at the Time of his Departure, as the faid Court shall ordGt,not exceeding one Year. I HAP. 1\ An A& for Grand Jurors ferving at the nailer Self ons of the Peace, and punlfhing Defaults of Jurors Attendance. '0 the Intent that due Inquiry and Pref ntment may be made unto the Court of Qyarter ,SetEons of the Peace within the refpetive Counties, of Preamble. all M fdemeanours, ()fences and Preaches of Law, proper to the Cog-- nizance of the faid Cotcrt hitpning within fuch Count for the u re rng and unr in ofthe fame ; and tbat7itrors may duly attend heSe� _ oorwhich �' .�' g ,/� f they are chofen : 15e it enacteD by tiic t,fttitcttant Cobcrnour•, Council an JiLcprefcnta= LION, in annul Court att£tta[lei,,anb by t'b e 2i;tfio;ftp of the faun, That Grad Jurors the Clerk of the Peace of each fevcral County (hall annually, fifteen Days at to terve a Putt kart before the Day for holding of the Court of Quarter Seffions of the Peace 4 pyr'& Mt for filch County, ifl"ue out Writs directed unto the Conflables of therefpc&ive ca. '- Towns within the fame ; requiring them or one of then[ forthwith to warn a Meeting of the Inhabitants duly qualified by Law, for the chuffing of' one or more Grand Jurors, according to the Number fetch Town has been accuflomed to fend, or otherwife (hall he appointed for them by the juflices of the faid Court ; and the Perfon or Perfons fo chofen, to warn to appear at the next Court, and the following Courts of Quarter Seffions (ticcefively, to be holden' for the fame County within the fpace of one Year, and there to attend theSer- vice belonging to Them ; and to make Return of the faid Writ with his Doings thereon accordingly unto the faid Clerk's Office, befoi e the opening of the faid Court : And if any Conftable !hall fail of performing hisDuty by the faid Writ required, or fcafonably to return the fame, he (hall forfeit and pay the Stam of forty Shillings, And the Perfons chofen and returned as aforefaid appearing, (hall he impanclled, and fworq a Grand Incjueft for the Body of fuch Count and (hall continue in the faid Office for the fpace of one fill! Year, and tui I [•"! Their Duty. Hothcrg 1694. 4117;o Regni Regis G U L I E L M I, III. Septinlo. 3 .ii tng of ttiolln5 Forty Shil- lings Fine for Non-appear- ance. Petit Jurors making De- fault; to be fined, not ex• cording 20 I. 3 G, ca 5. Aft to prevent MENU in the appearance of ,Jurors. io %l'. ca t o. Fines and For- feitures to come to the County. How t.o be Levied. Grand Jurors Allowance. 6G.zca. 6. iG.ca. 5. 5Y1W.&M. ca. 2- 2 G. ca. 3. G. ca. 3. Preamble. others be chofen and fworn in their -Stead: whole Duty it thall be to inquire and duly prefent the Breach of ail fuch good and wholfonie Laws, as are or (hall be eilablifhed within this Province, and alt filch Mifdemeanours as are proper to their Inquiry, and the Jurifdi&ion of the Paid Court. And if any Perfon chofen to the faid Office,and fummoned by the Coal -table and fo returned by him, fhall make Default in Appearance, without reafonable Excufe made, and allowed of by the Court; the faid Court {hall and may fet a Fine upon him, not exceeding the Sum of forty Shillings ; and a new Writ ilial! ifrbe forth unto the Town, to chute another in his Room ; and fo likewife in Cafe of the removal of any by Death, or otherwife. Sind be ft futtijzr cnacteb bp tbe 2tttebo ttp afoltfaib, That if any Perfoiz, or Perfons legally chofen, and fummoned to Terve upon the Petit Jury, for Trials in the Superiour Court of Judicature,Court of Aflize, and GeneralUoal Delivery, or in any of the Inferiour Courts of Common Pleas, or of General Seffions of the Peace, being fo returned by the Conflable under hisHand, -fhali make Default of Appearance, and not attend the faid Service without reafona- ble Excufe made, and allowed of by fuch Court ; every Perfon and Perfons fo offending, (hall be fined by the faidCourt, (who are hereby impowered thereto) not exceeding the Sum of twenty Shillings. All Fines and Forfeitures accruing by Virtue of this Aft, (hall be paid in to the Treafurer of the County where the fame do arife ; and be employed to- wards the defraying the publick Charges of fuch County. And in Cafe any Perfon or Perfons fentenced to pay any of the faid Fines or Forfeitures, {hall negle& or refute fo to do, the fame shall be levied by Diffrcfs and Sale of the Offenders Goods or Chattels, by the Wfarrad nt urt th Court that awarded the fame, to be figned by the gether with the incident Charges arifing for taking fuch Diftrefs, according to the Fees by Law allowed for levying of Executions; and twoShillings for the Warrant, to be.paid unto the Clerkallowed nted thefame. Ad all Grand Jurors fhall beby the County Treafurer the Sumof two Shillings per Dien during Man, ring their Attendance Cotirt the Time to be certified unto the County Treafurer,by the Clerks of the refpeEive Courts: And no Grand Juror (hall be compelled to ferve more than one Year in three ; nor any' Petit Juror, more than at one Court within the Compafs of a Year. ' Conftables One or more SeleEI-men to give Receipt for wolves Heads. CHAP. V. An Aa pp Yng for 'fu I ithe Defeas in the A& Intituled; An a encouraging the killing of Wolves. HERE 4,8 by the ./let Intituled An AEI encouraging the killing of Wolves, made and paj ed at the &Sion of theGeneral dile/7161y begun and held at Bolton, the thirty farfl Day of Ma y,in the fifth rear of their prefent MVlaje/lies Reign ; there is Provifion for Payment. to be made unto the Perfon or Perfons who Jhall kill any grown Wolf Wolves ,TJ/help, out of the Town Stock, in which fuch Wog is killed,or f the Town lying next adjacent thereto, and that the faid Disbur/l, the fame being made to, appear, {hall be allowed unto fuel) b Town, y the General Treafurer of the Province out of the publick Treat try : But for -as -much as there is no particular Direel ion in the faid .het how or in ha toMu nicer the Treafurter out of any Torun Stock, fhall be made appear, fo J ,iffy in allowing of the. fame ; and the better to prevent any Fr`tud3 herei etttatfve� 11.3e it CltitftCii �bptbe Lieutenant CbO�ICCItour, CpfuCil tbe fame, That everyPer� Irl �neneratqLollrt aite thteb aub.bv tljeatitljeg fon orPerfons killing any grownWolf or Wolf'sWheip (other than fuch as fhall be taken out of the Belly of any Bitch Wolf) within i n fTnowof o this the. vince, and bringing the Head thereof unto theConfla ble Town next adjacent, the Conflable in the Prefence ofone or moreof or Nthe S n le&.men, shall cut both the Ears off the fame, and fuchand nrri s t . iF /kilo Begin Re4is10.0 L I E L. 1VI 1, III. Septirno. 3jnceftuouz ipatriageL 1695. 159 and Conf.lable, '{hall give the Party a Receipt for the faid Head,cxprefirng whe- ther it be a grown Wolf ora Whelp ; .and upon producing filch Receipt, the Party (hall be paid and allowed by the SeleE-then or Treafurer:of fuchTown, out of the Town Stock, for the fame, as in and by the Paid Ac`1 is dire&ed. And all filch -Payments fo made !hall be certified unto the Treafurer and Re- ceiver General, under the Hands of the major Part of the Seleh-men in fuch Town, and Town Treafurer (where any fuch be) or Town Clerk, in Manner following ;That is to fay, • . Mr. Treafurer, "'His may certify, That there has been paid unto fztndry Perfins out of the Town Stock of A for 'grown Wolves, and Wolves Whelps kill'd in and near unto our Town, fince the Day of 10 pall, and the Heads thereof brought unto our Conflables, and the Ears cut gar inPrefence of force of our Selves, as the Lain directs, and fo certified unto us, .in the whole the Sum of Pounds which Sum we defire you to allow unto our Town, by difcounting the fame with B. C. Conflable,;' out of the publick Af%'efrment, committed to�him to collect in ourTown. Dated in A.aforefaid, the tray of - . SeleEt-Men, I Town-Treafurer, Or, Town Clerk. tnb be it fut•tb' er etiat'leb, That the Treafurer do cattle a competentNum- ber, of blank Certificates in the Form abovefaid, to be printed ',at the publick Charge, and affix his own Seal thereto ; and is hereby ordered to deliver fo many unto the SeleEF. men of each Town and Place refpeetively, or fome one of them, as shall be receflary for the Ufe of fuch Town or Place. • A&s and Laws,. Paired by the Great and General Court or Alterably of the Pro; vince of the Mafacbfetts-Bay, in New -England, begun and held at .Boron, the twenty-ninth Day of May, 1695: CHAP. VL An Ad to prevent incefluous Marriages. 'A''LTHOUG� this Court doth not take in.Hand to determine what is the whole Breadth of the divine Commandment refpecling unlawful . Marriages : Tot for preventing of that abontinablcDifhonefly and Con- fufion which night otherwift happen : ll5e it clap tip Or Lieutenant (fo >Eriiatit, Council anti iiepr'efenta= • tuhef in Oeticrat Court affelntrteb, an0 bp tbe autboxftp of tie filiite, That no Man fhall, marry any Woman within the Degrees hereafter named in this Ad, That is to fay, No Man (hall marry his Grandfather's Wife,Wfe's Grand -Mother, Father's Sifter,, Motheres Siler, Father's Brother's Wife, Mother's Brother's Fife, Fife's Father's Sifter, Wife's Mother's Sifter, Father's Wife, Wife's Mother's Daughter, Wife's Daughter, Son's Wife, Sifter, Brother' rIWife,,Wife's Sifter, San'sVaughter,taughter's Daughter, Son's Son's Wife, Daughter's Son's Wife, Wife's Son's' Daughter, fife's Daughter's Daughter, Brother's Daughter, Sifter's Daughter, Brother's Son's Wife, Sifter's Son's Illif.e, Wife's Brother's Daughter,Wife's Sifter's Daughter. And if any Man have already married, or fhall hereafter marry, or have carnal Copulation with any Woman who is within the Degrees before recited in this AA ; every fuch Marriage thall be and is hereby declared to be null and void. And all Children that !hall hereafter be born of filch incefluous Marriage or Copulation, fhall be for ever difabled to inherit by Defccnt, or by being generally named in any Deed or Will by Father pr Mother. kin) Certificate to the Treafurer. Preamble. Degrees of Kindred for- bidden Mai riage. 9 1695. Ano Regni, Regis- G U L I E L M, I, III. 6o 3JnttftUOti6 Penalty for any within rh Paid Degrees that (hall marry. Penalty 'on fuch whore Marriage is declared null, to converfe or dwell to- gether. 4W.&D2. ca: to, and References. JuftUtes and Minifters not to marry Per- fons out of their County or Towns re- fpeaively. Names and lnt. ntion of Marriage to be entred with fhe Town Clerk. Penalty on f u(tices or I\1inifters olfenciing. $;eptirno. Qtitb lie it furttjer ettacteb by the atttij' o;itp aforefafh, That every Man and Woman whofhall marry, or carnally.know each other, being within any of e the Degrees before recited in this Na, and [hall be convicted thereof before His 1VIajefly's Juflices of Affize and General Goal Delivery ; fuch Man and Woman fo convic'led, fhall be fet upon the Gallows by the fpace of'an Hour,with aRope about their Neck, and the other End call over the Gallows: And in the Way from thence to the common Goal, (hall be feverely whipped, not. exceeding forty Stripes each. Allo every Perfon fo offending thall for ever after wear a Capital I oftwo Inches long, and proportionable bignefs, cut out in Cloth of a contrary Colour to their Cloaths, and revved upon their upper Garments on the outride of their Arm, or on their Back in open View. And if any Perfon or Perfons having been convi&ed and fentenced for fuch Offence, .[hall at any. .Tune be found without their Letter fo worn, during their Abode in this Pro- vince, they (hall by Warrant from a Juflice 'of the Peace be forthwith appre- hended and ordered to be publickly whipped • not exceeding , fifteen Stripes, and fo from Time to Time toties quoties. " 3nb be it further ettattcti by tide 2utljolitp al'o eta% That if any Man or Woman whofe Marriage is by this precut Aft declared null and void, 'hall be fo hardy as to converfe together as Man and Wife, or fhalltontinue to dwell in the fame Houfe atany Time after the fpace of forty Days next after the Publication of this pcefent At, and be thereof convicted ; or if any Man and Woman who that) hereafter be divorced, or their Marriage' declared to be null and void, acs cording to the Law of this Province, shall cohabit; or converfe together as Man and Wife, and be thereof convieted, all and every fuch Perfons [hall curler the Pains and Penalties mentioned in an A& made and pa(Ted by rhe Great and Ge- neral Court or AITetnbly, at their Sefliions begun and held the thirtieth Day of May, One Thoufand fir Hundred ninety four,Intitled An4ct againfiAdultery and Polygarn e ; which in and by the faid A Ft are fet and impaled upon fuch as shall be taken in Adultery. And it shall be in the Power of the Juftices of the geiperiour Court of Judicature, to of ign'unto an'y Woman fo feperated, filch reafonable Part of the Efiate of her late Hufband, as in their Difcretion theCir- cumfiances of the Eflate may admit ; not exceeding one third Part thereof. And for t1 e better preventing of Clandefline ..Rfarriages r t it ctta!teb by rje 2utbuzftp afaefafb, In Addition to the A& Intitled, AnAll for the orde4yConfinnmation of Marriages': That no Perfon other than a Juflice of thePeace, and that withinhis ownCottnty only ; or ordainedMinifler, and that only in the Town where he is fettled in the Work of the Minitl.ry ; 'hall or cmay prefume to join any Perfon; together in Marriage'e Nor shall any Juflice or Minifler, join any Perfons in Marriage other than filch, one or both of whom are inhabitants or Reficjents in filch County or Town refpettively ; nor without Certificate produced under the Hand of the Clerk of the feveral Towns where the Parties refile&ively dwell, that the Names and Intention of the fail Parties have been entred with him fifteen Days before Hand ; and that. due Publication of fuch their Intention or Purpofe has been made, in Manner as by Law is directed : Nor without evident Signification that the Parents of fuch Perfons, or others whofe immediate Care or Government they are under ; are knowing of, and contenting for fuch Marriage ; on Pain that every ,Muftice, Minifter, or other Perfon offending againfl this Aftelhall for every fuchOffence forfeit and pay the Sum of Fifty Pounds ; as a Fine for and towards the de- fraying of the publick Charge, arifing within fuch County where the Offence is committed : To be fued,for and recovered by the County.Treafturer, in any of His AMIajefly's Courts of Record within the fame ; by 13i11, Plaint or Information : And (hall, and are hereby for ever after difabled to join Perfons in Marriage; and be further lia'Hle to the AFtion and Suit of the Parent, Guar- dian, or others whofe immediateCare andGovernment either of the Parties were under at the Time of filch Marriage; that are aggrieved thereat and [Ball profe- cutcthe fame. > itb 7 4nno Remi Regis G U L I E L M I, III. Septitno. 1695. 2L 3 Q *iiigte5+ 6 f 2tnb be it [richer macro, That if at any Time the Banns of Matrimony betwixt any Perfons ihall be forbidden, the Publifher the eof fhali forbear to dDannsen, not �forobidbe- proceed therein, until the Matter have been duly inquired into, and heard be- out-afk'd till fore two of the Jur-flees of the fame County ; and that they certify under their the Matter be Hands, either that the Caufe was infufficient, or that it is removed. heard &c. And all Marriages thall be Regifirecl by the Town Clerk of the farne Town where they are confutnmated : And every jiff -lice or Minificr as aforefaid,fhall TtoowRen diel Cleri- return a Note or Certificate unto the Clerk of the Town, of the Names of all Marrigiftcr ages. Perfons which they (hall marry, and of the Time when, within three Months at furtheft after Confummation of the fame ; and thall allow and payout.oif his 3 G. ca. 4. Fee unto the Clerk for enrring the fame three Pence : Any Law, Ufage 'or Cullom to the contrary notwithflanding. . 2[nb be it furtfjtr enactet IT ttjc 2tttljogtp afocfaib, That if anyMan flidll Penalty on wearWomeusA,pparel ; or if anyWonian thall wear MensApparel.,and be there- Men and wo- of dulyconvi&ed • theyshall be .corporally )uni bed or fined, at the Difcretion men tc at (hall 7 p Y 1 wear contrary of the Qjarter Seflions, not exceeding five Pounds, to the Ufe of the COM -1'7 Apparel• where the Offence is committed, towards the defrayingof the County Charges. CHAP. VII. An Adt for Regulating the Adze of .;Shingles. H R E A S it -has been accuflomed; that Shingles expofed to. Salk; are clofe paced up in Bundles, fo that the. Quality of them cannot Preamble. be feen ; and do frequently fall fiort of the due Affize and V inten- fions, whereby great Ir jut rce may be done : For Remedy whereof : reit enaaeb by rile 1Lirtt.tcnant obertuntr,Comuil arab it eprefetitatfte , Aflize of fat C3enerat Court affem,'l,t'li, nub ::p tide auttjo;11p of Stunt, That all Shingles. Shingles expofed to Sale, shall be made of good found Timber, and of the fol- lowing Dimenfions : rhea is to fay : Each Shingle to bear eighteen Inches orZ. ca. G. fifteen ,1 aches in Length ; and not under three and half Inches in Breadth; nor under half an Inch thick, and well shaved. All Shingles of eighteenInches and fifteen Inches refj-e&ively, to be made up in difiin& Bundles by'themfelves. kali. be it furti er cttl;teb ftp tide Mita oifrp aforefaib, That from and -af- ter the firflDay of September nett enfuing,'no Perfon Ihal:l ex pole to Sale any A1 Shingles 1 under due Alt fuch Shingles, which are not of the full DimenGons of Length,' Breadth and fize, expofed Thicknefs aforefaid ; on pain of forfeiting every Bundle, wherein anyShingles' to Sale, to be !hall be found under any of the laid Din -lent -ions of Length, Breadth r Thiid - forfeited. r refs. And, if any Perfon to whom any Shingles are tendred to be fold, !hall defire to Wave them viewed ; upon his Application made to a juflice of Peace,- fuch Juflice is hereby impowred, to make out a Warrant for the appointingand authorizing force able Houfe-Carpenter, to view and meafure the ,fame; and to adminiffer an Oath unto him, to deal faithfully and impartially, therein ; and in Juflicesof the the Pretence of the Owner or Vender of filch Shingles (if he fee Caufe to be poacetoap- there) to perform the faid Service ; and to make Seifure of all Foch BtincllesOf pinraViewcr Shingles, in which there 'hall be any found under the full Dimenfions above- mentioned, in any Particular thereof. •And upon filch Return made by the faid Officer under his Hand, to the Juflice who granted the Warrant; fuch'•Jufiice Defe&ive !hall declare the Paid Shingles to be forfeited ; and caufe them to be delivered Shingles for - unto the Select -Men or Overfeers of the Poor of the Town, where they are feited, to be offered to Sale ; to be employed to and for the Ufe of the Poor of filch Town : to the Ufe of The Charges of viewing, being 'firfl defrayed and anfwered for out of the fame; the Poor. 1 but where there appears no Defects the Perfon at whofe Defire the Survey is appointed, !hall anfwer the whole Charge thereof. INOMMOIMESSINIMI CLIA P. I 69 5. 6o jnccftuou iparriageO, Zit' be it futtijet ettnteb by the .41ttti oUitp ofoti•efafi, That every Man and Woman who fhall marry, or carnally. know each other, being within any of e the Degrees before recited in this ACI, and fhall be convi&ed thereof before His 1�Iajefiy's Juflices of Aflize and General Goal Delivery ; filch Man and Woman fo convicted, (hall be fet upon the Gallows by the fpace of'an Hour,with aRope about their Neck, and the other End raft over the Gallows: And in the Way from thence to the common Goal, (hall be feverely whipped, not, exceeding forty Stripes each. Alfo every Perfon fo offending [hall for ever after weara Capital 1 oftwo Inches long, and proportionable bignefs, cut out in C loth of a contrary Colour to their Cloaths, and fewed upon their upper Garments on the outfide of their Arm, or on their Back in open View. A'i'd if any Perfon or Perfons having been convicted and feutenced for fuch Offence, !hall at any. Tiine be found withotit their Letter fo worn, during their Abode in this Pro- vince, they (hall by Warrant from .a Juftice of•'the Peace be forthwith appre- bended and ordered to be publickly whipped not exceeding , fifteen Stripes; and fo from Time to Time totae.; quoties. ab be it further ettatteb be the Zutijo itp oto.efafb, That if any Man or Woman whole Marriage is by this prevent A& declared null and void, shall be fo hardy as to converfe together as Man and Wife, or fhall'continue to dwell in the fame Houle atany Time after- the fpace of forty Days next after the Publication of this jefent Act, and be thereof convicted; or if any Man and Woman who [hall hereafter be divorced, or their Marriage'declared to be null and void, acr- cording to 'the Law of this Province, [hall cohabit, or converfe together as Man and Wife, and be thereof convicted, all and every filch Perfons Ihall fuffer the Pains and Penalties mentioned in an A& made and paffed by the Great and Ge- neral Court or Aftembly, at their Seffions begun and held the thirtieth Day of May, One rhozland fix Hundred ninety four,Intitled 4nAti againJL.ldultery and Polyganiie ; which in and by the faid Acq are fet and impoled upon fuck as fhall be taken in Adultery. And it [hall be in the Power of the Juflices of the Stipei•ioitr Court of Judicature, to align unto any Woman fo feperated, fuck reafonable Part of the Eflate of her late Hutfband, as in their Difcretion theCir- cumftances of the Eflate may admit ; not exceeding one third Part thereof. , and for the better preventing of Clandefline klarrictges r fiiluo R-egnt, Regis G 13 L I E L M I, 11I. 5eptlmo. Penalty for an y within rh faid Degrets that !hall marry. Penalty On fuch whofe Marriage is declared null, to converfe or dwell to- gether: 4. PV. &��. ca: zo, and References. Jutiikes and Minifters not to marry Per- fons out of their County or Towns re- fpeetively, Names and l ntention of Marriage to be entred with file Town Clerk. •penalty on f utlices or Min ifters offending. • 'fie ft rata by rte Zuttagtp ofc .efaib, In Addition to the Act Intitled, ..1nAtl for the orde3•lyCor f rmmation of _Marriages': That no Perfon other than a Juftice of thePeace, and that within his ownCounty only ; or ordainedMinifler, and that only in' the Town where he is fettled in the Work of the Miniflry ; (hall or may prefume to join any Peron together in Marriage : Nor (hall any Juftice or Minifter, join any Perfons in Marriage other than fuch, one or both of whom are inhabitants or Refidents in filch County or Toms refpeaively ; nor without Certificate produced under the Hand of the Clerk of the feveral Towns where the Parties refpeaively dwell, that the Names and Intention of the Paid Parties have been entred with him fifteen Days before Hand ; and that. due Publication of filch their Intention or Ptirpofe has been made, in Manner as by Law is directed : Nor without evident Signification that the f'arents of fuch Perfons, or others whofe immediate Care or Government they are under ; are knowing of, and confenting to' fuch Marriage ; on Pain that every Juftice, Minifler, or other Perfon offending againfi this ACt,lhall for every fuchOifence forfeit and pay the Sum of Fifty Pounds ; as a Fihe for and towards the de- fraying of the publick Charge, arifing within fuch County where the Offence is committed : To be fued;P.for and recovered by the County Treafterer, in any of His Majefly's Courts of Record. within the fame ; by Bill, Plaint or Information : And fhall, and are hereby for ever after difabled to join Perfons in Marriage; and be further lia`de to the Action and Suit of the Parent, Guar- dian, or others whofe immediateCare andGovernment either of the Parties were under at the Time of fuch Marriage) that are aggrieved thereat and !hall prole - elite' the fame. lit • r Anno Regni Regis G U L I E L M I, I11. Septimo. atii3e of etingteo. nb be it.Cuctigr entiottco, That if at any Time the Banns of Matrimony betwixt any Perfons !hall be forbidden, the Publifhcr the' cof shall forbear to proceed therein, until the Matter have been duly inquired into, and heard be- fore two of the Junius of the fame Cottnty; and that they certify under their Hands, either that the Caufe was infuff;cient, or that it is removed. And all Marriages shall be Rcgifired by the Town Clerk of the fame.Town where they are confummated : And every Juflice .or .Minifter as aforefaid,fhall return a Note or Certificate unto the Clerk of the Town, of the Names of all Perfons which they [hall marry, and of the Time .when, within three Months at furthefi after Confummation of the fame ; and [hall allow and pay out,of his Fee unto the Clerk for entring the fame three Pence : .Any Law, Ufhge . or Cullom to the contrary notwithflanding. 2nb itz it fuetijet enatteb by tije aitrjojtp afra3efaib, That if anyivl:rtt;ntill wearWomensApparel ; or if anyWoman shall wear MensApparel,and be there- of duly convicted ; they than be .corporally punifhcd or fined, at the Difcretion of the QyarterSeflions, not exceeding five Pounds, to the Ufe of the County where the Offence is committed, towards the defraying of the County Charges. I CHAP. VII. An Ad for Regulating the Affize of [Shingles. 1695. 61 Banns forbid- den, not to be out-afk'd till the Matter be heard &c. Town ClerI: to Regitter Marriages. 3 G. ca. q.. Penalty on Men and Wo- nien that fha11 wear contrary Apparel. WHEREAS it' Inas been accu iomed, that Shingles expofed to,Sall; are clofe pack'd up in Bundles, fo that the. Quality of them cannot Preamble. be feet; ; and do frequently fall [bort of the due Afflze and V imen- fions, whereby great Is juftice may be done : For Remedy whereof : Z.t it ruatteb bp the ILicutchaittdfobev'nour,Council aiitittpreletltatlbe ,' Mize of (11 C5enerat Court alenii i.tt , an ;:p the aur[ ozf; p of tie tame, That all Shingles. Shingles expofed to Sale, (hall be made of good found Timber, and of the fol- lowing Dimenfions : That is to fay : Each Shingle to bear eighteen Inches or 9 fifteen Inches in Length ; a'nd not under three and half Inches in Breadth; nor under half an Inch thick, and well fhaved. All Shingles of cighteenInches and fifteen Inches retpeeively, to be made up in diflin& Bundles by e themfelves. anb be ft further cnurtth by the 2titijOitp aforefaib, -That from andaf- ter the firflDay of 'September peat enfuing,'no Perfon fhall'ex pole to 'Sale All Shiuengles 1 any under d filch Af- Shingles, which are not of the full Dimenfions of Length,' Breadth and fine, expofed Thicknefs aforefaid; on pain of forfeiting every Bundle, wherein any Shingles'to `ale, to be [hall be found under any' of the Paid Dimenfions of.Length, Breadth or Thick- forfeited. refs. And if any Perfon to whom any Shingles are tendred to be fold, 'hall defire to _have them viewed ; upon his Application made to a juftice of Peace,, filch Juftice is hereby impowred, to make out a Warrant for the appointingand authorizing fome able Houfe-Carpenter, to view and meafure the fame; and to adrninifler an Oath unto hien, to deal faithful! and im artiall therein ; Jufiicesof the y p y and in Peace to ap- the P refence of the Owner or Vender of fuch Shingles (if he fee Caufe to be there) , to perform the faid Service ; and to make Seifure of all filch Bundles of point aVieover Shingles, in which there (hall be any found under the full Dithenfioris above- mentioned, in any Particular thereof. •And upon fuch Return made:by the Paid Officer under his Hand, to the 'Janice who granted the Warrant, fuch �Jufiice'Defe�tive !hall declare the faid Shingles to be forfeited ; and caufe them to be delivered Shingles for- umo the Sele&-Men or Overfeers of the Poor of the Town, where they are feited, to be offered to'Sale; to be employed to and for the Ufe of the Poor of (itch Town • to the Ufe of The Charges of viewing, being firft defrayed and anfwered for out of the Gime ; the Yoor, but where there appears no Defeels the Perfon at whofe Defire the Survey is appointed, (hall anfwer the whole Charge thereof. 4. ca. 6. CTIAP. n i I i i1 + i II I 1 i r IIII. II , Irl o L .i i.i �dl�i4'lll I��,Y�Ieu�ylLi�1�S �lii 1 let 69;. Anno Rcgni Regis GULI EL MI,III. Scptimo., 62 Martha's Vineyard, tc, ttiotenient of e iso itet Appeals from Courts in Dukes County, to be to pit mouth. 'Appeals from Courts in Nantucket to be to Bo,fiwz. 4TY &R?. ca. 11, _and References. CHAP. VIII. Ant AEI for the better Settlements of the Islands of Martha's -Vineyard, and Islands adjacent. t it enncteb Fp the ,ienter:Put C otutilout, Councit aith 1R prefen: tatibegs, rottbellab in 05encral Court of nemblp, anb t;p tie atf;oe ftp of die fame, That the I'lands of Martha's Vineyard, Elifhbeth Elands, the Iflands called _Nomans-Land; and all the Dependencies formerly belonging to `Dukes County, (the Ifland of _Nantucket only excepted) (hall be, remain and continue to be one County, to all Intents and , Purpofes ;_ by the Name of Dukes -County : And all Appeals from any Judgment or Judgments given, or to be given in any of the lnfertour Courts of Pleas within the faid County, 'hall henceforth be heard and tried at the Superiour Court of Judica- ture to be holden from Time to Time at Plymouth, within the Neighbouring. County of Plymouth : Any Law, Ufage or Cullom to the contrary notwithi- ftanding : the Jurors to Terve at the fail Superiour Courts of Judicature, to be from Time toTime chofen and f;ummoned out of the feveral Towns within the faid County of Plymouth and Dukes -County according to the Dire&ions in the Law in filch Cafe provided. The Bland ofNantucket to remain and continue tinder the fame Form of Government as is already there fettled : AndAppcals from the judgments given or to be given in the Inferiour Court of Pleas within the raid nand, to be heard and tried in the Superiour Court of Judicature to be held at Bo within the County of Sufolk, as is' by Law provided. CHAP. IX. An Mt in further Addition to the At Intitled, An Ali for the Settlement and Support of lktinflers. it ziv rteb by tljc Lieutenant d obennour•; Council anb 3.t.eprefen: tatibtL, In"dIbtneral Court uQettlitleb, anb by the ,autl;o;itp ui t .? fame, That when at any Time a Church fhall make,.Choice of a Mi -and prefent their Choice unto the Inhabitants of the Town or Precinh in a publick Meeting duly warned and aflembled for that Purpofe,to have their_ Concurrence therein ; and the Inhabitants fo afl'ernbled, fhall by a major Vote deny their Approbation of the Churches Choice; the Church may call in the - Help of a Council confi[ling of the Elders and Meffeng Asa to hear,examine three r e Neighbouring Churches ; which Council are hereby imle and confider the Exceptions andAllegations made again'' the ChurchesElefion, And in Cafe the Council !hall notwithflanding,approve of the faidEleCtion,fuch Minifter accepting of the Choice, and fetling with them, 'hall be the M inifier of theTown or Precind,who 'hall be in all Rcfpe&s fupported and maintained, .as by the faid_ A& is provided ; but if otherwife, the Church fhall proceed to the Eleefian of another ML�� er n0 it further bedaub, That no Perfon by Reafon of his voting in the f Church, iliall be precluded from voting, as an Inhabitant of the Town : Any Law, Ufage or Cullom to the contrary notwithflanding. 1 mill I ml 1101 J 1 ACTS i 1.. 11, 11 L I I 1 al 11 I,th41aIp6111VV1l1lJEd1111 /Alto R rg nlr Regis G U L I E L M I, III. Septi tn o. 695 a)uppveffiuig of tinlU.ceztfeD poufS. 6/) . . • A&s and Laws, Paired by the Great and General Court or Affembly of the Pro- vince of the Aigfiachgfetts-Bay in New -England, Begun and held at Boflzoll, the twenty-ninth Day of May, 1695. And continued by feveral Adjournments until the twentieth of .Nr/ember fol- lowing. CHAP. X. An A6L for the better Difcovery and more effedtual Sup- prefling of Unlieenfed Houfes. FORASMUGR as divers ill chi/poled and indigent Pc;fins, the Pains Preamble, Penalties in the Lazes already made not regarding, are fa . hardy as to prof cine to fell and retail firong Beer, .A/e, Cyder, Perry, T�inc, • Rum, or other /hong Liquors or mixt �rrnks, and to beep common tipling Houle!, therein harbouring and entertaining .Apprentices, Indians, Negroes, Seec 4 W. & and, other idle dijolute Perfons, tending to the Ruin and Inapoveri mcnt e Rca 7, and -� .T Kfei•ences. Families, and to all Impiety and Debaucheries; and if detected and con��icted of any fzcch Ofence, are, unable to ,fatisfy the Fine impaled by Law for the fame ; and cannot be punifbed by Imprj2»thtent ivithout Throng is their Fa- 9nilies . For Remedy whereof, and the more ef'eaual deterring and ftrpprefling of fuch evil Praelices : e it Engel by trctLieuteitantOo»crnour•,Councit anbi�%eprefclitntibc , Perfons una- tfn d5eneraI Court aOenttttcb, ti lib lip the Iutj©litp of tf e faint, That when ble to pay h and fo often as any Perfon being duly convicted of keeping a common tipling Fine to be Houle, or felling ftrong Beer, Ale; Cyder, Perry, Wine, Rurn, or other firong wh;p'd Liquors or mixt Drink by Retail, without Licence firft orderly had and obtained for the fame, 'hall lie unable to anfwer and fatisfy the Fine impofed by Law for fuch Tranfgreflion, together with the Charge of Profccution ; or that !hall not pay fuch Fine and Charges (and, lil:ewife give Bond for the good Behaviour, if it be a fecond Convi&fiot�) within the fpace of twenty four Hours next after.. Sentence declared in that Refpca ; it,fhall and may be lawful to and for two Jufiices of the Peace, or the Court before whom the Conviaion [hall be,. to, order fuch Offender to be openly whip'd with fo many Stripes as in their Dif= cretion fhall be thought fit, not lefs than ten, nor exceeding fifteen for one Offence ; and to retrain the Offender in Prifon, until the; Fine and Charges as aforefaid are paid, or the Order for corporal Pupifhmcni be executed. eattb be ittuttijct, enarteb. tip tijc 5aur0o;itp afqcfaib, That it and.tnay be lawful! to and for any Grand Jurors, Conflablcs;Tything-Men, and the Off. vers employed in and about the Excife, ex officio t0 enter into the Houle and, Dependencies thereof, of any fuch Perfon as aforefaid, fufpec'Ied of felling thong Drink without Licence, having once been convicted thereof, and taking with them fuch Afliffance-as they (hall think needful, to makeSearch for firong Drink, and finding, any Quantity of any Kind of the Drinks herein before -mentioned, to feize and fecure the fame, fo as it be within the fpace of one Year next after fuch Convi5Uon, and to inform thereof at the next General Sefilons of the Peace to be holden within the fame County, or unto two Jufliccs of the Peace(Ouorunz Unus) within the fame : And if the Quantity of Drink fo feized [hall be judg- ed by fuch Court or juflices to be more than for the necefl'ary Ufe of the Family, and wnat•theirConilition may reafonably allow them to Expend, or other - wife to have in their Cuflody ; it fhall and may be lawful to and for fuchCourt or Tullius to declare all fuch Drink to be forfeited • one Moiety thereof unto. the Party that feized and informed of the fame, and the other Moiety to the Sele4-men or Ovcrfeers of the Poor of the Town where k was feized, to the Ule of the Poor there ; and to order the Dilpofal thereof accordingly 1 Provided' Officers Pow cr to feize Drink found in unlicenfcd Houfes: "n*101 ,.J 4 Antro Regni Regis 0 L I .E L M 1, ILL Soptima.. 2ttiabttcS taken out of Court Provided neverthelefs, That any Perron aggrieved at the Sentence of any Appeal from two Juftices for either of the Offences before-mentioned,may appeal thereFrom the Sentence of two jutticesSeffions of the next General f the Peace within the lame Countyprovided filch Appeal be claimed in due r1 ime� and Security given in Manner :is the Law in fuch Cafes directs. Preamble. v:c nvs— x:.svuern.hxv: nrr. CHAP. XL An A6t for taking of Affidavits out of Court. F0 R.4 SMUCH as it is often neceffary, that JI% t 696. ., Hno : egni Regis G U L I E L M I, III. Octavo. 66 tanbz gable to pap ebtL Saving of Dower, Debts may be conceited at commonl,aw. 'Noce fs fuf- pended whi1R the Commifi'i- on is depend- ing- Creditors excluded that bring not in their Claims; Perfons fur. peeted of Concealment or Imbezel- ments to be (worn. Penalty for refu11ng Appeal, t And fix, twelve, or eighteen Months Time (as the Circumftances of any Etat may require) (hall be allowed by the Judge onto the Creditors, for bringing i their Claims, and proving their Debts : At the End of which limited Time filch Commiflioners (hall make their Report, and prefent a Lift of all the Claim unto the faid judge, who (hall orderthem meet Recompence out of the Eflate for' their Care and Labour in that Affair : And the Debts due to the Crown Sic'knefs, and sneceffary Funeral 'Charges, as 'is herein before provided,being firft fubdueted, shall order the Re(idue and Remainder of the Eftate to be paid and diftributed to and among the otherCreditors that (hall have made out their Claims in due proportion to the Sums unto thein refpeelively owing, according as the Eftate will bear ; raving unto the Widow, if any be, her Right of Dower ac- cording to Law, in the Houfes andLands of the Deceafed; theWidow'sDower at the Expiration of. her Terin to,be alfo diftributed among the Creditors in a like Proportion. Provided, That notwithflanding the Report of any fuch .Commiffioners or Allowance thereof made. it (hall and may be lawful to and for the Executor or Adminiftrator, to conteft the Proof of any Debt at the common Law. And no Procefs;ia'tLar (e±cept for Debts due to the' Crown, Sicknefs and Fooeral,Charges) fhall be allowed againft the Executors orAdtninifkrator of any Infolkent .Eftate, lb -long as the' Pathe tall be depending as aforefaid. And whatever Creditor shall hot -make out his 'or her Claim with titch •Com- millionth before the full Expiration of the limited Time, filch Perfon (hall be for *after debarred of his or ihe'rDebt, unites he or the can find Tome further Eftate of the Deceafed, not before difcovered and -put into the Inventory. Ani 'tic f(fifrtbei?'eflaatgb brg$ t gist! oritp tifo of af, That every Judge for Pr©bate of Wills and 'granting -Adminiftrations within the rufpe&ive Countie, Wand hereby is' hilly authorized and impowred to call before him, and to re- quire and administer an Oath unto any Perfon or Perfons probably fiifpeEted by any Executor or Adminiftrator to*have concealed, imbezel'd or.conveyed a- way any of the -Money, Goods or Chattels left by the Teflator, or Inteftate, for ,the difcovery .of the fame. And. in Cafe any fuch fufpehed Perfon was be- trufted by the Perron deceafed, attended upon, or was otherwife converfant with or near' unto him in the Time of Sicknefs ; or left in Pofleflion of the Eftate whereby to ftrengrhen and make the Sufpicion more violent, and shall refute to clear and acquit him or her felt upon Oath ; it fhall and may be law- ful for, and the Judge is hereby impowred to commit filch Perfon fo refuting to Swear, unto the Goal of the County, there to remain until he or the (hall comply to difcharge him or herfelf upon Oath as aforefaid, or • be releafed by Confent.of the Executor or Adminiftrator. Saving unto.any Perfon aggrieved at any Sentence, Order or Decree, made by the Judge of Probate, Liberty of an Appeal unto the Governour andCoun- tl : fuch Appellant giving Bond in a reafonable Sum with fufliicient Security o profecute his Appeal with Effect, and to abide and perform the Determi na- ion that fhall be made thereupon. e s C H, A P. III. An Ael for making of Lands and Tenements liable to the Payment of Debts: .11ERE 4 S the Ejlates of Perfons within this Province do Preamble: chiefly confifl of Houfes and Lands, which give then; Credit, forte being rerifs in paying of ,their juft Debts, and others hapning to die before they have drfcbarged the fart : 'fie it tberefole enacteb alto opaineb by the;LietitehantdBobernottr,Counvil Lands and Arab Ueprefeittatfoegs in General Court alembltb, anti by the Satittelftp of It Tenementsliable to Ex. ram, That all Lands o_ r Tenements belonging to any Perfon in his own tcution. proper Right in Fee,gPaymentjuft Eland charged with the of all Debts owing by fuch Perfon, as well as his perfonal Eftate, and fhall be liable to • AnnoRegniRegisGULIELMI,III. O&avo. 1696. urDenng )4aLarb QtIjttbreu, irca[on. 67 to be taken in Execution for Satisfaction of the fame, where the Debtor or his Attoney Thal] not expofe to View and tender to the Officer perfonal E- fate fitfficient.to anfwer the Sum mentioned in theExecution,with theCharges; And all Executions duly ferved upon any fuch Houfes and Lands, being re- Execution du- turnedinro rheClerk'sOfficeof theCourt out of which the fame Wiled and there ly ferved and tecorded, !hall make a good Title to theParty for whom they (hall be, fo taken, Recorded to his Heirs and Afiigns for ever. Alfa where the Goods and Chattels belonging Tia good to tlieeE.ftate of any Perfon •deceafed, (hall not be fufl'icient to anfwer the juft Debts which the Deceafed owed; or Legacies given ; upon Repreferitarion thereof, and making the fame to appear onto the Superiour Court of Judica- ture holden for or within the County where fuch deceafed Perfon Taft, dwelt ; Junius of the 'the Paid Court are hereby impowred to licence and authorize the Executor or buperiour -Adtniniftraror of fuch Eflate' to make -Sale of all or any Part of the Houfes and Courtcw imfepo- Lands of the Deceafed, fo 'far as (hall be necefrary to fatisf'y the juft Debts the sales of Which the Deceafed owed at thefitne of his Death ; and Legacies bequeathed Lands, 4cc. in -and by the !aft Will and Teftainent of the Deceafed. And every Executor or Adminiftrator being fo licenfed and authorized as aforefaid, !hall and mayby virtue of fuch Authority, make, fign and execute in due Form of Law, Deeds and Conveyances..for. fuch Houfes andLands;as they. !hall fa fell,;, which Inftru- inents(hal, make a good Title to the Purchafer, his Heirs and Af igns far ever. Provided neverthelefs, That any.Debt or Debts due to the Crown from an Debts to the fuch Elate, shall be first fecured and paid Dili of the fame, y Crown to be 2inb be ft furtlj' er enatco sip tlje. $utiNit 1folefaib,firft paid. p That anyPer-fon or Perfons. (hall make Sate or other Alienation of any Larids .orTenenients Fraudulent to hien of Right belonging,., with Intent to defeat and defraud his Creditors of Deeds to be their juft Debts not bond fide f:&r. good and valuable ConGderation "truly paid : void. All fuch Sales and. Alienations are to be deemed, covinous.and fraudulent, and . (Ball be of no Effect to bar any Creditor from fuel' Debt as is to him owing. C H A P. IV. Ari •Ael to prevent the defktoying and murdering of Banat Children. er II.ERE.S many lewd Women that have been delivered of Ba and Children to avoid their Shame,and to efcopeJunifiment, d errretl Preamble: bury Or conceal the Death of their Children, and after, if thh Chi d be+"ound .Dead, 'the raid Women do alledge that thePaid Child was born dead ,•" whereas it tallith out fometi.mes (although hardly, it is to be proved) that the Paid Child or Ch. ildren were murdered by theraid Women their le elfilotbers, or by their .fent or Procurement tic is tt erefole ettnitrb by tE c i,ietttenaitt 4oi.lerrtour, Councilor, Rom fentattbro, contneb ill Tema! 21f1cinbfp, arab it to bathe enacttb b tie, 4W:&Mca. 6. Botfjokitp of tij' c fame, That if any Woman be delivered of any Ifl'ue of kt d y,,Male or Female,whrch if it were born alive,fhould by Law be a Ballard; and that (he endeavour privately, either by drawning,or fecret burying thereof, or any other Way ; either by her fell, or theprocuring of others fo to conceal the Death thereof, that it may not come to Light; whether it were born alive Of not, but be concealed. In every fuch Cafe,the Mother fo offending,fhall.fufl'er 1Yearli, as in Cafe of Murder : except fuch Mother can make Proof by one Witnefs at the lea(t, that the Child whole Death *as by heir lb -intended to be concealed, was born dead. C HAP. V. An A& againff High Treafon. t it .enrias v the tfentettant. eabernour, count' l find lLtt rerentti titre irvi tneral Court of rhthlrb;at11b by rtje Ziutbnfftp of the ratite, That if any Perfon orPerfons (hall compars or imagine theDeath of Our Sovereign Lord theKing,or of OurLady his(ueen,orof theHeir apparent to the Crown, • Compalling of imagining the Death cif the King, &c, is 696. Anna Regni Regis G U L 1 E UMI, III. Oda vo. -68 Common f ufaiices. irate?. Crown : Or if any Perfon !hall levy War againfl Our Lord the King, or be adherent to. the King's Enemies, giving them Aid and Comfort in the Realm, or elfewhere, and thereby be probably attainted of open Deed by his Peers, up- on the Teflimony of two lawful and credible Witnefles upon Oath, brought before the Offender face to Face; at the Time of his Arraignment, or volun- Counterfeit- tary Confellion of the Party arraigned. Or if any Perfon or Perfons {hall ing the ting's :counterfeit 'tile King's Great Seal or Privy Seal,' or the Seal .of this Province, Great Seal, and thereof be duly conviEted as aforefaid : Then every fuch,Perfon and Per - &c. Eons fo as aforefaid offending, lhall be deemed,decla'red and adjudged to beTrai- tors, and (hall fuffer Pains of Death, and alfo loofc and forfeit as in Cafes .of -. High Treafon. Trials to be ' Ell/trial of all nb be it futon meth lip tije .utbolitp afolefaib, That the _ regutated.ac- and every Perfon and Perfons whatfoever accufed; indi&ed and profecuted for Cording to rhe highTreafon and mifprifion of fuch Treafon, shall be regulated' according to the Law of Eng.A& ofparliament made in the feverith Year of his prefent Majefty's Reign,iriti- lanrl' in Cafes tuled SAC/ forRegulating.of Trials inCafes of: lf?eafon and mifprifion of T"rea- of Treafon, &.r, fon : And the Party fo accufed, ii diEted and profecuted, to'bcallowed the Be- nefits and Privileges in and by the faid MI granted and declared. Lev yingWar again(' the King. Preamble.' 4IF. &M. ca. 9, and References. Od C H AP. .VI. An A& in Addition to 'the .A& for preventing: of:common • Nufances arifing by Slaughter,,Hotlfes, Stmt-Houfes, c. OR the better preventing of Vefolation• by: Firc,that may: happen by draw- ing of Spirits, or melting dozuri of Tallow : 713E it enact) tlje Lieuteilllnt eobetpout,• Cotlncil'.att ltepirefritc tatibeL• f tt enerat Coutt ailtetitb tti; fait bi the 2tUt)io4ftp '0f tbz fonts, That if any Dilliller or Tallow=Chandler (hall prefume to fet up any Still oii Stills for the drawing of Spirits, :Copper or.Furnace for the melting of Tallow, dr make Ufe of any' Still, Copper or Furnace for either of the faid Ends in any Houfe or Pike, other than fuch as are or from Time to Time !hall be affigned for that Purpofe by tht Seidl -men of the Town, with two or more Juflices of the Peace, contrary to the Intent of the faid AEt ; every Perfon.and Perfons.fo offending; and -being thereof duly convi8ted before his Ivlajefly's Juitices in .the Court of General Se(fi„ns of the Peace withinhthe fame County,. ' !hall not only incur the Penalty or Fine in the faid A& mentioned ; but !hall alfo enter into Recognizance to take down fuels Stills,Coppers or Furnaces; and in Default of entring into. Recognizance as aforefaid, to be committed to Prifon until he do caufe the fame to be taken down ; or elfe fuch Stills, Coppers or Furnaces thall be taken down by Order of the faid Court ; and the Charge thereof to be. le- vied by Diftfefs and Sale of fuch Offenders Goods, returning the Overplus; if any be. • I Coui•tbfQtiar- ter-Sedions imp ,wered to caufe Stills for drawing of Spirits, orFur- nates formelt-, ing of Tallow fet up without Order, to be taken down. Preamble: 6W.&M.ca.6. Stated Hours for the Ferry Boats palling at Winnefimit Ferry. 4G. ca.. 4. • CHAP. _VI. - An A& in Addition to the A& for Regulating Ferries. 'HEERE,QS there is a conftantRecourfe of Travellers and others for Paige over the Ferries betwixt 'Bolton and Charleflown, and be twixt $ofton andWinnefimit : Therefore forPrevention of the great Inconvenience andDamage that doth or may happen toPerfons by being hindred and delayed at the faid Ferries, for want of fpeedy Tranfportation over the fame : �otttttil attbtrrefen= Ze it mealtip tl}e Lieutenant eabecnoitr, a �utto�ity of' folate; tatibeo, in c13entlrat &at't. aftentbieb, attb. by l! i , That the Perfon or Perfons. that are, or from Time to Time !hall be en. - lo ed: for keeping T innef mit Ferry, fhall conflantly maintain a good Boat pY or • - u 11 4 1 W dal n d I•.1,I an I � I lit • r • Anna ReggiRegis ,GULIEL1VII, III. , Motto. • ' o n 6( 09 or Boats, in -good Repair, fuitable for the laid Ferry on each Side of the,Watcr; and that fuch Boats whether there be any Pa(1`cngers in the fame or not,fhaIl pit .off from their re.(peetive Shores to go to the other Side, upon each Day in the Week (the Lord's Day excepted) at the Hours of five, feven,.nine and eleven Penalty tot a Clock before Noon ; and at onc,three five and feven.of the Clock afterNoon, Ferry-Mcr' throughout the whole Year, fo as it.be within Day -Light ; , on Pain that .every ticti�e<<. fuch Ferry -man or Ferry -men being complained of and conveyedbefore any one or more of his Majefly's Juitices of the Peace of Negle& of his Duty, in not crofting the laic! Ferry at the feveral Tithes and Hours before -mentioned, fhall forfeit and pay the Sunt of twenty Shillings ; oneHalf to theinformer orConi- plainant, and the other Half to the Ufe of the Poor of the Town of B f on. And fuch Juflice or Juflices, may reflrain the Offender or Oi`lenders,until he or -they !hall pay the faid Sum. drib lie it fuetljcr enacteb, That all Polls and Exprcflcs .for his Majgfly's be fs pt c tr .Service, ,and other Perfons having.extraordinar,y Bufinefs ; as.in Cafes concern- tranfported. :.ing Life and Death, (hall be .fpeedily tranfported over the faid Ferry, at any Time or Seafon, without Delay ; on the Penalty aforefaid : Ary Thing, here- in before contained to the contrary notwithflanding. ;Provided never;thelefc, That filch Ferry manor, Ferry -men fhall.not be ob- Saving for ..liged,to put off -from their refpeEtive Shores and pats. the (aidFerry,at any of the dorms Sea - Times or :Hours:before flated, if it manifeflly, appear to be hazardous for them Eons. •fo to.do, .by Reafon of any- Storm or Tempel' ; orethat in the ',Winter: the Ice ,do hinder the,pafling.of any .Boat, aacrofs the faid Ferry. I kinb be it'.furtl»er maul, bt tae sawna1i0:afoefalb, That when and fo _often as it (hall happen, that the Boats employed 'ed for the Ferrybetween Ballo,n Ataharicflo en } y !errs, ttivo rand Charleflozun, !hall be on the fame Shore, . upon the Landing. of, the fecond Boats not to !Boat, the firft fhall forthwith put off and pats, over. to the other: Side,Paftengcrs lie on the ,or no Palrengers ; on the ..,,rr ,t ,,,.,1 t_ . ,�; �. ,i fame Shore. of as .aforefaid ; . to -the Ufe of the Poor of Bolton or Charleflown refpthively., j 4,. ca. z. 4 G. ca. 4. it G. ca. 4. A &s ',and • Laws, P.afled,by the Great and General Court or Affembly of the Pro- vince of the 1VIajachuf tis -Bay in New-England,i Begun .and held at Bo/lon, the twenty-fixth Day of May, i 6 97: CHA.P. I. An A& relating to Town Rates'or -Affefsments. divers Gon abler and Co.11e&rs of rows Rates or ..�1�(j' - preamble. \"\THEREAs idents, are''defe�tive and ne li Ent o their tut in not (finely a.�in�r f y� of the fame, as by the, Warrants or Eftreats to them committed they are required : For Redrefs whereof 4TH'&M,ea.r3. Ir r. t3 W:ca. 18. ice it eltiictcl tip tb e A,aeu�ttnont' i5obrtnour, I�ottr[cfl altb .Iltcprefen: 9 d. ca. s• tittYbe0 in ppm! ma! Court a rotifi[eb, nab bpi t1jeimuri ogity of tlje fatty, Constables or That the Conflables or Collectors within the feveral Towns in. this Province, Colleaors of who' any hay& had, or hereafter (hall have, Rates or Aftefsments for the defra - Rates y :27.11uin ing of Town Charges, orderly made and committed unto them to eolith, . the theirAccountsg Accounts and"P: yment whereof are not ifjited; •or that at any.Time•orTimes thereof by the hereafter fhall not pay in and iffite their Accounts thereof with the Treafitrer time prehx'd of fuchTown,'or otherPerfon appointed by theSelea-men to be a -Receiver -of rants t'or bear - the fame, by the Tinie prefix'd 'in the Warrants 'to. them refpeetively given, -for liable to Ste. the colle&ir g and paying in thereof, or within the fpaee of oneMonth next offer r r G ca. the' Expiration thereof ; every fuch defeaive Conflable or Colltor, !hall he 40 z,ca• I. liable to the -A- #ion or Snit of theTreafurer�or Receiver. of fuck Town : And :n9t .2.Kx a. fuch • i697, AnnoRegni Regis GUL1ELM1,III. Nono. 70 trpat befo2e a 3luthce of the race. fuch Treafurer or Receiver, is hereby impowered and authorized to file for and recover all fiich Rates and Afl'efsments, or any 'Arrears thereof, of and from the Conflables or Collators rcfpe& ively to whom the fame were committed, and that have or fhall negle61 their Duty in that Regard ; by Action, Bill, Plaint or Information, in any of his Majefly's Courts of Record : Any Law, Ufage or Cuftom to the contrary notwithstanding. CHAP. II., , An Aet impowering Juftices of the Peace to decide Diffe— rences not exceeding Forty Shills?ags. latices of the e ft enactcb anb olbaineb by the Lieutenant 63O13CL'1ler, COt11101 £9111.1 Peace to grant IReptelentatittis, toltneileb in. Wetiecal a fetnblp, nub it 10 fierebp Summons,Ca- £nlattet3 aril) tif.bainleb bp tr)eatltljottp of .tfie Mite, That all Manner pias t, forMat- Trelpafles and other Matters, not exceeding the Value of Forty ment, for:Vtat- bf Debts, j tern triable Shillings (wherein the Title of Land is not concerned) (hall and may be before them. heard, tried, adjudged and determined, by any of his Majefly's Juflices of the 27 G. z ca. t' Peace within this Province; in their refpeEtive 'Precincts ; who ate hereby im- powered, upon Complaint made of any filch Debt, Trefpafs or other Matter,as aforefaid, to grantSutilmoiis, Capias or 'Attachment, agaitift the Party com- plained of, directed to the. Sheriff or Marfhal of the County ; or either of their anndd Serving. Deputies, F for a Writ Duties, or Conflables of the Town wherein. fuch Party •lives : For which Summons, Capias or Attachinent,the Juflice fhall'be paid one Shilling ; -and the Officer for ferving the fame,olte Shilling, and no. more. And in Cafe of Non- appearance upon Summons duly ferved, being fo returned by 'the Officer ;' fuch Judice may ifJ'ue out a Warrant of Contempt direEled to the Sheriff, or Marfhal or other Officer as aforefaid to bring the Contemner before him, as well to • anfwer the faid Contempt as the Plaintiff's Action, and may (if he fee Caufe) fine filch Contemner, not exceeding Ten Shillings, to be accounted for to thc Treafurer of theCounty towards defraying of CountyCharges : And after Judg- ment given in any Cafe, may grant an Execution orWarrant of Diftrcfs dire `led to the Sheriff or Marfhal or other Officer as aforefaid, to levy the faid Fine, Debt or Damage, With Charges, upon the Defendants Goods or Chattels. • And filch Officer byVirttie thereof .fhall expofe the fame to Sale,returning the Over - Fine for Con- plus if an be)to the Defendant ; and for •want of fuch I?iflrefs to take the tempt in not 1 � y appearing up—Body of the Defendant antL.hhu t� carry, -and convey to the common -Goal of on Summons. the County or Precin&t,� there to remain until ,he hath fatisfied the faid Fine, Debt or Damage,. with Charges. Arid in Cafe fuchComplainant beNon-fuited, or Judgment pats againft him, then the, faidjufflitds hereby y in -towered e 1 vi to affeis and to the Defendant reafonable Coils againft fuchComplainant, • 'recovered in Mariner and Form above exprefled. Writs to be Provided always, That all Summons, Capias or Attachment before,fuch ferved fevers jitfticc of the Peace, fhall be ferved and executed at leafl fever's, Days before .Days before Trial, the Time of Trial or Hearing. Provided alto, That the Pai-ty aggrieved (hall leave Liberty to appeal to the Party aggrie- nest Inferioui• Court of Common Pleas to be holden for the - fame,County; he ved to appeal ' ' • t to the Infers- .entring intoiRecognizance with one diffidentSurety, Colts in she Value the the Deb ear our Court. -Damage filed for, and diffident to anfwer j Appeal .there with EffeEt, and to abide the Order of the faid Court, where fuch Cafe • (hall be tried, and receive a sinal Elite aix! Determination. ettaoti� he whole Cafe to the Party appeal- And the Party appealing shall bring eCopies ing to bring .Court appealed,to, where each Party shall be allowed.theBenefit of any further the whole Plea or Evidence ; and if upon filch new Plea or Evidence the Jtldgment,hap- Cafc. pen to be reverted, the Appellant fhall have no Colts granted for,the firft Trial, Reafons of and fuch Appellant fhall alfo give.in the Rcafons of his Appeal unto: the Judice Appeal to be appealed from in writing (even Days inclufively before thc fitting,of the Court given in feven Z e,tled to. And all Juifices lire hereby required to keep fair:Records of al s before hey Trial. their Proceedings from Time to Time. i.111..rnI ..� .a 1 1 1 1 u J1111111111,, III Il:II HI IIT 11111,1% • 4 2nb Aii;io Regni Regis G U L 1 1J .L M I, IIx. None. � u "' �.n.'♦ iaabi bmcn t AI ape, 3urggety• titb be it further cnacteb dip tlle2itrba2,itp afo,efaib, That theClerk of any 'Town within this Province may and hereby is impowred to grant Replevins, Summons or Attachment for anyiviatter or Caufe triable before anyJuflice of the Peace,andSummons forWitnefies; and to dire& the fame to theCohitables of filch Town, of to the Party to be fun;moned forWitnefTes refpeelively ; and the Con - liable or Conftables are hereby required to execute fuch Replevins, Summons or Attachments accordingly, and to make due Return thereof. A &Is and Laws, Pafl'cd by the Great and General Court orAfl•'embly of theProvince of the MagacbiJntts-Bay in New-Eugfand, Bcguli and held at Boflon the twenty-fi:tth Day of May, 1697. And continued by fcvc;•al Prorogatiolis until the thirteenth of °SSober' following. CHAP. III. An Aa againfl Murder. a 1 * it enattcb bP the Lieutenant 0obcrnottr, Council anb .ept'efgnat: N -tow. itl(Lb£nerat Court alp? etnbleb,anb ilii tlje 4.utjjolitp of the fame) s19, ca. 4. That whofoever lhall commit wilful Murder upon premeditated .Malice or Hatred ; and be thereof convicted ; the Perfon or Perfons fo offending fhall be put to Death. 1697. 7a Clerks of Towns to grant Reple- vin, Stc. CHAP. IV. An Aet againft Ravifhment or Rape. it macro bv tete Lieutenantdi5ob£vnlotlr, Council anb Ieprefeuta= MO ill Centeat Coin affenibleb, anb tip the 28000 of try faint, That if any Man mall ravifh any Woman, committing carnal Copulation with her by Force againil her Will Or if any Man (hall unlawfully and carnally know and abufe any Woman -Child under the Age of ten. Years ; every Perfon t.nd Perfons offending hi either of the Cafes before -mentioned, being thereof' convilfed, fhall be accounted Felons, and fhall be adjudged to Euler the Pains of Death, as in Cafes of Felony. CHAP. V. Ali Aa for the Puniflanient of Buggery. 1OR avoiding of the deteflable cnd abominable Sin of Buggery with Alan- preamble. kind or Bea fl, which is contrary to the very Light of Nature : )^C it matte!) c:11b betlareb lip the Lieutenantcnobcrtibur, Council anb Re= prefrt?tztiuc5, iii Cctlere Court aifent111lcb,attb by le autljogitp of tfe fame, it i ' ctl.atte;1, That the fameOffence be judgedFelony, and fuch Order andForm of Procefs therein to be ufed againt1 the Offenders as in Cafes of Felony : And that every Man being duly convitled of lying with Mankind as he lieth with a Woman : And every Man or Woman that fhall have carnal Copulation with any Beall or bruit Creature ; the Offender and Offenders in either of the Cafes before mentioned, (hall differ the Pains of Death ; and the Bead (hall be flain and burned. sat w..r-..w..-......a *Yea. K CII AP. 1697. Anno RegniRegis GULIELMI,III. Nolo. 70 typal befoze a rjuftice of the eace. fuch Treafurer or Receiver, is hereby empowered and authorized to file for and recover all filch Rates and Aflbfsments, or any Arrears- thereof, of and from the Conflables or ColleEtors rcfpc&ively to whom the fame were committed, and that have or (hall negleE their Duty in that Regard ; by Adion, Bill, Plaint or Information, in any of his Majefty's Courts of Record : Any Law, Ufage or Cullom to the contrary notwithftanding. CHAP. II. An Ad innpowering Juftices of the' Peace to decide Diffe- rences not exceeding Foriy Shilhno-s. 45 iuftices of ti?e a ft enacteb anb ogbaineb by the Lieutenant '. ?ober'ttor, Council anti Peace to grant 31Re.prtfentatitht5, ronbciicb lit Wetteral Q1 fenttilp, ant it W Uttar Summons,Ca- mita atib otbaineb by theatltbodtp of the. fame, That all Manner pias mens, f rMttat- Trefpaffes and other Matters, not exceeding the Value of Forty meet, fortYlat- of Debts, 1 ters triable Shillings (wherein the Title of Land is not concerned) fhall ' and may be before them• heard, tried, adjudged and determined, by any of his 'Majcfl.y's Juflices of the Zj G. 2 ca. i Peace within this Province, in their refpeEtive Precineis ; who ate hereby im- pbwered, upon Complaint made of any filch Debt, Trefpafs or other Matter,as aforefaid, to grant Surhmolis, Capias or Attachment, agaiiift the Party cotn- w , plained of, direhed to the. Sheriff or Marfhal of the County ; 'or either of their anndd Serving.p F for rpt Deputies, or Conflables of the Town wherein- fuch Party lives -: For which Summons, Capias or Attachment,the Juttice fhall`be paid one Shilling ; 'and the ,Officer for ferving the fame,oie ,Shilling, and no more. And. in Cafe of Non- appearance i'ipbn Summons duly ferved, being fo returned by the Officer ; fuch Juflice may ifl'be out a \'Variant of Contempt directed to the Sheriff, or Marfhal or other Officer as aforefaid, to bring the Contemner before him, as well -to • anfwer the faid Contempt as the Plaintiff's Aftion, and may (if he fee Caufe) - fine fuch Contemner, not exceeding Ten Shillings, to bc accounted for to the Treafurer of theCounty towards defraying.of CountyCharges : And after judg- ment given in any Cafe, may grant an Execution orWarrant of Difircfs dire `led to the Sheriffor.Marfhal or other Officer as aforefaid, to levy the faidt'in , ..Debt or Damage, with Charges, upon the Defendants Goods or Chattels. d filch Officer byVirttie thereof .'hall ekpofe the fame to Sale,returning the O'ver- Fine for Con- tempt in not plus (if any be) to the Defendant ; and for :want of fuch Difirefs to take the appearing up—Body of the Defendant, and_hin te, carry and convey to the, common„Goal . of on Summons. the County or Precinet, there to remain until , he hath faisfied the faid Fine, Debt or Damage,. with Charges. And in Cafe fuchComplainant beNon-fuired, or Judgment pafs againft him, then the, faidJuflice is hereby impowered to afters to the Defendant reafbnable Colts again(' fuch Complainant, to be levied and recovered in Manlier and Form above expreffecl� Provided always, That all Summons, Capias or Attachment before,fiicli jUfiicc•of the Peace, (hall bc ferved and executed at leaf' feven Days before the Time of Trial or. Hearing. Provided alfo, That the Party aggrieved (hall have Liberty to appeal to the Party aggrie next -II -del -lour Inf•�rl0tlr GpurC of Common Pleas to be holden for the -fame: County; he ved to appeal entrin Into RecO nizance with one fuflicient Surety- in the Value of the Debt or to the Infers- . . our Court. - .Damage filed for g and fufficient to anfwer all Coils to profecute, the Paid Appeal .there with Efleet,, and to abide the Order of the faid Court, .where fuch Cafe ' (hall be tried,- and receive a final Iflhe and Determination. . And the,Party.appealing (hall bring the Copies of the whole Cafe to the Court appealed.to, where each Party fhall be allowed.theBenefit of any further Plea or Evidence ; and. if upon filch new Plea or Evidence the u grnent hap pert to be reverted,. the Appellant guilt have no Colts granted ; Reafont of and fuch Appellant shall alfo give; in the Rcafons of his Appeal unto. the Jufiice Appeal_tobeappealed from in writing 'even Days inclufvely before the fitting of the Court given in feven appealed to. - And all JuflicesSe hereby required to keep fair Records of all Days before the Trial. their Proceedings from Time to Time, 2ttb Writs to be ferved feven Days before Trial. Party appeal- ing to bring the whole Cafe. r I.1 iipu111,11111111 111 i uhissolighh111;11 11 J Anno Regii Reef G U L i P.L M 1, III. None. 1697. Mutbtr. iaabitimuilt 3 a e. 213tirggcrip. 71 sato the it flirting cnattrb fhp tljeaurliazttp afo efatb, That theClerk of any Clerks of Town within this Province may and hereby is ilnpowred to grant Replevins, Towns to Summons or A ttachment for anyMatter or Cattle triable before any Jo.flice of the grant Reple- Peace,anaSuriimons forWitneites; and to dire& the fame to theConflables of filch vin, c. Town, or to the Party to be fumnionedforWitnefTes refpeEFively; and the Con - liable or Conflables arc hereby required to execute fuch Replevins, Summons or Attachments accordingly, and to make due Return thereof. -A &s and Laws, Paired, by the Great and General CourtorAfrenlbly oftheProvince of rhe il-1t fichirfetts-Bay in New-Eng/ond, Begun and held at }?o/ion the twenty-fixth Day of May, 1697. And continued by fi veral Proro atiolls until the thirteenth of OFiob& following. C H A P. HI. An Al againft Murder. gski e it /HMO by t;e Lieutenant eobernour, Council anti i .eprefenta: tt1eo. indBeneral Court afietltihlcb,anb by die Outbalitp of tbe fame, s 1', ca. 4. That whofoever fhall commit wilful Murder upon premeditated Malice or Hatred ; and be thereof convicted ; the Perfon or Perfons fo offending (hall be put to Death. CHAP. IV. An Aet againft Ravifhment or Rape. it ena(teb bp the lieutenant db-oberlioilr, Council anti Lteprefenta; E ti5je5 in C;eiletal Coiut afcutbleb, anb lip tje 2ilt1joattp of Oe fame, That if any Man (hall ravifh any Woman, committing carnal Copulation with her by Force again(' her Will : Or if any Man Shall unlawfully and carnally know and abu re any Woman -Child tinder the Age of ten, Years ; every Perfon Perfons offending iii either of the Cafes before -mentioned, being thereof conviCied, (hall be accounted Felons, and 'hall be adjudged to fuf er the Pains of Death, as in Cafes of Felony. CHAP. V. An A& for the' Puniflznient of Buggery. FOR avoiding of the detef agile cnd abominable Sin of Buggery with Man- Preamble. hind or Bea/1, which is contrary to the very Light of .Nature : )iBC lc cnnaeb attb tietlareb lip tije Lieutenant 63oliernaur, council anti Art l:refrtitatft ee ) ill Central Court a(fctnbleD,attb Ilii tije 2iutfjolitp Of tb a fame, it i ' en acteb, That the fameO'fence be judgedFelony, and fuch Order andForm of Prbcefs therein to be ufed againft the Offenders as in Cafes of Felony : And that every elan being duly convieted of lying with Mankind as he Beth with a Woman : And every Man or Woman that fhall have carnal Copulation with any Beall or bruit Creature ; the Offender and Offenders in either of the Cafes before mentioned, 'hall Suffer rhe Pains of Death ; and the Beall fhall be 'lain and burned. ...-...:.waive:.... CH AP. r 69 7. Ann Regni Regis G U L I E L M I, III. Nono. 7 2 a4jctf m tai.p c %; Denz. Preamble. Deeds execu- ted by Signing Sealing Ac- knowledg- ment & Re- cord, to be valid. 8 T ca. 3. No Bargain, Sale,&c. made three Months next after this A& to be good againftany,but the Granter, without being Acknowleged and Recorded' Proof of a Deed by Wit - twins, in cafe, to be equiva- lent to Ac- knowledg- mcnt. CII AP. VI. - An AEt againf Atheifni and Blafphemy. z it bcclareb anti emitter by the ].Liittcna t eabetnotir, Council at>c7 Esprefentatfbeo, ultimo in antral Court of 2ffembip,.nnth it to rnacteb by +tlje 2utf otp of the faint, That if any Perron ;hall pre - fume wilfully to blafph'eme the holyName of God'; Father,Son, orHolyGhoft ; either -by denying, curling or reproaching the true God ; his Creation or Govern- ment of theWorld : or by denying, curling, or reproaching the holyWord of God ; that is, the canonical Scriptures contained in the Books of theOld and NewTefla- ment; namely GENESIS, Exodus, Leviticus, Numbers, ¶eutcronomy, Jo- j7ua,Judges,Rut la, Samuel, Samuel, Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah, Eflber, Job, Pfalms, Proverbs, Eccle iafles, `T'heSong',.of Solomon, Ifaiah, Jeremiah,Lalnentations,Ezekiel,Vaniel, Idofea, Joel,Amos, Obadial.J, Jonah, Micah, Nahum, Habakkak,Zepbaniab, Haggai, Zecbariah,Malacbi : MATTHEW, Mark, Luke, John, ./.15s, Romctrts, Corinthians,Corinthians, Galatians, Epheflans,Philippians, Color ans,¶hecalonians, rhefJalonians, Ti- mothy, i-mothy, Timothy, Titus, Philemon, Hebrews, fames, Peter, Peter, John, fohn, John, fude,Revelation : Everyone fo offending shall be punifhed by Imprifon- ment, not exceedingfixMonths, and until they findSureties for thegoodBehaviour; by fitting in the Pillory.; by Whipping ; boaring thorow the Tongue,with a red hot Iron ; or fitting upon the Gallows with a Rope about their Neck; at the Difcretibn of the .Court of Mize, and General .Goal Delivery, before which the Trial (hall be ; according to the Circumflances, which may aggravate or al> leviate the Offence. - Provided; That -not more than two of the fore -mentioned Punifhments fhall be inflicted for one and the fame Fac& CHAP: VII. An Ad for Regif+ring of Deeds and Conveyances. li"OR thePrevention of Clandefline and uncertainSales of B'oufes andLands-: • And to the Intent it may be the better known what Right, Title orinte- refl Perfons have in or- to fuch Eflates as they (hall offer to Sale : 1St it ettacteb nab bedaub by the Lieutenant d$a11ernour, Counrll Hilts Ac; prefentatibecS, In O'enerni Cotitt riffembirti, cath by the 2ut1jeiiw cf tlje fault, That henceforth all Deeds or Conveyances of any Houfes or Lands within this Province, figned.and fealed by theParty or Parties granting the faille, having good and lawful Right or Authority thereto, and acknowledged by filch Granter or Granters before a Juflice of the Peace, and recorded at Length in the Regiflry of the County where fuch Houfes or Lands do lie ; fhall be valid to pais the fame, without any other A& or Ceremony in the Law whatfoever. And that from and after three Months next after Publication of this Aft, no Bargain, Sale, Mortgage or other Conveyance of Houfes or Lands made and executed within this Province, (hall be good and effcEtual in Law to hold fuch Houfes or Lands againfl any other Perron or Perfons, but the Granter or Gran- ters, and.their Heirs only; unlcfs the Deed or Deeds thereof be acknowledged and recorded in Manner as is before exprefled.' Provided neverthelefs, That when . and fo often as it shall happen any Gram ter to live in Parts beyond Sea, or to be removed out of this Province, or to be dead before.any Deed orConveyance by him or her made,be acknowledged as aforefaid ; in every filch Cafe, the Proof of inch Deed or Conveyancemade by the Oaths of two of the Witneffes thereto fubfcribed, before any Court of Record within this Province, (]gall be equivalent to the Parties own Acknow- ledgement thereof. Zit Anno Regni,Regis G U L I E L M I, M. Norio. 3 697: Jacinth? otY Due • 73 gnb Ge ft furter etta'eb ilp tlje g.utt ;ojtp afarefaaib, That if any Granter Penalty for or Vender of any Houfes or Lands shall refute to acknowledge as is aforefaid, erfons refu- any Grant, Bargain, Sale, or Mortgage by him or her figned and fealed, being ting to Ac - thereunto required by the Grantee or Vendee, his, her,oi• their Heirs or Ailigns ; knowledge it fhall be lawful for any Juflice of the'Peace, within the County where filch theirDeeds. Granter or Vender lives,. upon Complaint made, to fend for the Party fo refit- ling; efuling; and if he or The perfift in fuch Refufal; to commit him or her to Prifon without Bail or Mainprize, until fuch Party !hall acknowledge the fate : It'be- ' ing firfl .made appear and proved to be the Aft .and .Deed:of the fame Party by the Oath of' one or more of the. Witne%s thereto f ubfcribcd ; and fuch Grantee or Vendee filing a Copy oi his Deed fo proved in the ,Regifler's Office,: fhall thereby fecure his Title in the mean Time, and the fame (hall be accounted fufflcientCaution to every other Perfon and Perfons againft purchafing the Eflate in fuch Deed mentioned to be granted. Provided, That nothing in: this Ael fhall be conflrued, deemed or extended saving for to bar any Widow of' any Vender or Mortgager of Lands or Tenements, from Dower, her Dower or :Right in ono fuch Lands or Tenements, who did not legallyjoin with her Hufband in fuch Sale' or Mortgage, or otherwife lawfully bar or ex- clude her felffrom fuch.her Lower or Right. . ' • a.nb it i0 timber etiacteb ,tip, the 2utfjozitp nlroltfaib, That any Mortgagee of anyLands orTenements, his or her Heirs,Executors or Adminiflrators having g osWlhall be • received full Satisfaelion. and Payment of all'-fueh Sum and Sums of Money as difcharged, are really due to him by ;fuch Nl ortgage ; Shall at the Requefl of the Mortga- ger, his ffeirs, Executor$ or. Adminifirators acknowledge and caufe fuch Satis• - faelion. and 'Payment to. be entred in the .Margin of theRecord of fuch Mortgage in the Regifler'-s Office,. and,(hall fign the fame, which (hall for ever thereafter difcharge, defeat and releafe.fuch Mortgage; 'and perpetually bar all ,Aetions to be brought thereupon ib any Court of Record. And if fuch Mortgagee, his or her Heirs; ExecutorsorgAdminiflrators (hall not within ten Days next afterReso quell in. that Behalf made; and'Tender of his;,.her or their reafonable Charges ; repair to the Re ifier's.Office, and there' make and fin fuc]i:. Acknowledgement p g g g as aforefaid, or otherwife .fign, and feal.a Difcharge of the Paid Mortgage,andRe- leak. arid ,Qiit*Claim tOthe Eftate therein tentioned:to.begranted,andacknow- ledge the ;tame, before a juflice..of Peace,, he,, the, or they: fo refuting,' (hall. be liable to niake good all Damages for want .df..ftich Difcharge or Releafe : to be recovered -by A.&ion or Suit -in. any Court .offecord, And in .Cafe Judgment pal's .againfl the Party to fued,,; be,,fhe or They fo,caft,'14311 pay unto the adverfe Party. treble calls ari•fing ;epos j.ich be it further,,enarteb; t betins;e,»,lip,t.!t Zutijolftp tafoefaib, That; the Cler '.of the interiour; Court, of Pleas in each refpe&iv,e County, (hall: alfo. 7 G. S; be the Regifler .of Deeds,and, Conveyances, .and (hall fairly enter and record' at t a G. ca::. Length, all D.eeds,Conveyancesand Mortgages of.anyLands, Tenements, Rents Clerk of the and otherHeredi.taments,lying and being within the farneC:ounty made, executed Inferiour acknowledLor ped ..roved, iii Manner as�is aforefaid� which (Ball be brought tot Reit ro be �,$ Regifier of him to Record ; and fhall.-fin ,Receipt thereof into the Office, note thereupon Deeds, the Day, Month and Year ,when he received, the fame,; ,and ,the Record tad" bear, the fame Date. And every fuch Regifler before be execute the faidOfliice, to bo (worn; than be Sworn before one.or more of the Juflices of fuch Court,well, truly and faithfully to execute the fame. And it fhall and may bejawful to and for every Regifler ,aforefaid, to alk and ,receive for:entring and recording -any Deed': Con veyance or Mortgage, twelve Pence for the firff Page, and eight Pence a Page RegiftersFeeg for fo many Ya.ges more as it (hall contain, and no more ; accounting after the Rate of twenty-eight Lines, of eight Words in a Linc to each Page,and propor, tionably for fo mush more as (hall be under'a Page; and fx Pence for :his At, rr Ration on the .Original, of .the Time, .Book. and Folio where it is recorded.:' Deeds exe and for Difcharge of a Mortgage as aforef,'id, one Shilling, and no more. eu9 2 tlb be fe limber enacteb anti bcc(ar�eb by :the Qutfjo�f tp nfogefnib, That ted according all Deeds of Bargain, Sale or Mortgage heretofore made and executed, accord- ro i orme Laws & Ulan ing to former Laws and Ufige, Thall be valid and effeEual, Valid. •K CHAP. X697. /¢ Preamble. Q ret Poifcfi fon from the firfl of Oc7ober 1692,anti! t'ic first of Ot7oier 1 7041 to give a'R,ight Saving for the King's Right. OtherSavings. Anna Reign; Regis GULIELM1, 111. Nono. 'f imitation ofir��'�,�a. 'CHAP. VIII. An Ae`t of Limitation. for Q1,1„. of Poffeffions. HERE AS a goad and beneficial Alt was made by the late Go:, vernour and Company of the Colony of. the Maf achufetts-Bay,in the .Y ear..of ,Oter.Lord God, One Thoufand fix Hundred fifty feven, cit the "Voids fallowing :. That is. to. f ty, ' That anyl'erfcin or Perfons that hath either himfelf or by his Grantees or Afligns before the Law made for Direction about. Inheritances, bearing Date Ot`ioler the nineteenth, One Thoufand fix Hundred.fifty and t*b, pofTefred and occupied as his; or their own. proper Right in Fee -Pimple, any Houfes or Lands withinithis:Jurifdir<tion, and:fhall fo con- . tinue, whether in their own Perfons; their Heirs 'orAffigtis, or by any other r Perfon or Perfons from, by or .under thein, without, Difurbance, Lett, Suit) or Denial legally made by having the Claim' ofanyPerfon thereto entred with the Recorder of the County where fuch HOPIS •or'Lands do lie; ' with the Names of the Perfons fo claiming, and the ianrity,: Bounds of the Lands o- .Houfes claimed; and fuch:Claim profec'utedita.afeet within :the Thin of fine Years next after, the twentieth of, One Thoufand fix Hundred and fifty feven : Every filch Proprietor; their Heirs and Affign& (hall •for ever after enjoy- the Carrie without any lawful Lett,.Suir,,,Diflurbance or Denial by any.a.tet Claim of any, Perfon or Pei'fotis,whatfoeer; any Law or Caen] CO the contrary nQtwithf:anding.', 'TiVfitch•aforerecitedAel having'byEx jperience j�een found to be ofgreat.Benefit and. Service toBis Majefiy'sSubjetls withinthe fail Colony, and prev.en,ting manyContcfls a'ndLtziu- Suit;.'which otherwife would., pave, r fen by Renton of.a Neglea. in.mnray Perfons to obferve a legal Cotenfe and ,1Vlethod for the. pafn(. and Confirmatthn of Sales and .Alienations. .flnel;whereas,fundry Perfons having: a. juft and. equitableR4 'ht' and title unto Eflates in Hauling or Lands -5 either acquired ;by Purcbafe, or otherw fe accruifig:into or fettlr',./'upon thcntfrrice'thepafir�rof the afore.recited..vU;,May zvant formal; Conveyances and Affurances in `.'the Law: for the faire ; or the Needs, ?J i/lrunients,,or other/Vritings concerningfuchEflates may be defealivei or im erfefly made and executed; whereby flich:Deno;<s .may be in.' -anger o being .cjeprived and evieled out of_.their;hone/l.and ju/l Rights a nd"Paffel`iorls Fbr'Prevetition'vvheteof, and for the further CQtaieting of Pofleflioni, and Selling of Titles : . #13 it :ewe) atitiliecla eb iiia thr Liicutcu iitqolfc`kf;tbtu.', ebun'tii'a'iiD At: prefattratitegi in ectur'at Court itffeilri�Yea, nti�iib tic' Itrtjaxfrp.b 'tt}e;fain't, That every Perfon and Perfons who were liofl'dfT'edflin l iW`'aird their owt4roper R.iglit of any Houfes or Lands within this Province'ulion the fief} Day;ofc`lo- ber,• ih the 'Fear of ',our .Lord God,::One Thoufand' fik','Hundred ninety two,. and:al:l: others deriving •from, by'or'under Bibi'or-thcrrii,'=conti'nuing thePdfleaion of fuch Honks, or Lands Until the :firft' Day of Oc7ober; 41MTiC11, will be in the Year:of:.our Lord, God,' Ono Thou faiid'feven Mildred'a'nd four, witliptliM* leflation:or Difturb'ance Iy`Claiin made thereto; and A&roti brought and prole-. cuted-for:the fame with Effclt ; • lhall by Virtue -of fucliPocreffion, , have hold acid enjoy loch Iroiifes :or Land's' unto hien or;theta',' 11i$ and their Heirs and: AfIigns :for ever in 1{'ee,' 1 And riIl AEtions.and Procefs'to`'be thereafter brought for the fame, are -hereby excluded and forever deb'a'rred. ..:Provided alzt'ays,, That them• Thal l- be a Saving,of chis Majefty's •Riglits, and all:liublick Lairds; belonging •to the'PreVince; nit tordei ly difpofed of. 'Provided al/o.; :That this A�tb iliall:not be underflood to bar the Title of any Infant, Feme Covert,. o; Perfon-non: coitnp?J mentis linprifoned, or in Captivity ; who Anil be, Allowed tlt Term of 'f in Years :next after fucht-Iniperfeelioii removed •to purfue their Claim br Challlcrige'tb'any'tropics or 'Lainds, • wherein they haveIntcref} orTitle : And' the like Time of fdtenYears!hall be alloted to Perfons having anEflate in Reverfidri4rj any Hoitf%s or Lands fronitlicTiriie fuch.Reverfion falls, to recover their Right ; and Pcrfons beyond Sea fhall be allowed the Term of ten Years from the Publication of this Pift to'plirfue their Claim or Challenge to any Houfes or Lands as aforcfaid. And ,t, "1;1»a Reg;;iRegis G U_LIELMI, III. Decirno. 3ncroacjjmcntgi on /IMO �ap 9 &c. .zlnd forafthuch as diversTowns and Settlements in the EaflernParts of this Province have been deferted and broken up by Rcc fon of the Rebellion and LYar made by the Indians; andfundry Perfons in other the Frontier Towns, parti- cularly enumerated in an .Ael of the General.AJnthly, have by Means thereof been driven from their Habitations and Improvements : 15e it tijcrefole ftw4jer probiDeb nnD Declarer lip tfje 2.ut!jolitp afogfaib, '11hat the Limitation. of Time for the Continuance of Pofrefi-ion by this .Aft pre- fixed, &all not extend or be underftood to extend unto anyHoufes or Lands lying to the: Eaftward of Pifcataqua River, or in other the Frontiers : but the fame Time, than bd,,and hereby is enlarged and lengthened out for the mace of five '.Years. next: after. the ending of the War with the Indians ; during which fpace all Perfons may, purfue their Right and Claim to an; Houfes and Lands lying in thole Parts and: Plaices and every of thein. And that no Perfon or Perfons pre- tending Right;orTitle in or to anyLands lying within this(.'rovince purchafed of anylndian or indians,without orderlyAllowance and Confirmation thereof had, according, to former Laws and Uf age of the feveral late Colonies of Maffacbus fiat- and New -Plymouth, and Province of Maine refpefively ; fhall have or receive any Benefit' by this A& with Reference to filch Lands. A&s and Laws, Paired by the Great and General Court or Affembly of the pro-. vince of the Malacht f tts-flay in New -England, Begun and held -t.Bofion, the ttventy-fifth Day of May, i 6 9 8. 1698. 75 Preamble. Five Years Time allowed from & after the ending of the War with the Indian, to lay claim to Lands lying to the Falk ard of Pifcataqua River, & in o- ther the Frontiers. [ G. ca, 6, Lands pur� chas'd 01 Judi; anrwithout or- derly Allow- ance. &c. are not confirmed by this Aft. CHAP. L. An Aa to pfevent incroachments upon High Ways, Streets, etc. lOR,,QSMUCTT as divers Incumbrances and Incroachnrents have been preambie, .1 . made in and:u on the common Roads T i hh . p Roads, Tflays and. Streets heretofore laid out in f veral Towns within this Province : . For Redrefs whereof : 1113e it . matter' 'lh.p rije Lieutenant ealnenour, muff nab ltcpr,efen: ;w,&M.ca, s-; tftibe0, Ill eelier'al Court &8G.z,ca. ttl�t ��fleirtt.feJ, att� .ftp rije �.tttfj�o�irp of the (ante, 7 3: That henceforth no 'Edifice, Building or Fence whatfoever, 'hall be railed erated, tulle, or'fet up in, upon, or over any of tiie faid Roads, High Ways, Sr'rects,. Lanes or. A lleys, in any Town within this Province, or any Part of any Of 'Ellett), whe.reby'to'flraiten thePafTage, or any Ways lelTen the full Breadth of any fuch Roads,High Ways, Streets,Lancs or Alleys, And if any Edifice, Build- ing or Fence whatfoever_fhall be railed erected, built or fet up, upon, in or over a'lry'fucb Road, High Way, Street or Alley, contrary hereunto • everyfuch Edifice, Building or Fence Mall be deemed and held to be a cominon.Nunce.: And 'the 'Court .of General,Sellions of the Peace 'for the County in which fuch Town cloth lie, uponComplaint, and making out the fame before them, are hereby impowred to Order and Caufe fuch Edifice, Building or Fence to be taken ,down, dcinolifhted and removed; and,alfoto Caufe to be removed all fuchIncroachments, or Incumbrances as.heretofore have been made, upon, in or over any common Road, :High Way or Street as af'oref-tid; and. the Charge thereof to be anfwercd and-paid'by difpofng.of fo much of the Materials, as fhall be necefl'ary to fatis- fy the fame, Prot-ided neverthelefs, That thisA&t (hall not be intended or conflrued to in- tend the prohibiting of the fetting up of any Conduit, Watch-IIoufe, Cage or Stocks, for [niblick le, to or upon -any High Way or Street within any Town. CHAP, 1.698, Anno Regui Regis G U L I E L M Z,- III. Decitno. b . Preamble. W.£ti111.ca.9 ca. 1. No Butcher, Currier or Shoe maker, to be a Tan- ner. No Tanrer to.ufe the' Trade of Butcher, Cur rier or Shoe- maker. antner5, turrierz, CoOivatnerL, CHAP. IL An A& forRegulating of Tanners,Curriers, and Cordwainers. ,OR the better preventing of Deceits and Sups by Tanners,Curriers,and (refers, or Workers up of Leather : 115e it meet) by the Lieutenant . c.5obernout, Council ant 3Reprefen= tatiber itt (Sentra Court affentliieb, flub ftp the Outho;itp of the fame, That no Perfon or Perfons whatfoever ufing or occupying the Feat orMyflery of a Butcher, Currier or Shoe -mi ker, by himfelf or any other, 'hall ufe or ex- ercife the Feat or Myflery of a Tanner ; on Pain of the Forfeiture of fix Shillings and eight Pence fbr every Hide or Skin by hint or them fo tanned, whilfl he or' they 'hall ufe or occupy any of the Myfleries aforefaid. Nor (hall any Tanner during his ufing the faidTrade of' Tanning by himfelf or any other, ufe or occupy the Feat or Myflery either of Butcher, Currier or Shoe -maker ; - upon Pain of the like Forfeiture as aforefaid. And no Butcher whatfoever by himfelf or any other Perfon, (hall gafh or cut any Hide of -Ox, Bull, Steer or Cow, in fieaing thereof, or otherwife, whereby the fame fhall be impaired or da- maged ; on Pain of forfeiting twelve Pence for every gafh or .cut in any fuch Hide or Skin. No Tanner to offer or put to Sale any Lea- ther infuffici- ently tanned. No unkind Heats to be ufed ill Tan- ning. No Leather to be curried that is not Pealed. Penalty on Curriers for marring or hurting any Hide by evil workmanfhip Penalty on Shoe -makers for working up infuflicient Leather. ,tub be it limber enacteb by the Sutljo;ftp afolefaib, That no Perfon or Perfons whatfoever ufing, or which 'hall ufe the Myflery or Faculty of Tan- ning, !hall at any Time or Times hereafter, offer to put to Sale any Kind of 'Leather which Shall be infutficiently tanned, or which have been over -limed, or burnt in the Litres ; or which (hall not have been after the Tanning thereof well and throughly dried ; or that 'hall not be fealed as in and by this Aft is hereafter .direEled ; upon Pain of forfeiting the whole Hide, half Hide or other Piece of fuch Leather, fo offered or put to Sale. And no Perfon or Perfons whatfoever ufing, or that fball hereafter ufe theMyftery or Faculty of Tanning, Shall fet any of his or their Fatts inTan-Hills or other Places where theWoozes or Leather put to tann in the fame, Miall or may take any unkind Heats, nor fhall put any Leather into any hot or warm Woozes whatfoever, on Pain of forfeiting Twenty Pounds for every filch Offence. ate it further ettacteb lip the Q.utb o;itp afolefaib, That no Perfon or Perfons whatfoever, ufing or occupying, or that fhall herefter ufe or occupy the Myflery or Faculty of Currying, fhall or may cut ry any Kind of Leather, ex- cept it be fealed, as is herein after provided ; ror Shall curry any Hide being not throughly dried after his wet Seafon, in which wet Seafon he Shall not ufe any Bale Urine, or any other deceitful or fubtle Mixture, Thing, Way orMeans to corrupt or hurt the fame ; nor Shall curry any Leather meet for outer Sole. Leather, with any other than good hardTal low, nor with any lefs of that than the Leather will receive ; nor 'hall curry any Kind of Leather meet for upperLea- ther and inward Soles, but with good and fufficient Stuff, being frefh and not Salt, and throughly Liquored till it will receive no more ; nor (hall burn or fcal'd any Hide orLeather in the currying, but 'hall work the fame fufficiently in all Points and Refpe5ts : on Pain of forfeiting for every fuch Offence orAEt done contrary to the true Intent and Meaning hereof, every fuch Hide marred or hurt by his evil Workmanthip or handling. ' 2nb be it further enarteb by the outtjolitp afo;efaib, That no Perron or Per- fons ufing or that {hall hereafter ufe or occupy the Myftery or Faculty of a Shoe- maker or Cordwainer,, 'hall workup into Shoes, Boots or other Wares,anyLea- ther that is not tanned and curried in Manner as aforefaid ; nor (hall ufe any Leather made of Horfes Hide, for the inner Soles of any fuch Shoes or Boots ; on Pain of forfeiting all fuch Shoes, Boots, or other Wares made or wrought up of fuch infilfficient Leather. And for the more efedual Execution of this .Ael Pe it enactcb ftp the Silutijogtp afalefaib, That all Leather that. is orlhall hereafter be tanned or curried, 'hall before the famepafs out of the Tanners or Curriers Ito (1111i, e /limo Icrpuiitcgis GUL1F,.L'I, M. Dccimo. ;,,dotter', (.coy; % ��+ ill✓ < • 1090. /7 Curriers Yard, Houle or Place refpeaivcly where it was wrought ; bc viewed b the (i^orn Searchers and Sealers of Leather by irc&cd to bc annually doll Leather. y . Law d�to be fca�ect cho(en in Rich Towns where there (hall be Nccd, who Shall have two f ivcral before ie pa& Marks or Seals, to bc prepared by each "Down for that Purpo(c, with the of out of the which they (ball Scal all fiich Leather as they (hall find well and fufficiently I'cfi'eflion of S7 n �,,Cln r n ; the ' 1 1 n t Tanners or i;inncd in all �.cfoeet3 a. a.orc(aid an:1 with the other, all filch Leather as tncy Curriers. 'hall find vw cl l and fufficiently curried as ;s before mentioned, and no other. And the God Scarchcrs and Scalers fhall,and hereby arc authorized and impowered e'c o, 1'cio, to make Search and View in any Houle, Slaop,Warellotife or ocherP}Nee within the Limits of their refpe&ive Precincks where they conceive any Leather to be, whether wrought into Shoes Boots, or other Wares, pr dote as oft as they Sealers er 'hall think meet, or :is there [hall the Need. And If . the laid Searchers and officio to search Scalers, or any of them,fh.al1 find anyLeather fold or altered to he fold,brought,and view or offered to be Searched and Sealed, which (hall be tanned, curried, handled or Leather. tired contrary to the true Intent and Meaning of this A : or 'hall find -ally Leather in whole Sides out of' the Poffeflion of a Tanner not being fcalcd with thc Mark or Seal to be ufed for Leather only tanned ; or out of the Poffeflioii of a Currier, not being leafed with theMarl: or cal to be ufed for Leather when curried : In every filch Cafe it fhall and may be ,lawful for the laid Searchers and Sealers, or any of' thern, to feize all fuch infuficicnt or unfealed Leather, whether it be wrought up into Wares, or not. And if the Owner or Claimer To leak all thereof [hall not fubmit to the Judgment of the Officer or Officers that f_ized infuflicient or the fame, Rich Officer or Officers 'hall retain fuch Leather in his or thcirCufto- anfealed Lea- dy, until "Trial thereof be had as is hereafter dire&:cd, and Judgment thereon they. given. And in fuch Cafe, the Paid Officer or Officers (hall within three Days next after fiich Seizure inform fomc Jufficc of the Peace thereof, who fhall Ta ryersointetod. be thereupon appoint four or fix Men, honeff and fkilful in Leather, to view the pp lanae in Prefcncc of thc Owner or Claimer, or without him (if having Notice) he sloes not appear ; and to report unto him upon theirOaths the Defe&s which they find in the laid Leather : Which Report Bich Ju(lice (hall return unto.thc Court or 1 -office rcfpcdively before whom thc Trial of the faidLeather fhall bc. But in Cafe the 'diel Viewers Plait Report that they clo not find fuch Leather or -Wares fo feizcd, in ai-y Refpc& dcfe&i e according to the Intent of this A&; the Ju(lice that appointed filch Viewers (hall cau (c the fame to be,forthwitli difcllarged from the Seizure made by fuch Officer or Officers. ant LL6r ..414tijct cnllact) b' ►tyzatitljr.ftafore a ili, That noPcrfon orPcr- fons whatfoever (hall or may withfland or refill theScarchcrs andScalers in the due Execution of thcirOffiiee,nor in the fcizing of any infiifticient Leather or Wares ; on pain of forfeiting the Sum of fr ePo:nza's for every fuch Offence. And the Fee for Parching and Pealing of Leather Shall he oheyCt.'1 y per Hide for any Parcel lets than five ; and for all other Parcels after thc Rate of fix Pence per Dickar ; which Fec the Tanner andCurricr rcfpc&ivcly Shall pay upon fcaling the fail Leather from Time to Time ; and fhall alio pay three Pence per Mile for every Mile any Scaler or Searcher than travel above one, for which he is not to be allowed any thing. And no Sealer -or Searcher of Leather i'I1:iil refufe within conirenient Time to do his Office ; or (hall allow anyLeather orWares which arc not fufficient ; on pail of forfeiting forty Shillings ; nor 'hall take any Bribe or exact more than his d ne Fees ; on pain of forfeiting YtheSu 11 of tenPouncIS for every fiich Offence. alfa • ft fu tljtl carateb ltn tfjz QIuijRgte nftlicfah, That all Fines, Pe- nalties andl'orfeitures that (hall arifc and grow due by Venue of this A&, or any Claaufe therein contained ; fhallaccrue and be difpofed of in Manner following,viz. Fines and One third Part thereof to the Treafiirer of the County where the Offence is Forfeiture; committed, for the defraying of County Charges one third Part thereof to the how to be Treafnrcr or Sclec`t-men of the Town where the Offender inhabiteth, to the 'Elie difpofed. of the Poor of fuchTown; and the other third Part to the Seizer orSeizers of filch infi.iflicient Leather, or to him or them that (hall inform and Sue for the fiid Fines, Penalties or Forfeitures; to be recovered by Aftion,Bill, Plaint or Information in anyInferiourCourt of CommonPleas, or before anyJuffice of Peaace,when theMat- tcr doth not exceed the Value offorty Sha/lil;�r. !3a Penalty for refitting the Searchers. Fee for S cal - Penalty nn Slfar nebleae�ters of Duty. • I693. 78 f oFfim 0f fljc Wit foR dialling an affenibly, ith it io further cnaaeb,hp tf e 2tithoiitp rifoieftnfp., That when and fo Carriers Jia- often as an Leather belonging to an Tanner or other Perfon !hall be fcizecl and good o make become forfeit for ars Defe& of� rhe Currier in his Workmanfhi i about or hand- !Lie'the ofailLea. ling of the f.me ; fuch Currier (hall be liable to make good unto the Tanner Cher feized or other Owner of fuch Leather fo feized and fbrfeited, the full Value thereof, fax 'ill World m '11, , with his juflCo(ls and Damages, to be recovered by Action to be therefore brought* againft fuch Currier in any Inferiour Court of Common Pleas, or before any Juflice of Peace; if the Value exceed nor forty Shillings : For the better af- certaining of Which Value, the Perfons to be appointed as aforefaid for viewing the Defeats in Leather, Than (when the fame is feized for being purred or fhoiled by .the Currier) through his ill Workrnanfliip or handling, be alto appointed to eftimate and judge the Value thereof, and snake Report of the fame, together with the Defe&s. .AnnoRegniRegis 'G0Lt ELM I, Liccim d. 1 I Il it I II CHAP. iT1. An Ad for eftablifhing the Form of the Writ and Precept for calling a Great and General Court or.Aftembly, Wit maters.ata obt�inch. by 'tfje :Outmand5obernour, Council she1Z.eprefentatiile ; tonvettO in tiintel:al Taentlt[p, ntth, it tib 'jerebp 5 G1! & M. nitafreb ani) olbaineo bp the .@ tttb oFil p of the fault, That the Writ ca. 1 r. to be at any Time hereafter iffiled by the Governour or Commander in Chief of this Province for calling a Great and General Court or Affembly ; as alfo the )Precept to be iffued by the Sheriff or iviarihal in Obfervance thereof, to the Sege& -men, of the feveral Towns, and their Return thereupon (when any Per= fon or Perfons (hall be chofen to, Reprefent them in the Paid Court) (hall be the Forms following. That is to fay : Writ for cal- - Z: U/li the Third by the Grace of GOA, of .England, Scotl;ind; ling a Great France and Ireland, XING,' Defender o the Faith, &c. and general To Our Slier f or 1Vtarfhal of Our CPt t o S. within Our Province Court . Alt o the Maflachufetts-Ba iet New England. Greeting. fembly. .f Y � ,, We Command, That Upon Receipt hereof, you forthwith make opt your Precept, directed unto the Selec&-men of each refpective Town within yourPre- ciat, requiring them to caufe the Freeholders and other Inhabitants of their feveral Towns, duly qualified, as in and by Our Royal Charter is directed, to alibi -61e at fuch Time and Place as they (hall appoint,to ele& and depute Oiie or more Perfons (being Freeholders andRefident in the fameTown) according to the Number fet and Emitted, by an A& of the Great and General Court orAffem- bly of Our aforefaid Province, to Serve for and Reprefent them refpeCtively in a Great and General Court or Afl"embly by Us appointed to be convened, held and kept for Our Service ; at the Town-lioufc in Boflon, upon the Day of next enfuing the Date of thele Prefents ; and to caufe the Perfon or Perfons fo elected and deputed by the major Part of thcEledors pre- fent at fuch Ele&ion, to be timely notified and fiunmoned by:the Conflable or Conflables of fuch Town, to attend Our Service in the faid Great andGeneral Court or Affembly, on the Day above prefixed, by Nine in the Morning, and fo De Die in Them, during their Seffion and SeI ions ; and to return the Paid Precepts with the Navies of the Perfon or Perfons fo elated and deputed, unto your felt : whereof you are t� make Return, 'together with this Writ, and of your Doings therein, under your Hand, into Our Secretary's Office at Boflon, one Day at the leafl before the faid Coitrt's fitting.. Hereof you may nor fail at your Peril. Witnefs and Commander in Chief, in and over Our Province of the Mafachzfetts-Bay aforefaid. Given atBofion under the niblick Seal 'of Our laid Province, the Day of In the ear of Our Reign. Snoque Domini - By Command of 7. 4. Seer.. folk Rrcr;;i RegisLG.7 V L11 i.. L M 1, 111. Dee) o., i 69E% olk, IT: Uhlcrvancc of His PvJ;ijcfly's Writ to me dire&cd : Tilde arc in Hala- 1 jally's Name to Will and Require you forthwith to cane! the Freeholders and other Inhabitants of your Trn.vn. that have an Eltatc-ofErcehcict in Land within this [Province or Territory, of FortyShillin7s per Annum at the leant, or other Fibre, to tits Value of Ffty Pounds Sterling, To atikmblc at (itch Time and Place as you (hall appoint ; then and there to elcd and depute one or more Perfons (being Freeholders and Refidcnt in the fable fowp ; according to the Number let a.nd limited by an '-`,(Ton' the General Affembly, to Seive for and Reprefent them in a Great and General ourt or llflembly, appointed, to be convened; he d and lap! for J-1 is ',lajcfly's Service at theTown-Hou le in Roflori, upon the Day of next enfuing the Date hereof ; and to cadre the erfim o• Ferrous Co elc ted and deputed by the major Part of the Electors prefeht at filch Election, to be timely notified and fumnioned by one or more Of tilt Conflables of your Town, to attend his Zti1a e(ty's Service in the laid Great arid General Court or Affembly, on the Day, above prefixed, by Nine in the Morning; and fo De Die in `.7�ient, during their Benson and Scflions. Hereof bail not, and make Return of this .Y'recept, with the Names of the Perlin) or Perfons fo ele:aed and deputed, with their being Summoned, unto my felf Days at the leaft before the faid Day of next. Given under my Hand and Seal at B, the Day of In the Year of His iVIajcity's Reign. .phot tcc domini - A. B. of the County of Suffolk; — o elle Sciec`i-Men of t he Crown of 13. in the County above ric'. Greeting. Urft,atit to the. i'rccept within -written; the Freeholders and other Inhabi- tants of the Town of B. qualified as is therein direCted,u pon ducWarnin, 1 g given; affcrnlited and met together the Day of and then did eiea and depute to ferve for and reprefent them in. the Seffion and Se!Lons of the Great and General Court or AfT'embly appointed to be con- vened, held and kept for His Majefly's Service at the Town Houfe in Boflon, upon - . the , Day of • • the Paid Perfon being thofen by .the major Part of theEle&ors prefent.at laid Meeting, Dated in 13. aforefaid- the Day of :Ano Domini `gape Per fon cbfeh a.s abovefaid; A. B. • notified thereof and fiimhtoned C. D.Selct. to attend accordingly, by nie E. F. o f B. A. 13. Conflable of B. CHAP. IV. An AE{ for 13roviding of Pounds, and to prevent Refcous and Pound -Breach. it "i1► tcii by the tieittetitiiit edoet'Itour, Council anti ttclirefcttrsts tiOt>r;, lel (5etictal «Court nffcinb[ct, aria by tbc2utiftozftp of the faille, Each Town That there fliall be a fufficient found or [Pounds made and maintain- to m ed from Time to Time, in every Town and Precin& within this Province .a fu ciaintae'nti n in in filch Part or Places thereof, as the Select -men frail. dire& and appoint, at I'�f, z Aoun. ca. 3. the Coft and C harge of fuch Town �t Precinct ; for the impounding and reflrain- '&i C,zca. 3'. Ing of all Swine, Cartel or Sheep, liable to be Impounded or Reftrained, for any of tile Caufes herein after mentioned. .And that it (hall and may be lawful to and for any other Perfon or Perfotis as well as the Hawards or Field -Drivers, b take up and Impound, or caufe to For what be irhpoiinded, any Swine; Neat Cattel, Horfes or Sheep; asJhall be found da- Caufes Carrel mage fcafant in any Corn,Field, or other Inclofure ; or Swine found unyoked &c. are to be or unringed ; Neat Cattle, Holies or Sheep going upon the Common, not al_ Impounded, L lowed 7g I'rcrept to the Se'ca- men, fc r C'lin;ce of R'es prerentative3; Return to be indorfed ort the Precepro 1698. 41:10Rep; Reg! sGULIELMI, III: Do lowed to feed there by the majir Parc of die Propriety, who are ,impowred to permit thc fame; any Law to the contrary noiwithflanding. And the Owners or Claimers of any fuch Creatures Impounded as aforefilid, {ball pay the Fees Fc forlet in and by an A& Intiticd, An Att for regulating of Fences, Cattcl, & c. Fere ]•m- � � , pounding unto the Pound -keeper, before they be delivered our of Pound ; as al fo the Fee SAY&Dl.ca �' to the Party Impounding, and Damage to the Pal ty injured ; un lets fuch Owner or C faller [hall think fit toReplevic his Crcatureslmpounded, and give fuflicient Bond with one or More Sureties to profecute the Repleven with Ef-T'e& in Law, either before a Juflice of the Peace, within fifteen Days inclulive from the Date of flick Replevin, or at the next Infer our Court of Common Pleas to be holden within the fame County, according co the Value and Damages alledged to be fiu7'ei;ed, and to pay all fuch Coils and Damages as !hall be awarded againfl him. And -every Perfon impounding any Swine, neat Cartel,Horfes orSheep,lhall The er of Creatures give prefent .Notice thereof unto the Owner, if known ; or leave a Notification Impounded to thereof in Writing at his Houle or Place of ufual Abode : -or if unknown, fhall be notified cattle the fame to bepublickly cried or 'ported up in Tome publicic Place in filch thereof (if Town' and in the two next neighbouringTowns' m frowhence it maybe molt known) if not the Creatures likely fuch Creatures came, And [hall alto cattle the Creatures fo Impounded to be crycd, to be relieved with fuitable Meat and Water; the Charge whereof (hall be paid and polled up. by the Owner er Owners; as alto of the Crying -of them,after theRate of tb -cc Fee aur Cry- Pence per Head, for a Number not exceedingTwelve ; and no more than three in g. After three Shillings for a greater Number. And if no Owner or Claimer appear within the Days, to be • fpace of three Days next after the Impounding of any fuchCreatures ; then the proceeded Perfon or Perfons fo refit -ail -ling of them [hall proceed with them as thc Law with asStrays. provides refpee`ling Strays. 211ub ate it fuutliec cnattcb by rte o.tittw{tp afo cfaiD, That if any- Per - Penalty for a fon or Perfons (hall refcue any Sine, neat Cartel, IIorfcs or Sheep taken up Refcous. as aforefaid, out of the Hands of rhe Haward, or other Perfon being about to drive then to the Pound ; whereby the Party injured may be liable to lore his Damages, and the Law be eluded : the Parry fo offending, [hall for filch Refcous,, forfeit, and pay the Sum of Forte Shillings to the Ufe of the Poor of • the Town or ,Precinct where the Offence is committed ; betides all juft Dama- ges unto the Party injured ; to be -recovered by Action, Bill, Plaint, or infor- mation in any of his Majefiy's Courts of Record. And if any Perfon or Per - Penalty for fops (hall make any Pound -Breach ; or by any other indirect Ways or Means Poundbreach. howfoever, convey or deliver any Creatures Impounded,out of the. Pound ; the Party fo offending being duly convktcd thereof, 'hall forfeit and pay the Sum of Five Pounds, to the Ufe of the Poor of the Town or Precin& where the Offence is committed ; as al fo all jail Damages to the Party injured by fuch Creatures,to be had and recovered in Manner as aforefaid. And if fuch Refcous Commuted by Apprenti- Pound-Breach, or conveying of Creatures out of the Pound, happen to be corn• ces or Perfons mitted by any Apprentices or Perfons under Age, not havingoftheir own where- under Age, with to fatisfy the Law, and their Parents or Matters refufe to pay the Fine and howpunited e Damages, which the Law in filch Cafe does infli&l. ; it {hall and may be Iawful to and for the Juffces before whom Foch Action or Plaint [hall be depending ; upon a. due. Coiavi&ion of thc Perfon or Perfons complained of, and profecuted for fuch Offence, to commit him, or them to the next Goal in the County where the Offence is done, there to remain till SatisfaElion be made as above•faid : Or otherwife may punifh fuch Offender by Imprifonment, not exceeding fixty •Days, in Lieu of the Fine ; and leave the Party injured to his Remedy at ,Law, to recover hisDamage of the Parent or Mailer of loch Child or Apprentice; which filch Parent or Mailer refpefively (hall be liable to have recovered of him upon Action tobe thereforebrought ; and Execution to be accordingly awarded upon Judgment given in that Refpefl. Trefpafs done onb be it further tnacteO lip the atttholttp nfolefaib, That when and fo of• in on ten as any Trefpafs or TrefpaflesShall be done in common or general Fields, not or general being fufliciently fenced in, as.the Lawdireas ; the Parry injured (hall forthwith Fields. procure two fufficicnt Perfons of good Repute andC1 edit, to view and adjudge of 5 W.&M.ca.9. the Damage done, giving Notice of filch Trefpafs unto the Owner or Claimer of Ano Regni.Reds 0ULI ELM 1, 4 II. Decitllt7; 1698. 8i of the Beall or Cattle that did the fame (if known and Ref dentin the fame Town, The 0 wner or dear by) that he may be prefcnt and nominate one of the Apprizt rs if he fee maof deefcEtioove Fence, to Cattle ; and the Damage to be anfwered according to fuch I.{lineation. kd And where Damage happens through the Infu`-fliciency of the Fence, the Ow- Damages. ner or Occupier of the Land to which the dcfe rive Fence belongs, fhall be lia- ble to anfwer and make good all fuch Damage. CHAP. V. An Ad for preventing of Trefpafx`es. Ctlx10 fi!`:c .lilrrlSteObCrIO[., count anti Pothers of (};chards, 4I,' tine in dcncral Court a{C:mblcb, nab by the P,[[tija itv of tlje fia»ie, Orchard &c: That all and evert Perfon and Perfons which (hall unlawfully cut ar how ton be Y take away any Grath, Corn or Grain, growing; or rob any Orchard or Garden ; punifhed. or break or cut, pull down or remove any Hedge, Pale, Rail or Fence ; or that !hall hurt or dig, or pull up, or take away any Grafts or Fruit --1 rccs : and their Procurers or Receivers knowing the fame, being thereof convi& by Confeflion of Additional the Party, or by the Teflirnony of fuflicient Witneffcs upon Oath before anyArz G. ca. 5. Court, or any one juflice of the Peace in the County where the LI -fence [hall , 3 G. ca. 7. be committed ; [hall pay unto the Party injured, fuch Recompence as by the i 0. Z. ca. d.. Court or Juflice before whom the "Trefpafs is found, [hall be awarded. arta be it further cnnctca by the it[tljoiitp afolefaiO, That if any Perfon or Pet -Ions (hall cur or carry off any Manner of Wood, Underwood, Timber, Penalty for cuttn Poles, or Trees (landing, lying or growing on the Land of any others ; or off Carr, any n Tg or or from theComons of anyTown, other than that to which he doth belong rees,i7 mg ; or within the fame Town, having no Right or Privilcdgc there, without Leave or wooromdo, ff&c. - Licence from the major Part of the Propriety of fuch C ommons ; or the Ow- fano 'Timbcr, Poles or they avian s ner or Owners of the Land whereon fuch Wood, Underwood, Land, or off Trees were {landing, lying or growing : Every Perfon fo offending, [hall for- the Common. feit and pay unto the Party or Parties injured or trefpafTed upon, the Sum of twenty Shillings for every Tree of one Foot over ; and ten S'hilliny for every Tree or Pole under that bignefs ; and for other Wood or Underwood, treble the Value thereof ; to he recovered by AFtion, Bill, Plaint or lnformation,be- fore any Juftice of the Peace in the County where the Offence is committed ; if the Forfeiture exceed not Forty Shillings : but if it be above thatValue,then before theInferiour Court of Common Pleas within the fame County. And if Forfeiture any Perfon [hall be convict of fuchOfience a fecond "Time, he !hall forfeit and upon a fecond pay to the Ufe of the Poor of the Town where the Offence is committed, the C onvittion, Sum of Twenty Shillings, or fuller one Months Imprifontnent over and above the Forfeiture abovefaid, or Damages to the Party injured. Bina be it inlet: ctinrte° by the RilitFolitp ato,cfaib, That if any Chil- dren or Servants ilia!! offend againfl this ACf any inof •the Particulars therein Children er gServants of - mentioned, and theirParents urivlaflers refufe to anfcver theForfeiture or Damage fending awarded againft them; they fhall be punifhed by Whipping, Petting in the Stocks gaintt this Aft or Cage, or by Imprifbnment, at the Difcrction of the Court or Juflice before how punifl> d. whom the Profecution filall be ; according to the Nature and Degree of the Offence, and Circumflances aggravating. 2lna sae itfurti'ict* cintteti bp die lout% otitp nfocfr'iiti, That when in Anion TnAfion of of Trefpafs brought before a Juflice of Peace, the 1 %efendant [hall juflify and Tore[aafs be - demur upon Plea of Title, a Record [hall be made thereof, and the Matter of of Peace,ifthe Fait be taken pro conftp, and the Party making fuch Plea thall- become bound Defendant with one or more Sureties by way of Recognizance unto the adverfe Party in a y Plea of Title, reafonable Sum, not exceeding Twenty Pounds ; on Condition that he [hall pur- the Caufe to fie his Plea and bring forward a Suit for a Trial of his Title, at the next In- be removed, feriour Court of' Common Pleas to be holden for the County, in which fuch and Pond Trefpafs is allcdged to be done, and pay and fatisfy all fuch Damages and oils giver,. as by the Paid Court (hall be awarded again{! him ; which Recognizance the Juflicc is hereby iir.pow, red to require and take, and shall be paid for the fame T, by 1698. 82 Upon negleEt or refusal to give Bond, in Cafe to pro- ceed. Breach of the Peace to be punished. Preamble. Perfon3 re- ceiving or buying (olen Goods &c. to makeRefli- tution. if unable to make Resti- tution, to be corporally punifhed. io G. ca. 3. • llilno Regni Regis G U L I E L M I, III. - Decinno. )foLen dr000b e by the Reconufcer two Shillings, and one Shilling for recording his Plea; and at the Charge alto of the fame Party shall certify theProcefs and Record of filch Plea, together with the Recognizance, unto the raid Inferiour Court of Common Pleas, And if fiichReconufcer (hall negle& to bring forward fuchSuit at the In- feriour Court, according to the Tenor of his Recognizance ; the Default !hall be recorded, and a Writ of Scire Frzcias be ifl'iled out of the Clerk's Office of {he ftmeCourt, in manner as by Law is direEted, for the recovery of the Sum or Penalty in theRecognizance mentioned, of him, hisSurety orSureties. Or if up- on Trial before the fail Court he {hall not make out a Title to the Land or Tenement on which the Trefpafs is laid to be done, paramount to the PofrefIion or other Title of the adverfe Party : Judgment !hall be rendred for the Party trefpaffed upon, for treble Damages and Colts of Suit. But if the Defendant in Trefpafs juflifying on Plea of Title !hall refute or negle& to become bound in Manner as aforefaid, then his Plea (hall abate, and the Juftice notwithflanding the fame, fhall proceed to try the Cause; and upon due Proof of the Tref-pals committed by him, (hall award Damages againft him according to what 'hall be made out ; and Coil of Suit. kind be it ftirtfjer marten, That if in theOpening and Pleading of any Acti- on of Trefpafs, there be difclofed and proved anyBreach of thePeace, the Party or Parties guilty thereof, shall be fined to the King ; or otherwife punished as the Law in filch Cafe provides. C HAP. VL An Ad against receiving of Stolen Goods. WHEREAS divers lewd and evil-minded Perfons for the fake of filthy Lucre, do frequently receive from Indians, Molattos, Ne- groes, and other f fpec`led Fellow, _Money and Goods Jlolen, or obtained by other indirec7 and unlawful Ways and Means, thereby encou- raging of Theft : For Redrefs whereof : 15e it bedaub anb enacteb by the Lieutenant d5obernour, Council and tttprefentatintO fn Weimar Court aflcntbleb, anti by try autjolitp of tfjt fame, That every Perfon whofoever which 'hall prefume either openly or privately, to buy or receive of or from any Indian, Milano, or Negro Servant or Slave ; or of any known, difl'olute, lewd and diforderly Perron, of whom there is juflCaufe of Sufpicion ; anyMoney,Goods,Wares,Merchandizes, or Pro- vifions; and it appear the fameMoney, Goods,Wares, Merchandizes or Provifions to have been stolen, gotten or obtained by any indirect or unlawfulWays orMeans every Perfon fo offending, and being thereof convicted, (hall be fentenced to re- store all fuch Money, Goods,Wares,Merchandizes or Provifions, unto theParty injured in Specie (if not altered) and alto forfeit to the Paid Party theValue there- of over and above ; or double the Value, where the fame are difpofed of or made away. And if thePerfon fo offending be unable, or fhall not makeReftitution as awarded, then to be openly whipt with fo many Stripes (not exceeding twenty as the Juftices or Court that may haveCognizance of the Offence [hall order ; or to make Satisfaction by Service. And the Indian, Negre,Molatto, or other fitfpiciotis Perfon as aforefi,id, of or from whom fuch Money, Goods, Wares, Merchandizes or Provifions fhall be received or bought, 'hall be punifhed by Whipping, not exceeding twenty Stripes ; and be further profecuted as the Law directs in Cafe of Theft ; unless where fuch Money, Goods or Provifions 'hall be taken from the Matter of fuch Perfon. 1 CHAP. fill 110 1 \ etr ; .GULIELMI, III. Dccimo. *traps, tea 0.5o065 CHAP. VII. An Aft relating to Strays and loft Goods, E9vc. 1698. Money83 or it the tett fopthe iifnirrnantOctirrnour, Colmar anb aortic*: Goodfound, tatitc , conu ncb in dEtlteral %tenthly, nub. by the 2litljozltp to be entred of the fame, That whofoevcr Tall find any Money or Goods loft, with the whereof the Owner is not known ; the Finder within fix Days at the fartheft Town Gcrk rn fix lla s next after, (hall give Notice thereof in Writing unto the Clerk of the Town, in after f,nd ng. which they.were fodnd, to be entred in aBook to be kept for that Purpose; and Additional !hall alto caufe the fame to be cried by the Conflable or publick Cryer in filch A& - Town, on three,feveral Days at a publick Meeting of the Inhabitants thereof ; ' G• 2 ca. 7. and to be polled up in Tome publick Place : And if the, Money or Goods fo To be cried found, be of the Value of twentynillings, .or upwards, then to be cried and and polled. polled up in like. Manner at the two next adjacent Towns. klnb be it ftlrtljer enartea bp tljc Ititbantp ►fo7cfaib, That every Perron Who !hall find and take up any firay Beafl, !hall Guile the fame to be entred, with the Colour and Marks, Natural and Artificial ; and alfo to be polled up and cried in Manner and Time as aforefaid ; and likewise within twenty-four Hours !hall put, and from Time to Time keep a Wyth about the Neck of fuch 'tray Beall ; on pain of loting all his Charges about it afterwards. And the Finder of any loft Goods, or firay Bcaft, fhall al(b within the Time before -mentioned, notify the next Justice of the Peace within the fame County, thereof ; and fuch Juftice (hall forthwith thereupon order ,the fame to be appriz- ed by two meet Perfons by him to be appointed, and !hall adminifler an Oath unto them to deal juf}ly and indifferently therein. . And if the Finder of any loft Goods, or ftray Dealt, 'hall neglect to caufe the fame to be entred, cried, and potted up in Manner and Time as before:is exprefs'd, or roWyth fuch Beast ; or if the Town Clerk 'hall neglect to enter any loft Money, Goods or Stray, whereof he [hall be notifyed, and have ten- dered unto him the Fee of fix Pence, (which he may demand and receive,and no Stray Beails to be cryed, ported and wythcd. • The next Juflice to be notified of loft Goods, and Strays, The fame to be apprized. Penalty on the Finder for negle& of en- tring, crying and potting, more) fuch Finder or Town -Clerk, for fuch Omiflion and Default refpe6Iively,. ownnClerk !hall forfeit and pay to the Ufe of the Poor of filch Town) one third Part of for his Neg- the full Value of fuch loft Money, Goods or Strays. left. an ft i ftitt *L' cn acted, That if the Owner of any filch loft Money,Goods, or firay Beall, appear within the fpace of one Year next after filch Publication bReeflitmade tde t o to as aforefaid, and make out his Right and Title thereto, he (hall have Reflitution the Owner. of the fame, or the full Value thereof; allowing and paying three Pence for each Time it was cried, fix Pence for entring thereof as aforefaid ; as alfo pay- Feeforcrying ing fuch neceffary Charges as fhall have arifen, for the keeping of fuch Strays, and ening. loft Money or Goods, or necefiary travel about them, to be adjufled and deter- mined by the Juflice that ordered the apprizal thereof; or by tome otherjuilice in the fame County. And if no Owner appear within one Year as aforefaid, then fuch Strays, loft No Owner Money or Goods, shall be to the Finder ; he paying one Half of the Value be div a d' f0 thereof (all neceflary Charges being firft deducted) according to Appraifement) betwixt the unto the Treafurer or Overfeers of the Poor of fuch Town, for the Pre of the Finder& the Poor thereof ; and to be recovered by the Town Treafurer, Select -.men or O- Poor of the verfeers of the Poor respectively, as in other Cafes, upon neglect or refufal to Town. -pay the fame. CIAO it i. furtfjer heciareb anti cnrnanb bp the ,Tutfjogtp af¢ze(nib, Penalty for That if any Owner of any ftray Beast, or other Perfon, shall take theWyth,off taking off the from the fame, or take away fuch Stray before all the neceilhry Charges arifen ortak- for the entrin , crying, and keeping thereof, be defre ed; filch Perfon fo 'ng y, any gl g Y� stray. offending Hull forfeit and pay unto the Finder of fuch Stray, the full Value of the fame. All the Penalties and Forfeitures in this Act mentioned, to be recovered by A&ion, Bill, Plaint or Information, before a Juftice of the Peace where the Pe, e hooww tcoobbe rre- ; rem - Value exceeds not his Recognizance ; or in any other of his •Majefy's Courts covered, within this Province. .Ilr�tided, kl}4}i.aa4S&lylysnnu.dnxm„ua nwo.y nn.ue 1110.1 .••••••••••.,.•,........ 98, Anno Regp;zi Reis G U L I E L M 1, III. I)Ccirn o icenceb pottiezi, Nu Strays to Provided, °That no Perfon from the firft Day of March to the firft Day of' be made from December yearly, (hall take up any Horf e, Gelding, Marc or other Bcaft for a March to the ray , the firftof or account or ufe them as Strays, thougu the Owner thereof be not [ first ofDerem- known ; milers fuch Beall. be taken D,i unage feafant n Inclofures. Sir _..._.�....... C H A P. VIII. An A& for the infped.ing and fupprefling of Disorders in Licenced Houfes, effc. (15 it enattcb an bcclsreb i+v the Lieutenant de3otiertiottv, Council ant Inn -holders, lat'prrfentatittr'i conbenelb in Omni 57 t.ciitflly, nttb by the kItit1jo: &c. to be pro- iitV o% tlje faint, That all Inn -holder's, Taveriers and common vided for En -Victuallers, !hall at all Times be furnifhed With fuitablc Provifions and Lodg- Meng ndnr,cf ing for the Refrefhment and Entertainment of Strangers and Travellers ; Horfes. Pafluring, Stable -Room, Hay, and Provender for Horfes ; on pain of being 4.w.s:i? ca 7. deprived of their Licence. And that no Perfon who is or fhall be Licenced to be an Inn -holder, Taver- Penatncr, common Victualler, or Retailer,. {hall {infer airy Apprentice, Servant, or entertaaininng ofServants or Negro, to fit drinking in his or her H.oufc ; or to have any manner of Drink Negroes, &c. there, without fpccial Order or Allowance of their refpective Mailers ; on pain zz G. ca. 6. of forfeiting the Sum of ten Shillings for every fuel Offence. Neither shall None to con- any licenced Perfon fuller any Inhabitant of filch Town where he dwells, or tinue in pub- corning thither from any other Town, to fit drinking or tippling in his or her lick Iaoufes Houle, or any of the Dependencies thereof ; or to continue there above the above one fpace of one Hour (other than Travellers, Perfons uponBufi:nefs or extraordinary Hour, unlefs, Occafions,) on the like Penalty of ten Shillings for every Offence, &c. And every Perfon who contrary to this Act, (hall continue in any fuch Houle & 2 B. ca. q.. tippling or drinking, or otherwife mifordering him or her felf; or above the fpace t 1 .4. ca. 1. of one Hour (other than as aforefaid) (hall forfeit and pay the Suni of three Shillings and four Pence, or be fet in the Stocks, not exceeding four Hours Time. fuffereNone to be .And ho Perfon or Perfons licenced as afoi cfaid, (hall fiifler any Perfon to Drunk b e,be drink to Drunkennefs, or Excels, in his or her Houle ; nor !hall futfer any Per - Drunk there, his to be there fon as his or her Gueft to be and remain in [itch Houle or any of the Dependencies on the Lord's thereof, on tine Lord's Day, other than Strangers, Travellers, or fuch as come Day, unlefs, thither for necefl'ary.Refrefhmcnt ; on pain of forfeiting the Sum of five Shillings tic. 7 11” ca. 7. for every Offence in that Kind. tnb tic it ftletj ecuatteb liv the outbo,ttp afopth0, That all Fines and Penalties tpc. Forfeitures ailing for any of the Offences before -mentioned, (hall be one Moiety how to be thereof to the life of the Poor of the Town where the Offence is committed ; imployed, and the other Moiety to him or them that !hall inform and profecute for the fame ; (except where fuch Offences are prefented by a Grand Jury, in which Justice of the Cafe, the whole Forfeiture to be to the Ufe of the Town.) And every Juflice Peace, his of the Peace within his PrecinEts, is hereby impowred to hear and determine Power. concerning any of the Offences aforefaid, and to reftrain and commit the Of- fender to Prifon, until he pay and latisfy the Penalty or Forfeiture ; or other - wife by Warrant caufe the fame to be levied by Diftrefs and Sale of the Offen- No Inn -hon- dors Goods. A c tirljitzirp ►Ca cfaf� That before std be it further etiatteb bp tljz .. "1 any der, &c, tore Perfon !hall receive Licence to be an Innholder, common Victualler, Taverner ceive Licence beforeentring or Retailer ; every filch Perfon fhall become bound by Recognizance to His into Recogni- IVlajefIy, in the Sum of ten Pounds the Principal, and two Sureties in five Pounds lance, a piece, before one or more of the Juflices of the General Seflions of the Peace: On Condition following. flat istofay : lie Condition of this Recognizance is fuch, That whereas the above -bound- en A. B. is admitted and allowed by the juftices of the Court of General ions of thePeace, to keep a common Inn, Ale -Houle or victualling Houle, and Recognizance for Inn-hcl- ders, eaffc. 1' d lifl4 .AiIho R e; ui GULI L M I, III. Dccimn. 1698. i .send V Le and to tile common felling of Wine, Beer, Ale, Cyder, and other firong Liquors by Retail firr the fpace of one whole Year next enfili g, and no longer, in the now dwellin{Hnife of the faid A. B. in C. commonly known by the Sign of--- and no other : If therefore the faid 4. B. during the 'Time aforekiid fhall not permit, filff}'r or have any pl.iyinn at Dice, Cin-k.ls, Tables, Quits, Loggets, 13nwls,Shuflle•hoard,Ninc. pins,hilliards ; or any other unlawful Game orGanies in his Hou(i:, Yard, Garden, Bick-fide. or any of the Dependencies thereof ; nor (ball fufler to be or remain in lois Hoge, any Perfon or Perfons, (not being of his ordinary Houfhold or Family). on the .Lord s 1!ay, or any Part thereof, contrary to Law ; nor [hall fell any Wine, Liquors or other f}rong Drink to any Apprentices, Scrvant, f ndi,ins or Negroes, nor fhall fuller any Perfon or Perfons to be there tipling, drinking, or continue there after nine of the Clock in the Night Time, or othcrwifccontrary to Law. And in his laid louf, (hall and do tile, maintain and uphold good Order and Rule, and do endeavour the due Obfervahec of the Laws iihade for Regulation of inch Houfes : Then this prefent Recognizance to be void ; but on Default thereof, to abide and remain in full Force and Virtue. '1, nd before any Perfon !hall receive Licence to Retail any Wine or thong Liquors to be fpent oitt of Doors, and not otherwife, fuch Perfon fhall become bound' by Recognizance as aforefaid : Ort Condition following, That iJ to fay : -7HE Condition of this Recognizance is fiich,That whereas the above bound- Recogni- en A. B is licenced and allowed by the Juflices of the Court of Gene- zance for Re- ran Sea -tons of the Peace, to Retail for the fpace of one whole Year next enfit- toilers out of ing, and no longer, out of his nowDwellingHoufe in C. sort of�Irong Limon Doors. to be fpent out of Doors, and not otherwife : if therefore the faid A. B. !hall not entertain or lifter any Perfon or Perfons to fit drinking or tipling its his Houle, Cellar, Back -fides, or any of the Dependencies of the faid Houre, nor (hall fell any other. Sort of Drink than what he is licenced for as abovefaid. And (hall and do in and by all Things obferve the Directions of the Law re- lating to Perfons licenced for retailing out of Doors only : Then this prefent Recognizance CO be void ; but en Default thereof to abide and remain in full Force and Virtue. 5 For each of which aforefaid Rccognizances the Party to whom' fuch Licence fhall be granted, (hall pay two Shillings, to be divided betwixt the Juflice and the Clerk. And for the better it fpet1ing of licenced Hozy's, and the d fcovery of fuch Perfons as /hall Pref me to fell without Licence : 'be ft *catactebi iii Hie 2titljoijtp afozefai�►, Thar the Select -Men in each Town ref c&tivel !hall take due Care, that 'r ythin -men be annual[ chofen p y � g y :fibteitigzar -at ilie.general Meeting for choice of Town Officers, as is by Law provided, and ly chofen. upon any Vacancy to fill up the Number at any other Town Ivleeting : which "T'ything-men !hall have Power, and whole Duty it !hall_ be carefully to infpeel all licenced Houfes, and to inform of all Difordcrs or Nlifdemeanours which they (hall difcover or know to be committed in them, or any of them, to a Juflice of the Peace, or Se(Iions of the Peace witlhin the fame County as alto of all fuch as !hall fell by Retail, without Licence ; and other l :iforders or Mif'de- meanours committed in sany filch Houle ; and in like Manner to prefent or in- form of all idle and diforderly Perfons, prophane Swearers or Curlers, Sabbath - breakers, and the like Offenders; to the Intent fuch Offences and Mifdemean- ours inay be duly punifhed and difcouraged : Every of whichTything-rnen !hall be fworn before a Ji.iflice of the Peace, or at the Seflions of the Peace, to the faithful Difcharge of his Office in Manner following. That is to fay : Tything.rnen. their Power and Duty. UU A. B. being chofen a Tything-'tan within the `Town o f C. for one 1, rear next ei fuin , and until another be chofen and worn in our Stead: Wath. �� ,f y Do Swear, That you will faithfully endeavour and intend the Duty of your Office, So help you God. Which 1 41 411111.111111 1698° .f/irnv G U 1' 1 E "I, 111. TDccimn. 8 6 rnift'`v C. Penalty for riot (crying. 7'ything•men allowed the benefit of Informers. Licenced Per- fons al fo to enter into Re- cognizance for paying their Excite. ticence to be granted at the next Ge- neral SefTinns Of the Peace, after the 29 of lune an- nually. No more Per- fons to be li-. t fo farther &ecfat°eb, That the Juftices of the General Scflions of the Pence cenced tokeep in each County relpectively be, and hereby are directed not to Licence more publicHoufes, Perfons in any Town or Precinel to keep Houfes for common Entertainment, than what are than for or to retail Ale, Beer, Cyder, Wine or strong Liquors within or out of Doors, Refrelhrnent than the laid Juflices fhall judge neceflzry for the receiving and Refrefhment of of Travellers. Travellers and Strangers ; and to ferve the publick Occafions of fuch Town or Public Hou- ?recinEt • havingRegard to the Law for the Qualification and, Approbation of :es to be on the Perfons fo tbe icenced. And all publick Houf°es [hall be on or near the High Streets, &c high Streets, Roads, and Places of great Refort. Clerks of the !nb be ft fuetbcv etiacteb by tie Setutbalfty afocefaib, That the Clerk of feveral Courts the Inferiour Court of Common Pleas in each feveral Count and the Clerk to put in Suit y Recog&zan- of the Superrourteourt of Judicature refpec-tively,byDireaion of the Court frons tes. - Tiino Which Tything-mcn 111311 havc a black Sr.IIof two Foot long til>'t at onr End with lira's nbout three Inches, as a badge of their Office; to be provided by the SelcEt-glen at the Charge of the '1 town, 0 be it (ur! het' alliin by rt;t -:xuriio:its iter:cfaf), That if any Perfon being, duly chofen ro the flit! Office, fhaII reface to take his Oath, or Verve there- in, he than forfeit and pay the Sum of forty Shillinus, to the Ufe of the Poor of the 'Town whereto he helots : upon Conviction of fuch refuftl bcfi,rc rho Juflicc of the Peace, or Sections ofthe Pcaee where he is fuennioncd to beSwtn•n, Certificate being produced under the Hand of- the 'I'o;vn Clerk, that fuch Pcr- fc)n was legally chofen to that, C.)flicc. And the laid Forfeiture to be levied by Diflrefs and Sale of fuch Perfons Goods, by Warrant from a *)office of•tltcPeace, or Seflions of the Peace reflic1tively ; and delivered to the Town Treafurcr or Ovcrf'ecrs of the Poor, for the Ufc aforcfaid, And for want of fuch Good; whereon to make P111refs, the Officer in the raid Warrant 111a11 be retailed to feize the Body of the Offender, and him commit unto l'rifi.�n, to be there kept. until he fhall anfwcr and pay the chid Fine or Forfeiture; with the Charges of' levying the Tante. And all Tything-men that fhall inform and profccutc Thr the Breach of any penal Atrt, [hall have the Benefit of filch Part of the Forfeittir•c as docs by Law accrue unto the Informer. And all Perfons ltrofecuted for Breach of any A el relating to retailing without Licence,. the Penalty whereof for one Offence ex- ceeds not forty Shillings, betides Charges, may be conviEted by two tingle Evi- dences upon Oath, though but one to one Breach of filch loft, fo as both the Breaches be within one Month, the Perfon accu fed or complained of not plainly and politivcly denying the Fa&t. .Mitt be ft further cnacteb by the atlrljcr fty ofolefafb, That cvcryPcrfon to whom any Licence [hall be granted, before the receiving or exercifing of the fame, over and above the Recognizance required for the due Obfcrvation of the Laws, and keeping of good Rule and Order as aforefaid,.haI1 alto become bound unroHisMa;cfly in a dlttmEtRecognizance with f uflicient Sureties, in Manner as aforefadd, and in titch Sum as the Jufiices in Sellions !hall appoint : On Conditi- on that thePerfon fo licenced [hall duly and truly pay the Duties of Excife for his Draught, according to the Rates by Law eflablifhed, or otherwife perform fuch Agreement for the fame as !hall be made with the Officer or Officers, that fhall from Time to Time be appointed to agree for, and receive the faid Duties. For which Recognizance he (hall pay the like Fee before -mentioned.. ,`3/410 he ft fttctbcv then, That for the future the Time of granting of Licences to Inn -holders and Retailers of Drink, !hall be at the fiat General Sefliotis of the Peace that [hall be held and kept in Courfe within the feveral Counties at ,or next after the nine and twentieth Day of cane annually ; and that filch as have already obtained Licences, (hall hold them (milers they for- feit the fame by Breach of Law) until the General Sellions of the Peace to be held in the refpeai,•c Counties as aforefiud, next after the nine and twentieth Day of juin, One Thoufand fix Hundred ninety nine : .Any Law or LTf°-tge to the Contrary notwititflanding. .And the better to prevent .Nurferies of Vice ani V ebauchery Airno Regni Regis G U L I E L M 1, II 'emus', CUM, &c. Deci nio. Time to Time, Mall by Writ of' Scire F.acias lyrofccutc to Elle& all fuch.Rc4 cognizances as (hall be taken in Court, or .before any Juftice, whereof Default is or (hall be made in not, performing the Condition of the fame :.And upon Exe- cation awarded, to make out fuch Execution:unto.the Sheriff of the County, or his Deputy ; who are accordingly to levy the Sum, therein cxprefl'ed; and to account for the Monies or Elate levied, for Satisfaction thereof, unto the Trca4 furcr, as by Law he is obliged. , And. no Recognizance for the keeping of good Rule and Order in publick licencedHoufes,or for Retailing out of Doors, Thal[ be put in Suit for any Breach thereof' Made.), , after the Expiration of two Yeara fi-oin the Time of taking filch Recognizanc. t IZ A p, PC, An Act for Explanation and Addition to eh Mb for Regu-• lacing of Fences, Cattel, 8ce. 'ORAsMuCIf as in and by an ,/127 of this, ;Province, Intituled, A n AEI for Regulating of Fences, Cattel, &c° made and payed in the fifth Tear of the Reign of his prefent Majefly, and his late Royal Confort f eras S w° a M, ca. �, and Mary, of blcf d Memary ; an;or �,g•/l other Things therein contained ; t i Rcfergnctr9. t.!:;t;G ue?a, « That in every Town and Peculiar within this Province, , there be ii annually chofen by the In'ha.bitants thereof, two or more meet Perfons to be r� Viewers of Fences 2; bit no Penalty provided by the :fajta a in Cafe th© ,Penns f chofen re, ufe to accept thereof 1698 87 115e it t ercfd.e rnafteb anb tizciarcb ftp the tfeutellanr doiOtrttour, penaltyfat, Council faith 11�.cprrfentatilic0,, tti d$ciieral CO1ifC nQeiriltfeb, 111111 by t.ije £u: not (eving tl.)o f tl' of the. fame, That ekaery meet Perfon that 'hall hereafter be chofen as a Fcncc- :t Viewer of Fences within any Town or Peculiar in this Province, retiring Vicwcr. to accept thereof; or to be Sworn to the faithful Difcharge of that Office ; (hall forfeit and pay to the Ufe of the Poor of filch 'Town or Peculiar, the Sum of t T'Jc,11}'Shrlli27 Ts ; and another (hall be forthwith chofeniin his Room, And every Perfon from Time to Time, chofen and Sworn to the fait Office, upon due No- Penay (ice given him, and being rcq ueflcd byPerfon or Perfons interefted, to view hot atltteydiforng , g �] any his Duty. any infurfi cicnt and defeEtive Fence in and about.any general or common Field ; or in and about any particular Field orInclofure; [hall forthwith attend the fame; on pain of forfeiting the Sum of twenty Shillings ; one Moiety thereof to the •Ufit of the Poor of the ToWn or Peculiar ; and the other Moiety to him that {hall inform and fue for the fame. And each Fence -Viewer (hall be Allowed tlllowancc, three Shillings a Day ; and prop(r-tionably for half a Day ; and under that f.v, Pence an Hour, for his Tiitte fpcnt in viewing of any Fence or Fences ; to bo paid him by the Party that fats him on Work, who !ball be reimburs'd the famo by thcOwner or Owners of the defeEtive Fence. And when and fo often as' it hall happen any Fence to be broken or fallen down, or to be otherwife defehive; ,the Owner or Occupant of the Land ro which inch Fence belongs, upon Notice £hereof given hila, [hall forthwith repair the fame. And in Cafe he refufe oe� rtegleEt fo to do, the Fence -Viewers (hall caufe the fame to be fufficiently repair, ,eel, as ,the Law directs. And all divifionalFenccs betwixt Man and Man (hall he kept up in good Repair for the whole Year ; unlefs the Proprietors of the Land; Iltall othcrwa(c a c;rcc. , ub t furtb r encuto bp t'je Untijreitp afo1c[a b, That for the better ,enabling of the -Fence -Viewers to difchar e theirDutyaccordingto the true Intent roencb-ecri.pjp.wc,:: ., g .of the Law, it [hall and may be lawful to and for any Fence -Viewer, by War- redbyg Wart rant from the next Juflice of the Peace, or Sele&-Men, (in. filch Towns where rant to ira� no Juftice cl elb) or the major Parc of them, who are hereby refpcEtively int- Prefswork, powrcd to make, out f ich Warrant, to im prefs Workmen and Teams for the fpeedy men, �, r, .repairing and making up of Fences that are defeEtive or wanting ; paying double the natal and accu(lom:'d Rates for ft;ch Team' -ind Workmanfhip, and to the Fence? a 98 Fence of common Fields to be maintained' by the Pro- prietors in proportion. y!•.�idu.a�.VauuW.a. 1. •J 1 .I ... .lasoI&gnlRegis GUL IELM I; III. I)ccilrio. feta Cattet, &c Fence -Viewer for his.Time ; to be adjufled and decertnined by rhe Sele&-Men 4nd _to be by .him recovered againflthc Owner or Occupier of r1ie. Land abou which:fiich Fence is let down or repaired, in Mariner as the Law dire&s. 2nb.lie itfurtljer enutzb .tip tbeautljagtp afqeraib; ,Tliat every Party into refled in any common or 'geiteralField, !hall fromTime toTime.make and main taro his juft and due Part and Proportion of the Fence for.enclofing the fame ac cording to -his Interefl therein, in fucli Manner as bath or.'hall be agreed on b the major, Part of the. Propriety ; the whole being duly.warned and met to orde the fame.; . and the Orders fo made (hall be binding and obliging. upon the Propri etors abferit i. Arid a third Part of the_ Propriety in fuch common or general Field, (hall and may call and fiimmori a Meeting of the Whole from Time to Time, as there fhall be. Caffe,' , Arid no Proprietor in any fitchField fhall put or cattle to be put anyBeafl, Cat - tel or Sheep thereinto, over and above the Numberallowed him ; or keep them longer there than the, Time let and limitred by the major Part of thePropriety or nterefled ; on Penalty of anfwering double the Damages that fhal.l happen or ac - cite thereby, to be recovered in any Court proper to try the fame. • ..fifth ,tt i ftletrjev matte), That.all,Partition-Fences betwixtLands under,Im- provement, shall be made and maintained fromTime toTime in.equalHalves by the Owners or Proprietors .of fuch Lands refpeelively. And in . Cafe any Pro- prietor of Land !hall improve his Land (the Land adjoining not being under Im- provement) and fo make the whole Partition -Fence; when, and fo foon as the Owner or Proprietor of the adjoining Land 'thanalfo improve his, he !hal I pay for the one Half of fuch Partition -Fence, according to the Value thereof at that Time, and keep up and maintain his halfPart thereof from thenceforward. But if either of fuch Proprietors adjoining do ceafe to make Improvetnent of his Land, he that continues fo to do, (hall have Liberty to purchafe the other Part of fuch Partition -Fence, as it !hall then be valued to be worth, by Ped'ons indifferently chofen by each Party for, that Purpofe :, And in cafe anyPerfon improving as aforefaid, fhall.negle£t or. refufe to make and maintain one Half of the Partition - Fence betwixt his Land and the Land next adjoining ; the Owner or Proprietsr of fuch Land adjoining, !hall be liable to a Suit, and to have recovered of .him in any Court propel• to try the fame,the fullValue of the oneHalf of . fuchPartitiori- Fence according to Eflimation thereof upon Appraifement, by the other Party who makes and maintains the whole Fence, together with his Damage fuflained by fuchNegle orRefufal, as aforefaid : Saving always to every Perfori and Per - ons any particular Agreement or Agreements touching the making and maintain ng,of.fuch divifional Fence between their Lands. . . All Fines, Penalties, .Forfeitures or Payments accruing by Virtue of this AEI from'! Time to Time, to be had flied for and recovered in any Court proper to try the Paine. - , . . . Provided; This Aft (hall not extend toHoufe-Lots not exceeding tenAcres : but if the Owner or Owners of fuch Lots fhall .itiiprove, his Neighbour !hall be compellable to make and maintain one half of the Fence between them, whe- her he.improve or not. • Provided alfo, That it !hall and May be ]awful, to and for the major Part of he Duet -efts or Propriety in any common or general Field, to diff'olve and lay own the fame at Pleafure ; all the Proprietors beingfirft duly warned; and there eing fix Months Time given before any fuch Field is laid down. t y r. Partition - Fences to be maintained by the Pro- prietors in.e- qua] Halves. f . i Fir( es & Penal; ties where to be recovered. Provifo for Houfe-Lots not exceeding ten Acres. Major Part of thePropriety t in any general d Field, to lay b downthefame at Pleafure. 4, ACTS a _Ann kegd Regis G U L 1' E L M I, III. hecirbo._ 2thu!terp. Zifiltance.to.. bertff ',ttcrcilabje ;_ Ads and Laws, Palled by the Great and General Court orAlienThly of theProvihce of the Mayach fetts-Bay. in New -England, Begun and held at B'oflon the twenty-fifth bay of Mg 1698. And continued by Prorogation until the fifteenth of November following. CHAP. X. Ari Ad in Addition. to, and Explanation of the A5 a airift Adultery and Polygamie, made in the fixth Year of the Reign of King William and Queen Mary. :HEREL4S in the AO Intitied, An AEt againfl Adultery and Poly- gamic, It is provided in the eJiords;6 W. `f or any Thing therein contained (hall net e.��te�d always that thisA� to any Perfon' or ca' 4• petfoi3s who'feHusband orW(ife !hall be continually remaining beyond theSeas by the ('pace of fevenTears together ; or whole Husband or Wife. fhall abfent << him or her felf the one from the other by the, fPace of; fever. Years together, '{ in any Part within their Majeflies Dominions, or elfewhere, the 'one of them « not knowing the other to be living within that Time." g jflicb.Zirtiifation of fever Years is intone Cafes found to be excefflve and incanvenient : Therefore for the,better preventing the,Violation ofthe feventhCornmandmenr, and for obtaining the Bleflings God is wont io beftow upon the Keepers of the Lune Be it t>nnctcb ant, bedaub Cip the ILIentritnitt afterllgur, Cauiuff anb littprcfentattbto, conbenco tit Oeneraf afelltltlp nub it fa. cuntteb altb be-, (Iamb lip tie .. utf' a ite of tlj' e.fatne, That if any married Perfon, Man orWo- Limitation of man, has lately or (hall hereafter go to Sea in -any Ship or other Veffel, boundJhree Years, from one Port to another, where the Pail -age is irfually made in three Months, 'n Cafe. Time ; and filch Ship or otherVeffel 'has not been, or !hall not be heard of with- in. the .fpace of three full Years next after their .putting to Sea from, fuch Port ;, or fhall only be heard of under fuch Circumflances; as may rather confirm the Opinion commonly received of the wholeCompany's being utterly loft : In every , fuch Cafe, the Matter being laid before rhe Governour and Council, and made, to appear ; the Man or Woman whole Relation is in this Manner parted from him or her, may be efleemed fingle and unmarried • and upon fuch Declaration thereof, and Licence obtained from that Board, ;may lawfully marry again : Any Law, Ufige or Cullom tothe "contrary notwithftanding. ..I'698. iF 4 CHAP. XL An Aa enabling Sheriffs, Conttables, M. to require and A�i(tance in the Execution of their Aid referring s. to Criminal - . ear refpe�}ive Offices, 0 R ..4 S M UC H as it is oftentimes necetry, that :Sher, Under - h. eri�s and Conflables be aided and affled to the Execution of their Additional refpedive O j 'ices : SA t. e ft tlijcrefoie dnaaeb by tie Lieutenant l obernour, iz G. cat j. prefetitatibet, cativetteb to (3enev'ai term(*V; anb itp Connell 2utba c� tp cf tljc f�1int,That when and fo often as anySheriii;Under-Sheriff Confable {hall be in the Execution of his Office, for the Prefervation of the Peace, or for the apprehending or fecuring anyPerfon orPerfons for violating the fame, or for 2 any • Penalty for rcfufal or negle& to, aid or affil[, the Sheri&, Pen alty for pretcndint, to be a sheriff; tic. and rot fo barru fide. ices may Command any Perfon to apprehend an Uff:;nder. Penalty for negle& or tt;fu]al. Preamble, 44'!b1.fLLxii ..-I oSegg' Regis, GULIFa, M1'',III; Decitno. any other c"riininal Matter or Caufe; it [hall and riiay be lawful to and for fuch Sheriff, Under -Sheriff or Conflable to requite fust ble Aid and Afliflance therein. And if any Perfon or Perfons being required by any Sheriff', Under -Sheriff or Conftable in` his. Malady's Name, to aid and aflift him in' the Ezecdtion of his 'Office as aforefaid, shall negle& or refute .fo to do, and be thereof convi&ed before one dr more of hisMajedy'sJuffices of the Peace; fuck Oifender or Of- fenders than be fined, to the Ufe of the Poor of the Town where the .Offence ihall be committed, not exceeding forty Shillin}r, at the Difcretion of fuck Juftice or Juftices; according to the Circuniflances aggravating or leffening fuch Offence. . And if fuch Offender or Offende,be unable or (hall not forthwith pay the faid Fine, finch ,Tuftice or Juftices may puni(h him or them by Impri- fonmen't, not exceedingforty bight Hours ; br by felting in the Stocks not ex- ceeding four Hours. , And if any Perfon or Perfons, riot being really and bond fide r a Sheriff, Under - Sheriff, or Conftable, thall• prefume to abufe his Majef}y's Name and Authority in pretending him or themfelves to be any or either of the faid Officers, and take upon -him o% themfelves to aft as fuch, or to require any 'other Perfon or •Perfons 'to aid or afIft him or' them in any Matter or Thing belonging to the D.ut.y of a Sheriff; Under -Sheriff or Copflable; ,every Perfon or Perfons fo, of- fending, and being thereof conyiEed, (hall forfeit and pay a Fine not exceeding. One Hurzdre.d Pounds, according .to the Nature and Circumffances aggravating hisO.ffence, at. the Difcretion oldie Court liefore whoip theConvition (hall .be ; one.Moiety of the faid Fine or Forfeiture Lobe unto his' Majcfty, towards the _Support of the Government within this his, Majefly's Province ; and the other Moiety to him or them thttt 'ball inform and profecute for the fame.' drib i.e. ft further ctiacthb lip the Our a itp.afozefth , That any of his Ma- jefbr'sJuttices of thePeace, for •thePrefervation of the fame, or uponView of the B'reach*thei of; or of any other Tranfgrelion of Law.praper to hisCognizarice done or committed by any Perron or Ferfonstwhatfoever,. Miall, and hereby is iinpowred (in the Afence of a Sheriff, ' Under=Sheriff or Conftable) to require any, Perfon or Perfons to apprehend and Uring before h.irrr fuch Offender or Offenders: And.everyPerfon or Perfons that .[hall negle& cr refute Lb obey a- ny'Juffice or: Juftices in apprehending fuck Offender or Offenders,•being there- unto required as aforefaid; [hall incur and,fuffer the like Pains and Penalties as it before prc;!i?e d for refuting of negle5ting, to afiitt any Sheriff, Under -Sheriff or Conftable in the Execution of his Qfiice;: gs, before• mentioned. • And no Perfon or Perfons fo'offending, unto whom fuch Jtftice is known,, or [hall declare himfelf fo to be, hall, be adnni fled to plead, Exenfe on Pretence Of Ignorance of his Office. CHAP. XII: AD AA for the better Prefervation and Increafe of Deet within this Province. HE/ EAS the killing of Oder at unfeafonable Times of the rear hath been • f 'ound .vry .much to . theft re ediee of this Province; great Numbers thereof having been hunted and..detroyed in deep Snows, when they are very Poor, and big with Young, the Fleflo and Skins of very little Value ; and the. Increafe thereof greatly hindred No Deer to °ire it tb'ttcfole enatteb" by the Lieutenant (3ooernauv, tounrti anti be killed be- Jltepccfentatibct in rneral Court aaemblgb, ani b _tbe afar jo�ttp of twixt Deci�n ate cant¢, That no Perfon cir'Perfons whatfoever within •this.Ptovince, from and. yer & fonp One Thoufand fix Hun - yea: on Pc- after the lfl Day of 2�ccember, in this prefent Year, flatly, dted ninety. eight, till the firftDay of ..4ugufl, OneFhoufand fixHundred ninety nitre, and fo from the Ian Day of 72ecentber, to the firft Day of Augu/i follow- ing annually for ever hereafter, ball any ways whatfoever, kill any Buck, Doe 10 or Anno Rejni Regis G :U IL I E_ Cafts to M uttp ;Decimo. .or Fawn; on pain chat such •Perfon oriPerfonsfo.offending, 'fliall forleit.theSunt of forty Shillings for the first Ofl:'ence; three Pounds for the ,fecund Offence, .and five Pounds :for the.third Offence ; arid.fo for every Offence after: one • Moiety thereof unto his Majefly,, to be employed towards Support:of the- Go- v.ernrneni of chis his Majefly's Province,, and the other,Moiety to hit" or theta that ,fhall.inforni,and fue for the faire in any Court of 'Record within the faid' Province. . And -if any Perfon or Perfons offending as .aforefaid, fhall, not have where- withal to pay his or their Fine or Fines, he •or they (hall :for •rhe'firft iOffence .work twenty.Days, for the'fecond thirty, and for the third Offence fifty Days,; ,as !hall be direEted by the Juficcs, before wh'o n rhe Caufe fhall be heard and determined ; and theWages an& Earningsifor his or their Work, CO be employed to and forethe Ufes before -mentioned, 1 • , - . And if any Venifon, Skin or Skins Ofany. Buck, Doc or Fawn newly killed, Tall, at any Time. in any of the aforefaid Months wherein the ,a;are by this `1& prohibited ro be killed, be found with, or in PofTeffion ofd any Perfon or Perfons whatfoever, finch Perfon or Perfons (hall .be held and accounted in the Law to be guilty of killing Deer contrary to the Intent of this A(k,.as fully.asif it were proved againft (itch Perfon or Perfons by futlicient l Vitnefs viva voce ; except Inch Perfon or Perfons de bring forth and make Proof who was the Perfon, or who were the Perfons that fold or killed the fame, lrcbioeb attvapo, aub be it further. ennrteti by tl e. aurbotitp afo cftttb, That it [hall and may be lawful for any Perfon or Perfons whatfoever., who Mall keep or breed any Decr tame, or in any. Park or Ifland ; at any Time to kill any Buck,, Doe or Fawn, fo kept and b"rcd. And that any Perron or Per- fons whatfoever, (hall have free Liberty of hunting as formerly to the Eaftward of Pifcataqua River ; Any Thing in this AEI to the contrary noiwithflanding; CHAP. XttL An ,Act far .Hearing and Determining of ;Cafes in: Equity. 'MERE./[ S • the , refpeflive ,Courts . of juftficc zaithin this Province. are Preamble/ .by Law impowred. ,where ;he .Forfeiture of .avy perial Bond fhall found, in the .entring up of 7udgznent in fuck Cafe, .to C,hancer the fame ,unto the jufl Debt and Vanm4es T'hePrac`tice;whereof is found to give great Taft and Satisfy lion untoHis 1V�ajefty's Sub,jet s whereby Opprefon, Delay, and ,great Cols and Charges are,. prevented, which. otbc'r w, fe would un- avoidably arife. And .,4pplicatrons having been unto.. this. Court, that further Prov flvn.ntay be' madefor. R;?li f in Egyity,. in ,GaAs riot relievable by;tbeRules of the Common Zaw. To thelntent therefore. thatJuitice and Eciuity. may be jointly adminiftred 113c it znaltcb bp the- Lieutenant (1.15)b,ernour, ''aulttit;garb ,iteprtfettra: courts ofIuf. tibcl , in (j3eticrai Court gentle), alit. bn the aiitbogrp of:tlie.[atm That rice itnpow- in all Cafes brought or to be:brought for Tryal in the, uperiourCourt;of Ju: led to, han- dicature, or in the Infer lour Court, of Cornrnon Pleas wit f ii>a; the .fevera1 Counties, ann P ed rocs where the:Forfeiture or Penalty annexed unto any ,Articles,. A•greetnent, Cove- Specialties & Dant, Contrast, Charter-P,art.y, or,other;Specialties, or Forfeiture of Elates, on Forfeiture of Condition, executed by Deed of Mortgage, orrBargain and, Sale witltDgjeafance, loon Londi- !hall be found by Verdi& of' jury, or Confh on. vf,the Qllligor, Mortgager or tion. Vender.; the Juftices of the faid Courts .refeeCtit.ely where ,the Tryal is had,. Additional are hereby impowred and authorized, to moderate,the Rigour of rhe Law; and AEt, on Confideration of fuch.Cafes according toEquiry and; goodCnnfcience, to ban- 8&9G.,z.ca.z. cer the Forfeiture, and enter up Judgi»ept for the juft•Debt aad[Dannages, afid to award. Execution accordingly: only ip; realAaions. Upon Mortgage or•B.argairr oath, and Sale, with Defeafance, the Judgment ro be conditional ; that: the Mortgagee see the nen or Vender, or his Heirs, Executors or Adminiftrators do pay unto the Plaintiff, Law, ca. 14. loch Perfons una- ble to pay, they Penalty, Co fatisfy by Work. The. Flefh or skin of any Deer found to be fuffici- ent C onvi&i- on, unlefs &c. Tame Deer may he kill'd at any tune. • n. 92 Provision, for Cafes of like Nature heard 'and tried fence April t 686. kegrri, egis G U L: I_E L M 1. 'III. Dee inio. £ateo to thump.. ,filch .Sum as the Court {hall determine to,be juttly due thereupon, within two ,Months Time after Judgment ,'enured up for difclia'rging of finch Mortgage dr :Sale ; or that the Plaintiff' recover PofT'efI'ion "of the Efface fued for, and Execu- tion to be awarded for the fame. - �Cn.b bt ft further tweet' hp it. Lutl)olitp afoltfitib; That in all Cafes of 1i! e .Nature• heretoihre heard. and tried in any of' the Courts ,of Juftice within this Province fince `the Month of -;April in the Year of Our Lord God, One Thoufand flxHundred eighty fix, where the whole Forfeiture or. Penalty of any. Boric! or Obligation, 'Conditioned for the Payment of.Money, Performance of Articles, .Covenants, Agr'eehients, Charter -Parties, or other Specialties has been 'recovered Arid exa'&ed ; or. where any Elate granted oti Condition by Mortgage, or Bargain and Sale, with Defeasance. hath been recovered, and theYhortgagee or Vendee by himfelf or Afligns bath entred into : or by any Ways or Means what- foever obtained PofTefl"ion thereof for Default of the Mortgager or Venders pay- ing the Money,,..r otherwife performing what according to fuch Condition or De- feafance he ought to have done ; the Party aggrieved and opprefred by fuch Ex- a&ion, or, to whom the Right or Equity of R cdemtion of any fuch Efface does belong, may bring his Suit for Remedy and Relief therein, by filing a Bill, Plaint or Declaration, either in the SuperiourCourt of Judicature, or the Inferiour Court of Cormnon Pleas at hisPleafure ;. and !hall cause the adverfe Party to be ferved with a Writ or Pro'cefs out of .fuchCourt, fifteen.D.ays, before the Day of the fiti. ting of the fame ` briefly notifying the Import of the faid Bill, Plaint or Decla- ration; and requiring him to appear at , the laid Court, to make his AnfWer and Defence. And iti.Cafe of the Defendant'sNon-appearance, or onMotion made to.the Court,and reafonable C.aule therefore {hewn, the 'Court may continue filch Suit unto the next Court, and no longer. Provided, No filch, Suit (hall. be brought, after. the tenth Day of Vece fiber; which will be in the Year of Our Lord, .One Thousand fever, Hundred and 'onet . . , And the Justices in the before mentioned Courts refpeetively are hereby im- of the tehe feverjutver al powred and authorized to receive and hear every fuch Cafe and Cafes that !hall Courts im- be orderly brought beforie them; as aforefaid ; and _on• Conlideration of the fe- powred to re- veral Pleas and Allegations made by either Party, to decree and enter up,Judg- ceive and teaand to aecormeet therein agreeable to' Equity and good Conlcieiice, incl to award ]✓xectrtion a iliadh 1 And where any Mortgagee or Vendee of any Houfes or Lan Cafes,� g y ds grant Relief 'grant'ed oh Condition hath recovered; or thud! into, and taken Poec:flion of the in Equity. fame for the Condition broken; hen; the iVlortgager or Vender, or Ibis Heirs tendring- Paymeiit of the original Debt and Damages, or fuch Parr thereof as «va§ rctnain- ing. unpaid, at the Tithe -of Entry ; 'with realonable Cofls.and Allowance foe` anyDisbtirfements afterwards laid out on fuch Houfing ortands far'the'. dvante4 frient and Tbettering of the fame, over and above what the -Rents, Profits or Im- provements thereof made, shall amount unto, upon a just: Computation thereof by the Court, as on hearin .of the Parties !hall be made to appear ;:The Mdrt- gage or Vendee, or his Heirs, or the present Tenant in Poffeflion (being the Purchafer and holding in his 'own Right) {hall be obliged to accept filch Pay-. 'tient, and io reftore and deliver Polfeficrn of .the Eftate unto the Mortgager or Vender, or his Heirs, and Seal, Execute and Acknowledge a good . and fufhcient Deed in the Law of Releafe andQuitclairn to the fatne. • But in Cafe of his not: appearing in Court, or refufal to accept fuch Payment tendred, the whole of the faid Montes which the Court ilial! enter Jtidgment for, being left in Cttftody of the Court on Behalf, and for the life of the Mortgagee orVendee, his Heirs or .Afligns: Judgment {hall be entred up for theMortgagerorVender, or hisHeirs, to Suit for Re- i• ecovetPofH'effioi of fuchHoufes orLands; and Execution be accordingly 'awarded. demption 2nb fart, er it t£t fnacteb, That at any Time hereafter where the Mortg 1- • wlttre the gee or Vendee thane in aetnal PoffefTion of any Efface granted on Condition,: in Pofl'effion, i Mortgage it fhall be in the Liberty of the Mora ggt er or Vender, or .his Heirs, to brings his io be brought Suit in Manner as aforefaid, for Redemption thereof,. within the fpace :of three. in 3 years. Years next after the 'Term therein expired; and not afterward. 12 A. ca. t. • Provided 1 I,S Regni Regis G U L I E L M I, IIY. tlndecirho. 160. 3iufticcz Dotb6....Aefftont5 of the peace Provided always, That the Party. aggrieved at any Judgment to be given as aforefaid, shall have the . fame Liberty of Appeal and Review as in other Cafes is provided at the ;common Law. • C , H A P. XIV. An Af for Eftablifhing the Form of aii .Oaths. to .he admi- nif $red unto the Juflices . of,the Superiour Court of Judica-. ture,, and the Juftices of the Inferiour Court of Common Pleas refpeetively. ick ft tnwteb by the tieuesnaitt o ttnottr, Coiititil anb laeprefentac tibc , .in Oetterat Court alleinliWti, anb'ti the ititljolit8 .of the Tante, That the Oath following !hall be adminiftred into each of the Juftices of the Superiour Court of judicature ; and allot() each of the Juftices of the refpeelive Inferiour Courts of Common Pleas within this Province, by the Go- vernotir or Commander int • Chief for theTime being of the fame ; or fuch as {hall be by him thereto appointed. That is to fay : 93 OU Swear, That well and truly" :you fhall Terve Our Sovereign Lord the jtrlkes of King and his People in the Office _of a Mice of the Court of Courts Oath And that you will do' equal Law and Execution of Right to all People, Poor and Riith, after the Laws and Ufage of this Province : And 'in ficch Cafes as theLaw does efpecially provide to be relieved inEquity, there to proceed accord- ing to Equity and good Confcience, without having Regard to any Person, So help you GOD. Which before recited Oath fhall alfo be adminifired as aforefaid, unto the Justices that [hall be appointed and commiflioned for the refpeEive Courts afore- faid, from Tirne to Tithe, before their entring upon the Execution of their Office. • A&s and Laws, Paired by the Great and General -Court orAffembly of the Provinct of the Mafachr fetts-.Bay in .New -England, Begun and held at .Bolton the thirty-firft Day of May, 1699. CHAP. L AnA&t for holding of Courts of General Sefilons of thePeace, and afcertaining the Times and Places far the fame. ft tnactebi anti oliafneb fit iji trtetlenep the eobettiour; Coiling aitti liteprefenttitito, tri eentvat Court attetublea, atlb by tfje ZLI= tfjolftty of the fame, That there 1hall be held and kept in each re= fpe&ive County Within thisProvince yearly, and in every Year at the'Times and Places in this A& hereafter mentioned and exprefTed, A Court of General Sef- fions of the Peace, by the Juftices of the Peace of the fame County ; or fo many of them as are or !hall be limitted in the Commiflion of the Peace : Who are hereby unpowered to here and determine all Matters relating to theConfer- vation of thePeate, and Punishment of Offenders, and whatfoever is by themCog- nizable according to Law ; and to give Judgment and award Execution therein. 2fub In it further 'enacted be.* e uItijalitp Afolefatti, That the Times and Places for the holding and keeping the faid Courts of General Seflions of Peace within the refpea:ve Counties, !hall be as followeth : flat is -to fay : For the County of Si folk ; at Boflon, on the firft T'ttefdays in j uly, (Veber, 7anuary General SeitL ons of the Peace, their Conffitution and Powet. ¢W:8.4ti.ca.5; 7,11,i3,& 20. W!&M.ca.s. 6 *.&ill.ca.z. 9 W. ca. T. to W. ca. 8. t A. ca. 3, it 4. ca. r: tz G.ca. 3. t G. z ca. z; 4 G. z ca. i. igG. 2 ca. �e , 1199. Ate Rctvii Rekis G U i, It Lt Nil I, III. Ullc±echo. 94 effiorto of t je WL 4fv. The Times January, and April: For the County of Efex at Salem, on the laft lu flays and Places for in June, and December; at ..Newbury, on the lilt 7tefd in September ; and holding a at Ipfwich, on the Taft Tuefday in 114 - arch : For the County of Middlefex ; Court of Ge- at Cambridge, on the fecond I'zrefday in September, at Char flw on on the fecond neral Seffions of the: Peace, Tuefdays in December and March, and at Concord on the fecond Tuefday in in the revert!, June: For the County of Plymouth ; at Plymouth, on the third, Tu.efdays in, Counties. September, Veceniber and June, and on the firft `flee/lay in 114 -arch : For the 16 G. 2 ca. 4. County soli Barnf able ; at Barn/able, on the firft Tice/days in Tidy, ORober, 2zj G, z ea. 3., ` anuary and .April ; For the County of Briflol ; at BrJf ol, on the fecond 32 G. 2 ca, 3. l uefdays in July, Otlober, January and April : Por the County of York ; at Wells, on the firft ?eefdays in July andOfober, and at Fork, on the firllTief days in January and ./4pril : For the County of Halnpf ire ; at Springfield, Non 'the"firfl Tuefday tri September, arid third T'u fday in May, and at North- ,ampton, on the firftT'ufdays infecember and March : For Dukes County; 'at .Edgar -Town, on the firft Tuefday in OC`lober, and on, the firft Tieefday in :March And for the Ifland of Nantrickett ; at the fait! Ifland, on the fist 7tefclay in Qc7ober, and .ort the Taft Tuefday in March : Yearly and its every Year, from Tittle to Time. Appeal to ttti belt furter matt' tip tbcautra;ft�f afozzftub, That it Miall and may the Court of be lawful for any Perfon aggrieved at the Sentence of the Juftices in any Court Affize. of General Setfions of the Peace, to make his Appeal from filch Sentence (thy: Matter being originally heard and tried in the faid Court ) unto the next Court ,of Mize and General Goal Delivery to be held within or for the fame County, ..,there to be finally iffued. Appellant to Provided, That noAppeal !hall be granted, tinlefs it be claimed at the Time give Security of dechring the Sentence and the Appellant enter into Recognizance, with two for Profecu- eco g lion, egc, fafficient Sureties within the fpace of two Hours.next after, in a reafonable Sum for his perfonal Appearance at the Court appealed to, and Profecutioii of his Ap- -peal there with Efiea ; and to abide and perform the Order or Sentence of the Paid Court thereon, and to be of the good Behaviour in the mean Time. Sec Refolve And the Party appealing is to remain in Cuftody of an Officer, until he 'hall at the end of have given fuch Security. And the Officer not to be allowed "above tzvelv'e this AEI. Pence an Hour for his Time and Attendance.. Reafons of Provided alfa, That every finch Appellant do file the Reafons of his Appeal Appeal to be in the Clerk's Office of the Court appealed unto feven Days before the Day of fled feven theSitting of the fait! Court ; and alfo at his own Cofr, do talk out and prefent Pays before the Sitting of unto 'the Court, an httefled Copy of the Sentence, and likewife attef}ec{ Copies z p the Court ap- of all the Evidences upon which the fame was grotmnded. And the Appellant pealed to. 111a11,pay the like Fee for the entring of his Appeal in the Court appealed to, as is byLaw required, for entry of anAdion in a Civil Caufe, and the like Fee to the Jurors, that (hall try the fame. - Citb lieit IrttrtijrC'thatteD ftp the 21tutio ttp >fafo�efaib, That in.convenie n, Jurors how to Time, before the Sitting of the Paid Court of General Seflions of the Peace in Pe chofen & fummoned. each refpective County, the Clerk of the Peace in filch County than ifl'ite out Warrants dire&ed to;heC.onflables of the feveralTowns within the fanleCou&y, Or the moil principal of them; requiring thein to afThmble the Freeholders and other Inhabitants of their Town qualified as in and by his Majefly's Royal Charter is directed, to eke& and chufc fo many good and lawful Men of the Paid Town or DiflriEs thereof alike qualified as aforefatd, as the \\Tarrant shall direEt; to Terve as Jurors at ;filch Court. And the Conf}able (hall fummon the Perfons fo chofe.n, to attend accordingly "at the Time and Place appointed • and ?onffabltn. make timely Return of his Warrant unto the Clerk that granted the fame ; on negicaing to pain that every Conftable failing of his Duty therein, flan forfeit and pay unto ',Lake their the County-Treafurer for the life of the County, a Fine not exceeding five Return. Pounds, nor lefs than forty Shillings, at the Difcreticn of the Juflices of filch Court : milers Titch Conflable: fo failing of his Duty as aforefhid, Thal! feafonably make a reafonable Excufe unto the Juflices of the faid Court, for his Default? and the fable be allowed of by thele. An4 • Ana Rcj;;/RcessGULILLMI, III. Undecinno, 3lnfcrtour Couto* And if by reafon of Challenge, or otherwifc, there 'do not appear a sufficient Number of good and lawful Men to make up the Petty Jury or ,juries, to Terve at the Paid Court : Then and in filch Cafe the Paid Jury or Juries fhall be filled up De talibus circurn/lantibur, to be returned by the -Sheriff'; and where the Sheriff is concerned or related to tither of thcParties in any Cafe, to be return- ed "by the Coroner. 2nb be ft further _meth I' rjc £iutiin:Trp nfo;efnib, That it than and may be lawful for any Perfon fentenced for any criminal Offence, by one or more Juftices of the Peace out of Seflions, to appeal from filch Sentence unto the next Court of General Seflions of the Peace to be held within the -len(' County. Every fuel) Appellant recognizing with Sureties in a reafonable Simi not exceeding five Pounds, for his Appearance at the Court appealed to, and to profecute his Appeal there with Effea, and to abide and perforrn the Order .or Sentence of the faid Court thereon, which is to be final ; r nd in the mean Time to be of the good Behaviour. And every fuch ' ppellent (hall attend the fame Ruses and Method for bringing forward his Appeal at .the faid Court of General Seflions of theFeace, as before in thisAa is provided inCafe of Appeal Prom the faid Court, CO the Court of AfTize and General Goal Delivery. nd fhall pay the like Fee fdr (muting of his Appeal, as for the entring of a Civil Adiotl in the Inferiour Court of Common Pleas ; and the like Fec to ,the Jurors as is paid them in the Paid Inferiour Court. [ At a Great and General Court begun and held aoften tllc- 26tL; of May i; o8. The folllowing Rejblve paled. viz ..,4 pile being,ed"upon the third Section or Paragraph in tbe.Ac7 for holdrn& of Courts of General ant of the Peace, &c. made and pard in the eleventh Tear of .King W'illiaha the T/»rd ; viz. TL Nether thel3' nd for the goodBehaviour directed by the fait! 4S to be given in Cafe of .Appeal from theSentence of the fu/lices,in any Court of General Sefions of thePeace, be demandable of any other,live of the Perron proff-- cuted, convicicd and fentenced for any Crime, and his Sureties? .Refolvcd in the Negative : .And that the Law is fo to be rind(' i fioo. i and practiced accordingly : Any Ufage or Cuflom to the contrary notwitb- flanding. ] CHAP. An Aa for the Eftablifhing of Inferiour Courts of Common Pleas in the feveral Counties of this Province, Be it enatten fut,oc2.aiticb !ata i'15 Q ycdllcllty 'Tic c5oinuanttt•, •'r'ountif anb EcprefenratiucN in dt$entttil Court ativinbicb, nnh hp trig), :~t.trrja, ftp of tlit lantc, That there fhall be held and kept in each refpettive County within thisProvincc ; and at thelfland of Nantucket within theta me,yearly and every Year, at the Times and laces in this o 61 hereafter mentioned and cxpreft'ed, An Ir feriour Court of Co,n,non Pleas, by four fiibflantial Perfons, to be appointed and commiflionated asjuflices of the fame Court in each County ; any three of whom to be aCteortcm,for the holding of the fzidCourt ; who !Mall haveCognizance of all civil Aflions :wiring or hapning within fuch County, triable at the common Law, of what I`ature,Kind orQ,jality foever : And are hereby impowred to giveJudgment therein, and award Execution thereupon. mill lie it ftirtljct- ctinrttf tip the 2uti o;imp dfoefait, That the Times and Places for the holding and keeping the Paid Inferiour Court of Comn ion Pleas within the feveral and refpetlivc t ounties, fhall be as followeth : 77:,;C is to fay : For the County of Suffolk; ar Boflhn, on the firfl Tuefdays in July, Oc`lo- b.er, January, and April : For the County of Ele ; at Salem, on the lafEYuef dap 1699 95 heriff' to re- turn Jurors, in cafe there fail ofa fufiii- eientNuir,ber. Appeal from the 'sentence or one or m erre Juilicea of the Peactl. Infericeur Court's Con- ilitution and Power. Times and Places for holding them, enol egniRedsGULIELMI,III. Undecimo. 3jnfertour Co uttc.5. days in June and `December ; at Newbury, on the Taft Tuef lay in Sep tc nbcr and at Ip/wich,on the lafl Titefday in March : For the County of Middlcfc'x Aloes tered as the atCambridge, on the fecond Melly in September, ;it C arlflown, on the fecond oGeneralSeiri- fuefdays 1n December and March, and at Concord, on the f:eonclTreefday in ons of the June : For thcCounty of' Plymouth ; atP/pout b,on the thirclZ ate/lays inSep- Peace in the tember, Vecembcrand June, and on thc firflTue/2(ay in A'arcl.; : .FortheCoun- preceeding ty of Barnflable ; at Barnflable, on the fir[tTu%days i n f ul }', Oc`lober, 7c nuai y tinct April: For the County of Briflol ; at Briflo(, on the fecond Tueflays in July, Oelober, 7anuary and .April : For the County of 2"ork ; at T'Yclls, on the firft ` itefclays in July and Oc7ober, and at 2'2rk, on the Cirri Tue fttays in January and April : For the County of Tratap/hire ; at Spri/Wicicl, on the firft Tuefday in September, and third 1 w' day in May, and at .Northampton, on the firftT'uefdays inDccember andMareh : PorDukes-County ; at Zdgar-Town,on the firft Tueflay in Oelober, and on the firft Tuefday in Mara : and for the Ifland of Nantucket ; at the faid lfland, on the first T.icflay in Oc7obcr, and on the lift Titefay in .March, yearly and in every Year, from Time to Time, S1nb be it fuctljer cnacteb bp rljc C.ttttjo?ftp afo;cinib,, That all Proc: [l'es Writs to and Writs for the bringing any Cae or Suit to Trial in any of the al 1 nfcriour out of the Ue CadeCourts, shall laic out of the Clerk's Office of filch Court in His ajcfly's Clerk'sOfliice. Nanie, under thc Seal of thc faid Court, to be Ggncd by the Clerk, and dire ed to the Sheriff or Marfhal of" the County, his Under -Sheriff or Dcpdty. And if fuch hotels or Writ be againft thc Sheriff or .Marfllal, to be dire&ed to the Coroner. Coroner of fuch County :. who is hereby impow•ed to execute the fame. And 12 W. ca. G." where the Sum Cued for is under Ton founds, may be alio dirc�`&ed t.) the Con- i 4. s G. ca. ' [tables of'.theTown. AndWrh) original as well ori inal as, udIcia1 :iluin g out of theClerk's z G. ca.. Office of the faid Court fhall run into any County and Place within this Pro - To run thro' vince ; and be there executed by the Officer or Officers of filchCounty to whom the Province. they are dire&ed. And all proper original Proceffes iii the faid Court, (hall be And to be Summons, Capias or Attachment, which [hall be ferved and executed fourteen summCapias or P Days before the Day of the Sitting of the Court where fuch Writ or Procefs is Attachment. returnable. Provided, That no A&ion under the Value of forty Shilings (hall be brought Provifo for into any of the faid Inferiour Courts, unlefs where Freehold is concerned ; or Actions under tiiion Appeal front a •Juflice of Peace. 40 1. 2iub be it fitrr1jec citactt bp the . ltttlj)ozitp afct;etnia, That in convenient Clerks to lime Time before the Sitting of' the faid Inferiour Court in each refpc&ivc County; out Warrant:.,the Clerk of fuck Court [hall lithe out Warrants direCed to theCotiftables of the feveral Towns within the fame County,or the moll principal of them : requir- ing. them to aflemble the Freeholders and other Inhabitants of their Towri qua- lified as in and by His Majefty'sRoyal Charter is dirc&&ed ; to ele& and chore Co many good and lawful Men of the faid Town or Diftrkts thereof alilcc qualified as aforefaid, as the Warrant {hall dire& ;,to fcrvc asJurors ac filch Court. And the Conftable fhall fummon the Perron fa choler), to attend accordingly at the Time aid Place appointed ; and make timely Return of his 7WarrAnt unto the Clerk that granted the fame ; on pain that every Conflablc failing of his ;,ty therein, (hall forfeit and pay unto the County Trcafurer for the Ufe c,;' '!e County a Fine not exceeding five Pounds, nor lets than forty Sbitlincis, at tNe Discretion of the Juflices of filth Court : Unlcfs filch (. onflable fo failing of his Duty as aforefaid,lhall feafonable make a rcafonablc ExCllfc hilt° thejuftiCCs of the faid Court, for his I)efault,and the fame be allowed of by them. And if by Reafon of Challenge,or otherwife,therc do not appear a fufficient Number of good and lawful Men to snake up the Petry Jury or Juries to f-rvc at the faid Court ; then and in fuch Cafe the faid Jury or nrics (hall be filled up �e talibus circumfantibus, to be returned by the Sheriff'; and where the She- riff is concerned, or related to either of the Parties in any Cafe, to be returned by the Coroner. CLAP. 1 4nno Regni Regis G U L I E L M I, III. Un. uupetiotir (autt5, C 11AP. 111. AnAa} for eftablifhing a Superiour Court of Judicature, Court of Aize, and General Goal Delivery within this Province. it maw) aub o baincb by 1jiiYtellefl p tr e C3o1)crnour, co unCii Superiour anti )Reptefeftatibc , in enteral Cadre gffcrbleb, ati hp tlje u: court of judi, cature Couri t jo,citn of the fame, That there shall be a SuperiourCourt of Jiidit:a- of Affize &c. tore, Court of Aflizc, and General Goal Delivery over this who ein this theirs ce, andonttc- to be held and nd kept annually at the refpe ive Times andPower. 11cicaf'ter mentioned and exprcfl'cd, by one chief Ju[ticc, and four other jufti-Gat,&1t7ca,2 ccs to be appointed and commiflionated for the fame ; any three of whom to be ty ca. 6. i?pmixt, well a Ouuorum,who (tall have Cognizance of all Pleas,rcal, per ona fco vationasof the 6 G. ca. 6, all Picas of the Crown, and all Matters relating �© p�A�ioCons bctwcen Party Peace, and Punitlllnent of Offenders ; as civil . , and Party ; and bctwcen his Majcfly and any of his Su elco ,and Inheritance the fee do concern the Realty, and relate t0 any Rt]htari�Felate to Matter of Debt, or whether the fame do concern the P y Contra&, Damage or perfonal Injury ; and alto all mixt A�fions which concern bothRealty and Perfonalty brought before them byAppeal,Review,Writ of Error, or otherwife as the Law direEs, And generally of' all other Matters as fully and amply to all Intents and Purpofes whatfoever, as theC; u It �o K 1g'rrd, hake Common Pleas and Exchequer within his Majefly s King Eng )and, ought to have. And are hereby impowred to give Judgment therein, and award Execution thereupon, 2nb tie ft {umber mato !sip tlje aut#)olitta nfoefafb, That theTimes and Placesfor thc holding and keeping of the faid SuperiourConti ofjudicature Court of Mize and General Delivery, [hall be as followeth : T hat is to fay : W irhin and for the Comity of Sufolk,at Baflon, upon that rff.SaTuefdaysm, on in necond November Tuf and Nlay ; within and for theCounty of e �ird Tuefdayin May :within and day in November ; and at Ipfwich,r G. 2 ca. r r: for the County of Middlefex ; at Cambridge, on the laft Tuefday in .duly ; and zr� GG. i,ca. i. at Charlown, on the Taft Tuefday in January : within and for the County nd z G ca.a3. lamp/hire ; at Springfield on the fecond Thurfday in ./lugufi . within2 ca. the County of York ; at Kittery, on thc `I�burfday in' the Week next be- 20 G.2.ca. 3: fort fort the Time herein fet and appointed for the Sitting of the faid Superiour Court at Ipfwich: for the Counties ofPlymoutb,Barnf aandnd Dr kes County ; thCounty at Plymouth, on the laft Tuefday in March : and within of Briflol ; at, Briflol, on the fecond Tuefday in September yearly, and in every Year, from Time to Time. Nantucket. That there (hal S<inb be it further eunfteb bp the 2ul be N tjolitp afolefnib, ca. S,, held and kept a Superiour Court of Juclicature,Court of' Al Offenze ande Generar OCP sees oal Delivery, for the hearing and determining of any cap that [hall arife or happen within the Ifland of 1Vantuckett, at fuch Place with- in the fame, and at fuch Time as the Governour and Council adviGng with the Juflices of the faid Court (hall f•romTime toTime dire& and appoint,according as Occafion may be. Provided'nevcrthelefs, That the Trial of all Matters and Caufcs by Appeal S; from the Court of General Scfions of the Peace, or Inferiour Court of Common ><z G. ca Pleas refpeEively within the faid Nand of .Nantuckett, or by Writ of Error re- lating to anyjudgment given in the faidlnferiourCourt ; (hall_ be in the Superiour Court of Judicature, Court of Aflize and General Goal Delivery, CO be held within the Counties of' Sa folk or . Vfiddlefex. ll Procefl'es Procefs to be Sclnb be ft Inaba enatteb bp t'je �.utljo;itp afoi£f Thatatb, afertied four - and Writs going out of the faid Superiour Court of Judicature to be held with- ,ten Days in or for any County within this Province, (hall be in his Majefty's Name, un- before tri der the Seal of the faid Court, and figned by the Clerk thereof, and "hal e }lbe Courts Siting. dire N 2 1699. 97 Times and ['laces for holding Su- periour courts. V699. 9 8 Yawn Anna Regui Regis G U L I E L IVI I, III. Undecimo. direeted to the Sheriff, his Under Sheriff or Deputy,or other properOfl'icers,who are hereby impowred and required to obferve and execute the fame : And fhall run into any County or Place within this Provincce, and be there executed by the Officer or Officers of fuck County or Place to whom they are dire6tcd. And all ProcetTes for the Trial of civil Caufes in the faid Court upon Review or in other Cafes which by Law niay be originally there brought, !hall be ferved and executed fourteen Days before the Day of the Sitting of the Court where fuch Writ or Procefs is returnable. jurors how 1ilb; be it further metal bp the arilbotitli afo cfaib, That in convenient to be chosen, Time, before the Sitting of the Paid Superiour Court of Judicature, Court of Aftize a.nd,General Goal. Delivery in ea h refpective County, the Clerk of the faidCourt (hall joule ourWarrants direcied to theConftables of the feveralTowns within the County or Jurifdi&tion of the Paid Court, or the moff principal ofthem; requiring fuch Conftables to afl'emble the Freeholders and other Inhabitants of their Town qualified as in and by his Majeffy's Royal Charter is direeted, to eleh and chufe fo many good and lawful Men of the faid Town or DiffriCts Penalty on thereof, alike qualified, as aforefaid, as the Warrant (hall dire, to ferve as Ju- ;onftables rors at the faid Court : And the Conflable !hall Summon the Perfons fo thofen, not returning to attend accordingly at the Time and Place appointed and make timelyReturn tori cnts o for choicehoice of f his Warrant unto the Clerk that granted the farm; on pain that every Con - Jurors. 'fable failing of his Duty therein, shall" forfeit and pay unto. the County Trea- furer for the Ufe of the County,, , a Fine not Exceeding Five Pounds, nor lets than forty Shillings, at the Difcretion of the Juftices of the faid Court : Unlers (itch Conflable fo failing of his Duty as aforefaid, (hall feafonably make a rea- fonable Excufe unto the Jul -flees of the faid Court for his Default, and the fame be allowed of by them, And if by Reafon of Challenge, or otherwife, there do not appear a fufficient Sheriff to re. Number of good and lawful Men to Crake up the Petty jury or Juries, to ferve turn Jurors, in at the faid Court : Then and in fuch Cafe the faid Jury or juries, !hall be filled Coafea there dao up De talibus circunlf antibus, to he returned by the Sheriff; and where the nr fufficient Sheriff is concerned or related to either of the Parties in any Cafe, to be returned Number. by the Coroner. CHAP. IV. An M± in -Addition to the A& for Regulating the Militia. Preamble. WITEREdIS in and by the AS Intituled, An Act for regulating the Militia, among otherThings therein contained : 3t io cal'ic'o, That Drums, Drummers, Trumpets, Trumpeters, Colours and Banners, be by the Commiflion Officers of each Troop or Company, provided at the Charge of' the refpettive Companies and Troops, where they are not already provided ; and the Fines will not reach to procure rhe fame :" But no D. rationbeing given by the faid Law, how or in what !Wanner fucb Charge /hall be ryf fed and levied upon f rch Company or Troop : 13c tt tber'efotc mom by iji the d3o`bcrinlir, Council anti Comrnifi'ion ttplefentatibt , in d cneraf Court at'enibleb, alfa bp the aurljo2ftp of the Oak: Afreff- fame, That whetrand fo often as the Fines arifing in any military Company or ment for Troop, (hall not be fur lcient to anfwer theCharge of providing ftutable Drums, DrumsTrum- Trumpets, Colours and Banners; and the Support of Drutnrners or Trumpe- pets, &c. ters : the Commiflion Officers of fuch Company orTroop refpe&ively, arc here- by authorized and impowred, to offers fo much as (hall be wanting and necefTary for thatUfe and Occafion, upo3 their Company orTroop; and to proportion the fame in the molt equal Manner they may, upon all the Perfons cnrred in the Roll of fuch Company or Troop, and liable to attend any military Duty in the fame; having due Regard unto PerfonsAbility for Effate and other Circumflan- ces. And where there be Sons and Servants, their Parents or Mailers to pay for them, if they cannot do it thetufelves. And the Afrefstnents fo made, being figned by the Comniifl-ion Officers, !hall be committed unto the Clerk of fuch Company TY.&M.ca.7. r • • .Ano Regnr Regis`'G U L I E L`M 1, III.V Undccimo. 1699. -upprefgrig of Ziagabortbz. 99 Company or Troop, together with aWarrant from the chief Officer .of the fame, requiring the Paid Clerk to collet and pay in the. fame unto himfelf, to be em- ployed and difpofed to rhe .Ufe.aforefaid : and to make Diftrefs of all Perfons that fhall negle& or refute to pay 'their Proportion thereof. And fuch Clerk is hereby impowred and required to execute tach Warrant accordingly, and to pay in the raid Monies unto his chief Officer2And if any fail in their Betruflment and Duty aforefaid, they (hall be liable to give Account to their fuperiour Offi- cers, from Time to Time. CHAP. V. • An A6t for the fupprelling and punifhing of Rogues,. Vaga- bonds, common Beggars, and other lewd, idle and difor- derly 'Perfons : And alfo for fetting the Poor to Work. 1e ft enactoib by 1j& txceliecicp flit Sotieraour,Council a'nb `aeprtfen-* Houfe of, tattflt, , in &anal CoIlrt affe inf11eb, anti bp tjje 2trtbolitp bf tf c be providedo fame, That there shall be ere&ed, built or otherwife provided in every in each County within this Province, at the Charge of fuch County ;' a fir and convent- County. ens Houfe or Houfes of Correhion (where fuch a Houfe is not already provided) with convenient Accommodations thereunto adjoining and belonging ; ,to be ufed 4G1r,8A1ca.i4 and employed for the keeping, correctng and Petting to Work of Rogues; Vaga- bonds,common Beggars,and other lewd, idle and diforderly Perfons. And until fuch Houfe or Houfes of Correction be ere&ed, built or otherwife provided, the common Prifon in each County may be made Ufe of for that Purpofe. Citib be it further matter, by the otit!iolitp armlet, That the Jutlices of ja'}iees in Peace in every County at the General Sections of the Peace, to be holden for `o a oinc a the fame County, from Time ro Time, may nominate and appoint at their Will Mailer of diet and Pleafurc, an honeft fit Perron to be the Mailer of fuch Houfe of Corre&ti- Houle of on : And it (hall and may be lawful to and for the faidCourt, or any one )uttice Correctiont of the Peace out of Court, to fend aid commit unto the faid Houfe, to be kept and governed according to the Rules and Orders thereof,alJ Rogues,Vagabtnds, and idle Pet Eons, going about in any Town, or County, begging ; or Perfons ufing any ,fubtle Craft, Jugling or unlawful Games or Plays ; or feigning thetn- felvcs to haveKnowledge inPhyfiognothy„Palmeftry ; or pretending that they can tell Diiflinies,orFortunes, or difcover where loft or ftol'n Goods may be found ; common Pipers, Fidlers; Runaways ; flubborn Servants or Children,'comnion Drunkards, common Night Walkers, Pilferers, wanton and lafcivious Perrons, either in Speech or Behaviour ; common Railers, or Brawlers ; fuch as neglect their Callings, mifpend what they earn, and i'o not provide for them (elves, or the Support of their Families ; upon due Conviction of any of the Offences orDif- orders afcr,;faid. alto tie it elivtljer enarteb by tfte Qtut o stir fuch Houfe of Correction to be appointed as afarefaccl,i�fh lll�havat the Powe er Rb� ds Va.r Authority, and (hall tet all fuch Rogues, I and g s> Sc5 YVagabond, Beggars, and other lewd, to be fee co idle and diforderly Perfons, as aforefaid, that !hall be duly fent or committed Work. unto his Cuftody, to Worlc and Labour (if' they be able) for (itch Time as they fhall continue and remain in the faid Houfe ; and to punifh them by putting Fetters or Shackles upon them, and by moderate whipping, not exceeding ten Stripes at once ; which (unlefs theWarrant of Commitment (hall otherwife di- And he d rect) fhall be infli&ed at their Brit coming in, and from Time to Time ; in Cafe &c Whippppin they be fiubborn, diforderly or idle, and•do not perform rheirTalks, and that in goodCondition,according as they (hall be reafonably fainted : or to abridge them of their Food, as the Caufe (hall require, until they be reduced to better Order. And for the better fupport and governing of the faid Houfe of Correction ; and for en:playing off tch P fans as Jhall be committed to the game : 4 • 4 1699. 1 0 ,Juffices in their Sefiions to make Or- ders for go- verning the Houfe of Corratio. How Perfons fent to the Houfe of Correftion are to be fupported. An;ro Regni Regis G U L I E L M 1, III. Undecimo. oufe of Cogertion• %5e it further cnlctcb lip the Zutijoxftp afu rfnfb, That the Juffices of each County in their Court of General Seflions of the Peace,fhall be,and hereby are authorized and impowered, to make neceffary Rules and Orders from Time to Time, as they shall find Occafion ; for the ruling, governing and punifhing of fuch Perfons fo to be committed, agreable to the Laws of' this Province : And fuch Rules and Orders as fhall be made in that Behalf by the Juftices in their General Seflions, (hall be of Force, and be duly performed and put in Ex- ecution. atm be it frutljet enlcteb by tin 2futlj'ogitp dfotefnib, That when any Per - fon or Perfons fhall be committed w the faid Houfe of Correction, from any Town or Towns in this Province, the Sele&-Men of filch Town to which the Paid Perfon or Perfons belongs, lhall take Care, and at the Coll and Charge of the Paid Town (hall provide, as there (hall be Occafion, thimble Materials-; fuch as {hall be necefl'ary and convenient for the keeping fuch Perfon or Perfons fo committed, to Work,during his or theirAbode there ; and fhall deliver the fame to the Mailer or Keeper of the faid Houfe, to be improved for that End. And where any ftubborn Children or Servants, that are under the immediate Care and Government of their Parents and Mailers, (hall be committed to the Paid Houfe; the Parents or Matters of fuch,Children or Servants (if able) (hall take care to provide fuch Things as may be neceffary for the keeping of them to Work and Labour, during their Abode in the faid Houfe. And no Perfon to be com- mitted to the Paid Houfe of Corre&ion that is able to Work,fhal l in any Sort be 'chargeable to the County, for any Allowance; either at their bringing in, going forth, or during the Time of' their Abode there : but (hall only be allowed for their Labour and Work, the Sum of eight oPence out of every ,Shilling they (hall earn ; and the Over -plus of fuch their Earnings, to be unto the Matter or Keeper of the Paid Houfe, to Account for : And if fuch Perfons are Maflers or Heads of Families, then and in fuch Cafe, the whole Profit and Benefit of theirLabour, or fo much thereof as the Court of General Seflions of the Peace (hall think neceflary and dire&, fhall be for the Relief and Support of fuch Perfons and their Families. And if any Perfon orPerfons to be committed to the faidHoufe, (hall be unable to Work, or be Weak or lick ; then to be relieved by the Mailer or Keeper of fuch Houfe ; who fhall be again reirnburfed what he fhall fo ne- tefTarily expend for the Relief of fuch Perfon or Perfons, by the Sele&-Men of fuch Town to which the faid Perfon doth belong ; and thebSele&•Men to afI'efs the fame upon the Inhabitants of fuch Town or Precinft : Mcept the Perfon or Perfons fo, committed to the Paid Houfe, being unable to work or being weak or lick, were at the Time of his, her, or their Commitment, in their Minority, and under the Care of their Parents or Mailers : Then and in every fuch Cafe, the Parents orMafters of filch Perfon or Perfons,fhall reimburfe what neceffary Char- ges the Mafter or Keeper of the faid Houfe of Correalon Shall neccfTarily ex- pend for their Relief. Matter of the 2116 be it furtijcr mutat bp trit £utfjo stn a'orcfaib, That the Mafia or 'Houfe ofCor- Keeper of the faid Houle of Corre&ion shall for his Care, Labour and Service, reason, to be in looking after the Perfon or Perfons that from Time toTiine fhall be commit - paid for his ted to his Care and Cuftody ; and alfb for relieving any Perfon or Perfons that Fare, &c. Shall happen. to be weak of Tick in his Cuflody, have fuch reafonable Allowance and Satisfa&ion made him, by the Parents or Mailers of fuch Perfon or Perfons fo committed, if under their immediate Care andGovernment ; or otherwife by the Town to which faid Perfon or Perfons do belong,as the Juftices at the Court of General Seflions of the Peace for fuch County fhall dire& and appoint ; if the Earnings of fuch Perfon or Perfons be not filfficient to difcharge the fame, over and above what is allowed them out of their Earnings for their Relief; And to keep And the Mailer or Keeper of every filch Houfe, .{hall keep an exa& .Account an Account of of all Profits and Earningsthat !hall be made bythe Labour of thofe under his the Earnings of thole com- Cuflody from Time to Time,and prefent the fame (upon Oath if required)unto {flitted to his the Juflices of the fame County,at their General Seflions of the Peace ; out of Cuitody: ' which Earnings, the faid Mather or Keeper of the faid Houfe shall have his Al- lowance .z: .,luno Rezui Regis, G U L I E L M 1, III. U►iclecimo. • ouie Ot Cod �6++-'iR1Ai5• lowance : and if any Overplus be, it 'half be to thc'I'own to which the Paid Per - fon or Perfons doth belong ; or to their Parents orMaffers,according, as the Cir- cumilance of the Cafe may be And the Mailer or Keeper of any fuch Houfe of Corre&ion that fhallrefufe to Account as aforefaid; oi- Thal( otherwife be negligent of hisDuty required by this A&,.hall be liable to fiichFine orPunifh- ment as by theDifcretion of the Court of General SdTions of the Peace in fuch, County (hall be awarded. And for the better employing and filling the Poor to Fork : Int it, furtlicc ettactcb bp the atithrgio afoicfaab, r1 -hat where there is a Scieh-Men Houfe already built in anyTown, with Intent to be improved for aWork-Houfe, to proportion to fet their Po01: on Work,or lhall hereafter be built for that Purpofc, and the a e Ai i'fs- Inhabitants of filch Town fhall grant a Tax or Aflefsment for the railing of a manci)eh?ant Stock wherewith to provide.neceft`iry and fuitable Materials, Tools and Imple- ed by the In- ments, for employing and ,fettinr; their Poor on Work at filch Houfe ; the habitants of Sele&-Men of the fame Town for the Tinie being Chaff proportion fuch Tax any 'is""rn ; or Afl'efsm for S cnt upon the Inhabitants thereof, in the m�off �ufl and equal Manner fet theirtock 0 Poor they may, according to the Rules and Methods for the Time being prefcribed on Work. by Law for proportioning the Province Tax ; and hall grantWarrants for col - Idling the fame, in like Manner as the Law direas for the gathering of other "Town Rates or Af%fsments : And the Tullius of Peace reading in any fuch Town, together with the Sele&-Mess. thereof, are hereby impowred and autho- Mailer and rizcd, to nominate and appoint from Tinie to Time, three or more fufficient Per- wardens to fons of thein nhabitants,:is aMafler and Wardens ; to govern, infra and take are fo. acuprinted. that all Perfons of the fame Town employed at the faici Work-Houfe, or fent Work-Houfe, thither by any two.,i.uf lices of thePeace,Q,uorumUnus,to be kept toWork there; be held and kept firi&ly to Work : And that all idle and diforderly Perfons, and Zilch as do not duly perform fuch reafonablc Tai; or Stint as Mali befet them, be punifhed by moderate whipping, or Petting in the Stocks. And all Stock, Materials, Tools and Implements, to be railed and provided as aforefaid, (hall be committed into the Hands of fuchMaftcr and Wardens ; to be managed tiled. and employed, according to their i ;ifcrction, for the employing and Petting to Work all fuchPcrft..ans as Shall be under their Infpe&ion andGovernment. And Their Power. the Paid Mailer and Wardens, are alio hereby impowred to demand, fue for, re- cover, accept, receive and take, any Gifts, Bequefts and Donations, that arc, or Bull be made and given by any Perfon or Perfons, to the Ufe of the Poor, for and towards a Stock for Each Work-Houfe ; and to employ and difpofe the fame accordingly : and {hall once a Year,or ofrner, from Time toTiine,if required, render an Account upon Oath unto the Town, of their Management, Employ - lent and Difpofiil, of all Monies or other Stock to be committed unto them ; or that by any other brays or Means, as aforefaid, (hall come to their Hands, and of theProfits and Incomes made thereof : and (hall have fuch reafonableAllow- ante and Recompcnce made unto them for their Trouble,Pains and Service, in and about this Affair, as the Town hall agree and order. And all Stock to be 411 Stock to railed, or otherwife obtained as aforefaid, with theincreafe,Profits andImprove5, ho kept entire silents, from Time to Time made thereof, {hall be kept entire, and applied to, for the fail and for the Ends and Ufes before -mentioned, and for anfwering of the necelLry '4'orl''s° Charges arifing on and about the Repairing and keeping of the faid Houfe, and the fiibfi(ling of thole that [hall be there employed ; and to no other Ufe whatfocver. .ailb i;e ft furrljcr enacteb by t.ljc iut1)o<itp nfor'cfaiD, That it fhall and may be lawful, to and for any two Juflices of the Peace (Quorum Untts) to fend unto Bich Work-Houfe, to be there employed and kept to Work, all Perfons belonging to the fame Town, being able of Body, that live idly or diforderly, mi Upend theirTime ; or that go about begging, or receive Alms from the Town. And the Matter of fuch Houfe (hall receive and keep them to Work accord- ingly. CHAP, Two'jui}ices may Commit to the Work- Houfe 13 Gig: c3. ie. 1699. 102 Anno Regiti Regis G U L I E L M 1, M. Undecimo Common foal• Ettatclye5. CHAP. VI, .A.n Ata appointingthe Sheriff to have the keeping of the common Goal, and the Prifoners therein. Q ft enatteb bp. WO QNceifencp the drso1Jetntur, council anti lacaaitn tc ctn: tatitie , in entral court Minato, atlb bp ) j?. e ' {Anne, That theSheriff of each feveral County within chisProvince,have the Cuflody, Rule, Keeping and Charge of every of the King's Sheriff,o ls, Prifons,and Prifoners in the fame, in the County whereduring Time of his Office ; to be held and kept by hirnfelf or his lawful Deputy or Under -keeper, for whom the Sheriff {hall beanfwerabll of And Gevery neralSShliriff ecoi s fhall give fufficient Security at the Difcretion of the Court of the Peace in the fame County, unto the King's Mhe tr he edte ue and faith- ful Difcharge and Performance of his C'tice in all t Partse o iGle Care f. And for Encouragement unto the Sherif to take as eland 1 ufe allbf committed and Diligence for the fafe keeping of the Pr fon to his Cuflody : Sheriff' of every e it fttrtbct enattcb bp tit atttfjo�itp afolefa ib, That the County!hall have fuch Salary allowed hula for the fhmee, e Juf.i ccs f th c Court of General Seflions of the Peace within the fat County fi and order, not exceeding Thirty Pounds per Annum f the other CountiesofiSifo/n the and not exceeding Ten pounds a piece in each of the Province ; to be paid but of the Treafitry of inch County. Sheriff to have the Cuftody of the Goal and Prifoners therein. To give Se- curity. Salary. SW.&M.ca.7. Juftices and Sled Men to appoint a Watch to be kept in Towns, ca. 6. To be warnc theConfa Time to Time, ble. refpectivcly, and to fee that all Perf ons fo warnedy their Dutyin that Regard, and to take Care in the warningthsC1eof,tt at f fuch Watch or Ward do not conficlr of all or the begreater `o ed with them, And the Con - {tables other fuffrcicntPer that {tables are hereby enjoined to give in Charge to thcWatch` � fee to examine Difur- bat;ces and Diforders in the �': fight be prevented in or theNit lit after ten a Glocl:,of their l Perfons whom they {hall fee walking abroad g BuGnefsabroad at fuch Seafon,and whither they are going ;uC lcfstble Setisf cwnra orderly and peaceful Perfons ; and in Cafe they give not therein or areperfons of ill Behaviour,or juftly fufpefled to ent or he vel any �cTh unlawful therein, Intention or DeGgn,then to fecure by I I �pj� fu»ri1 the Morning, and then to carry r ly and fufpiciousPerfons,to be fafely kept them before one of the nett -dices of thePeace to bc examined and proceed! d g CHAP. VII. An At for keeping of Watches in Towns. b b p big Qleeflentp tfje 1d$4{1el"Itottr, council anti a,��,cp�cfci;: it ellalte 1 � tart�leo, f nU"ettetdl Una ntCetltlptcb' tloften as�trrhlitaty Watch That from Time to Time,when and fo of be ordered and appointed to be kept, the Juflices of' Peace, fuch tog-ether with the Sclec�-Men of each Town l�thel�StPl�vi',/ce Ien; and by thcmfelves, are where no Ju{lice of the Peace dwells, herebyimpowred and authorized to dire& and order a fai:ablleWter nioe -Watches e 1 to bc fet tip and kept nightlyl wi;h,itheu�o'r0 �1 �j�from e Place or Places where in the Evening, until Sun riling to fet the fame ; and alfo a\card to be kept every Lord's Day, rs and wether Due , as they {hall think to be needful ; and to etforit tl�ethe be Numbers and continuance Watch and Ward {hall conolft}�bl� theTor Coin{fables of the Town, having Orders of the fame. And the C accordingly given him or them in writing, by the .juflices eaand Sellls, Men orthe d Select-1VIen only, in fuch Towns where no Juflioe wf P fuch Watch and Ward y impowred and required from 'n ' h them do attend and obferve onir %nr:oReiniRegis0 ULIELMI, III. Ui.decimo. 1699. 'Regulation egut tion of roluntims 103 againfl according to theNatur•e of theirOflence as is by Law directed. And {itch 'l'atchmen "hall walk thcRounds in and about the principal inhabited Paris with- Houfes of ill in filch Town, to prevent any Danger by Fire, and to fee thatood Orders lame to ba � obferved, be kept, taking particular Obfcrvation and 1rifpcc'tion ofallHoufes and Families of evil Fame ; and' fhall flricily obferve the Charge to be given{ them as afore- faidh lith be it fttttjcc clt;ittcb Cap rig £lurljoz.itp arotcfcib, That all Male Perfons liable Perfons in each Town refpe&ively of the Age of Gxteenycars or upwards,being to watch. able of Body,or havingE{tate fufficient to hire,fhall be liable toWatch and Ward either in their own Perfons, or by [bine other fuflicientPerfon orPcrfons in their Room, when duly warned to attend the fame : Except the Members of the Council, Tuflices of rhe Peace, Members of the Afl'embly for the Time being, Exception, the Prcfident, Fellows and Students at the; College, Miniflers,GrammarSchool- Maflers, the Sheriff of each County, the chief Comrnmiflion Officer of each military Company and 'Troop for the Time being, the Officers of' the Gover- nour's Troop of Guards ; and Perfons living two Miles from the Place where the Guard is !kept. �(ttb be it thrifty moth ftp the Clutjotirp afo;cfaib, That if any Perfons liable to Watch or Ward as aforefaid, being duly warned by the Con- Penalty for flable,or othcrPerfon by hiss pj,ointment,fhall refit le or neglect to ?ufflciht ppear, and at- nogiving tend their Dutyin that Regard, either bythcmfelyes,or fotne other Per- dance Ade n fons in their Stead,and be thereof eonvifted before a Juflice of the Peace, either warned. by the Oath of fuch Conflable, or other fitfficient Teflimony upon Oath, with- out a juft and reafonable Excufe to be made and given for the fame :Every Per - fon fo offending, fluff forfeit and pay to the Ufe of the Poor in filch Town,rhe Sum of five Shillings ; and have the faid Sum with theCharges of Profecution levied by Diflrcfs and Sale of his or her Goods or Chattels, or otherwife be committed to Prifon until the fame be paid. And the Conflables of •eachTown are required from Time to Time to obferve and perform the Orders that (hall be given them as aforefaid ; on pain of being fined to thetJfe of the Poor with- in fuch Town, not exceeding forty Shillings, pr'obtbeb nebertf ctcr&, an) fie it fuvtjer eiurteb by rbc.atttb a ftp nf4c- Provifion fax falb, That in any Town where the Members of the Council, and the Juflices keeping a of the Peace within fuch Town, together with the Select -men thereof, or the Watch in a- Sc•leEt-men by themfelves,where no Member of the Council nor juflice dwells Wolper Form � tvlrere it mai fhall judge that a Watch may be kept in fuch Town more for the Benefit be jted and Safety thereof in other Manner than is herein before directed, the In- better. habitants alfo agreeing to fupport the Charge thereof : The,`�ulices in theCourt of General Seflions of the Peace within the County where fuch Town doth lie, upon ? pplication to them made in that Behalf, are hereby irnpowered and au- thorized to dire& and order the Rule fol•"apportioning and levying of fuch Sum upon the Inhabitants and Refidents in fuch Town, as (hall be granted by the 7 own for that Purpofe, in filch Manner as they fhall judge moft equal and reaq Enable, by Poll, Eflate or both, to be applied accordingly. ,t CHAP. VISI. An Ad in Addition to the Au. for Regulating of Town 1.i1£�tt 1pS' eC, t,L ft cua teb by 0I5 cbccifencp tfje eoforIlotr, Carlile{{ AIM l%epre- fentatibe , in Genera! court nOEcmt,ieti, are tip the 2tutjoitp of the fame, That the Freeholders ;end other Inhabitants of each Town duly qualified to vote in Town Affairs, at the Time of their annual Meeting, for the choice of TownOflicers, Thall choofe a thimble Perfon to be Treafurer for fuch Town ; who {hall be fworn before a Janice of the Peace, to the true and faithful Difcharge of his 'Tuft ; who is hereby impowred to admi- ?�i{ler the faid Oath. And filch Treafurer !hall, and hereby is impowred tq 0 1emancj 4.W8r2lIca, 13 Town Trea- furcr to be annually chcfr. fen, i65). 4;thoRegni RegisGULIEL M I, III. Undccimo. 104 hitt, to be to a tteabtnef '. demand *and receive all Debts, Rents and Dues belonging or owing to filch His Power. Town, or the Poor thereof ; and to fire for and recover the fame by due Pro- cess in the Law ; and (hall pay out fuch Monies, according to Order from the Select -Men, or Overfeers of the Poor ; purfuant to filch Inflruflions as they fhall receive from theTown : And every fuchTrcafurer (hall annually make and To Meompt. render a true Account to theTown of all his Receipts and Payments : And (hall have fuch Allowance for his Servihe,as fhall be agreed and ordered by theTown. W &M.ca• 7. Ads and Laws, Paffed by theGrea and General Court orAf emboy of the Province of the Majfachuf tis -Bay in Neal -England, 13c;un and held at .Boflon the thirty-firft Day of May,t 699. And continued by feveral Prorogations until Wednesday the thirteenth of March following, and then Sat. • CHAP. I. An Ad for putting the Militia of this Province into 4 Readinefs for Defence of the fame. HERLIS by the Law of this Province, it is already provided, That in Cafe of Alarms made either from a Sea -Port Town, or other « Town, lying Frontier to, or in Danger of an Enemy ; the Captain or Captains of the adjacentTowns(hall forthwith go or fend filch Relief "t as theyfhall judge meet for the Offence of the Enemy,ancl Defence of' them- ' e felves,&c." _But for as much as theOecafion maybe ficchand fo ficdden,as it Preamble. may be necefj'ary to call together, .Arnz,.Array, and put into a Pa/lure for jar the whole Militia and Forces of one or more Regiments, for tbeVt fence of the Province, and his Majelly's Sub/ells therein, in Cafe of Invafion or near 4pn roach of an Enemy, before the ,Notices thereof .can reach the Captain Gene- ral or Commander in Chief, to have Dirac/ions or.Orders from hien for the fame : • ' 1St ft *table uacteb anb btclareb bp do .eineli.entp tjj' e oot rvnour, Military, lila anb tittj tje £.bbice anti Con[cut of tlje Council anti 3Repcefentatiucn Comaniffiora Officers im- 1n Central Court affeuttrteb, anb bp the 2utllo�stp of tilt fame, That powred, by all Perfons comwifl'ioned by the Captain General or Commander in Chief of this Force of Arms Province, for the Time being,to bear Office in any military Company or Troop within the fame, be, and hereby are impowered and authorized by virtue of fuch Commiflion, when and as Occa(ion fhall require, in'the Cafes and to the Intents and Purpofes abovefaid,:to Arm, Array and Weapon:the Company or Troop ref- peelively under their Command, or Part of them ; and by Force .of Arms, to ,encounter, repel, purfue, kill and deftroy any that thall appear in hoftile Man - ter to attempt or enterprize :the Deftru&ion, Invafio.n, Detriment or Annoyance .of any of his Majefty's Subjects, Forts, Garrifbns, Towns or Plantations within .this Province, And that fuch Officer or Officers fo taking.to Arms, 'hall forth- with difpatch Notice to his or their fiaperiour Officer of his or their Motion and the Occafionthereof, and .observe fuch Commands and Orders' as he or they (hall receive from him. 2nb be it timber enacteti by tlje 2utijolite afo�cfaib, That the Colonel or chief Officer .of each Re • t b d 1 b d dauthorized as to encounter any hoftile Enterprize. Colonel or chief Officer of any Regi- ment, his Power, it 4 grtxlen e, and rere y is inzpowere an , Occafion'hallrequire, in any of the Cafes, and to the Intents before -mentioned £romTime toTime,to affemble in martial Array,and put into warlilrePoflure the whole .Militia of the Regiment under his Command, or fuch Part of them as he, shall think needful, u.pon any Alam, Invafion, or Notice of the Appearance o:f- an Enemy by Sea or Land : And die Reginient,Companies or Troops fo armed, ,grrayed, and put into warlike Puflure, or Part of them, to lead, condual and employ,, • • • I - I r' Anno Regni Regis GU L I E L M I, III. Undeciro. 1699„ Mefertero• 105' employ- ; or to appoint Tome other fit Perfon by writing under hisHand to lead; conduit and employ them as well within the Regiment -and County whereto. they belong; • as into any other adjacent County or Place within this Province, for the ogling,' fuccouring and relieving any of his .Majefty's Subjeas, Forts, Garrifons,. Towns or Places, that 'hall be afl'aulted by an -Enemy, or in Dan- ger thereof ;. and with Path Party, Companies:or Troops,- by Force of :Arms,to encounter,: repel; purfue, kill and deftroy filch Enemy, or any of them, ' by all fitting Ways, Enterprifes and Means whatfoever: '-And. the Colonel or chief ' Officer of fuch Regiment fo taking to Arms, or fending forth anyParty of Men, Tnteo Poll: awa/ (hall forthwith 'Pof t away the Intelligence and Occafion thereof unto the Cap- Intelligence tain General or the'Conamander in Chief for the Time being ; and fhall attend co neva , tain GeneratheCl, &c. and observe fuclr Dire&ions and Orders as he (hall receive from him, And in Cafe it happen the Colonel or chief Officer of any Regiment be out of the The like - Li- mits or Precincts of the Regiment, for which he is or (hall be commifiionaced; Power given at the Time of any Invafion,, Attack or Appearance of an Enemy ; or Alarm to the next given from any of the neighbouringTowns-orRegiments ; • the next Commi{lion pofftcer,i n n Officer then within the Regiment, (hall have, de and exercife the fame Powers Cafe of the , and Authorities herein before granted, until the return of the Colonel, or other Absence "of' fuperiour Officer. And fuch Officer. to aEing fhall Poll away the Intelligence the chief Ofiir- thereof, with the Occafion for the lathe, as aforesaid, unto the Captain General, cer. or the Commander in Chief for the Time being ; and 'hall attend and obferve fuch Directtions and Orders as he 'hall receive, from the Captain General or Commander in Chief therein. : ' and . for the better preventing of falfe Alarms by diforderly 'hooting of Guns in the Night : , , , 115e it Inrtfjcr. !num 'bp the Slutbalitp' afoffaib, That no Perfon or Perfons whatfbever in any Town or Garrifon, 'hall during -the Time of War or of keeping d military Watch in fuch Town or Garrifon, prefume to difcharge ,or fhoot offany Gun orGuns, after theSun's. fetting, or before the Sun's riling ; un- Penalty tit:letsinCafe of f�larm,approach of anEtiemy,or other neceffaryDefence: on painf ciing that everyPerfon fo offending,and being thereof convi&ed before one or more of cons after his Majesty's Jtiftices of the Peace, 'hall forfeit and pay . the Sum of twenty Sun fet, and Shillings for each Gun fo difcharged ; one Moiety thereof to and for. the life before Sun of the Poor of the Town where the Offence (hall be committed, and the other rising, Moiety to him or then that (hall inform or profecute for the fame. And if fuch Offender 'hall not have wherewith to anfwer the faid Fine ; or (hall refute or neglect to pay the fame, then he (hall be fet in the Stocks, not exceeding two Bours Time. And in Cafe any Perron fo offending be belonging to any Garrifon or Forces in actual Service, and borne in his Majefty's Pay, he 'hall be punished at the Difcretion of a Court martial ; or theComrhifiion Officers of theGarrifon, Com- pany, or Troop whereto he belongs, by putting into the Bilboes, laying Neck .and Heels, or riding of the wooden Horfe. r CHAP. II. An Ad again' Deferters. OR the better preventing of Soldiers or Mariners •7eparture from their preamble/ Captains or Conznzanders without ..Leave, or .deferting his Majefiy, s Service : 'fie it enacteb anb : betlateb by iji>�.: Srcetiettc8 'the c ofoet ize; be anb iitj'tfje attire anti cadent. or the Council anti tteptefexttntibt%, iti 'iBe= Penalty for nem =court iaffenabteb, anti bp the citabolitp of the fame, That n6 Soldier cleferting his or Mariner retained in his Majefty's Service, and borne in his Majefly's Pay in l ia�elty's See= Garrifon, or elfewhere, by Sea or Land, (hall depart without Licence of his Commander, and .defert his Maleity's Service ; on pain of being proceeded , a- gainft as a Felon ; and 'hall fuffer the Pains of Death, or forne other grievous Puiii{hinent, at the- Difcretion of the Court before whom the Trial shall be. O a ' Ana I'r G j 'Anne Regni Regis G in I E L M 1, III. Un c'cc i m o. 104. His Power. To Accompt. hetes to be to a geabinefri. demand 'and receive all Debts, Rents and Dues belonging or owing to fuch Town, or the Poor thereof ; and to rue for and recover the fame by due Pro- cefs in the La* ; and !hall pay out inch Monies, according to Order from the Sele&-Men, or Overfeers of the Poor ; purfuant to filch Inflruetions as they fhall receive from theTown : And every fuchTrcafurer [hall annually make and render a true Account to the Town of all his Receipts and Payments : And [hall have fuch Allowance for his Service,as [hall be agreed and ordered by theTown. Ads and Laws, Palled by theGreat and General Court orAffembly of theProvince of the Majchufetfs-Bay in •Nei✓ -England, Begun and held nt Boflon the thirty-firff Day of May, 1699. And continued by fevcral Prorogations until i ednefday the thirteenth of March following, and then Sat. • CHAP. L An Ad for putting the Militia of this Province into q, Readinefs for Defence of the fame. N H,ER1AS by the Law of this Province, it is already provided, That in Cafe of Alarms made either from a Sea -Port Town, or other « Town, lying Frontier to, or in Danger of an Enemy ; the Captain or Captains of the adjacentT.ownsfhall forthwith go or fend fuch Relief " as they shall. judge meet for the Offence of the Enemy,and Defence of them- •' (elves,&c." iiut for as much as the.Oecafaon may be fuch andfo ludden,as it 7nay be necefary to call together, .Arm,Array, and put into a Po/lure for dear the whole .114ilitict and Forces of one or more Regiments, for theDefence of the Province, and his 117ajefly's SubjeSs therein, in Cafe of Invafion or near ,flp- ,proach of an Enemy, before the ,Notices thereof .can reach the Captain Gene- ral or Commander in Chief, to have Direc`lion s' or Orders from him for the Pante : • 115e it tfjetcfw tnactcb anb bctlareb hp bio .c! ;rccJEQnrp the Oobtenottr•, bp anb heti the Zbbice anb Confcot of the Council anti ttcprefctttatiori in Central Court affentbicb, anb bp the Zuthogtp of the faint, That all Perfons comtniflioned by the Captain General or Commander in Chief of this; province, for the Time being,ro .bear Office in any military Company or Troop within the fame, be, and hereby are impowered and authorized by virtue of fuch Commiflion, when and as Occafion (hall require, in -the Cafes and to rhe Intents and Purpofes abovefaid, to Arm, Array and Weapon ;the Company or 'Troop ref= peCtively under their Command, or Part of thein ; and by Force :of Arms, to :encounter, repel, purfue, kill .and deff.roy any that [hall appear in hoflile Man- ner to attempt or enterprize the Deflruction, Invafion, Detriment or Annoyance .of any of his Majefiy's Subjects, Forts, Garrifons, Towns or Plantations within this Province. And that filch Officer or Officers fo taking to Arms, [hall forth- with difpatch Notice to his or their fuperiour Officer of his or their Motion and the Occafion thereof, and obferve fuch Commands and Orders' as he or they (hall receive from hitn.. Slnb be Et fticttj'ty enacteb bp tijt 2ittifoitp afocfaib, That the Colonel or +chief Officer .of each Regiment be, and hereby is impowered and authorized, as Occafion (hall require, in any of the Cafes, and to.the Intents before -mentioned fromTime toTime,to alembic in martial Array,and put into warlikcPofiure the whole Militia _of the Regiment under his Command, or filch Part of them as he, (hall think- needful, upon any Alat m, Invafion, or Notice of the Appearance of an Enemy by Sea or Land : And the Regiment,Companies or Troops fo armed, .arrayed, and put into warlike Pollute, or Part of them, to lead, condo& and employ ,, Preamble. Military Commiihon Officers im- powred, by Force of Arms to encounter any hostile Enterprize. Colonel or chief Officer of any Regi- ment, his dower. r e` •• • • - , I Amo Regni Regis G' U L I E L M I, III. Undecirno. crertemm° 1,699e, 1 0 employ ; or to appoint force other fit Perfon by writing under hisHand to lead,` conduct and employ them as well within the Regiment .and County whereto. they belong; as into any other adjacent County or Place within this Province, for the afli{ting,• fliceouring and relieving any of his -Majefl'y's Subjeets, Forts, Garrifons, Towns or Places, that Shall be affaulted by an Enemy, or in Dan- ger thereof ;. and with fuch Party, Companies or Troops; by Force of .Arms,to encounter,' repel; purfue, kill and deftroy fuch Enemy, or any of them, " by all fitting Ways, Enterpri fes and Means whatfoever: And • the Colonel or chief Officer of filch Regiment fo taking to Arens, or fending forth anyParty of Men, To Poll away [hall forthwith ,Poft away the Intelligence and Occafion thereof unto the Cap- Intelligence rain General or the'Commander in Chief for the Time being ; and fhall attend to thel'aptain General, &c. and obferve filch ,Directions and Orders as he shall receive from him. And in Cafe it happen the Colonel or chief Officer of any Regiment be out of the Li- The like - mits or Precin is of the Regiment, for which he is or fhall be commiflionated; Power given at the Time of any Invafion;' Attack or Appearance of an Enemy ; or -Alarm to the next given from any of the neighbouringTowns,brRegiments ; the next CommifTion t omtnifiion Officer, in Officer then within the Regiment, (hall have; ufe and exercife the fame Powers Cafe of the, and Authorities herein before granted, until the return of the Colonel, or other Abfence "of' fuperiour Officer.. And fuch Officer To acting (hall Poft away the Intelligence the chiefofff4 thereof, with the Occafion for -the fame, as aforefaid, unto the Captain General, ter. or the Commander in Chief for the Time being ; and (hall attend and obferve fuch Directions and Orders as he Shall receive, from the Captain General or Commander in Chief therein. . I And :for the better preventing of falfe Alarms by diforderly 'hooting oJ' Guns in the Night : 115e it Inaba: : enacteb `bp the giuttolftp: at°60fatb, That no Perfon or Perfons w,hatfbever in any Town or Garrifon, (hall during'the Time of War or of keeping a military Watch in fuch Town or Garrifon, prefume to difcharge ,or fhoot offariy pup orGuns, after theSun's fetting, or before the Sun's un- lefs in Cafe of Alarm,approach of anEiiemy,or other necefl'aryDefence : on pain that everyPerfon fo offending,and being thereof convicted before one or more of his Majefly's Jufiices of the Peace, [hall forfeit and pay. the Sum of twenty Shillings for each Gun fo difcharged ; one Moiety thereof to and for, the Ufe of the Poor of the Town where the Offence (hall be committed, and the other Moiety to hien or then that fhall inform or profecute for the fame. And if filch Offender (hall not have wherewith to anfwer the faid Fine ; or fhall refufe or negleel to pay the fame, their he (hall be fet in the Stocks, not exceeding two }lours Time. And in Cafe any Perfon lb offendingbe belonging to any Garrifon or Forces in actual Service, and borne in his Majefty's Pay, he fliall be punifhed at the Difcretion of a Court martial ; or theCommiflion Officers of theGarrifon, Com- pany, or Troop whereto he belongs, by putting into the Bilboes, laying Neck .end Heels, or riding of the wooden Horfe.. Penalty for !hooting of? Guns after Sun Pet, and before Sun riling, CHAP. IL An A& again[ Deferters. OR the better preventing of Soldiers or Mariners •departure from their preamble./ Captains or Conanianders without „Leave, or deferting his 1Vlajefly a • Service : 'i1Be It matte) nub r beufateb lip iji> (rceiiettcp `the cdobetnatst, by anb eft tfjc 2btice anb Content of the tonna anbi .tept;etetttattheo, tri et= Penalty for neral Court iciifetnbieb, anb by the Ztttf' olitp of tlje fame, That no Soldier cleferiing his or Mariner retained in his Majefly's Service, and borne .in his Majefty's Pay in Majesty's ser; Garrifon, or elfewhere, by Sea or Land, shall depart without Licence of his "ice. • Commander, and 'defert this Majefly's Service ; on pain of being proceeded a- gainft as a Felon ; and (hall fuffer the Pains of' Death, or fome other grievous Puni{hinent, at the Difcretion of the Court before whom the Trial fhall be. O a ' And r 1699 'nn® .Regui .Legis G U L I E L M I, III. Undecimo. io6 is3littsing5 in tVe itotun ,of Boston. • How Defer- ters fhall be tried. .l.W,&M.ca. i. And every Juffice of the Peace within his Precinct, is hereby authorized and required to caufe all filch Deferters or Run -away Soldiers or Mariners, which he shall know or be informed of, to be'apprehefded and fecured, in order to a Trial at the next Aflizes to be holden for the fame County where they than be taken ; or at the Court of Oyer and Terminer by Commioners to be fpecial]y appointed and impowred for that Purpofe. CHAP. III. An A& in Addition to the A& for building with Stone or Brick in the Town of Bo, lon, and preventing Fire. O R MUCH as notwithfianding the goal and who fbme Provifon made and efiablifhed by the faid Intituled An A& for building with Stone or Brick in the Town of Bofion, and preventing Fire, pafs'd in the fourth Year of the Reign of his prefent Majefiy, and of the late O,ueen Preamble. MARY, his Royal Confort, of. happy Memory ; divers Perfons the Penalty in the faid Act not regarding, have been fo hardy as to creel and build Houfes, Tenements, and Edifices of Timber,. contrary to the express Prohibition, true Intent and ..Meaning of the faid Law. And for as much as the demolishing of fr'tch Holies and Buildings (being now finished) and proceeding according to the ftretiions of the faid Law, would probably be thought over great Severity : ret that filch bold and open Contempt may not pafs wholly unpunished ; and to thie Intent that others may be deterred front doing the like for the future : ?15e it enaneb by fjf. c �celielttp tfje 0013Ernottt, c�ottncil, anb lheprefelts Penalty on fuch as have built with Timber con- trary to Law. 'r tatibe , in General Court afenbfeb, anb by the ittitfjolitp of the facie, That the Court of General Seflions of the Peace within the County of Sufolk, be and is hereby impowered and required to take ef-feetual Order for the enquir- dconverting before thein, all Perfons that have fo tranfgreffed as ing after an aforefaid, in having prefumed to ere , or that have caufed to be ereaed, and fet up within the Town of .Boflon aforefaid, any House, Edifice or Building of Timber ; or of Brick or Stone, and not covered the fame with Slate or Tyle, contrary to the afore -recited A&, and the true Intent and Meaning thereof; not hiving had and obtained Licence from the Governour and Council, for his or their fo doing : or that have not obferved and performed the Tering or Condi- tions of fuch Licence ; and upon due Convitfion of any fuch Offence, to fine every fuch Perfon and Perfons, at the Difcretion of the faid Court, according to the Circumffances aggravating the Offence, with Refl)c& to the Place where filch House or Building is ere&ed, or otherwife ; not exceeding the Sum of Fifty Pounds, for one Offence, which Shall excufe them from any further Pe- nalty of the Law. All filch Fines to be applied towards the railing of a Stock Fines how to for Petting of the Poor on Work within the faid Town, at the Work-Houfe, for be applied. that Purpofe appointed or to be appointed. Grand Jury 'And the Grand Jury for the faid County from Time to Time, are required to inquire and diligently to inquire after, and to prefent unto the Court all Tranfgreflions of the prefent fuch Law in that Kind, which fhall come to their Knowledge. Tranfgrefii- And in .as much as it may be of no apparentHazard unto the laid Town,and ons.•for the, afe and Benefit of divers Inhabitants andProprietors within the fame; that in fomeParts. of the faid Town of Bolton, Timber Buildingsshould be per mitted and allowed to be erected : 115e it militia bp the 2utl: olitp afolefaib, That the Juftices of Peace, and the Sele&-Men of the faid Town of 13oflon, or the major Rut of each, certify- ing their Approbation thereof, the Governour and Council may grant Licence for the fetting up of Timber Houfes and Buildings ; with and under inch Con- ditions,Limitations and Reffrielions for the enclofing and covering thereof as they they 'hall think fit : Any Law, Ilfage or Cuftom to the contrary in any wife notwithltanding. Governour ind Council may grant :4icence to wild with flmber, t. ACTS • r Anno.Regni.Regis G U L I E L M I, III. Duodecimo; 3'Je[tht5 anb joptfb 1 rteULe 1{07 ds and Laws; Paffed by the Great and General Court, or Afrembly of His Majefty's Province of the Mafachuf tts-Bay in New -England : !Begun and held at Bofi'on,onWednefday the twenty-ninthDay oflt'Tay, 1700. Maya I700. 1 1• CHAP. IV. An Ad against Jefutts and Popit Prieils. PlirHEREAS divers 7efitits, •Priefls and popi/h Mi�onaries have of Preamble, late come, and for force T ime have had their Residence in the remote Parts of this ,Province, and other His Plaje/ly's Territories near adjacent ; who by their ftibtle In f nuations, indr.e/lriou/ly labour to debauch, !educe and withdraw the Indians from their due Obedience unto His Ma je, fly ;, and to excite and flir them up to Sedition, Rebellion and open Hoflility again ft His 11/fajefiy's Government : , •For Prevention whereof : Ise it enaitcb by filo Q3ytelfentp the 4$otctttout, Couloir anb liteprefenz mato in General Court affembieb, anb it io niatteb bp the atttfjui:itp of the fame, That all and every Jefuit, feminary Prieff, Miffionary, or other fpiritual or ecclefiaffical Perfon made or ordained by any Authority, Power of Jurifdiaion derived, challenged ni. -w n ended. f rQln. ".tlte Pope or See of Rome, , now residing within this Province, or any Part thereof fhall depart from and out of the fame, at or before the tenth Day of September next, in this ?resent Year, One Thoufand and Leven, Hundreds , Jefuits,Priefts, &c. to drpart the Province by the tenth of September, inti be it further ctmcteb .tip tbe, 4utlj' olttp afogfai , That all and every Penalty ora Jefuir, feminary Prieff, Mi(lionary, or other fpiritual or ecclefiaff�cal Person, lefuit: or rm made or ordained by any Authority, Power or jurifdi&ion," derived, challenged- Prie(ts. &c. c or pretended from the Pope or See of Rome ; or that (hall . profefs himfelf, or mala hall e e otherwife appear to be fuch by pra&ifing and teaching of others to fay any Po-. intq this Pro. pith Prayers, by celebrating Mares, granting of Abfolutions, or ufing any 'other vincei after, of the Romifh Ceremonies and Rites of Worfhip, by or of what Name, Title the loth of or Degree foever filch Perfon fhall be called or known ; who fhall continue, 170Q. abide, remain, or come into this Province, or any Part thereof, after the tenth 7 Day of September aforefaid ; Shall be deemed and accounted an Incendiary, and Diffurber of the publick Peace and Safety, and an Enemy to the true Chriffian Religion, and thall be adjudged to fuller perpetual Impri fonment : And if any Perfbn being fo sentenced and actually imprifoned, Shall break Prifon aid lake his Efcape, and be afterwards re- taken, he shall be punished with Death. 2nb further it io mathThat everyPerfon who Shall wittingly and willing- Penalty for 1y, receive, relieve, harbour, conceal, aid or fuccour, any Jefuit, Prieft, Miffi- receiving or ovary, or other -ecclefiaflical Perfon of the Romifh Clergy, knowing him to be .harbouring inch, (hall be fined two Hundred Pounds ; one Moiety thereof to be unto Hi& an elf efuit or lvlajeffy, for and towards the Support of the Government of this Province, and the other Moiety to the Informer ; and fuch Person Shall be further punished by being fet, in the Pillory on three feveral Days, and alfo be bound to the good Behaviour, at the Difcretion of the Court. ,anb be ft alio cnaeb, That every Offence to be committed or done againff. HowOfl'encoa the Tenor of this ACI, 'hall and may be inquired of, heard and deter -Mined in. against this the Court of-Aflize and General Goal Delivery, or before Commifhoners of ai"quApt, Sh�teall of bie Oyer ankTerminer and Goal Delivery, fpecially to be appointed to fit either - within the County where the Offence is committed, or where the Offender is ed. apprehended or taken ;, or in any other County within the Province : Any Law, Vfage or Cuftoni to the contrary notwithstanding, 1700: zo8 Justices of the Peace to apprehend Perfons fuf- peded to be Jefuits or Pricits, Any Perfon without a Warrant may apprehend any Jefuitor Priest. Reward. Savinz for any of the Romith Cler- gy that (hall be Ship- wreck'd, &c, Prifon Keep- ers to return a Lift of their Prifoners. Prifon Breach or Flight to be accounted one Evidence. Penalty on Perfons that (hall convey any Inftru- n ent or Tool intothePrifon, AIM Rep) Regis GU L I L L M LIE Duodecimo. prifonz. Shctb further• be it cnaiteb lip tie £.utljoitp afolefaib, That it .dull and may be lawful to and for every Juftice of the Peace, to caufe any Perfon or Per- fons fufpeeled of being a Jefuit, feminary Prieft, or of the Romidr Clergy, to be apprehended and convented before himfelf, or fome other of His Majefty's' Jufti- ces. , And if fuch Perfon do not give a fatisfaEtory Account of himfelf, he 'hall be committed to Prifon, in order to a Trial. ,Alfo it f17a11 and may be lawful to and for any Perfon or Perfons to apprehend without a Warrant, any Jefiuit, feminary Prieft, or other of the Rornifh Clergy as aforefaid, and. to convent hith before the Governour, or any two of the Coun- cil, to be examined and imprifoned, in order to a Trial; unlefs he give a fatis- faEtory Account of himfelf;' .And as it will.be efteemed. and accepted as a good Service done for the King, by the Perfon who [hall feize and apprehend any Jefiiit, Prieft, Miflionary, or 8omifh Ecclefiaftic as aforefaid ; fo the Governoirr with the Advice and Conklin of the Council, may fttitab'ly reward him as they IS think fit. Provided, ,This Agit 1611 not extend or 1e conftrued to extend unto, any of the Romilh Clergy which fhall happen to be Shipwreck'd ; or through other Adverflty snail be call on Shoar, or driven into this Province ; fo as he continue or abide no longer within the fame than until he may have Opportunity of Pafrage for his Departure ; fo alto 'as fuch Perfon immediately upon his arrival than. forthwith attend the Governour, if near to the Place of his Refidence, or other - wife on one or more of the Council, or next Juflices of the Peace, and acquaint them with his Circumstances, and obferve the Directions which they fhall give shin, during his fray in the Province. CHAP. V. An Act for the Regulating of Prifoners, and to prevent Efcapes. Qtr ft ettrt&eb bpi b l# c!!`'9cellelhcp the C5oUentotir, Council anbEepfit_ felltatibS, itt dbeneral Court affetaieb,alll ft t# enattcb bp tot an: troiitp of tlj' e fiat, That every Goaler orKeeper of the King's Prifons within the feveral Counties in thisProvince,at the opening of theCourt of Aflize and General, Goal Delivery, Court of Oyer and Terminer ; and Court of Ge- neral Sefiions of the Peace, refl)e&tively to be holden within filch County from Tinie to Time, (hall return a Lift and certify unto fuch Court the Names of all Prifoners then in his Cuflody, with the Caufe of their Commitment : And alfo the Names of all other Prifoners that 'hall be committed unto him during the fitting of :any filch Court ; whereby theJuflices of the faid Courts refpe6t- ively may take Cognizance thereof : and as well for the King as for the Parties, may proceed to make Deliverance of fuch Prifoners according to Law, for the Crimes proper •to the JurifdiEton of filch Court ; on Pain that every Goaler or Prifon-Keeper for each Default by him made in that RefpeCt, (hall forfeit fuch 'Sum as (hall be fet upon him by the Juftices of the Court, not exceeding tett Pounds, ilBe it fmttb er eltatieb bp the Zutho ftp afolefafb, That whofoever break eth Prifon, or fhall make his efcape from an Officer, after his being arrefted or imprifoned for any Crime, his Breach of Prifon or Flight, fhall be accounted and efteemed in the Law one Evidence to convict him of the Crime wherewith he ,ftands charged In the Warrant for his Apprehenfion or Commitment. And if any Perfon wtiatfoeyer, fhall directly 'or inEtireEtly by any Ways et Means howfoever convey ariy Inftrument, Tool or other Thing whatfoever, to any Prifoner, or. into the Prifon, whereby fuch Prifoner or ,any other Prifonet .either may or might break Prifon, or Work him or her felt unlawfully out of the fame ; every Perfon fo offending, and being thereof conviEted, (hall forfeit and pay filch Fine, as'by‘the Difcretion of the Court shall be irnpofed and fet upon fuch nr IF r v . i 'litvaJ S AiinoReniReg; s GULIELMI, III. Duodecimo. 1700. piton. fuch Offender, according to the Nature of the Caufe of the Prifoners Commit- ment, not exceeding Twenty Poundi ; or fiuffer corporal Punifhment by whip- ping not exceeding twentyStripes. And if it happen any t'rifoner or Prifoners do make his or their Efcape by FurtherPienal- Means of any Inflrument, Tool or other Thing conveyed as aforefaid, thePer_ +Y in cafe any fon or Pcrfous conveying the fame, [hall be fined, not exceeding fYveHundred Yrifoner by Means of fuch Pounds ; or be corporally punifhed by Whipping, not exceeding thirty Huse Intirument&c. Stripes, and find Sureties for the good Behaviour, during the fpace of one Year,,do, efcape, at the Difcretion of the Court, according to the Nature of the Crime or Crimes wherewith the Prifoner or Prifoners flood charged in their Wtittimus's, or War- rants of Commitment, and other Cireumfiances aggravating the Offence. And if any Prifoner or Prifoncrs fo cleaning, fhall Rand conviEt of any capital Crime, the Perfon or Perfons afling or furthering their Efcape as aforefaid, over and above their being fined or corporally punifhed as before is dire&cd, and bound. to the J4chaviour ; fhall alto be fligmatized or burned in the Forehead or on the Cheek, with a floc Iron of the Figure of the Letter B. OHO fuetbcr it [0 cnartcb bip the srliljocttu aforcftltt�, That if the Prifoner Efcape of Pri, or Prifoners fo cleaping were imprifoned for Debt, the Perfon or Perfons aflift- toners for ing and furthering their Efcape as aforefaid, [hall be liable to pay the full Debt Debt• owing to the Creditor or Creditors, at whofeSuit fuch Prifoner or Prifoners flood committed ; to be recovered by A6tion or Actions, upon the Cafe therefore to be brought againft the Perron or Perfons, fo offending as aforefaid, who (hall alfo be fined or corporally punifhed as aforefaid, at the Difcretion of the Court, not exceeding the Fine or Punifhment befoyerm.entioned, voluntarily fuller any Prifoner or Prifoners committed to his Cuflody to efcape 2nb be it furtfjec enatteb, That every Goaler or Prifon-Keeper that [hall Pendry on the Goaler Eos upon the Copvicttion thereof, 'hall undergo and fiifer the like Pains and[ enalties a voluntary Efcape. as the Prifoner or Prifoners fo efcaping fhould by Lavy for the Crime or Crimes r r w. ca. 7: wherewith be or they flood charged by the 'Warrant or Warrants of Commit- ment, if the Prifon.er or Prifoners had thereof been convict, Provided, That if any Perfon affifling and furthering the efcape of any Pri- Provifo, Toner in Manner as aforefaid, or if the Keeper of the Prifon that (hall volun- tarily fuffcr to efcape as aforefaid, 'ball by any Ways or Means recover any Prifoner or Prifoners fo efcaping, and return them back to Prifon again before Profecution had, and judgment entred up againft fuch Perfon or Prifon-Keeper for fuch Deane, (which !hall not be until fix Months pall next after the .Efcape) in fuch Cafe the Perfon or Prifon•Keeper fo offending 'hall be liable to 110 further Punifhment than to pay fuch Fine as the .Court that shall have Cognizance thereof, in .their Difcretion (hall think fit to fer upon him, accord- ing as the Offence may he aggravated by the Cireumflances attending the fame, and the Degree of the Crime wherewith the Prifoner Elands charged. For a negix. And in Cafe the Efcape of any Prifoner happen through the Negligence of the gent Efcaps. Goaler or Prifon-Keeper, he (hall pay fuch Fine as the Juflices of the Court in their Difcretion before whorls the Profecution (hall be, than iinpofe and fet upon him according to the Nature or Degree of the Offence, for which the Prifoner cleaping was taken and imprifoned. ' And if the Prifoner fo efcaping were irn, prifoned for Debt, the Prifon-Keeper thall be anfwerable co the Creditor for the full Debt, and he 'hall have his Remedy againft the Prisoner. Fives andFpr- All Fines and Forfeitures arifing by Virtue of this Aft, than be applied to feiturps how and for the repairing, maintaining and upholding of the Prifon within the co be arplie4 County where the Offence (hall be committed ; and be paid in to the County `I'reafi•er to be employed accordingly, and not otherwife. Efcape of Debtors thro' 210 be it fuvtter niafteb tip tlje autimitr ago2£faftt, That where Defeaofthe the efcape of any Prifoner or Prifoners for Debt !Ball happen through theDe- Prifons to be fe61 or Infufliciency of anyPrifon, from and after the twenty fifth Day of J (arch ant+vexed by text, in the Year one Thou rand feven Hundred and one, the County [hall male the County, good filch Debt as the Prifoners fo cicaping did juflly owe unto the Creditor or :Creditors, at whole Suit he was imprifoned, and the County fhall have their 2 emedy ag ain't the Prifoner. ilii+ 1700. Anne Regni Regis G U L t E L M I, IIT. Duodecimo. I I 0 Prifons to be erected in each Shire or CountyTown. Coroners to take Inquefts on dead Bo- dies. ...u..w....Yue_.C' 1* 1Saul....,. eY7=— '•r aria sat .••••40.C....ua..n.... ' "Ia.97.N MAUI- { no futrljcC it io ctt'efteti, That there be fulll:cient Prifons forthwith pro- vided within the feveral Counties, and f'roin Time to Time kept fo. And that the faid Prifons be ere&ed and maintained in the Shire, or County Town of each County re[peEtivey, and in filch other Towns as the Court of General Seffions fhall lee needful. And the Court of General Sefliions of the Peace holden in the feveral Counties, are to give of%&ual Order thereabout : Any Law, Cullom or Ufage to the contrary notwithflanding. CHAP. VL An A relating unto the Office and Duty of a Coroner. it citaw by bio !xceilcnce tb e 3obernoltr, Council affil tiel:l-•`: feittativco itt cencrat Court affemblcb, anti tip tlje attrljaiitp of tj e fame, That every Coroner within the County for which he is ap- pointed, fhall be, and hereby is impowercd to take Inqucfls of Felonies, and o- ther violent and cafual Deaths committed, or hapning within his Precinct. And before he undertake the Execution of his faid Office, Thal l take the followingOath To be Sworn. for his due and faithful Performance thereof, before the Governour, Lieutenant Governour, or any two or more of the Council ; or fuch other Perfon or Per - forts as (hall be thereto appointed by thc Governour That is to fay : Coroners y OU Swear, That well and truly you flail ferve Our Sovereign Lord the Oath. King in the O Tice of a Coroner, and as One of His Majefly's Coroners of the County of S. And therein you fhall truly and diligently do and acco;npli/h all and every Thing and Things' appertaining to your Office, after the befl of your Cunning,✓Vit and Pozver, for the Profit andGood of the Inhabitants with- in the Paid the County ; taking fuchFees as you ought to take by Law, and not otherwise. So help you God. n19 be It fattier tna!fet lip tlje I.tttljipitp afo�cfath That when and fo Coronerku to Poon as anyCoroner !hall be certified of the dead Body of any Perfon fhppofed make out Warrants for to have come to a violent and untimely Dcath,f:ound or lying within his County Jurors. or Precin& ; he (hall make out his Warrant directed unto the Conftables of the. fame Town where fuch dead Body lies, 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 fameTown, or fuch Number as !hall befufflcient, with thofe fent for from the neighbouring Towns to make up eighteen in all, to appear be- fore him at the Time and Place in the Paid Warrant exprefs'd, which Warrant fhall be made in this Form, viz, ,�tfolk iT. To the Conflables of B. or to any or either of them. Greeting. Form of the Warrant. r 1 Hee are in His Majef y's Name to require you immediately upon the Re- cesipt and Sight hereof, • to fummon and warn good and lazi ficl Men of the Paid Town, to be and appear before ?Ire, one of the Coroners of the Paid County of S. at Houle or Place within the faid Town of B. betwixt the Hours of and of the Clock in the noon of this prefent Day of then and there to inquire upon the View of the .Body of a certainPerfon there lying dead,how and in what Manner he came to his Death : Fail not herein at your Peril, as you will as f ver the contrary. Given under my Hand and Seal at B. the Day of In the rear of Our Lord And in the Tear of His Majefly's Reign, By ane W. G. one of the Coroners of the County abovefaicl. And every Conflable unto whom any fuch Warrant (hall come, !hall forth- Conilables to with.execute the fame, and repair unto thc Place at the Time therein mention, execute the ed, and make Return of the Warrant, with his Doings W therein, unto the Coroner Warrant; that granted the fame. "x—..;4"4116-acxur...n.,;.....e.N^"-':`¢?Y.TAnXA�I+tiP'YN+tvuvnwl+;e.Y: a Ana Pismo I� L M T 1'I Duodecimo. 1700. ��1lilji J\c�1i! �ir �� s �� Vf1, � Y 4 y— — -- — — nd every Conflablc failing of performing his Duty by fuch Warrant required of him, or returning the fame as aforefaid, Iha11 forfeit the Sum of forty Shit - Al fb hil- Alfa every Per; >n fummoned and warned to be a juror, failing to appear ac- corditwlyAil al fo forfeit the `rum of fort»Shillin;s ; without a rcafonablc Ex- cuse for the fame be made unto, and allowed of by the Coroner. The aforefaid leveral Fines or Forfeitures to be to and for the def-reying of the Charges arifing a nd hapning within tine fame County ; and towards 'the defreying the nccefl'ary Charges of the Coroner and jurors : To be recovered by A tion, Bill, Plaint or Fines how to Information. therefore to be brought by the: Coroner in any of his Majcily'sCourts be applied, of Record, And the Coroner [hall falear fourteen, or more of the jurors that appear ; and give the Foreman (to be by him appointed) his Oath upon View or the Body, in this Form. That is to fay : OC !hall diligently inquire, and true Prefentnlent make. on the Bella/!of Jurors oath. our Sovereign Lord the King ; how and in what Manner A. B. here ly- ing dead, came to his Death : .And you (hall deliver up to me his - .Iajefly's Coroner, a true Verdi! thereof, according to fuel) _Evidence as /hall be givers to you, and according to your Knowledge. So help you God. And their fhall (wear the ref[ of the Jurors, by three or four at once in this Form, viz. LL!tech Oath as L. M. the Foreman of this Inque/l for his Part hath taken, you and every one of you, /dull well and truly of f rve and keep on your Parts. So help you God. The Jury being fworn, the Coroner [hall give them a Charge upon their Coroners Caths,to declare of t11eDeath of thePerfon ; Whether he died of Felony, or by charge to the hlia:ince and Accident ? And if of Felony, Whether of his own or of another's ? Jurors. And if by lblifchance or Misfortune, Whether by the A& of God, or of Man ? And if he died of another's Felony, Who were Principals, and who Accefraries ? Who threatned him of his life or Members ? With what Inflrument he was firuck or wounded ? And fo of all prevailing Ciucumflances that can come by ?refumption. And if by Mischance or Accident, by thc A& of God or Man, whether by hart, fall, flfiolce, drowning; or other -wife ; to inquire of the Persons that were prefent, the Finders of the Body, his Relations or Neighbours ; 'Whether he was kill'd in the fame Place, or elfewere ? And if elfewhere, By vrhorn, and how he was thence brought ? And of all other Citcumflances-. And if he died of his own Felony, then to inquire of the Manner, Means cr Inftrumcnt ; and Circum fiances concurring. After the jury being charged, they muff [land together, tion lie made for any that can give Evidence to draw near, heard. Penalty for Default. Penalty for tutors De. fault. and let Proclama- and they shall be Proclamation be mad O And every Coroner is hereby further impowred, to fend out his Warrant for Witnefres ; commanding them to come to be examined befdre him, and to declare their Knowledge concerning the Matter in , ueflion : And to adminifler an Oath 'unto the Witneffes in this Fcrm. That h to fay : LL filch Evidence as you /hall g-ive to this Inquefi, concerning theVeath Witneffes cf A. B. here lying dead, f.)all be theT'ruth,tbe whole Truth,and nothing oath. but the 'Truth. So help you God. The Examination of fuch Witneffes to be taken in writingunder their Hands. ft nd if they relate to the Trial of any Perfon concerning the Death of the Party found dead, then !hall the Coroner bind over fuch Witneffes by Recognizance, in a reafonable Sum ; not lets than Twenty Pou'ids a Piece, perfonally to appear at the next Afflzes, or Court of Oyer and Terminer and Goal Delivery, to be holden within the fame County ; then and there to teflify their Knowleg,e con- cernino the Death of the Paid B. Warrant to be fent our for Witnefies. 0 P And Witnefies to be bound over, 1700, 112 Inquifition. 11 I Anno R ilii .Regis G1J L I E L, [VTI 111. fluoduel mo. 14 And the Jury having viewed the Body, heard the Evidence, and made what Inquiry they can into the Manner and Cattle' s of the Death of the Perfon, they fhali draw up and deliver unto the Coroner their `erd)E thereupon in writing, under their Seals in Man! cr following ; which ilia11 pais by Indenture inter=.. changeably, betwixt the Coroner and the jury. 'That is to fay : Stfolk ff t N Inquifition Indented, taken at L'. 1virhin the faid ounty oFS. the Day of in the Ycar of the Reign of Our Sovereign Lord by the Grace of God, of England, Scotland, France and Ireland, King, Dieirdcr of the Faith, c -'r.. before 7:E. . Gent. one of the Coroners of Our fair] Lord the King, within the County of S. aforefaid ; upon view of the Body of A. B. of B. afiretaid then and there being dead, by the Oaths of I. TV. R.117. 11..P. T. 4 S. B. I. K. L S. E. H. R. G. P. D. C. M. S. O. G. 13. and N. S. good and lawful Melt of B. aforefaid within the County aforeftid ; who being charged and fworn to inquire for Our faid Lord the King, when, and by what Means, and how the faid ..4.13. came to his Death. Upon their Oaths do fay, &c. Then infcrt, How, Where, at what Time, by what Means, With what Infirutnent, and in what Manner, the Party was kill'd, or come by his Death. And if it appear the Pefon to have been kil!'d and naurthered by another that is known, the Inquifition muff, be concluded after this Manner, viz. And fo the Jurors aforefaid, upon their Oaths aforefaid, fay, That rhe afore- faid R. S. in Manner and Form aforefaid, the aforcfaid A. B. dice and there felonioufly did Kill and Murder againft the Peace of Our Sovereign Lord the King, his Crown and Dignity. If it appear to be Self- Mercier, the Ingteifition 7laufl conclude after this Manner, viz. And fo the Jurors aforefaid fay upon their Oaths, That the raid A. B. in Manner and Form aforefaid, then and there voluntarily and felonioufly, as a Felon of himfelf, did Kill and Murder himfclf, againft the Peace of Our So- vereign Lord the King, his Crown and Dignity. If it appear the Perfon to be (lain by Misfortune, the Inqu fition 71a11 con- clude after this Manner, viz. And fo the Jurors aforefaid fay upon their Oaths, That the aforefaid .A. R. in Manner and Form aforefaid, was killed, or came to his Death by Misfortune, If by the Hands or Means of any other Perfon ; thus, viz. The aforefaid R. F. the aforefaid A. B. by Misfortune and contrary to his Will, in Manner and Form aforefaid, did kill and flay. In Wieners whereof, as well I the Coroner aforefaid, as the Jurors aforefaid, to this Inguifition have interchangeably put our Hands and Seals, the Day and Year abovefhid. And the Coroner (hall make Return of all fuch Inquifitions taken before hien unto the Juftices of Affize, Oyer and Terminer and Goal Delivery. Alfo upon anyVirdi& found of the Death of a Perfon by the Felony or Mis- fortune of another, fhall fpedily inform one or more of the next Juflices of the Peace thereof ; to the Intent, that fuch Perfon killing, or being any ways Inflru= mental to the Death of another, may be apprehended, examined and fecured in order to a Trial. Fos. 21ib fie it fticr.ijer mita bp tlje autlj'oiitp nfogcfa(b, That over and above the Fee already allowed by Law, the Coroner (hall be allowed the Sum often 4W.&Mca, t S Shillings per Dien for hisTravel and Expenses, upon every Inquifition by him taken; and everyJuror attending the faid Service,fhall be allowed tzvoShillings perDiem ; whichAllowances (hall be paid out of the Hate of the dead Perfon,or by theParent orlvlafler where anyApprentice or Child,under. Age fhall happen to be kill'd : And in want thereof to be paid by the County Treafurer out of the Treafury of fuch County ; upon Reprefentation thereof made by the Coroner to the Quarter Seflions, And LVj,*yL. Ib. t. ;n li1,C l.t6,,, t�e5 C; L 1'I 1, 111. Duodecimo, P Ut u u s w". a. r 1. Anti every Coroner within the Coumy for which he is appointed, (hall be, and hereby is impowred to feryc and execute all Writs and Pt-ix:dies ciircc`Ied unto him againft the Sheriff Marfliai of the fhCountyr '�' me : And w return Jurors de 7-C Circumflantibur, where Need flail be, to fill up the July or juries, in all Caufes wherein the Sh:ri(i'or Mar hal is concerned ; or related to either of the Parties in any C:rule : And (hall have the like Fee for ferving of Writs in civil Ca tiles, as is allowed by Law unto the Sheriff I700. Coroners to ferve Writs, &c. rttri. ca. 2. 3 G. ca 7. ,zG ca. 4. to 02. ca 9. t 3 G. z. ca.z. C .I:I rl P An Ac''± providing for Pordiumus C'IHMren. FORASMUCH as it often happens, that Children are net born till after P'eamb(c. the !Death <,I'their �- . Fathers ; and alto have no .Prov f on macre, jtor thein in their ?✓"ills : neve ittherefore man be s:' 0:crl(eltcy ti cl oOOrrllottt•,Co[Inca alibi:tept•t: fcI;rarrft c ,ii1(5e'iitrflccurc aticttibtcb 'iib It r ��• � rCAItr�j©?Iry of the fame. That as often as- any Child fhail happen to be born after the Death of the Father, without having any Provifloll Tilade in his Will, every fuch Poflhumus Child shall have Right and Intereft in the Hate of his or her Father, in life Manner as if he had died lnteftate ; and the fame (hall accordingly be afl"igned and fel out as the Law direas for the Difli•ibution of the Eflates of Inteflates. And whereas ihrou , b the .A;aguif of' the deceafed Yeflator ; or through his follicle totes Intention though In Health ; or through the Overfight of the Scribe, ionic of the 2'cflat: r's Children are omitted, and not mentioned in the IT%ill ; many Children a fo being born after the staking of the Dill, Hough in the Life. time of their Parents : ~r it t�ict_fu,c TT 'r cuacteb by the gitttjozitp aforcfafb, That any Child or Children, not having a Legacy given them in the Will of their Father or Mo- ther ; every fuch.Child (hall have a Proportion of the Eflate of their Parents given and fet out unto them as theLaw dire&s for the Difiribution of the Eflates t of Inteflates. Pic led, Such Child or Children have not had an equal Proportion of hi Effatc bellowed on them by the Father in his Life time. And whereas it/ometimes happens, that a Man having formerly made hi Tr ,11, teeth afterwards marry a 157i e, and then dies; and the Will comes b be proved, to the Injury of itch Wife In all fuch Cafes the Widow (hall h:Proportion .Irate .ifii`�,ncd her, as if'hc had died In cf'trtcl; , of her late Husband's (�tition � fthe Eflates ofIntcflates :'At, , du•e�s for the Diflti_ Any Law,Ufage or Cullom to the contrary P/7.tvi;l c1, 'Inbar nothing in thisLaw fiall extend to any Eflate dif ofed of b E�'i11, :rife:tc'y ;Called. P y Poilhumus Children to have a Pro- portion, &c. See Refolve at the End of this AO. And fuch as have no Le-. gacy given hem. s s Widows not to be prejudi- ced, by Wills made before Marriage, [.<? aGreat and Genc;'al C;urt begu v and held at Boflon on the 2 8t r Da rte i_,lay L ; t 8. AJUef ion being moved upon thefecotdSesiola orPara ra h in /e.f4(i providing for Pori humusLh1Idren,andfuchas have noLeacygiven orParagraph TI'i11; made in the Twelfth Tear of �illl� �`ri L AM) viz [tWhether litid .417 cloth as well extend to the Grand -Children, in Cafe of t e Deathtloe the gather or Mother, as to the Child hili f f if living ? ] f I Re/olved in the Affirmative, and that the Law is fo to be under flood and p nfliced : Any Wage or Cif um to the contrary notwit/.flandiny. 1 CHAPJr r. 1700. Antro Reign; .Rcpis Gil L I E L 112 eO 3zer a• And the Jury having viewed the Body, licard the Evidence, and made what Inquiry they can into the Manner and Unties of the Death of the Perron, they halt draw up and deliver unto the Coroner their Vcrdiel thereupon in writing, under their Seals in Manner following ; which fhall pafs" by Indenture inter.. changeably, betwixt the Coroner and the Jury. '[hat 1s to fay : Suffolk f: a N Inquifition Indented, taken at B. within the fail County of S. the Day of in the Year of the Reign of Our Sovereign Lord by the Grace of God, of England, Scotland, France and Irelpnd, King, Vfender of the Faith, &c. beforer: Gent. one of the Coroners of Our fail Lord the King, within theinof Sr. aforefaid ; upon view of the Body of .4, 13, of .B. afarefaid then and there being dead, by the Oaths of 1. W. R. IG: H. P. 1T .4, S.13. I. Ii, L Sx E. H. R. G. P. D. C. 111. S. 0. G. B. and N. S. good and lawful Meil of B. aforefaid within the County aforefaid ; who being ch: rged and fworn to inquire for Our Paid Lord the King, when, and by what Means, and how the faid B. came to his Death. Upon their Oaths do fay, &c. Then infert, I-Iow, Where, at what -rime, by what Means, with what Inftrumcnt, and in what Manner, the Parti was kill'd, or come by his Death. And if it appear the Peri -on to have been kill'd and murthered by another that is knowni the .Inquifition tnufl be concluded after this Manner, viz. And fo the Jurors aforefaid, upon their Oaths aforefaid, fay, That the afore- faid R. S. in Manner and Form aforefaid, the aforefaid .4. B. he and there felonioufly did Kill and Murder againft the Peace of Our Sovereign Lord the King, his Crown and Dignity. If it appear to be Self- Murder, the Inquifition .Manner, viz, And fo the Jurors aforefaid fay upon their Oaths, That the faid .f1, B. in Manner and Form aforefaid, then and there voluntarily and feloniously, as a Felon of himfelf, did Kill and Murder himfelf, again(' the Peace of Our So- vereign Lord the King, his Crown and Dignity. 1 If it appear the Perfon to be flain by Misfortune, the Inquifition ni con - dude after this Manner, viz. And fo the Jurors aforefaid fay upon their Oaths, That the aforefaid A. P. in Manner and Form aforefaid, was killed, or came to his Death by Misfortune. If by the Hands or Means of any other Perfon ; thus, viz. The aforefaid R. F. the aforefaid 4. 13. by Misfortune and contrary to his Will, in Manner and Form aforefaid, did kill and flay, In Witnefs whereof, as well I the Coroner aforefaid, as the Jurors aforefaid, to this Inquifition have interchangeably put our Hands and Seals, the Day and Year abovefaid. And the Coroner (hall make Return of all (itch Inquisitions taken before him unto the Juftices of Assize, Oyer and Terminer and Coal Delivery. Alfo upon anyVirdi61 found of the Death of a Perfon by rhe Felony or Mis- fortune of another, fhall fpedily inform one or more of the next Juflices of the Peace thereof ; to the Intent, that fuch Person killing, or being any ways Inftru- rnental to the Death of another, may be apprehended, examined and secured in order to a Trial. 2ttb lac it limber matte° bp try atttf olitp ngcgefthb, That over and above the Fee already allowed by Law, the Coroner fhall be allowed the Sum often 8 Shillings per Diem for hisTravel and Expellees, upon every Inquifition by him taken; and everyJuror attending the faid Service,fhall be allowed twoShillings perDieni ; whichAllowances shall be paid out of the Elate of the dead Perfon,or by theParent orMafter where anyApprentice or Child,under. Age (hall happen to be kill'd : And in want thereof to be paid by the County Treafurer out of the Treafury of fuch County ; upon Reprefentation thereof made by the Coroner to the Quarter Seflionc, lnquifrtion, Fens, 4W &M,ca, I II,IIll(I1It GlI)111111111111111 I'11 n 4 nln, Duodecimo. tuft conclude after this And WYI I,I14iu°Bho,lf 1 1 1 1!' `;;; G U f, I P; I.., FvI 1, 111. Duoc;ccimo. x 13 11/5 :. ", 9, i c And every Coroner within the County for which he is appointed, (hall be, and hereby is impotiti•red to fivc aid execute all Writs and Proceffes dirc&ed unto him against the Shcrillor Pylarfloa1 of the fame County : And to return ,furors de T1/ibus Circunrf1antibus, whcrc Need shall be, to fill up the Jury or Juries, in all Caufes wherein the aherifl'or Marlin(' is concerned ; or related to either of the Parties in an '� 'n : And fhall have t civil Causes, as is allowed by Law unto the Sherilf.. ICO: 113 ( oro ner s to fcrvc Writs, &c. i�II; ca. 2. 3 G. ca 7. z G ca..}.. ioG2.cas• y Golfe' like IT for serving of Writs in 13 G.2. ca.z. C P VII. An Aa providing for Pofi.lumus Ch ikl ell, 1ORYISMZTCH.as it often happens, that Children are not Prearnble. ri f � t born till after the `Goth rf their Fathers; and also have no ,P1071 1911 macre for them in their I' ills : '113c it tljecefoueenartcb h?! J.f:50;tellencp ti cGobcciiorw,Counc(I anbllzeprc: fctiratiort jncj cncl'ajc oust affciublet,i Illi tiie.i titIjoiitp of t)e fame. That as often as. any Child fhall happen to be born after the Death of the Father, without having any Provifion made in his Will, every fuch Pofthumus Child (hall have 'Right and Interefl in the Hate of his or her Father, in like Manner as if he had died 1 nteftate ; and the fame (hall accordingly be afl'igned and fct out as the Law directs for the Difiribution of the Eftates of Inceffatcs, And whereas tbrou,lr the .Anguish of the deceased ¶eflatcr ; or through his faille/ tow Intention though in Health ; or through the Ovefght of the Scribe, form of the rcflat: is Children are omitted, and not mentioned in the Trill ; marry Children alfo being born after the making of the Will, though in the Life. time of their Parents: LFc It tJlcrcto?c cunrteb by the 2lutjo2ftp c forcfnfb, Thar any Child or Children, not having a Legacy given them in the Will of their Father or Mo Cher ; every fuch Child shall have a !Proportion of the Estate of their Parents given and Get out unto them as theLaw direEs far the Distribution of the Hates of Intcllates. Prcvided, Such Child or Children have not had an equal Proportion of his Eflate bcflowcd on them by the Father in his Life time, And Tchcreas it fometimes happens, that a JVTan having formerly made his Ii', r'1, do t li afterwards marry a Wife, and then dies ; and the Will comes to be proved, to the Injury of fuel) Wife 1-n all fuch Cafes the Widow fhall have filch Proportion of her late Husband's Eflatc ;1111 11(d her, as if he had died Bites -late ; as the Law direEs for the Diflii- hution ( f the Estates of Inteftatcs.: Any Law,Ufagc or Cullom to the contrary a;Otwithi :; hind. 1'ro,l�il a', That nothing in thisLaw (hall extend to anyEflate difpofed of by Vi11, ,;1ie'ady fettled. 11 a Creat and General Csccr't begun and held at Boflon on the 28th Da y rf May 1 7 t 8, .4 ra/Colon being moved upon thef'cordSe8ion orParagraph in the,/1S providing forPoflhumusLhildren,ondfrech as have noLeac given them by ll'ill ; made in the r'welft/n Tear of King WI T.LIAM) viZ. [Whether the fennel ✓J7 Jodi as well extend to the Grand -Children, in Cafe of the Death of the Father. her or Mother, as to the Child himfelf, if living ? Refol v c d in the .flfrntativc, and that the Law is fo to be under f ood and p -acliced : Any Wage or Cullom to the contrary notwitlflandina, ] I CHAP. Pofthumus Children to have a Pro- portion, &c. See Resolve at rhe End of this AO. And fuch as have no Le-• gacy given them, Widows not to be prejudi- ced, by Wills made before Marriage, I100. Y,4 ufotbenf halt . t tpoflattof of Leatljci'. Illlol i�lll ii II Il,I11hild,I ,,,I ilii ho .4nno r'_cgni Regis G U L I E L M I, III. Duodecimo. 8 TV. ca, 2. All Pcrfons interelled may com- plain of ln►- bczclment. Saving. Preamble. �- �� i NTLI f IA, iidll i 114 11111 Illue . C IIAP.' VIII. An A& in Addition to the AFf ibr the equal Diffrlbution of Infolvent Efiates. JJ7HEREAS in and by tl c Act Intituled, An A& for the equal T)i f- tribution of InfolVCnt Dates ; made and pafs'd in the eighth Year (Jr his prof nt li''la/e/iy's Reign : Amon�rfl other flings therein con - 1. 1 , con- tained; 3t hi rnllttcb, " That every fudge of Probate of Wills and granting Administrations, within the refi)c(fivc Counties, be and thereby is fully audroll cd and impowred to call bcforc him, and to require and admml(Ier an Oath un- to any Pcrfon or Pcrfons, probably fufpeetcd by any Executor or Adminillrator, to have concealed, imbezeled or conveyed away any of the Money, Goods or Chattels left by the Teflator or Inteflatc, for the difcovcry of the fame : ,\nil in Cafe any filch fu petted Pcrfon was berrufted by the Pcrfon &ceafcd, at'rr d - ed upon, or was otherwife convcrfant with or near unto him in the time of Sic1;- nefs,or left in Poffellion of thc Eflatd,whcrcby to flrcngthen and make theSu fpi don more violent ; and (hall reftlfe to `Tar and acquit him or her (elf uponOath ; it fhall and may be lawful for, and the Judge is impowred to commit fuck Per - fon fo rcfuhng to Swear, unto the Goal of the County ; there to remain until he or file (hall comply to difcharge him or hal fell upon Oath as aforcfaid ; or be relcafed by Conf'cnt of the Executor or Adminiftrator." ,find whereas it has been obf'rved, That fometimes Executors or Adinini- Jirators have neglecicd their `Duty, or been too favourable in 'not complaining of Pefons of w/osm there has been jufl Sufpicion of making Concealments, Inn- bezelments, or conveying away Part of the '.hate belonging to their reliutor or Inteflate; 'whereby great Wrong and Ituury has en wed : For Remedy whereof : Ii5e it cuartcb by M . Cycclleucp tje d3otcrstou. , Council Elia Ecprcfettttltivco its (Dental Court, ,ons bp the 2t;rjoiitp of tl.)c fame, That every Judge of Probate, be, and hereby is alike inlpowrcd, to call before hull, and to require and adlniniflcr an Math unto any Perfon orPcrfons,probably fi3fpcticd of making any Concealment, Imberelment, or conveying away any of the Monies, Goods or Chattels, of any Pcrfon dcceafed ; as well upon the Complaint of any Heir, Creditor,Lcgatary, or otherPerfon having lawful Right or Claim to or in inch Elate ; as of the Executor or Aduiinifirator. And in Cafe the Party fufpetted (fuch Sufpicion being ftrengthned, and made more -vio- lent io- lent for any of the Caufcs before mentioned) Iliad refufe to difcharge him or her fel( upon Oath, then to proceed againfl than by Iinprifontnent, as the afore - recited Aft dire&s. Saving to any Perfon aggrieved, the Liberty of an Appeal from any fuch Sen- tence, to the Governour andCouncil ; theAppellant giving Security to profecute titch Appeal with EiTcett, in Manner as is by Law directed. CHAP. IX. An Ad prohibiting the Exportation of Raw Hides, Upper - Leather, and Tann'd Calve -Skins, from out of this Pro- vince, other than for England. HERE24S the frequent./h>ipping out of this Province, Raw H- ides, Up- per -Leather, and Tamed Calve Skins for Holland and other Places, been much to the Damage of this Province ; not only by Region of the choicefl f the /aid Hides,and Upper-Leatbergoing o ,but the greatQ,uantities that many Times the Arc,fty of the Province cannot be fupplied : %b£ ., 0 • .41_... ,hm,y..,.... `eyi;iRrgisGULIEf,II1I1, III. Du ::..ir...wa...a�:..masJ.•."• , ._, ,. y; a, -.rat 10. I7jo. Uc C 4 Oa �'11)a r, -n. i1rl+.-...'. p- tr.•. ..,.-+r- '-a-.-+-- 'TsIon -.—tR-emw II.5 �; E+ �Itiiaelci l p ills:' l���tl','Ci,ilon , Crunch Call) ilS.c •lr fi(1taritieci, fa d3cur: , .� , , i ) �r ;1 r� `) r ' 't " That from henceforthto }.arcl Ill ive Rund r':.t. i -' .i u') its rl,,, :t, I;� i�} 1C tate f ita:, ( , tat :I J;,i(r,,t,111. 110 Raw Elides, Upper -Leather, or tann'd Calve -Skins, be laden on Board any Ship or 1 effel, before the 1\1 all co give Bond to thea _ onlu3ifjioncr for Inlpo(1 or l;cccivcr for the Time being, to tire Value of Five Hundred Pounds, with fil[Iicicnt Surety ; that the florae fhall be by the (;lid Ship or VefThl carried for EncIand,ii" 1ks, Port or Town of Berwick upon Tweed, ;Ind no other P ace ; and be there landed, and put on Shore ; (tile Danger of the Seas only exec )ted) and fha11 in eighteen Months Time return a Certificate of the lune. A RI if.,t};c!e,„ other - any (1)all per -time to lade on Board any Ship or Vc lbl any Raw Il ides, II Ter- u,;1,. bieL i to ns, before bond b: given :13 aforcfaid, he fhal for— he f�,ifeitc;cl, Leather, or tann'd Calve-Ski felt the fame ; and the Malice of the V'clibl (]tall furf'eit the Value of all filch Raw Hides, Lcathcr or tann'd Calve-1Skins, that he fhall know to be on Board fuch Vella And if any Shipor Veal, fhall carry from out of this Province, any Raw Mailer know - Hides, Upper -Leather, or tann'd Calve Skins, before Bond given as aforcfaid, ing of it, to or any Seizure be made ; every Mailer of filch Ve(fel knowing thereof, fhall (Detest double forfeit and pay double the Value of the Eine ; and the Shipper double the Va the Value. luc of what fhall be lb it ipped. Provided, That Information, Suit or Profecution for the fame be had and made within the (pace of eighteen Months next after thc Offence committed, and not afterwards. The afore -mentioned fcveral Forfeitures; to be recovered by Anion, Bill, Plaint or Information, in any of His Majcly's Courts of Record within this Pro- vince ; and to be employed and d111)Ofcd of, one Half thereof for and towards the Support of IIis Majefty's Government within the (Sine ; and the other -aif to him or them that fhall inform and rue for the fame. And it (hall and may be lawful to and for every Juflice of the Peace, upon 'information given of any Raw Hidcs, Upper -Leather, or tann'd Calve Skins, l ld. n or put on Board any Ship or Vefiel, and i3ond not given as afot efaicl ; to ifilc out his Warrant under his Hand and Seal, directed to the Water -Bailiff, or to the Sheriff, or his Deputy or Conflablc ; requiring them refpe&ivcly to make Seizure of my fuch Raw Hides, Upper -Leather, or tann'd Calve Skins, fhip'd as aforcfaid, and to fecurc them in order to Trial ; who are hereby refpeElively impowered and required to execute filch Warrant. Et, -.., r..t= CHAP. X. An A& for preventing Abufes to the Indians. • TOMOS b c -FERE✓Sfsue of the principal and bell drfofed Indians within Additional this Province, have reprcfented and complained of the Exactions Att. and Oppr f ion, which ionic of the Englifh exert fe towards the In- 4 G. ca. 6. 'y drawing. them to Cor fent to, Covenant or bind them (elves or Children, .Apprer..ticcs or Servants, for an unreafonableTerm ; 012 Pretence of,or to make Sate faction for fonie full Debt contracted orDamage done by them : For Redrefs whereof : i'& ft, mart ctl alit' b£clarclb bp No C tclicncp tY c i. obirnonr, €flttttcil No Irdian to nub 1i pref entatfbeJ, ii. ct cncrai Court affembicb, aith bpi the xiunjo:iry of 'e put out tl"r£ f i?l�ic,'I'hac from and after the Publication of this A6t, no Indian (hall con- `bAP?utbrcntr'ycFc; tragi or put or bind him or her Pelf or Child, Apprentice or a Servant to any of Ally„arc, co - His Majefty's Subje&s, for any Time or Term of Years, but by ancl with the cwo J lilies. Allowance and Approbation of two or more of His Majcfly's Juflices of the Peace ; who are required to take fpccial Care that the Contra& or Covenant f'o to be made, and the Co :clition orTerrns thereof, be equal and re.ifonablc; both with refj:e& to the Time for Service, and otherwife, Z rat, 1700. Anno Reg;ti Regis G U L 1 M I, III, Duodcckno, I16 cilietgbirbd anb ipmfare5, pub be it further morn bo the _ tali;ufticcs of Seliions of the ) Peace, to hear the General Seffions of the Peace, within the refpcftive Counties, be and hcre- fuchand raspeve are by are impowred, upon Complaint made by any Indian Native of this Country, aggrieved. that is or lhall be aggrieved by Reafon of any Indenture, Covenant or Agree- ment heretofore made for any Time or Term of Service, not yet expired ; to bear and relieve fuch Indian, according to Suffice and Equity ; and to regulate and order the Time for inch Service, as they 1E311 judge reafonable. CARP. a.[. An Ad in Addition to the Ad for due Regulation of Weights and Meal -tires. lt1R remedying of Unrighteo11efs u and Opprcgion, in dc'taltrt by theufc o 4 W. a M. Meafures that are not of ducBread th forMeal, Frusts and other flims ca. 14. ufually fold by Heap : Be ft enamel tip lji.1E1lcncp the ZO(:ernatIV, Council ostia 3R1cprer feittatibeo, in egnecal cum afteumltla), ano by ►ljc 4 tttliozitp of file faun, The wed th That all Meafures by which Meal, Fruits ; and all other Things ufually fold of Meafures by Heap, shall be fold, be conformable as to Bignefs to the declared publick for Things allowed Standards mentioned in thcAet made and paffed by the General Aflcm- fold by Heap, bly,in the Year OneThoufand fixHundred ninety two,lntitled, An .ilei for due Regulation of Weights and Meafures : And [hall be of the fullBreadths fol- lowing : [hat is to fay, The Bushel not lets within fide, than eighteen Inches and Half wide ; The half Bufliel not lets than thirteen Inches and three Quar- ters wide : the Peck hot lets than ten Inches and three Quarters wide ; and the half Peck not lets than nine Inches wide, And if any Perron at anyTime from and after the firfl Day of Oelober, next after the Publication of this A& ; (hall fell, cxpofe to Sale, or offer any Meal, Fruits, or other Things ufually fold by Heap; by any other Meafurc than is afore -mentioned, as to bignefs and bi eadth ; fuch Perfon being complained of, and convicted before any Juflice of the Peace of fo doing, [hall forfeit and pay to the Ufe of the Poor of the Town where the Offence is committed the full Value of the Meal, Fruits, or other Things fo fold or offered to Sale : And fuch Jtiftice may commit the Offender to Prifon, until Payment be made of the Paid Forfeiture, or caufe the fame to be levied by Warrant of Diftrefs, and paid in unto the Town Treafurer, or Overfeers of the Poor ; to the Ufe of the Poor as aforefaid ; and (hall alio caufe fuch Meafure to be defaced : Any Law, Uage or Cullom to the contrary m any wife notwith':landing. Penalty for felling by other Mea- fures. a 16I,&NI ca,6. A Lis and Laws, Palled bythe Greatand General Courror Af embly of His Majefly's Province of the Ma fachnifetts-Bay in New -England : Begun and held at BofIon,onWeclnefday the twenty-ninthDay of May, 1700. And continued by leseral Prorogations until Wednefday the twelfth of February following, and then Sat. ,N 1 ..., • .1111111111/1104431101ii . CHAP. I. An Ad directing the Proceedings again(! forcible Entry and Detainer. HEREAS in and by the ✓Af Intituled, A n A& for the punifhing of Criminal Offenders : Ain ng fl other 2hsngs therein conta ned ; 3t belt rtD " rrlaat everyjultice of the Peace in the County where " the Offence is committed, be and is impowrecl to make Eizquiry of forcible Entry and Detainer,. and caufe the fame to be removed. , For GULIELMI, I1I. Duodecimo. 1700. .hr t'.w bGt:er dirc'c`ling of Jfij ice's in flcb their Procceclin0's : 117 latices on `»��: ft C'.1�1:tC 1 3U 1 v:tf:lt'c:� ltta € fdicliI.c!L111t Cciber•luur, (UQ:111C'r nab Cos Iii t i ti^,,,•,•j t`i llF"..;`a'' tai (,r1li'i .1f (i? JL,.' 1.1!r!'1it 10i LID bp the Zit81•jol,'ittr of Tofu ,.z.,, tic ma, calm, That upon Complaint snick to any one or more juftices of the Peace of forc.bk, En - any wrongful ,anal forc,!)l� 1�:utry m:ru:: into any Lillis, Tenements or other `r`. &c, :n re• +' j within the County ��'hcrc fuch Alec or offices dwell or re - any the 1 o lions, lying y ' , � J 11acc. ide ; or of any wrongful Dcrain r OF anyLands 1. &moments or other Pofl^eflions ;\ ith Force and thong hand ; every inch Jullice or Juftices within Convenient 'him, at the Colts of' the Party grieved, fhall go to the Place where the Force is, raking with hint the Sheriff or his Deputy, and other fufhcient Power of the 'hown or County at his Di faction, if need be, co aid him, and all the People of be giA!lifanceven toto the County, as well the Sheriff as others [hall be attending to the fail •Jullice or J"fices under .)uflices, and afriff hien or them to arreft fuch Offenders, upon pain ofIinprifon- NacgicEt. tY for mem, and to mal e Fine to the Ring. And that two latices ltteruin Muer, (hall have Authority and Power to in - inch forcible Entry into Lands, Tenements or other Pon -ell -ions, as of them that Upon an In - hold the fame with Force. And if it be found upon filch Inquiry, that a for- quihtion cible Entry is made into any Lands, Tenements or Pofreffions ; or that the fou"d, Refli- fa►ne are held with Force ; then filch Suffices 'hall caufe the fameLands,'.rene- "'''on to be g! ide. merit, or Toile( ions ro be refcized, and thereof the Party to be again put into Peellion, who in Bich Sort was put out or holden out. And to the End that Enquiry be fo made as aforefaid,filchJuffices (hall make out their Warrants or Precepts, directed ro the Sheriff of the fame County, or A Jury to be his Deputy, commanding flim on the King's Behalf to caufe to come before impanclled theta eighteen fuflicient and indifferent Pcrfons dwelling near unto the Landsor and fworn, Tenements, fo entred or held as before, whereof fourteen at leaft to he Impa- nelled, to inquire in this Behalf, each of whom to have Freehold Lands orTe- nements of the yearly Value of forty Shillings at the leaft,who (hall be Sworn by fuch Juflices, well and truly to inquire of filch forcible Entry, or forcible Penalty for Detainer, and to return a true Verdict therein accordingto their Evidence • and Dcfaulc ul the ,g Sheriff or if the Sheriff' (hall make Default in not duly executing of filch Warrant or Pre- Jurors. rcpt to him dirc5ted, he (hall be fined the Sum of Twenty Pounds for every Default. Anel every Juror fummioned by the Sheriff, making Default by his Non-appearance !hall pay a Fine of twenty Shillings : Every Jufticeto be paid Allowance to ten Shillings per Diem, the Sheriff f x Shillings per Diem, and every Juror two Justices, &c. Shillings per 1;icm, upon every Ins airy to be made as aforefaid, :;;;'U be it father cnatrzb bp tie ltltiolirp afazefai(�, That any Suffice or Juflices as aforefaid, may irupofe a Fine upon everyOffender commiting fuch Force as aforefaid, not exceeding the Sum of forty Shillings; and bind thein to {ulticcs may the good Behaviour, and itnprifon filch Oil -enders, till they pay fuch Fine, and finecheOyea- find Sureties for the Behaviour, until the next Court of General Se(1iions of the der, &c. Peace within the fame County, and then to appear ; and if the Offence be ag- gravated by any open and high handed Breach of' the Peace, or otherwife,may bind the Offenders over to appear at the next General Seffions of the Peace, to anf'.:'er for the fame ; who may increafe the Fine, according to the Aggravation and Circum}(lances of the Offence. All Fines arifing by Virtue of this Ad to be to and for the Ufe of the Coun- Fines how to ty, for defraying of County Charges. And the Party grieved Thall recover tre- be applied. He Damages, and Coils of Suit by Acction of Trefpafs againft the Defendant or Defendants, if it be found by Verdi&, or in any other Manner by due Form of Law ; that they entred into his Lands or Tenements by Force, or after Entry did hold with Force : Any Law, Ufage or Cuftom to the contrary in any wife notwithftanding, • Provided always, That this Mt [hall not extend, or be conflrued to extend provifo, unto any Perfon or Ferrous that have had the Occupation, or have been in quiet Poffefliion of any Lands. Tenements or: PoiretTions by the fhace of three whole Years together next before ; and his, her or their Efface or Ettates therein not ended or determined, C H A P, ,VIII l ill III 1111Ii6,1111LJl.t lYII' IIiiIi.IIIL Iii Itr,�! Iin 1' . 1' 1'' �Iu�IIIl1lYlldhl,{Il�i�i:�l�:�� �,�� L IVI 1, III. I)u;,clecifln e). v '. eoe 1700. �i8 4)nicarin 3towit• ter .•acs+...+a+.aa..."•..s...-+.....+..-.« «�.._ C H A P. 11. crs {Ball be how Town-� �' An A&C�11'e�111�, Town s where no juRice or the PCace dwells. W�R AS the Law requires, tho 1%' 4'era! `.l ozvn Ofcers be under Oath or the true and faithful Dif"ch..rge cf their �fpee iv 0 t yullices ces and r uf, to be admini/lred unto theist by one of t ePeace,&c. And for ds much as there are lnanti tuns;,z the Of - ©f the byPeaf onhereof, which 770 tiflrce of the Peace dwells, but are far remote ; annual) and from Time to Time chofen in fuck Towns, who; 1 the Law Cers y requires to be under Oath, are neceffitated to travel feveral tIiI cstco to the In. whichOccafions great Charge,befrde5V t cultic' and In habitants of /itch Towns : Wherefore, for the Eafe of His 1VIajefly's SubjcEls in that Regard : i dt M tttinct e6 t✓e1-11oltr cQlttltil circa lltel3t efe nra= or the major 115e it � tt� cttasrtCb t � lijt, e e - ea eb 11 the lieutenant lbtllu�lrfl of Part of them ttbcgi, in Genera caltrt aflentblhb, aub itthe to Swear That in each Town within this Province where no j flime being or t eco of Town Offs- PeacetjC fame, dwells, the Selea-Men of fuck Town fortthe oW ed to a�iminif}er to fuck cern, inp the Oatli Towns where Part of them, be, and are hereby betchofen Cleric of inch 'town ; of no Juftice Perfon, as from Time to Time dwell. appointed to be taken by each Town. Clerk, for the faithful t `f l Defch res to byLaw .1 P that Office ; and to all other Officers of fuch Town, ePlaccs_bclonging, as by Law be Sworn, the Oath to their feveral and ref) eflablifhed. -Men fhall caufea Record to be made in the TownlBook of And fuch Seidl -Men U fa e or Cullom to Y the Swearing of all fuch Officers : Any Law, g in any wife notwithflanding. A Record to be made thereof, I-1 A P. I11� Horfes that are to be Exported. An A.a for Tollln� C1 R. the better preventing thefleating of Nor es and Horj° hind, and clara- deflinely conveying then: away : M„-�ttllCii zclb lie it bot(1CC6 nub enatteD bp the ticit errant b tip, ll♦tl1te, tttsj C1 ►? of to own kee C1a , a �y�,el7l£iCltttlCibCo, lit Omani. Coati: n C nticb,e he a Toll book. tije tame, Thy Sea -port Town within this Province, herand kept a Toll-BookBby the Clerk of fuch Town, for the eluting of an -lodes Kind that {hall be there fhip'd for Fxporatiolll {hip or fend on board any Ship No Horfes to And no Perfon or Perfons whatfoevehts 't Province, any Horfc or Horfc Kind, be thtp'd be- or other Vefi'e] to be tram}poi ted out of t for they be fall have prefented and cau'fed them to `tech viewed by the tolled. ohe or they i1 1 Town -Clerk of the Town where they are to be flri p d. And i► the Toll -Book of all erk is hereby authorized and retrained to make a fair Entry Horfe Kind, with their Colour and Marks both Natne,Mand ar- tic i Hordes and and the Chriftian Name, 5 y tifa�ial, and Age as near as may be ; � ery dwelling ; as well of the Perfon or l'crfonslofie lhom theffame e ere e and glace ofd gName laft bought, as of the prefent Owners ° 'thlercof, whereon they are to be la- den Vefl'e1, and of the Mailer or Commander bound ; and to deliver a Certificate underhis Hall ofh or fie❑ ; and whither Ship byhim made unto the Shipper, dire&ed unto th the Town C leulc !hall dor Entry Fee. 'Vefl•'el by Name. For which Entry fol cachtl�eall,,and no mores 1d alldreCelVed',vPence a 010 111 r 71111101 i1E!-O/J G ULl ELM I, III. Duodecitnoet.lccimotertio. 1700. `� tow . erfrQ ox 119 xiaaij c C it blit SCC cttatft'b i'11 the `4Utlj4?lip rias CfaW, That if any Perfon ve.nalty for (hall prcfume to fhip off any Bode or Horfc Kind, not being firfl entredas lipping off or receiving aforelaid ; or if the Maftcr or Commander i. f any Ship or Vefel fhall receive, on board take or fulfil. to be received or taken any Horfc; or Horfc Kind, on board the Horfes beforq Ship or Ve(1cf then uncicr his Command, without Each Certificate as aforc.faid ; toning- or ofling•or other clmn what agree with the I)efcription therein given ; every Shipper or Mailer fo offending, gall forfeit and pay the Sum of ten Poun) ; one Moiety thereof to be unto the life of the Poor of filch Town where the Offence is committed, and the other Moiety to him or them that (hall inform and fuc for the bine, by Adlion, Bill, Plaint or Information in any of His Majefly's Courts within this Province : Any Law, Ufatgc or Cullom to the contrary notwith- ilanding. Town Clerk e that And the Town Clerk in each Sea -port Town, is in particular to take Care to chis Aft be the due obfervance of this Ael, and to inform of all Tranfgreflions thereof. obferved. C I-1 A P. 1V. An Ad againft the making or palling of Bale or Counterfeit � :�ney. HEREAS force Perfons or private Gain, have of late pre{ailed to {lamp and emit Pieces of Brafs and Tin, at the Rate of ' a Penny z 4. ca. i. each ; not regarding whatLofs they thereby bring an others ; which if not timely remedied, may prove greatly detrimental to his Majefly'sSubyeas, and embolden others to be fo hardy as to attempt the doing of the like : For Prevention whereof ".Sc it bctihirca atth cnactcb by tin tictttenant obcrhattt, Council .«�.• 3Rcprcfclltfltitno in Central Court affc111blelb an bp the au1tbo Penalty for: t� That anyPerfon or Perfons who .after the Publication of making , �,; t',,C fame, itarnping or this .1c`l, fhall hrefuti�c to make ©r flamp any fitcll Pieces as aforefaid, or others uttering of like or different Metal, Matter or Forth ; and to emit, utter or put off the counterfeit Lime for Pence ; or at :1 greater or leiter Value ; and be thereof convi6led ; Money. every Perfon fo offending, fha!l be punifhcd by Fine and Imprifonment, at the Diferetion of the Court where the rrofecution (hall be, not exceeding the Sum of FiftyPounds Fine,nor fix Months Imprifonrnent for one Offence : And fhall further forfeit and hay in currant lawful Money of thisPtovince, treble theVa- lue of all filch Pieces as he fliail have emitted or uttered after the higheflRate they have paired at ; one Half of the faid Fine and Forfeiture to be unto His Majefly, for and towards the Support of the Government within this Province, and the other Half to hits or thein that (hall inform and rue for the fame in any of )lis Majefly's Courts, within the Province. [in) be it fnvtV c: macre?) bip tije £ l[tfj' 3ity nfc3gCf flit, That every Reititution co Pcrfon or Perfons that have or (hall (Fend as aforefaid, (Ball exchange and pay be made, in currant lawful Money of this Province the full Value of all filch Pieces hav- ing his Stamp or Mark thereon, unto any Perfon or Perfons that shall bring the fame to him, according to the Rate they have paired at ; fo as fuch Pieces be brought and offered to him to be exchanged at any Time or Times within the fpace of three Months next after the Publication of this Aft. .And in Cafe of refufal 16 to do', he (hall be compelled thereto byOrder of' the GeneralSeflions of the Peace within the fame County ; or of one Juflicc of the Peace, where the Value exceeds not forty Shillings. And no Perfon or Perfons whatfbever fhall hereafter offer to put or, utter or take any fuch bate or counterfeit Money. CHAP, i7bo, AmioReguiRegis (3UL IML MI, III. Duodecimo e:DecimoTcrtio. Ito Profecution of Zppealit ciIAP. V. An A& relating to the Profecution of A ppeais. LHEREAS it bas been too often ?nailed, that Pet foils having' Judgment entred tkp again titch? iir'the Inferiour Court of Cotnnlotz .Pleas, do Claim theLiberty of theLaw to✓lppeal from fuel Judgment unto the [next Superiour Court of judicature, Court of ,Aizc and General Goal Delivery; to be be holden for or within the f tteCounty ; and after their✓ pp eal admitted, negical to give Security for Profecution thereof as the Law requires or after Security given, fail of Profecuting, their ,appeal : whereby it is very obvious they defigned;i thingntore than to flop Execution, and to delay and hold out the adve fe Party from his jug Debt or Damages recovered by filch Judg- ment, to his grievous Hurt : For Redrefs whereof : j W. ca. 1. i3W.ca.15. LIWUL e it beano ant cnattcb bp tbg ,,lcilteaant C3)1m oil mit anb Security for it tepdefentatfbe0, in (11encl'tit Court :1lfeinhttb, anti by the Iiithoxitp of die Appeal to be iven in or tante, That every Perfon appealing from the Judgment of any Inferiour Court out of Court of Common Pleas, unto the Superiour Court of Judicature, tlCourt flG'mciof' f l ize c within feven and General Goal Delivery, {hall enter into Recognizance Days after ties to profecute fuch Appeal with Elle& ; which Recognizance is to be taken Judgment. before filch InferiourCourt whilft fitting ; or before one or more of the Juftices of the fame, with the Clerk out of Couft, within the !pace of feven Days next after Judgment given, and not afterwards. And if any Perfon claiming and be- iingadmittecl to Appeal as aforefaid, {hell not give t �c tf�icl for facer of feven fecution there- of in Manner aforefaid, either before or within 1 next after Judgment given ; every Claim and Allowance of and fuch Appeal hAa l l be utterly null and void, as if the fame had never been granted ExecutionOn cailure in itm fuch Cafe after Expiration of the Paid feven Days, etllcc,Clec'of �t wasclivcn�or ri- Lobe granted. our Court, upon Demand of the Party for whom J g of his Attorney, (hall ex Of7icio make and i(Ttie out Execution thereupon. i � ef�titi, That if any Perfoii Ju end be it furthei clinctcb bp tl)c Outhazitl afo� be affirmed, Having appealed and given Security for Profecution the reef as Law aforefaid, r oxides, !all the an Ep andExecucion negle� to profecute the fame withithe `Inferi�ur }Court of Common Pleas, en - awarded by Part that obtained the Judgment the Superiour yjudicature, Court of Affize and Court upon tring his Complaint in tae ,,upc.rttlfuclCourtm'�eal did lie, and producing attefted Non-Profetu- General Goal Delivery, to which11 tion of Ap- Copies of the Judgment, Appeal and Recognizance given 1 or Profecution there - peal. of, the Nikes of the Paid Su periour Court of Judicature,affiCur r of Ar Co rt of Gd General Goal Delivery, {hall Arm fuch Judgement of Common Pleas, with the Coils ailing upon the Suit t-here;and ad award grant further Cfor entring and profccuting the Complaint as aforefaid, cution accordingly. The Fee to be paid for entring offuch Complaint, and C(hall be the fame as for entry of an Aeon ; and the Parties Attendance t. a the fame as time Law allows in like Cafes Inferiour Aird the like Procefs and Methods fhall be had and obfcrved in the Inferiour Courts to ob- • Terve the like Court of Common Pleas, for Perfons that {hall fail to of the to Appeals Anymade e Methods. from Judgment given Upon Trials bpforc a Jtiflice Ufage or Cullom to the contrary in a'ny wife notwithflanding. That all Reco- Ztit he it further meet! by tits iutljo?ity nfoltfEdt, Recog- nizances 1 i:en forrofecuting of A ppcals as aforefaid, fhal l remain good for the Benefit of the Parties refpefively for whom they were taken, to bring a Suit thereon, to recover all intervening Damages occafioned bybch he Pa!ime tiesbeing ein delayed from the Time of rendring the firft judgment unto fuch Appeal fhould have been tried : And the Sureties ngivenmfore ognizancnacre named, [hall be liable and obliged to fatisfy the judgment venin Damages, with the additional Coils of Suit, in Cafe of the At Principals oidace Sureties upon Appeals to anfwer inter- irening Da- mages and Coit,in Cafe. 414, v .4 A,ino,RegniRcgis G UL IFL,Mt III. D muodecimoetDecio ertlo. t700. fait. 12! Avoidance and Return made of Non ell Inventus, tipon the Execution granted again(} him : And thcjudgmcnt for the fame (hall be affirmed again{} fuchSure- ties, and Execution be awarded accordingly ; as is by Law provided referring to Sureties upon mean Proccfs. .Provided, That fuch Sureties be laved 'with a Writ of Scire Facias within Provifo. twelve Months next after rendring of Judgment upon the Trial on fuch Recog- nizance ; and not afterwards. C H A.P. VI. An Ad for the better making and mealuring of Malt. • it bcdarcb nub enttttcb by the Lieutfltant (.Bobernotir, Cumuli Malt to be anb ¶tcpvcfcutati13cs, ill (J3entVal court ammo, nub by the well dried & 21 utjolitp of tic Bute, That from and after the Publication of this cleanfed: A&, no Malfler or Malt -maker, !hall deliver, vend or pats away any Malt by him made or called to be madc,before the fame be well dried and cleanfed, by fcreening of it from the Duff and Taile which arifes in the making, drying and ordering of it in his Hands ; on pain of forfeiting twelvePence perBufhel, for each Bufhel by him delivered, fold or pafTed away, not being fo cleanfed and dried ; upon Conviction thereof before ane or moreJufiees of the Peace,where the Forfeiture fhall not exceed the Suns of forty Shillings ; or if above,before Persalt)4. the General Seftions of the Peace holden within the County : One Moiety of fuch Forfeiture to be unto the tJfe of the Poor of theTown where theOffence is committed ; and the other Moiety to him or them that (hall complain or in- form and the for the fame. And fuch Court or Juftice refpeFtively, are hereby To beviewed impowred, in Cafe fuch Mahler fhall Eland to juflify that his Malt is well dried bydPefon on and cleanfed as aforefaid,to nominate and appoint three or more credible fkilful oath. Perfons, to view and judge thereof upon their Oaths ; and to adrninifter an Oath to thein to be indifferent and impartial therein. And no Malt made of Barley !ball be accounted Merchantable, but fuch as Merchantable !hall be well cleanfed from the Dull, Oats, Tares and Cockle, Malt. And every Perfon that !hall offer and expofe to Sale any Barley Malt for Penalty for Merchantable, not being cleanfed as aforefaid, !hall forfeit and pay the Sum ogf offering to twelve Pence a Babel, for each Bufhel fo offered or ex poled to Sale ; bein Satchaertabunmetle- ] thereof conviEted iniVlanner as is herein before provided,to be applied to theUfe Malt. before -mentioned Rltb furtlj'er it i0 cnattcb; That every Mailer of any Veal that (hall tea M irfleltstof ceive on Board his Veflel any Malt to be tranfported to 'a Market, fhall take take care to effectual Care, and make fufficient Provifion for the keeping of Merchantable keep Mer - Malt feparate and apart by it felf, that it be not intermixt with what is Uniner- chantable,and chartable ; on pain of lofing and forfeiting the Value of all the Freight to be table u"merchan- paid for the Ma t fo mixed ; to the Ufe of the Poor of the Town where fuch fepera oalt Malt (hall be delivcrcd,upon Conti6tion thereof as aforefaid : And thall be fur- ther liable to make good to the Shipper or Owner of all fuch Merchantable 1Vlalt mixt as aforefaid, all Lois and Damage that he (hall filftain thereby i to be recovered by A&lion, therefore to be brought in any of His Majefl 's Courts within this Province; and where the Sum exceeds not theValue of Forty Shil- lings, before one juflice of the Peace. Bina Etc it further era teb bp, the 2utf oeitp atogfailli That in the mean Malt how to furing of Milt, the Strike Miall be carried foftly and fawing: Any Law,Ufage be meafured. or Cullom to the contrary notwithflanding. • .r ..-.y .. .... ., q.2 C H A P. tyoo. AnnoRegniRegis G L1ELM ,III. DuoLlccImoelDccinnoTertion k22 um moans upori Ztt aimncn 1)0 C 1-I A P. VII. An A& providing, That in Suits where Goods or other Efiate is Attached, the Defendant be f u mmoned. To the Intent tha all Per font May have due Notice to prepare and make their Defence, in every 4c`?ion or Suit commenced a ain them : Sunifnons "to g be left at the 1St it enaw by tlje'Lieutenant C3oOcettuttr, €ountit aub tteprefenra= befendants tins 5, 1n (J cncrat Court afiemthteb;fluff by the aut ofitp of tr e fame, That Place of ufual when the Goods or Efi:ate of Perfon (hall be attached at the Suit of ano- Abode &c. any ther hi any civil AFtion,a Summons in form as byLaw is prefcribed fhall be de- livered to the Party whole Goods or Eftate are attached, or left at his or her dwelling Houle, or Place of laft and ufual Abode, fourteenDays before the Day Hary to lit of the fitting of the Court where fetch Attachment is returnable. And in Cafe =citified. the Defendant was at no Time"anlnhabitant or Sojourner within this Province, then.. ftichSuminons to be left with his or herTenant,Agent orAttorncy ; and the felling thereof to be certified by a fwoi'n Officer that executed the Attachment ; Or by Affidavit made in Court by the Perfon that delivered the fame,and by one other credible Witnefs then alfo prefent : otherwife the Writ (hall abate. Ho"►tr,t'o be And upon Suits brought hither by Writ of Scire Facias, or Writ of Dower, ferved upon when the Defendant iii any filch Suit fhall nor be ferved therewith in his own Writ of Perfon, an atteftedCd of the Writ, and of the Service thereof under the Hand Dower., or Py Sciro Facia:, of the Sheriff or his Deputy that executed the fame, !hall be lefi at the Houfe Or Place of ufual Abode of the Defendant. And in Cafe fuch Defendant was at no Time an Inhabitant or Sojourner within this Province, then with his or her Tenant, Ageht or'Attorney as aforefaid, by the like Number of Days before the Day of the Court's Sitting where fuch Writ is returnable, as is required for the Service thereof. Arid in Writ of Dower a Copy thereof with the Service alike melted as before, shall alto be left with the Tenant or Occupant of the Houle or Land whereof Dower is demanded to be reiidred, or in or upon the fame; and the Sheriff' or his Deputy shall certify the fame in his Return : or titherwife the Writ (hall abate. Provifon in 011b further it 10 tuna by the klutbogtp aforcfaib, That when it Anions bro't happens the Party againfl whom Suit is brought, not to be an Inhabitant or So- !gain!' o t oefr- journef within this Province ; or to be abfent out of the fame at the Time of nscommencing fuch Suit, and (hall not return before the Time forTrjal theTuflib the Province ces of' the Court where fuch Suit is brought, !hall Continue the AFtion to the next Court : And if the Defendant do not then appear by hirnfelf orAtrorney, and be fo remote, that the Notice of fuck Suit depending could not probably be conveyed to him during theVacancy ; the Juftices at fuch next Court may fur= Set urity to be ther continue the AEtion to the Court thence next following,and leo longer. And • given before in fuch Cafes where Judgment is-entred up by Default, after two Continuances Execution. , as aforefaid, Execution or Writ of Seifin !hall be flayed, and not ifl'ue forth un- til thePlaintiff orDemandant (hall have given Bond, with one or more fufficient Sureties; in double the Value of the Elate or Sum recovered by fuch Judgment, Real Eftates to make Refhtution, and to refund and pay back fuch Sum as !hall be given in taken in Exe- Debt or Dania e • or fo much as !hall be recovered upon a Suit therefore to cution, not to g } be alienated be brought within twelve Months next after entring up of rile firft Judgment ; if within twelve upon fuch Suit the Judgment fhall be reverfed, annulled or altered. The Se - Months. mirky aforefaid to be no further anfwerable than for the recovery that (hall be made upon filch Suit, to be had within twelve Months as aforefaid. Provided alfo, That no Real Eftate taken in Execration, granted upon filch firft Judgment, !hall be alienated or pafs'd away until after the£xpiration of the faid twelve Months, or after a new Trial brought within the faid Space of twelve Months ; to the Intent that Reflitution thereof may be made in Cafe as aforefaid Provifo for Real Mates. 4 CHAP. okegrtiRcgii G bid I E L M I, III. Duodeei mo et Deciin° theist 2iffignmettt of ►oto r. CHAP. VII I An A& for rendering an Account of Fines, &c. HE PEAS by the 4c`I E,ltituled, A n Ael for palling of Sheriff's 5W.&M,ca.»f Accounts; arltong%l other Things therein contained ; 3t io enartet►, gr That every Clerk of the Peace in each County within this Pro- " vince, and Clerk of A ffize, !hall deliver unto the Sheriff" of the County, a " perfe& Eftreat of all Fines, Iffues, Amerciamerits,Recognizanzes, Monies and " Forfeitures impofed, fel, loft or forfeited in any Sefions of rhe Peace; Court " of Affize and General Goal Delivery, or f pecial Court of Oyer and Termi- ner, by any Perfon due to his Majefty, within the fpace of thirty Days next « after ending of the Paid Courts refpeh}ively ; and within the faid Time fhall deliver unto the Treafurer and Receiver General of this Province, a perfeet Schedule of all fuchEflreats by him delivered to theSheriff,&c. But for as much as no Provifion has hitherto been made, how Fines or forfeitures accru- ing to- any County or num (or the Poor thereof) or how Fines or Forfeitures fet by one or more 7uflices out of Court fhall be accounted for : 115r it therefor etlatteb anb bifida by tie Lieutenant Boisernout, Clerks of Comuit anb 1tteprefcntatiteo ill ©metal court aflelnbteb, anti ftp tije Courts to rc:� atltijj olitp of the fame, That all Clerks of the Peace and Clerks of Afl'ize, turn ar:.=,� • count c,f.F ne,� be, and hereby are likewife refpe&ively enjoined and required, within the fpace co ,,c.r,ty of thirty Days next after the ending of each Seflions of the Peace, court of and fr'o"rrn Mize and General Goal Delivery, or fpecial Court of Oyer and Terminer, to Treafurer;, render and deliver unto the Treafurer of each County and Town refpeetively, a perfect Schedule or Account of all Fines, Amerciaments, Monies and For- feitures, impofed, , fet or forfeited in fuch Court, and by Law appropriated to the Ufe of fuch County or Town, (or the Poor thereof) refpe&ively : under the like Penalty, as in the afore -recited A& is exprefs'd for not returning fiich Schedule to the Treafurer and Receiver General. nb turti�cc be ft riinttcb bit the 4utij�o�ftp afbgefaib, That all and Jufthe everyTu(Iice and Juflices of the Peace, at the End of every fix Months, !hall FeacerticestoAoc- ren- rendr•and deliver to the Treafurer' and Receiver General of this Province for der an count ofEines the Time being, County and Town Treafurer refpeaively, a perfea Schedule &c. each fix or Account of all Fines, Amerciarnents, Monies and Forfeitures, impofed,fet or Months, un - forfeited before filch Juflice or ,Tull ices out of Court,due to his Maje(ly ; or by der a Penalty, Law or Town -Order particularly applied to the Ufe of fuch County or Town (or thePoor thereof) ref pethvel y ; on pain of forfeiting theSum of fivePounds to his' Majefly, towards Support of the Government; or to fuch County or Town refpe&ively, for the defreying of County or T own Charges : Being duly conviEtcd of negle`t therein, to be rued for and recovered by the Treafurer and Receiver General of the Province; or fuch County or Town Treafurer for the Time being : Any Law, Ufa e or Cu(tom to the contrary in any wife notwith, ►landing. cam. 1700. 12; CHAR Ix. An ACEI for the convenient and fpeedy Affignment of Dower. IOR.ASMUCHas fume fireffion lathe Law is neceffary that Women may be enabled to come by their ',Dower : 15c ft cunctet) bp tr°e Lieutenant Eotcruottr, Council nub 11teprefen: tatfhca, in aural Court aOet.ittIa, an her the 9iutboiitp of tfje fame, Heir, &cto That when and fo often as the Heir or other Perfon having the Freehold shall renderpo,wer not within one Month next after Demand made, aflign and let out to theWidow within one of the Deceafed, her Dower or juft third Part of' and in all Houfes, Lands,Te- Month next nements or Her ediraments whereof fhe is Dowable at the common Law, to her afcerDemand." .,Satisfy&ion according to the true Intendment of Law ; then fuch Widow may rue 1 1700. AnnoR gw'Regis G U L IE LM I, III. Duodecimo etDecimo Tertio, Writ of' Seifin, &c. 2ttignment of ;Dauer, fue for and recover the fame by Writ of Dower to be therefore brought againft fuch Perfons as have, or claim to have Right as aforefaid in the faid Efface, in Manner and Form following. That is to fay : 5—f5—fW Illiam the Third, by the Grace of GOD,of England,Scotland, France and Jreland,KING, Defender of the Faith, &c. To the Sheriff' of Our County of S. his Under -Sheaf or DeputyTh, Greeting. Command A. B. of B. within the faid County ly without delay render to C. D. who was the Wife of' E. D. late of B. aforefaid addition deceafed, her cli l�e A �len nc s,Sifue in e air°which lai to her of a certain MefTha'7 e or Tenement, w tt B. aforefaid, in the Poffeffion of the Paid A. B. which was in the Seifin and Poffeffion of' her faid Hufband E.D. and whereof he was feized in hisDimefnc as of Fee during the Coverture ; and whereof the hath nothing (as the faith) And the faid C. D. complains, that the faid A. B. hath deforced her thereof. And unlefs the faid A. B. fhall fo do, then Summon by good and lawful Men in your Bailywick the faid A. B. that lb nba before Our lJ�o 11 C of of S�aforeC Inferiour Court of Common Pleas to be ho Y faid, on the T'uefday of Then and there to Phew Caufe, why to the faid C. D. her reafonable Dower as aforefaid doth not render. And have you the Names of there by whom you Summon the faid B. and this Writ. Witnefs E. H. Efq; at B. the Day of In the Ycar of OurReign. Annoque Domini, A. D. Clerk. 2nb be it flutljer ettcittetb by tete 2Intti'iolitp afoeefaib, That upon Judg- ment being given for any Woman to recover her Dowet in any Elate ereofo f Hou - ling - Ping and Lands,and other Hereditaments which e Damage fhall alto be afligned to her from the Time of the Demand made, and a Writ of Seifin (hall be dirthed to the Sheriff of the County, or his Deputy, where fuch Lands, Tenements or Hereditaments do lie, in Manner and Form following. That is to fay : �Illiam theThird,by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To the Sheriff of Our County of S. his Under -Sheriff or Deputy : Greeting. Whereas C. D. Widow,who was the Wife 'of E. D. late -of B. in thcCounty aforefaid addition deceafed, before Cur Juffices of Our Count of holden at B. for Our County aforefaid, 0n the aforefaid D a addition now of one Ftait did recover her Seifin againft A. B. of B. Situate Part of a certain MefTuage or Tenement, &c. with the Appurtenances, in 13. aforefaid, in the Poffeffion of the faid A. B. asrher D oof o r of the wer, '`Eedea- ndow- ment of the faid E. D. her certain Hufband, by fhe hath nothing. Therefore We Command you, That to the faid C. D. full Seifin of one third Part of the aforefaid Meffuage or Te emenbold ,, her .iwithlraltc Appurtenances, you caufe to be bad without delay. Bounds. We Command you alio, That of the Goods orChattels by Meets and of the faid A. B. within your Precinct, you caufe to be paid and fatisfied unto the faid C.D. at the Value thereof in Money, theSum kept o o �fort images her Dower a- warded her by Our faid Court for her being eld aforefaid, and Coils expended on this Suit, wiulr two eesAnd forwant ° Shillings of for Writ, and thereof alfo to fatisfy your felf your Goods or Chattels of the faid A. ft's, to be by him fhewn unto you, of found within your Precinct to fatisfy the fame, We Command you to take his Body, and commit him to the Keeper of Our Goal in B. in OurCounty aforefaid with- in the faid Prifon. Whom We likewife Command to receive the faid •, B.and him fafely to keep, until he pay unto the faid C. D. the full Sum above men- tioned, and alto fatisfy your Fees, Hereof fail not, and make return of this Writ, and how you fwall have executed the fame to Our next Court of to be holden at B. for Our faid County of S. on the Day of next. Witnefs E. .1-1. Efq; at B. the Day of In the .4. car of Our Reign. 'dialogue Domini,And r d nno1 egliiRegis G U • I E L M I, III. Duodecimo et flccimotertio. Zi nttl.ion of toton criOatittara0 125 Arid where no Damages fhall be awarded the Writ to run only for Seifin and To run only Cort of Suit. for Seifin and And the Sheriff of the County, or his eputy ro whom fuchWrit is dirthed Da( oft where mages arc is to caufeher third Fart of Dower- in fhchEltare ro be let forth unto. her by five not awarded. Freeholders of the Neighbourhood ,upon their Oaths (three at leaft to agree) who D"cr to b© by 5 !bill be Sworn before a Jufiice of the Peke, to fed forth the fame equally and Pet forth er Freeholders impartially without Favour or ACM6-tion, as convenient as may be ; WhichOath ofthe Neigh - every Juftire of the Peace is hereby impowered to adminiiler, bourhood up- ita be it further eimarb by rijc 1udjocitp tifolcfaib, That of Inheri- tances that be intire, where no Divifion can be made byMeets and 13ounds ; fo of iuce In- heritance that; as a Woman cannot be endowed of the Thing it Pelf; fhe [hall be endowed there- cannot be di - of in a fpecial and certain Manner, as of a third Part of the Rents, lfrues or aided, a third Profits thereof, to be computed and afcertained in Manner as aforefaid. Parc of the And no Woman that (hall be endowed or anyLands,Tenements or other fientsorPro• fits to beaf Inherirances as aforefaid, (hall commit or Puffer any Strip or Wafic thereupon, fgne& bur (hall maintain the.Honfcs or Tenements, with the Fences and Appurre- No Strp or names thereof, � during with which Phe !hall be fo endowed, in good Repair her Wade co he Term, and leave the fume to at laic Expiration thereof; and (hall be liable to made, Action for any Strip or Waite by her done, committed or fiiflered. ,antb tic ft further matter' by page s4uttil olitp afagcfaih, Tel when the No Dar,tt. Defendant in a Writ of .Dower shall fuffer Jud4,ment to pats againfi him by ges to he Default,, no Darnmages fhall be awarded againft him by filch Judgment,,for hav - wdd. whn but fhe fhall recover the giarven eenc is ing held and kept the Demandant out of her Dower, b;ven by llee- , fame in like Manner as fhe might Tue for or recover Damages in other Cafes i fault. Any Law, Ufage or Cuftorn to the contrary in any wife notwithflanding. CHAP. An Ad direc`iting tile Admit -lion of Town Inbabitants. DI? the better preventing of Perfons obtruding then fel^Jes 071 any particular Preamble: Town within this Province, without ordcrlyAdntrfon by the Inhabitants of litch Town, or the Seieti-nren thereof, in Manner as hereafter is exprefs'd .4nd for remedying the manifold Inconveniencies and great Charge heretofore beta floated thereby. T'o the Intent alfa that the Seleci-glen 711ay the more eafily conte to the certain Knowledge of Polon:, and their Circum/lances, that conte to reticle acid f journ in fuch Town : "rr ft- crirf e fziv the Wein-main 43obcrhour, Coulttil crib lRtpreftlira: Mailers of tlitzl, in Coma" (plait r affcnticti, nut' (rp the .2tttijOsftp of the fuse, That Ships to give f every Mailer of Ship or otherVeffel arriving in anyPort within thisProvince, from Paliften e all Pafl'engers to 1 -my other Country, Land, Ifland, Colony or Plantation, ar the Time of entring the Receiver his Ship or Ve((el with the Receiver of Imp©f1 for the Time being ; !hall de- of rmpoft un - liver to fiich Receiver a perfc& LiU or Certificate under his Hand of the Chiif-flan der a Penalty. and Sir -Names of all Paflengers, as well Servants as others, brought iu fuch Ship or Veffel, and their Circumflances fo far as he knows ; on pain of forfeiting the Sum olive Pounds, ro the Ufc of the Poor of the Town or Place, where fuch Paffenger fhall be landed or fent en Shoar, for every Pafrenger that he Than, o- mit to enter his or her ]"Jame in fuch Lift orCertificate ; upon Conviction thereof before 'HisvTajcfly's Junius in the Court of General Seflions of the Peace, within the fame County where the Offence is committed. And every Juflice Juffices im- of .the Peace is hereby impowred , upon Con, paint made by the SeleEt-men of conved and fuch Town, or Tome of them, to convent fuch Matter before him, and to require bind over and take fiifficient Security of him to appear and Anfwer for his faid Offence in Mailers that lManncr as abovefiid ; inch Complainants alfo giving Bond to profecute their !fall negle"t Complaint. fo to do. i70©. _AurioR gill gis GULIEL1VII,I1i. Duodecimo elDccimoTertio. 126 2thinterion of tam bnhttanUs. Security to be Qjnb fliajcr it 1 eiiu.tc0, Than when it !hall happen any Pa(lenger fo given to in- demnify n- brought to be Impotent, Lame, or otherwife Infirm, or likely to be a Charge Town wnfe fromto the Place ; if fuch Perfon !hall refufc to give Security, or cannot procure Charge, tic. fufficient Surety or Sureties to become bound for his Paving the Town from filch Charge ; in fuch Cafe, the Mailer of' the Ship or Vefllel in which fuch Perfon 11 G. ca. i. came, fhall be, and hereby is obliged and required, to carry or fend him or her 12 & , 3 G' 2. out of this Province again, within the fpace of two Months next after their Ar - `a' ' • rival ; or otherwife to give fuffic.ient Security as aforcfaid, to indemnify and Whit Perfons keep the Town free from all Charge for ,the Relief and Support of inch Im- Tall be re- potent, Larne or Infirm Perfon, upon Demand thereof made by the Select -men : leived at the unlcfs filch Perfon was before an Inhabitant of this Province ; or that filch Im- Charge of the potence, Lamenefs, or other Infirmity befel or happned to him or her during the Province. Ptafrage : And in fuch Cafe, if they be Servants, their Mailers !hall provide for them, and others fhall be relieved at. the Charge of the Province. Court of Ge- And the Juflices of the General Seflions of the Peace, are hereby impowred neral Seffions of the Peace, to enjoys and order the Performance of what is herein before required of filch to enjoin the Mailer accordingly. obfervance of this Law, Receiver of Jmpoft to tranfrnit Lifts of Paffengers to the Town Clerk. Perfons not orderly ad- mitted into Towns, (hall not enjoyPri • viledges of Eleetions. 4.W&M.ca. r 3 No Town ob- liged to be at Charge for Relief of Per- fons, not ap- proved as a- forefaid ; un• refs, Perfons order- ly warned, & fent out of a• And the Receiver of Impoft is likewise required to inform and notify all Mailers of Ships, and other Veflels'coming to him to enter, of the Import of this Aft, and what is thereby enjoined and required of them ; and not to admit an Entry without fuch Lift or Certificate, of the Names of the Paflengcrs (if any) or that the Mailer give under his Hand that he brought none. And every fuch Receiver Thal l forthwith tranfrnit all Lifts or Certificates of Palfengers, to the Town Clerk of fuch Town where the Ship or V&A that brought thein (hall lie, that the Select -men may. have Knowledge of rlie fame. And fuch Town Clerk is hereby required to lay all filch Lifts or Certificates returned to him, before the Select men at their. next Meeting. .Cillb be it farther euttaeb by die Zutjoiitp nfoCefaiii, That from and after. the Publication of this Aa, no Perfon whatfoever corning to refide or dwell within any Town in this Province (other than Freeholders or Proprietors of' Land in fuchTown, or thofe born, or that have fcrved an Apprentifhip there, and have not removed and bet orne Inhabitants elfewhere) [hall be admitted to thePriviledge of Elecctions in fuchTown, (though otherwife qualified) unlefs filch Perfon fhall firft make known his Delirc to the Scic&.men thereof, and obtain their Approbation, or the Approbation of the Town for his dwelling there. Nor fhall any Town be obliged to be at Charge for the Relief .and Sup- port of any Perron refiding in fuch Town (in Cafe he or fhe Eland in Need) that are not approved as aforefaid ; unlefs fuch Perfon or Perfons have continued their Refidence there by the fpacs of twelve Months next before, and have not been warned in Manner as the Law directs, to depart and leave the Town : .Any Law, Ufage or Cullom to the contrary notwithftanding. And if any Perfon orderly warned to depart from any Town whereof he or ny Town, re- fhe is not an Inhabitant, and being fent by Warrant from a Juflice of Peace unto turning back the Town whereto fuch Perfon properly belongs, or to the Place of his or her to be proced- lift Abode, (hall prefurne to return back, and obtrude hits or her felf upon the ed with as Town fo fent from, by refiding there ; every Perfon fo offending, fhall be Vagabonds. proceeded againfl as a Vagabond. 4 Nib NI I .1 - ACTS 14 6; fi. zinno ileoni Reiss G U L L, M T, 11I. Dccimo Tcrti40. 170 T. • nitit5 in COM . €aufez. 127. A&5 and laws, f'af ed by the Great and General Court or Afl rtibly of His Mnjeffv's Provi11cc of tIle Afafrc%;rfetfs-Bay inNew-Ergland,Begun and held at Boflon upon VVcdncfday the twenty-eighth of May, 1701. C H A P. XI; An Ara. prefcribing Forms of Writs in Civil Caufes. e it matter] by t[,t tk'utetintlt Dobcriloiil4, Conniff unb )LCeprefelii tatibe0; iii aticrat Court afemblcf, anti it io enactrb be tje this tbpitp of die fame, That all Civil Actions other than fuch as arc Cognizable before a Juflice of the Peace, (hall be originally heard and tried in an ltiferiour Court of Common Pleas ; except in Snits where the King is con- cerned, which may be brought in any of His Majefly's Courts within this Pro-. vince, at the Pleafure of, the Profecutor. And the proper .original Procefs of Summons, Capias or. Attachment, and ,the Writ of Execution'in civil Actions betwixt Party and Party, fhall be made ou't in the Forms following : chat is to fay V.4)ummilllohto* 5------f. 'i TIlliam the Third, by the Grace of GOD, of England, Scot- land, France and Ireland, KING, Defender of the Faith, '&c, To the Sheriff or Marfhal of Our County of S. his Under -Sheriff or Deputy, Greeting-. That you_ Summon .A. B. of C. addition if g We Command you, he may be found in your Preeinfl) to appear beforeOurJuflices of Our Court of to be holden at B. within and for Our faid County of S. on the Tuerdav of Then. and there iri Our faid Court to Anfwer to D. E. of R. within Our County of IVI. addition in a Plea of To the Damage of the faid D. E. (as he faith) The Sum of Pounds": Which (hall then and there be made to appear with other due Damages. And have you there this Writ with your Doings therein. Witnefs E. H. Efq; at B. the Day of In the Year of Our Reign. Annoque Domini; A: D. Clerk; Capiail ©z attac; nient. ,S f: " JPliant theThird by the Grace of GOD Qf England, Scotland, France and Ireland, KING,Defender of theFaith, &c. To theSheriffor Marfhal ofOurCounty of S. his Under -Sheriff otDeputy,Greeting. We Command you to Attach the Goods Or Elate of R. F. of .8. within Our County of 'S. addition to the Value of Pounds ; and for want thereof to take the Body of the faid R. F. (if he may be found in your PrecinEt) and him fafely keep, fo that you' have him before Our Juflices of Our Court of next, to be holden at B. w;thin and for Our faid County of S. on the 7itefday of Then and there in Our faid Court to Anfwer unto `D• S. of R. within Our County of M. addition in a Plea of To the Damage of the faid D. S. ,(as he faith) the Sum of Pounds ; Which than then and there be made to appear, with other duc Da- mages. And have you there this Writ with your Doings therein. Wirnefs E. H. Efq; at B. the Day of In the Year of Our Reign. .Annoque Domini, A. D. Clerk. %unman Wjen (aato are Atfatijeu, S Q: Pflanz the Third, by the Grace of GOD,of Eigland,Scotland; I' .France and .i reland,KING, Defender of the Faith, &c. To A. B. of B, within Our County of S. addition Greeting. We Com - I< mand 'Anno Regni Regis G U L I E L M I, III. Decimo Terrio. Orals in Vint (admit. mand you, That you Appear at Our next Court of to be holden at B. within and for Our County of S. aforefaid, on the 2 tecflciy of Then and there to Anfwer to C. D. of X. within sOur e faid County of M. addition in a Plea of Which Com- menced againft you to be heard and tried at the faid for Security o r fabs Goods or Elate are Attached to the Value of Pounds y the Judgment which the faid C. D. may recover upon the aforefaid Trial. Fail not of Appearance at your Peril. Witnefs E. 11. Ef; at B. the Day of In the Year of Our Reign. Annoque Do :i'A. Clerk. l:coition+ S,._.._ -/W Illiana 'theThird,by the Grace of GOD, of England, Scotland, France and Ireland, KING, Defender of the Faith, &c. To the Sheriff' orMarfhal of OurCounty of S. hisUnder-Sheriff• orDeputy, Greeting. Coaddition by the Confi- Whereas C. L. of R. within Our Countyo t of holden at B. for and aeration of Our' Jufiaces.of Our within Our, County of S. aforefaid, on theruefdoy of addition judgment again' D. T. of B. in the County lof M. , ad Penne, Debt or for the Sum of Pounds gCoils of Suit ; Damage, and Pounds oftlEY�cucion remais and �e to Abe done. We as to Us appears of Record ; wher Commandou therefore, That of theGoods,Chattels, or Lands of the faid D. T. within your Precin&, you caufe to be paid and fat is f ed unto the faid L. at the Value thereof in Money, the aforefaid Sums being Shillings and Pence, in the whole ; with two Shillings morfor ewof r thiof s t, Writ,r and thereof alto to fatisfy your felf for your own Fees, And Chattels or Lands of the faid D. Ds to be by him fhewn unto you, or found within your Precinct to the Acceptance of the faid . L. id D. fatisfy and the hiSums :aforefaid : We Command you to take the Body ofthe snit unto our Goal in B. in Our County of e'full Sums above-mS. aforefaid ; and entioned withtain in ur Cuffody. within Our faid Goal, until he pay your Fees, or that he be difcharged by the faid C. L. the Creditor. or otherwife by Order of Law. Hereof' fail not, and make Return of this Writ with your Court of tee da be holcl nett 0 within Doings therein into Our faid Our County of 2, aforefaid, upon the T f y itnefs E. ,i. Efq; .at B. the Day of in the Year of Our Reign. 4nnoque Domini, AD. Clerk. 210 be it flatter meal by the autljozitp nfazefaih, That all Procefl'es It W. ca. 2. Writs, as well Original as Judicial, iffiling out of the Clerk's Office of the Superiour Court of Judicature (hall bear Tette of the Chief Jufiice, and upon any Vacancy of fuch Chief Juftice, then of the fenior luitice of the faid Court for the Time being. And all original or judicial Proceffes or Writs ifhuing out of the Clerk's Office of the Inferiour Court of Common Pleas 'hall bear Tcfic of the firff Juflice named in the Commiflion for holdingfuch next r anriin ;adon any Vacancy by his Death or Removal, then of the J the faid Commiflion, for the Time being. CHAP. XIII. An A61 prelcribing the Forms of Writs for PofT:i[ion, Seire Facias, and Replevin. • (? it eimtteb bp tlje Lieutenant .00Oerttfttr, Connell cub a,Sepref citc 23 WON itt Viterai Court effetnbieb, anti by the 1ttrijoieitp of tfje fame, That the Writ for patting fuch into Pofieffion of any Land or Tenements as thall recover _judgment for the fame, and for levying the Cott and Damages recovered upon fuch Suit, commonly call d a Writ of Facias h Ann) JYJl.AdlJi:4T Rcgis iWt-.a0 ..1. iU+...aiLi..Y' -,-I- LI_ I,•-1.0 1 ,_ f111. Dccimb Tertio. .FO of a:0a 11/4014 poll ton, Etc. y72g . tabere Po,/e(%i,rtem, and \Vrit of t eri facias : As alio the -Writ of Sere facia:, to be iiihed out of the Superiour or Infcriour Court rcfpectively ;, and:the Writ of Replevin, {hall be from Time to 'Elmo ;ranted and iflucd in the Form fol- lowing. that. is to fly pont ont; €[ ice^ h ii� iii of j cia, Darn f,� amen arm Sled ,rt cia5t 7llliam the Third by the Grace of GOD of England, Scotland, France and Ireland, KING, Defender of' the Faith, &c. To the Sheriff orNar.thal of OurCounty of Bilis Under- Sheriff orDeputy,Greeting., Whereas.A. 13, of C. add;cioii before Our Juflices of Our Court of holden for or within Our County of S. aforefaid at B. upon the Day of by the Confidcrition of Our laid Court, recovered Judgment for his Title and Poffeflion of and in a certain Meffilage or Tenement with the Acres of Land, '&'c. lying and being in the Town of Appurtenances, or �. a gainfl E. 1'. of G. addition who had unjuflly with -held, put out or antovcd the faid .4. B. from his Po{fclfion thereof. And alfo at the laid Court recovered Judgment for Pounds Shillings a nd Pence, for Coils and Damages which he fuflained by Reafon of the fame : As to Us hath been made to appear of Record, We Command you therefore, That without Delay you caufe the Paid .4. B. to have Pofreffion of and in the faid McfThag° or /Tenement with the Appurtenances ; or faid Acres of Land, c. We alfo Command you, That of the Goods, Chattels or Lands of the faid E... s within your Precinc'f at the Value thereof in Money, you caufe the faid ,f1. B. to be paid and fatisfied the aforefaid Sum of Pounds Shillings and Pence, which to the faid .4. B. was adjudged for his Calls and Damages, with two Shillings more for this Writ ; and thereof alfo to fatisfy your felf for your own Fees. And for want of fuck Goods, Chattels or Lands of the faid E. F. to be by him fhewn unto you or found within your Precinft to the Acceptance of the faid A, 13. to fatisfy the aforefaid Sum : We Command you to take the Body of the faid r.. 1 and him commit unto our Goal in B. in Our County of S. aforefaid ; and detain in your Cuflody within Our faid Goal, until he pay the full Sum above-mentioned with your Fees ; or that he be difcharged by the faid .4. 13. or otherwifc by Order of Law. Hereof fail not, and make Return of this Writ with your Doings therein unto Our faid • Court of to he holden at 13. upon the Day of next. WanesE, H. I�,{�q; at 13. the Day of In the Yearof Our Reign. ..4nnoTee Domini,✓�. D. Clerk. Cit of G?£i t jracia. o. I11iam the Third by the Grace of GOD ofEngland, Scotland, V %I France and Irelaizd,KING, Defender of the Faith, &c.- To theShcrifl or;viarfhal of OurCounty of S. his Under -Sheriff orDeputy. Greeting. Whereas C. 'D. of 13. arctiti�;n before Our Jut -flees of Our Court of holden for or withinDur faidCounty of S. at 8. on the Day of In the Year of Our Reign : By the Confideration of Our laid Jufli- ces, Recovered Bred against .,4. 13. of E. addition the Sum of Pounds SI.,i11ir7Qs and Pence, Debt or Dann -nage ; and alto Pounds ShiI)inys and Pence, for Colts and Charges by him about his Suit ir5 that Behalf expended; whereof the faid .,4. B. is convict, as to Us appears of Record. And altho' Judgment be thereof rendred, yet the Execution for the faid Debt or Dammagc, and Coils, doth yet remain to be made ; whereof the faid C. D. hath fupplicatcd Us to provide Remedy for hirn in that Behalf: Now to the End that ju it ice be done, We Command you, That you make known unto the faid .4. B. That he be before Our juftices of Our faid Court of to be holden within or for Our faid County of S. at 13. on the Day of to thew Caere (if any he have) wherefore the faid C. DD. ought not to have his Execution ac'ain{t him the faid A.13 for his Debt ot Damn - R : mao'e 1. t'o r. Aso Rep; Regis G U L 'I E L M 1, III. Dccimo Tcrtic jo ito of Ceibirito hcfo?c a 1 Jitice. Mage, and Coils aforefaid ; and further to do and receive that which Our faid Court fhall then confider : And have there then this Writ, with your Doings therein : Hereof fail not. Witnefs E. H Eli; at 1]. the Day of In Ycar of Our Reign, Annoque Domini A. D. Clerk, CHAP XIV. An Adi prefcribing the Form of Writs in Cafes triable before a Juflice of the Peace. 0 it n)atteb by the Lieutenant 6obtcnour, council etnb liSeprc= fetttn'tibeu, in d cneral Court etfleuthico, garb it is caeca ov die 2utlj'ogtp of tlje fainc, That the feveral Forms of Writs and Pro- cefTes here under written, fhall be and hereby are eflablithed to be the Forms to be granted and ufed in civil Caufes triable before a Jul -lice of the Peace. That is to fay : tut ult:I . f©/ ippcarancc. 0 the Sheriff or Marfhal of' the laid County of S. or either of their Deputies, orConftables of the Town of B. within the faidCounty, or to any or either of them : Greeting. In His IVlajefly's Name you are re- . quired to Summon and give Notice unto T. P. of B. aforefaid, xdd tion (if he may be found in your i'recinFt) that he appear before me 7.D. Efq; One of His Majefly's JtifIices of the Peace for the County aforefaid, at my dwelling Houfe in B. on the Day of at of the Clock in the noon: Then and there to Anfwer to E. L. of M. addition In a Plea of' To the Damage of the faid E. L. (as he faith,) the Sum of Shillings : As fhall then and there appear with other due Damages. You are alto hereby further required to fignify unto the faid T. P. that he may not fail, in the Premiltes, as he will Anfwer the Con- tempt at the Peril of the Law in this Cafe made and provided : And of this Writ with your Doings therein you are to make true Return unto my felf, at or before the faid Da.; of Dated at .8 aforefaid, the Day of In the Year of His Majefly's Reign. .Annoque Domini, Warrant fo 1 ontempt+ S O. the Shcrifl• or Marfhal of the faid County of S. or either of their Deputies, or Conflables of the Town of .8. within the faid County, or to any or either of them, Greeting. Whereas 'T.P. of B. aforciaid addition was lerved with Summons granted by me 7. D. Efq; One of His Majefly's Juftices of the Peace for the County aforefaid, for his Appearance be- fore me on the Day of to Anfwer to E. L of Ivl addition in a Plea of And whereas the f.Gtid r. P. hath made default in his faid Appearance : Thefe are therefore in IIis Majefty's Name to will and require you to take the Body of the fitid `I ; P. (if he may be found in your PrecinEt) and him fafely.keep, fo that he may be had before me the L i:i 7. D. at my Dwelling Houle in B. onrhe 1 :ay of at of the Clock in the noon, as well to Anfwer the Lid E. T. of his Plea aforefaid, as for his faid Contempt ; and make true Return of this Writ, with your Doings therein unto my Self at or before the faid Day of Dated at P.. aforefaid, the Day of In the Ycar of His Majefly's Reign. .Anncque Domini, QEapirros (4.�CIttad11ticnt. 5 ,.(J: 2 0 the Sheriff or Marfhal of the faid County of their Deputies, or Conflables of the ,Town of IL within tl+e faid County, or to any or either of them, Greetings. In Ills I\ t1jcfly's Name you are required to attach the Goods or Eftate of T. P. of .8. aforei:rid addition to the Value of Shillings ; and for want thereof to take the 7. D. either of n:4tzt* : i n.: ,.. ..+e,..,.. th. . 1 .. 14'Tii;0 ,,i ILC it GU 1 'ELM I, III. Dccimo Tcrtio. r. ,,, CCT &) of 'Mr the Body of the [aid T. P. (if he may be found in your ['cecina ) and hint fafcly keep fo that he may be had before me `/. v. Erni; One of His Majefly's Jttflices of the Pcacc for the County alorefidid, at nay Dwe ling Houfc ini P. on i he Day of at of the Clock in the noon ; then and there to Anl+vcr to 11. L. of M. addition in a Plea of To the Damage of the laid _E. L. (as he faith) the Sum of' S'hillin i' : As fhall then and there appear with other due Damages. Hereof fail not, anal make due Return of this Writ and of your doings there- in unto my (elf' at or before rile fail Day of Dated at .8. aforelaicl, rile D,�y of In the Year of His Majefly's Reign. ./.1nnoque Domini. 7.D. 111 titan, Men (Soon are attacieti+ 8 %E r 0 T P. of D. in the County of' S. addition Greeting. In Itis Majefly's.Name you are Commanded to appear before me f. D. Efq; One of' His Majefly's Juflices of the Peace for the County aforefaid, at my Dwelling Houfe in P. on the Day of at of the Clock in the toot, ; To Anfwcr unto E L. of 1V1. addition in a Plea of Which Plea the laid E. L. hath commenced to be heard and determined before me : And your Goods or Elate are Attached to the value of Shillings for Security to fatisfy the Judgment which the faid L. may recover upon the aforefaid Tryal. Fail not of Appearance at your Peril. Dated at R. aforefaid the Day of In the Year of' His Majefly's Reign..Annoque Dom,uni, 7 D. . Crccution %4 cau2Krnnt of Jtfref ,S V(J: %Illiaiit the Third by the Grace ofGOD, of England, Scotland, ' France and Ireland, KING. Defender of the Faith; &'c. To the Sheriff or Marfhal of Our faid County of S. or either of their Deputies ; or Conflables of the Town of B, within Our fail County, or any or either of them Greeting. Whereas E. L. of M. addition on the Day of before 7. D. Efq; One of Our Tullius of the Peace for our County aforefaid recovered Judgment againft T. P. of E.addition for the Sum of Shillings and Pence, Debt or Damage, and Shillii�gc at�tl Pence, for Charges of Suit, as tolls' appears of Record ; whereof Ex- ecution 1clmains to be done. We Command you therefore, That of the Money of the faid TIP. or of his Goods or Chattels within yourPrecin&, at the Value thereof in Money, you caufe' to be levied, paid and fatisfied unto the faid E. L. the aforefaid Sums being Pounds Sliilli/iQ land Pei,ce in the whole ; and alto that out of the Money, Goocis or Chattels of the fiid 7 P. you levy twoShilii,i s more for thisWrit, together with your own Fees And for want of fnch v oncy,Goods or Chattels of the faid T'. P's to be by him Chewn unto you, or found within your Pi•ecin&, to the Acceptance of the faid E. L. for latisfying the aforefaid Sums; We Command you to take rhe Body of the faid 2-'. P. and hint commit unto our Goal in B. And we Command the Keep- er thereof accordingly to Receive the faid 7. P. into Our faid Goal, and hitt fafely to keep, until he pay the full Sums above-mentioned, with your Fees ; or that he be dlf'harged by the faid L. the Creditor, or otherwife by Order of Law, Hereof fail not, and make Return of this [Frit with your doings therein unto Our fiiid Tuflicc within Sixty Days nest corning. Wirnefs our laid Juflice at B. the Day 'of in the Year of Our Reign. ✓lnnoque Domini, 7. D: �1nb far it ftti'ti]cr maw 112 the £itutozity afqefai), That in cafe the Defendant in any Suit being duly fcrved with a Capias or Attachment, and Return therefore made do not appear by hilnfelf, or his Attorney, Judgment fhall be entre(' up againft him by Default. n.Y .I. 1 i Y .YY.I11/11. 1, 1'I iY I I Ir. 1 .1 NY.II -i 111. bog •I•..n♦/Ww.01. ...i•. r+. C H A P. ro „,{, u'�li'' addition to the Value of Shillings ; and for want thereof to take .1111',1 iti the il'fl(, r7oi, Anno .Rcgrat Regis G U L I E L M I, III. Decimo Tcrtio. 130 f opit5 of Carl zeriv. a 3J 4 ~_____ mage, and Coils aforefaid ; and further to do anci receive that which our faid Court !hall then confider : And have there then this Writ, with your Doings therein : Hereof fail not. \Vitnefs E. H. Elq; at B. the Day of In Year of Our Reign. .Annoque Domini A. D. Clerk. - -9 W. ca. 2. • CHAP XIV. An Ail prefcribing the Form of Writs in Cafes triable before a juftice of the Peace. Q� it tinutet, by tje LieuteltaI1t dBo tttout, QLouuciI Bail incl re, fetltittife0, in d3eitetal Court at-EmiliaHaiti ft icescum tip dig2uttfjo�itp of tlje fault, That the feveral Forms of Writs and Pro - teas here under written, fhall be and hereby are efiablifhect to be the Forms to be granted and ufed in civil Caufes triable before a Juflice of the Peace. That is to fay tuminon' foz appearance+ ,S ____i TO the Sheriff or Marfhal of the faid County of S. or either of' their Deputies, orConflables of the Town of B. within the faidCounty, or to any or either of them : Greeting. In His Majefly's Name you are re- quired to Summon and give Notice unto 7. P. of B. aforefaid, &dd!ticn (if he may be found in your f'recin&) that he appear before me 7.D. Efq; One of His Majefly's Juflices of the Peace for the County aforefaid, at my dwelling Houle in B. on the Day of at of' the Clock. in the noon : Then and there to Aufwer to E. L. of M. addition In a Plea of To the Damage of the laid E. L. (as be faith) the Sum of Shillings : As !hail then and there appear with other due Damages. You are alto hereby further required to fignify unto the faid 7.. P. that he may not fail, in the Premiires, as he will Anfwer the Con- tempt at the Peril of the Law in this Cafe made and provided : And of this Writ with your Doings therein you are to make true Return unto my fe-if, at or before the faid Day of Dated at B aforefaid, the Day of In the Year of His Majefly's Reign. Annoque Domini, Warrant fo Contempt+ 5--(J: O the Sheriff or Marfhal of the Chid County of S. or either of their Deputies, or Conflables of the Town of B, within the faid County, or to any or either of them, Greeting. Whereas T.P. of B. aforefaid addition was lerved with Summons granted by me 7. `D. Efq; One of His Majefly's Juflices of the Peace for the County aforefaid, for his Appearance be- fore me on the Day of to Anfwer to E. L of M. addition in a Plea of And whereas the fain. P. hath made default in his faid Appearance : Thele are therefore in Pais Majefty's Name to will and require you to take the Body of the laid T. P. (if he may be found in your Precin6t) and him fafely keep, fo that he may be had before me the laid 7. D. at my Dwelling Houle in 1i. on the i !ay of at of rhe Clock in the noon, as well to Anfwer the faid E. L. of his Plea aforefaid, as for his faid Contempt ; and make true Return of this Writ, with your Doings therein unto my Self at or before the faid Day of Dated at B. aforefaid, the Day of In the Year of His Majefly's Reign. Annoque Domini, Capias 0 attacbment. 0 the Sheriff or Marla! of the &id County of S. or either of their Deputies, or Conflables of the '.town of B. within the faid County, or to any or either of them, Greeting. In His ;ijcfly's Naine you are required to attach the Goods or Eftate of T. P. of B. aforefaid 7.. 'i., 'ii.,• 1- u'tl! • Fib 3; - Juno Parti Reli t'y� P .r r v,-.. AJ GULIELMT,I1I. D cimoTertic% 1701. H P, r ti.- r� 1' 5h! .c i% Z'�.. t' 4 the Body of the faid T. P. (if he may be found in your Precin& ) and hint fafely keep Co that he m. -!y be had before, mc 7. a Ek1; One of His Majefly's Minces of tile Place for the County aforefaid, at my Dwelling Iloufe in B. on the Day of at of the ClocIc in the noon ; then and there to Anfwer to L. of' M. addition in a Plea of To the Damage of thc Paid _E. L. (as he faith) the Sum of Shillin e : As llh.all then and there appear with other duc Damages. Hereof fail nor, and make due Return of this Writ and of your doings there- in unto my felt at or before the faid Day of Dated at .8. aforefaid, the Day of In the Year of His Majefly's Reign. Annoque Domini,., tilie f lOn 0 tuben Soon' are attacbcDf ,S jr. rT-iO T. P. of D. in the County of S. addition Greeting. In Itis Majefly's.Name you are Commanded to appear before me 7. D. Efq; One of IIis Majefly's juflices of the Peace for the County aforefaid, at my Dwelling Houfe in B. on the Day of at of the Clock in thenoon ; To Anfwer unto E L. of M.addition in a Plea of' Which Plea the laid E. L. hath commenced to be heard and determined before me : A rad your Goods or Eftate are Attached to the value of Shillings for Security to fatisfy the Judgment which the faid E. L. may recover upon the aforefaid Tryai. Fail not of Appearance at your Peril. Dated at B. aforefaid the Day of In the Yea' of His Majefly's Reign. Annoque Vomini, . Cxccution 01, WaKtant of DJifttef14 ,S TPflanz 'the Third by thc Grace ofGOD, of England, Scotland, France and Ireland, KING. Defender of the Faith, '&c. To the Sheriff or Marfhal of Our faid County of S. or either of their Deputies ; or Conflables of the Town of 1?. within Our laid County, or any or either of them Greeting. Whereas E. L. of 1VI. addition on the Day of before .7. D. Efq; One of Our Tullius of the Peace for our County aforefaid recovered ,Judgment againfl 1 . P. of B. addition for the Sum of Shillings and Pence, Debt or Damage, and Shillings and Pence, for Charges of Suit, as to Us appears of Record ; whereof Ex- ecution remains to be done. We Command you therefore, That of the Money of the faid 7: P. or of his Goods or Chattels within yourPrccin&, at the Value thereof in Money, you craft to be levied, paid and fatisfied unto the faid E. L. the aforefaid Sums being Pounds Shillings and Pence in the whole ; and alto that out of the Money, Goods or Chattels of the laid T P. you levy twoShillings more for thisWlrir, together with your own Fees. And for want of fnchMoney,Goods or Chattels of the faid T. P's to be by him fhewn unto you, or found within your Precinct, to the Acceptance of the faid E. L. for fatisfying the aforefaid Sums ; We Command you to take the Body of the faid T. P. and him commit unto our Goal in B. And we Command the Keep- er thereof accordingly to Receive the !hid 1J. P. into Our faid Goal, and hint fafely to keep, until he pay the full Sums above-mentioned, with your Fees ; or that he be difcharged by the faid E. L. the Creditor, or otherwifc by Order of Law. Hereof fail not, and make Return of this Writ with your doings therein unto Our faid Juflice within Sixty Days next coming. Witnefs our faid Juflice at B. the Day'of In the Tear of Our Reign. Annoglle Domini, 7.71 ail) bz ft further cnocte° by the RititIjo,irp cifogaiti, That in cafe the Defendant in any Suit being duly ferved with a Capias or Attachment, and Return therefore made do not appear by hiinfelf, or his Attorney, Judgment fhall be entred up againfl him by Default. 13 ;t ; a oto ft 132 ZinnolteoniRecis GULIEL)`dII,III. D�ciinoTortio. `9 W. ca. z. Writs, Pleas, &c. to be in the Englifh Tongue. rtalcS to Ciba .r auu[eL CARP. XV. An Ad for Regulating of Trials in Civil Caul -es. enatttb lip the Vetum:int S313trilOtlr, Conniff anb 1Rcprc fentatibe0, fit .pelletal Court affetttlleb, (an bp tic sautbcratp of die tante, That all Writs, Procef%s, Declarations, Indiettnenrs, Pleas, Anfwers, Replications add Entries, in the feveral Courts of Juflice within this Province, shall be in the Engin Tongue, and no other. Circumflan- Aild that no Summons, Procefs, Writ, Judgment, or other Proceedings in tialErrors not Courts or Courfe of Juflice (hall be abated, arrcfled or reverted for any Kind to caufe an of circumflantial Errors or 1Vliflakes, where the Perfon and Cafe may be rightly Abatement.undcrflood and intended by the Court, nor thro' DefeEt or want of Form only : Amendments to be made. And the Juflices on Motion rna.le in Court, may order Amendment thereof: Stub be it fttrthtr cnatte° anb becttlrcb bp the I.utjo“tp atoeftlfi7, Coils to be That if any Perron !hall caufe Procefs to be fcrved upon another on pretence granted upon of Debt Trefpafs • or for anv other Matter or Caufe, and difcontinue his Suit, NonSuits, Judgment by Default. Juflices of Courts to make neceffa ry Rules for practice. To appoint their Clerk. Town Clerk to grant Sum- mons for Witnefs. Summons. Penalty on Witncfi'es for not appear- ing, • or be Non -Suit, the Juflices of the Court where filch Procefs is rettirnable, fha1I give Judgment for the Defendant to recover reafonable Coils. Arid in Cafe the Defendant in any Suit being duly fcrved with Proccfs, and Return' thereof made into the Court where the fame is Returnable, do not ap- pear by himfelf,or his Attorney, his Default (hall be recorded, and Judgment be entred up againfl him. thereupon ; unlefs before thejury be difinifs'd he shall come into Court, and move for a Trial ; in which Cafe he (hall be admitted thereto, upon paying down to the adverfc Party the Coils he has been at fo far; and the Plaintiff [hall pay for entring the Action anew. klub further it i0 enacteb, That as well the Juflices of the Superiour Court of Judicature, Court of Aflize and General Goal Delivery, as the Juflices of the lnferiour Court of Common Pleas, and Juflices of the Court of General Seflions of the Peace, in each refpc&ive County within this Province, be, and are hereby refpeetivcly impowred, to make necefhry Rulestor the more order- ly praelifing in fuch Lourt ; fo as that the faid Rules be not repugnant to the Laws of this Province : As alto from Time to Time, to appoint and fettle a Clerk to officiate in filch Court, and to do all Things proper to that Office ; Who Miall be under Oath well and truly to execute and difchargc the fame. Sallb be it furtrjer ciuuteb bp tljc 2titi)e4itp a.toz.efalb, That the Clerk of each Town refpeelively within this Province, as well as the. Clerks of the fe- veral Courts aforefaid, may, and are hereby refpe&ively impowrcd to grant Summons for Witnefs in Civil Caufes, direEted to the Party to be fummoned for Witnefs ; which Summons (hall be made out in Form following. That is to fay : B fJ. I'o A. B. of C. addition Greeting: OU are hereby Required in His IVlajefly's Name, to make your Appea- ranee before the latices of Our Lord the KING, at the next Court of to be holden at B. within and for the County of S. on the fT'itefday of to give Evidence of what you know relating to an A&ion or Plea of then and there to be heard and tried. betwixt „4..B of (L addition Plaintiff, and D. E. of F. add tion Defendant : :Hereof fail not, as you will anfwer your Default under the Pains and Penalty in the Law in that Behalf made and provided. Dated at B. the Day of In the Year of His Majefly's Reign. ./Innoque Domini, A. D. Clerk. And if any Perfon or Perfons who (hall be ferved with lawful Procefs, or Sum- mons to teflify, depofe or give Evidence concerning any Caufe or Matter dc - pending in any of the Courts aforefaid, and havipg tendred unto him or them firth reafonable Sum or Sums of Money tor his'or their Coils and Charges, as having Regard to the Diflance �f the Places is,'neceflary to be allowed in that Behalf, do not appear according to the Tenor of the Procefs or Summons, hav- ing , .A11110 Regni Rrgif G (1 L I E L M I, IIT. DecinioT'errio. rtranramma Twwf ,% r.'.IT *wit. .1"17 ..'_�. �1 >R•�. may. eT T.^.wlMTl �lT`1,R,IIIILRYCZ'AT1 170 I. 1 ing no lawful or rc.+fbnablc Lett or Impediment to the contrary ; that then the Party fo making Def au1t, .fh alI for every Offence l:,fe and forfeit forty Shillings ; anti (hall yield further i.ecompcnceto the Party aggrieved, according to theLofs and Hindrance that he fhall fill -lain by Reafon of the Non-appearance of fuch Witnefs or \Vitncfles : The faid Forfeiture and I)aniages to be recovered by Damages, the Party to grieved againfl the Offender or Offenders, by Ac`lion of Debt in howv to tie the Inferiour Court of Common Pleas within the fame County ; wherein no recoFered. Eflbign, Protection or Wager of Law to be allowed. And two Shillings per Dicni fhall be accounted due SatisfaCcion to any Wit- nefs for his Travel and Expenses ; and no more to be allowed in Civil Coutes And if filch Witnefs live within three Miles of the Place of the Court's biting whereto he is ftitlltlioned, and be not to pats any Ferry, than &).eSb J1 ng and. fix Pence per Diem fhall be accounted fufcient. And no Perfon ferving as a Juflice, Juror, Witnefs or otherwife ; {hall be required to ufe any other Ceremony in taking of their rcfpe(iive Oaths, than lifting up the Iland as has been accuflomed, . Zith it i5 further bcttarcb anb eta ttcb bp the 2utbotitp ,afogIafb, That it (hall be in the Liberty of the Party aggrieved, at the Judgment given in any Inferiour Court, of Common Pleas, to Appeal therefrom unto the next Supe- riour Court of ,Judicature to be held within or for the fame County. A.iicl he Party fo appealing, before his Appeal be allowed fhall give fufficient Security to profecute the fame with Effe& : and to anfwer and pay all intervening Dam - mages occafioned to the Appellee by his being delayed, with additional Coils, inCafe theJudgnhent be affirmed. AndExecution fhall be flayed and fufpendcd, until after the Trial had upon the Appeal. nb forth ey it to mato, That the Party Appellant filall produce and give in to theCourt where fuchAppeal is to be tried, attefledCopies of theWrir, •Judg- ment, and of all the Evidences filed in the Inferiour Court. And each Party Each Party to fhall be allowed the Benefit of any new and further Plea and Evidence. • have benefit of Saving always the Liberty of Appeal unto His Majefly in Council, as by niea and His Majefly s Royal Charter in that Behalf is provided. Ev,dcncc. $nib Or it furrier cnafteb tip the antjolfip aft:fp:llfh, That Execution in Execution not any Cafe !hall not be granted until the Expiration of twenty four Hours next ro be granted after the entering up of Judgment, in 24. Hours. And that no Perfon inlplitoned upon mean Procefs, fhall be held in Prifon upon titch Procefs above the fpace of, thirty Days next after the riling of the Court where the fame is Returnable, notwithflanding judgment thereupon re- covered; unlefs fuch Perfon be continued there by having his Body taken in Execution : Nor (hall the Prifon Keeper difchargc any fuch Prifoner having Judgment entred up againfl him, within the faid fpace of thirty Days after the Court's rifing, to the Intent his Body May be taken in Execution, but by fpe- cial Order of the Patty at whofe Suit he {lands committed, fignified in writing under his Hand. Nor fhall any Goods or other Elate attached to Refpond the Judgment that shall be recovered on Suit brought, be releafed or difcharged from litchi Arrefl until the Expiration of thirty Days next after rendering of Judgment for the Plaintiff in fuchSuit, to the Intent that he may take the fame by Execution for Tatisfying of fuch Judgment in Whole or in Parr, fo far as the Value thereof can extend, if he think fit ; unlefs the Judgment be fooner or otherwife fatis- fied : Any Law, Ufage or Cullom to the contrary notwithftanding. WitncfIes A 14 10wance. Ceremony to be ufed in 8 wearing. Liberty of, Appeal from the Inferiour Court, Sureties for Appeal how far liable. Execution flayed. Appellant to produce the (2afe, A C H A P. XVI. An Ace for Review in Civil Caufes. 0 the Latent there be no failure of Ju/lice ; and that the Party again % G. fel 4 6 (r whomSuit is brought, be not fore-cla. ca. ofed by a judgment given againfl him; 24G. 2, n. when as upon a new Trial he might be better provided of new and fur- 1, &r ther Evidence for his Defence ; which probably could not be obtained in fie Art Mae as by Law'is allowed for a Trial by Appeal: Perfons im- prifoned on meanProcefs, not to be dif- charged till 3o Days after Judgment. Goods or F.,- flate attacicd, not to be re - leafed in ;o Days after Judgment. • ea. !, d! €ii IOW 4 or:.l �t inCv�:p 1! 1 �1 ff;I.1111}111;i-, �� 4jt f70l. .fiwo Regni PIsGULIELMI, 1I1..hcciiim)Terri . ' 3 + 2.tto er0, rotim 211Ce sm x c nts, Review of Judgment given in the Superiour or Inferiour Court. Partyfeview- ing to bring the Cafe. IVa review to be bro't after 3Years. Saving. 1113e it matt, be the ttrttttitt itt c iberntiittr, JJtanctt a;;o tE eprevett• tatibet itt C3eneral Court attcmhicu, (tab bp air 2ur»o3,ftp of the fault, That it shall be in the Liberty of the.Party aggricnd at the Judgment given in any Inferiour Court of Common Pleas, or in the Superiour Court of judica- ture refpeetively, by new Procefs to Review the faid C.iufe once in'cachCuurt. And the Party bringing fuch Aaion of Review, fhall produce and prefent at- tefled Copies of the Writ, Judgment and of all the Evidences on File in the former Trial ; and each Party (hall have the Benefit of any new and further Plea and Evidence- Brovrded; No .Action of Review !hall be brought after theExpiration of three Years from the Time of rendring the Judgment, to be res iewed. Saving unto any Infant, Feme Covert, or Perfon non compos mentis, Impr'- foned, in Captivity, or out of this Province the Term of three Years next after their coming of full Age, or fuch Imperfe&lion removed, to bring his or her AMtion of Review ; and not afterward. Execution not 2u it io furlber eaacteb, That Execution fhall not be flayed or fitfpend- to be Raid by ed, for byor Reafon of any Procefs of Review : Any Law, U[age or Cullom *calor' of Re • view. to the contrary notwithflanding. A.ca. 1. 15.4. ca. z. Attorney's Oath. Fee. CI -IAP. XVII. Ah A irelating to Attorneys. 0 it enatdeb by the Lieutenant 0obcrnour) Council alit, t: prefeittatibeS, in 415enerat Court aftem ttb, nub by the ZutljoEitg of the faille, That the Plaintiff or Defendant in any Suit, may Plead or defend his Caufe by himfelf in his proper Perfon'; or with,the Af iftance of fuch other Perfon as he fhalI procure. Qtttb 132 it.furtbty ettctttel, That all Attorneys commonly pra&ifing in any bf the Courts of Juftice within this Province, 'hall be under Oath, which Oath lhall be adminiftred to them by the Clerk in open Court before the Juflices of the fame, at, the Time of their being admitted to fuch PraEice ; in the Tenor following; ...:2'hat is to fay ; OU /hal -do noFalfhood, nor content to any' to be done in the Court, and if ou know of any to be done, you . hall giveKnowledge thereof to the j ofi- y ces of theCourt, or force of them ; that it may be reformed. Yam !hall not wit- tingly and willingly, promote, fue or procure to belted any fa fe or unlawful Suit nor give .Aid or Gonfent to the fare. • You Jhall delay no Man for Lucre or 1Vla- lice. But you (hall ufe your felf in the Office of an Attorney within the Court, according to the bell of your Learning and Vifc•retion, and with all good Fide- lity as well to the Court as to your Clients. So help you GOD. And the Fee to be allowed for anAttorney in the Superiour Court of Judica- ture, fhall be twelve Shillings ; and in the Inferiour Court of Common Pleas ten Shillings, and no more : And but one Attorney to be paid for in any Cafe. And none but fuch as are allowed and fworn Attorneys as aforefaid, (hall have any Fee taxed for them in Bills of Co{t : Any Law, Ufage orCultom to the con- trary in any wife notwithflanding. CTAP. XVIII 'An Aft prefcribing the Form of a Warrant for colle&ing of Town Affefsments, & ce tret it =deb nub obaincb btrio Lieutenant c?btternonr, Cciuncil 4 G. 2, ca. t. anti 1.eprefcntatibel; itt coeval Court affetttble , inti lip tF;e 30 G.z, ca. i. autbovitp of the fame, That the Warrant to be ifl'ited by the Sele'l- Men or Afl'efTors of the refpeEtive Towns, for the collecting and gathering in of Town Rates or Alfefsnients, fhall be made in the Form or Tenor following, S ea That is to fay : • A:,:oReguiRegis 0 t1L!ELM .I, III.;DecimoTertio, ' Orobthing to Cate.Of 5 f To theCor f able o'rCn flables of theTown ofA. A.. within theCounty of S; and every of them, Greeting. N His Majetly's Naini yor, are required to levy and 'collect: of the feveral Perfons named in the Lill herewith committed unto y, each nhis - f peetive Proportion (therein fit down; of the Sum total ofottEach Lifto; e beingrea T ax or Afl'efsmenr granted and agreed upon by the Inhabitants of the Paid Town of A. regularly a(Iembled, for defraying of the necefl<ary Charges arifng with- in the fame : And to deliver and pay in the Sum arid Surns which you (hall fo levy and colic& unto A. B. Trcaftirer of the faid Town,where any filch is ap= pointed) of to the Sete& -Men ; or to C D. ( who is byteem a oinreolld to ons re- ceive the fame)and to compleat and make itan Account oft Ce�li P, Y of the whole Sum, at on or before the Day of And if any Perfoii or Perfons {hall neglect or refute to make Payment of the Sum or Sums where- at Ise br they are refile&ively naffed and fet in the faid Lift, to diffrein the Gbods or Chattels of filch Perfon or Perfons to the Value thereof, and the Diflrefs or Diftreffes fo taken, to keep by the fpace of four Days, at the Colt and Charge of the Ownet ; And if the Owner do not pay the Sum or Sums of Money fo afleffed upon hirci within the faid four Days, then the faidD if:lrefs or Diftrefles fo taken, you are to expofe and openly fell at an Otit-cry, for Pay. ment of the faid Motley and Charges : Notice of filth Sale being potted up in time piublick Place within the fame Town, twenty four Hours before Hand And the Over -plus coining by the faid Sale (if any be) betides the Sum or Sums of the AfTefsrrient and the Charges of taking and keeping of the Diflrefs and Diflreffcs, to be. immediately reftored to the Owner. And for want of Goods or Chattels whereon to make Diftrefs, you are to felfe the Body or Bodies of the Perfon or Perfons fo refuting, and him or them commit unto the Common Goal of the faid County ; there to remain until he or they pay and fatisfy the feveral Suni or Sums whereat they are refpeetively afi'efTed as aforefaid ; unlefs upon Application Made to the Cotirt of General Seffions of the Peace, the fame or anyPat t thereof !hall be abated. Dated at A. the " Day of in the Year of His Nl:jetty's Reign. Amor Domini, Saii be it further cltadeb bp tie 2utijo itp, aforefaib; That when the Officer appointed for colleeling any Rates or Afrefsments by Virtue of frill Warrant as aforefaid, fhall feife the Bocly of any Perfon or Perfons for war( f Goods or Chattels whereof to make l:Atli-els, and [hall commit him or thet. -o Prifon ; he !hall give an attefled Cdpy of his Warrant unto the Keeper of the Prifon, and thereupon certify under his Hand the Su to or Sums fat Perfon or Perfons are to pay as their Proportion to the AfTefstiient, and that for want of Goods or Chattels whereon to make Liflrefs, he has feifed his or their Bodies : Attetledbop x And fuch atteftedCopy with theCertificate thereon tinder the Hand of the OFR- of the War- der, fhall be a fufficient Warrant to require the Prifon Keeper to receive and rant, td be gra:- hold fuch Perfon or Perfons in Cdflody, until he or they tha11 pay their Rates ven up ott or AfTefsments as aforefaid, and Charges of Imprifonnient : with one Shilling Commitment. for the Copy of the Warrant. '170T. 135 i .+•,.tilal..... - - 4- ubi u. In'. Lin..! .!,e. ii. .. qF 41 CHAP. XIX. An A& providing in ,Cafe of Sicknefs. (It it enatteb bp the Lieutenant d5obernout, CCOtidcil nub Et= prefenratibco iit C1Fettcrttt court ntfciubleb, nab tip the ztctl5o= Ad itional t'irp of the. ftitne, That for the better preventing the Breading of 24. G. Z, ca 6. Infec`lion, when it shall happen any Perfon or Perfons coming from Abrd'ad or 36 G. z. ca. z. belonging to any Town or Place within this Province to be vifited ; or that late 31 G. z. ca. 3 - before have been vifited with the Plague, Small(Pox, peftilential or Malignant Fever, or other contagious Sicknefs, the Infection whereof may probably be Bele&-men to rovicommunicated to others; the Select -Men of filch Town be, and hereby are the S ck.for impowrcd to take Care, and make effectual Provifion in rhe belt Mariner they S sari, '1 • 170r. :hnno Reign; Regis •G U L I E L M I, III. D.;einio Terrio. 36 icjiool anb aOc r Towns to pay the Charge of theirownSick, Juftices to make out Warrant for imprefng Lodgings &c. JufiiCes im- powred to prevent Per- fons coining o iShoar from any Veffels vifited with Sicknefs. Intelligence to be tranf- mitted to the Gotrernour. 4 & Ill. ca. 11. 4. G. ca. z. it/i.ca, I. can, for the Prefervation of the Inhabitants ; by removing and placing fuch fick or infe&ed Perfon or Perfons, to and in a feparate Houle or Houfcs, and by providing of Nurfes, Tendance and other A(liliance, and NecefThries for them ; at the Charge of' theParties themfelves,thcir Parents or Mailers (if able) or otherwife at the Charge of the Town or Place \vhereto they belong. And in Cafe it happen any Perfon or Perfons to be vifited with Sicknefs in any other Town or Plate than that whereto they belong, and thereby occafion a Charge to filch Town ; the SeleEt-Men {hall lay the Account thereof before the Juftices in Court of General Seffions of the Peace within the County where the Town lies, whereto fuch Perfon or Perfons belong ; and the Juftices hav- ing adjutled the Account of fuch Charge, and allowed fo much thereof as they fudge reafonable, {hall order Payment thereof to be made by the Treafurer of' fuch Town ; when the Perfons themfelves, their Parents or Matters are unable to pay the fame. And when it fhall happen fuch indigent Perfons not to be Inhabitants, or belonging to any Town or Place within this Provinca, and the 'proper Charge thereof in Cafe'they need Relief ; then the Charge of their Sick- nefs !hall be defrayed out of the publickTreafury of the Province, by Warrant from the Governour, with the Advice and Confent of the Council. glib be it fttrtlj' cr tiiacteb by die 4.ut jality aforefaib, That if need fo require, any two Juftices of the Peace may make out a Warrant direEted to the Sheriff of the County or his Deputy, or Conftables of the Town or Place where any fuch fick Perfon or Perfons {hall be ; requiring them or any of them in His Majefly's Name, with the Advice and DireEtion of the SeleEt- Men of the fame, to imprefs and take up convenient Houfing, Lodging, Nudes, Tendance and other Neceftaries, for the Accommodation, Safety and Relief of the Sick. 211tH be ft Ruttier cnatteb lip the antbeqitp atolefaib, That if any Perfon or Perfons, Seamen or Pa(fengers belonging to or tranfported in any Ship or Veflel, arriving to any Port ot Harbour within thisProvince happen to be vifited with the Plague, Small-Pox,peflilential or malignant Fever during the Voyage ; or to come from any Place where fuch Sicknefs prevails and is common, any juflice or Juftices of the Peace within the County to whom the Notice or In- formation thereof (hall be given, {hall forthwith take Care to prevent and re• fir t all Perfons belonging to, or tranfported in fuch Ship or. other Vell"el from coi ;ing on Shoar ; and if any be before on Shoar, to fend thein on Board again ; as tiffo to reftrain Perfons from going on Board fuch Ship orVeflel : And to that End may make out a Warrant dire&ed to the Sheriff of the County or his De- puty, or Conflables of the fame Town ; who are accordingly impowred and required to execute the fame. And fuch juflice or Juftices, are forthwith to tranfmit the Intelligence thereof to the Governour or Commander in Chief for. the Time being; who is hereby impowred, with the Advice and Confent of the Council, to take fuch further Order therein as they fhall think fit, for preventing the fpreading of the Infe6tion. CARP. XX. An AEt in Addition to an Mt for the Settlement and Support of Schools and School=Mafters. HEREAS it is by Law appointed, "That every Town within this frfr7r Province having the Number of fifty Houfholders or upwards, " shall be conflantly provided of a School-Mafter, to teach Children and Youth to read and write. And where any Town or Towns have the « Number of oneHundredFamilies or Houfholders, there (hall alfo be aGram- " mar School fet up in every fuch Town ; and fome difcrect Perfon of good " Converfation, well inflruOed in the Tongues, procured to keep filch School. Every fuch School-Mafter to be fuitably encouraged and paid by the Inha- « bitar..nts. rbc O1 fervance of which wholfome and necefary Law is {pante. ,fully zh r A'nro Begun Regis GULIELM I, III. DecimoTertio. �urcljafes of tans' from the nbtanL, fully nealcc`led by divers Towns and the Penalty thereof not required, tending greatly to the JVcur;f6ment of Ignorance and Irreligion; whereofgrievousComa plaint is made : For Retirees of the fame 15e it eitatteb ant' beclareb bp the Lieutenant db®bernorir, cotliicil< anb littptefentntito in ecnzmai Court afi£mblcb, curb hp the kltttjolitp of the f iu w, That the Penalty or Forfeiture for Non-obfervance cf the faid Law, hall henceforth be twenty Pounds per Annum ; and fo proportionably for a letter Time that any Town (hall be without fuch fettled Scho*l-IVlafler refpc&ively; to be recovered, paid and employed in Manner, and to the Ufe as by Law is direEted : Any Law, Ufage or Cullom to the contrary notwith- flanding. Every Grammar School-Ivlafter to be approved by the Mininer of the Town and the Minifters of the two next adjacent Towns, or any two of them ; by Certificate under their Hands. 20ti be it fur-tl et cnactai, That no Minifler of any Town fhall be deemed, held or accepted to be the School-Mafler of fuch Town within the Intent of the Law. And theJuflices of Peace in each refpeEtiveCounty are hereby direetedtto take effeaual Care, that the Laws refpe&ing Schools and School-Maftei s, be duly ob- ferved and put in Execution. And all Grand Jurors within their refpe&ivc Counties, .{hall diligently Inquire and make Prefentmcnt of all Breaches and Negle6t of the faid Laws, that fo due Profecution may be made againff the Of - I70I. 137 Penalty for Non obfer- vance of the Law. Grammar School-Ma- ffers to be approved. No Minifler to be a School Matter. JufIices to fee to theOb- iervance of the Law. GrandJurors to inquire and preteent Brea - fenders. ches thereof. CHAP. XXI. An Ad to prevent and make void Clandefline and Illegal Purchafes of Lands from the Indians, HPREAS the Government of the late Colonies of the Ma(Tchufetts- Bay and New -Plymouth ; to the Intent the native Indians might not be injured or defeated of their jut/ Rights and Pofefons, or be imp%d on and abufed in felling and dirnfng of their Lands ; and thereby de- prive then(elves offuch Places as were fuitable for their Settlement and Im- provement : Did by an A& and Law, paired in the {aid Colonies refpeEtively many Years fence, inhibit and fou bid all Perfons purchafing any Lands of the In- dians, without the Licence and Approbation of the General Court. .Notwith- /landing which, fundry Perfons for private Lucre have prefumed to make Puri - chafes of Lands from the Indians, not having any Licence or Approbation as aforefaid for the fame, .to the Injury of the .Natives, and great Di fquiet and Vi fiurbance of many of thelnhabitants of thisProvince in the peaceable Poi fefion of their Lands and Inheritances lawfully acquired : Therefore for the vacating of fuch illegal Purchafes, and preventing of the like for the future : 1i1.3e it enacteb anb bedaub by tie ILitlltenalit dobetnour, council null Iit.eprefentatibcgi, in Mural Court aflcinbErb, nab bp try 2ttt j' oritp or the fable, That all Deeds of Bargain, Sale, Leafe, Relcafe, or Qiiit-Claim, Titles and Conveyances whatfoever,of any Lands,Tenements or Hereditaments with- in this Province, as well for Term of Years as for Ever, had, made, gotten, procured or obtained, from any Indian or Indians by any Perfon or Perfons. whatfoever, at any Time or Times (ince the Year of Our Lord, One Thoufand fi.. Hundred Thirty- thred, without the Licence or Approbation of the refpeaivc General Courts of' the faid late Colonies, in which fuch Lands, Tenements or Hereditaments lay; and all Deeds of Bargain and Sale, 'Titles and Conveyances whatfoever of any Lands, Tenements or Hereditaments within this Province, that (ince the Efiablifhment of the prefent Government, have been, or (hall S z hereafter Preambles All Deeds of Bargain, Sal e, &c. front 1',- dian, without Licence, Va- cated. if { 1701. Anno Regni Regis G U L I E L M I, III. Deciino Tcrtio. 738 fabat Office. • • Pro'vifo for Towns or Perfons ha- ing Tido de- rived from theGener al Court. Saving for Lands lying Ealtward of Pircataqua River, atllfar- rha's•Vine}ard andNanteeckel. Penalty on Perfons that Mall make Purchafes without Licence. ,Leafes of Land from the Indians to be approved by the Court of Seffions of the Ream Provifo for Sale, from In- dian to Indian. 0 hereafter be had, made, obtained, gotten or procured, from any Indian or bull. - am, by any Perfon of Perfons whomfoever, without the Licence, Approbation and Allowance of the Great and General Court or Affernbly of this Province for the fame, !hall be deemed and adjudged in the Law to be Null, Void and of none Effete. • Provided neverthelefs, and it is notwithflanding hereby cnarttb anb Perla. rib, That all filch Pm -chafes, Releafes and Titles, heretofore had or obtained from any Indian or Indians, by any Town or Perfon whatfoever, of any Lands or Hereditaments which fuch Town or Perfon alfo hold and enjoy byVirtue of any Grant or Title made or derived by or from the General Court of either of the Colonies aforefaid : And all Releafes, Purchafes, Conveyances and Titles, which any Town or Perfon fhall hereafter male, procure or obtain of any In- dian or Indians, for any Lands, Tenements or Hereditaments, Granted or that (hall beGranted by thcGeneral Court to fuch Town or Perfon before fiichPur- chafe or Title made or obtained from any Indian or Indians, (hall be, and here- by are excepted out of this Ad., and be held for Good and Valid in the Law : Any thing herein contained notwithfianding. Provided alio,. That if anyPerfon or Perfons, orTown in this Province to the Eaflward of PifcataquaRiver, have heretofore purchafed or obtained any Indian Deed or Title for any Lands, Tenements or Hereditaments in thole Parts ; or if anyPerfon orPerfons have heretofore purchafed or obtained any Indian Deed or Title for anyLands,Tenernents or Hereditaments in the Ifland ofCapawack, alias Martha's -Vineyard, or theDependencies thereof,now known by theNa me of Dukes County, or in the Nand of Nantucket, for further Confirmation of their other lawful Tides and Pofle(lions : This Ad, or any Thing therein contained !hall not extend or be conflrued ro extend in any wife to vacate or make void fuch Indian Deed or Title : Any Thing herein contained to the contrary notwithflanding. AHD fie it fuitljcr enacteb bp tlje Outriegitp aforctaib, That if any Perfon or Perfons whatfoever, shall after the Publication of this Ad, prefwne to make any Purchafe, or obtain any -Fide from any Indian or Indians for any Lands, Tenements or Hereditaments within this Province, contrary to the true Intent and Meaning of this A& ; finch Perfon or Perfons fo offending, and being thereof duly conviaed in any of His Majefly's Courts of Recoi d within this Province, fhall be punifhed by Fine and lmprifonment, at the Difcretion of the Court where the Conviction Thal l be ; not exceeding double the Value of the Land fo purchafed, nor exceeding fix Months Itnprifonment. 210 be it further enacteb bp tije SiIutjcgitp afozcfaib, That all°,cafes of Land that !hail at any -Time hereafter be made by anylndian or Indians for any Term or Terms of Years, shall be utterly void and of none Eflea ; unlefs the fame' be made by and With Licence lirfI had and obtained from the Court of General Seflions of the Peace in the County where fuch Lands lie. Provided neverthelefs, That nothing in this Ad 'hall be taken, held or Teemed in any wife to hinder, defeat or make void any Bargain, Sale or Lcafe f Land made by one Indian to another Indian or Indians. CHAP. XXII. An Aet for eftablifhing of a Naval Office, and for afcertain- ing of the Fees. it maw by the lieutenant(13obcrnotir, Council anbRetire: fentatibeo, in General Court ntCentbleb, flub bp t t $lutijeozitp of tfje faille, That in every Sea Port within the Province, there be an Office kept, to be called and known by the.Name of theNaval Office, as has been accuflotned ; for the entring and clearing of all Ships and other Vefl'els trading to or from this Province. And the Fees to be demanded and received in the laid Office 'hall be there following, and no other. That is to fay : For .shim Regal A N N IF, Regiri,cPrimo. 2tbittion to the Act of tbe ., For entring of Ships and Ve&ls trading to this Province from Abroad, (excc]-t from the Provinces and Colonies of Pen- jyivania, New -Fork, Eafl and TJe/l- ferfeys, Connec`licut, Rhode-I/land, and New-Hampfl ire) One Shilling each. And for \ effels trading to or from either of the fluid Provinces or Colonies, four Shillings per Annum ; or fix Pence Entry and f,•xl ence Clearing each Voyage, at the Mailer's Choice. For examining and, recording Certificates that Bond is given ac- cording to the Ads of Navigation, two Shillings. o0 02 o0 For Bond given according to the Ads of Navigation. 00 02 oo ForC]earing and Certificate of the. Lading, two Shillings & fixPence. o0 02 o6 Th Le it further tnactcb bp the 2;ttjolitp afoul*, That if any Perfon employed in the Paid Office, fhalI demand or take any otheror greater Fees than by Law are allowed, or shall illegally delay and defer the entring or clearing any Ship or other Veffel ; filch Officer' fo offending fhall be liable ro double Coils and Damages, being thereof' duly convi&ed in an of His MMrlajcfly s Courts of Rccord within this Province: y 1702. 139 s, d. 00 O I 00/ .An A&, Paffcd by the Great and General Court or Afl'embly of LlerMajeffy's Province of thelVfajchufetts-say inNew-Englarid,Begun and held at fiVon upon Wednefday the twenty-feventh of Aly, 1702. CHAP. L An Aat in Addition to the At for Regulating the Militia and for Explanation of a Claufe in the Paid Ad. 9 ETRE AS in tbeEnumeration of Perfons exempted fromrrainings by the .48 Intituled, An Act forRegulating of theMilitia,PerfonsLame s tl. & f ; or or erw fe difabled in Bodyproducing Certificate from two able ca• 7• Chyrurgeons) are included. And whereas di ersPerlons fit and able forSel-vice by corrupt and fallaciousMeans do obtain fuchCertificates from fomePraaitioners inChyrurgery in elution of theLaw, and contrary. to the truelntent and Meaning thereof; and thereupon prefume to neg/ea their Duty, and plead an Exemption with Difregard to their Officers, having no orderly D fnt�0n from them : For Remedy whereof : 115e ft en,tcteb anb ger areb tip WO oe ceiicncp tje L obetltour, qtoutt= tit aith 1:tiepttfetttatibeq in Ocnci•at Court nffcz tbteb, anb bp the ati: Lamererfona tbo lrp of tj e facile, That no Perfon or Perfons whatfoever fhall at a-„ititif5' cr be d from ny Time hereafter, by Virtue of any Certificate already given, or to be Training,&c. given by two Chyrurgeons as aforefaid, be excufed or exempted from bearing without AP - Arms, and attending Trainings, and other military Exercifes and Duty in the probation of Troop or Company whereto they refpedively belong, and are inlifled; or from theiroflicers, Imprelfcs for Her .Majefly s Service, unlefs for Luff Caufe they firft obtain an orderly Difiniffion under the Hands of the Commiffion Officers of fuch Troop or Company. And in Cafe they unreafonably refufe the fame, then of the Ett Field Officer of the Regiment whereof finch Troop or Company is Part; .or of the Captain General or Commander in Chief, for the Time being : Any Law, IJfage or Cullom to the contrary notwithflanding. ACTS OA • • 1;( 4 11,11,1,11 111'I,I .,II 1, 11 III I 010) _ 1 • 1702. 140 S,4.ca. 1. Preamble. 111 I , I , „ 1 1 I d 1 11 1 1 1 1 1 111 L 1,1 II I pi , !III I Anno Rep/ A N N lE Regio Primo. .I 1 ,. jGrtfotter% fob itljeft. rapport of .�tnt ler A&s and Laws, Paired by thc Great and General Court or Aflembly of Her Majefty's Province of the Maffachufett.r-Bay in New -England : Begun a n d held at Ballo') uponWednefday the twenty-fevcnth Day of May, 1702. And continued by feveral Prorogations until Thurfday the fifteenth of Oflober following ; and then fat at Cambridge. 1 11 Id 1 1 In 1 I11.n , it IdaQl. iir111 4 III CHAP. II. An Ad to prevent Charges arifing upon the County for Prifoners committed for Theft. INASMUCH as it often happens, That Perfons convieled of Theft, and fentenced to make Re/litution to the Party injured as the Law direclr, are held long Time in Prifon ; having not wherewith to fatisfy their Creditors, or to pay for their Keeping otherwrfe than by Service ; thereby occafioning great Charge to ars c upon the County For Remedy whereof : 115e It mutat bp 1.i ' 1;'tellencp the d ou rnaux, Council alit' ' tepecfclt: Prifoners for tatibeci 18 dscit£r'at Coat nticuzlileb, anti it f eltacteb bp the Q1tli'jo*p of Theft not to Abe fame) That hence -forth no Perfon or Perfons convicted and fentenced for be held more than 3o Days 'committing of Theft, fhall be held, or continued in Prifon for and on account afterSentence of Reftitution or Damages awarded to the Party injured, for more than the unlefs, -.'pace of thirty Days next after fuch judgment or Sentence given ; Unlefs the Creditor will become engaged, or give Caution to the Keeper of the Prifon to pay and fatisf his Charge and Expellee in keeping of fuch Prifoner both for Time y 'Three Shillingsper Week. 'aft and future, not exceeding . g And inCafe the Creditor (hall refufe or neglect fo to do and lhall not difpofe Beepers Pow- of or take fuch Prifoner in Service ; or otherwife releafe him, the Keeper fhall thePrifoner in no longer be chargeable with er to difcharge fuch Prifoner, but may fet him at Liberty ; Any Law, Ufage orCuf}om w the contrary in anywife ow i hf fandFees Cl Arid in and every fuch Cafe the Prifoner (hall pay and fatisfy his and if he be unable, then upon Application made by the Keeper to any two Juftices of the farneCourt Q,uorumUnus ; fuch twoJuflicesare >her imp ifored vvre and to adjuft and determine theSurnto be paid, and to orderenjoyn the to make Satisfaelion by Service for fuch reafonable Time as they (hall afTign, for which Term the Keeper may difpofe of him in Service to any of Her Majefty's ngli/h Subje&s. , Slab ft i furtfjev Marihp tfje atttbolitp afotefaib, That tf any coon, till, Suit or Information (hall be commenced or profecuted against the Keeper of fuch Prifon for what he (hall do in purfuance of this Acs.; he may plead the general lffue, Not Guilty ; and upon Iflue joynedfecLltor give this econ e NoACI and n fpecialMatter in Evidence ; And if the Plaintiffor Profecutor ll b fuit, or fuffer a Difcontinuance ; or if Verdict pafs againft him, the Defendant fhall recover Colts and Damages for the Molefiatron. preamble C H A P. III. An AEI more effe&ually providing for the Support of Minders. P/7HEREAS info= few Towns and 27i/lrifts within this Province, divers of the Inhabitants are Qakers, and others irreligious Per. fans, averfe and oppofite to the publicWor/hip of God, and to a learn- ed orthodox Miniflry ; and find out Ways to elude the Laws provided for the Support of fuch, and prevent the good Intentions thereof ; to the Encou- ragementof Irreligion and Prophanene fs • • ,4`` 4.A415014:1111DrY t—.'IfaN4MM^rti S.'n-yea5.P1,1',4iteIF.Y. I.I.i e..11MASS&a 1.11101 Oil!! h, J I I ill ll i p h i 11 1. III. .L 11 1..6. 1 1 1 1, .1 1 .1, 11111 1 II 1 11, 11 u1.,1 A • -O d4/1/19 ill 1.12 u., . ,tl . 1u. ,191.14 in 1...,•L.0.4.01:,,..„nallni+ i'4111. 11114 a.inhta000e.001wWWiiiwWp0A14•LWY1 A N N . Remrc Primo. 1702. 10, wpb of t of 4. turners 16:1016.1../..4.0.40 04.•••4.10,:4•0:, aft 1•10•••••00•••,...040 00... **._ 1.:4•.••••••1 For Remedy whereof : And in further Addition to the AO, Intitled, An SI 4 IV ec M. ' tr. for the Settlement a,:d Support ^f 1V7iniflers and Scb,ol-Ma//ers, Made in ca. & the Fourth Year of the Reign of King William and Qeen Mary : And M. ca. zo; the Additions thereto heretofore made ; 7 TV, ca, 9• Ze it cnattcti bp Etcllcllcp the c115obcrnour, Coruna alto Ecprcfelt= ttrtilitN, in «citcrat- Court affcmfhlch, anti bpi 'tie Siutlynitp of die fame, That when and fo often from Time to Time, as Information or Com- plaint fhall be made to the Court of General Seffions of the Peace in :Joy Coun- ty, that thc Minifter of any Town or DiftriCt within fuch County, qualified as abovefiid, is not fuitably encouraged, fupported or maintained, according to his Contract or Agreement. made with the Inhabitants ; or according, to the Al- lowance and Maintenance ordered him by the Court of General Seffions of the Peace as the Law directs where there is no fuch Contract, or that the fame happen to be expired, by Reafon that the Select -Men or other Affcffors of fuch Town or DifIrict, do refufe or negle t to afl'efs and raife fuch Mainte- nonce, and caufe the fame to be levied upon the Inhabitants ; or that Payment thereof is withheld from the Minifter : In every fuch Cafe, the fail Court is hereby direEted and further impowred, over and above the impofng of the Fine by Law fet upon fuch delinquent Select -Men or Affel'ors, to appoint three or more fuffiicient Freeholders within the fame County, to afTefs and apportion the Sum agreed or fet for the yearly Support and Maintenance of fuch Minifler, either by Contra& or Court Order, upon the Inhabitants of fuch Town or Di- ftric}, in Manner as is directed for the railing other publick Charges ; and to prcfent the Lift of fuch AiTefsment unto two Jul -flees of the Peace of the fame County; Q,uoruna Unus ; who are hereby impowred and required to make out and affix a Warrant thereto, directed to the Conflables of fuch Town or Di- firict, in Form as is by Law prefcribed for the levying and collecting of Town Rates or Affef'sments, Mutatis Mutandis ; requiring them to colic& and levy the Sum total of the faid Lift, and pay in the fame unto the Minifter ; or to fuch Perfon as fhall be appointed by. the Seflions to receive the fame to his Ufe; And fuch Conflables failing of a due Obfervance and Execution of fuch War- rant, (hall incur the like Pains, Penalties and Forfeitures, as for not colleting and paying in any other Rates or Afl'efsments to them committed.. And the Court of General Seffions of the Peace is further directed and impowred, to order meet Satisfaction to be made unto theAffeflors fo appointed, for their Pains and Trouble, out of the Fines fet upon the delinquent,Select-men or Afl"effors as aforefaid. And the remainder of the faid Fines, (if any be) to be paid to the County Trcafurer for defreying the necefhary Charges of the County : Any Law, Ufage or Cuftom to the contrary in any wife notwithftanding. Coutt or Ge- neral Seflions Power to ap- poiutAfleffors. Two Juflicc, to ,Make out a Warrant fox colleaing. Satisfaaion to be given to the Affeffors. Qtnt be it thriller cnacteb by the Oittijo ftp afoefnlb, That the Inhabi- Inhabitants of tants of each Diftrict or Precinct rcfpectively, regularly fet off frons any Town, Diftrias their 'hall be, and are hereby impowred to name and appoint a Clerk, as 'of right Power. Towns by Law have ; as alfo Affeffors for the affeffing and railing a Main- tenance and Support for the Minifler of filch Diftriel or PrecinEt; and to make out a Warrant in Form as by Law prefcribed'for Town Rates Or AfTefsments, directed to thc Conflable of the Town or Di{tria, for the collecting and levy- 4 GG. ca ing of the fame ; who is required to execute fuch Warrant accordingly. And 7•F' in Cafe the Afreflors fo appointed, (hall refufe or neglect that Service, the Se- leEt-men of the Town from whence fuch IDiflrict or Precinct was fet ofF, (hall * . and are hereby`rcquired to afl^efs the Inhabitants of the fame, the Sum agreed upon or fet for Maintenance of the Minifler thereof. It WI JQ �o Regni A N N .t Piewime.Primo. Commiffion of ciucri CHAP. IV, An Ad for appointing Comrniffioners of Sewers, irikle.'�7'-HEREAS great Quantities of Meadows and Low Grounds belong- ing tofundry Perfons in feveralTowns, are fpoi led by the Overflow- . of Rivers, Brooks and Waters occafioned by Banks and Stoppa- ges in their Courfes, which by Indui'lry may be removed, to the Benefit and Profit of theOwners :And alto muchMeadow and Pa/lure Lands might be gained out of Swamps and other rough and unprofitable Grounds, by drowning 'wind dreyning 'the fame. To'fhe intent'therefore •that theOwners -of filchLands andAleadows maybe ncozuraged,'and+enabledto remove fuchObfiruddions as occafion fuchOverflows ; and to damin and flow theirSwamps and otherGrotnds, and thereby Bring them to Meadow or Paflure, that they may be made profitable to them: „ 3% it 'cilium by bio exultant) the Onernour, Council anti lie= overnour& prefentati is , in (Mural Court atfemblcb, aro tip t[ie 2utl)oritp af' Arno Regal A N N tE , Prim° Secunda. .terns 102. amp Council to grant Com - millions of &ewes,, Commifio- rs Power, Corrimifio tern to be .Sworn, tfje fame, That it shall be in the Power of the Governout and Connell from Time to Time, uponRequeft to them made by the major Part of theProprietors of any fuch Lands, to grant Commiffioners of Sewers to fuch and fo many able and difcreet Perfons, as to them (hall feem meet, for the clearing "and -removing of the Banks and ()Vitaions of the Pafl"ages of the Waters in Rivers, Brooks tr Ponds, that occafion the Overflows and Drowning of Meadows and low Land's; 'and alfofor"the damming and flowing of Swamps and other unprofitable 'Grounds,, and dreyning of 'them. By which Commiffions, the faid Commiffi- "oners than be irnpowred to meet and convene together from Time to Time as Occafion may require, toView, Confider, Confirlt and Contrive fuch Ways and Methods for the clearing and'removing the ObflruEtions aforefaid ; and for the drowning and dreyning ofSwamps and other unprofitableGrounds : nd to em- ploy Workmen and Labourers for frith reafonablc Wages as may be agreed on, for the effeEting the Premifes ; and froth Time to Time TO aflefs and tax all fuch Perfons as may or '(hall be Owners of' fuch over -Bowed Lands or Mea- "dows, or fuch unprofitable Swamps and Lands as aforefaid, towards the Charge thereof ; having regard to 'each Perf©n's quantity of Land and Benefits to be 'reedited thereby, as equally according to their belt Judgment as they can ; and alfa to appoint and fwear a Colleeior orColle(Fors, for "thc'collecting and gather- ing and paying in'the fame to fuch Perfo'ns, as by the faid Commiffioners (hall be appointed Ito receive it ; with Powers to difrrain all filch Perfons as fhall neg- le& or refufe to make Payment of his, her or their Parts 'or Proportion Tet and a1Th1 ed as aforefaid, in fuch Manner as iin 'the Province Rates and Taxes by Law may be done, and to call before themfelves the faid 'Colli&or dr Co)leC tors to Account for his or their Betruftments, with Reference to rhe Premilles, pito .fti tfjcr be it CII&.tteb b'p ,tire sat[thi�:;ftp tifo**tib, 'What the faid Commiflioners (hallbe Sworn for the faithful Difcharge of their rotand flnall receive fuch Salaries out of the faid Aflefsments. for their Time and Expcnces touching the Premiffes, .as the Governour and Council (hall appoint ; unto whom the faid Commiflidners fhall be accountable when they (hall be there - Unto required. ,. anti Wit Tah'it'i '0I6iteb by tije b-fo effort, That in 'cafe, it !hall fo happen that any Proprietor of zny filch Lands or Meadows to be drown - cd or Dreyned as aforefaid, (hall be linable ; or othcrwife negle& 'to pay his, her, or their Part .or Proportion of 'the faid Rates dr Aflefstnents ; it !halt and may be lawful 'to and for the other Proprietors concerned therein to pay the faid Afl'efsmment, and to hold the faid Lands and Meadows fo long iYnr it the Rates and Profits to be "received of thole Lands may Reimburfe them ; and the Com- miflioners aforefaid !hall determine the Time how long. Providedalways, That it !hall be in the Liberty of any Perfon aggrieved at any Procedure had or made by the faid Commiffioncrs, or airy others in purfir- ance of this Aft, to appeal therefrom unto 'the Govcrn@uir and Council for Relief. CHAP. V. • An Ad for the Reviving and Re-enaaing ' Act-, Intituled All a Claufe In the A� b for the Regulating and Encou ragement of Fifhery ; that bath beth for force Time Repealed by the General Affem bly, HERBS in the fecond Paragraph of the faid Ad, 3t ioesti! tf! & « That henceforth no Mackrel than be caught(except for fpending a. i . " whilft frefh) before the fir,!} of July annually : And whereas the faid Claufe by an` Aft afterwards made and paled by the General Alen bl wasRepealed and made void ; which faid Repeal, and the un ea onable catch- ing of Mackrel thereupon, hath been experienced to be very ' rz dici Province : p J al to this i }t 143 tie it t ieref©ge Wafter! On& eyeeffente,tpc eobernour, Council anb Penalty teprEfclttatioro conWneb lit general court el, klfelithip for Pb be tie �IIC�o�It of try tante, � auk matt: catching p That the faid Clatrfe above -recited, (hall Mlckrei Cie - be, and is hereby revived and re-enacged : And that henceforth no . Perfoti or fore the 1 Perfons whatfoever, Thal! prefume to catch or cattle to. be caught anyMackrel ce 3uy ' ex- (except for fpending whiff' freta) before the firft of fuly annually ; n Penaltypt,�� of forfeiting all the Mackrel fo caught contrary to the true Intent and Meanin of -this Act, and twenty Shillings per Barrel over and above for each Barrel of the fame : The one Half of the faid Forfeiture to be to Her, Ma,efIy, for and towards the Support of this. her Government ; and the other Half to him or them that !hall inform and fue for the fame, in any of Her Majefly's Courts of Record within this Province. 4 An A, Pafred by the Great and General Court or Affembly of Her Ma'efiy 's Province of. the MW itch: felts -Bay in New -England, Begun Held at Bojlon, on Wcdnefclay the tenth of March 1702. and CHAP, I. An Ad againff the Diminifhing and Counterfeiting " !ting of Money. CSL it cllattcb nub beclar'eb bp ii0 tnel[Eitrp t!je d5oftcviiour; Co auti laeptefctttatibro fit ��cneraf court affciithieb, anti lip the eau- inguor reDiimi- tfjo�ittr of the Tonic, That everyPerfon duly convicted of counterfeit- & hing of tag or impairing, dimirnifhing or debating any of HerMajef}y's Coins; bywaffle Her Majefty'i ing, clipping, rounding, filing or leafing of the Brine, '!tall be as a Felon, and fairer the Pains of Death. proceededgalnf} Coins; And that every Perfon duly convicted of counterfeiting, or impairing,di nilhing or debating any of the Money eflablifhed to be current one within this Province, according to the Aft, For afCe1-tainin the Value ofy ant within this P rovince ; by waffling, clipping, rounding, flung or idling currents of te fame, (hall be fet in the Pillory by the fpacc of one whole Hour ; and have the of his Ears nailed thereto ; and alfo be publickly whipped upon the naked Boone dy with fo many Stripes as the Court before whom the Conviction Thal! be y order; not exceeding forty, and pay all Charges of Profecution, Thal! �3P CHAP. 12.8: 13. ca, q., Counterfeit- ing or Dimi- r,i(hing of the current Mo- ney of the Province, 1••i. + 1703. 144 A Clippings, Fillings, &c. I • III 1,1 , , I. � I I I � _ • I I III. , I„ H lli .Ano Regni A N N 1E Regime Primo Secundo. Molatto flecirro erba t . Pounb0. 15e it. further thee) hp tffe attthazftp afo cfaib, That every Perfon duly conviEked of buyingor receiving any clippings, fcalings or filings of Money fhall forfeit end pay a Fine of twenty Pounds ; one Moiety thereof unto Her Majefly, for and towards the Support of the Government within this Province; and the other Moiety to him or them that shall inform and fue for the fame and alfo be imprifoned by the fpace of three Months. An A& ..'af cd by the Great and General Court or Affembly of I-ferMajeffv's Province of the Mfic'hufetts-Bay inNe w-E;gland,Begurl and held at Boflon upon Wednefday the twenty-fixth of May, J703. And continued upon Adjournment unto. VVednefday the thirtieth of June following ; and then met. CHAP. II. torr.ea 6;&s; An AEI relating to Molatto and Negro Slaves.. z A. ca. 4. Ij,ERE,S great Charge and Inconvenienc•ies have arrjen to di vers 4. ca. 6. Towns and Places, by the Releafing and Petting at Liberty Molatto? 4 .R. ca. 3. and Negro Slaves : For Prevention whereof for the future : �e it betlateti anti emitter bjif tcccllellep .tbc eabertwtW, Corm - Security to be tit ms i ,e rtfetltattbC$ itt &nest coact cambial, gob bp the 54ll- given for Mo- That no Molatto or Negro Slave shall hereafter be ma- , latto s or Nes tbOl•ttp of the sante, groos fet free. numitted, difcharged or fet free, until fufficientSecurity be given to theTreafurer of the Town or Place fuch wherePerfon dwells, in a valuableSum, not lefs than. fifty Pounds to fectire.and indemnify the Town or Place from all Charge for or about fuch Molatto or'Negro, to be manumitted and fet at Liberty, in Cafe he or the by Sicknefs, Lamenefs or otherwife, be rendred uncapable to fuppott him or her felf. And no Molatto orNegro hereafter manumitted Pharr be deemed or accounted Securit !hall not be given as aforefaid ; but (hall be the pro - None to be accounted free, for whom Secu- rityis not free, for whom y per Charge of their refpeEtive Mailers or Miflreffes, in Cafe they Hand in need of Relief and Support ; notwithftanding any Manumifl'ion or Inftrument of Freedom to them :rade or given : And (hall alfo be liable at all Times to be Service b the SeleEt-Men of the Town. • given. put forth to y 5W.dzM. ca. 9. to W ca. -Q.. A&s and Laws Paffed by the Great and General Court or Affembly of HerMafeffy's Province of the Mafachufetts-Bay in New -England : Begun and held at Bo/tion, upon Wednefday the twenty-sixth Day of May, by � Acl'oations untilournment and Pror 1703. And continuedg Wcdnefday the twenty-fcventh of Oflober following ; and then met. CHAP. III. An A& in Addition to theAcrt for providing of Pounds, &c. HEREAS it often happens, that the Owners of Cattle, Sheep or Swine Impounded, notwithflanding due .Notice thereof given them, negleft to compound or make Satisfaction for the IJrefpafs and Da- mage done, but fuffer their Creatures to lie long Time in Pound, to the augmenting of Charge, and otherwifeproving inconvenient : For • �,IVlJIIIh „I. 11,11 11 „ L. ..1 ,IIIc 11 16.1111!,.1 I. ..���•�,16!, Ann° R c91i1 A N N ?. cg . Imo Sccundo. I7o3., For Remedy whereof : 7 c It balavcr ►1nti cuatte bp i;iF Cpccltcltcv tic f chficenour, cuntn. atTe cpucfc;t`tatt e IU C, cuct'c,l Cotta rob1C1b, anb Lily the Ju(}icc f ti! nub t �,, II- Peace tootho ct,o�i.1? of z�;c faith, That if the Owner of any n:ct Cattle,' Horfc;, Sheep make aur or Swine impounded, being d'u1y notified thereof, "hall not within the fpace of Warrant of• forty eight Hours next after fuch Notice given, replevie hisCrea tures, or other -make sur ent, wife orderly obtain their I&cicafe ; the Parry trefpafted upon, making Applica- tion to a Ju{Lice of the Peace, within the fame County, for a Warrant of Ap- prizement ; f uch juflicc is her eby directed and impowrcd to make out a Warrant w two or more fuff.cicnt indifferent Pcrfons, and to adminiflcr an Oath unto The Tm- thenl, to make a dile and equal Apprizement and Ettimate of the Value of.fuch ma>; uSale,or Creatures, or fo many of them as (hall be fu{ficicnt to anfwer the Damage, retain to his and all Charges : And the Party damnified may retain and keep the Creatures own T,1fe- fo apprized to his own Ufe, to malce Sale of them at his Plcafurc rendring the Cverplus of the apprized Value (if any be) to the Owner. CHAP. 1V. An A& to prevent Disorders in the Night' HEREAS grcatDiforders, Ir folences and Burglaries are oftimes ra fed Prcanrnblei and committed in theNight-Time byl ndians,Negro and MolattoServants z 4. ca, z: and Slaves, to the Vifquict and hurt of Her Majefly's good Subjefls For Prevention thereof : 13c it enactor Du bio Mullein» the O4ler'nour, Council nub Vttpvc- fclltatibc , 111 dencrcit Court ilifonbtct, anbp t'i'c Uitthotp of the fiite, That no Indian, Negro or ZVlo.latto Servant or Slave, may pre - fume to be abient from the Families whereto they refpcaively belong, or be found Abroad in the Night -Time after nine a Clock ; unlefs it be upon fome Errand for their rcfpeCtive Mailers or Owners. And all Juffices of the Peace, Conflables, Tything-Men, Watch -Men, and other Her Majefly's good SubjeEts, being Houflioldcrs within the fame Town, are hereby refpeEtively impowred to take up and apprehend, or caufe to be ap- prehended any Indian, Negro or Molatto Servant or Slave that (hall be found A broad after nine a Clock at Night, and fhall not give a good and fatisfa&tory Account of their Bufinefs, make any Difturbance, or otherwife mifbehave them- felvcs ; and forthwith convey then before the next Juflice of the Peace (if it be not over -late in the Night) or to refirain them in the common Prifon,Watch- Houfe, or Conflablc's Heinle, until the Morning; and then cattle them to ap- pear before a Juflice of the Peace, who [hall order them to the Houfe of Cor- reElion to receive theDifciplinc of theHoufe, and then be difruifs'd; unlefs they' be charged with any other Offence, than Abfence from the Families whereto they rcfpcEtively belong, without Leave from their refpe&ive Matters or Ow- ners: And in fuch Towns where there is no Houfe of CorreEtion, to be openly whipped by the Coliftablc, not exceeding ten Stripes. C H A P. V. An AEt relating to Executors and Adminiftrator, OR the better preventing of Executors or Admtniflrators doing of wrong, or fal fifying of the 7raf 1n them repofed : 1St it bcclareti alto ciuicteb by bio c?rctltelicp the d!~obcrnonr, (Council nttti Aeprefc;itatiito, in d5cuerat court a(fclltbltti, 'Zllb bp the 2tlti ozity of tlje faille, That henceforth every Executor named in any Will, taking:: on him that Charge by proving of fuch Will, within the fpace of three Mon next after Probate thereof (or at fuch,furthcr an:l longer Time, as the Ju of Prolate Bull fee meet to allow, the Circumftances of any Marc requir 'I' c Irrdra>r, Mgr and Molatto- Servants, not to be abroad after nine at Night. If found a- broad or mif- behave them= Pelves, to be apprehended and fent to the Houfe of CorreEtion. 4 1. Sc M. ca. a. 13G.ca.4&6. Executors to exhibit an In- ventory, or give Bond. t z G, z. ca. z. • a 4 t, . 7634 46 Penalty for neglect. isTo Bond to be accepted svh'ere the Eftate is be- queathed in general, Executor be- ing ef d'nary Legatary may fue his Co- Executoi•. Writs of At- i*chtnent,&c. not to go a- gainit the Body of the Executor or Adminiftrator. Si -ire Facia} to be granted on Suggefttion of Waite. l letutots & Adminiltra• tors to make Payment in Specie. The Eftate-to be expofed to Sale. :4 yo .Regnr A N N Regime Secundo. 3recutor0, Vic% the fame) shall exhibit into the Regifler's Office upon Oath, a full and true Inventory of the whole Eftate of the Deceafed, fo far as is then come to his Hands and Knowledge ; and (hall add thereto what and fo much as may fur- ther afrerwards appear : or otherwife (hall give Bond, with one or more fuf- ficient Sureties, to pay the Debts and Legacies of the Teflator : on pain of forfeiting five Pounds per Month, for every Month's negle& thereof after- ward, as is by Law provided for not prefenting of a Will ; and to be recover- ed in like Manner. Provided neverthelefs, That in Wills, where, after the Payment of Debts, and of any certain particular Legacy or Legacies, the Refidue or Remainder of the Eflate, is bequeathed generally to any one or more Perfons, other than the Execuroi s themfelves ; in every fuch Cafe, an Inventory of the Eftate (hall be prefented upon Oath as aforefaid, and no Bond be accepted in Lieu thereof And the Executors shall be liable to Account as Adniiniftrators are by Law obliged to do. And any Executor being a refiduary Legatary, may bring his A&ion of Ac» count againft his Co -Executor or Executors, of the Eftate of the Teflator in their Bands ; and may alfo file for and recover his equal and rateable Part thereof. And any other refiduary Legatary {hall have like Remedy againft the Executors, £tib be it timber enatteb hp tit 2utboritp afogefafb, That all Writs of Attachment and Execution fhall run only againft the Goods or Eftate of the Party deceafed in the Hands of his Executor or Adminiflrator, and not againft their Bodies ; nor {hall any Executor or Adminiffrator be held to fpecial Bail upon mean Procefs, nor his own proper Goods or Eftate be feifed, or his Perfon be arrefted, or taken in Execution for the Debts or Legacies of the Teflator or Inteffate ; but upon Suggeftion of a Wafle, and Return made by the Sherif):' .Nulla Bona, or Devaftavit. In which Cafe, a Scire Facias'hall be iflhied out of the Clerk's Office of the fame Court, again(' filch Executor or Adminiffrator, and Scire Fed being re- turned, if the Executor or Adminiftrator {hall make Default of Appearance ; or corning in, shall not fhew fuficient Caufe to the contrary, Execution shall be adjudged and awarded againil him of his own proper Goods and Eftate, to the Value of fuch Waite, where it can be afcertained, otherwife for the whole Suin redovered ; and for want of Goods or Elate, againft his Body. sant/ be it furtfjer tnatteb anb patina, That every Executor or Admini- ftrator, shall make Payment of the Debts and Legacies of the Teflator or In- teflate, in Specie, if fuch he hath as Afletts in his Hands ; and if he hath not the fame in Kind, he shall expofe the Eftate to the Creditor or Legatary, to take his SatisfaEtion thereof, at his Elution, at a due and equal Rate and Value by Apprizers then to be indifferently named and fworn. And where Judgment and Execution 11101 be awarded for any Debt or Legacy to be paid in Money; and theExecutor or Adminiftrator hath not Money of the Te{fators orinteflates as Affetts in his Hands, the Sheriff shall levy the Goods or Eftate of the De- ceafed, and expofe the fame to a publick and open Sale for Money, at the bell Rate and Value that he can ; and thereout pay inch Debt or Legacy, and his own Fees, with the neceffary reafonable Charges arifing on the Sale, and re- turn the Over -plus (if any be) to the Executor or Adminiftrator : or elle (hall pay and fatisfy the Creditor or Legatary out of the Goods, or Eftate levyed, if he fee Caufe to accept the fame, at the Value in Money, upon a due and equal Apprizement made by fuf iicient Perfons upon their Oaths, to be indifferently named and appointed for that Purpofe : .Any Law, Ufage or Cuftoin to the contrary in any wife notwithftanding. �r. CHAP. fat 1 -77 Arno Regni A N V lE Regime Tert1o Qarco. i7o�,s, , )rtht1egeL Ear, Gttc0, turpentine,eec. 14-7 Ari A61; Paffed by the Great and GcneralCourt orAfl'emhly of HerMajefly's Province of the ll4a /bch:tfetts-Buy in New7E,ngland, Be ;till and Hcld at Boflon upon Wedncfday the thirty-firft of May, i 7 0 4. CHAP. I. An Aft of Privilege to the Members of the General Aflem- bly, and Judges of Aflize. PONConfideration that feveral Members of the Council and divers of the Preambit4 • Reprefentatives live in the renloteParts of theP rovince, and areoccafron- cd to be at confiderable Charge and Expence in travelling and attending of Her Majefly's Service in the Great and General Court or A/enably, over and above their ftated Allowance by Law. .,4s alfo, that the judges of 4fZe are put to confiderable Charge and Expence in riding of the Circuit '1Be it encutrb by No i exceifencp the 113obetnottr, Cotlncil anb Itellt'Q: fetttntitw in Central Court alfelitfiirb, anb by tijeutii olttp of the fame, Sant exem r. That every Member of the Council, each Reprefentative of an Town or Difiri&, and each Judge of Mize within this Province, duringtheir any tar f rD Duty, in the faid refpe&ive Offices, Employment and Trull ; shall enjoy the rivilege y D y of having one Son or Servant, (filch as they shall choofe, dwelling in the Houle) exempted and freed from all Impreffes, Detachments, and military Exercifes ; except watching in their Turn, as the Law provides : Any Law, Ufage or Cu{tom to the contrary notwithflanding. Aas and Laws, Pail'ed by the Great and General Court or Afrembly of HerMajefty's Province of the Maffachuf tis -Bay in New -England, Begun and Held at.Boflon, upon Wednefday the thirtieth of May, 1705. And continued by feveral Prorogations until Wednefday the twenty- fourth of Oflober following, and then met, being their third Seflion. CHAP. L . An Ad for Regulating the Mize of Cafk for Tar, Pitch, Turpentine and , Rozin ; and for preventingFrauds and Deceits in the Paid Commodities. t it alga bp bio erceilcticp tfir eatinnour, Council annum me^ Additional fentatebeo in &eneva! Court afletnliteb, anb bp tfje 2utijoggtp of w.&Mca.S tfje faille, That from and after the laft of March next, Arno One 7 A ea. 3% Thoufand feven Hundred and fix, all Caflc made for Tar, Pitch, Turpentine and Rozin within this Province, (hall be of the Gage and Aflize following ; That is to fay ; Barrels for Tar, to be thirty two Gallons ; and half Bar- rels, fixteen Gallons ; and none under : And Cask for Pitch, Turpentineand Cage of Calc. Rozin, to be of thirty five Gallons ; and made of found well feafoned Timber. And that each Cooper (hall fet his diftin& Brand -Mark on all his Calks fo made Tobe Brand. for thole Commodities. mark d. And that there be a fit Perfon or Perfons nominated and appointed annually in all Places where the faid Commodities are made or vended, to be Gagers, ma°r1ts and Viewers and Surveyors of Calk made for the aforefhid Commodities ; and mark pp ins d.be fuch as they find Merchantable and of dueAflize: For whichService the Cooper that 1 trt . 1705. 148 Gagers, &c. to attend the "lcrvice. The Fees. Power to diftrain. 411110 Begni A N N PE . egh; c' uar to. t�, z`ttTV) � ,u pCnt ifliC) NC.• that employs them, (hall pay fi xtcen Pence per Ton,fo iwwhereat filch fChall niarles And the SeleEt-men of every Town in this Province, are made or vended, fhall chore and appoint a fit Perron or Perfons fbmeTime in the Month of 1Vlarch annually, not only for Gaging the afterwards, f and markingrhek ! aey re filled ; but for fcarching and proving them `��as Cafk as they find Merchantable, with filch Marlc the SeleEt-Men of theTown fhall appoint ; which Officers Shall take the Oath appointed by this A61, to be adminittred by Bach as do Swear Town Officers in J e r c(pe&ive Towns. the ,Ably fit it !miter ciutttc l 1.,1 the Otttbt Perfons fo appointed and�fworn to be Gagers, Surveyorsll eand nes chers on due f Notice Tar, Pitch, Ronin and Turpentine ; {lialcc of Ganin� Calk, andSurveying then, attend and perforin the faid Scry iand Searching Tar,PitchTurpentine and Rozin ; by cleanfing theTar of Water, and filling it up with good Tar ; and examining of the Turpentine, by broach- ing it on the Head oppofite to the bung, for the better Difcovery of Dirt and Chips, and over -great Bungs and other Frauds. And alfo to fee that Rozin and Pitch be well made, and hd na�lrk well filled aand without Deceit, after the beftManner that may be ; Calk of the aforefaidCornmoclities as they findMercha t ble, withtthe u Marknt-is ed for each Town : For � which Service the Oil per Ton for 'filch Caslc of Tar, Pitch, Rozin and Turpentine, as he (hall fo ex- amine and mark ; befides threcPence perMile for travel r above the one Mile. k and if the Owner of the aforefaid Commodities, orN e marked, refufe to fatisfy the Officer fir,. his Fees aforementioned, he 'hall have Power to detain fo much of the Commodity as will make him SatisfaEtion for his Fees and Travel aforefaid : And if the Ownerdo not rtedeem Proceeds11withint twenty-four Hours, then to export, it to Sale ; out o fatisfy hivafelf his Fees and Charges, returning the Over -plus (if any be) to the Owner. Atli) if any Ali� 11e It Inaba meet) Ali . tfje.�,tcti.otl?�ed� Cotp m 8 Commodities to Sale, without , Coo- per Shall export any Cafk for the afo e his own and the Gagers Marks ; all filch unmark.'d Cafk fhall be forfeited. And if any Perron (hall put up Turpentine into any lk othe fa relfaiord Gage without Chaining out theChips andl3ark (as rnucmay be) feit every Barrel of Turpentine fo filled. And if anyP erfon fhall be cornu[&ed of ufing anyFrauds or Deceit in p� gine Fe or filling any Calk withTar, Pitch,Rozin orTurpentine ; he shall pay of twenty Shillings for each Carle of any of the aforefaidCommodities in which anyFraud (hall be difcovered ; or be publickly wh ppcd, as theCof fio ur11 t ofdeGenera[rel Scfl'tons of the Peace, that [hall have the Cognizance and pay the Charge of Profecution ; and the rementioned Commodities in which the Deceit (hall be found, [hall be forfeited. That in each Sea Port Town within this Pro - Court of Sef- �ltt� be it furore cIln[LeL�, Pro - Ems of the vince, where the aforefaidCommodities, (or any of thein) are ufiially Chipped to Peace to ap- go beyond Sea ; the Couit of General Seflions of the Peace in each County point Survey- refpeEfively, wherein filch Seaport lies, Chill, at their f rft Sell -ion in the Spring ors, Gagers - and Searches annually, nominate and appoint, one or more ante aoleRPerfons nfo be Officer orll in Sea Port Gagers and Searchers of Tar, Pitch, curl Towns, when he is defired, View, Gage and Search all fuch Cask of the aforefaid Com- modities as [hall be prefentcd to his View, and markas theh each Cask that s hef finds Merchantable, on the faireft Head, with fuch Mark ce !hall appoint ; fot'which Service they [hall be paid behe Shipper i tWO SPencc Their tees, for eachCask fo marked. And the faidOfficers flby effions that appointed them, to the faithful difcharge of their Office, or by two Julices of the Peace. And every filch Surveyor is hereby impowred, by aadwi h a neneral Warrant t6 bemade out for that Pu Tore by the Governour and VShips by War- Admiral for the Time being, to Search all Ships' and other Veflcls, wherein he To Search rant from the Shall be informed or fufpe&, that anyrI'ar,Pitch or Rozin is (hipped contrary to Governor. this At. Penalty on Coopers for felling Calk unmark'd. Turpentine hot to be put up without Straining. Penalty for Fraud. Ilei, it Nil �IYi n il, I ui Mb, I. i. i ,i III, 1 1 I 61, i„ , 1,1 a III 111 I „.II IIS aril I II ma111/11111—.4idillU Anne .Regni A N N Re&ince Quarto. • 1705. Leif lto anb ffleafurez, 149 211i) it i0 511trier etlatteb,. That no Cask of Tar, Pitch, Rozin, or Tur- Cask to be ntine (hall be exported without marking as the Law directs. And if any mark'd before Meafler of any Ship or Ve(lel, or any other Perfon belonging thereto, fliall take !hipping. or receive on Board 'any finch Ship or Veffel any Tar, Pitch, Rozin or Turpen- tine not fo marked ; he or they who (hall offend therein, and be conviaed there- of, [hall forfeit fiveShillings for each unmarked Cask fo taken on Board con-. Crary to' Law ; and pay theCoils of Profecution, over and above the Forfeiture of the Goods fo unduly [hipped. . 21113 it i0 Inrtber &artaa. bp the Atttl)oit,p nfolcfaiti; That all Fines, penalty,for Penalties and Forfeitures arifingby Force and Virtue of this Aft, [hall be one NegleEt. Half to theU fc of thePoor of theTown where the Offence Shall be difcovered ; and the other Half to hila or them that [hail inform and file for the fatne in any of Her Majefly's Courts of Record within this Province. , glib be it further, cuMcb, That an Oath (hall be adminiflred to the O(ii- pines Fort , cers that (hall be chofen to Gage, Survey and Search Tar, Pitch, Rozin and be difpo be eitures t3 Turpentine, in the Form following : viz. , OU Swea.r; diligently and faithfully to intend the Office of that you are appointed unto, within theflown of avd.to difcharge theVutys andTrufl thereby required of you impartially after your bet Skill andCunning according to 'Law. r So help you G0D. Any Law, Ufage er Cullom to the contrary notwithftanding. CHAP. II. . AnA61 in Addition to theA6t for dueRegulation of Weights and Meafures. e: it citaSteb bp 1)i0 €xcc1tcntp tfje dBobernouv, Council club Vic- Sealer his Dia. 4rfcntntiite iii citcral Court affcnihtcb, anti by tbe utfjolitp tY.and Fee. of tljt fame, ThatcI the Sealer appointed in each Town within this Pro- Cal I• Mt vince, from Time to Time, as by the Aa Intituled, ..4i1 .467 for, due /?egula-, tion of leighti and Meafures, is dire ed; (ball be and is hereby impowred to . go to the Houfes of filch of the Inhabitants as upon Warning given in: Manner as by the,faid Aft is appointed, (hall negleEf to bring -or fend in their Beams, Weights and Meafures, to be proved and fealed at the Place aligned for that Purpofe, and [hall there Prove and Seal the fame ; and Shall demand and re- ceive of the Owner for every Beam, Weight and Ivleafure proved and fealed Pe A two Pence, and no more : And every Perfon • [hat i11all refufe to have their nalty on erfons re Beams, Weights and Meafures viewed,' proved and fealed, Shall forfeit the Sum fufingtohave of five Shillings ; one Moiety thereof to the Ufe of the Poor of the Town, and their weights the other Moietyto the Sealer ; to be recovered in Manner ds by the aforefaid and Meafures A& is providedAnd if any Perfon than bring his Beam, Weights or Mei _fealed. fures to be proved and fealed at any other Time than on the Day or Days fet by the Sealer fot that Ptirpafe, he shall ii like Manner pay two Poke for eacli- that hall be tried and fealed. Sflub .be it furtijct'. matter) bp the: atitholfite nforcfnib, That if any Penalty for Perfon from and after the firff Day of May, OneThourand fevenHundred and weighing fix, Shall fell, vend or utter any Goods, Wares, Merchandizes, Grain or other witheearn9 Commodities whatfoever, ,by other, Beams, Weights or Meafures than filch as orweigh'ts fhall be proved and fealed, as the Law requires ; the Perfons fo offending (hall unfeald, lofe and forfeit the Sum of five Shillings for each Offence of that Kind ; one Moiety thereof to the Ufe of the Poor of the Town where the Offence !hall be committed, and the other Moiety to the Sealer or Informer, who Shall pro- fecthe the fame ; to be heard and determined by one. or more of Her Majefty's Beams, state: Juftices of the Peace. and Neff of 2inb be it furtherenttcteb by tije 2tabo�ftp afolefaib, That there be troy Weights to be rovi- provid�ed by the Treafurer of this Province, a good Beam and Scales, and a P dud by the Neff Of 'Ploy Weights; from one Hundred twenty eight Ounces downward Treafuret, to lib!. I I i.1 1d u I 1 .II I n ,1 11i L, I U 1, , I I, _M 11,1 „ I 1 1705. 150 I 1 i,.1 1 1 . 11 .111 . f�itn© Re ,I 11 1 1 ,•, iI I I 1I1I 1 II d 11 I 1. 11 1 II i 1.1 1 ., A N N 13 Resin - C LI 00 uretie5 on fflean gone& 6 114 L. h uii IIL Ij111j to the leafy Denomination, marked with the Mark or Stamp ufed in Her Ma - jelly's Exchequer, for a publick Standard. And that from and after the firft Towns to be Day of' °Sober, One Thoufand feven Hundred and fix, each Town within this provided with Province [hall, at their own Coff; and by the Care of the Seidl -Men or Town aNef of Troy Treafi rer, be provided with a Nell of Troy Weights of a different Form, from Weights. Averdupoize, the biggefl, not to be lets than eight Ounces : As alfo Penny Weights and Grains, proved by the publick Standard, each to be marked the Number of Ounces, Penny Weight or Grains which it contains ; to be for their Town Standards ; on Penalty of forfeiting the Sum of five Pounds, to the Ufe of the County in which any Town lies that fhall negleEt to be fo provided ; by Which all Troy Weights within fuch Town (hall be proved and fealed by the Sealer thereto appointed,who!liall be paid aftertheRate of a Farthing perWeight for every fuchWeight which he !hall Prove and Seal. And if any Perron fhall prefiune to weigh any Silver, Bullion or other Species whatfoever, proper and ufed to be weighed by Troy Weights,by any other Weights, or by anyBeam or Troy Weights not proved and fealed as aforefaid ; the Perfori fo offending otherWcighto fhall forfeit the Sum of five Shillings, to be recovered and difpofed of in Man- ner as is herein before provided, for felling by other Weights and Meafures unfealed. Town Stan - 210 lie ft fnitljec meal bp Or f o*p nflolcfafb, That all Beams prods to be revd once Weights and Mea(itres kept for Standards in the feveral Towns fhall be proved in ten Years and tried by the publick Standard at the end c", Years, from Time to Time, by the Pub- And all Town Standards (hall be flamp'd with this Mark, viz. ,IV. E. Any lick, & to be Law, Ufage or Cullom to the contrary notwithflanding. marked. Penalty for Negl ea. None to weigh Silver or Bullion E9c. by any Sealer to go to Merchants Houfes, 5W.& ca, 5. glib in it flintier betraycb, That the Scald is hereby enjoin^d, and re- quired to go to the Houfes orStore=l-loufes.of Merchants and others that ufually weigh with great Beams and Weights, and there Prove and Seal the fame_: for which he shall be paid by the Owner of filch Beam and Weights, his reaf%ma- ble Charge of carrying the Standards ; and eight Pence per Hour for his Time in attending that Service, over and above the Fee herein before appointed. CHAP. III. An Ad in Addition to and Explanation --of. the Ad rela- . ting to Sureties upon Mean Procefs in Civil AEtions. (� It Milaeb tp »i Q ;t'tcllentp flit C"otttr'noIir, council atib repro: fctitatibcs i &ncta[ court lilretnllrt'ti, anti bp tlje Q!utj olitp of tj e faltie, That upon fpecial Bail given in any Civil AElionaccording as is fet forth in the A& Entitled, AnSI relating to Sureties upon reanProcefs in Civil Aaiun: : it fhall be ]awful for the Surety or Sureties at any Time or Principal to be Tlnies before the judgment given in filch Caufe be affirmed againfl fuch Surety Court in or Sureties, upon a. Writ of Scire Facial brought, as by the raid A& is provid- rtbefore Judgment ed to bring the Principal into Court, and move to be difcharged ; and the Court affirmed upon upon fuch Motion made, (hall order the Principal to be taken into Cuflody of Scire Facia); the Sherif, who than detain him by the fpace of thirty Days, that fo the Creditor by that Time may take his Body in Execution,if he think fit; and in Cafe he be not ferved with Execution before the expiration of the Paid thirty Days, theShe- riff at the End thereof Ilia]] releafe him upon the Payment of his PrifonCharges. And theSureties from and after the rendring of the Principal in Court as afore- faid, and then paying' to the Creditor the Colt he has. been at for bringing for - Sureties dif- charg'd upon rendring the Principal; and ward his Suit by Scire Facias, to be adjufled in Court, fhall beidifcharged from paying of their Suretifhip in like Manner as if they had rendred the Principal in Court at Lofts. the Time of entring up of the Judgment, as is before Prdvided : Any Law, Ufage or Cullom to the contrary notwithftanding. For 1,1.1 J1111 1 I p 1 I 11 1 . 1 1 11 111I .1 1 ..1 I 1 I II II ,.1I r Anno Reuni ANNIE Regime Quarto. to4b ?aloe?. liu Whig of I ou f `iz Q3ixt 3 f itt V. 151 For the more equal and unpartial Jidmint ration of :7t ice : No futiice of 16e It beCrnre1 ant,rllQrtCirl, either Bench That ho JufIice of the Superiour, or of any to be a judgd Inferiour Court of Pleas within this Province, {hall have a Voice in judging or or Attorney determining of any Civil Adiori which has before been heard and determinedin any Cafe by him Tingly, as a Juflice of Peace, and his Judgment appealed from; nor fhall judice of determined he be admitted an Attorney to plead or defend any fuch Caufe: by him ac Peace. CHAP. IV. An A& to prevent Fraud in Cord -Wood ex-ofed to Sale. ale. cc ft cunrtcb by li Crscrlcncp rjc d?oberitojir, (omit anti Repro: Additional fcntativc in i3cticrar court afeulhleh, nub by Os $utjoqitp A of the facie, That all Cord Wood expofed to Sale, (hall be four Feet long, accountingtohalf the Carf ; and the Cord being well and clofe laid 9 Co ca, a- cre of together, chaff meafure eight Feet in length, and four Feet in heighth. CordfoFWood, And in every Town and Diflri& within this Province where Wood is ufuaIly Woodeordere fold by the Cord, the Seidl -Men !hall annuallynominate and appoint come to be appoint• meet Per(hns to be Wood Corders ; who !hall be worn in like Manner as other ed & f"rn. Town Officers; to the faithful Difcharge of their Office, and (hall diligently at- tend that Service ; and demand and receive three Pence, add no more per Cord Fee. for all Wood that Thal] be corded by them. g •Q. ea. 4; CHAP. V. An Ad agaloft Burning of Houfes f fN it ;)rclarzb anb ertaitb bp' j 10 Crccucucp dojo eoucrnort', Burning oft c!:-attnctl nnb l'�rat•c • -� n Y r fc,ltativer.., in otic al Court a(fentf11eb, Houfes de• nil by flit i iittla,itp of tf c faille, Thaton` elated to bol fixteen fears and upwards, fha11 willingly andmalicioufly, DayOf the Age t, Felony, burn the Dwelling Y� by or Night, Houle of another, or other Houle Parcel thereof; or any Houle built for public]. Ufc; any Barn having Corn, Grain or Hay therein any Mill Malt -Houle, Store-Houfe, Shop or Ship : The Perron fo offending as aforefaid, fila!l be deemed and adjudged to be a Felon ; and (hall fuller th Pains of Death accordingly. • CHAP. VI. An A a for the better preventing of a f purious and mixt P .�ffue, Etc. 0 it ciiactcb bp biro 1`xcetiencp flit 6oftcr:tout, { cfclitariver in ��" �• r ': Council Hili! ��=Penalty for a Prnerti Court nlfcinbleb; nab bp, the 2titbof to Negro or,Me� of tje faille, That if any Negro, or Molatto Man fhall commit For- ]alto Man, hication with an Englifh Woman, or a Woman of any other Chriflian Nation within this Province; both the Offenders (hall be feverely whipped at the Dif - cretion of theJuflices of Affize,or Court of General Seflions of the Peace within the County where the Offence (hall be committed ; And the Man (hall be or- dered to be Sold out of the Province, and be accordingly fent away within the fpace of fix Months next after filch Order made ; And be continued in Prifon at his Mailer's Charge, until he be fent away, en- joyned to maintain the Child (if any there be) at her tlown Charge : the, Woman An(hall if e fhe be unable fo to do, The (hall be difpofed of in Service to Tome of He Ma 'efly's Subje&s within the Province, for filch Term as the juflices of the Paid Court (hall order, for the Maintenance of the Child. V And • committing Fornication with a Chrif- tian Woman. 1:111'`11•'' " 1705. Anna Regni ANNIE Regint - iiat•to. T52 £t13 rt Wu. And if any EnglifhMan,or Man of other Chriflian Nation within this Pro - Penalty for a vince, fhall commit Fornication with a Negro, or Molatto Woman, the Man fo Chriftian Man committing offending !hall be feverely whipped, at theDifcretion of theJuftices of the Court Fornication of Aflize, or Court of General Seflions of the Peace, before whom theConvielion with a Negro &all be ; and (hall alto pay a Fine of five Pounds to Her Majefty for and to - or Molatto. wards the Support of the Governtnent ; and be enjoined to maintain the Child, if any there be : And the Woman (hall be fold, and fent out of the Province, as aforefaid. Penalty for a .And if any Negro or Molatto (hall prefume to fmite or ftrilce any Perfon of Negro or Mo- the Englifh, or other Christian Nation ; fuch Negro or Molatto (hall be feverely Chroit(iak ung a whin.pped, at the Difcretion of the Juftices before whore the Offender shall be conviaed. No Chriilian .assn be it further btttareb anb enatteb -ftp the catltI a tp nfazcfa0, That to Marry with none of Her Majefly's Enginor Scottifh Subje5ts ; nor of any other Chriffian a Negro or Nation within this Province, fhall contra&iMatrimony with anyNegro, orMolatto. Molatto. Nor '!hall any Perfon, duly authorized to folemnize Marriages, prof orae to join any fuch in Marriage ; on Pain of forfeiting the Sum of fifty Pounds ; one Moiety thereof to HerMajefly, for and towards the Support of the Government within this Province ; and the other Moiety to him or them that !hall inform and fisc for the fame, in ,any of Her 1viajcfly's Courts of Record within the Pro• vince, by Bill, Plaint or Information. And no Mailer (hall unreafonably deny Marriage to his Negro, with one of the fame Nation : Any Law,Ufage or Cullom to the contrary tnotwithflanding. glob be it fat* £ttatteb bp the £Uttjo4U afouefaib, That from and All Negroes after the firfl Day of May, in the Tear one Thouftnd feven Hundred and fix, imported to every Mailer of Ship or Vef 'el, Merchant or other Perfon, importing or bring - be entred & ing into this province, any Negro or Negroes, Male or Female, of w1iat Age foever, !hall enter their Number Names and Sex in the Impofl Office ; and the Mailer (hall infers the fame in the IVlanifeft of his Lading ; and !hall pay to the Commifoner and Receiver of the Impofl foterPoundi pet -Bead for every fuch Negro, Male or Female : And as well the Master, as the Ship or Vcifel wherein they are brought, (hall be Security for Payment of the faid Duty ; and both or either of them (hall Eland charged in the Law therefor to the Comimflioner ; Penalty for joining any fuch in Mar. flake. Duty paid. Matter and Ship both who may deny to grant a Clearing for fuch Ship or Vein], until Payment be Security for made ; or may recover the fame of' the Mailer, (at the Commiffioncr'sElation) the Duty, by AFtion of Debt, Bill, Plaint or Information to any of Her Majcfly's Courts of 'Record within this Province. And if any Mailer of Ship or Veal, Merchant or other !hall refute or neg- le& to make Entry as aforefaid, ,of all Negroes imported in fuch Ship or Vcilel ; or be convicted of not enuring the full Number ; fuch Mailer, Merchant or other Perfons (hall forfeit and pay the Sum of eight Pounds, for every one that he (hall refute or negleel to make entry of ; one Moiety thereof to Her Majefly for and towards the Support of the Government of this Province, and the other Moiety to him or them that (hall inform of the fame, to be recovered by the Conimiffiioner in Manner as aforefaid. And if any Negro imported as aforefaid, for whom the Duty is paid, (hall bc again exported within rhe fpace of twelve Months, and bc ban i fide fold in any Draw -Back other Plantation ; upon due Certificate thereof produced, under the Hand and upon Expor- Seal of the ColleEtor or Naval Officer in fuch other Plantation, the Importer eation, Egc. here (hall be allowed to draw back the whole Duty of four Pounds by him paid ; and Order [hall be given accordingly. And the like Advantage of the Draw- back (hall be allowed to the Purchafer of any Negro fold within this Province, in Cafe fuch Negro happen to die within the fpace of fix Weeks next after Im- portation, or bringing into this Province. Penalty for not entring of Negroes. i ACTS -4 Uhl 14su i ,L:1111,1 til ll 1 I. Lin 1111...., 411110 Redd; A N N IE Regince )iiYtO. 1..1 !„ . de.rl.du.N. r t'o6. ' [o Cjarge . 'Lo)unQ Cert. mnithciAlm fe. 153 .A &s and Laws, PafTcd by the Great and General Court or Afremhly of Her Mab jetty's Province of tate Ma/l'ichu/efts-Baty in New -England, Begun; and Held at Boflon, upon Wednciday the twenty-ninth of May, 1706. CHAP. L An Ad for the better fecuring the Payment of Prifon Charges. J17 IIEREAS Perfons are oft -times arre/led and imprifoned for Debt, Preamble. or Pretence thereof, not having wherewith to pay their Pri fan Char- ges ; and the Goaler or Prifon Keeper, is corfirarned to feed and fiep- part them at his own Charge, to his great Lofs : For Prevention whereof : Be it t'nactcb hp iia iL4J:e ffency the eobtrtlotTV, Council anb t,efentattt:c:-3, in email! Court affclnbleb, niib by the 2utjaritp of the fame, That if any Attorney, Pra&itioner in the Law, or others, !hall Attorney's lie cattle any Perfon to be annealed and imprifoned upon mean Procefs for Debt able in Cafe. or Pretence thereof, and the Prifoner be unable or have not wherewith to pay his Prifon Charges ; the Perron at whore Suit he is committed, his Attorney or Lawyer that took our and caufed fuch Writ to be ferved ; in Cafe the Prin- cipal be out of this Province or Governtnent, (hall Eland charged for the Prifo- ner's Fees, Diet and other neceitary Charges, for fo long "lime as he (hall be held and detained in Prifon upon fuch Pi ocefs ; no further Profecution being had thereon to a judgment in Law, and be liable to the Goaler or Prifon-Keeper's Anion for the fame : Any Law, Ufage or Cullom to the contrary notwirh- ftanding. PM I C I -I A P. H. An Ad for a new Choice of Town Officers on fpecial 0 c ca%ons. J it £tt.?ifC lilt rt0 6.teittricp tit' d5obcrnon ,€ctutrlj filth Ise. Town011icers 1 prcl'ctitatittc its t cttcral COLirt affciubicb, anb l:l? tier c ztst ic�irn of may be C ho- `�£ runic, That when by Reafon of the Non -:Acceptance, Death or fen at any o- Rernoval of any Perron or Perfons chofen to Office in any Town at the General theyn Netting annua' Meeting for the Choice of Town Officers, there happens to be a 'Vacancy March i of or Wclnt of fuch Officers ; the Town being orderly ariembled, upon due \Yarn- Cafe. ing given and Notice of the OccaGon, may proceed to a new Choice of Officers 4' • & 112 to fitpply and fill up fuch Vacancy, at any other Town Meeting, the Reftri5tion `a' 12' of the Choice of Town Officers by Law to the Month of March annually not- withilanding. CHAP. III. An Aa. for erecting a Powder --Houle within the Town of BoJ]ont. HERE.AS for the better fecuring' and fafe keeping of the publick Preamble. Stock of Gun -Powder, and preventing the great Loft and manger of Caf ialties befalling the lame : And cc1 fidering the imminent hazard by keeping Powder in Store -Hayes with other Goods and 11'lerchandizes ; or in, or near to Dwelling-Houfes ; The Government have thought it receffary to Order the erefling and building of a pttblick Magazine or Powder -:loge on the Common or Training -Field in Bofton : T 1 • 1706. Anna Regni ANNIE Regime nto. 154 Penalty for lodging Pow- der in other Place, but the publick Pow- der Houfe. Saving. See Refolve at the end of this AQt. Payment for Merchants Powder, overnor tea Cbuncil to give Jnflruc- tions, L-fc. Keeper of the FIoufe to at- tend. How the Charge of Keeping the Houle is to be defreyed. Warrant &e. out of the Clerk of the Peace Office to run thro' the Province. IT W. ca. z. w,ceti!^ Posrevi3er=1,ottre. tri tnat re it tb crefole cnatteb by TM dxcclletttp the Onetitour, Council anti i, .eprefentat Oc , in c enteral Court ateinbieh, aub tp the ?Ittboiitp of trig fame, That froral and after the building and fitting the Paid Houfe for the receiving and lodging of Gun -Powder, all Gun -Powder imported and landed at the Port of Roflan, [hall be brought ro and lodged in the (aid Magazine or Store, and not elfewhere ; on Pain of Confifcation of all Powder put or kept in any other Houfe or Place ; one Vloiery thereof ro and for the life and Supply of the publick Store of the Province, and the other Moiety to the Informer ; to be recovered by Bill, Plaint or Information in any of Her Majefly's Courts of Record within the fame. Saving neverthelefs, The ordinary Town Stocks of Bo/lon and Charleflown from Time to Time ; the Fortifications and Garrifons immediately under the 'Governour's Command ; the Q antity of fifty Pounds at a Time in a Shop for Sale; and filch Part of the publick Stores as (hall be direEted by the Governoui.• and Council, from Time to Time ; to be lodged in other Place or Places. Ont be It furtfjev ettacteb by tije aittI ogItp aforefait', That for all Powder belonging to Merchants or other private Perfons put into the faid Ma- gazine, there (hall be paid to the Ufe of the Province, one Shilling per Barrel at the Receipt thereof ; and fix Pence per Barrel per Month, for three Months next after the firft ; and then four. Pence per. Barrel per Month, during it's ]y. ing there : Out of which (if there be fufficient to an aver it,)the Charge of looking after the faid Houfe and the Powder- lodged there, (hall be defreyed from Time to Time. The Governour and Council to give necefThry Inf}ruelions and Orders from Time to Time, as they fhall think fir, for regulating the keeping of all Powder put into the faid Magazine, for the preferving thereof ; and that it be turned 'once a Month at the leaf(. And the Keeper of the faid Houfe fhall duly attend at proper Hours to be afrgned by the Governour and Cotu:cil, for the receiving and delivering out of Merchants Powder. And if at any Time the Payment for Merchants Powder(an Account whereof shall be rendred on Oath) will not defrey the Charge of looking after the faid Houfe, fo much as is wanting, (hall be paid out of the publick Treafury. rAt a Great and General Court held at Boflon,on the fecondDay of March, r72 r. Queflion, Whether in the A& Intitled An AS for crec`ling ofaPow-' der-Houfe in the Town of Bolon, made in the fifth Tear of Queen Anne; the *Saving therein :mentioned doth not intend all the Gun -Powder belonging to the Province ? .Kefolved in the .41firmative ; and that it is to be conflrued and underflood of all Powder removed by Order of the Governour and Council for the Pro- vince Service.] CHAP. I.V. An Amal for the better preventing of Criminals avoiding of Juftice. it bedaub attb cttactrD Irp to excellency the Cafi.erltouti•, Council attb litrprefetttattbeo itt General Court atlemhlcb. attb bele au= tfjolitp of tlj' a fame, That allWarrants and Summons in Criminal Mat- ters, iffuing out of the Clerk's Office of the Court of General Seffions of the Peace for any County, upon Complaint, Prefentment or Indi&ment lying be- fore fuch Court ; (hall run through the feveral Counties within the Province, and be duly executed by the Officer or Officers to whom they aredire&ed, ac- cording.to the Tenor thereof ; as is already by Law provided for Writs in Civil Caufes. ACTS kaNecusersa Anna Re ni A N N .7E Regine Sexrd. iaatesS of wan y wotnz 2.1certatneb. A&s and Laws, Paired by the Great and GcrieralCourt orA.ffennhly of tier Majef{y's Province of the Magfachtgetts-Bay in New -England, Begun and Held at Bof}oi1 uponWcdnefiiay the twenty-eight of NI ay, 1707. CHAP. L An Ad in Addition to the Act dire&ing how Rates or Taxes to be granted by the General AsTembly, (hall be aff'; ffed and collected. HEREAS the feveral Towns within this Province are by Law bib; powred annually to choofe .Affefors di flinit from the Selec`l-Men for the apffing of the TownsProportion of all publick Taxes laid from. Time to Time, by Order of the General Afembly : X55 - • 4 W & ll�. re it bedaub situ cuactcb by fjii excellent!) fit e eobernatir, Condi ca. 13. anti tteprefetlttltibtO in enteral Court affetnbleb, anb tip Olt 2utjolitp A efi'or6; of t' a fame, That the Aflefrors from Time to Time chofen in each Town diftind from the Selc&,Men, (hall be the Affeffors of fuch 'Town's Proportion alto, to the County and Town Charges : who !hall likewife.be under Oath to the Difcharge of that Trull:, according ro the Rules and Direetions in the Law in that Refpe&, and td be under the like Penalty for not accepting and ferving as is by Law directed for the Province Tax. And every Town may choofe a ColleEIor or Colle&ors for the gathering of CoIle&ori, the County and Town Charges, if the Inhabirants (hall think fit ; as the Law provides for the Province Taxes : Ant Law, Ufage or Cullom to the contrary notwithflanding A ey of Parliament. CHAP. IL An Al for Afcertaining the Rates of Forein Coins in Her Majefty's Plantations in America • HEREAS for Remedying the Inconveniencies which bad arifen from the different Rates at which the fame Species of Forein Silver Coins did pair Preamble: in HerNlajefiy's feveral Colonies and Plantations in America, Her MoJi- Excellent 1'Viajelly has thought fit by Her Royal Proclamation, bearing Date the Eighteenth Day of June, One Thoufand Seven Hundred and Four, and in the Third Tear of Her Reign, to Settle and Afcertain the Currency .of Forein Coins in Iyer faid Colonies and Plantations, in the Manner and Words following : E having had under Our Confideration the different Rates at which the fame Species of Forein Coins do pats in Our feveral Colonies and Plan- tations in America, and the Inconveniencies thereof, by the indirect PraEtice of Drawing the Money from one Plantation to another ; to the great Prejudice of the Trade of Our Subjeets : And being Senfrble; That the fame cannot be othcrwire Remedied, than by Reducing of all Forein Coins to the fame Current Rate within all Our Dominions in America ; And the principal Officers of Our Mint having laid before Us a Table of the Value of the feveral Forein Coins which ufually pals in Payments in Our faid Plantations, according to their Weight ; and the Affays made of them in Our Mint, thereby (hewing rhe juft Proportion which each Coin ought to have to the other ; which is as fol- lowcth, 1 .;4 • 1, v • i 1707. r56 1, .i 11 a 1,1 61 : 11 1 111 J : „ I I Silo Regal A N N . E Reglncc- Sexto. 111111 I i i 1 IJII nn1111 11.11 11.11 ,1•11 100j11111 11I61Idi1 , 1.1.1 11 i 1 111 i: 1 1 11 i I I I I 1 1: III 1 1 sYra•.. atez of fogtn Coin' 2tfccrtaincb. loweth ; viz. Sevill Peices of Eight, OId Plate, Seventeen Peny-weight Twelve Grains,Four Shillings and Six pence; Sevill Prices of Eight, New Plate, Four- teen Peny-weight, Three Shillings Seven pence One farthing ; Mexico Peices of Eight, Seventeen Peny-weight Twelve Grains, Four Shillings and Six pence ; Pillar Peices of Eight, Seventeen Peny weight Twelve Grains, Pour Shillings 4nd Six -pence Three farthings ; Peru Pieces of Eight, OId Plate, Seventeen- Peny-ss eight Twelve 'Grains, Four Shillings and F1ve-pence, or thereabouts ; Crofs Dollars, Eighteen Peny-weight, Four Shillings and Four -pence Three -far- things-; DucatoonsOfFlanders, Fwen tyPeny weight and Twenty-oneGrains,Five Shillings and Six -pence ; Ecu's of France, or SilverLewis, SeventeenPeny- weight Twelve Grains, Four Shillings and Six -pence ; Crufadoes of Portugal, Eleven Peny-weight Four Grains, Two Shillings and Ten -pence One farthing ; Three Gilder Pieces of Holland, Twenty Pcny-weight and Seven Grains, Five Shil- lings and Two -pence One -farthing ; Old Rix Dollars of the Empire, Eighteer, Peny-weight and Ten Grains, Four Shillings and Six pence : The Halts, Quar- ters and other Parts in Proportion to their Denominations, and Light Prices in Proportion to their Weight : We have therefore thought fit for Remedying the laid lnconveniencies,.by the Advice of OurCouncil,to 1-'uhlilli andJet:Lire, That from and after the First Day of January next enfuing the irate hereof, No Sevill, Pillar, or ;vlexico Peices of Eight, though of the full Weight of Seventeen Peny-Weight and an half, fiiail be Accounted, Received, faker or Paid within any of our faid Colonies or i'lainations, as well thole .under Pro- prietors and Charters, as under Our immediate Commit ion and Government, ac above the state of Six Shillings per Piece Current Money, for the Difcharge of any Contra`1s or Bargains w be made after the Paid Firft Day of January next, the Haifa, Quarters, and other leffcr Pieces of the fame Coins to he Accounted, Received, Taken, or Paid in the fame Proportion : And the Cur. rency of all Pieces of Eight of Peru, Dollars, and other Forein Species of Silver Coins, whether of the fame or Bafer Alloy, (hall after the Paid Firft Day of jarurary next, (hand Regulated, according to their Weight and Fine. nets according and in Proportion to the Rate before Limited and Set for the Pieces of Eight of Sevill, Pillar and Mexico ; So that no Forein Silver Coin of anySort be permitted to exceed the fame Proportion upon any account what foever. And We do hereby Require and Command all Our Governours, Lieutenant-Governours,. Magiftrates, Officers, and all other Our good Subjetts within Our Paid Colonies and Plantations, to Obferve and Obey Our Dire&ions herein, as they Tender Our Difpleafure. And whereas notwithflanding the Jaid Proclanlation,t.he fame indireb7Pr ottices as care therein mentioned, are /till Cori vied on within foine of the faidColonies or Plan - rations, and the Money thereby drawn from one Plantation to anot,be,•, in Prejudice of the Trade of Her Majefly's Subf etis: Wherefore for the better Inforcing the due Execution of Her MajeJty's laid Proclamation throughout all the faid Colonies and Plantations ; and for the more efgual Remedying the faid Inconveniencies there- by intended to be Remedyed : tie it enWtcb by t jeirteu'0 moil excellent E a;eftp, by anb tItfj th e bice anb Cogent of the Lo1b0 piritu tl anti 'temporal, anti Curnrrtang trio relent parliament affernbleb, anti sip tfje 5.utjiolitp of tfjt farce, at if any Perfon within any of the faid Colonies orPlantations, as well thole er Proprietors and Charters, as under 1-Ier Maje(ty's immediate Com- mon and Government, (hall after the Firft Day of May, which (hall be in Year of Our Lord, One Thoufand feven Hundred and Nine, for the Dif- rge of any Contrasts or Bargains to be thereafter made, account, receive, e or pay any of the feveral Species of Forein Silver Coins mentioned in before -recited Proclamation, at any greater or higher Rate than at which fame is thereby Regulated, Setled and Allowed, to be Accounted, Re- ed, Taken or Paid, every fuch Perim fo Accounting, Receiving, Taking or Paying the fame contrary to the DireLtions therein contained, (hall fuller fii; Penalty for !lb accounting, to receiving ta- Th king or pay- and ing any of the mifeveralSpecies of Forein Sil- the verCoinshere- cha in mentioned, tak at any greater or highcrRate Che after the fief the •f May,17o9. cciv 14. a, 74 tA • 1: II II I. � N. I 111 I : I 1 1111 I III :I 1 11 Ylnno Regni....A. N N JE Regrets free Rotors, &c. fix Months impitfociment without Bail or iviainprize ; Any law, Cutm or U(age in any of the Paid Colonies or Plantations w the contrary hereof in any y wife notwirhffanding; And fha!1 likewise forfeit the Sum of Ten Pounds every fuch Offence ; One Moiety thereof to Her. Ma•eff for Succeffors; the other Moiety to fetch Perfon or Perfons as� (hallrfue efor irs and t fame : To be Recovered with full Coils of Suit, byAcfion of Debt Bill P jnc or Information, in any of Her IVIajeffy's Courts of Juftice within an o1f tent Paid Plantations, or in any of the Courts of ,Juffice of the Charter or any he tary Governments where fuch Offence !hall be committed. oprie- Provided neverthele s and it is hereby i� Declared, That nothing in the before recited Proclamation, or in this Act contained, fhal l extend, or be confer ued to compel any Perlbn to receive any of the Paid Species of Forein Silvery Coins, at the refpeetive Rates in the faid Proclamation mentioned. Provided alto, and it is hereby further Declared, That nothing contained, (hall Extend or be Conflated to Reftrain her Ma'e nothing in this AJ lacing and Setling rhe feveral Rates of the faid Species of Forein Silva Roins within any of the faidColonies or Plantations, in fuch otherManner, andeCoins s accord- ing ro filch other Rates and Proportions as her Majeffy by her Royal Procla- mation for that Purpofe to be iffued, (hall from time to time judge properand neceffiry ; or from giving Her Royal Affenc to any Law hereafter to be madeane in anyof the faid Colonies or Plantations, for the Setling and Afeertaini g Current Rates of fuch Coins within the laid Colones or PI'antaiions . bur the fuch further Regulations may be made, and filch Affenr given, in as ur that ample Manner, to all Intents and Purpofes, as rhe fame might f"11 donene in Cafe this ACI had not been made, and no orherwile : An have been before contained to the contrary hereof in any wife notwithflanding. herein CHAP, 1IZ. A.n AC'c for the Regulatingorfree Negroes, of,mac. HEREAS in the feveralfowns and Precinas within thisProvinc there are feveral fret Negroes and e, Preamble: •for -labour ; who are not charged zvitl �rain�ns able of Body, and fit Services required of Her Ma je fly's. Subje�ss ; whereo matches, and other Benefit : f they have ,SlJare,in tlJ.e 1 t ft enntttb bp bio c?pccift,icp ere CCobernor, prefcrrtatiocx, ill J�cncra! Court alterniilcb, crab rbp'tljerlTuth il anb o Olt fame, That the Se1ec'f-Nlen of each Town or Precin&[�?E�roes, &e: arc impowrcd to Order and Require fo many Days � be, and hereby L'(;!Iil i11��pc ro Male Negro, or MoJarto, able of Body, dwelling Work yearly of each free � ratnings,&�, Pre - chid ; in repairing of the within fuch Town or .Pre - High -Ways, cleanfing the Streets ; or other Service for the common Benefit of the Place, as at the Difcretion of the may be judged an Equivalent to the Services performed by others, aslaf Men, And every Negro or Molatto as aforeftid, been duly orcfaid. 11:Ten or ocher Perron appointed by them, that Miall ne lectwaorerefute bt Jaen d and perform the Labour and Service at ,the Place and Time, as hto attend (hall forfeit .and pay ro the Ufe of the Poor of fuchTown or Preci is directed ; flings per Dien), for each Days negleet of his Duty in that Ref's n&five Shil- l enalry for,' anb it it further enartet�, That .all free Male 1 e& negle�i, the Age of fixteen Years and upwards, able of Body, in Cafe of Alaror oes, of ll make their Appearance at the Parade of the'militaryComa Alarm, Miall wherein they dwell ; and attend fuch Service as the fir(( Comri(fio rhe Pietro& To attend ;n. fuch Company (hall dire&, during the Time the Company continuesn Officer of CafeofAlarm, on Pain of forfeiting the Suin of twenty Shiliiigs, to the U'i� Arms or performing eight Days Labour, as aforefaid ; •without(rg of n Company, xcule made and accepted, for not attending, Excufe 11 Ii 11 1 I I!I IY 1, n: .. 1707, ' 57 2110 1 08. Anno Regni A N N .IE Regime Septunor 8 Common f2ufance5, Dittratteb perfort5 • Not to har- Z110 be itfurther modal, That every free Negro or Molatto,'who (hall bour Servants. harbour or entertain any Negro or Molatto Servant in his or her H oufe,without the Leave and Confent of their refpeEtive Maters or Milli-efl"es ; fhall forfeit and pay the Sum of five Shillings, to the Ufe of the Poor of the Town, for each Offence. And if any Negro or Molatto as aforefaid, fhall be unable to pay his or her Punifhment Fine • or (hall neglect or refute to attend the Labour affign'd him as aforefaid ; in Cafe of not ' paying their any of Her Majefly s Juflices upon Complaint thereof made, are hereby im- Fit,es, powred to commit fuch Delinquent to the Houle of CorreEtion, there to re- ceive the DifcipIine of the Houle, and to be kept to hard Labour double the Number of Days aligned him to Work as aforefaid ; or as is tihe Sum of' his or her Fine, at the Rate of one Shilling per Dietn. 4 IF. Sc M. ta. 9. Leather Dref- fers compre- hended under the Denomi- nation of Curriers. 6 IF. & M. ca. 2. A&s and Laws, 'afI'ed by the Great and General Court or Affenibly of Her Majefly's Province of the Maffacht fetts-Bay in New -England, Begun and Held at Boflon, upon Wcdnef play the twenty-hxth Day of May, 1708. CHAP. I: An A& in Addition to and Explanation of the AE for Prevention of common Nufances. HEREAS in the Si Intitled, An Acct for Prevention of common 0W— Nufances, ariling by Slaughter-Houfes,StiII- Houfes ,Ta1Iow-Chand- lers and Currrers, made and pafs'd in the fourth rear of the Reign of KingWilliam and Queen Mary ; 3t i0 Directeb anO ,trbfrCt, " That there be Houfes fpecially aflign'd for the lalling of Meat, Milling, trying of Tallow, a and currying of Leather, where they may be lets offenfive : And that the faid << Callings be exercifed in no other Places : 113e it cclareb ani canna bp tiffs Q.rcelrcncp tlje eobernonc, wait: dr ani 3aeai: amtnt> oco, fit soma '!Court aiicintireb, nub ftp try an: t joftp of the tante. That the dreffing of Leather,either with Lime, Allum or 011 ; and particularly the latter. is intended, comprehended, and fo to be underflood in the faid A6t under the D enornination of' Curriers ; and is hereby declared a common Nufance ; and forbidden under the Pains and Penalties in the faid Ael mentioned. CHAP. II. An A& in Addition to the A& for the Relief of Idiots and dif}ra&ed Perfons. WH.EREAS in and by the Ant Intitled;AnAel for the Relief of Idiots and diftraited Perfons; made and pafs'd SextoWillielmi etMario, the yufliccs of theSuperiourCourt of judicature are thrilled and impow- red to licence and authorize the Select -Men or Overfeers of the Poor of the -'own or Place whereto fuch impotent or dillracted Per fon belongs ; or fuch others as the faid juflices fhall think fit, to make Sale of the Houfang and Land of any fuch impotent or di flrael ed Perim; the Produce thereof uponSale to be fecured, improved and imployed to and for the Ufe Relief and Safety of fuchPerfon, as the 7uflices [hall direct ; as long as thePerfon. l$all live, or until he orthe be reflored to be of found Mind : And the Overplus (if any be) to and for the Ufe of the next and right Heirs of fuch Party : which U/es being fo re- frained and limited, the jufl 'Debts of the Party (in Cafe fuch there be) cannot bi paid thereout ; which expofes the .Eflate to Lofs and Charge of Law -Suit for recovery thereof s 1st .Gln° Regni A N N 1 i, Regin1e Seto. S :s c e % tris d 9 A'd 133 iy" t''°rc etc bcc[:.r'c)'lith t'l„i!ft'b b? 1,'i�=, �. Tull: o tilts (C'ot1rrfotlt', t 1 �« )1Z,4.nr• � i�iL"~ ate �+�. �T i�N'17 'Ij �� rj Al '^�r� i .�c t c 1irJ s _�,..-n�rst,r,. ,3 It �.�_bl tai Conti nfetitbiet., anal lip tlje giIu: tbc4ftp of,:, the fame, That the Goods, Chattels, IIoufing and Lands of any impotent or diffra&cd I'erfon, or the Produce thereof upon Sale made, by Li- cence and Impowerment as aforefaid, bc fubjec'ttin thc fir(1 Place, and be accord- ingly fo diretted and applied to the Payment of the jufl Debts owing by fuch Perron, which were contratacd before the Time of his or her Diflradtion : Any Refit -ha -ion or Limitation in the afore -recited A61, Law, Uftge or Cullom to the contrary notwith(tanding. An A i7070 '59 EIiate of Pcr- fonsdiUratred, fuhjeta to the Payment of D their Lcvta. _b.: • Paffecl by the Great and General Court or AfIe:nhly of Her Majcty's Province of the .Ai- achrrfeits-.Bay in .New-EnnlancJ, Begun and Held at Boflon, upon Wednefday the twenty-fixth Day of May, 1708. And continued by feveral Prorogations unto Wedneflay the fixtccnth of February following, and then met. C II A P. III. An A& in Addition to the Ad for Regulating the Affize of Calk for Tar, Pitch, Turpentine, &c. and for pre- venting Frauds and Deceit in the faid Commodities. ft ennaaw illi bio :carom] tljje dbobernottr, condi anb torte 4 A ca. t: feittcitibc5 in CSencral Court £±ftemblO, ant' lip the 2atrjnitp of the fame, That all Perfons from and after the Publication of this Acct, who Tar, &c. to are Makers orDrawcrs of Tar, Pitch, Turpentine and Rozin in anyTown with- be mark'd on in this Province, 'hall after the making thereof, and before they expofc the the Head with fame !to Sale, tet the fit -ft Letters of their Names, with a Brand iVtark, on the a BrunponCc k and uponCer- bell Bead of the Barrel they put it up in ; and (hall alto caufe the fame firfl to tificate from be fcarched by the Searcher : and upon his Certificate, to be entred by the the Searcher Town Clerk, in a particular Bobk for that End, with the Name of the Owner, Trto be Regi - Time of Entry, and Mark, in the ead of every Barrel ; in the 'Town where tired, the Maker or Drawer lives. And the Town Clerk fhall bc paid by the Owner Town Clerk's thereof for recording and giving out Certificate, the Sum of fix Pence for each Fee for Regi - Parcel. And all Tar, Pitch, Turpentine and Rozin that 'hall be fold,difpofed !ler& Certiti- of or tranfported out of theTown where it is made, before it Le fearchcd.,mark- tate. eel, both with the Marker and Searcher's mark, and recorded as aforefaid, 'hall be forfeited. And if any Man (hall prefumc to counterfeit another Man's Mark on any of the ftid Commodities, he than pay as a Fine the Sum of four Pounds for each Barrel he fhall make a counteifcit Mark upon. And the refpe&live Oflicets appointed and to be appointed in each Sea -Port Town within this Province, to Search, Survey and Gage all Tar, Pitch, Tur- pentine and Rozin, according to the Law, fhall bc paid for all of the faid Com modifies, that (hall be exported out of thc Province, by the Shipper, the Sum of three Pence per Barrel, for their Service therein, inflead of the two Pence per Barrel in the Law already enaeled. . 2.1i1b it (N ft!rt1ij£r gnaw by he Tatt o ltpj afonefno, That all Fines, Fines andFor- Penalties and Forfeitures arifing by Force and Virtue of this Ac't'hall be the fcicures how one Half to the Ufe of the Poor of the Town, where the Offence fhall be to bedifpofed. difcoverand Seizure made ; and the other Half to him or them that fhall inform and file for the fame, in any of Her Majefly's Courts of Record within this Province : Any Law,U fage or Cullom to the contrary not s'ithflanding. �is .'y Counterfeit- ing the Mark; Fee forSear- cl:ing before Shipping, r CHAP. 9 '11 I t 3' i, • 1706.Ai10 Rcgni A N PN.; Regin Q into. tho An A 61, Paffed by the Great and GeneralCourt orAffembly of HerMajef}y's Province of the MW itch:Vetts-Bay in New -England, Begun and Held at .Boson upon Wednefclay the twenty-fifth Day of May, 1709, Preamble. Additional Aft. za. fl. ca. 9 1 &a G. z. ca. 4. Owners Meeting. CHAP. L An Ad for the Upholding and Regulating of Mills, frHEREAS frequently there are divers Partners, Owners of .lhlills erected far the commonUfe andl cnefit of the refpec7ive7 owns where- in they are,and oft -times improved by thelnhabitants ofNeighbouring Towns : And foraf such as by Reason of V ifagreement, Death or Decay of fame of thePartners, or perplexity byEntail 012 theirV efcendants,Mills fame - times fall to delpair, and are rendred t felefs and un/e.rviceable, if not totally dentolif�ed, to the Hurt and Detriment of the nublick, as well as Loft to the other Partners, who fund ready to advance their Parts of the Charge for re- pairing, amending, or rebuilding of the fame : '13e it tberefole niacteb bp iia eyfettencp the (13obernatir, Council eitmb 31`eprefentutibe0 in ©entral Court nfembleb, anti by tije 2u- tborttp of tlje fame, That when and fo often as it !hall happen any Mill, or Mills, Mill Dam, Flood Gates, Slucies, running Gear, or Appurtenances, to be demolifhed, broken, woi n out, or Hand in need of Repair and Amendment, it (hall and may be lawful to and for any one or more of the Partners, on Know- ledge thereof, to notify and fummon a general Meeting of the whole, at the faid Mill or Mills, on a certain Day and Time, within fifteen Days next after the if icing of fuel; Notification or Summons, to confult and agree about the re- building or repairing of fuch Mill or Mills, or Appurtenances, or Defeets there- in, to make them ferviceable. Major Part of And if any Partner being fo notifyed, fhall negle& to attend filch Meetin the Intereiled to dire&t. Advance for any Partner how to be fecured. or being meet shall refute to agree with the major Part of the Interefled for rebuilding, repairing and fitting up of fuch Mill or Mills, fo as to make thein ferviceable, or to pay his Part of the Coll and Charge thereof, the reft of the Partners, being the major Part of the Interefled, may dire& and cause the fame to be done, and (hall be reimburfed and paid fuch Sum or Sums as they or any of them fhall advance and difburfe thereon, over and above their own retpe&ive Shares and Proportion, with Interefl for the fame in the Interim, out of the slid Mill or Mills, or the Profits or Earnings thereof. And it shall and may be law- ful for them, and they are hereby irnpowred to demand, file for, recover and receive the fame accordingly : Any Law, Usage or Cullom to the contrary notwithflanding. Toll. .Tnb be it furtber enntteb by the Clutb4itp nfogtfaib, That every Miller fhall be provided of Scales and Weights to weigh Corn to and from the Mill, if desired : And the Toll for grinding all forts of Grain, shall be one sixteenth Part, and no more : Any Law, Ufage or Cuftom to the contrary notwith, (landing. Provided, That nothing herein contained (hall be conflrued to annul or make void any particular Contra& or Contras made or to be made, refpe&ing the Repairs of any Mill or Mills. Saving. Ari lib air Anno Emil it A N .2E Reg ins O&a vo. rains, &c. An A&, Paffed by the Great and General Court or Ali%mbly of HerMajcffy's Province of the Ala/fachu/itis-fay in Neth -England : Begun and hell at Bo/ton, upon Wedhehiay the twenty-fifth Day of May, 1709. And continued by fcveral Prorogations untoWedncfday the twenty-fixth of Utloher following ; and then met. CHAP. 7I; An Ad for Regulating of Drains, and common Shores. m OR preventing of Inconveniencies andTDainages by frequent breaking tip Preamble. the High Trays, Streets, and Lanes in Towns, for the laying and re- pairing of Drains, or common Shores, and of Differences arifing among Partneri in Erich Drains, or common Shores, above their Proportion of the Charge for making or repairing the fame : 115e it rnaftft by bio CjtcIIrnrp the (' eiicrtlottr; Ceulicit nnb i}tcpre- fenratibe , in ecncraf Court wells .[rb; an -0.4 the atctbolftp of the faint') That from and after the twenty-fifth Day of .Afarch in the Year of our Lord, One Thoufand feven Hundred and ten, no Pcrfon may prefume to dig or break up the Ground, in any High Way, Street or Lane, within any Town, for the laying, repairing or amending of any Drain, or common Shore, without the Apprdbatiori and Consent of the Sele&-Men, fignifted in writing under the Hand of the Town -Clerk, on Pain of forfeiting twenty Shillings, to the life of the Poor of fuch Town, to be levied by Warrant from any one of Her Ma- jcfly's Juflices of the Peace ; and to make good all Damages occafionecl by filch Breach. glib be it further ciiacreb, That all Drains and common Shores for the draining of Cellars hereafter to be made or repaired in any Streets or High -Ways, shall be. fubflantially done with Brick or Stone, in filch Manner as the Sele&= Mets of the Town (hall &e&. And that it than and may be la'vful to and for any oho dr more of the Itlhap bitants of any Town, at riis or their oti (n Cofl and Charge, to make and ]ay a common Shore or main Drain for the Benefit of themselves and others, tliat shall think fit to join therein. And every Person that fha11 afterwards enter his or her- particti ar 1 -)rain into Edell dbrrimor>' Shore, or main Drain ; 6r by any more remote Means receive Benefit thereby, for the draitiittg of their Cellars or Lands ; shall be obliged to pay unto the Owncr or Owners of filch common Shore, or main Drain, a praportiodable Part of the Charge of making or re- pairing the fame ; or fo much thereof as fhal l be below the Place where any particular Drain joins or enters thereinto' ; at the Judgment of the Sele&-Men of the Town, or major Part of them. Saving a Right of Appeal to the Cofirt of General Set lobs of the Peace, to the Party aggrieved at any fuch Determination. Provided, This A& shall not extend to the altering of' any partieular Agree- ment or Contraet, made betwixt Perfons Interefled in any Drain or common Shore. r n AN ,j, Penalty for digging or breaking up the Ground in any High. Way, Street. &c. without Approbation': Drains and common Shores to be regulated by theSele(1men; Liberty to lay a Main Drain or common Shore. Perfons re- ceiving Bene- fit thereby, to pay towards the Charge; at the Judg- ment of the Selea. men. Appeal. Cor traets faved. :I, Ll 'I fr , s M /0 /^ t\. Anno Regr:i A N N .IE Regime- Nono. 162 1 .teas', &e, jFer°rp Ober Charles --River. An A LI, 4. Pr. ca. 9. Obfruftion of the Cowie of Fifh in Ri- vers, by Wears, &c. a common Nufancc. None to be levied or fet up, without Allowance of the Court of General Seffi- ons of the Peace. Provifo. Preamble. 6 W. & M. ca. 6. and References. Paffed by the Great and General Court or Affemblyof .I-IcrMajefly's Province of the Ma/%rtcbufetts-Bay iuNew- ;r.nland,Bcgun and held at flofion upon Wednefday the twenty-fifth Day of May, 1709. And continued by feveral Prorogations unto Wcdnelday the firfi of .February following , and then met. CHAP. III. An Aa to prevent Nuances by Hedges, Wears, and other Incumbrances, obitru&ing the Paffage of Fifh in Rivers. it macro bit MI &ttiteltcp the d"�stcrllnitr, Couilcll tate e- pvcfcittatibcz, in c-cncral tom aticut teb, nub lip zit Qtttflq itj of the latae, That no ears, Hedges, Fifh-girths, Srakcs,Kiddles, or other Diflurbance or Incumbrance, {hall be fct, crefted ormade, ion or a-crofs any River, to the flopping, obflruding or firaitning of' the natural or ufual Coude and Paffage of Fifh in their Scafons, or Spring of the Ycar, without the Approbation and A llowance HI had and obtained from the General Seflions of the Peace in the fame County : who ale hereby authorized and impowred. on Application made to them at their Seflions, to grant Liberty for the fame ; or to deny it, as they fhall fee it to be cithcr a publick Good or Damage ; and fo yearly from Time to Time, to bc allowed or difallowcd, as they 'hall direa. And that all Wears, Hedges, Fifh-garths, Stakes, Kiddies, or other Incum- brance whatfoevcr, let up and Made, 6r hereafter to be levied, fet up of made in, on, or a-crofs any River, to the ffraitning, obfirufting and flopping the na- tural, common or ufual Palragc of Fifh, in the Spring or proper Scafuns of the Ycar, without Approbation or Allowance firfi had and obtained for the fame, in manner as in and by this Alf. is dircftcd ; arc declared to .be a common Nufancc, and thall be dcmolifhed and pulled down ; not to be again repaired or amended. .And that on Complaint lnadc to the General Seflions of the Peace, or to any two Juflices of the Peace Quorum Unus, in their ref- peEtiveCount'ies; a Writ {hall be granted to the Sheriff'orConfhblc of theTown where the Nu lance is done, to caufc the Party or Parties complained of, to be examined; and upon Convitaion to remove the fame; and to command fui- table Afliflancc therefor, at the Colt and Charge of the Perfon or Perfons fo offending. Provided, That nothing herein contained fhall be conflrucd to extend to the pulling down or demolifhing of any Mill Dam already made, or that fhall here- after be lawfully and orderly made. Acis and Laws, Paired by the Great and General Court or Alterably of Her Majeffv's Province of theMafrcbtcf tts-Bay inNew- England,Begun and Held at Bo/Jon, upon Wednefilay the thirty-firfi Dai- of May, 1 71 0, C H A P. I. An Adt for the better Regulating the Ferry over Charles - River, betwixt Boflon and Charlefiown. IERJZAS feveral Petitions have been humbly offered ered to tbh' Court from Charleftown,Carnbridge and Woburn, igned by many of the In- habitants of the frier 'owns ; and of divers others, Inhabitants of the adjacent Towns within the County of Middlefex, complaining of great Re- 2taifrnefs and Neglec`l of due Attendance of the laid Ferry, to the very great Vett-Intent 4 k J Airno Reit/ A N N 1, R winc Nono: , rjio. ' Rate o 4f l tte 'a te5- >t b 4 3 Detriment of the Province ; and having thereupon been attended by the`I rea- /furer of the CoI(ege (the Profits and Revenues of the fail Ferry beino- turanted to Harvard College in Cambridge) and fen the Leaf by him made of the fiid Ferry for feveral Years yet to come. For Redrefs of the Grievances complained of ; and to the intent the /aid Ferry may be accommodated for the Good and Service of the Province, and o f Her Ivfajelly's Subjells within the faire, much increa/ed over :-chat they were dt the fide/ plily of the Ferry, rozu become a great Paffirge for Tran fporta- tion : which that it may be done with the 171010 Eafe and Speed, the faidLeafe or Leaf's notwitbflanding : `c it man by bio CFcciccucy bile C3o.. acrnotir, Council anb £ N Three Boats putretltatitc �, in l�'cntr l Court attenthicb, 11111. ins tilt ktlttii dimity of ti attend the tijc faint, That henceforth there be three f uflicient f uirable Boats and Appur- Ferry. tenances, with able, (ober Perfons to row in them, kept for the' I'ranfpo•tation of Perfons and Horfes over the laid Ferry : One of' which in Turns to be al- ways palling on the Water from Side to Sidc, in all proper Seafons when Boats may fafely pats ; not being•obflruc�led by Ice, or extraordinay florrny'��reather: In r G.ca. q.. I{ our Boats. And as any one of thq fiid Boats fhall Land on cithcr Shore, the other Boat on the fame Side to put off immediately : The three Boats tb continue plying; from Side to Side with all Indu(iry and Diligence daily (e.xcept on the Lord's Bn�estaf nm - Day, and then to pat" no of•tncr than Nceeflity !hall require) from Sun rife, from P untl until nine of the Clock,at Night, from the fir(t of April until the firfi of Olio- the feveral ber : and until eight at Night from the f7rft of Oflober to the firfi of April Hours, ar annually. .And after thole hours, upon any neccfliiry Occafion ; and to bc Night. 4 and Night. paid one Shilling, if it be one finglc Pcrfon ; and if more, then double Ferrage for the whole Number, over and above one Shilling among all the Pafhcngers, in equal Proportion. And that the Boats be lodged on that Sidc every Night where they arc owned: The laid thrccBoats to be three feveral !operate Intercfs,notall ofoneTown. tereilrate In= A nd the Ferry -Men employed in the Paid Boats refpec'lively. (hall give con- flant and diligent Attendance ; and not deny or delay the fpeedy carrying over Conflant and any Pafrenger or Paficngers, according to the true Intent and Meaning of' this andtendiligent Ar- thc former Laws relating to the Paid Ferryunder the Penalty therein provided. quire re - the Y 1 gusted. Adler preventing of Jlbufes eft -times offered to Ferry -men, by cheating them of their F crragc ; or putting them to drake unreafonable .Excharrte Esc "it etii:lt1`cti In) the ciitrl?olitit acaxefnch, That it fhall and may be lawful Ferrage to be to andT for the Ferr -men to demand and receive Pa of all Paffen beforepaid before ' y gcrs Landing. they fet them on Shore : And thatthc Ferry -!lien {hall nor be required or•ob- Unreafonablc lilted to exchange for above the Value of three Shillings and ix Pence, where .% Exchange not the Ferrage does not exceed that Sum, o to be required. CHAP. IL An Ad in Addition to, and for Explanation of the A& for q. w St M. the Settling and Diftribntion of the Ffiates of Inteftates. ca. 2. 0- en sarin iia Cr'tciicncv tut 633`vcrt;'ntr, Zotttiril anti t%cprc.; fenttlti.btO ill Gtnerat Court nl einblct, alth bty talc irtfo2iti' of tlje faint, Thar, if after the Death of a Father, any of his Children (hall die Inreflatc, without Wife or Children, ib the Life -time of the Mother, every Brother and Sifter and the Reprefentatives of them, (hall have an equal Share with her in the Eflatc of the Inteflare : Any Thing in the aforefitid AEI for the Settling and Diflribution of the Elates of Inteflates to the contrary there- of in any wife, notWlthflanding. dl tib tic it furthcr itla(tCt7 b? tl)f satttIao*p afbiffairi, That cvcry judge of Probate in milking alp and palling the Accounts of Adminiflracion of' the E- flates of Perfons deceafcd, be, and is hereby dircfled to have Confidcration, and make Allowance of neceffitry Bedding, Utcnfils and Implements of Houfhold, necefThry Brothers and Sifters of any Perfon de- ceafed In- teflate with- out wife or Children to be Sharers with the Mo- thcr. 4 ha t. 'i 3l { r' i o, /inno Rrbni A N N IE Regime Nono. 164 totunt-Dfficet♦f4 *to2Drt♦Z of aloob. 2taintetztris. Allowance to Widows. to W. ca. 2. Preamble. Searchers and Sealers of Leather ; and Clerks of the! Market, Pe- nalty for re- futing to Terve. 4 ca. 4. Select -Men to appoint the Fee of Wood Corders. 4W' 9M. ca. 13. Towns and Precin&s al- lowed w choofe Col- Ieaors. necef3ary for the upholding of Life, to the Ufe of the Wife and Family of the Deceafed; where Provlfion is not made for the Wife in that Ref-pctt by Will. And fuck necefthry Bedding, Utenfils and Implements iof Houfhold, flail! not be accounted Affets in the Hands of the Executor or Adminiflrator, nor fubje&h to the Payment of Debts, altho' the Eflate prove Infolvent : as they could not have been levied or ditlrained for Debt in the Parties Life -time : Any Law, Ufage or Cullom to the contrary notwithflanding. CHAP. 11I. An Ad relating to Searchers and Sealers of Leather, and Clerks of the Market. WIIERRAS there are feveral I-oivn Ofcers of whom an Oath is by Law required, but no Penalty provided upon their Refitfal : lire it two lin j io (iTCclicticp the Cl;"OberllOtlr, Council nub Arm: fetttatibcY tit (lateral Cart affettlbleb, alib by the Zlitjolitp of tot faint, That if any Cerfon chofen to the Office of a Searcher and Sealer of Leather ; or Clerk of the Market in any Town, fhall refufe to take the Oath refpettively required by Law for executing of tach Office ; without reafonahle Excufe made, and accepted by the juflices of the Court of General Seflions of the Peace within the fame County, for his not ferving ; fhall pay forty Shil- lings Fine, to the Ufe of the Poor of fuch Town : Any Law,Ufage orCulIom to the contrary notwithflanding. CHAP. iv: An A& in, Addition to an A& to prevent Fraud in Cord Wood,;:fc. 0 it enatteb by bio Cyceticntp die ooitrrnctir; Council anb i�`tCprc: fentatthrO) iii (Leiterat Court alfcitibleb, anti by the attt'fjatirit of -tbe fame, That the Seleel-Men in every Town (where Corders of Wood are chofen) [!Mall from Time to Time, as there (hall be Occafion, appoint the Fees for cording Wood : Any Law, Ufage or Cullom to the contrary notwithflanding. CHAP V*. An Ad direEting the levying and collecting of County and Town Afefsments. HER ;.4S the .Acs lntitled, An At? for regulating of T'ownfhlps, choice of Town Officers, and fetting forth their Power ; made and paled in the fourth, Tear of the Reign of .King William and Oueen Mary ; di- relis and refrains the colleeling and gathering of all Rates and . 1efsments, for County and Town Charges refpedivcly, to the Cor f abler of the Towns wherein they are levied ; which in fame owns is attended with feveral In- conveniencies : For Remedy whereof : 'se it enattct tits fist Qrcel1etttp the (13ot crnottr, Council ant iiteprcfelr= tdtibeti in (Sentra! Court offrnthleb, anti bp tlje 2.Iit jolite of the faltle, That it fhall and may be lawful to and for the Freeholders and Inhabitants of each Town, Diftri& or Precinct within this Province, orderly fet off and efta- blifhed annually from Time to Time, to cleft and appoint a Collector or Col- le&ors difiinEf from the Conflable or Conftables, for the gathering of all Rates and Aflefstnents, from Time to Time duly afl'effed and levied within fuch Town or • .111.%10 Regul A N N .7E Reg/re Nono. 14S4ntille 1. of )Arnprizir( or Diflri&l, to and for County Charges ; and to all Charges of every Kind whatfoever, enumerated in the aforefaid Act of Townfhips, arifing within the fame. Town, Diflri& or Precinel, for any Ufe or Utes, Services, Dues or Pay- ments, there to be made and done. And all fuch Rates or Affefsments, (hall be demanded, paid to and received by a Conflable or Collector to whom the fame [ball be committed to gather, with a Warrant from the Select -Men or Affetfors under their Hands, in Form as by Law prefcribed ; and by no other Perfon or Perfons : Any Law, Ufitge or Cullom to the contrary in any wife norwithflanding. And every Collator or Conflable to whom any filch Rates or AfFe sments !hall' be committed, with a Warrant as aforefaid, than levy, gather and receive the fame,. according to the Direction in the Warrant to him riven ; and fhall Account for all his Receipts, and make Payment of what and fu much as he Miall levy and gather of the feveral Rates and Aflefsments, committed to him as aforefaid, to the County or Town Treafurers refpeEtively ; or other Receiver as' by his Warrant he fhall be required, in Manner and Time as is by Law pro- vided ; and be fiabject to the Pains and Penalties therein contained, in Cafe of Negle& either of collecting or paying. 215e it wadi tap tj e £itttijolitp afozefait, That the Treafurer of each County refpeetively, be itnpowred to draw in and inforce the Payment of all County Charges, ordered by the Court of General SeflionR ofthe Peace, by all fuch Rules and Methods prefcribed by Law to enable the Treafurer and Recei- ver -General to gather in the Province Taxes ; and (hall frornTime to Time lay before the General Affembly at their anniverfary Seflion in May, an Account of all Money that has been railed in his refpeetive County ; or by any Means received by him as County Treafurer the Year paft ; what each Town ,paid to- wards it, and how the fare has been employed or difpofed of. And no flu thcr Aflefsment (hall be levied, until the Paid Account has been offered to the General Court, as aforefaid, and allowed by them. CHAP. VL An Aet for the Admeasurement of Boards, Plank and Timber ; and Regulating the Tale of Shingles. O. 365 No County or Town Rates to be gather- ed, but by a Conflable or C'oileaor. Colleanrs and Cenilabics to make Pay- ment, as di - reeled. CountyTrea- furer's Power: IIis Accounts to be laid be- fore the Ge- neral A'fiem- bly in May Sefhon annut- ally. % HER,E. 4S Boards, Plank and Timber, are 1(111,211y Sold by the Mea- Preamble. 'V fure fet upon them at the Mills where they are Sawn ; and Bundles of Shingles are marktd for a,greatcrl\7umber than what they contain ; wherein great Fraud and 'Deceit is too often prat fed by 111 minded Perfons : For Prevention whereof : '13e it miiiicto bp 1t0 Celleltrp tie C7otwruaur, Council attb 3e= Surveyorsand prefentatiuto ill °turd! Court 1ficinh!rh, nub bpij f Meafurers of tl�:e .�latr�Q2li1r of the faint, That in each Maritime Town within this Province, where Boards, Boards ialle. to Plank, Timber and Slit -Work are till -tally imported, or brought for Sale, or el aed my y g ele�led in exported beyond Sea ; there be two or more honefl fkilful Perfons, annnally e- Maritime feted by fuch Town, at the Time of their anniverfary Choice of Town Uffi- Towns. ccrs ; to be Surveyers and Meafurers of Boards,Plank,Timber and Slit -Work, and Survcyers of Shingles ; who Miall be fw-orn in Manner as other Town - Officers, to the faithful Performance of the Duty of their Office. .And all Boards, Plank, Timber or Slit -Work, imported or brought for Sale ; A1lBoardf&e. before their Delivery upon Sale, (hall be viewed, furvcyed, and alto meafiArect be oreviewe Sale by one of the Paid Officers, Where he [hall have any doubt of the Meafure ; und fix -Pence per Thouland Feet more for meafitring and marking ; and to the juft Contents ; making reafon The Buyer to pay the Officerfix-Pence per Thoufancl Feet for viewing only, able Allowance for Rots, Splits and Wains. pro having Confrderation for drying and Shrinking : alto [hall mark a -new all [tach Fee for view. ing and mea' filing. sato for a letter Quantity than a Thoufand Feet. And ta ir..r •1y J 1710. N N 1� L Regime :'tai A tirme N Onoo LW ea X66 m°mo�� No Boards &c. to be ex- ported before viewing. Ann R c ni A N N At ii c (r/ e And no Boards, Plana;, 'Ember or Slit-\Vorlc, shall be delivered upon Sale, or (hipped for Exportation beyond Sea, before they have been viewed and Pur- veyed, and alto meafured (if Occafion be) and marked a -new by one of the Officers thereto appointed ; on pain of being forfeited, or the Value Town where there by the feller or (hipper ; to the Ufe of the Poor of they are fold or fhipped. Shingles not $I1b bC it futtf)et' eimr.'te), rrliat all Shingles expo ed toSale b rQinleit et s holding out in Bundles, that do not hold out the Number they (bait in Number to appear force have cleen drawn or fhaken out of the Bundle after packing ; be forfe;ecd. be forfeited to the Ufc of the Poor of the Town where they are expofed ; the Charge of fearching and telling of them, to be paid thereout. That every Bundle of Shingles that, according to the found judgment of the W. ca. 7 Surveyor, will hold out one with another, four and Half Inches in Breadth (hall Dimenfions ' be accounted Merchantable ; provided they are fifteen or eighteen Inches in of Merchan• Length, according to whichLength they are fold for ; and the leaft tb be three tablebhing'.es, Inches in Breadth and upwards, and one third of an Inch or upwards in thick. nth ; and all that are otherwife, to be culled out and burnt, and fo many more, if need be, till what are left of the laid Bundle will bear the four and half Inches, according to the Judgment of the Surveyor ; who fhall have for his Service one Penny for every Thoufand furveycd and on Pts re is for nny more pert Thoufand ou and for telling ; to be paid by the Buyer, where noFor ei e tO fatisfy the Charge; and for every ThouGlnd he culls and binds up again, twelve Pence per Thoufand, and proportionable for feller Q.tanrity ; to be paid by the Owner or Seller of the {hid Shingles, returning the Remainder to the Owner, if any be, after the Charges are fetid : Any Law, Ufage or Cullom to the contrary notwithifandi11g Fee for Pur- veying and telling. CHAP. M. An Act for explaining and enlarging of the A: for Preven- tion of common Nufances t?rifing by Slaughter-Houles, Still-Houfes, &c. Tallow -Chandlers and Curriers. iv HEREAS in and by the At? Intituled, An Act for Prevention of con. mon Nufances arifing by Slaughter.Houfes, Still-Houfes, &c. Tallow; Chandlers and Curriers ; made and pal d in the fourth Tear of the Reign of their late Majefiies King 'William and Queen Mary : _It to wan, " That « the Selet-Men of theTowns of B.jlon,Saletll and CharleJlown refpcctively, « or other MarkctTowns within the Province, with two or moreJuftices of Peace << dwelling in the Town ; or two of the net Junius in thct eCounty u(hall, at or before the left Day of March, One Thoufand ninety « affign force certain Places in each of the Paid Towns (where it may be leaft ofleufive) for the 'rutins and fetting up Slaughter-Houfes, for the killing of all Meat, Still-Houfes, and Houfes for trying of Tallow, no all Butchers and currying Leather : At which Bottles and Places refpectiv ely and Slaughter-Men,Diftillers,Chancllers andCurriers fhall exercife and practice their refpeFtive Trades and Mylteries. But for as much as by Renton of the growth and increafe of the faid `.towns, feveral of the I -Hol f's and Places then fo affign'd, are become inconvenient or dthe U% intended, o Bels five, and by ill Stenches tend to breedef Paid AS direc`iing to that rine only for the aflgning of Places for thofeUfes, 1711q 167, fuitable Places, where it may by lea(t offenlivc, for the exercifing of any of the afbrefaid Trades or Myfleries, of killing Meat, di(tilling of Spirits, trying of 'haliow,or currying of Leather ; and to forbid and reftrain theEYercife of either of them in other Place's, not fo approved and al lowed of. Places.afiign'd ,,,,. � , � ,, ,c becoming; ,anti be it fni.t jtt ettatte� .11 the atutlia;it ; £t aicfi ib;• That when and oq_enfive to be fo often from Time to Time, as it (hall appear any Houle or Place affigned, or altered upon to be afliigncd to and for the exerciGng ofeither of the aforefaicl Trades or Myjc- Inquiry by a ries, to become a Nufance by Reafon of offenfive and ill Stenches ; rocecding Jury. from the Tame, or otherwi Fe hurtful to the Neighbourhood ; it (hall and may be Lawful to and for thcCourt of General Set -lions of the Peace within rheCounty, to caufe Inquiry to be made thereinto by a Jury, and to fupprefs Inch Nitfince by prohibiting and reftraining the further Ufe thereof, for the Exercife of eitheroPenalty thefarm of the afotefaid Trades or M fteries ; under aFine not exceeding. orty Shillings pernfig Month,to be to the Ufe of the Poor of fubh `Town, or otherwile as in their anyrotheg Difcretion they fhall think fit, by canting the Paid Nufance to be removed or Nufances. prevented ; or any other Nufance to be inquired of in Manngr,aforefaid. 111b be it fitrtl et MUM, That the Proof of any dead Beall or Beafts Conviction of Slaughter hanging up in any Out-Houfe ; or the lying, or carrying out the Intrails, Gar- Houfes. bage of Beafts, or Blood of Creatures in or out of fuch Houfe, !hall be fufficient Conviction in Law, that fiich Houfe is ufed for a Slaughter-Houfe, within the Intent of the Law againft cohitnon Nufances. An AEI, Pafl'ed by the Greatand General Court or Affembly of Her Miajefty's Province of the M filch fetes -Bay in New -England, Begun and Hcid at Bof1ion, upon Wednefday the thirtiethDay of May, 171I. • An P 61 for fopprefring of Robberies and Araults. 0 theIntenti-PrItfajefly'sLeigePeople ;nay be inPeace and out of Fear ob, flans, as they are tra- tilted, and indecently Places to be aflignid for Slaughtering Meat, Sze, being agaultd and robbed by ill -minded 7vickedRu the common Roads or High -Wrap ; or of being ln treateL. - abteled as they are civilly walking and recrea thenfebes in the Fifilds, Streets, or Lanes in TO' TV113 : Thiit every Perlon and Perfons that (hall be convieled of affaulting and robbing, and cal& 19; a y from the Perfon of another travelling the common Road or High -Way, any Money, Goods, Cloathing, or other Things whatfoever ; than. be puni;hed with burning in the Forehead or Hand, ruder fix Months Imprilon- ment,and render treble Damages to the Party robbed. And upon fecond ConviCtion of the like Offence, fhall be deemed a Felon, Second Con - and follei the Pains of Death, as in Cafes of Felony. vietion. be convi&ecl of affaulting, or offering any Infolence or Violence t� any Affaulting of Woman or Man -kind, in thc Fields, Streets or Lanes in any Town ; or of Women. defpoiling them, damnify or defacing any of their Attire or Ornaments, or at- pting the fame ; fhall be punifhed by being publickly whiped, not exceeding 1 Stripes ; or by being committed to the Houle of* Corredion, to receive the Difeipline of' the Houle ; and continue there by the fpace of thirty Days, and kept according to the Rules and Orders of the Houle ; and alio find Sureties fat the good Behaviour, before he be difcharged, And any twO Tuffices of the Peace uorum C/a r, in the vacancy of the Court of General iellions of the Peace, at -e impowered to hear and determine this Offenee. And ca. 6. Robbing on the h - e. • i• 768 Arno Regni ANNA Regime D€eirtio. irobiOon in Cafe of fire. Second Con-�jj} And if the Party fo offending, fhall afterwards be convicted of committing the vgtion, like Offence a fecond Time, he fhall be further punifhed with burning in the: Hand ; by Sentence of the Court of General Seffions of the Peace. Pales Oath. 2itb it io further man, That in either of the Offences aforefaid, the rt Oath of the Party affaulted or robbed, being of Reputation, 'hall be received as one fufficient Evidence towards convi&ing the Perf on charged. id An A&, Wafted by the Great and General Court or Affemblyof HerMajefty'se Province of the Mfacht fetts-Bay inNew- England,Begun and h ld at Boflon upon Wednefday the thirtieth Day of May, 1711. And continued by feveral Prorogations and Adjournments unto Wednefday the feventeenth of Oc`lober following, and then met. CHAP. IL An Ad providing, in Cafe of Fire, for the more fpeedy Ex - 3 g tin uifhment thereof ; and for the preferving of Goods endangered thereby. Preamble. WHEREAS by Reafon of the contiguity and adjoining bf the Houfes and Dwellings within the Down of Boflon,Perfons are under great ,Afrigh. tment and Hurry, upon the breaking out of Fire ; and not only the Perfon in whole Houle the Fire firff breaks out, but the Neighbour- hood are concerned to employ their utntofiDiligence and.Application to extingui fb the Fire, and prevent the Progrefs thereof, and to preferve their Subflance, by the removal of their Goods ; being glad of the ,Affiance of others in that Regard : And divers evil-minded and wicked Peruch fons, u or and Calamities s- tably o�'ering theirHelp, taking.�dv an��eort��l the Goods and .�,�`'ec`l.t of their to rob, plunder, embezel, convey away, diflreffed .Neighbours : For preventing whereof 'Be it enzteteb by it cxceltcncp die d5obttnattr,, Council anb Iltse= Fire -wards. prof entati13t in(Sentra Court affetnbfeb, crab lip the Qtntbo$itp of tl)e fame, That it (hall and may be. Iawful to and for the Juffices of the Peace and Select -Men of the Town of Boflon, from Time to Time, to appoint Badge of their fuch Number of prudent Perfons of known Fidelity, not exceeding ten, in the feveral Parts of the Town, as they may think fit ; who 'hall be denominated and called Fire -wards ; and have a proper Badge aligned to diftinguifh them in their Office, viz. A Staff -of five Feet in Length, coloured red ; and headed with a bright brafs Spire of fix Inches' long : And at Times of the breaking forth of Fire, and during the Continuance thereof, fhall,and hereby are frilly authorized and impowred, to command and require Afliflance for the extin- Pulling down guifhing and putting out the Fire ; and for removing of Houfhold Stuff' and or blowing up Furniture, Goods and Merchandizes, out of any Dwelling-Houfes, Store-Hou- Houfes. fes, or other Buildings actually on Fire, or in Danger thereof ; and Guards to fecure, and take Care of the fame : As alfo to require Affillance for the pulling down or browing up of any Houfes, or any other Service relating thereto ; by the DireEtion of two or three of the chief Civil or Military Officers of the Town (as is by Law provided) to flop and prevent the further fpreading of the F'ire : And to fupprefs all Tumults and Diforder. g �ttance to And the Officers from Time of Time appointed as aforefaid, are required be given upon the Notice of Fire breaking forth, taking their Badge with them, irnme- them. diatelyto repair to the Place, and vigoroufly to exert their Authority for the rel P� Place, quiring of Affiflance; and ufi'ng utmoft Endeavours to extinguifli or prevent the Izv. ca, Power. 41v. & M. ca. I Ariuo Re. gni A NNS Rcgiitrc Undecimi the fpreading of the Fire ; and to preferve and fecurc the Elate of the Inhabi- tants. And due Obedience is required to be yielded to theta, and each of them accordingly for that Service. And all Difobedicnce,Negleft orRefufal in any,fhall be informed of to fome of Her Majcfly's Juflices of the Peace within two Days next after ; and thc Offenders therein, upon Conviction thereof, before any two Juflices &arum Unus,fhall forfeit and pay the Sum of forty Shillings each ; to be levied and diflributcd by the Difcretion of the Select-Men,amongfl the Poor moll diffreffed by thc Fire : And in Cafe thc Offender or Offenders are unable CO fatisfy the Fine, then to fuffer ten Days Imprifonment. 20. be it fttrtljev enacteb bp the tttjocitn .afo cfaib, That if any evil minded wicked Perfons 'hall take Advantage of fuch Calamity, to rob, plunder, purloin, irnbezel, convey away, or conceal any Goods, Merchandifes or Effects of the diflref7'ed Inhabitants whole Houfes are on Fire, or endangered Gocds f4v thereby, and put upon removing their goods ; and !hall not reflore and give out of the Notice thereof to the Owner or Owners, if known ; or bring them into fuch Fire. public!. Place as fhall be appointed and affigned by the Governour and Council, within the Space of two Days next after Proclamation made for that Purpofe thc,Perfon or Perfons fo offending, and being thereof conviEled, shall be deemed Thieves : and fuller the uttnofl Severities of the Pains and Penalties by Law provided againft fuch. 171 r. 1 69 Penalty for neg1ea. Penalty on fuch as (Ball conceal rob, or cmbezel A&s and Laws, Paffed by theGreat and General Court or Affembly of Her Majefty's Province of theiVJaf%achufetts-Bay inNew-England,iegun andHeld at Boflon, upon Wednefday the thirtieth Day of May, 17 I I. And continued by feveral Prorogations and Adjournments unto Wednefday the twelve of March following, and then met. CHAP. I. An A& againft Intemperance, Immorality and Prophanc- nets, and for Reformation of Manners. JIERE.AS the Laws at feveral 2`inies eflablifl>ed by the Govern- ntent of this Her MajeJly's Province of the Mafl ichufetrs-Bay,and Preamble, now in Forcc,have made good and zvho fomeProvi/ion for theRegu/a- tion of Inns, Taverns, Ale -Hoa fes, Viduallers, and other Houfes for common 4 TV. & M. Entertainment, and Retailers. o f flrongLiquors out of Doors ; and for prevent- 7ayy cN z. & ing of rifling and Drunkennefs ; declaring, that filch licer fed Houfes ought Io. to be improved to the right Ends and Ufes for which they are defigned ; io W. ca. 8. namely, For the Receiving, Refref menz and Entertainment of Travellers and Strangers ; and to ferve the put -lick Occafions of the Towns, and Place in 4 N'• & M. which they are ; and not to beNuferies of Vice and Debauchery, as is too says' & M. frequently praetifed by i me, to the Hurt of many Perfons, by m fpending their ca. 4. Time, and Money, in filch .Floufes,to the Ruin of Families ; to ifs ca, 8. ,,?Ind have alfo made good and who fame Provifon again'! Immoralities,Yice and Prophanenefs : '1Ce it tr crcfolc Meal anb beclareb by Offs ercc!fencp ti e Cabal* noun, Conniff aitb "eprcfenitatftic5 itt d3enetaf Court affembleb, crib read iLa«'s n to the b by the 5f utility of flit faint, That the Laws againfl Drunkenness, Pro- r1'otvn Nlcet- phanenefs, and other Immoralities, together with this Act, be folemnly read by lug. the Town -Clerk, in each Town, at theirAnniverThry Town Meeting in March, from Time to Time, Y2 1.11 '4' ' .. w. • • r • Cho, Iii 9pL I; -104-........41-1101.41..wr.v.�.r.- 170 Direc`Iion to fee that the Laces be ob- fervcd, .A Liu of the Names of Perfons licen • fed tobe tranf- mitted,to the Sele&•men. Anno Regni ANNIE Reg,inter. -Undecimo. efo matton. And all Juftices, Sheriff's, Grand -Jurors, Tything-Men, Conflables, or other Officers whom it doth concern, are hereby ilric'tly enjoined and required to exert their utmoft Zeal and Vigour in feeing that the faid feveral Laws be duly obferved and kept : And that the Violators thereof be duly profecured and punifhed in Manner as by the faid Laws is direeled and provided : And the SeleE-Men and other principal well difpofed Perfons in each Town,- defirous of a Reformation, are hereby exhorted and direeled to countenance, accompany, affifl and join with the Juftices, Sheriffs, Tything-Men, Conftables, and other Officers,in their Endeavours to difcover and fupprefs all unlicenfedHoufes, and Vice Immorality and Prophanefs. And for reclaiming the over greatiVunzber of lice! fedHot fes,many of which are chiefly ufed for Revelling and Tipling ; and become Nuzferies of InterpeM rance and Debauchery, indulged by the Mailers or Keepers of the fame, for the fake of Gain : h. j5e it euacteb tip the £utljoitp affwf atb, That the Clerk of the Peace in the refpeelive Counties from Time to Time, annually, before the granting of Licences, do tranfmit to the SeleEt-Men of every Town within the County, a Lift of the Names of the Perfons i❑ fuch Town, that were licenfed the Year before;and thatLicences be renewed to none of them that theSelett-Men 'hall except to as unfit to hold•and exercife fuch an Employment by Reafon of their in their Houfes ; not being fuitably accom- not keeping good R 1 d O d modated and provided, for the Entertainment of Strangers and Travellers, as the Law dire&s ; or not of fober Converfation. None to be And noPerfon fhall have hisLicence renewed, until he produces a Certificate iSr111y licenfed to the -]uflices of Quarter Seflions, that fuch Lift has been tranfinitted to the but upon the Select -Men, and confdered by them. Recommen- And that noTirne orTimes hereafter, any Perfon or Perfons; 'hall be firftly Select -men. dation of the or originally licenfed to be a Viaualler,Innholder,Taverner or Seller of Wine, Beer, Ale, Cyder or firong Drink or Spirits, by Retail ; other than fuch whd !hall produce Certificate from the Sele&-Men of the Town where they dwell, recommending them to be Perfons of fober Converfation, fuitably qualified Licences not and provided for the Exercife of filch an Employment. And that no Licence to be renew'd be renewed fromTime toTime, to any Perfon hereto -fore licenfed againft whom any Prefentment, Complaint or Information 'hall be made, for Mifrule or Dig order in fuch Houfe ; or for not being fttiably provided, as the Law in fuch Cafe requires, to entertain Strangers and Travellers a'cBed andBoard ; before the Matter informed and complained of be inquir ed into and judged of. Provided fuch Prefentment or Complaint be profecuted to Effect, in the fame Court for granting of Licences. And,if any common Vielualler, Innhokler or Taverner enjoined by Law to b`e fuitably provided to receive and entertain Strangers, Travellers, or others; as Occafion may require, (hall be convieled of refuting to make fuitable Provifi- on, when defired, for the receiving of Strangers, Travellers, and their Horfes ; or for any publick Entertainment ; fuchPerfon fhall be deprived of' his Licence; And any three or more of the Juftices of the Court of General Seffions of' the Peace, Quorum Unus, are hereby impowred and directed, by Warrant under their Hands and Seals; dire'&ed' to the Sheriff or his Deputy, to caufe his Sign to be taken down. 1nb be it further enacteb by tije 2lutlialftp afalefaib, That no Town Dweller or Inhabitant in , any Town, 'hall upon any Pretence whatfoever be drinking or tipling in'anyTavern,or other publick licencedHoufe, or in any of the Dependencies thereof, after nine a Clock in the Night ; "under the Penalty of twenty Shillings ; to be paid by the Mafter or Keeper of fuch Hotife, for his entertaining of them ; and oneShilling to be paid by eachPerfon fo offending. That no finging,fidling,piping,or any other Mufick,dancing, or revelling (hall be fuffered or exercifed, in any Tavern, or other publick licenced Houle ; on Penalty of tenShillings ; to be paid by theMafler or Keeper of the faidHotife, as fhall filffer the fame ; and five Shillings by each Perfon offending in any of the faid Particulars; That until Com- rlaints be heard a judged of. Licens'd Per- fons not fuita- bly provided, to bedepriv'd. Town Dwel- lers prohibited drinking in public Houfes after nine at Night. Singing, MU - lick and danc- ing forbidden in publicHou- fes• . F -421 Anna Reglli A N N JE Regie UndccCimo. 1711. liefommtiono That there be two Tything../len annually chofen within each Military Di- vifon within theTown of .Bo%lon ; whole particular and efpecial Care andCharge it 'hall be to infpe& that their Part of the Town. That common Drunkards be pooled up at the Houfes of Retailers of Wine and Liquors out of Doors, as the Law dire&s to publick licenfed Houfes ; with a Prohibition to them of felling Drink to any filch. 2inb lie it fttrt»cr enacteb bp try 2 utjiojrp afotvefafb, That if any Per - fon or Perfons shall prefume to keep a Tavern, Lnn, or Houfe of common En- tertainment, or to fell by retail Wine, Beer, Ale,Cyder, or any thong Drink or Spirits, without Licence firft orderly had and obtained for the lime, as thc Law dire&s ; fuch Perfon or Perfons upon Convielion, or Confeflion thereof before one or more of Her Majefly's Juftices cif the Peace, thall forfeit and pay the Sum of fix Pounds, for every fuchOffence ; the oncMoiety thereof to be to the Informer, and the other Moiety to the Ufe of the Poor of the 'Town, where the Offence shall be committed. And for the better T f overy and finding out Perfons that 'ball prefirme to tra; fgrefs again/! this A "t, or any other of the Laws made againfl Vice, Pro- phanenefs and Immorality The SeleEt- Merkin each refileetiveTown; be, andare hereby impowred from Time to Time to attire and appoint one or more difcreet Perfons to over -fee and inform of any Breach of the faid Laws ; who (hall have a meet and honour- able Rccompencc fade them for their Service, out of the Town Treafury, as the Scle& Men frail think proper and fuitable. Qlnb In it fttt lev enaacti, Tliat no Perfon_ or Perfons either tingly or together in Company !hall prefumc to Ping, dance, fidle, pipe, or ufe any mu- fical Inflruments ib any of theStreets, Lanes, or Alleys,within any Town in the Night Time ; or make any Rout, or other Difturbance, to the Difquiet and Dif- reft of any -of the Inhabitants ; under the Penalty of Fine Shillings, for every Perfon fo offending in any of thc Particulars afore -mentioned ; or being corpo; rally punilhed by Imprifonment, fitting in the Stocks, or Cage. 171 Common Drunkards to be polled up at Retailers. Penalty for felling with- out l.itence. Sele&R- Mer to appoint Perfons to bel Informers. Rout or Dif- turbance in the Street iii the Night time. And for the more religious Obfervation of the Lord's Day : 215t it etirrteb, That all Perfons who !hall be found in the Streets, Wharf's, playing and Fields, or other Places within any Town, on the Evening following the Lord's Rudenefs on Day, difporting, playing, making a Diflurbance, or committing any Rudenefs :the Evening following rhes ThePerfons fo offending, fhall each of them pay a Fine of flveShillings, or fuller Lord's Day twelve Hours Imprifonment, or fit in the Stocks, not exceeding two Hours. forbidden. All Fines and Forfeitures arifing byVirtue of'thisAd,or anyParagraph thereof, and not herein before diti ofed of, 'hall be to and for the Ufe of the Poor of rhd Town where the Offence !hall be committed : any Law, Plage or Cuftonfio the contrary notwithftanding. Conflables re= And theConflables of the refpeetive Towns are directed and fpecially yeuito re- ns fro ha- impowred, to prevent the Prophanation of theLord's s Day, by feftraining Perfons nasion of the from walking, recreating and difporting themfclves in the Streets, Wharffs, or Lord's Day Fields, in the Tithe of publick Worlhip. in theTime of publick Wor- .And forafinuch as the well educating and inflrueling of Children and Youth ihip, inFamilies and Schools, are a necefaryAleans to propagate .Religion,and good Manners ; and theGonverfation andExample op -leads of Families, andSchools, having great I luence on theft under their Fare and Government to an Intis tation thereof 11e it natal by the 2iitfjolitp afolefaib, That no Perfon or Perfons KeePers o>r fhall or may pref me to flet up or keep a School for the teaching and inftru&ing have�hetAp- Oif Children or Youth in reading, writing, or any other Science, but filch as are probation of of fober and good Converfation ; and have the Allowance and A}probation of the seledi- the Sole& -Men of the Town in which any fuch School is tobe kept ; Grammar Men. School Matters to have Approbation, as the'L'avv in filch Cafe already pro - And • 171 I. .Ano Regni ANNIE Regime Undecimoo 172 Penalty for letting up or keeping School with- out Approba- tien. Penalty for compofing or publifhing of prophane Songs, or mock Sermons 11 Preamble, Clay to be dug before the loth of Dtcemb. &c. Not to be tempered with brackifh Wa- ter. Size ofBricks. Size of Moulds to be fhod with Iron,and fealcd. Forfeiture of Bricks not made in Moulds as afore direaec'. Sele&-Men to appoint a Viewer and Sealer. To be fivorn. .tae of 15rfars. And if any Perfon or Perfons after Publication of this Aei, fhall be fo hardy, as to Pet up, or continue to keep any finch School without Allowance and Ap- probation as aforefaid, the Perfon or Perfons fo offending, fhall forfeit and pay theSum of forty Shillings ; to theUfe of thePoor of theTown where fuchSchool (hall be fet up, or continue to be kept, contrary to this Acct ; and fo toties jto- ties, as often as they fhall be convicted : Any Law, Ufage or Cullom to the contrary notwithfianding. .and 'whereas evil Communication,wicked, propbane, impure, filthy and obfcene Songs, Compo(cres,JJritings orPrints, do corrupt the]k[hid ; and are Incentives to all Manner of Impieties and Debaucheries : More efpecially when digefled, compof=d or uttered in Imitation of M2ckery of Devotion; or religious Exer- cfes : llBc it further citactct° bp the autbozftp afotef lib, That whofoever fhall be convi&ed of compoling, writing, printing or publifhing, of any filthy obfcene or prophane Song, Pamphlet, Libel or Mock -Sermon, in Imitation or in mimick- ing of Preaching, or any other fart of divine Worfhip ; every Perfon or Pcr- fons offending in any of the Particulars aforementioned,'hall be punifhed by Fine to her Majefty, not exceeding tzoenty Pounds, ; or by (landing on the Pillory once or oftner, with an Infcription of his Crime in Capital Letters aft fixed over his Head e according to the Difcretion of the Juftices in Quarter- Seflions. CHAP. II. An A& for Regulating the Size of Bricks. TPO.1V Confideration of the great Oiantities of Bricks how to be i fed for Building ; and that the Firmnefs of Building very much depends on the Goodnefs of the Materials : laic it cnac cb by bio dtcelleittp the ©banally, touricil oral laepre: fentatifle, in general Court afleni{tfeb, nab ftp the 2Itttf olive of he fame, That Clay for the making of Bricks (hall be digged before the tenth of Decem- ber yearly ; and fhall be turned over in the Month of February or March next enfuing, at leafI twenty Days before it be wrought ; and then well and through ly wrought. And no Perfon fhall temper his Clay with fait or brackifh Water ; nor digg any Clay in any Place where the fait Water comes in. dub be it furtbct' enatteb bp tbe Mutjoiitp nfolefafb, That the Size of Bricks fhan't be lefs than nine Inches long, four Inches, and a Quarter of an Inch Broad, and two Inches and an Half Inch thick. And all Moulds to be ufed for the making of Bricks, (hall be made agreabld to thele Sizes : That is to fay, not lefs then nine Inches and a Q!iiarter of an Inch long, four Inches a Quarter and a Half Quarter of an Inch broad, and two Inches and Ialf. an Inch deep, within Side ; being well fhod with Iron, and fealed by the Sealer to be appointed, as is herein after directed fo that the Bricks may hold out the Dimenfions prefcribed as aforefaid, as near as may be when burned. And whofoever fhall make and expofe to Sale anyBricks not made inMoulds of the aforefaid Sizes, fhod with Iron, and fealcd by the Sealer ; he shall lofe and forfeit oneHalf of all fuchBricks made contrary bereto,or theValue there- of ; to the Ufe of the Poor of theTown or DiftriEtt where they (hall be made ; to be filed for and recovered in any of her Majefly's Courts of Record within the County where they (hall be made, by theTreafurer of the Town or Town Clerk. And the Selo& -Men of each Town where Bricks are ordinarily made, are hereby dire&ted and ordered, annually to nominate and appoint a fuitable Perfon to be a Viewer and Sealer of Moulds, for the making of Bricks ; who (hall be Sworn before a Juflice of the Peace, to the faithftil Execution of his Office. And real Anne Regni A N N .f _.Regime Undeeiuio. 171 r. Winifimmit ern" • And is hereby impower•ed from 'Tillie to Timc,to enter into all Brick -Yards, to view their Moulds, and to fee that they be of due Size, well fhod with Iron, as aforefaid, and foaled ; and if they be under Size, or not well fhod, to break the fame. And every Brick -Maker before the Petting of his Kiln, fhall call the Viewer to over -fee his Bricks, who (hall forthwith attend the Service ; and be paid by the Brick Maker two Pence per Thou find for all Bricks by him viewed ; and one Penny for each . Mould by him Pealed ; the Select -Men of the Town to provide a Seal i Any Law, Ufage orCuflom to the contrary notwidaflandingi CI-tAP.III. An Ad for further Regulation of the Ferry betwixt BA?' and ff11n fmmzt, within the County of Sufolk. 173 His Power. Brick Maker tr, call the Viewer be- fore fitting. His Fee. l\W V HEREAS notwitbflanding the .Provifion made, in and by the A� 6 • W. & 1l . ppaled in the eighth Tear f the Reign of his late MajeflyKingW illiam �6'a. the Third, Entitled, An Aft in Addition to the A& for regulating Ferries : 4 G. ca. 4. There is fill' great Complaint of 1V eglea of � due Attendance of the Ferry from Bolton to Winifirnmit, and from thence to Boflon ; to the grievous Delay, Inconvenience ansa Damage of Travellers, and others , conflantly retorting thither for Pay f •age : And there being but one Boat on a Side hitherto pro- vided to tend the Paid Ferry ; ,and the River wide, and the IV -umber of Pal, fingers parch incrcafed, by the Growth of the Towns on the Road in which the faid Ferry lies : I15e ft tbertfolc ettartcb by bio QIrcctfencp the d5o ernettr., Council atib ¶eprefentatibe fn (15entrat Court afcntbleb, anti bp tbe atttb olitp of try fame, That for the more fpeedy Tranfportation of Paffengers, efpecially Three Boats Polls, there be from hence -forth at all Time and Times here -after, a third to be kept. tandem fuitable Boat and Appurtenances, with able, (ober Perfons to row in her, provided and kept conftantly to attend the faid Ferry ; for the tran- fporting of PafTengers, Horfes; and other Things over the River ; one of the three Boats in Turns to be always palling on the Water, from Side to Side, in all proper Scafons when Boats may fafely pafs ; not being obflruEed by Ice, or exti aordinaty florrny Weather ; and as one of the faid three Boats fhall land on either Shoat; the other Boat on the fame Side (hall put off Immediately. The To be con - three Boats to continue plying from Side to Side, with all Induflry andDiligence Raptly plying: daily; (except on the Lord's Day, and .rthen' to pats no oftner than Necefity fhall'requ ire) from Stir rife, until nine of the Clock at Night,from the firll of April until the firfl of OSober ; and until eight at Night, from the firft of ()Weber to the firfl ofdpril annually; and after thofeHours upon any neceflary Occation, efpecially Polls ; for which there (hall be paid two Shillings except Potts, if it be with one Peron only, and if more, than double Ferrage for the wholeNumber, over and above the twoShillings among all thePaffengers in equal Proportion. And that two Boats be lodged on JVinifimrnit Side every Night, and one on Bolton Side. And the Ferry -Men employed in the faid Boats re- fpcitivcly, are required to give conflant and diligent Attendance ; and not to deny or delay the fpeedy carrying over any PafTenger or Paf1'engers, efpecially Potts, according to the true Intent and Meaning of this and the former Laws relating to Ferries ; under the Penalty therein provided. _ Ferry -men to IItb be it further eaacttb bp the ittitba4tp af©cfaib, That it 'hall and derandPay ma- be lawful to and for the Ferry -Men to demand and receive payof all Paf- of Paffengers y before land- fcngers, except Polls, before they fet them on Shoar ; and that they (hall not ing, be required or obliged to Exchange for above the Value of three Shillings and fix Pence, where the Ferrage does not exceed that Sung. Ways to be And that the Town of .,hof on, and the Proprietors of the Fara' onfk7nfrmnit kept from the Side, who claim the Privilcdge of the f:ticl Ferry,do refjeFtivel , maintain, and totheg Place ;� 3 to the Soar, from • lit 1 r. 1712. Akno Rogni A N N N Regino. Undeciino. 174 MMitia+ 3nbtan )erbant5 ox 1,abess. • from Time to Time keep in good Repair fuf lcient and convenient Ways, for pairing to a»d from the Ferry -Boats from the landing Place on either Side : Any Law, Ufage or Cullom to the contrary notwithflanding. JP'&M. ca. 7. 11 W.ca.i.. Soldiers'to be provided of Bayonets. CI-IAP.IV. An A& for further Regulating of the Militia. .H`.EREAS in the fifth' Article of the AO, for regulating of the Militia-, among other Thtngs therein mentioned; "Every lifted Soldier and other « Houfe-holder (except' Troopers) is to be provided with a good Sword or « Cutlafh, under thePenalty in the faidAet mentioned : And whereas it is found byExperience that Bayonets are of more v fe, as well forOfence as Defence : • 15e it *Sole entttteb by the l3obernoun, council anti 1eprefe inti title, itt' 4Zenevai Court affeml,leb, anti by the iiutf ogtn of tijc farm, That from and after the twentieth Day of June next, every Perfon in the Town of Boflon, wh'o is obliged by the aforefaid A& to appear upon an Alarm at the Place of Rendezvous ; or where the chief Officer doth appoint, (except Troopers) fhall be provided with a good Goofenecked Bayonet with Socket, fit to fix over the Muzzle of his Mufket ; under the like Penalty as in the Paid Aa is mentioned, for not being provided with a Sword or Cutlafli. A&s and Laws, Palled by the Great and General Court or Affembly of Her Majef ty's Province of the , Mtirrhu/etas-Boy in New -England, Begun and Held at .Ballon, upon Wcdnefday, the twenty-eighth of May, 1712. And continued by Several Prorogations Mato Wednefday the twentieth of Augsli following, and then met, being their fecond Set on. C H A P. V. An A& prohibiting the Importation or bringing into this Province, any Indian Servants or Slaves. f rean.dle. Indians bro't in. to be for- feited, unlels Security be given to carry them out a- gain within cane Month, :HEREAS divers b'onfpiracies, Outrages, Barbarities, Murders, Burglaries, Thefts ; and other notorious Gri,ves andEnormities, at fundry Times, and efpecially of late, ,have been prepetkated and cont.' ''miffed by Indians, and other Slaves, within feveral of her Majefly's Planta- tions in America ; being of a malicious, furly and revengeful Spirit ; rude and .infolent in theiriehaviour,andvery ungovernable. The over greatNumber and .Increafe whereof within this Province, is likely to prove of pernicious and fatal Confequence to herMajefiy's Subje5ts,and Interefl here,unlefs fpeedily re. medied : And is a V ifcourageinent to the Importation of white Chrr/lian Ser- vants. This Province being d ferently circumflanced from the Plantations in thelflands, and having great .Numbers of the Indian Natives of the Coien- try, within and about them ; and at this Time under the forrowful Ef etls of their Rebellion and Hoflilities : 11ic it tbertfole Maga bp i5(o f rccliencp the CGotternour, Council anb 1RCprefentatibto itt drietttral Court ofteuttltct, atO by the 2ttttbo{itlm of the faint, That from and after the Publication of this Aft, all Indians, MVtale or Female of' what Age foever, imported or brought into this Province, by Sea or Land, from any Part or Place whatfoever ; to be difpofed of, fold or .left with- in the Province, {hall be forfeited to her Majefly, for and towards the Support of the Government ; unlels the Perfon or Perfons importing or bringing in fuch Indian Art 1'�u:pro RF'grii A N N Reg lute Ubdebimo. t S i tcb c'• 175 Indian or Indians, (hall g ive Security at the Secretary s Office of fifty Pounds per Head, to tranfport and carry out the funic again, within the Space of one Month next afro their coming in ; not to be returned back to this Province. And every Mailer of Ship or other Veffcl, Merchant or Perron whatfoever, importing or bringing in to this Province by Sea or Land, any Indian or Indians, Male or Female, within the Space of twenry-four Hours next after t':eir Ar- rival or coaling in, fhall report and enter their Names, Number and Sex ; and give Security in the Secretary's Office, as aforefaid, on Pain of' forfciting to her M: jcfiy for the Support of the Government, the Sum of f fty Pounds. per Head : To be fuel for and recovered in any of Her Majefly's Courts of Record, by A&ion, Bill, Complaint or Information. Fee for entry And the Fee to be paid for filch Entry and Bond as aforefaid, !hall be two incl Bond. Shillings and fix Pence, and no more. • Indians bro't in to be entred in thc;ecrera- ry's Oflice,&c. CHAP. VL .. An Ac's for Explanation, and in Addition to the Ad for keeping of Watches in Towns ; paffed in the eleventh Year of the Reign of King William the Third. HER .IDIS Provifron is made in and by a Paragraph or Claufe in the aid .%4c`l ; That a Watch may be kept in Towns' in other .Manner than a Conflables Watch, where the Members of the Council and ju/li- ces of the Peace, together with theSeleCt-Men ; and the Select -Men by them- felves, where no Member of the Council or j7uflice dwells, gall judge it moil JOT the Benefit and Safety thereof ; the Inhabitants alio agreeing to fiepport the Charge 113e it itrcltireb alit enafcb by 1j0 C-rtellencp the d5ebcrnottr, &oltil- tif nub IRR,.r'llrefentatf'o 111 dBcittral Court alfeutbieb, alt Up tl'e att- tli”iip of the fame, That when, fiorn Time to Time a Watch, in oth, r and different 3/Tanner from a Conflables Watch, (hall be agreed upon and di -- reeled in any Town in Manner as afore- expref ed; the Number and Qualifi- cation of thePei-Ions whereof' it (ball confift,lhall alto be agreed upon as afore- faid ; and one fober, difcrcet, able-bodied Houfe-holder appointed to take the Charge and Command thereof; and to fee that the Watchmen do their Duty : Who, as a Badge of his Office iball carry a Quarter Pike with a Spire on the Top thereof; and everyWatchman fhall carry a Staff with a Bill faftned thereon, as is ufual. And the laid Officer and Watchmen are hereby refpeC'tively im- powred and authorized, to prevent and fupprefs all Diftur-bances, Routs, unne-; ceiiary Noifes and Diforders in tlleNight : To examine all Perfons whom they fhall find abroad after ten aClock (other than known,fober orderiyHoufe-holders or Inhabitants) of their BuGnefs abroad, and whither they are going : And in Cafe they are Refr&tory, and give not a reafonable Account of themfelves and. Bufinefs ; or are Perfons of ill Fame, or justly fit! peEted to have any unlawful Intention or Defign ; then to reflrain and fecure them, by Imprifonment or o- therwife, and keep them cafe until the Morning ; and then carry them before a juflice of thePcace, to be examined and proceeded againfl according to the Na- ture of theOffeetce. And the faidWatchmen are required to walk in and about the Streets, \\'harffs, Lanes and pi incipal Parts of the Town, to fee that good Rule and Order be kept ; and to fupprefs all Diforders and Mifrule. A nd when at any Time or Tines, ar,y one or more Members of' the Council, Tullius of the Peace, or SeleEF-Men, {Hall think fit to walk by Night, to infped the Orders of the 'Town wherein they dwell ; as well the Paid Watchmen, as one or more of the Conflables, are required to attend and accompany them, and to obferve and obey their lawful Commands. anb be 1t fnrfct; cnwtra, That the Fee to the Goaler forPerfuns taken up in the might, and committed to be fccured only whilfl the next Day, shall by one Shil ins, and no more. Z 11. C T S 11 W. ca. R. Qualification of Watchmen, and Badge. Watchmen's Power. Duty. Watchmen & Conflables, to attend the Members of Ole Council, Juflices, 3'c. Fee for Com- mitment, • • it 114 r, "4a.r4,+'s ,Ir1 141 rpt t11111114 !�'!S ` Yi' rJ NIink. Ilj,t �'r �[ iI tll''if sari l';lllliilijl Its ib I' a71�, A';uo Regni A N N .IE Regina,, Duodecimo„ 176 8 W. ca. 3. $&9G. 2. ca, S. One Year's Time allow'd to recover back Housing or Lands ta- ken in Execu tion for Debt. lc) Y ca, 13. The Time of 3 Years for Redemption of forfeited Mates upon Mortgage when to Commence. iLaitz, c, liable to tljc papment c A&Is and Laws, Paired by the Great and General Court or Affembly of Her Majeff v's Province of the] aJfachuf tts-Bay inNew-Etgland,Begun and Held atBof?on, upon Wedncfday the twenty-eighth of May, 171 ?. And continuedby feveralProrogations untoWedncfday the eighteenth of March following, and then met ; being their fourth Seflion. CHAP, L An A& inAddition to the Ae , for making Lands and Tene- ments liable to the Payment of Debts. HEREAS in and by An .Ai made and paled in .the e:ghtb Year. of the Reign of his late Majefly King William the th rd, Land and Tenement" are made liable to thePayment of Debts :.And whereas in praatmng upon the faid .AR, either througb the Perverfenefs .of the Creditor, or Corruption of the Officer, Executions for final! Sums are fometimes laid an Part of Hauling and Lands of great Value in filch Manner, as grievoi flv to difcommode or boil the Remainder, contrary to the goodlntent of the faid As; the Party injured being without Remedy ever to recover bisEfiate back again : For Prevention of fuch Inconvenience and Mifchief for the future : ']Be• it raga by bio c recllencp tj e Qbobernatur, ounci! anti lite: prefentatibe&, in (general court a[Ccittbleb, alio by the atirliorfep of trig fame, That when any Land or Tenement, in Part, or in whoie,fhall be levied and taken in Execution for Debt ; it '(hall and may be lawful w and for the Party, or hisHeirs whofe Efface is fo taken in Execution, within the Space of one Year next following the levying Execution thereon, and not afterwards ; to bring his Suit againft the Creditor, or his Heirs, or Tenant in PofTefliou, and recover back his Eftate, upon paying the full Sum, for which the fame was taken, with Intereff from that Time ; and the reafonahlc neceffary Charges and Difburfe- ments laid out and expended thereon, for repairing or bettering of the fame, over and above what and fo much as the Rents, Profits and Improvements made thereof, (hall fall fhort of Reirnburfing fuchCharges ; to be accounted for by the Party for whom the .fame was talcen in Execution, his Heirs or Affigns, agreable to the Provifion made in the A& for Equity of Redemption of Elates upon Mortgage forfeited for the Condition broken, .And whereas in and by the afore -mentioned .At,7 relating to the Equity of Redemption of mortgaged Eflates forfeited, the Term of three Years therein limited for the Redemption, is diver/1y conflrued as to the Commencement thereof : Ise it enrnteb anb beclareb, That the faid Term of three 'Years !hall be reckoned and accounted from the Time of the Mortgagee, his Entry into and taking Pofeflion of fuch forfeited Elate : Any Law, Ufage or Cullom to the contrary notwithffanding. CHAP. II. 4 W. & M. An Ac direEiner how Meetings of Proprietors of Lands ca 13. 26 G. z ca. z. Preamble. lying in Common, may be called. HERE. S the Law has made Provifion and impowered the Proprie- tors of Lands lying in Common, as well thofe already fluted and di- vided, each ones Proportion being known, as thole not %fated, divided or proportioned as aforefaid ; to manage, improve, difpo% and divide the fame, in fuch Way and Manner as hath been or Ball be concluded and agreed on by the major Part of the intere/led. But no DireSion beim given how o Meet- ing of !tech Proprietors may be orderly and regularly calices and afJembled : 1st IlIYla411YJi ill; n I tJ1 Iii!.. ,d�� ��.I 111! 1 •1 1 1; 11d id i lit 1 11 ul1... Regni ANNIE Rcgi;"e Duodccimo, 171 • , I22oprtetow of reps, ,ret . 177 ,3c it cllaftcD tip [ f C-,,tcUUvucp tlj, dttcr:i mti ,,i t., ,Council ait� 3.�+�- rcfe � :tratite0, in Cct:i,.<at eatit•t al7cttthleti; anti 1>>, t'ie Qi,ttfttl*u of rpt', fiance; That when and Co often as any five or more of the Proprietors of fuch common Lands flail judge a Proprietors Meeting to be *necef :try, they may make _A pplication to a Jutticc of the Peace within the Mid County where filch Lands lie, for a Warrant for the calling of a Affecting, exprcfling the 'Time, Place and Occafion thereof : And fuch Juflice is hereby intpowrcd to gr,+nt a Warrant for filch Meeting accordingly, dircticd to one of the Proprietors, afking the fame; or to the Proprietors Clerk, requiring him to notify the Proprietors of the 'Meeting, and the Time and Place fbr the fame; which Notification (hall be given in Writing polled up in fume public PHcc or Places within the F,;urteenDrays Town or Precit_E where the Lands lie, fourteen Days before the Day appointed Notice for a for the Affecting. And fuch and fo many of the Proprietors as fhall be afrem- Meeting. bled and meet accordingly, (hall have Power by a major Vote to chafe a Clerk, z G. ca. 4. to enter and record all Votes and Orders, that from Time to Time !hall be made and paired in the Proprietors Meetings ; who (hall he fworn to the faith- ful Difcharge of his Office, as the Law dire&s, for the fwcaring of Town Of- ficers. And to agree upon, and appoint any other gray 017 Method of calling and fummoning Meetings for the future, as !hall be n1ofl fuitablc and coli- diode a� venient to the Proprietors. As alfo to pats Orders for the managing, improv- Clerk. iilg or dividing fuch common Lands, not before flared and divided ; the Voices always to be collecged and nunlbred according to the Interefls prefcnt, where the fame is known. And no other Aflllir (hall be tranfaeted at any Meeting of the Proprietors, than what is exprefled in the Warrant or Notification for fuch Meeting, .An A61• Pal-redby the Great and GeneralCourt orAfrcilibly of HerMajefly's Province of the 11'fafichir ctts-.Bay in New-Eng/and, Begun and Held at Boflon upon Wcdnefclay the twenty-fcvcnth Day of May, 1713. CHAP. III. An Ad in Addition to the Ad for Regulating Fees , made and paffed in the fourth Year of the Reign of King William and Queen Maly, 7HERE.AS the Public ,Votaries 0 c is not mentioned in the lard Ad, and has hitherto been under no Regulation as to Fees, but wholly at Pleafure : 11 e it man bit ljii crecllrticil the (1obcrliour, Gaunt(' ana limit: fetitatibegi nob) fn c6cnerol court aflcil;irlc�►, an) In' the , ut jozftp of the fame, That the Fees to be demanded and taken in the faid Public Notaries Office, for the Particulars following : Be as herein exprefred, and no higher : under the Penalty in the afore -recited Act mentioned. That is to fay : 1, s. d. 00 o6 oo 00 04 00 For drawing and making a Protefl, Jix Shillings. For every Certificate under the Seal of the Office, Four Shillings. For crating, and rcgifirrng 1'rotefls, and other Writings for the firft Page twelve Pence: and for fo many Pages more as it .(hall contain eight Pence a Page, accounting after the Rate of twenty-eight Lines, of eight Words in a Linc to each Page ; and proportionably for fo much more, aS (hall be under a Page : And fix Peace for each Atteflation on the Original. Z2 r r' A N 4W:&M. cz. 18. ProtcfL Certificate. Regiiii ing. Ai:c(lation. f'niro Regni A N N _E Regime Duodecimo. eclat€ourtg• _firing ofcrOuncsopt Bolton :kite An A&, Paired by the Great and General Court or Affembly of HerMajc a �d Province of the . Vlafachufetts-Bay in New -England : Begun held at Boflon, upon Wednefday the twenty-seventh of 1713. And continued by Prorogation unto Wednefday the fifth of 4uguf following, and then met ; being their fecond Seflion. C H A P. W. An A& for holding fpecial Courts of Affize, and General Goal .Delivery. HEREAS the Time fet for. holding a Superiour Court of Judica- ture, Court of Affize, and General Goal Delivery in the refpec`live Counties, according to the prefe�no.�flablonce in twelveMonths r�n, is but once in fix Months in and for anyCounty ; and in fonreCuc byReafon of whichDiflance of T'imePerfons guilty of Murder may avoid7uflice, either by making theirEfcape ; or by the Death of the Witnef es : or otherwife great Charlie may arse by long keeping filch Criminals in Pr fon, and great Los and Damage be occa coned to the P7tneles being long detained till the Contin of the Court, efpecially if they are not Inhabitants, or are Sea faring Coming For Prevention of' which Mifchiefs and Inconveniencies .Men : council �tt�U �..>'= IBE it enacted by iM e.�` rcllettCp or d3"oberllotll', prefetttatil3 , Ill C3cntrat Collet afictubleb'nb by the Zfoltbr the t) of the faint, That it (hall be lawful to and for the Gbeing, by and with the Advice and Confent of the Council, upon :rny extraor- dinary Occafion and Emergency, as aforefaid, by a Precept dire&ed to the Juffi- ces of theCourt of Aflize andGeneralGoalDelively ; to order and appoint them to hold a fpecial Court, as foon as may be, for the Trial of any fuch capital Offender or Offenders ; and to caufeVenires to be ifl'ued forth for the fummoning of Jurors for fuch Court out of the feveral Towns, as whatelfor hcf becregulate,Courts ; And to make out all other necefplryProceffes , and according to the Powers given them, in and by the A& for effabli(hing a Su- periour Court of Judicature, Court of Affize and General Goal Delivery. Preamble. A fpecial Court of Af- fize, and Ge- neral Goal Delivery. 10 G. ca, 4. ul Ili 1 !JOH I Ae&S and Laws, Paired by the Great and General Court orAffernblyof HerMajeffy's Province of theMa(rcptfelts-.Bay inNew-Etrglanri,BegunL and held at Bo on upon Wednelday the twenty-seventh of May, 17 13. And continued by feveral Prorogatiotts unto Wednefday the fourteenth of Qcobcr following, and then met; being their third Seffion. Preamble. CHAP. V. An Aa to prohibit (hooting or firing offGuns, near the Road or High -Way, on & lion Neck. J7_HERE-4s theLintbs andLives of feveral Perfons, have been greatly endangered in riding over Boffin'? N eck, by their ,Mori s throwing them; being affrighted and flartirtg, at the Firing. of f Gunsby Gunners that frequent there after Game : For 4110 N ire Arno Regni A N N IE Regime Duodecimo. ptflaapt For preventing whereof for the future : Pe it cnartcti bp %,N c“cllrvizp rjc d3at'crnour, Council nub lRrprcfcn: tzttilo, �c>s err t Court cuthttt, cu�t bp the1utboritp cif the tante/ttt a� CoL, r� That no Perfon or Perfons from and after thcPublication of this t1&, may prc- fume to Difcharge or Fire off any Gun upon "Lofton Neck, within tcn Rods of the Road or High -Way leading over the lame, on Pain of forfeiting and paying the Sum of twentyShiilings, for eachGun fo fired or difcharg,ed : Onc Moiety thereof to be to and for the Ufc of the Poor in the faid Town of Boylan ; and the other Moiety to him or them that (hall inform, complain, and fuc for the fame : To be recovered before thc Court of General Seflions of the Peace within the Count=y, or before any one or more of her Majefly's juflices of the Peace out of Court. And for the bctterConviction of Perfons offending againft this Att ; it (hall be lawful to and for any Freeholder to arreft and take into Cuffody any Gun fo fired off, and render the fame to one of the next Juffices in Boflon, in order to its being produced, at the Time of Trial. CHAP. VL An Aft in Addition to the Law of this Province, Intitled, An A& for High -Ways ; made in the fifth Year of the Reign of the late King William and Veen Maly. HEREAS in and by the faid AR, " The SeleE-Men of' each Town " refpcaively within this Province, arc thereby impowred by thcmfclves << or others, to lay out or caufc to be laid out only filch particular and « privateWays, as may be judged nece(lary for their refpcaive, Towns. And whereas it may and does often happen, that the Lands of particular Perfons or Proprietors,may be,and are fo fctuated and circunJlanced as to make or•render a particular or private Way for the Ufe of fuch Polon or Proprietor of abfolute Necef ty ; which is not provided for i n and by the faid A3 1!CE ft tbtrcfort .tlia6Cttt by tic,' en:dirty:2 thc d3olier'tlottr, Council anti 31 epr'cfcIttntthto iii Central Court a(tnnblcb, at/h bt' tie 2utbo% ryry of the fame, That thc Select -Men of each Town refpectively, are here- by impowrcd, by thcmfelvcs, or others whom they fhall appoint, to lay out or cattle to be laid out particular or private Ways between any of the Inhabi- tants orProprictors within their refpe&ive'71 owns, as Bull be thought neceflary, to or for any and every original Lot laid out or to be laid out in and by any Town or Proprietors, fo as no Damage be done to any particular Perfon or his Propriety, without due Recompence to bc made either by the Town if concern- ed, or fuch of the Inhabitants or Proprietors who dcfire and reap the Benefit of the fame ; as the Sel•eel-Men and Parties concerned may agree ; or otherwife, as [hall bc ordered by the Juf ices of thcCourt of General Seflions of' thePeace, as in and by the faidA& is already directed and pi ovided for. .And whereas rt hath been (and may yet be) found by Experience, that the Seleti-men of many owns within thisProvine,throughRelation or otherintereft have fo very much delayed; and at other Times al fblutely reed to lay out or cattle to be laid out particular or private Ways, for or within their feveral Towns when thereunto d efired, and the fame have been really necefary ; which bath been to the veiy great Damage and Grievance of Perfons concerned : ire it t1icrtf3zt fulttbry maw by the 2titboitip afrr rfa0, That when and fo often as the Select -Men of any of the Towns within this Province, (hall unreafonably delay or refufe to lay out, or cattle to be laid out, any fuch par- ticular or private Ways as aforefaid, to any fuch original Lot or Lors as afore- faid, being thereunto del:red by one or more of the Inhabitants or Proprietors of Land \Anthill their Towns refpeaively ; that then, and in fuch Cafe, her Majefly's Juflices of the Peace within the feveral Counties of this Province, at r�;)' 179 Penalty Guns to be feizcd. 5W &M. ca. 8. SeleEI-Men to lay out parti- cular or pri- vate Ways. Juilices powred, by a Committee, to 'ay out liar• ucuiar or pri- vateTr .eay s. im- 1713. .,'ino Remi A N N .t Regime Duodecimo. I fro toping up Ottu'Liottt' • )i at any of their General Sefirons, may, and are hereby impowred, by a Com - mince whom they fhall appoint, to lay out, or cattle to be laid out fuch par- ticular or private Ways, within or for fuch Town ; or for or between any of the t.ab: In�,.,�,tants thereof; to or for any filch original Lot or Lots, as aforefaid ; fo as no Damage be done to any particular Perfon in his Land or Propriety, with- ence. out due Recompencc to be made either by the Town, if it be ofg,_neral Benc- Recot ^nr fit ; otherwife by fuch of the Inhabitants as have the Benefit of filch particular or private Way, as (hall be ordered by the Jufiices in their Salons as aforefaid, upon Inquiry into the fame, by a Jury to be fummoned for that Purple : Any Law, Ufage cr Cullom to the contrary notwithflanding. CHAP. VII. AnAd to prevent the annoying or flopping up of Harbours ; and the unjufi taking off Ballad from the Shoar. it tnactcb bp cfy;�'trilencp tjc Colicrnouv, Council aitb Penalty for Reprefcntcttibto Sit Omni. Zona affcti.tbiCt?, ant) by the att. calling Balla(t tfjo4i.tp of tit faaum That no Matter or Commander of any Ship or into the Har- other Votfel, coming from Sea into any Road, Port or Harbour within this Pro- bour, &c. vince, fhall prefiime to unload or throw over -board, any Ballaff or Rubbish into filch Road, fort or Ilarbour, under the Penalty of twenty Pounds : And in the ballafIing or unballafting any Ship or other Veffel, there thall be a Canvas or Tarpolin, which (stall reach from the Ballafl Port or Gunnel, to the Lighter or Boat ; to prevent any Part of the Ballaff or Rubbifh falling into filch Port, Road and Harbour as aforefaid. Nor fhall any fuch Commander or Matter, as aforefaid, take off any Sort of Ballaft from any Ifland, Beach or other Land, Penalty for being the Propriety of any Town or of any particular Perfon cr Perfons with - without llalh in this Province, without Leave firft had and obtained from the Select -Men of without Leave. fuch Town, or the major Part of them, or from fuch Perfon or Perfons as they Shall entruft therewithal, or other the Proprietor ; under the Penalty of Forty Shillings ; to be recovered before a Juftice of the Peace, Provided, That this AEI [hall not extend to the hindering any 'Commander Provifo. or Mailer of any Ship or otherVcffel, after they arc under Sale outwardBound, who find a Neceffity of taking in more Ballaff, to take the fame from off any Ifland,Beach or otherLand, as above-mentioned, makingSatisfaction therefor. The Penalties ariflng by this Acct, to be one Half thereof for the Ufe of the Poor of the Town where die Offence is committed ; the other Llano the Ufe and Benefit of the Informer. The Penalty of twenty Pounds aforefaid, to be recovered by Bill, Plaint or Information, in any of her Majefty's Courts of Re- cord within the refpective Counties where the Offence fhall be committed. Anno Reuel A N N IE Regin;e Decimo Tcriio. Forfeitures how to be difpofed. uUzff 2trrcft , &c. 1714, • 1St f citableHead of Ihater for that Service, it bath fometime; fo hapned that fame frail Quantity of Lands or Meadows have been thereby. flowed and damnified not belonging to the Owner or Owners of fuch Mill or Mills, whereby feveral Controverfies, and Law Suits have arr/en : For Prevention whereof for the future : IR it tj octose mail) bp Flo oxteflencp the Cobcrnour, Council •an) Rcprcfcntaatibe0, in dener'aal Coiirt a[frtttbfeb, atth by t%r atitbo f- tp of for fame, That where any Perfon or Perfons have already, or fhall hereafter, tet up any Water Mill orMills, upon his or their own Lands, or with the Content of the Proprietors of fuch Lands legally obtained, where upon fuch Mill or Mills is, or !hall be erected or built ; that then Foch Owner or Owners (hall have free Liberty to continue and improve fuch Pond for their beft Ad- vantage, without Moleftation. And if any Perfon or Perfons find themfelves aggrieved and damnified in their Propriety of Lands, by its being flowed by the Owner or Occupant of fuch Mills flopping or railing the Water ; that in every fuch Cafe the Party fo. damnified in his Propriety, upon Application for Relief to the Coutt of Ge- neral Seffions of the Peace in the County where fuch Mills or Pond is ; the faid Court be and hereby are impowred to iflite out a Warrant directed to the Sheriff of the fame County, to fummon and impannel a Jury of good and law- ful Men at the proper Colt and Charge of the Owner or Owners of inch Mill or Mills ; and the Jury fhall be Sworn by a ,juffice of the Peace, to a faithful indifferent Apprifal of the yearly Damage done to the Perfon Complainant, by flowing his or their Land as aforefaid; and the Jurors Verdi& being returned by the Hand of the Sheriff, to the next Court of %tarter Sellions of the County, where fuch Mill or Pond is ; being allowed and recorded, fhall be a fufficient Bar againft any Action to be brought for any Damages occafioned by the flowing of any fuch Lands as aforefaid : Save only an Action of Debt, which the Com- plainant may bring for the Recovery of fuch yearly Sum or Sums of Money, from the Owner or Occupant of fuch Mill afleft as aforefaid, during the Time of filch flowing. But if the Jury find no Damage for the Complainant, then he or they to be at the Coil of the Jury, as [hall be allowed by the Juf.tices of the Paid Court. Ads and Laws, Paired by the Great and General Court or Afrcrnbly of Her Majefly's Province of theMafichuf tts-,gay in New-Englrand,Begun and Held • at Bo/)on, upon Wednefday the twenty-fixth of Day May, 1714. r_���.-.._........._ ` .... i. ....-......w...- dd. ...— . .a.,. .......... i. I .... .�—.....—....—.Pm. ...,.I An A& Paffed by the Great and General Court or Affernbly of Her Majeffy's Province of theMaNchn/etts-Bay inNew-England,Begun and Held at Bot oil, upon WednefUay the twenty-fevcnth of May, 17 1 3. And continued by feveral Prorogatious untoWednefclay the tenth of February following, and then met, being their fourth Seffion. • CIIAP. VIII. An A& in Addition to the Mt for Upholding and Regu- lating of Mills. HEREAS it hath been found by Experience, that when /one •Perfons in this Province have been at great Coll and Expenses, for building of Mills ferviceable for the public Good and.l3enefit of the Town, or cont derable ,Neighbourhood, in or near to which they have been erec`led ; that in railing a fuitable S ,Q, ca, 1. • Mills built on Lands by the Owners or by theirConfenr, to be con- tinued, Remedy for Damage on Land being overflowed • y CHAR I. An Aaito'prevent caufelefs Arrefts, &c. C it cnaateb by bio Qxer(lcncp tie Coacntoun Council anb prefctttatibeo fit Tentraf Court alfctlibleb, ant' bp tijc o.tttljo*p of t&ac.a.ca.t; tije fame, Thar every Perfon, Principal or Attorney, Executor or Ad- Writs to be miniftrator taking out a Writ or Attachment againft another, before he receive It endors'd. out of the Clerk'sOffice, [hall endorfe his SirName on the back thereof towards the Bottom ; and (hall 'land chargeable and be liable to anfwer and pay to the advcrfe Party his Colts arifing by the Arreff, and charge of Imprifonment (if any be) to be taxed in common Form by the Judges of the Court where the Writ is returnable in Cafe of non Profecution, Difcontinuance ; or that thePlan- tiff be Non. fait, or Judgment pafs againft him, to be levied on the Principal, the Executor, Adminiflrator or Attorney, that endorfed or took out fuch Writ ; if the Principal be without theProvince or be unable to pay the fame. And no Perfon 'hall entertain more than two of the fworn allowed Attorneys at No Perfon to �- inmore Law, that the advcrfeParty may haveLiberty to retain others of them to atltt him, thanenterttwoaAc• upon his Tender of the eftablifhed Fee, which they may not retitle, torneys. • •.u.,; .r.�� ;rn. Q, ,'� -777 I WWI • • • 4 1746 Ai:no Regni A N N IE Reginm, Decimo Tcrtio. �fteprefentatibet Cape -Cod. 182 Attorneys miflaying the AEIion to draw a new Writ without ,a Fee. Anzio Regni Regis GEORGI 1, Primo. Plaintiff in any Action, fuf br a Non -Suit, through the Default, Negligence or Crnif7ion of his Attorney that drew the Writ, being an Attorney at Law, prac`ti- ling and legally admitted in the Courts of Law within this Province, by miflay- ing of the Action, or otherwifc ; fuch Attorney fhall draw a new Writ without a Fee, in Cafe the Plaintiff fee Cattle to revive his Suit. 4 5. per Diem to each Re An A& enlarging the Pay of the Reprefentatives. HEREAS the Allowance by. Law granted to the Reprefintatives of the feveral %WM for their Service in attending of the Great and General Court or A -mbl , as b Law eflablilhed, is only three Shillings per Diem a Man ; which is not fit icient to agliver the Charge of their Travel mai Reprecentatibto in 6etterat Court cambia), am ti? the atithoOt8 of die fame, That from the beginning, of this prefent Seflion and ever after, until this Court fhall order otherwile, there be paid by each Town reipe&ively four Shillings in Money per Diem, to each of their Reprefentatives, dui ing their Attendance on the Court; and for the neceffary Time expended in their jour- - neying to and from thence, to be paid within one Month next after the End of each Seflion refpeaively ; any Law, Ufage or Cullom to the .contrary notwith- flanding. Preamble. • Penalty for barking or boxing Pine -77 ur is b p+ an Zuij entt;w 1715. A 8 3 And for the better enabling them to raife and pay the faid yearly Main- tenance, with the ,,9f Hance of /itch as fojourn among them at the frf ng Sea - fens, and have the Privilege of the Audience with them : tie it ftttt cr mna tea, That all and every Perfon and Perfons coming to abide and fojourn there on fifhing or whaling Voyages, during his and their Continuance and Abode there, "fhall pay four Pence a Man per Week weekly, to be paid by the _Mailer of the Voyage or Boat, for his whole Company, to Ebenezer Doan, who is hereby appointed and impowred to be the firft Collector and Receiver of the Paid Rate or Duty, on Behalf and to the Ufe of the Minifter of the Precinct. And upon Neglect or Refufaf of any Perfon or Perfons to make Payment as aforefaid, to levy the fame by Diflrefs by Warra-nt to him directed from the next Juflice of the Peace ; fuch Juflice being alto hereby iinpowred upon Complaint to him trade, to iffue forth a Warrant of Diftrefs accordingly. And the Paid Diftri& or Precina is hereby annexed and put under the Con- Put under the ifablerick of Truro, until this Court take anther Order e And the Select -Men eonftablerick or Affeffors of Truro are hereby directed and impowrcd to afl'efs and apportion of Truro. on the Inhabitants of the Paid Precina from Time to Time, fuch Surn and fo much as the Duty as aforefaid, laid upon the Fifhernien fhall fall fhort of making -up fixty Pounds per Annum,for the Minifter, directed as aforefaid, and to make out a. Warrant as the Law directs for the gathering of the faid Affe.fsrnent, An Aa Eor Preferving the Harbour at Cape -God, and Regulating the inhabitants and Sojourners there. /WHEREAS the Harbour at Cape -Cod, being very ufeful and COM-. 7110di01,0 for ghing, and thc Safety of Shippiry both inward and out- ward bound, is in Danger of being damnifie5d, if not ma:le wholly unferviceable, by defiroying the Trees flanding on the faid tape, (if not timay prevented ;) the Trees and Bullies being of great Service to keep the Sand from being driven into th.: Harbour by the Wind : tentatilico (neutral Court atictribto, anti bp the atttrmiQ of ttje fame, That from and after thc Publication of this Ael, no Perron or Perions may pre - fume to bark or box any Pine *Free or Trees, ftanding upon any of the Province L ds on thc raid Cape for the drawing of Turpentine ; on Pain of forfeiting and paying the Sum of ten Shillings, for each Tree fo barked or boxec, an an the 'Turpentine drawn from them, if to be found ; one Moiety thereof to her Majelly for the Support of her Majefly's Government within this Province, and the other Moiety to him or them that fhall inform or rue for the fame in any ,of her Majefty's Courts of Record within this Province. Zia) be it further enacto bp tbe sautijo?,ftp afelefaib, Thar whereas a The Lands on Number of Inhabitants are fettled upon the laid Cape, and many others re-! capecod made fort thither at certain Seafons of the Year to make fifhing Voyages there, a Precina. which has not hitherto been under the Government of any Town, or Regula. The Inhabi• tion among themfelves ; that henceforth all the Province Lands on the {hid tants to fettle Cape be a DitAriEt or Patin& ; and th,e Inhabitants there are obliged to pro- cure and fupport a learned orthodox Milliner of good Converfation to dif- per Alum penfe the Word of God among them, and to allow him fixty Pounds a Year allow him 6ol. Maintenance. And ; Qlnb be it fttt;tjer cnatteb bp the atttWitp ria efatO, That if the• Fifhermen to pay fourPence a Week per Man to the Support of the Minifter, • r AEts and Laws, Palled by the Great and General Court or Aflemblyof His Majefiy's Province of the Ma anchgfetts-Bay New-Eng1and,Begun and held at_ Bollon upon Wednefday -the twenty-fifth of May, 1715. An Aet agamit Burglary. H_EREAS notwitWiandingtheLaws already made for the pun; mg if W. & M4 fryof crinzinal Offenders, many PerfollS of late have been fo hardy as to „. 6. break open in the _Night, theDwelling Mules offeveral of his Ma - jelly's good SubjeCts, and have not only "'den their Goods, but put them in Fear and Danger of their Lives : • That if any Perion or Perfons fhall here -after in the Night time break and enter into any Dwelling Houle then inhabited, with a felonious Intent to rob or kill, or to do come other Felony ; he or they fo offending and being thereof .convieted, !hall be adjudged to fuffer the Pains of Death ; Any former Law, Wage or Cullom to the contrary notwithitanding. An Aa for the better preferving, increafing, and fecuring Naval -Stores ; particularly Tar, Turpentine, and R.ozin, within this Province. -ss HEREAS there has been Trafle and Stray made of the Pine Trees, and other Timber, within this Province : For Prevention whereof tatitiO (iNinieral Court affeinbitb, am bp to Otitholitp of tbt frratiric: That from and after the Publication of this AEf, Perfon or Perfons may prefume to cut or carry daily Tree, Trees, or Titnber, bark.ot box any Pine • 1715. Anno Regui Regis G E 0 R .G_ I I, Primo, 84. Tree or Trees, for the drawing of Turpentine funding upon any of the Lands belonging to this Pro\ ince, Proprietors, Townlhips, or hat titular Pcrfons, with- out Leave or Licence fibril had and obtained from the Owner or Owners there- of : on Pain of forfeiting and paying the Sum of tzventy Shillings, for every Tree fo cut or removed, bark'd or boxed. And the Turpentine drawn from them when found either in the Trees aforefaid, Barrels, of other \'ces lying upon the faid Lands, to be a like forfeited : One Moiety thereof to the rc- fpetive Owners of the faid Land and Trees, the other Moiety to be to him or them that !Ball inform or fue for the fame before any ,Juflice of the Peace in 'the County where the Offence is committed ; if the Forfeiture exceed not forty Shillings, but if above that Value, in any of his Majefly's Courts of Record, within this Province. A&s and Laws, Paired by the Great and General Court or Afrembly of His Majefly's Province of the NIajfbchrrfetts-Bay in New -England, Begun and Held at Bo/lon, upon Wedncfday the. twenty-fifth of May, t 7 r S. And continued by Prorogation unto Wednefday the twentieth Day of .7uuy following and they mer. CHAP III, An Ad for building and maintaining a Light -Houle upon the Great Brewller ( called Beacon-Ifland) at the En- trance of the Harbour of Bofion. HERE AS the Want of a Light -Houle at the Entrance of the Harbour of 13ofton, hath been a great `.Drfc•ourageinc,rt to Naviga- tion, by the Loft of the Lives and Eflates of feveral of his Ma. elly's Subjecfls.:. For Prevention whereof : Preamble; 24 G. 2. ca. Duty to be paid, Meafure Veffels. Et it ciia teb bp b ioe celteltrp tfjc l'F Unionr, C atincit attb Etc: pvcfcntatfbcq in enteral • Court aft:nalt;%, a,nb bp tic artxjoxitp of tije fame, That there_bc a Light -Houle, ereaed at the Charge of the Province, on the fouther-molt Part of the Great Brcwfler called Beacon'lfland, to be kept .lighted from•Sun-fearing to Sun-rifing. That from and after the. building of the faid Light-Houfe, and kindling a Light in it, ufeful for (hipping coming into or going out of he Harbour of Boflon, or any other Harbour within the hiaffacht fetts-Bay, there (hall be paid to the Receiver of impofl, by theMafter of all Ships andVeflels, exceptCoattcrs, the Duty of one Penny perTun inwards ; and alfo one Penny perTun, outwards, and no more, for every Tun ,of the Burden of the ;aid VeLT'el, before they load or unload the Goods therein. And that all Veffels having two Decks !hall be nmeafured upon the Main - of Deck, from the Stem to the Stern Pori, Hien fubdufiing the Breadth from Out - Side ro Out -Side athwart the main Beam, the Remainder to be accounted her Length bythe Keel, which being multiplied by the Breadth aforefiaid, and the Produ& thereof multiplied by one Half of the faid Breadth as the Depth of the -fold : And the whole Product divided by one Hundred, the Qjotient !hall be accounted the Tunnage of faid Ship or Veffel ; and all Ships or other Veffels having a tingle Decic, or Deck and Half, to be meafured in the fame Manner (except the Depth in Hold) which fhall be from the Under -Side of the Main Beam to the Cieling. Coaflers who,. That none !hall be accountedCoaflers by this A&, but filch who import only Provifions, Tar, Pitch, Turpentine, or Lumber, whore Owners belong to ],'rovincethis, II. i III, aI I I I , I I !Hi Anno Rc,gni Regis G F 0 R G. I I, .egtUrp et ft,e ; , Province, or the Provinces or Colonies of Rhode-Ifand,C;nncc`l;ridel, ezv.2'ork, fcrfeys, Penfrlvania, Maryland, Yirginra, North -Carolina and 11;'ovarScotia ; and that are bona' fide bound to Tome of the fore -mentioned Governments ; all fuch Ccaflers to jay only two Shillings each Time they clear out. That all Fifhing Veffels, Wood -Sloops, &c. Cmploy'd in bringing Of Fi(lr, Wood, Stones, Sand, Lime or Lumber, from any of the Parts within this Pro- vince, coming into faid Harbour of Boflon e;'c. pay,ftve Shillings at their lirft coming in or going out, and no further Payment to be demanded of them by the Space of one Year next•follow ing. • And the Commiflioner or Receiver of Impofl is hereby itimpowrcd by l imrelf or Deputies, by him to be appointed, to cone& and receive the feveral Duties aforefaid ; to fue for and Recover the fame by :\Etion of ebt in the inferiour Court of Common Pleas, in the County where faid Veffel loads or unloads, wherein no Elloign or Wager of Law fhall be allowed, nor more than one lmpar- lance ; and where the Sung does not exceed Forty Shillings, before one Tingle Judice of the Peace. And the Commiflioner of' Import or Deputy fhall attend at his Office at cer- tain Hours de Die in V iem, for entring Ships and Vefrcls, and to give Certifi- cate of paying the Duty thereof to the Naval Officer, for which he fhall demand and receive fix Pence, and no more. And no Ships or Veffcls !hall be cleared by the Naval Officer, until Inch Certificate be produced that the Duty of the Light- Hou fe be paid ; and theShip with IN/after fhall !land charged with the Duty thei cof, till paid to the Com- miffioncr of Import. Znb tic it ttt>i-tj cc charter Itp tj c 2urj a*p aforefafb, That the Per - fon who fhall be appointed from Time ro 'Time by the General Court or Af- fembly to be the Keeper of the faid Light -Houle, !hall carcfull . and diligently attend his Duty at all Times in kindling the Lights ft otn Sun -Petting to Sun- riling,' and placing them fo as they may be molt fccn by VcUels coming in or going out ; and upon Convicclion of Negle& of his Duty before the Court of General Sell -ions of rhe Peace within the County, (hall be liable to be fined ac- cording to the Degree and Circum(lances of his Offence, not exceeding One Hundred hounds ; two thirds thereof to be ro his Majcfly, to and for the Sup- port of the Government of this his Majefly's Province, and the other third Part thereof to the Perfon or Pcrfons that !hall inform of fuch Negle& ; to be reco- vered by Bill, Plaint or Information in any of his hlajcfly's Courts of Record within this Province CHAP.. w. An A6.& for the more fafe keeping the Regiflry of Deeds and Conveyances of Lands. .. a 15. 185 Dudes how to be recovered. Commifiioner to attend at certain;iours, Naval Office- not fficenot to clear, Keeper of the Light• Hottfe carefully to auea.d his Duty. Penalty. the Reel firing of Deeds and Conveyances of Lands hath or Avlltdic;onal a long-Tnnre pall proved very beneficial upon many Accounts : 7 G. ca. 5. 'Br it ttjcrefozc ritatitb bp lji e.cellcncp rifle Cottccnour, Cauiteit 12 G. ca. 3. arta ll:cprcCcnrnribev in antral Cotlrr iiffGtlltticb, nub by tI ctitt.�o- E1tr of tilt faint, That for the more fafe and convenient keeping' the Re- giflry of Deeds and Conveyances as aforefaid, there Tall bc chofen in each County within this Province, force clifcreet, fuitable Perfon having a Freehold within the Thine, to the Value ;:t kart of Ten Pounds per ./1111 111711, to bc theRe- to gifler in fuckby Votes of County, who fhall be chofen the the Freeholders of A R utr be chniofen 1)yy eachrefpeclive Town, at their Meeting in ilia) ch next, by the fame Rule and the Freih<<I- Method as by Law is prefcribed for the choofing of County Treafirrers.' And dens in 414farch, thePcrfon fo chofen and accepting thereof, being firfl Sworn before tiicSuperiour or Inferiour Court, or two Juflices within the County 9uorum Unus ; !hall be and continue in the aforefaid Office five Years tiniers removed or dif)laced by e. continue Ifi��e years, Order of the Court of General Seflions of the Peace in fuch County, for Mil- un!cr demeanour or Failure in his Duty ; the faid Officer to give Bond to the Value TOg•vc ro,d. n A ;t - 1715. Anno Regni Regif GEORGI I, Primo. a 8 6 et5. Lt V eta .l;0i1 fin 0 ?ftaori{ of Fivc' Hundred Pounds, with two Sureties, for the faithful Difcharge of his Trull. And inCafe of Non-acceptance, Death or Removal of any fuchPerfon fo elated, two or more of his Majefly's 1uflices within fuch County ,2,uorum Unus, are hereby impowred to grant out their Warrants, directed to the Selat- Men of the feveral Towns within fuch County, ordering them forthwith to con- vene the Freeholders of their refpeEtive Towns, and proceed to the Choice of fome other meet Perfon ; the Votes to be brought in as aforefaid. And that there fhall be a publick Office in the Shire Town of each County within this Province, forRegiflring of Deeds and Conveyances as aforefaid. And that the Fees forRegiflrin g shall be the fame as is therefor already by Law eftablifhed : Any Law, Uhge or Cuftom to the contrary notwichffanding. A new Elec- tion in Cafe. The office to be kept in the ShireTown. 4W.&M. ca 18. 3 G. ca. 6, CI - IA P. V. An Ad in Addition to an Ad for Regulating Fees. THEREAS in the a foref cicl.4fi there is not mention made of tlheFees to be takenfir manyThrngs which may fromTime to"Tinct• be entred, recorded, regiflred, and copied, either in the Secretary, or Clerks Offices, of the feveral Courts within thlsProvince : tic it t1 rrefoc niacin by MO yceliettcv tlje c "muttony, Council nab lieprefentatit►eo, in General Court atfztttbttb, an bp the ltttf ritp Fee for copy- of tie fatale, That no Officer whatfoever [hall alk, cemand and take any more mg the Page. than twelvcPence a Page, eachPage containing twenty-eight Lines eightWords in a Line ; atxl fo proportionable for the entring, recording, regiftring, and copy- ing all and every Matter, and Thing whatfoever ; on pain of forfeiting and pay- ing the like Sum of ten .Pounds, as by the aforefaid Law is provided. Penalty. 9 W. ca. CHAP. VI. An Ad in Addition to an Ac's of Limitation for quieting of Poffeifions. s HEREAS the Limitation of Time for the Continuance of Poefon by the afore/iaid✓1cd, did not extend or was unac-rflood to extend un- to any Hot fes or Lands lying. to the Eaflward of Pifcataqua-River, or in other theFrontiers referred to in /incl Ad ;but a f urtheri'rme was enlar_ied and lengthened out for theSpace of live Years next after the ending of the' ar with the Indians, d'ering which Space all Perf ns might purlte their Rir�ht and Clainc to any Houfes and Lands lying- in thole Parts : ,.find forajmuch�as fince the enadinir the aforeflid Law, the Peace was made and concluded zvitb the faidIndians in the tenthYear of theReilgn of his late Ma je/lyKin` \V r I,L LA Al ; notwitbfland.;ng which the aforefaid Indians 1 broke out a,ain into open War and Rebellion 172 the frond Year of her late Mee je%ly'i .Reign, and continued the foie until the lag Tear ; by Rea/ora of which Ruptures Per forts could not without great Hazzard and Difficulty praline their Right and Claim to Hou - fes and lands lyingto the Eaftward of Pifcataclua-River, or in other the afore- faid Frontiers ; .find in as much as the fettling of the Eaflern Parts and Fron- tiers will be of great Benefit to this Province : The ,.flccompli/hment whereof will be very much retarded and hindred unlefs Perfons can be fecured in their Purchaf's and Pof frons : i3c it tber'efolc enacteb by Oi Q1 tclfenrp the (tBe.bertiattr- Council at0 Five Years liteprcf£ntatlt e , itt f' cn£rat (J ottrt ilffcttible), attb by the Qttttho it a of tljc Time further. rante, That there fhall be a further Time of five Years from the fait of this Infant July, one Thouftnd feven Hundred and fifteen, allowed all Perfons to purfue their Right and Clain' to any i :oufes and Land in thole Parts and Places and every of them, and • o longer. And all Adions and Procefres to be there- after brought for the fame, are hereby excluded and for ever debarred. Provided 1 t 4 Anito Regni Regis GEORGI I, Secundo. evi mute, &c. Provided always, That there (hall be a Saving of all public Lands kc - longing to this Province, not orderly difpofed of. Provided alfo, That this AEt (hall not be understood to bar the Title of 'any Infant, Fence Covert, or Perlin non compos Mentis, rmprifoned or inCapt iv ity ; who (hall be allowed the Term of five Years nest after filch Imperfection re- moved, to purine theirClaim or Challenge to any Hon les orLands wherein they have lntereft or Title : And the Time of five ', cars (hall be allowed to Perfons having an Eflate in Reversion in any Houfes or Lands, from the Time fuch Revel -lion falls to recover their Right : And Perfons beyond Sea fhall be allowed the Term of ten Years from the Publication of this Alt, to purfue their Claini and (Challenge to any Houfes or Lands, as aforefaid, 00.:11,.-. ..,....1C1...: 10111aa11.11.11 A & s and Laws, Paired by the Greet and General Court or Aflembly of His Majefly's Province of thel\L.//achufetts-Pay inlVew-England,Begun and Held at Bol oil, upon Wcdncfc.lay the twenty-fifth of Mcy, r 7 t 5. And continued by feveral Prorogations unto Wednefday the nvcnty-third Day of .November following, and then met. siK. 1100, --+ CHAP. it. An Act in Addition to .an Al for ere&ing of a Powder- Houfe in Bofon, Intereft, &c. Five Years after, &c. Perfons be- , yond Sea ten Years, • HEREAS the Conff ation of Powder kept in Hotfs and Ware- 5 Hor fes, has not been found fuficient to deter Men from fo keeping 5 the fame, to the great Dicouragement and Damage of filch as affil in Time of Fire, to endeavour the extinguiJhing thereof : 11fie ft t eterore enacmeb by the Lieutenant d5osict'nottr, Connell autt 3it'prffcntatilw, Fri Ccncral Court atl£nt(rlcb, an bp the /autlhority of rhe fatale, That from and after the Publication hereof, any Perfon with- in the Town of Poflon, that [hall prefume to keep in his Houle or Ware-honfc any Powder, above what is by Law allowed, fhall forfeit and pay for every Half Barrel, the Sum of Five Pounds, and fo pro rata for every treater giantity over and above the Forfeiture or Confifcation of the Paid Powder ; one Moiety thereof to be for the life of the Poor of the Town, to be paid Co the Town Treafu ter, the other Moiety to thcFirewards, or any others that Miall fue for the fame. ttti be it fttrtl;cr entutch bp the dtttllo ftp aforcfafb, That the Qilantity of Powder allowed to be kept in Shops for Sale in Bol on do not ex- ceed twenty-five Pounds : Any Law, Ufage or Cullom to the contrary thereof notwithftanding. Saving neverthclefs, The ordinary Town Stocks, as in the afore -recited A& is expreiTcd. And whereas there is often Danger by carele/'r Perfons carrying Powder thro' the Town uncovered : 3c it tfi.crcfole macro by the atttljof tp afoieefapb, That after the Publication of this A&, no Perfon whatfoever prefhme to carry thro' the Town any half Barrel, Barrel or Barrels of Powder, unlels fccured by fore fufficient covering of Lcacher or Cloth fpread over it ; on Penalty of forfeiting Ten Shil- lings per Barrel, for each Offence, and fo pro sato for Calks of 'eller Size, to be recovered of the Perfons carrying the fame ; by Bill, Plaint or Information before any Court proper to try the fame. And whereas the Town of Boflon has often been in great Hazzard of Fire, by throwing of Squibs, Serpents and R: cketts, and by the performing of other Fire•Works : • 4. ca, 3. G. ca, z, Penalty. Quantity of Powder al- low'd io be kept inShops. Powder to be covered when carried thro' the 'Town. Penalty. 1'11 t4.cr, P if; t715. An n o Regni Regis G t. 0 R G 1 1, S e c. T:1(1 o. 188 Penalty for throwing. Squibs; tic. Children and Servants to be fined or pun- ithed for throwing Squibs, &c. Parents or Matters to pay for Chil- dren under the Age of 12 Years. Firewards to fue for the Fines. Preamble. Clafs Win- dows not to be broken. Fences not to be broken. Penalty. Treafurer im- powred to fue for the Fines. Perfons refuf- ing to pay the Fine to be Eat, Y t iii limber tiiaft£b bu the autlio4tp ato efatti, That any Perfon or Pcrfons whofocvcr that (hall throw any Squibs, 5.crpcnts or Rockets or perform any other Fire -Works within the Streets, Lanes or Alleys in the Town of Boftron, or upon or froth the Houfes within the fame, (hall forfeit and pay the Sum of ?wenty Shillings for every fuch Offence, to be recovered by i3iil, Plaint or In- formation, before a Juflice of the Peace, or in any of his Majefly's Courts of Record ; the one Half of the aforefaid Fines to be to the Informer, and the other Moiety to the tire of the Poor of the Town. £. be it fttrti'lcn ettmteb bp ttie dutiirq.itp alog1lit, That if any Chii Oren or Servants of the Age of twelve Years and upwards (hall offend againft this AEI in any of the Particulars therein mentioned, and their- Parents or Matter refufe to anfwer the Forfeiture or Damage awarded againft them ; they (hall be punifhed by Petting in the Stocks or Cage, or by 1 mpriloninent, not exceed mg twenty-four Hours, at the DiThretion of the Court or Jut{ice before whom the Profecution (hall be, according to the Nature and Degree of the Offence, and Circtimflances aggravating. And the Parents or Mailers of any Child or Servant under the Age of twelve Years, (hall pay a Fine of Ten Shillings for any fuch Child or Servant tranfgrefliing, as aforefaid. • And the Fircwards are hereby direElcd to take effccrual Care to put this Act in Execution, and are fully impowred to fue for, recover and take the feveral Fines and Forfeitures. afore -mentioned, by Bill, Plaint or information, in any of his Majefty's Courts of Record within this Province, G H A P. It An ALS for preventing Damage to the Houfing and other Efate, within the feveral Towus of this Province. WHEREAS ;irony Perfons of late have been to m1 f •Ioievous, more efpe- cially in therirrre of publicl?ejoycings, as to break the Glafs Windows of feveral Hoz fes, and to commit divers other Irfolencies in one or more of the Towns within the faid Province : For Prevention whereof for tete future : lBe it mato by die Jticiztcnant dD3t trtiJt1t', Council ant' littptefeat tatibc0, ili cgcneral court aO£nthlm arrb lip the atits)niitof tiie fault, That from and after the Publication of this A& if any Perfon or Perfons fhall wilfully break the Glafs Windows of any Houle within any of the Towns of this Province, either thole made Ufe of for public Occafions or belonging to any private Perfon, or, by throwing Stones, Snow -Balls, kicking Foot -Balls, or any other Ways ; or (hall wilfully break down any Fences belonging to any fuch Houle or Houfes, or any Pafiures or other helot -tires, and be thereof legally convi& before one or more of his Majefly's Judice, of the Peace within fuch County, or before the Court of General Scffions of the Peace within the County where fuch Town lies, he or they fo offfcnding (hall not only be ]L hl•e to the Suit or Aelion of the Owner or .Pof effur of inch Honk or Fences fo damnified, but fhall al fo pay a Fine of twenty Shillings at kali, and not exceed- : the Sum of Five Pounds, for the Ufc of the Poor of the laid Town. £it bc it fttt•tjjcv cn uteb bp Or 41utlja;itp ofe trafb, That the Treafurer for the Time being of' the Town where the Offence is committed, be, and hereby is directed and impowred to fife any Perfon or Pcrfons who Shall do any Damage as aforefaid, to any of the Houfes made Ufe of by the Publick, either on civil or religious Accounts, or to any of the Publick Burying -Places ; and the Money recovered on fuch Suit fhall be appropriated for the repairing of fuch Houle or Houfes, or Burying -Places fo damnified. 2nb be it further cnafteb bp tlic cllirlio t ' a.o-c` , fon or Perfons offending againff this Ac't, and being thereof con.vicrt ; (hall re- punifhed. fufe to pay the Fine above-mentioned (or when they are Children or Servants their That if any Pcr- ,4nno Regni Regis G E 0 R G 1 1, Sccuncio. 1715. 189 their Parents or Mailers (hall refute to pay the Gime) he or they fo conviel fhall . be puni(hed by Whipping, fctting in the Stocks or Cage, or by Imprifbnment, at the Difcrction of the Court or Juftice before whom the Profecution (hall be, according to the Nature and Degree of the Offence and Circutuftances aggra- vating the fame. 1 11111110 CHAP. III. An Ad in further Addition to the Act for encouraging the killing of Wolves, made in the fifth Year of the Reign pa`s ca. . of King T�T�illiam and Queen Macy. 7 S e it natal bp tlje i:,icnt£t1t111t Ointment, oiintil anh )&cpte- fcntatibcp I11 db"£t?£rtit (r? Ditt't ammo), nub by the 2ittitcqfte of tb c fame, That from and after the Publication of this Alt, the Re- ward for killing a grown Wolf (hall be the Sum of forty Shillings, to be paid according to the Frovifion made m Paid Aet. And for as much as fame Towns in this Province have filtered in their Sheep by unruly and ravenous Doss : h 113e it mato bp tlje .1uttolitpt afo tlaib, That whenfoever it (hall happen that any Dog (hall kill or wound any Sheep, and Proof be made thereof before any of His Majefly's Juaices of the Peace for the County where fuch Dam - mage is done, the faid Jufticc is required fpeedily to notify the Owner of faid Dog of fuch Damage ; and if Paid Dog be not killed within forty eight Hours after fuch Notice given, the Owner [hall forfeit the Sum of fve Pounds, to be recovered by Aelion, Bill, Plaint or Information, in any of His Majefly's Courts of Record within this Province, and to be difpoted for the Ufe of the Poor of the Town where the Damage is done ; and the Paid Owner [hall be further liable to the Aelion of any Perfon damnified, as aforefaid. 7 G. ca. 3. Wolves to be defroy'd. Reward. Unruly and ravenous Dogs to be deilroyed; Penalty. CHAP. IV. An A3 for the betterRegulating of Town and Proprietary Meetings. 7STHEREAS by Reafon of the diforderly Carriage of fonze Perfons in ilV faid Meetings, the dfair and Bufinefs thereof is very much retarded and obflruSed : For preventing whereof •: ire it £natter bp tfje !,icutcnaut ;lcrnotir, Comite) aiih REprefew tatibce it1 central court affciublct, attb ttp the itt ;orifp of the faint, That at every fuch, Meeting a Moderator {hall be firfl chofen by a Majority of Votes, who {hall bc thereby impowred to manage and regulate the Bufinefs of that Meeting. And when it (ball fo happen that any Matter remains doubt- ful after a Vote, the Moderator is hereby directed and required that the fame be decided by the Poll ; if (even or more dcfire ir, prefently after the Vote is called in Qtteflion ; in Proprietary Meetings the faid Polls to be numbred ac- cording to their Intereft. 3111) tie it further ciiafteti, That no Perfon prefurne to fpeak before Leave firfl obtained from the Moderator ; nor when any other is orderly (peaking. And that all Pcrfons be fil'ent at the Defire of the Moderator, under the Penalty and Forfeiture of five Shillings; for the Bleach of evci y fuch Order. And if any Perfon being by the Moderator notified of inch Offence (all (till per(ift in the fame, that then the Moderator {hall order fuch Perfon to with -draw from faid IViecting, and fuch Offender upon bis Refitfal thereof, shall forfeit and pay the Sum of twenty Shillings ; the refpeetive Forfeitures to be recovered by the Town-Treafurer of fuch Town, wherein any of the aforefaid Offences fliall be committed, Preamble. Moderator to be chofen by the Majority of Votes. Penalty on Perfonsfpeak- ing without leave from the. Moderator. Town Trea= furer to reco- ver the Fines. 1 ro!i�"l�l.i �1) 7n itt ^" i4 1,1111',1111; nt;' Z4lit �� It it bi �`a'{` " ti 1) '' Il, firr `.7 Li dui il'f1��F �l4'�.;, t 1 ,,14 ,t•l•�,;1f� �ili�l��Il1 R �' LAI i�If't ifi9�' 1 t =MAW 1, its tat, I; 31. 1715. .itnno Regni Rcgrf G E 0 R G I I, 5cctrn(1o, 188 Penalty for throwing C'c. Children and Servants to be fined or pun- ished for throwing Squibs, &c. Parents or Mailers to pay for Chil- dren under the Age of Y z Years. Firewards to fue for the Fines. Preamble. Glafs Win- dows not to he broken. Fences not to be broken. Penalty, Treafurer im- powred to fue for the Fines, Perfons refuf- ing to pay the Fine to be punifhed. •\YJe ut. 11.J a� 9 3t hi .iilr'tr1Cr civarb biz the Ui:tbosity ttfo-cf3i0, /That any Perfon or Perfons whofocvcr that (hall throw any Squibs, ",crpents or Rockets or perfiorm any other Fire -Works within the Streets, Lancs or A ilcys in the "Town of To/lon, or upon or from the Honfes within the fame, fhall forfeit and pay the Sum of Twenty Shillings for every filch Offence, to be recovered by Bill, Plaint or In- formation, before a Juflicc of the Peace, or in any of his Majcfly's Courts of Record ; the one Half of the aforefaid Fines to be to the Informer, and the other Moiety to the Life of thc Poor of the Town. L1nD be it further Ciuuteb by the Tttthntitp alozrfaiD, That if any Chip dren or Servants of thc Age of twelve Years and upwards (hall offend againft this Ad in any of the Particulars therein mentioned, and their Parents or Matter rcfufe to anfwcr the Forfeiture or Damage awarded againfl them ; they (hall be punned by letting in the Stocks or Cafe, or by 1 ml,rif<mnlcnt, not exceed- ing twenty-four Hours, at the Dircretion of the Court or Juflicc before whom the Profecution fhall be, according to the Nature and Degree of the Offence, and Circumflances aggravating. And the Paretics or �M ficr ; of any Child or Set vant under the Agc of twelve Years, [hall pay a Fine of Ti':`lShillings for any fuch Child or Servant tra11f'grefIing, as aforefaid. And the Firewards arc hereby dircded to take effeerual Cara to put this Apt in Execution, and are fully impowred to Cud for, recover and take the feveral Fines and Forfeitures aforc-mentioned, by Bill, Plaint or Information, in any of his Majefly's Courts of Record within this Province. CHAP. IT. An Ata for preventing Damage to the Holding and other Efate, within the fcveral 'Towns of this Province. of the HERE-f1S many Perfons of late have been %o m'/chicvous, more efp,e- cially in the7ime of publicRejoycings, cls to break the Glafs Windows of feveral Hollis, and to coniinit divers other Inf lencics in one or:nore Towns within the fail Province : For Prevention whereof for the futurc : -Pc it tilnftetl sip tljc Lieutenant (! :)tern ittt, Council anti iRcprcfca= tntihco, itt (13enet'at Court nOcnlitle , ata by the 2titi) litai of the fat11C, That from and after the Publication of this AL`s' if any Perfon or Perfons !sills wilfully break the Glafs Windows of any Houle within any of the Towns of this Province, either thole made Ufe of for public Occafions or belonging to any private Perfon, or, by throwing Stones, Snow-l3alls, kicking Foot -Balls, or any other Ways ; or (hall wilfully break down any Fences belonging to any fuch Houle or Houfes, of any Patlures or other Inclofures, and be thereof legally convica before one or more of his Majcfly's Juflicc, of the Peace within fuch County, or before the Court of General Seflions of the Peace within the County where filch Town lies, he or they fo offending (hall not only be to the Suit or Action of the Owner or .Porlefior of inch Houle or Fences fo damnified, but (hall al fo lay n Fine of twenty Shillings at kali, and not exceed- ing the Sum of Five Pounds, for the Ufe of the Poor of the raid 'Town. £ttD be it limber cel utcb Iter the dura itp afotial , '['hat the Trc.aflrcr for the Time being of' the Town where the Offence is committed, be, and hereby is dirc&cd and impowred to fue any Perfon or Perfons who fhall do any Damage as aforefhid, to any of the Mottles made Ufe of by the Publick, either on civil or religious Accounts, or to any of the Publics. Burying -Places ; and the Money recovered on filch Suit !hall be appropriated for the repairing of fuch Houle or Houfes, or Burying -Places fo damnified. Zit] be it further rttntcb by the Thtbe ft a.n:c:t That if any Per - fon or Perfons offending againft this Acs, and being thcr cot-cnn: id ; (hall re- fufe to pay the Fine above-mentioned (or when they are Children or Servants their 1yjnno Regui Reis G E 0 R G I it, Scculcclo. mown). rotu f //. C C t t Ufl • their Parents or Matters (hall refufc to pay the fame) he or they fo convict fhall . be punifhed by Whipping, Petting in the Stocks or Cage, or by Imprifonment, at the Discretion of the Court or Juflicc before whom the Pro(ecution fhall be, according to the Nature and Degree of the Offence and Circuniflances aggra- vating the fame. a 1715. 189 • ' i'; CHAP, III. An A& in further Addition to the A& for encouraging the 5 y f 81n�. killing of Wolves, made in the fzftli Year of the Reign ca' a. of King William and Queen Mag. 7 W. ca. 5. c1 it rnactcb bit the Lieutenant cl5obetuo it, Council nub orc- fentatibcci In d. cucr'a1 Court d[fctlttllcb, an tip tflc 1tltjogttp of the fame, That from and after the Publication of this A(1, the Re- ward for killing a grown Wolf (hall be the Sum of forty Shillings, to be paid according to the 1. rovifion made w laid AEF. And for as much as fame 'owns in this Province have fticred in their Sheep by unruly and ravenous `Dogs : 113 it rnactcb bp ttjc 52fittljo/itp afozcfaih, That whenfoever it shall happen that any Dog fhall kill or wound any Sheep, and Proof be made thereof before any of His Majefly's Juflices of the Peace for the County where fuch Dam - mage is done, t ie fall Ju(lice is required fpeedily to notify the Owner of' faid Dog of fuch Damage ; and if (hid Dog be not killed within forty eight Hours after fuch Notice given, the Owner fhall forfeit the Sum of ,fve Pounds, to be recovered by Adion, Bill, Plaint or Information, in any of His Majefly's Courts of Record within this Province, and to be difpol'ed for the Ufe of the Poor of • the Town where the Damage is done ; and the Paid Owner (hall be further liable to the Adion of any Perfon damnified, as aforefaid. CHAP. W. An A.6t for the betterRegulating of Town and Proprietary Meetings. THERE.4S by Reafon of the diforderly Carriage of folie Perfons in faid Meetings, the Jlfair and Bulbuls thereof is very much retarded and obfirut`l ed : • For preventing whereof': Tc it eliacteb tip the Lieutenant (robcruour, Commit a11) Reptant= tntibtO its (rettcrai Court tl(frlltblcb, alb lip the Attharitp of t jc fame, That at every inch Meeting a Moderator (hall be Pira chofen by a Majority of Votes, who !hall be thereby impowred to manage and regulate the Bufinefs of that Meeting. And when it (hall fo happen that any Matter remains doubt- ful after a Vote, thc Moderator is hereby directed and required that the fame be decided by the Poll ; if (even or more dcfire ir, prefcntly after the Vote is called in Q.Lieflion ; in Proprietary Meetings the faid Polls to be numb'red ac- cording to their Intcreff. tnb lie it fur'tl)cr enactcb, That no Perfon prefume to fpealc before Leave f rft obtained from the Moderator ; nor when any other is orderly (peaking. And that all Perfons be filent at the Defire of the Moderator, under the Penalty and Forfeiture of five Shillings; for the Bi each of every inch Order. And if any Perfon being by the Moderator notified of Foch Offence [hall Hill per6f in the fame, that then the Moderator (hall order fuch Perfon to with -draw from fait! Meering, and filch Offender upon his Ref ufal thereof, [hall forfeit and pay the Sum of twenty Sbillir gs ; the refpedive Forfeitures to be recovered by the Town-Treafurer of fuch Town, wherein any of the aforefaid Offences Miall be committed, 7 G. ca. 3. Wolves to b€ dctlroy'd. Reward. Unruly and ravenous Dogs to be deflroycd; Penalty. • Preamble, Moderator to be chofen by the Majority of Votes. Penalty on Perfonsfpeak- ing without leave from the Moderator. Town Trea= Purer to reco• ver the Fines, ;•1' i;'`t,. Ailrto Regni Regis G E 0 R G I I, Secundo0 roion )13paatvg. 2thmtnifirotoR54 I90 Ten or more Freeholders may defire a Tcwn-Meet- ing. 4W.&]L7. ca. 19. 4W.& M. ca. 13. 4w. Sic 11M. ca. 2. committed, before any one or more of His Majefly's Juflices of the Peace for the County wherein filch Town lies, to be difpofcd of ; the one Half for the Ufc of the Poon of faid Town, the other Half to the faid 'Town-Treafbrer. 2nti be it ftiut jcr rnaoeb, That when and 16 often as ten or more of. the Freeholders of any Town fhall fignify under their Hands to the SeleE-Men their Deere to have any Matter or Thing inferred into a Warrant for calling a Town -.Meeting, the Scle&-Men are hereby required, to infcrt the fame in the next Warrant they (hall iffue, for the calling a Town -Meeting. And that no IVlatter or Thing whatfoever, {hall be voted or determin'd but what is infet'ted in the Warrant for calling faid Meeting. Provided, That Town -Meetings for Choice of Reprefentatives be regulated by the Sclea-Men, as is ordained in the fourth Year of King WILLIAM and Qilecn MARY. CHAP. V• An Ad in Addition to the .A& Intituled, An AEt for re- gulating of Townfhips, Choice of Town -Officers, and fetting forth their Power, made and gaffed in the fourth of William and Mary. 13 Q? it tea cb mib beclareb by tie Lieutenant eooernour, Q ouilcil nni1 3,teprefcittatfbe . in 6ieneval Court ntteutbleb, nub lip the t.litijotitp of the fame, That where any Perfon or Pcrfons is con? vi&ted of the 13reach of a Town Order or By -Law before a juftice of the Peace and neglc&, or be unable to pay their Fine ; that in every fuch Cafe, it (hall and may be lawful to and for filch lufiice, to Order filch Perfon or Perfbns either to Rand committed to the Goal of the County, by the Space of twenty-four Hours, and not exceeding five Days, or be fet in the Cage or Stocks, not ex- ceeding the Space of four Hours. CHAP. VI. An Ael in Addition to an Ad Intituled, An A67 for the Settlement and D Jlribution of the Eflates of Inteflates, made and paired in the fourth Year of the Reign of King William and Qeen Macy. Q it cnnrteb by tr e Lieutenant dotiertieur, Council ant) IRe- prcfentntibe0 in antral Court aifeinblca, anti bp tic uthiofitp of tljc fmne, That where two or more have Letters of Adminif}ration granted there of any Inteflates Eflate, and one or more 'of them take all or the greateft Part of fuch Eflate into his or their Hand or Hands, and i efufe to pay ithe Debts or Funeral Charges of filch Inteftace, or come to an Accompc with the other Adminiflrator ; that then and in filch Cafe, it Shall and may be law- ful for fuch Adminiftrator aggrieved, to bring his Attion of Acconipt againft the other Adminiftrator or Adminillrators of the Eflate of the Intcflatc, in his or their rands, and recover his proportionable Part or Share of fuch Inteftates Eflate, as fhall belong or appertain unto him, after Debts, Funeral. Charges, and other Dues of the Inteflates are fully ffatisficd and paid : Any Law Ufage or Cullom to the contrary thereof in any wife notwithflanding. _Anna Rcgni Regis. GEOR G I , SccunelO, 1716 Billerica MriD e. tuftont- pule etficer5 feet a 91 A&S and Law 7 ParFecl,by the Grenc, and General Court or Alterably of Itis Majefly's Province of thu:11Trlfuc.het/ctts-Bay in.Ne u-England,I3cgun and Held aC l oflon, upon Wcdnefday tLIC thirtieth of May, 17 16. CHAP. VII An Act: relating td the great Bridge in .Billerica. HERE./IS the di:gents for the reruns of Billerica and Chelmsford, by Diretlion of the faid Towns in their Petition to this Court at their pritSfon, haveffiewed forth, that there is a Great Bridge creeled overConcord•Rivcr,iu tbcTown/hip of l3illcrica,and that the faidBridgc was built by the Crowns of Billerica, Chelmsford and Groton ; and according to a former Settlement {made by a Committee appointed for the Settlement of the Charge of the Bridges in the County of Middlefcx. But the Town of Groton, upon Applicatim to this Court in 1699, dict obtain a Difchargn(rant either building or repairing for the future, without ficrtherOrder from thisCsurt, ./dnd further it was alledged to the faid Petition, that the faid Bridge is fal- len into fuch Decay, that it is no /Pays profitable to Repair, or fafe to Improve any longer as it 720W is, but that the fame rnufi of Need ty be new -built; and that it is apprehended the Charge will be fo great that the Eurthen will be too heavy for Billerica and Chelmsford .to bear, for the Rea foss therein given, which more properly ought to come under Confederation of the 7ufliccs of the Court of General Segion of the Peace in the County of Middlefex : 1'IEe it tlj' erefocc bcclt:re' anb enacted by the bonourablt de Lieutenant (15a ernouv, Council anti tteprcfcntnrfbea, itt (15eneral court affclllbleb, anti t.p the 2utbjolitP of the fain, That the Matters contained in the faid Petition be referred to the Confidcration c.f the Juflices of the Court ofGencral Seflions of thePeace for the faidCounty of ilfiidc'(ctrex, at thcirQtarcerSeflions ; who are hereby felly authorized and impowred to take fuch Order about the faid Bridge frotn Timc toTimc, and at all Times hereafter, as (hall be judged meet and convenient, and to fettle the Charge of the fame, upon any, or every the Towns of the faid County. And the Paragraph in the Law exempting the Town of Groton, from the Charge of' the faid Bridge, is hereby repealed, and made null and void. Preamble. ACTS C fI A P. An A& taring the Fees of the Cuf Torn -Houle OEcer �t'ltbin to s Province. � ► e ft ciwateh lip t ;c Lieutenant (frobcrnaur, Council anb Iitepc e fel/tattoo itt c rnrral Court atfcitthleb, anti tin tilt •2.etr,azi w of tl;c fame, That the Fees to be hereafter demanded and received in the Collec}or's Office (hall be thele following, and none other. 5 IT'i k AI. ca. S. To the Collec'Ior for a Rcgiflcr fix Shillings, For endorfing the fame, two Shillings. A Certificate for Naval Stores, three Shillings. For all Foreign Vefl'els entring Inwards, and Permit,fix Shillings. For the Comptroller, where any fuch Officer is appointed Z for the fame, one Shilling. To the two 'Waiters, fix Pence each. For all Foreign Yef1'els clearing Outwards the fa Bb 1. ©o 00 00 OJ Refer"d t� the JufIices of the General Sef- fions of the Peace for the County of Middirf x. Grown, s. d. Fees hated. o6 0 02 03 o6 0 a O CD 0f 0 00 0r string IntisTarc's. To To the Collector a Certificate of unloading enumerated Goods, three Shillings. To the Comptroller for the fame, one Shilling% Coafling \Teffels ro the neighbouring Colonies. Entring Inwards and permit ro unload as far as Conner cut and .New-,b-Iantpfhire, two Shillings. The fame Outward, two Sloillings, 00 02 o Entring inwards -from Annapolis, New -York,- and the Colonies thence to South -Carolina, and a Permit to the Collecler, 00 05 o five Shillings.. To the Comptroller, one Shilling, 00 01 o Clearing Outwards the fame, fix Shillings. 00 o6 o Cocquet for European Goods to the faid Provinces. To the Collector, two Shillings. 00 02 o To the Comptroller, One Shilling. 00 OI o And every Cocquet for European Goods bought at the Shops or elfewhere, (tho' including feveral Parcels which may be entred • o0 03 0 together by the Mailer) to the Collehor, three Shillings. To the Comptroller, one Shilling. .00 of o Coafters from Port to Port within this Province carrying Merchandize. Entring, one Shilling, 00 or o Clearing, one Shilling'. 00 o t o A Bill of Store, .to the Collector, one Shilling o0 o t o To the Comptroller, one Shilling. 00 of 0 And that all the Roads and Harbours from Cape -God on the South -Side, (within the Bay) to Bof}on, be deemed the Port of Bofion, until an Naval Of- fice be fettled in them. glib be it fur'tbet mita tip tilt Zutbwftlt acoZtfaio, That if any Per - Yo /. Penalty. fon or Perfons imployed in the faid Office shall demand, or take ocher or greater Fees than by thisLaw are allowed, [hall be fubject to thePenalty often Pounds, as is provided by an A&, lntituled, .AA2 .AS for, regulating Fees, made and gaffed in the ,fourth Year of the Reign of .Bing William and Queen Mary. Or [hall illegally delay or defer entri ng or clears )g any Ship or Veffel, and dif - • Officers of - fending liable Damages,g thereof' any Merchant in their Courfe ; fuch Meer fo offending shall be liable to Coll and double bcin thf' dul5 T cony iEfcd in any . of his Ma- w �' w Cott. jelly's Courts of Record within this Province. And every Officer in this Pro- vince (hall have a Lift of Fees hanging up in his Office on the faid Penalty. Admiralty Fe:s'fgated: CHAP. IX. An Ad in Addition to the Ad for Regulating Fees, made and paffed in the fourthYear of King William and Queen Mary ; mating the Fees of the Officers of the Court of Admiralty. it matted bp tlje Lieutenant Cabctliont', Council .till r1/4epre_ fentatitto ticttetal Court afi'enittlet, cua bp tl;e Slutilotttp of try fount, That the Fees to be hereafter demanded and received in the Court of Admiralty, (hall be thefe following,,and none other, For Condemnation of every Prize above one Hundred Tuns, fifteen Pounds. Condemnation of every Prize under one Hundred ,Tuns, ten Pounds. Every Summons for Trial, to the Regifter, two Shillings, To the Martha! for levying, four Shillings. 1. s. d. 15 00 0 10 00 0 00 02 0 • 00 01. 0 Filing �Iiiho Regisi Retch' G E 0 R G I I, 'ratio; eaui acelz n €ib nct(oYu • etI`ng45 alitiL 193 Filing and allowing every Libel. To the judge, fx.Shillings and eight Pence. 00 o6 To the Regifter, fix Shillings. 00 06 o Every definitive Decree, to the ,judge, one Pound. o t To the Regifter, recording, fix Shillings and eight Pence. 00 o6 To the Marfhal and Cryer,, eight Shillings• oo a8 FilingPapers, examining and taxtngCoft, to thejudge, twoShillings. 00 02 The Regifter, two Shillings. , 00 02 A Warrant of Apprizements, to the Regifter, fix Shillings. oo o6 A Warrant to talcs up Deferters, Run-aways, &c. to the Regifter, fix Shillings• For every Copy of Record, twelve Fence per Page, twenty..eight Lines to a Page, and eight -Words to a Line. The Attorney or Advocates Fees, twelve Shillings. oo 12 o 210 be -it further eilaftcb by the autfjoitp afoeftib, That if any Perfon or Perfons imployed in the Paid Court shall demand or take other or greater Fees than by this Law are allowed ; he or they (hall be fubjc& to the Penalty in raid A& provided, and fhall be liable to Coit and double Damages, being thereof duly convicted in any of his Majefty's Courts of Record within this Province. CHAP, X. An A& in further Addition to an A6± Intituled, .fin 4& re- lating to Sureties uponMeanProcefs in Civilfltlions, made and paffed at a Seffion of the General Court or Affeinbly the eighth .of November, i 6g 3, in the fifth Year of the Reign of King William and ween Mary. WHEREAS in the Paid At`ct it is provided, " That all Writs of Scire " Facias fhall be taken out and ferved upon the Sureties within twelve " Months after the firfl Trial, and not afterwards." ✓,lnd forafinuch as in feveralCounties within this Province, theSuperiour Court of judicature ,Court of Afize and General Goal V slivery, is held and kept but once within twelve Months, whereby the Party or .Parties that recover Judgment at fuch Supe- riour Courts, can have no Benefit of the faid ,flit : 1Se it t*ertr®re cuactn lip the Lieutenant Cannaur, €otllttil anti e- prefentatibc in l5eneral Court nlfenibta, alto by the 2titljoiitp of the fame, That Writs of Scire Facias may be taken out and ferved upon Sureties for the Space of two Years after the Trial, upon an Appeal in all fuch Coun- ties where a Superiour Court of Judicature &c. is held but once in a Year. Any Law, Ufage or Cuftorn to the contrary notwithflanding. Ads and Laws, Paff'ed by the Great and General Court or Afrembly of His Ma - jetty's Province of the Mafacbuf tts-Bay in New -England, Begun and Held at .Boflon, upon Wednefday the thirtieth of May, r 71 6. And continued by feveral Prorogations unto Wednefday the fe- venth Day of November following, and then met. Perfons tak. ing unlawful Fees liable to Coils and Da- mages, Eec, 5W'. ca 5 4 4. ca: 3, Writs of Scire Facias ferved upon Sureties within two Years after Trial. CHAP. L An Ad for fetling of Grants. \/HERE.4S ficndry Grants of Lands have been made by the General Court at divers Times unto articular Per ons oPreamble. �' f f which Grants, the greatefl Part bas been taken up, but force may be yet (landing out : Bbz 1151 t7 r 1716. 194 Perfons to bring in their Grants within three Years. Provifo. 4W.&1st. ca. 8. Penalty of los. on La- bourers, &c. and zo r. on . Anno Reglii Regis G E 0 R. G I I, T'crtio. 1Fc it tf ercfole ctoecta llv biers grccileucp tijc iobcrnour, Council ;tlitI licprefentotitlo in General Court ufeiubltb, allb bp tic Oittlmitp of tljc fame, That all Perfons claiming a Right to any "t'rac`t or Traels of Land by Grant from the General Court, and not yet laid out, fhall within the space of three Years from the Publication of this Act bring a Copy of their Grant to the General Aflenbly of this Province, in order to have the fame laid out and confirmed to them ; and all fuch as neglect or refute to bring in their Claims, as abovefaid, fhall forfeit their Right to filch Grants. Provided, This AEI be not undcrflood to bar the Title of any Infant, Feme Covert, or Perfon non Compos mentis, imprifoned, in Captivity, or beyond the Seas ; who shall be allowed the Term of three Years after filch Imperfection removed, to purfue their Claim and Challenge to any Grants of Lands fo made to them or their Predeceffors ; any Thing in this Act to the contrary notwitil- ftanding. CHAP. II. An Aa in Addition to the A6t, Intituled, An Ail for the better Obfervation and keeping of the Lords -Day, made 1 General � Court or Affern��l and pafied by rhe' Great and General y at a Se{E ©ns held at Rogan, the 12th Day of �O[f ober, ;692. In the fourth Year of the Reign. of their late Majefiies, Icing l illiam and C, ween ary. BEREAS in and by the faiMel, it is declared, That noTradef- " man, Artificer, .Labourer, or other Perfon whatfucver, fhall upon << the Land or Water do or exercife any Labour, Bu(w fs or Work « of their ordinary Callings, nor ufe any Gam; Sport, Play, or Recreation on " the Lord's -Day, or any Part thereof (works of Neceffity Charity only excepted) upollPaln that everyperfoll fo offending, fhall forfeit f1veShtllings: " And further, That no "Traveller or Drover, idorfc Courter, Waggoner, « Butcher, Bigler, or any their Servants (hall travel on that Day or any Part ".thereof, except as by the Paid Law is excepted, upon the Pain of twenty et Shillings : Notwithfiandihlg which many Perfons do prehune to work and travel on the laid lay For the more effectual preventing, fuch immoral and irreligious Practice, ruilencp lbs'114otjcrn©t1C, -otiitftt 1?Tr UC'Jtre- �trltirt ;11`f¢:ll,i0 an) Iit•'.�,Ird�,� or e�tof � for the future contrary tothe faid ie It Ch1 Ut fenrltibct , ill , 3cllt'; faille, That whoever fila!! Callings, or raft any crcife any Labour, Bufinefs, or Work of their ordinary pl r Recreation on the Lord's Day, or any Part thereof, (ball Travellers Game, Spot t, ay o for the firft forfeit and pay the Sum of ten Shillings ; and all Perfons travelling contrary to Offence, the Paid Act, thc Sum of twenty Shi1Iings, for the tiro Offence ; and upon a fccond Conviction of either of the aforefaid Offences double the refpectivc Sums afore -mentioned, and be alto bound with Suretieswd or their Oilcndcod rsaviour to fh 11 be the next Seff�ions of the Peace in filch County here fa Perfons to be convict. And that if any Perfon being able of Body and not otherwife necef prefenced that fully prevented, [hall for the Space of one Month together abient thelnfelves fhall for M.nth Neg- from the public Worfhip on fail Day the Grand JIcII'ioia� of thePeace, left w attend and required to prefent fuch Perfon to the General S the [nip. k unlefs they can make Proof they have not fo abfented themfeives, but have Worfnip. attended divine Wor{llip in f0111e, public A.tlelllbly,�>{(1dCCSmentioned forfeit pay ln this Sum of twenty Shillings. And in Cafe any of the Penalty zo s. A& fllall be unable or refute to fatisf�y their Fine ; they {hall be adjudged to be fet in the Cage or Stocks, not excecdiug three Hours, according to the Pte action of the Juflices, . 4n u o R eg n i Regis G E ©R G I I, T e r t i o. 1716. 1;fl it further el-Nairnop tic tabu itit afore fy, That the Fines and Fines how U Penalties :wiling by chis A& (hall be difpofcd as by thc (aid Law is already pro- difpofet of. vides{ : Any Law, Ufhge or Cullom to the contrary notwithflanding. CHAP. III. An Ad in Addition to the AIS, Intituled, . ,1 Arl for the punffring Criminal Offenders. ETcE.,�S when any Perfon is apprehended for Theft or Robbery, 4 Tfr. & 1lz and admitted to fail, the Recognizance is only to the Xilg, to an- ca. 6. fiver for the Grime, whereby (in Cafe the °fender doth not appear but make fD(•fault) the Party injured lofeth the Benefit of an ✓yc7, Intituled, An Act for the punifhing Criminal (Jfhenders ; which gives the Warty injured treble Damages upon Conv/Edon : For Remedy whereof : • 1Fr it eiinttet hp iji 0:telfettca? the d5obcritottr, Council nth Vcpre: Perfonsapprc: fcntnttffgri, i.t ecncr'ai court; affetti icti, nub '1 tJc 0110;10t,1? CC ter bended far fame, That if any Perfon !hall be apprehended for any of the Crimes menti- Theft, &c. oned in thofe Paragraphs of the abovefaid Act which relate to Theft or Robbery, admitted to Pll ot and bc admitted to Bail, he (hall not only recognize to the King's Majcfly for onlyail[hrecoag- n hisAppearance ,at the Court in laid Recognizance mentioned, to anfwer for his n ze to the Crime ; but Irian alto enter into another Recognizance with (uf icient Sureties K'ng bur alto to the Party injured, for treble of the Money, Goods or Chattics which he (hall recognize be charged with Stealing.And if the laid Offender !hall make Default, and rotlie Penes the i to rfon DOC appear to take hisTrial according to hisRecognizance ; in fnchCafe the laid injured, �'c. Recognizance fllali be declared forfeited by the Court where the laid C1 iminal ought to have been tried, and the Party injured fhall recover treble Damages againfl thc Sureties, for fo much as can bc made appear to bc flolen, as if the Offender had put hitn(clf on his Trial, and had been convicq ; Any Law, Ufage or Cu(lom to the contrary notwithflanding. . CHAP. IV. An A& in Addition to An AO for the orderly con/imma- ting of Marriages, made and pafs'd in feventh Year of the Reign of King William the Third. .HEREAS in and by the laid .4a, it is protided, That no Per- 4 r✓ & At. " fon other than a Jul -lice of thePeace, and that within his own County ca. 1o. only ; or ordained Minifler, and that only in the Town where he is feticd in the Work of the Ibliniflry ; fhall or may prcfumc to join any Per- fonstogether in Marriage : Nor (hall any jut -lice or Minifler join any Per- fons in Marriage other than fuch, one or both of whom arc Inhabitants or Refidents in fuch County or Town refpectivcly 25e it cna tc`v b i , b i 0.•crllencp tljc ?Vobtrnmtir, Council auti 3I c= p cfrlitil:ihc.o lit ecntraf Court ca etttbic , nits bp tl.jc 2rzt%oritp of tic faille, That the Power granted Minifters to join Perfons together in -NEr- ricge be hereby enlarged ; fo as that where there (hall bc no foiled ordained Yfinifter in any Town or Precinct, or where thc only retied ordained Minifler of any Town or Precinct is himfelf to be married : It (hall and may be lawful in fuch Cafes for the next feticd ordained Minh -ter in another Town, within the fame County, to join in Marriage thc Minifler or Inhabitants of fuch Town or Precinct deflitute of inch felled ordained IMinifter, if fuch Minifler or Inhabitants defire it ; according to the Rules prefcribed by the Laws of this Province, for the confummating Marriages, 1( (1 Minitlers Power to marry en= larged. ti la 1716. Anno Regni Regis G E 0 R 6 I 196 Allowance of 4 Shillings. to s. Fine. Town Clerk to give in to the Clerk of the Sef ions a Litt of all Marriages. f i 3ligo5 I�Jtl iii 1 ii li I 1 1! 1,1141,11411,1Il du Tertioo llnb tit it ftlrdicr mato hi' tfjn 2ucho,itp nfoicrafb, That eve "-take or Minifler lhall have four Shillings for each Marriage, and pay out it fix Pence to the 'Town Clerk, when they return their Certificate to him. And whereas there is great Failure in returning Certificates of lllarriag to the Town Clerk : e it climb, That each Juflice or Minister neglecting to make due R turn to the Town Clerk, as the Law directs ; every of theta (hall pay a Fine ten Shillings for filch 1` eglect. .Tani) be it furter meat, That every Town Clerk shall give in a tr Lift of all Marriages returned to him by the Jufliccs and Minlilers refpcctively unto the Clerk of the Seffions of the Peace in each County, fomctime in th Month of April yearly, and every Year ; upon the Penalty of forfeiting twcnt Shillings Fine, Mr- every Neglect. And every Town Clerk (hall pay tw Pence to the Clerk of the Peace, for every IVharriage returned by him, as•afore fhid; which !hall be the Fee for the Clerk of rhe Peace for his recording th ame. And each Fine is to be recovered by Bill, Plaint or Information in an Court of Record, Proviso. Provided, That every Juftice of Peace, or Miniffer, authorized to join Per Ions together in Marriage, every Clerk of the Peace and Town Clerk respect vely, may be profecnted upon this or any former Act relating toMarriages,withi two Years after the Offence committed, and not afterwards : Any Law, Ufag or Cuftom to the contrary notwithflanding. ry of es e - of ue 7 e y 0 e y e ca, 4. Preamble. C H A P. V. An Aa for the more effehual preventing Default in the Appearance of Jurors. HERE.f1S the Mulc7s or Fines fet upon furors for not appearing W" and attending the feveral Courts of fuflice within this Province whereto they are refpeelively chofen and fiuiinioned, are by Law limited to the Sum of forty Shillings, by !reason whereof Petjons moll able and bell qualified to perform thatDuty ft -times choose rather to incur and undergo fo frail a Penalty than to perform thatService,which hath proved a gencrczllncon- venicnce, tending greatly to theDamage of many Perfons in Cafes of the great - eft Moment and Concern, as well as vee y much retarding the Bufinefs and Affairs of the feveral Courts For Remedy whereof : 15e it cnactcb by )ji,i excellcitcp the CSoternottr, Council alit Re: rcrcutatihhc i11 (Ruud Court ilftcniblcb, an;) by the Qititfiozfrp of dlje Anile, That the Juflice$ of the Superiour Court of judicature, Court of Affize ndGeneral Goal Delivery, and the Juftices of the Inferiour Court of Common leas, and of the General Seflions of the Peace refpetlively, (hall and hereby are required to fet reafonable Fines upon all Jurors duly retul ned to fcrvc in the faid Courts, that make Default, unless neceflitated thereto, by Rcafon of Sicknefs, or fome other extraordinary Lett or Hindrance ; not lets than the Sum of fourPounds, nor exceeding the Sum of fixPounds each at the Difcretion of the faid Juflices : And to caufe the fame to be levied and difpofed of as by Law provided. SilnD .hr it furtjet: ena.cteb, That the Fee or Allowance to be paid to the etty Jury for each Verdict (hall be thirteen Shillings : Any Law, Ufagc or uftotn to the contrary notwithflanding. Superiour & Inferiour p Court to fat Fines on Ju- rors that a makeDefault. P Petty Juries Allowance P 13 Shillingr,- C a• ACTS HI •J 1I. Ana R eg ni Regis GEOR tte.13%: CON A&S and Laws, Paffed by the Great and General Court orAcrenebIyof His d:i'efI 's Province of rhe Ala /fic/>ufitt.r-.8cgy i,]Alezv- En,g1alld,Begun and held at .Boson upon Wednefday the twenty-11in1ch of May, 1717. CIIAP. VT. An Ad in Addition to and Explanation of two A ring to the Reaulatinc- of Fees, s reser c J � a ice HERE/IS in the kJ? ?a for regulating - of Fees, made in the .Year f King William and °ween Mary, there is an Article fourth Preamble' Shillings and fix Pence in the Secretary's Fees, for every Ode of a le, Council to the Benet of particular Pet Eons, under Pretence whereof Order of has been made in the faid Office for the faid Sum even for Orders for the of the public and jz f Debts of the Government e 1Je Pay. ?5e rt gnaw by bio excellency Ocie Mobtr•nour, Council pr'eientatibt'� , in Cwncr•ai Cottr affembieb, Nib by the allt;•O - at Stile Fame, That for the future no Fee whatfoever be or (hall be due or[dp ©f tile for any Order of the Governour and Council for the Payment of` any public Debt, of, and from the Government, Yally public 210 be ft further num Iii' ay outja`Etp afo;efalb, That the +' any Petition to the Governour and Council referring to anyDebt of ee for vince, as aforcfzid, be tzvo Shillings and ix the Pro- caT r� s&• .Ind whereas in the late ,,1a made in I e P�nc�car of his aJld no more. Reign, Intituled, An Ad in Addition to the AC1 forRegulating g efent 1l�lajefly'r Pretence of the Word Copying, all and every , .g � Jag of Fees under !!latter andThing w (in the faid Ac`t) Demand has been made of Along or Fees eve parr ever Draughts, and preparatoi y Codes, for the Ufe of the Publick' 1t w for rough Ad was defined only for Awl)Copieshad and t L&li kelt the faid �e it rl,eCef©c f , ... . far private Ufe : t:t�ljt~e t nr: ra by the Am -frolic!" afocctnib, Thar no Fee whatfoever (hall be due or demanded in the faid Office for a oth or copying, than fuch as are taken from fair .Entries, Regiflers orYRecot Copies thole only for a private lie, and not for the ;Service of the Go Jcls, and Law, Usage or Cuftorn to the contrary notwithflanding. j ntnenr : Any erri d. C II A P. VI1. An Ad in Addition to an Ad Intituled - to the Duly and 0 f ce o � a Co��•o�ae�� made ��4c�7 relating Year of King William tj,�,Third.' in the twelfth t; 1e HERE.AAS in and by the /aid 48, the Coroners o the ev r of this Province, are ;vowed to frve and execute IlT 1 Writs 1'roce cs direFled unto them ri�aiit i t;' Sherif} �rirs and t a l�. ca, 6. But no Provifon is therein made to fcrve c y Th -it cr Pr c , . y ' f the fame County r of the fame Coulir.'y is or may be 1�1a111tg 1„occfs wherein a She- happen, if not Re,wt'diecl : and fo a r'ailkre o u is of J i e may 1E�e f t t jerc:;; e c-i1�.1`ta bp � � ,fi � �lpr'P-fC1iF•c1frc in Cott "^ fi-N 1�•es,'t'11e., rf t Cal -truant., Ql~t Coroners ref (;.€ nrr ttffc hje l 1, t tbu1 j' lit C e:s im the fame, hat when and fo often as the �She i�t�orSheri bp I' rt a Powrecl if-;s' Counties within this Province, their Uncicr-Sheriffs or Deputies, • � fera�e wr;a Sheriff's of any of the in C',c are or may be concerned as Plaintiff, Complainant or DefendantWrit, . !:.: 1 rtes, or any of them, Ac}ion or I'rocefs : That in Each Cale the Coroner any in i,.•,•o,�.a be, and hereby is impowred to serve and tonc,t of the fa:nc Co„ 1 °�.-. execute An ` County ili;il, or Cullom to the contrary not r fl lmy.• Its tl e fame �r .,. r7, I = C'• • i} a • AI. 1718. I '98 A,i110 Roll; Regis GEORGI -I, c1arto. CrOtnifinle thoo1909after5. A &s and Laws, Palled by the Great and General Court or Afrembly of flis Majefly s Provisce of -the 1VTa ffichrcfetts-Bay in New -England, Begun and held at Bofors, upon Wednefday the twenty-eighth of May, 1718. CI3AP. I . An A& in Addition to an A& pafs'd in the firff Year of ueen Anne, Intituled, Aga AEI more efeElually provid- ing for the Support of Min flees. :A.ca. 3. BERE.AS in and by the faid Ad a Power is provided and given to the Select -Men of any Town from which anyDiflric`i or Precinct is fet of, to afefs the Inhabitants of the fame, the Sums agreed on forSupportofthe 1Vlini er, in Caft the..jffeffors of filch Precinfl fiall neg. the ,i ,% lett or refufe to do the f zine, but no like Power with Reference to the Charge of building or repairing of the publickMeeting-Hot fes for thedfrorJhip of GOD, veiled either in the .flffe(f "ors or the Select -Men : )L�c it mato bp WO C><•telicncp the d„otierttattr, Co:t12Cii Q11b Iittprc- tentatibc i, itt 5encral Cana aOctntitcb, alit bp tic zutholitp of the fame, That when and fo often as the major Part of the Inhabitants of any PrecinE otDiffri& have, or at a Meeting of the fame legally warned, shall agree oti the building, finifliing or repairing of any publick Meeting -Houle ; or the defrcying any other neceffary Charge for the Support of the or lip of GOD, and agree on any Sum or Sums of Money for that Purpofe, the Afrefl'ors of' filch PrecinEt or Diflri& are hereby impowred to afrefs and raife rhe fame on their NW -live Inhabitants ; and in Cafe fuch Afrti erT�wn from n which fuch le61: or refute fo to do, then and in that Cafe the Selea-Men of Precinct or Diftriet is derived, are hereby impowred and required to alTefs the Inhabitants of fuch Precin& or Diflri& the Sum or Sums f and byfaidoney agreed on, on, to be colleEtcd and levied in like Manner as is And all regular or legal Precin&ls or DiiflriEfs are hereby alfo impowred to clinic a Committee or "other Officers for the better Management of the Affairs of their refpeelive DiflriEt or Prccinel as aforeftid. That in all �•ulb bt it baba:cn£tt�eb by tijc itttijolftu aforc(nfti, Inhabitants of an Town Towns where there are or Shall hereafter be one or more Diftru&s or Pre - from which ctn&ls regularly fet off ; the remaining Part of fuch 'Lown (hall be, and are feveral Dif. hereby deemed, declared and conflitnted an entire, perfe£t DiiflriEf, Parifh or trI&s are fet Precina (and the firff or principal of faid Town) and the Inhabitants thereof off, their to have full Power to choofe a Committee for the Regulation and Management Power. of all Affairs relating to the Support of the publick ��'orflZip of GOD, and for the chuffing all neceitary and proper Officers in and for the faid PrecinE, Parifh or Diflrif, and further to have all fuch Powers and Priviledges as by any of the Laws of this Province are given or annexed to any DifIrift or Precinct : Any Law, Ufage or Cuftom to the contrary notwithflancling. CHAP. II. An Ad in Addition to the feveral Ates for Settlement and Support of School-Maffers, &c. H ;REAS notwithflancling the many good and wholefome Laws of this Province for the encouraging of Schools, and the Penalty Pall of ten Pounds, and afterwards increafed lo twenty Pounds, on fuels Towns as are obliged to have a Grammar School-Mafrer, and neYtile3 the f true : Tet by fzd Experience it is found that many crowns that not only are obliged by Law, but very able to .f cpport a Grammar School, yet chicle rather to incur and pay the Fine or Penalty than maintain a Grammar School : ire Afrefiors im- powred to raife & al-refs Money for building Meeting- Routes. :einno Rejni Regis GEOR GI I, Quarto. 1718. cnnceo, Cattle, &c, ge1'I°te5, 199 • 1i.5e it mute° l►n i ttriteticp tiic ©uobcriiaur, (Council nub lteprel fetita iticri in Cciicral, Court aficinhlcb, aiib I11r the 4 tttio<itii of tfic cam, That the Penalty or Forfeiture for Non-obfervance of the faid Law penalty. henceforth (hall be thirty Pounds on every Town that (hall have the Number of one Hundred and fifty Families, and forty Pounds on every Town that shall have the Number of, two Hundred Families, and fo pro rato in Cafe the Town confifl of two IIundred and fifty, or three hundred Families : To be recovered, paid and employed. in Manner, and to the Ufe as. by the Law is di- refted : Any Law, Wage or Cullom to the contrary notwithf}anding. CIIAP. III. An Ad in further Addition to an Act, Intitled, Aga AcT for 5Tr* fit* ca Regulating Fences, Cattle, &e. References. c it enattcb bp ri ;t•ce1Ictitp the (?ot9eriiotir, council cath..cpre= fentatityc ill Wcner•1I (Tout nlicutbtci, an by tie sattthoiitp of tic fable, That in any and every Town of this Province where feveral Fences how tAllotments of Upland and Meadow are inclofed and fenced in one general Field, tainedmain- 7 G. ca. 7. rr'. & fit 'ca. t T. 3 W. ca, 20. or where there have been fo inclofed, fenced and imptoved, or where all the Proprietors of fuch Land fhall hereafter fee caufe to inelofe, ,fence and improve the fame in fuch Manner, the Proprietor or Proprietors of each Lot refpcElively during the Time of his or their Feeding, Planting, Mowing or otherwife im- proving his Part in fuch general Field, fhall make and maintain his or their re- fpe&ive Part of the whole Fence, according to the Qpahtity of Acres of Land contained in his or their Allotment, until the major Part of the Propriety fhall fee Caufe to alter the Form of their Improvement, at a Meeting of fuch Pro- prietors legally warned for that Purpofe : And for the better enabling fuch Juice of Proprietors to call a Meeting for the Ends aforefhid, it fhall be in the Power of Peace upon any Juflice of the Peace for the County where filch Lands lie, upon Applica A1'P"llcation, tion to him made by any of the two Proprietors of fuch general Fields, to if ue Meeting of out a Warrant for fuch Meeting, according to the Form of an Aft made and Proprietors. patted in the twelfth Year of Q.tleen Anne, direEiint how Meetings of Proprie• tors of Lands lying in Common, may be called ; the whole general Fence to be meafured, and each Man's Part to be fet out and apportioned by two or three difcreet indifferent Perfons appointed and fworn for this Purpofe, by any Juflice of the Peace for the faid County, excepting the major Part of the Pro- FEacence to h Propberi- priety agree and proportion the fame among themfelves, eror� I'ropor- And when the Proportion of each Proprietor in filch generalFence is ad_ tion in general killed and determined, the fame Shall be entred upon Record by the Clerk entred by the of the Propriety ; and where there is no filch Clerk, by the dole of the l Jerk of the Town where the Laid lies : AnyLaw,Ufa Cullom to the contrarynot- Proprict/ or ge or om Town clerk. withflanding. CHAP. IV. An Ad for the further Regulation of Ferries, Fr.HER,E.AS notwitlflandirg the Provifion already made for the fpeedy Trai fportation of all Travellers and Pafengers over the Ter. ry at Winnilimmit, yet thro' the it'I f onfiruc`lion of the faid Law, Perfons ate iinreafonahly delayed and kept from pallinglaid Ferry, until the Return of the Boat from the oppof teSide, fo that in efecl the ,Benefit propofed in having three Boats is loft Therefore for Remedy thereof, and that all Pafiengers may be tranfported fpeedily : .r, Cc Preamble. 6W &M. ca. 6. and References. if II�iIIVI�� lull IIIIA 1111 ill di III. I,I I II •, 1, .II IIIIP,.,i,i h,,;,,lll 1,,41l 1718. Jinno Regni Regis G E O R „ntG I I,- 200 Two Boats to be always palling upon the Water. Culling of f tih arto0 113e it enutcteb by jib Lrcelleltrp ijje (i5obernotlr', Council attb Ile: prcfentatibeo in ebeitcral Cotirt nffeinbteti, anb by tlje 2utjoci tp of the faint, That two of the three Boats appointed for the Service of the faid Ferry, shall be always palling on the Water, from Side to Side, and as one of the Boats puts off from either bide, the Boat on the contrary Side lhall be obliged to put off; unlefs the Weather be Stormy, or not fife for the Pafl'engers ; nor shall any Perfons who want a Paffage crofs Paid Ferry when to the Number of five be delay'd, under the Penalty of twenty Shillings. Ferrymen to ..Inb be it timberettattet, That at Charleflown, Winnifimrnit, Salem and keep plank'd Newbury Ferries, there be hence -forth provided and kept on each Side of the Trucks on Vater, by the Ferry -Men of the refpettive Ferries, a Pair of plank{ d Trucks each .fide the of a fufficient Breadth, for the fafe and more convenient palling of Coaches, Water. Calafhes, Horfes and Cattle in and out of the Ferry -Boats, on the Penalty of ten Shillings for every three Months Negle&t,to be recovered before any of his Ma - jelly's juflices of the Peace in the County, by any Perfon who fkiall inform, and fue for the fame : -Any Law, Ufage or Cullom to the contrary hereof notwithftanding. Penalty. Preamble. Cullers of Fifa to be chofen at MarcbMect- ing annually. Penalty for Culling with- out being chofen• and Sworn. Penalty for Shiping off' Fish without being Sur• veyed or Cul- led. Penalty for Mailers ta- king fuch Fifh onBoard. CHAP. V. An Ad for the better Regulating the Culling of Fifh. HEREAS thro' the Carelefsnefs or Ignorance of Perfons who un- dertake to CullFi/h, without being chofen and Sworn to the faith- ful V;fcharge of that Trull, many great .Abtffcs have happened to the Buyers thereof : For the Prevention whereof for the future : 'lie it eiia by WO Cycellenep tlje d5obcr'nottr, Council flub acpre= fetitatibco III C3euer'al (Cottr't nffembieh) anti by tte 2titijoptp of tlj' e Paine; That there [hall henceforth be Annually chofen in every Sea -Port Town or Place within this Province, where Fifh is made and cured, at their Annual Meeting in March, a fuitable and fufficientNumber of Cullers ofFifh, and that no Perfon or Perfons fhall prefume to Cull any Fifh, upon any Pre- tence whatfoever, without being chofen and Sworn according to this Law,upon Pain of' forfeiting ten Pounds for every fuch Offence. And each,Culler [hall have due Regard in Culling of all Fifh to the Contrast or Agreement between the Buyer and Seller, with refpe& to the Seafon of Year wherein fuch Fifh was made and cured. glib be it . further tttatteb .ftp tfjc £titfjcwtp arogaib, That no Perfon or Perfons (hall prefume to Ship off any Merchantable Fifh whatfoever, without being firft Surveyed or Culled by a Sworn Culler, on the Penalty of forfeiting fuch Filh. And every Mailer of any Ship or other Vef 'el is hereby ftriEtly prohibited from receiving or taking on Board his Ship or Vefr'el any Merchantable Fifh, in order to be Tranfported beyond Sea, until fuch Mill be firft furveyed by a Sworn Culler, under the Penalty of five Shillings Fine for every Quintal of Rh fo received or taken on Board. And all Cullers fo cho- fen by any Town or Place, fhall each and every of them be Sworn as fol- lows, viz. AA B do Swear, That 1 will faithfully and impartially to the bell of Cullers Oath. I my judgment, perform the Duty and Office of a Culler of Fill, for the Tear enfuing, and that I will always have a Regard to the Particulars mentioned in this 51a. So help me GOD. Provided neverthelcfs, when it [hall fo happen, That the Sworn Cullers cannot be obtained, that then it (hall and may be lawful for the Buyer and Sel- ler to agree upon fome meet Perfon to be a Culler, in fuch Cafe provided he be under the fame Oath and Rettrielions as the Cullers abovefa id, 2nb Provifo, IuIiIAII ILII..II . 1I1 d t,l i g I,i, IIIIIIIIIi. II Ink .11 di hlhIuInldnibuuhlnlnlryih Jw NA IeI,w n l.0 l Ld Nd, L. I JIi,II161.'s a� Mill•I1 all ILYp..1H,j,Il 11.IW1 II,YYnl•01161u dinno Regni Regis GEORGI I, Quartos btanLL 2tgatnft carrying o :ierbanto, Sc Sifnb bt} it . faulty eltftcteti,. ,That all Forfeitures and Penalties arifing by Fines how to. Force and Vi!ftuc of this Att shall be difpofcd of, one half to the Poor of the bethIpofedof, the Place where, the Offence (hall ,be committed, and the other half to theIn- former, or to hint or thein that (hall .Ifue for the same, in any of His Majefly's Courts of Record within this Province. CHAP. VL An Ad in Addition to the A& for preventing Abufes to the Indtatn, made in the twelfth Year of King William. ITE.REJIS ro'tzuith/landing the Gare taken and provided by faid Ad, a great Throng andInjury happens to faid Indians .Na- tives of this Country, by Reale of their being drawn in by fnall Gifts, or fnall °Debts, when they are in drink and out of Capacity to Trade, to fign unreafonae5le Bills, ,or Bonds for Vebts, which are Poon fued, and great 'Charge brought upon them, when they have no Tway to pay the fame, but by sServitzrde : , I 213e it tljereforc enarteb by j i0. ctrcdllencj die CSobernottr, Council anb 11eprefcntatibec.4 ill enteral ,tonvt £C clntllcb, anb bp tje 2tttjolitp of the f atut, That from and after the Publication of this A61, no Bill, Bond or pthcr Specialty in writing; given by anylndian, ori anyContra&t whatfoever, (hall be deemed good, or be recoverable againft any Indian Native of thisProvince, un - leis fuch Bill, Bond or Specialty be entred into before any two of His Majefly's Juftices of the Peace, in the County .where fuch Indian lives, and both to be prefent together when the faid Bill, Bond of Specialty is executed by, the faid Indian, and approbated by the faid Jdffices, who are therefore to take Care of the Equity and Reafonablenefs of filch Bill, Bond Bargain or Contra& £IIa be it further rnarteb, That henceforth no Indian fliall conta&t, or No Cdntrad put him or her Self or Child, Apprentice or Servant, for any Time or Tent for Service c,f Years, but by and with the Allowance and Approbation of two of His Ma- of any indeas jelly's Junius of' the Peace (in the County where fuck Indian lives :) And the to bood, Indenture to be allowed of and approved by the faid Juffices at the fame Time, b.vieeefsas . and when together : Any Law, 'Wage or Cullom to the contrary notwith- ifanding. No Bill, &c. given by any Jndiaa to be good, unlefs entered into before two Juftices, both being preieht, An AC; Paned by the Great aid Gesterol Court or Affetnbly of His Mg. jetty's Province of toe Ma/%"achrf its -Bay in New -England, Begun and Held at Rogoir, upon Wednelclay the twenty-eighth of May, 1718, And continued by feveral Prorogations unto Wednefday the twenty-ninth Day of Oc/ober- following, and then mat. CHAP. L Ari A& for the preventing of Perfons lender Age, Apprentices or Servants, being tranfported out of the Province, with- out the Confent of their Matters, Parents or Guardians. HEREAS it has been complained of that Perfons under ,Age, ,, f�- EPreainble, prentices and Servants within this Province, do often-times get *on Board the outward Bound Vc%fels, and are there entertained by the.ivfaflers orMariners, and actually trai(ported to fomeParts beyond theSeas, not only to the great Lofs and Injury of their refpefive'Wa/lers, &c. but a�fo to the Damage of the Province : Cc 2; U0' . 1719. 202 Mailers of Ships not to carry offany Servants or Sons under Age. 7 W. ca. 3. Penalty 1. se; Amw Regni Regis GEORGII, %%into. • Ciun*potutier, il3e It th cr,efotce cnacaeb bp 1jtr cgellcncp the Ootlernattr, Council anb Ilttprcfentatibefi in �elleral Court affembieb, atib Ii' tJ e 2tttf)O*p of tlje fatue,, That every Mailer of any outward bound Ship or Vcffei that shall hereafter carry or tranfport out of this Province any Perfon under Age, or bought or hired Servant, or Apprentice, to any Parts beyond the Seas, without the Cun- fent of filch Mafter, Parent or Guardian fignified in Writing, of the fhallPforfeit rit the the Sum of fifty Pounds ; the one Half to that fhall for inform or fue for the fame; and other Half to and for the Life of him be further liable to an A&ion in the Law, at the Suit of the Parent, Matter 01 Owner of filch tranfported Perfbn, for any Damages fuftained by him or them. An A&, Pail'ed by the Great and General Court or Alterably of His 1Vlajetly's Province of the Maf%achufetts-Bay in New -England, Begun and held at .Ballon, uponWednefday the twenty-feventhDay of May, 1719 CHAP. IL An A& in further Addition to an A& for. erect ing a Powder Houfe in BoJon. HEREAS Gun -Powder in greatQ,iiantities is imported and exported at the Port of Bolton, and the Ships or feffels in which fuch Pow- der commonly is, lie at the Wharfs near to the Ware-Houfes, and Dwelling Hot fes of the Inhabitants of the Town o f Bollon aforefaid, being often grounded, whereby in Cafe of Fire, the Liver and EJtates f His Majefly'r good Subjects are in great .Danger, as well as able-bodied and well difpofed Perfons d fcouraged and afrigbted from giving their .rlj7iflance, and ufing any Endeavours for the ExtinguiJhment t hueof 11.5e it tfrrefole cnacteb bp ljth Crceflencp tic Gobetltattr, Cotillat No Guno be kept inVefrelantittellt•Efetltt1tt0t in C5ettct'at court : iletutrleb, anti bp the lIIri~jOE$tp Powder t s et tije B antiute, That from and after the Publication of this A& no Gun -Powder lying at a 'hall be kept on Board any Ship or other Ve"%l, lying to Gun -Powder !gall r nbd found d at any Whiff.W harff within the P ort of Bo flon. And if any on Board fuch Ship or Veffl l lying a -ground as aforefaid, fuch Powder (hall be li- able to Confifcation, and under the fame Penalty as if it were found lying in any Houle or \Vare.•Houfe. That no Pow - Gun -Powder Q.ttb be it further ettacteb h p the otitis olitp aforef4tb, not to be der be carried thro' any Town upon Trucks, under the Penalty of' enn Shillings carried on per Barrel, for every Barrel of Powder fo conveyed, and fo proportionably for Trucks. trtaller Calk. 'To be kept S.Ub be ft further cnatteb bp the Ottt'i)olitp eaf02cfaib, That fuch inBrafs orTin Quantity of Gun -Powder as by Law is permitted andiallow Tunnels, n b kept o opt in n Tunnels. Shops for Retail, 'hall hereafter be kept in Brats or . r - wife, under the Penalty of forfeiting all fuch Gun -Powder h one r Mofhalletyethe eof to be to the Ufe of the Poor of the Town andere ! fue for the fame : And that and the other Moiety to them that the Fire -wards of the Town of' .Boflon, for the Time being, be and hereby are directed ftrielly to obferve and put this Law in Execution : Any Law, Ufage Qr Cullom to the contrary notwithftanding. y-lnn0 - Remi Reis 0 E 0 R G 1 I, Savo: 4. t ottertc . Ads and Laws, , Masi Pafled by the Great and General Court or Aff'emhlyof His Majefty's Province of theMaiachtfetts-Bay inNe-w-England,Begun and held Ott Boflon upon Wedncfday the twentyrfeventh of May, 1719. And continued by leveral Prorogations unto Wednelday the fourth Day of November' following, ;and then neer. 5 A, ca. 3. 2 G. ca. 1. ACTS rardilaarboorsinasalaulafradallet 1719. 203 CHAP. L An Ad for the fuppreffing of Lotteries. « HEREAS there have been lately fit tip within this Province certain preamble. mifchievous and unlawful Gaines, called _touches, whereby the Chil- dren and Servants of feveral Gentlemen, Merchants and Traders, and other unwary People, have been drawn into a vain and foolifb Expence of Money ; which tends to the utter Ruin and Impoverifl»hent of many Families, and is to the Reproach of this Government, and again!) the common Good, Trade, Welfare and Peace of the Province b For Remedy whereof 1Be ft enactcb, abjubgeb anb °ecUivcb, anb it i bcr by enacteb, ab: jubgeb attb bcciareb, by jib e 'celttncp the etaiternattr, council atttn lett: Lotteries a piefetttati13t to Central atm t offerable°, anbby tljc . utbo�itp at the Lune':_ a a'ec�- Na" fame, That all filch Lotteries, and all other Lotteries, are common and publick Nufances. Qlub it io furtlj'er cuatte° by the 2tttho7itp afozetctib, That from and after thc Publication of this Aft, no Perfon or Perfons whatfoever, "hall pub- lickly or privately exercife, keep open, !how or expofe to be play'd at, dt awn at, or thrown at, or fhall draw, play, or throw at, any fuch Lotter y, of any other Lottery, either by Dice, Lotts, Cards, Balls, or any other Numbers or Figures, or any other Way whatfoever : And every Perfon or Perfons ;hat !hall after the Publication of this Acyl, as aforefaid, exercife, expofe, open or Blow to be t played, thrown or drawn at any fuch Lottcry,Play orDevice, or other Lottery, t fhall forfeit .for every fuchOflence the Sum of two Hundred Pounds, to be re- t covered by Information, Bill,Plaint or Action at Law, in any of His Majefly's Courts of Record within this Province, wherein no Eiloin, ProteEtion, or Wager of Law than be allowed : one Half thereof to be to thc King's Majefty, to be applied towards the Support of this Government, and the other Half to him or them that fhall inform and fue for the fame. ci.ttb. tit it fnn'iter cnac cb, That everyPcrfon orPcrfons that after thePubli- cation of this Acct, as aforefaid, .shall play, throw, or draw at any fuch Lottery, Play or Device, or other Lotteries, !hall forfeit for every fuch Offence, the Sum of ten Pounds, to be recovered by Information, Bill, Plaint or Action at Law, in any of His Majefty's Courts of Record within this Province, wherein no Effoign, Protc&ion or Wager of Law !hall be allowed ; one half Part thereof to be to the King's Majeffy, to be applied towards the Support of this Government, and the other Half to him or them that ihall inform and fue for the fame. 2nb tit ?t furter cnattcb fop the £ittttic!itp aiogcfaib, That for the more effeEtual fupprcfling and preventing fuch unlawful Lotteries, the Juflices of the Peace, Shciifls,Undcr-Sheriffs, Sheriffs Deputies and Conflables, within their refpc&ive jurifdicclions, be irnpowred and required to ufe their unnoftEn- cieavours to prevent thc drawing of any fuch unlawful Lottery heretofore, or hereafter to be fa up, by all lawful Means whatsoever, 1. zoo Forfei- ure for Set- ing up Lot - cries. 6 G. z. ca. 4. 26G. z. ca. z. 1. roForfeiture for drawing at Lotteries. Ofrirs to prevencet Lot- teries, 4f'zww,rMry3',..v.. ,• e • - • u e , • . C H A P. !IN • I7I9. 204 Anno Regni Regis GEORGI I, Sext©. LanDO liable to pap a ebtW CHAP. II. AnA& in furtherAddition to and Supplement of an A& In-. tituled, fln A57 for snaking Lands and Zenetnents liable to the Payment of Debts, made and paffed in the eighthYear of King William. Gt it mita bp MO twcc leticp the 6obanattc, Council anti ite= prefeiitatitie0 to d6cncrat armlet atetnbleu, nob bp the tutjoZ.itg of the fame, That when any Perfon or Perfons !Ball recover Judg- ment in any of His Majcfly's Courts within this Province for anySum or Sums of Money, or any other Specie, or for Colts of Suit, and the Perfon or Perfons againfl whom Judgment shall be recovered, is either unwilling or unable to fatisfy fuch Judgment by Money or other Specie, and the Creditor orCreditors finding no other Friona' Eflate to his or their Acceptance to extendExecutiori upon for Satisfaction thereof, and doth therefore think fit to levy upon the Real Eflate of fuch Debtor or Debtors for the End aforefaid, rather than on the Perfon oftheDebtor ; that then and in every fuchCafe, the Sheriff,Under-Sheriff or Deputy, shall caufe three indifferent difcreet Men, being Freeholders in the County, one to be chofen by the Creditor or Creditors, one by the Debtor or Debtors, if he or they fee Caufe, and the third by the Sheriff or ocher Officer that shall ferve the fame, to be fworn before one or more of His Majefly's Juflices in Paid County, faithfully and impartially to apprize fuch Real Eflate, as !hall be (hewn to them, who !hall apprize the lame to fatisfy the Execution, with all Fees, and let out filch Eftate by Meets and Bounds; and the Sheriff or Real Etiates of Debtors liable to Ex- of Redemp- Execution to be extended on Rents. �. . .Arno Regnr Regis GEORGII, Sexto. 33ubg of probate. 1719. t . 205 to all Intents and Purpofes : And whoever is in the Poffeflion of any RealEflate by Means thereof, it fhall be ia good Eflate in Fee to him or them, their Hcits ing. Provided alfb, Thar nothing in thistiel contained, fhall extend to theLands Nola°. owned by the Indian Natives of this Province. 14 An Ad for the Regulation of the Dedees and other Proceedings of the leveral Judges of Probate in the re-- 9 G. ca. fpeetive Counties of this Province, and of Appeals there - prefentatito ia. 6-enerat Court Amara), anti bp the 2100: tp the fame, That after the Deceafe of any Perfon Inteflate, Let- ters of Adminifiration be taken out within thirty Days or fowler, and an Inventory taken of all the Efiate of the Deceafed within threeMonths, or fooner., by three ,fuitable Perfons appointed, and put upon Oath, for their due Performance of that Service by the Judge, or one juflice in the faid County,,in Cafe theEflate be not in the Town where the Judge himfelf dwells, or within tenMiles there- of ; a Certificate of fuch A ppomtment and Oath taken by the Jullice, to be . returned to 'the Probate 'Office, with the faid Inventory. Executor or Adminifirator of any Elate fhall obtain Licence from the Superi- our Court to :make 'Sale of all or any Part of the flouting. and Lands of the Deceafed, for :the Payment of Debts,before Sale be made of any fuch Houfing and Lands, the'Executor or Adminifirator, fhall give thirty Days publickNotice by poRingupNotifications of fuch Sale in the Town where the Deceafed Perfon lafl dwelt, and in the !two next adjoining Towns, as alfo in the 'Shire Town of the faid County ; and whofoever will give moll fhall have thePreference in fuch Sale ; And in Cafe it be an infblvent Eflate, the whole Produce of fuch Sale to be divided in due Proportion to and among the Creditors. And whereas fome Doubt bath arifrn touching fuch Eflate Real and Pere. lanai as is not plainly devifid, given or bequeathed in any lafl andrefia- 1.5c it tefolbeb anb rnartcb, That from and after the End of this prefent Seflion ,of the General Afrembly, fuch Eflate whether Real or Perfbnal that is not plainly given away or difpofed of in and by the lafl Will and Teflament of any Perfon there -after ,to be proved, the fame acordingly fhall be difiributed in the fame Manner as if it.were an ,limeflate Eflate, and Executor orExecutors fhall adminifler on the fame as filch. anb be it further enatteb bp the 2.1104itp ,afolefaib, That when the Real Eflate of an lnteflare will conveniently accommodate more of theChildren than the eldeft Son, and being lb reprefented, and made to appear to the judg,e of, Probate, 'he have Power to fettle it on fo many of the Children (Prefe- rence being always had to the.Sons) as it will conveniently accommodate (with- outTrejudice to or fpoiling of the whole) in the Manner as it was to have been fettled upon the eldeft Son before thc making of' this A And whereas Provifion is already made for anAppeal tO the Governour and Council from theOrders,Decrees,Sentences orDenials. of the feveral judges for the Probate of Wills and granting Letters of Achninifiration, within the refpeetive Counties of this Province, but no Time Muffed for the bringing fuel) Appeals, which has been found inconvenient : Letters or Adminiara- tion, &c. of Effaces to be taken out. • tors & Exact - tors to give publick No- tice of the Sale of Lands &c. Hate not be. queatbed to be diffributed as Inteflate Divifion of Real Hate of Intellates. 14 o • 1719.Anno Regni Regis GE0RGII, Salto. 206 2utcgianee to Oeom, Et it tjcrefo.e cnactcb bp the atitljantp afolefaib, That no Appeal from Limitation of any Sentence, Order, Decree or Denial of any of the Judges for the Probate Appeals from Judges of °f `'VWills, and granting Lettersof Adminifiration, allowing Accounts, andiftri- Probate. bution of Eftates within this Province) fhall be admitted, unlefs it be claimed within fix Months after the making fuch Order, Sentence, Decree or Denial, and except Security be given by the Appellant within ten Days to profecute the ,Appeal with Effect and except Reafons of A ppeal be filed in the Reg ifter's 4at'.&M. ca. z. • Provifo. Office of the Court of Probate within ten Days after Security given, and four - tech Days at loft before the Hearing before the Governour and Council. And in Cafe the Party or Parties fo appealing fail in the Profccution of their faid tl ppeal to Eff'ec`t, in three Months Time from the claiming the fame ; then the adverfe Party to have the Benefit of the Sentence, Order or Decree fo ap- pealed from, by filing a Complaint to theGovernour andCouncil,in like Manner as is provided by Law for not profecuting an Appeal from the Judgment of an Inferiour Court, Provided always, That any Perfon beyond theSea,or out of New -England, who has no fufficient Attorney within this Province, at the Time of fuch Order, Sentence, Decree or Denial, shall have fix Months after his or her Return, or Conflitution of fuchAttorney ; unlefs fuch Perfon was of Age at his Departure out of the Province, to claim and profecute their Appeal, as aforefaid. Guardians for (.tib be it further cnacecb, That before any Decree, Order or Divifion be Perfons under made concerning Inteftate Eff.ates, where any Infants or Perfons under Age,or Age and Min Non Compos are intere(tecl, Guardians fhall be appointed for all fuch Perfons o picsa according to Law, who (hall be fully impowred to appeal from any filch Order, GGY.&D1. ca. 2. 7 A. ca. y. Decree, or Sentence,if they fee Caufe, to be profecuted, in Manner as aforefaid: £.ttb be ft Nutlet: eutufieb, That the Judges of the Probate of Wills, and for judges of granting Letters of Adminiftration of InteftateE{fates in the refpeelive Counties Probate to of the Province, fhall have and hold certain fixed Days for the making and hold certain �ublifhi + n their Orders andDecrees; and fuchDays to be determined and known axed Days, by publick Notifications or Advertifements in the feveral Counties : Any Law, Ufage or Cullom to the contrary notwithfianding. CHAP. iv. An A& in Addition to an Ad Intituled .fin Ab requiring the taking the Oaths appointed to be taken anflead of the Oaths of (Allegiance and Supremacy, made in the fourth Year of the Reign of the late King William and Queen Mary, of, bleffed Memory. HEREAS by an .AGS of Parliament made and palled in the frfl rear of His prefent Majefly's Reign, Intitled, An AEl for the further Security of His Majefly's Perfon and Government, and the Succefliion of the Crown in the Heirs of the late Princefs Sophia, being Proteftants, and for extinguifhing the Hopes of the pretended Prince of Wales, and his open and fecret Abettors, 411 Officers and Perfons therein mentioned or defcribed are injoined and obliged to take the Oaths appointed to be taken it Jlead of the Oaths of Allegiance and Supremacy, in thefe Fords, viz. A. B. do fincerely Promife and Swear, That I will be faithful and bear true "" Allegiance to His Majefty King GEORGE. So help me GOD. I.A. B. do Swear, That I do from my Heart, abhor deteft and abjure as " impious and heretical, that damnable DoE&rine and Potation, That Princes " excommunicated or deprived by the Pope, or any Authority of the See of. " Rome, may be depofed or murthered by theirSubjeEis or any other whatfoever. " And I do Declare, That no foreign Prince, Perfon, Prelate, State or Poren- " tate, hath or ought to have any JurifdiElion, Power, Superiority,Prehcmi- " hence or Authority, Ecclefiafiical or Spiritual within this Realm. So help ane GOD. And ca. 16, Preamble. ie6CsW , - - --- - 164.41, *a. t. Aitho ReLyli Regis GEOR GI I, Sexto, Z.ttegance to be )4ogt, And al fo to take and fubfcribe the following Oath, viz. "A.B. do truly and fincerely acknowlege, profefs, teftify and declare in my to Confcience before GOD and theWorld, That Our Soverei nLordKin g g " GEORGE is lawful and rightful King of this Realm, and all other his 4 Majefly's Dominions and Countries thereunto belonging. And I do fo- " lemnly and fincerely Declare,That I do believe in my Confcience that the " Perfoi>; pretended to be Prince of Vales, during the Life of the late King James, and fince his Deceafe, pretending to be, and taking upon himfelf the Stile and Title of King of England, by the Name of james the third, or of Scotland,by the Name of 7ames the eighth, or the Stile and Title ofKing of " Great .Britain, hath not any Right orTitle whatfoever to the Crown of this '° Realm, or any other the Dominions thereto belonging. And I do renounce, refufe and abjure any Allegiance or Obedience to him. And I do Swear, That I will bear Faith and trueAllcgiance to His Majefiy King GEORGE, and Him will defend to the utmoft of my Power againft all traiterous Con- "" (piracies and Attempts whatfoever, which (hall be made againft his Perfon, "" Crown or Dignity. And I will do my uttnoft Endeavour to difclofe and "" make known to His Majefly and His Succefiors, all Treafons and traiterous Confpiracies which 1 (hall knew to bc, againft Him, or any of them; And 1 do faithfully Promife to the utmoil of my Power to fupport, maintain and defend the Succeffion of the Crown againft hila the faid James, and all other Perfons whatfoever ; which Succeflion by an A&, Intitled, An Acs for the "" further Limitation of the Crown and better fecuring theRights andLiberties "" of the Subject, is and (lands limited to the Princefs Sophia, Eleelorefs "" and Vticthels Dowager of Hanover, and the Heirs of her .Body, being "c Prote/lants, And all thele Things I do plainly and fincerely acknowledge and Swear according to thele exprefs Words by me fpoken, and according eco the plain and common Senfe and Underflanding of the faire Words without any Equivocation, mental Evafion, or fecret Refervation whatfoever. And I do make this Recognition; Acknowlegement, Abjuration, Renunciation and Promife, heartily, willingly and truly, upon the true Faith of a Chriftian. So help me GOD. CC CC CC I" C" CC CC CC CC CC CC CC "C 1719. 207. •,�>7�rr,C:: rtF^stab • Now to the Intent that ail Perfons whoa foever fu/laining or holding any Preamble. OJice within HisMajefly'sGoverntnent of this Province, by Virtue of anyCorn- mifon from His Excellency the Governour, or by Authority derived from him, take and fubfcribe the aforefaid Oaths ; and alfo to difcourage and prevent all Perfons drfaffefed to His Majefly's rightful and happy Government, and the Proteflant Succe1on as by Law cflablified fronicoming into, or refiding with- in this Province : 1150 it main by bidCrtcltcito the ©O{,crnbtle, toasted anti iaiemrcfelt- Officers obli- tatihhe£i, in.(ttttcrat court afifcmbleb, nab b� the a(.titjmlitp of he. fame)god tor take That as well the Members of His Majefly's Council, the Reprefentativesin the the Oaths to General Allembly, as all and every Perfon and Perfons that have, bear, or Rif- His Majefty. tain any Office or Offices within this Province, by Virtue of any Commiflion from his Excellency the Governour, or by Authority derived from him, (hall before they enter upon, and a& in their refpe&ive Offices, before his Excellen. cy the Governour, Lieutenant Governour, two or more of the Council, or fuch other's as fhall be thereto appointed by the Governour, take and fubfcribe the feveral Oaths herein before -mentioned : And in Cafe fuch Officer or Officers neglef or refute to take the Paid Oaths, or fubfcribe thereto, they fhall be ip/o facto adjudged uncapable and difabled in Law to haVe, occupy or enjoy the Paid Office or Offices, Employment or Employments, or any Part of them, or any Profit: or Advantage thereby ; and every fuch Office, Place or Employment than be adjudged utterly void. Ittb be it flirt jcr eliattcb tip tf c Sltltioiitp afalefaib, That all and every Othersoblig'd other Perfon or Perfons whatfoever now inhabiting or refiding within this Pro thereto when vince, or which Dianat any Time hereafter retade or dwell within the fame, required. D d 'halal :f, It fy 1719. Anno Regni Regis GEORGII., Scxto. 203 allegiance to be oo2n. than when thereunto required by two of' his Majefly's Juflices of the Peace Q,uarunr Unus, take and h'tbfcribe the Oaths aforefaid. 2na be it further ctla.tteb by tlje 2tttjoiitp afolefatti, That it !hall Juflices im- and may be lawful to and for any two Juflices of the Peace (Quorum Unus) powered to in their refpe&ive Counties, to give and adminifler the Oaths aforefaid from h.tler the OatsTime to Time to any Perfon or Perfons, and upon due Tender of any fuch Oaths. Perfon or Perfons to take the faid Oaths, the faid two Juflices are hereby re- quired and enjoined to adminifler the fame, and a Litt of the Names of all Per- fons fo Sworn, to be returned into the Secretary's Office, 21uir be it further chattel), That it (hall and may be lawful to and for two or more Juflices of the Peace (Q,icorum Uiius) to tender the Oaths herein be- fore appointed to be taken to any Perfon or .Perfons whomfoever, whom they (hall or may fufpe& to be difaffeeted to His Majefly, or his Government. And if any Perfon or Perfons to whom the faid Oaths shall be fo tendered, (hall negle& or refute to take the fame, the faid Juflices (hall commit the faid Perfon or Perfons fo refuting to the common Goal, there to remain without Bail or Mainprize, for the fpace of three Months ; unlefs fuch Offender fhall pay down to the faid Juflices fo tendering the faid Oaths, fuch Sum of Money,not exceed- ingforty Shillings, as the faid Juflices (hall require fuch Offender to pay for his faid Refufal ; which Money (hall be to his Majefly for the Support of the Go- vernment of this Province : And unlefs titch Refuter become bound with two fufliicient Sureties for the good Behaviour, and alto to appear at the next General uarter Seflions of the Peace to be held for the fame County where he doth inhabit or refide. At which Court the faid Oaths fhall be again tendered to him by the Juflices of the tid Court in open Seflions, and if he then refutes to take the faid Oaths; the faid Juflices fhall commit the faid Perfon or Perfons fo refuting to the commonGoal,thetc to remain for the fpace offixMonths; unlefs every fuch Offender (hall pay down to the (aid Juflices filch Sum of Money, not exceeding ten Pounds, nor under five Pounds, as the faid Juflices !hall require, to be paid for his fecond Refufal ; the faid Money to be difpofed in Manner as aforefaid ; and unlefs every filch Offender (hall likewife become bound with two fu(Iicient Sureties, with Condition to be of the good Behaviour, until he take the faid Oaths : And all fuch Perfons fo refuting are hereby rendered uncapable of giving any Vote for Reprefentatives or jurors, or in the Choice of any Town Officers. .And 'whereas the People called Qyakers fcruple the taking any Oath: fie it enaeteb lap the autijoxitp afoiefaiti, That every fuch Pcrfon over and above the Declaration of Fidelity already enjoined them by the Law of this .Province, (hall for the future, if thereunto required, make and fubfc:ibc the Efl^e& of the Abjuration Oath, in the following Woids, Viz.. Quakers De- A. B. do truly and fincerely acknowledge, profefs, teflify and declare I in the Prefence of Almighty GOD,the\Virnefs of the Truth of what 1 fay, that King GEORGE is lawful and rightful King of the Realm of Great Britain, and of all other His Dominions and Countries thereunto be- longing. And I do folemnly and fincerely declare, That I do believe the Perfon pretended to be the Prince of JVales,during the Life of the late King ames, and (ince his Deceafe, pretending to be and taking upon himfelf the Stile and Title of King of England, by the Name of James the third, or of Scotland by the Name of James the eighth, or the Stile and Title of King of Great Britain, hath not any_Right or Title whatfoever to the Crown of the Realm of Great Britain nor any other the Dominions thereunto belong- ing. And 1 do renounce and refute any Allegiance and Obedience to him. And I do folemnly promife, That I will be true and faithful and bear true Allegiance to King G E 01? G E, and to him will be faithful againft all traiterous Confliiracies and Attempts whatfoever, which (hall be made againfl his Perfon, Crown or Dignity. And I will do my bell Endeavour to dila clofe and make known to King G E O R GE and his Succeflors all Trea- fons and traiterous Confpirtcies which I [hall know,to be made again!! him ` or 40,. or Im- piifonment tor the firft Refufal. z b 1. or Im- prifonment &c. for Re- fufal before the Sessions. claration in- ftead of the Abjuration Oath. cc << 41 is cc cc cc iC 44 I�l 1111 1..1nLL 14 111,mi ldIJM1AI,..1,�.,j'.Lpy'I°64Sr.d0 ellill i6�'L6nllbu lndtatiu.JllmrnuY nl^.MIDIIIMIIiWJunlu Lll'14II.�JYeGY6w6 """."""' ' +'= -t llilo Rep; E 0 it 0 1 I; Sexfo, JTeers, &c. c4 or any of them, And I will be true and faithful to rhe Succeffon of the cc Crown again(l him the faid fags[; s. and all other Perfons whatfoever, as the fame is and !lands fettled by an A& Intitled, An Ac7 declaring the Rights and Liberties of the Subjec`i,and fett1ln . the Suceeffron of the Crown to the <( late Owen ANNE, and the Heirs of her Body being Protcfiants, A nd tis the fame by oiie other Ail Intitled, An via for the further LiinitatJon of the Crown and better fecuring the Rights and Liberties of the Subject!, ject!, is and (lands fettled and Intailed after the V) fe of the faid late Queen, and 4r forDefault.of Iffue of the faid late 0ueen, to tie late,Princefs Sophia, Elect/a- " refs and Vutches Dowager of Hanover, and the Heirs of her Body being Proteflants. And all there Things I do plainly and fincerely acknowlege, << promife and declare according to there exprefs Words ,by me fpoken, and << according to the plain and common Senfe and Underflanding of the fame " Words, without any Equivocation,, [mental Evafion, or fecret Refervation whatfoever. And I do make this Recognition, Acknowlegement, Renuri- " elation and Promife heartily, wi"lli(iglyand truly. 7 209 CHAP. V. An Act requiring the feveral Towns within this Province a6$ M' to be .provided with Stocks. WHE.RE.AS the Breach of fundry penal Laws of thisProvince is pun Jh- able by putting in the Stocks, where the Ofenders. are unable to pay the P7a." refpec7ive Fines byLaw fet ; and many of the Towns in the Province are not provided with Stocks, for want of which oft -times Perf ns go unpunifhed : For Prevention whereof : re it mutt') ftp bio Oxe[fenep the d$ beraour•, Council '.nth Awe: All Towns to felttatibro in encral Court aifemlt[cb, flab bp tije £iutljo;itp of the fame, be provided That from henceforth every Town within this Province, be fupplied with wits' Stocks. Stocks. And that if any Town !hall negle& the Obfervation of this AEE,every 1.5. Penalty, fuch defeElive,Town [hall forfeit and pay the Sum of five Pound'. for every Conviction of filch Neglea, ul-on Complaint made unto his Majefly's Juflices at their General Seflions of the Peace ; the one Half of faid Fnies or Forfei- tures to be to his Majefly, to be applied to and for the Support of this Govern- ment, and the other Half to him or them that than inform and profecute the fame. CHAP'. VL An AEt for enlargingtthe Fees of Grand Jurors,and for fixing 7 IF. ca: 4, an Allowance to the Superiour Court of Judicature for hearing Petitions, and granting Power for the Sale of Land. H F. R E 4 the Elated Allowance by Law for Grand -Jurors of two Preamble; Shillings per Dien:, during their Attendance at Court, is thought too little, confidering the great Price of Provifons, and other NecefJaries Zoe it motto bp bio .€rce[lcncp tjc abernouri Council nub laeprefett= tatibe,c in Tenant Court affenlhlcb, anti by t je flit jotitp of the fame; i. per Diem That the Allowance of a Grand- Juror during his Attendance on the Court, and for Grand .alto for his necefl'ary travel to and from the fame for the future, be three Still- Jurors. lings per Diem. And whereas a great Part of the Buftnefs of the Superiour Court is often taken up in hearing. and granting Petitions for the Sale of Land, and no Fee yet flated by Law for the fame : 9irc it therefore furtljcr enact -0 lap tree otitijoritp afo?.t[aib, Thar the Fee Judges Al. or Allowance to the Judges of the faid Court on fuch Petitions be twoShillings Iowance for a -piece to each Judge, preffent at the Hearing of fuch Petition, and no more. l e;Z:iens, Ca AN 11,11,140' ir'ali; ICrr R y:. i��tY'RY9i11�111111 J1J1,1161, 1J1 Ii, '.LIII.,I, 1 I 1.I, 1,111 1720, .Anno Regnl Regis G- EOR GI I, Sexto. 210 Prearnble. Aft for the due Alize of Bread. Aflize of Bread to be afcertained. Sons of Bread to be allowed. 2tf'3e of 213reab • An A& Paffed by the Great 'and General Court or Affembly of His Ma - jetty's Province of the 1Vlaffacha fetts-Bay in New -England, Begun and held at Boflon, upon Wcdnefday rhe thirteenth Day of July, 1720. CHAP, VII. An AtEEt to Regulate the Price and Adze of Bread. HE REAS the .I4S made and pafed in the c ghth Tear of ging William the Third, Intitled, An A& for the due Afiize of Bread, is found not efecclual for the good Ends and Purpofes therein deigned, and little or no Obfervance has been made thereof; but covetous and evil difpo fed Perfons have for their ownGain, deceived and opprej(jed his .111a- je/ly s $ubjecls, more efpecially the poorer Sort : For Remedy whereof : .115e it cttactcb by bio crcctiencp tie Oobernattr, Council nab 3.toore- fetttativca ice c5enrrat Court. 2tletnbteO, an by tie .tutf oOte of On fame, That the fail A& Intituled, Ad for the due ,Afze of Bread, (hall be and is hereby repealed, annulled and made void : and that after the tenth Day of September next, the SeleEt-Men of each Town within this Province, where Bread is baked for Sale, (hall once every Month, and ofrner if they fee Caufe, fee, afcertain and appoint within their feveral Towns, the Aflize and Weight of all Sorts of Bread to be fold, or expofed to Sale by any Baker, or other Perfon whatfoever; having Refpeet to the Price the Grain, Meal or Flower whereof fuch Bread (hall be made, [hall bear in or about the Town or Place where fuch Aflize (hall be fet, and malting reafonable Allowance to the Bakers for their Charges, Pains and Livelihood ; and i ;all make known their faid Regula- tion of the Aflize of Bread in force open and publick !'lace or Places in their refpeCtive Towns. And that the Paid ,Afze may be the more eaftly afcertained : 15c it mum ftp tic .SCtttf,oiitp afo;rfafD, That from and after the Paid tenth Day of September, no Perfon or Perfons whatfoever (hall wakefor Sale, or fell, or expofe to Sale any Sort or Sorts of Bread, but filch as are herein after mentioned : That is to fay, White, Wheaten and Houfhold, and fuch other Sort or Sorts as 'hall be publickly licenced and allowed by the faidSele&- Men, in the feveral and refpe&ive Towns; all which feveral Sorts of Bread (hall be trade in their feveral and refpe6Iive Degrees,according to the Goodnefs of the Grain whereof the fame are or ought to be made ; and the Aflize and Weight of the faid White, Wheaten andHoufhold Bread fhall be fet and afcar•- tained, according to the Table hereafter mentioned, Viz. A Table of the Aflize of Bread in Pounds, Ounces and Drams. in the fira. and Taft Columns is the Price of the Bufhel of Wheat, from 4/ to 15 f. The Allowance to the Baker for Baking to be made by the Selec`k-men being included : So that for Example, If the Price of Wheat be 5./. the Bufhel, and the Select -men allow r f 6 d. per Bufhel, for Baking, the Price in the Ta- ble will be 6 f 6 r1, and even with or againft thole Numbers in the tirfl; and lair Columns will be foundthe Weight of the feveral Loaves fluerdup9is. Note, That the !!'bite Loaves are one Half, and he II/beaten three 90 -artery of theTVei; ht of HcuJhald Loaves. %The 11 6111,101 i 111 I. 111 111 1 g 111.11 o .1111 11 .1 III.1. e1 -11M l .114.111:J1LIL1 1Li2,1111:1 4thil'I11.„WSd11111111 I I11�1111' P,S 11'111:, "1"14°11". i4 "4"..444' 1N11111 • �� et.'Yu:�.^a'CsaYwYStrt: `SY•::Y: g Regnr Regts G E O R G I 1, Sexto. Zitri3e of reaa Weight of the Pinny Loaf. a ;; W bile When- l-louj- c ten, � c S.ei .Fr; hold . C ii G , ., n B n Weight of the Weight of the o Penny Loaf. fix Penny Loaf. t O t C t 0 L) �' u n n I) vr) N V (D N 4 011 917 623 323 4 6.10 51.5 7210 1020 1( 5 °;9 413 1418 g18 5 6 8 712 1016 1416 r 6o 7 lOII 9'15 715 6 6 7 2I0 I1114 414 7 0 6 1 c 9 15 ,13 4 13 7 6 6 2 g 412 6.12 8 ° 5 Iy 8 IMI 911 8 6 5 7 8 31p 14 10 9 0 5 2 7 12 to 5 p 1o6 14 12 70 4 1c 6 15 9 4 9 Io 6 4. 7 6 io: 8 13. 8 I.I c 4 : 6 5;8 7 8 '1164 6 1E8 118 :I2 0 3 14. 5 13.7 !2 7 12 6 3 r1 5 9: 7 7 7 1 0 3 d 6 7 2 7 1363 ;.5 26 146 kI+ ° 3 4 15. 6 10, 6 114. 6 3 4 13.6 6: 6 15 0 3 1 4 to 6 3' 6 ;o , z7 7 2.3 < 21 4,19 18 C 17 I; 16 `•r5 12 14 13 1 13 1 7 12 1'12 12.11 (y5 7 rI r4, 2.10 I1 I4. 14.10 c r Ic, 9 1;.13 9 c i2 9 Apindietod thc h : Intcnt that the good 73fgn of this via may be efcolually conn - 15e it fltctflcr rnatteb, That every common Baker, and any Perfon that P,read to be (hall bake or make for Sale, or expofe to Sale any Sort Loaf Bread or Bilker, marked. that fl;all be fold by Talc, [hall from and afterthe raid tenth Day of September fairly mark, or imprint, or caufe to be marked or.imprinted fuch diflin( Mark, 1s fhall be appointed or allowed by the Sclea'Men, fo that their Bread may be known and diflinguifhed; -MO be it furtjjcr enarte, bp the 5urljoiitp afo7.cfaftr, That if anyBaker Penalty for or Bakers, or other Perfon or Perfons baking ormakingBread for Saleor ex Preach of poGtng Bread t4 Sale, [hall not obferve the Mize to be afcertained byVirtue rhr- Act. ct of this A, or (hall bake or make for Sale, or fell or expofe to Sale aBreadd Wanting the due Weight-, or that (hall not be marked according to the Direction of this A(, or"'hall breakfirchRegulations andOrders,as [hall fromTime toTime be made byVirtue of thisA&; he or they fo doing,and being thereof convicted by Confef ion of theParty,or bytheOath of two or more credibleWitneffes before one or more ofhisMajcfly sJuflices of thePeace for the County where the fai~dOffence is committcd,or the Party offending apprehended, fhall for every fuch OIf'ence forfeit the Sum of twenty Shillings, to be lcvyed by Way of Diffrefs upon rhe Goods and Chattels of every fuch Offender, by Warrant from the faid Juflice or Juffrces ; the Paid Forfeitures to be the one Half towards thc Support of the Poor of the Town where fuch Offence f] -tall be committed, rind die other Ha.Jf to the Informer. And. if. any B.aker.or .Seller of Bread 11aa�;.L ;u.t.Int.o au Bread by him fold or expofed to Sale, any Mixture of any other 1(;rain thin; what (hall be appointed by thc Aflize fettled in the Place w, here fuch Breadl than 1246 14 i r. 13 37 433 6 28 14-26 9:4 !:7.3 (.2r 7 zo 10 19 14 18 tc16 1 16 • 1720. 2II O :Y 1ATeii ht of the. 7. r t wselvcPennyLoaf.' vv neaten Houfhold Wheaten 11 uuilwlc O c n 0 5 6 8 11 14 8 I 5 12 5 3 4 4 5 43 s .110-1 3 ' 3 103 2333 33 144 1 521.; 2 1:44 ?3 1 5 11 7 lo;' 4 10 r. -0n 0. N V, 4 8 rr 7 1[ 6 15 9 13 c e n n cn N 410 6 5 2 9 7 81512I1,81I 5 5 9 8 9( 4 15 V 7 7 2 6 r5 8. 6 8 9,17 6 1 4 6.15 7 3' 4 6 !3: 13 14 0. 11 12 10 4 5 6 Lir 9 6, Go 5 10 I r 21 6 6 3 9 14 14 7 6 4' 9 4 5' 7 6 4' 8 11 r 8 0 6 5 2 8 2 4' 8 6 5 12 11l 7 1, 99 0 8 2 11 14' 3 10 SA 5 7 13 7 5 16 , 2 9 1.1 3 7 re! 5 3 7' 6 159 4:10 Ic 2 7 4 7° 6 �6 14 2 5 1512 33 24 915:s 4 1151 131.6 .59 15211ro, 0 2 2 4 4 9 6rn 7 2 2 12!41 23 14. 5.f' 4 58 8 5 1I 1I21[2 06) ' 2 I 6% 2 12 b 4. 2 12 5 9 112 6 4 2 I 2 10 Ie 4. 3 5 5 9;13 0 12 [ 14 lot 2 9 3. 3 13 13 5 2 6'13 6 4 1 13 13' 2 7 1 2: 3 11 Q 4 15 7:14 0 12 I I2 12 2 6 6' 3 9 8 4. 12 11114. 6 I II 13 2 5 n 3 7 10 4 ro 2.rs 0 `11111' cam,.:,, -' 111 II d { rrArt 172b."° 212 Provi(d. Provifo for Appeal.. Penalty for j uttices neg• lea of Duty. Officers to try & weigh Bread. Regni Regis GEOR GI 1, ._. Sex b0 203C of 2&3rea fhall be fo fold or expofed to Sale ; every Perfon fo offending fhall for every fuchOflence forfeit theSum of twenty Shillings, to be recovered in theManner and 1 ore herein before mentioned, and to be5 for the U fes afore -mentioned. Provided always, That no Perfon fhall be convicted in Manner aforefaid for any of the afore -mentioned Offences,unlefs the Profecution in order to fuch Conviction be commenced within five Days next after the Offence committed. prObitwb alto, Attu be it further cttaltb, Tnat if any Perfon fo con - vide(' !hall think him or her felf aggrieved, he or the Petchey e for the all d y make Vhc •efuch her Appeal to thenext Q arter Sefiions oftCounty Conviction (hall be made ; at whichSeflions the fame fhall be heard and finally determined. And if he Paid Perfon fo appealing fhall notmakegood fuch his or her Appeal, or profee� I72o, .4rmo Reini Regis G O R G I . ; Septimo. 214 'NM, &c. flub he it fLIrtrjet' Cnacteb by tree, 2utJjo*p afo1cfaib, That theForul of the Oath to be adminiflrcd to any Perfon chofen Colle&or (hall be as follows : W Hereas you A. B. are chofen Collet/or within the Tozuit of C. orPrecind, Form of the Oath, Vi/lriel or Pari/h within the Town of C. for one Year now following, and until other be chofen and f worn in your Place ; you do Swear, That you will faithfully, and with what Speed you can, collet' and levy all fuck Rates or Y,Affef meats and Sums of Money, committed to you to collect, and for which you 'hall have Jiilficient Warrant, rendring .Account thereof, and paying in the fame acccording to the V ireelion in your Warrant. So help you GOD. Preamble. Children of poor People to be put to Work, or bound out. 4W.&111. ca, 13. Idle Perfons to be fet to Work. t t [Y, ca. 6. Idle Perfons to be fent to the Houfe of Correaion, CHAP. IL An Ad for Explanation of, and Supplement to an At referring to the Poor, '� c. HEREAS the Law for binding out poor Children Aprentices is nt f co Ted by tome, to extend only to fuck Children whofe Parents re- ceive Alms : For Explanation whereof : 1.5e ft becrareti aub enacteb by WI Crcellencp the C3obernotiv, Council attb 3f epvefcntariber fit cf.5riteral Court n[Tcntbleti, anti by tljeLutijo*p of the franc, That the Select -Men or Ovcrfeers'of the Poor, in any Town or Diflrid within this Province, or the greater Part of them, [hall take Order, and are hereby impowred from Time to Time, by and with the Afl'ent of twoJufli- ces of the Peace, to let to Work, or bind out Apprentice as they (hall think convenient, all fuchChildren whofe Parents (hall by theSeled-then, or the Over- feers of the Poor, or the greaser Part of them, be thought unable to maintain them (whether they receive Alms, or arc chargeable to rhe Place or not) fo as that they be not celled to publick 'faxes or Affeisments, for the Province or Town Charges ; Male Children till they come to theAge of twenty-one Years, and Females till they come to the Age of cightcenYears, orTime of Marriage which fhall be as good and effectual in Law to all Intents and Purpofes, as if any Inch Child were of full Age, and by Indenture or Covenant had bound him or her felt, or that their Parents were confenting thereto, Provifion therein to be made for the inflruEiing of Children fo bound out, to wit, Males to read and write ; Females to read, as they refcc`tively may be capable : And the Seidl- Men or Overfeers of the Poor, (hall inquire into the Ufage of Children, bound out by thcmfclves or their Predeceflors, and endeavour to defend thein from any Wrongs or Injuries. And for the better preventing of Idlcnefs and !cote and di/orderly living: 15c ft fitrtbcr tcrlat'cb anti enatteb, by the 2titij'ozftp afogcfaib, That the Selea-Men or Overfeers of the Poor, or the greater Parc of them, be, and are further impowred by and with the Allen' of two Juflices of the Peace, to fet to work all finch Perfons, married or unmarried, able of Body, having no Means to maintain them, that live idly, and ufe or exercife no ordinary and daily lawful Trade or Bufncfs to get their living by. And no Tingle Perfon of either Sex, under the Age of twenty one Years, thall be fuflercd to live at their own Hand, but under Tome orderly Family -Government; nor (Ball any Woman of ill Fame married or unmarried, be fuflered to receive or entertain Lodger in her Houfe. And the Select -Men or Overfeers of the Poor, Conftables and Tytbing-Men are hereby ordered to fee the due obfervancc of this An. ; and to complain and inform againft any Tranfgref ions thereof, to one or more Jufli- ces of the Peace, or the Court of General Seflions of the Peace, who are here- by refpeCtively required and irnpowered, upon due Conviction of the Offender or Offenders, for living idly or diforderly, contrary to the true Intens of this A&, to commit or fend titch Oliendcrs to the Houfe of Corrc(ion or WTork- Heu re, 14111 engryiO�lb lljillNil.Fal�in�niln 11ft .Anna Rem,rr R `7 rs G EOR GI 1, Sep ' .�ctlfl]n taliot es Houfe, there to remain and be kept to Labour, until the ► be order *of filch Jufticc br Juflices, of the Court Of General Sef ion's of the Ped by e; unlefs titch Perfon or Perfons fo complained of, (hall give reafonableCaution Peace; Atfurance to the SariSfaetion of the Jnftice or Court that they Will rrm.oc Proticled; This Ali• Mall 1161 be eolith -tied to extend to hinder anytingle man of good Repute, from the exercife of any lawful Tracie or Employmentc a Livelihood : Any Law, UfaTc or C,icllo Contrary � �V0' Provifo, for And any two Juflices comm ttirig any Perfon or Pcrfonsas `nor e faid,a rc he by impowred, as they (hall find C'aule>, to difcharge them again. refzrd, arc herc- CIIAl P. I1I, An Ad for altering the Form Of the Certifica of Wolves, made out of an to of Payment Town Stock, HEREAS by a Law made in the feventh Year of the Rein o William the third, Provifion is made for the reimbur rn `� f King 2. of Money as were paid out ofany.i � fuel) Sums L. . �` �. ` Ca. W. town Stock for Wolves killed in and near 7 ca, 5. fuch Town by di(counting the fanie with the Cel flab/e o f uch Town,o publick Afeime-nt committed to him to collet/ : But in a much as it it of the by Experience, that the Sums paid out of the Stocks of ome,Towns is the Sums fel upon fuch Towns, as theirProportionf , do exceed no Method preferibed byLaZ{, for drawing theSur !� the publick Tax, and g p f g out of the Treafury 13e it tfjer,•efo2e crtactcb by lbil c xrelietice tin c3obtritour• 3LZe�irefettratiiieo in c5eneL•nl Cart ati>?rttbleb, nub bptea Council aril Province tlje (time, That the Province Treafurer be and herebyis ir tied a #d o�ltp of Treafurer to of for the future, to pay unto the Treafurer of each Towref e&ivel and ordered pay the whole or Sums as (hall by fuch Town be advanced (agreably to Law)for w fuch Sum ?UrnWO; ed in or near fuch Towns ; and chat dl Certificate of fuoh aments es kill.otves; turned to the Treafurer, thall be in .the Form following : That is to f y,be re. fay, ma)/ Certify, That there hath been paid unto fundi Per ons of the Town Stock of for ° Whelps, killed in and near untogrown Wolves, andy Wolves Form o' n' the our Town, and within this province, fince abler laft pail, and the Heads thereof brought unto our ✓t , and the Lars cut of in the Pretence f tome of our felves, as the Law directs, and fo certified unto us S , in the whole the Pounds, which Sum we defrre you to allow to our Town, b paying the of thee fame unto our Town T're©furer. Dated in a ore aid thep a Anno Domini, 17 f f Day of Sele�-Meet, on-area%user CHAP. IV. An Ad in Explanation of, and in Addition r In the thirteenth Year ©f KingWilliam,° an Mt mads Intituled, An -� for Review in Civil Cao fes. HEREAS in and by thePaid AS, it is provided, That it l be " in the Liberty of the Party aggrieved at the Judgment given �inlany r; 15° u- a; Reference'. dicature refpectively, by new Procefs to Review the Paid Caufe once in each Inferiour Court of Common Pleas, of in the Superiour Court of Court". i' 4' tlf E i 216 _ -- Meaning th ometilttes happened, that contrary oto f tlhe ,�� .�1nd zubt'reets, rt ha f . the Party in whofc Favour the 7ud`gd�lient, tcakcra p e hip' riour Curt bfat .� � and tied Court hath been given, hath very loon after ed 1c1� furl) judgment, zrcl�ment, er: Writ of Review, pretending hill fell age y when it bath been with Intent to prevent the oth rPEhe ra ZU 17 fonhis whoithereupon, allbringing his (Writ of Review ; was really aggrieved, t could have V oubt has arifen as well from the Nature tare of the Rev'evie of fuck from the a s tons the Forrn of the yJ�rit, zubethlaelthe th�afC��aawardcd hint; any Relief, f Relief, or indeed any other IleQa'r��� r Laiv�itcf:�?tt'd, of ��ianifc',� Int laid and thereupon as well to �� f,�r` f Ju ice follaetillaes may b For Remedy whereof : • gout►til arab 3:�cncetctt� to it i t0�cli bp bid ercettetttQ' tljc dnbct�ttnuc, � die �*itljozit� of tl< C fame. That when and fo often as it (hall t�ttljQ� in (Doubt Courtit(irettill?a��'e�ltih � Uath Parties bring forward and happen Writs Review in the Superioui• Court, that thenand in fuch chCourt Cafe, enter thrir V4 rats of y its or Actions of Review illall be coma»d l og udgmcnt of the Supe- to both Writs the fame Jury, in order to reverie, confirm 01 alter uflice, and as the Matter shall sour Court on the Appel according to Law- ortd Cu(�oti� w the contrary notwith- r appear upon the Trial; Any Law, L g Handing. Arlo .5.51taterbelpt w05155, Writ's of Re- view of both Parties to be committed to the Jury. CHAP' V. or the An A& in Addition to an Ad intituled, An AR f the �e i,�ry of Deeds and Conveyances - of gra©fie fife keeping �ft Year of his pt-Efet�t; MA:jellyS o Lands, made in the firft Reim. and byan AS nixie, in the frfi rear f bit keeping the } - HEREAS in . 1 � g nt An Aft for the more fa °;. �; �ja�efjy's Reign, iratitled, i" Lands, It zeas (among other Regi{lry of Deeds and Conveyances of << there fl,ould be chofen in each County wiihiinthis Enacted, that 'pings .� 44 e Tome fuitable Perron to be Rcgad�tlietl'r�:claeach olde�s of each rrfpcc- Provtnc 64 fame, who ihuuld be chofen by the Votes o� and c.uh at their ,Meeting in ,larch then next tcc following llo ing's, asn that the cacti ave Town,i,. « .�Perfon fo chofen, f4lould continue. i►��;tionf is made in the fold .�1c`t for t��� d fully appears : But no Pro .l which Alt more ''ears, `�, are n. -cur scar e.��pired . r ers after the faid five 1 Ratcn.-cur?C, r.GIpfre CIO Choice of Reg. f 151 etsclteittp fly: L r ncitn of tYti 7;1;e it L'11CCefbi:e ett�ctca tip � 1 ] (f Q�t[ , {1 L{ttJ t. ), 4� .Li lr�a_J 3Rtpt CtCtttatttic� in ®cnet•al mutt zt ttthteb, bp Province, c the Freeholders in each refpe&ive,Townin within thenthis P fiacc Province, theirfamThat their Meeting in .lti7arch next; and every owl►`'?Vl:ars etu�s in March, fllall be and e at their feveral ly following for ever, �} for a relied ; and required to proceed to chart a Rel;' A each aun- hereby are tmpowred R as in the raid exp retied refpeEtively within the faid Province, qualifiedkeep theBaaks, . the � fen. as aforefaul, lhall reticle and keep his Office daily and that Perron fo Cho fen. Regifter toeach Count ,and therein ShireTown of •, County de & kee open in the refpe�1Ve o the faid 'Office belonging ; and that all the other t his shircrffice in Records, Files and Papers o,a hs in the faid A&, are hereby made and declared the �hirc Claufes, Articles and Paragraphs and 'hall .abide and remainefic&ual - inffull Fm henceforth and raven. to be perpetual, e to all Intents, Coii{tru�ions and P,irp ilon�ttoltlec contrary notwii:h(landing. to "3-Cage forever hereafter : AnyLaw, g • , ,_..-..------ C H A P. Choice of Regitiers of Deeds to be in March for ewer. Atino Regiii Regis G }:: 0 R G I I, Septimo. 172b. 1 0.116.46 66. cptebill. 217 C H A Pi AVL An Ad Repealing and making Void the Form of the Writ of Replevin direaed to in an A& Intituled, An apre. fcribing the Form of Writs for Pofef on, ScireFacias, and 3 W. �a. 3:,. epievin ; made in the thirteenth Year of the Reign of King William the third ; and effablifhing an other Form inftead thereof. F0 R 4 S MUCH as fol le furtherProvi ion in theLaw is neceffary rela- ting to Athens of Replevin, and for rendring the Proceedings therein more compendious and certain : 1113e it enacteb bn 110 cxrellcttcp tie jobcrnour, Council anis ' tore, Former Writ fentattbers in Tomtit Court of euthteD• annD t1p ter QIUtio*p 0f the of Replevin utile, That the faid Form of the Writ of Replevin, prefcribed in and by the mad© void. abovcfa'd A&, made in the thirteenth Year of the Reign of the faid King WILLIAM, and every Article and Ciaufe therein contained, (hall be and hereby is repealed determined and made void and of none Effe& forever. £tth he it further Minn nnD mad' by ttje 2tttfjo?itp dog aft; That from henceforth the Writ of Replevin to he ifl'ued out of the Inferiour Court, Miall be from Time to Time granted and ifTued out in the Form follow- ing ; ( That is to fay : ) 8 f. TO the Sheriff or Martha] of the raid County of S. his Under- New Form of Sheriff or Deputy, or Conftables of the Town of B. within Writ of ae- the faid County, or ro any or either of them, Greeting. In hisMajefly'sName plevin, you are required to Replevie belonging to 2a. P. of B. addition now di{'rained or impounded by 7. G. of B. addition and deliver the laid unto the faid T. P. and Summons the raid. G. To appear before OurJuflices of Our Inferiour Court of Common Pleas next to be holden at B. within and for Our County of S. aforefaid on the Day of - thcn and there in Ctar faid Court to anfwer to the faid T. P. in a Plea of Re- plevin, for that the faid 7.G. he on the Day of at a Place called.. in B. aforefaid took of the Plaintiffs, and drove them away and impounded them in and in the faid Pound them unjuf}ly detained, againfl Pledges and Sureties till this Day. Which is to the Damage of the faid T. P. (as he faith) the Sum of Pounds, as (hill then and there appear with other due Damages. Provided, he the faid 2'. P. give Bond to the Value of Pounds, with fufficient Surety or Sureties to profecute his Repleven at the faid next Inferiour Court of Common Pleas; and fo from Court to Court until the Caufe be ended. And to pay fuch Coils and Damages as the faid J7 G. shall recover againfl him: Hereof fail not, and make true Return of this Writ with your Doings therein, unto the faid Court. Dated in B. the, Day of in the Year of His Majefty'sReign. Annoque Domini 4. V.Clerk. And the like Form of Replevin to be obferved for Matters cognizable before a Juflice of Peace, .Mittatis Mutandis ; but neither of them to be conftrued to extend to any Dillrefs or Diflreffes made by the proper Officer, for any Tax» Fine or Forfeiture. Copy of Writ cinb tie it fttrtbcr rtnncteb lin the slut jonity afoleraib, That in Cafe of Replevin the Defendant in anyAftion of Replevin, cannot be found,an attefted to oge the p Copy Defenblidant t© of the faid Writ of Replevin, being left at the Houle or Place of dual Abode anfwer. of the Defendant, fhall be fufficient to oblige him to anfwer to the Suit. C 2 ACT ' l' q 1 1 17 20� ., rino Regni Regis G E 0 R 218 Afferioni. A d s and Laws, • at and General Court or Affenmbly of His Ma - jelly's by the Great ' Province of the Mairichrfetts-Bay in'Ye-iv-England, of gc n �Cf� S J Y and Held at �gflGlt, upon�Vednelci:�}� the thirtce'Lii to `?Vedncfi`iay Pr oro atiotzs I720. And continucd by fe4c�ra1 g I the fifteenth Day of March following, and then rnct. CHAP, VII• Year of An A& in Addition tion to an A& made in the twelfth King William, Intituled, An z451 direEing how Taxes the General A' embly fiiall be afef ed and to be o-ranteCl by •� he Pro- ceedings b l and colle�ec , for the ratifying and confirming t ci�-ors of Precinas,D1�1"lis and Par;<fhes, of the �,ff and Taxes as may have and the collec'�il�g of filch Rates ' not upon Oath, and to been made by fuch A�altho f% ers, lmp0 ED -2" . to call Meetings. Wer Committees of Precin&s, c t 1'r amble. The A her refer'd to is expired. Afiefiars of Parishes, &c. to be under Oath I I, u...«I.TIM1 Sc titno• • H REAS it is not exprefly declared in and by the faDd 1 ecf cthe twelfth of King W I L L I A M, th�)tr the jeaAd �ae of .the�ffc•Q'ars Di/� ids and yarrfbes,/Iva!! be ztj2on Oath, and or foie of tbc>Vifrias, Parirnes and Precincts within this chofen by f % ,. ' vane not been under Oath, and thereupon ��0z�7D1�axes ozr/ty Rateaf this Pas to the 1 paying f• as to t/ve collc�cz1g and a cry fuel) Parifly and! rc z C LO�1Crla0iir, arifen F¢ it tjercre c aeclareb nub eltadcb ter N CourteCal'ielttbl a, iinl� b}? til, Council alta l.ZelJ1'EtcliCtlCitJE� in CCcttcr�+t tie That from and after the Publication of This Ab ,tall �.ut-�joiitp of rt}e faint, l�recin�s and Dillrt� AiTefl^ors as well thole: of and for Pari(h^s, F an Oath to take their Aifcfsme.rt juft and equal, accord- ing to the Rules in the Law provided. d �,- he Committee chofen in PrecinEls, Dtifir anandl Pa itcall , an ml - And that t Y m; e Com- nage their Prudcntials, {hall have the like Power and mittees w g Heir refile&i\�e Precinels, Diffri&s and Parifhes,as the Selc&- ihave Power point Meetings of their t call meet of Towns have to call and appoint Town fM 1tinghitl�erro made by any o men eilacto That all All' cogs. �it� be it hula ' P p Ell or Diftri within this Province, Aflefl'ors legally chofen for any recta art -Oath, !hall be and are legally held, deemed andupon md e0good AfieCmcnts although not upon j made not t valid to all Intents and Purpoles, as if the fame had been jade upo them - der Oath, to •and and Perfons concerned, bcheldgood. and all Conttables, Co•lle�tors, felpr them- provided always, !!elect ; that s That !itch A(l'efsmcnts that have been made, do, and the A - provcdcd al�vay , s �r �•ifo, fell -ors not under Oath, and the whole or any Part living that made the to in all {inch Cafes Oath !hall be oracle by to Afiefslentis if thereunto required, that they acted imp Cullom ando accordingthe contrary e or their their bell Skill and Judgment : Any Law, Uf.g notwithflanding. ,t W. & n2 ca. 7. Preamble. C I -I A l'. VIII. revent mifpending Money in Taverns. An A& to p HEREAS many .% Per Eons are fo extravagant in their Expences at cath Ta- verns, and other Ifoze/es of common Eit ntertainment, thatg tbe, le s able to pay and dile'.>arge their hurts their Families, al makes them ./ hone/l, ,W>.r.aJ. ,:r (� , 1,1 Ilq , nm J ail Iutllo,pl Jl.,iii, YIJdill1(111,II,IIi 411111111 1111n� .R.egni Rer Is GEO R G I I, Sc'ptin;o. _ � I, ,,paitipfhiM e Duttc , honefl, juil Debts ; and are encouraged in this Prac`lice, by the `Iaverzzers, Retailers andKeepers of Ilof s of Entertainmentgivingthem too greatCrcdit : For Remedy whereof : IR it cn&tn bp jiO etteircitcp tljc Uobcnionr, Council aiib lac= prcfcntattbco ill di3cncral Co:irt aflcnlblct; an? by tjc AtithOtp of the utile, That if any Innholdcr, Retailer, Ale-Houfe-Keeper, or common Vi&u- aller, fhall after the Publication of this A&, troll or give Credit to any Perfon inhabiting in the fame rl7own where they arc trolled, for Vi(tuals or Drink, for more than tsn Shillings, . fuch Innholdcr, Retailer, Ale -Houle -keeper, or com- mon Victualler !hall forfeit all fuch Stuns fo trolled ; and all A6 -lions to be brought for fuch Debt or Debts, to be utterly excluded and barred : Any Law, Ufage or Cullom to the contrary notwithflanding. An A& by file Great and General Court 1'rovincc of the 1'I�rv/ic'rchtc/efts-B held at 13n�cfa, upon �Cclncfda f,1721. Paired or AfTembly of , His Ma- jeffy's _ ay in .Mew -England ; Begun and h y the twenty-third Day of Augu I721. • 219 Taverner &e.. to forfeit Debts for Drink and Viiluals ex- ceeding 104, CHAP. L An A6t for laying fundry Duties on fuch Goods as fhall be imported into this Province, from the Province of New• Hampf ire, and_ on fuch as fhall be exported from this Province, thither., HERE.A:S tivc Government of Ncw Hampfhire do exaa and take preamble. ff7". two Shillings a Mouf and for every Thrufand of .Boards brought down the River commonly called Pifcataqua-River, and tranfported into this Province ; though the Trees out of which the Boards are made, grew upon Lands within this Province, and are cut atMills in the County of York ; altho' the Inhabitants cf this Government have equal Right with the Inha- bitants of the Province of' New-Hampfhire, to pats up and down the aforefaid River, by Grant and Purchafe ; which Exaction therefore is altogether unjufl and opprefve : tEt it t jtrtfoee two bp WO CI'allelic? tlic iEobcrnottr, cattltcil ai ti tteprefentatioN in d5cncral COM .affettible7, Mill tin t c Ciittijo;lip Of Dudes on the faiur, That from and after the twentieth Day of Oelober next, there Miall Goodsim- be paid to the Irnpoft Officer, for the Ufe of this Government, for every Hog- ported. fhead of Rum that fhall be imported from the Province of New-Ramp/hire into any Parts of this Government, the Sum of five Pounds, and fo proportio- nably or greater or lefrer O anticies ; for every Wipe of Wine, the Sum ofve Pounds, and fo in proportion for greater and leffer Qtantities ; for all other Sorts of Goods, Wares or Merchandize whatfoever, ten per Cent.ad Valorem, And if any Mailer or Commander of any Ship or Vefl'el fhall unload any Rum Liquors, Goods, Wares or Merchandize whatfoever, imported from the Penalty Province of !Yew-flamp/hire into any Ports or Harbours within this Province, 2fe rlon er in safe •� un - Wine) load withoutbefore he hath made Report to the Impoft Officer of all fuch Rum, Goods, Nares or Merchandize whatfoever, and the Value thereof upon Oath, reporting. and paid the Duties by this Mit enjoined, he (hall forfeit and pay the Sum of One Hundred Pounds, to be recovered by Bill, Plaint or Information, in any of 1 -lis ?'Iajcfly's Courts of Record, the one Half of the Paid Forfeiture to be ap- plied for and towards the Support of this His Majefly's Govert:tnent, the other Half to be to and for the The of him or them that fliall inform and f ue for the fame, And er ;a 1723. 220 "inno Regni Regis GEORGI -1, Noiio0 Q•.. -..- Goods to be confifeated. Duties on Goods ex- ported. Penalty on the Matter takingGoods on Board be- fore report made. Goods to be forfeited. Oath to be given to the Importer or Owner. Oath, 6 G. ca. 3. Proamble. 2thrnttntfrattof. And all fuch Wines, Liquors, Goods, Wares and (Merchandize as fhall be landed before the Duties paid, !hall be liable to be feized and confifcated, upon Proof made in any of His Majefty's Courts of Record, to be difpofed of, as by this Aft is already provided. also it limber enacteb by tlje Satitiplitp of alrf alb, That there Thrill be paid for every Barrel of Beef and Pork that (hall be exported from thisPro- vince into the Province of New -Hampshire, the Sum of ten Shillinis, and fo in Proportion for greater and leflerQ-9anttties : For every hundredWeight of Bread the Sum of five Shillings ; for every Bufhel of Wheat one Shilling; for every Bufhel of Indian Corn or Meal fix Pence; and for all other Sorts of Goods, 'Wares and Merchandize, ten per Cent. ,ad Valorem. And that any Mater of any Ship or Veffel that fhall take on Board any Rum, Liquor, or other Goods, Wares and Merchandize, in order to be tranfported to the Province of ,New-Hampfhire,before he hath reported to the Impoft-Officers the Quantity and Value of all fuch Wines, Liquors,Goods,Wares andMerchan- dize, and paid the Duties therefor,fhall forfeit and pay the Sum of One Hundred Pounds to be recovered and difpofed of as by this Aet is already provided. A`: nd all fuch Rum, Liquors, Goods, Wares and Merchandize, that fhall be put on Board any Ship or Veal, in order to be tranfrorted into the Province of New-Hamp/hire, that have not paid the af'orefaid Duties, fhall be forfeited and difpofed as aforefaid, uponProof made in any of HisMajefly'sCourts of Record. Lae it further meal, That the Oath to be given by the Importer or Owner of all Rum, Liquors, Goods, Wares or Merchandize as is herein made mention of, (hall be in the Words following OW .4, B. do (wear, that the Entry of the Goods and Merchandize by you made, contains the true Value, and agreable to the Invoice here- " with exhibited, and that according to your belt Skill and Judgment,is not lets " than the real :.'oft thereof. So help you GOD. Any Law, Ufage or Cullom to the contrary notwithflanding. An A& Paffcd by the Great and General Court or AfTembly of HisMajefly's Province of the Mafachllfetts-Boy in New -England ; Begun and held at Bofion, upon Wcdnefday the twenty-ninth Day of May, 1723. CHAP. L. An Ad for limiting and regulating the Proceedings of the Judges of Probate, and for granting Letters of Admini- ftration in the refpeotive Counties of the Province, in their granting Adminiftration on fuch Eftates as have not been fully adriniflred on already, commonly called, Admini-- ftrations aye bonis non. HE REAS of late Years it hath frequently happened, that the Judges of Probate in fame of the Counties of the Province, have granted Letters of .Adminiflration de bonis non, on the E/iath s of Perfons deceafed, even many rears after the Will of fuch Perfon has been fully executed, or .Adminiflrations on Inteflate Eflates, made up and fini/hed, under a Pretence that fuch deceafed Perfon died feized °flame Right of Commons In Lands, or other Real E/late, whereby fuch .Adminlorators have given great V i/lurbance to the refpeelive Towns or Proprietors that own fuch Lands, -when at the fameTime, it is notfo !much as pretended that there is any perfonal.`;late of the Deceafed left unadnuniflred upon, or.any Debts remaining' unpaid : For '1 Anna Regni Regis GEOR GI 1, Decimo. e toLen c5obb0. MilliLtn Fern. 1723 For Prevention whereof : No Admini- �� ftrations de EC ft ent ttct1 bp tl e Lieutenantd5obecttotw, Council anti ilteptefenra= bcnii .ion to Mir .5' f11 C5enevaf .Court affembicb, .aub by the Ztttjo,itp of the fame, be granted, 'That f �. r the future .no .Adminiftration de bonis non (hall be granted on the E- but where Mate of anyPerfon deceafed, Lipid's Oath be firft made, that there arc bona there arewna � l�atabilra, or ,'dotabilia, or a perfonal Eftate of five Pounds Value unadininiftred on, or there Debts unfa- appear to be Debts of the like or greater Value not fatisfied. , tisfyed. sanb fie it flirter ennrteb.bp - `atitf o2ltp nfolefaib, That in all filch of Cafes where it is alledged, or may' be fuppo(cd, that the Deceafed died feized of Co o o Rights !het tome Rights of Lands, or Commonages, the fame being a Real Eflate, ,Admtni- He rs. Oration (hall not be granted thereon, but as the fame defcends and belongs to the Heirs of the Deceafed ; fo fuch Heirs and they only, (hall demand, profccute A&ions of as or fire for the fame : And all Aaions for fuck Lands or Real Eftate, brought ny others for or to be brought by Adminiftrators de bonis non, ('pall be difmiffed and for ever the fame barred in the Law : Any Law, Ufage or Cullom to the contrary notwithftand- bar'.. ing. Alts and LaWvs, P'affed by the Great and General Court or AfTembly of His Ma - jelly's Province of the Maff echufetts-Bny in New -England, Begun and held at Boflon, upon Wcdnefday the twenty-ninth Day of May, 1 7 2 3. And continued by Prorogation unto Wednefday the feventh Day of Algal] following, and then met. .1 CHAP, 1. , An A& in Amendment of and Addition to ari A& Intituled, An a againfl receiving Stolen Goods, made and paired 10 Ir. ca. 6, in the tenth Year of the Reign of King William. 7HE R E AS the Penalty provided in and by the ✓1R againft the re- ceiving Stolen Goods, hath not only proved inefctlual to deter Perfons from committing the fetid Ofence, but the Party injured is often de- feated of his jufl Satisfac`lion by the ()fenders avoiding to make Sa- tisfaaion by fufering corporal Pun fhment 114e it tlieirefo2e enattet bp the ttctttenattt Cobertiaur, Council anb !tel prefcntatibe0 in cZcneral Court c ambleb, atth by the outlicujity of the faint, That for the future all Perfons offendim7 againft the faid Law, and being tl:ercof convi&.by due Coude of Law, that fhall not make Reflitution, as awarded ; .(hall be ordered by the Juftices, or Court that may have Cognizance thereof, to make SatisfaEion by Service, and be difpofed of for that Purple, in .like Manner as is provided in Cafe of Theft, and be further punifhed by whipping, 'not exceeding twenty Stripes, at the Difcretion of' the faid Court. Preamble, Perfons that ren i. e ftuleu G( ods to be pumtla'cl as in C are cif 1 heft. CHAP. 11 An Ad for' preventing -Abides in diftilling of Rum, and other Mong Liquors, with Leaden Heads or Pipes. Ti 7HEREAS the flrong Liquors and Spirits that are diflilled thro' leaden , Heads or Pipes, are judged on good Grounds to be unwholfome and hurt- Prenumbk ful ; notwithf anding -which, fame Perfons to fave Charge, may be led into the making or ujing of fuch ,Heads, Illgrms or Pipes JO. 1723. nlro Reg'ii �ejis t E 0 R G 1 Ir Dal mo. -222 No leaden Heads or Worms to by ufed in ling, upon Penalty: No Braziers, tec. to make Worms or Beads of bate Pewter or Lead. Penalty. Affay•maflers their Duty. Ana Powe?. Afl'ayers Cer- tificate to be produced. Z1ponPenalty. Certificate to be entred with the TowitClerk. Fines honv difpofed. Aflay•maflers appointed. Afiay�mafters Oath, For Remedy and Prevention whereof : rt it citnffeb by the Lieutenant (jEobcvnour, Council nub em:tfona: tit',c in general Court afcnthlcb, anti sip the 54utiioitlt of the fame, That no Perron whatfoever,fhall make Ufe of any fuch leaden Heads orWorms for the future ; and that whofoevcr {hall prcfbme to diftil or draw off any Spin sits or flrong Liquors through filch leaden Heads or Worms, upon legal,Con- viaion thereof, before any of his Majefly's Courts of Record, fhall forfeit and pay a Sum of One Hundred Pounds. inti be it • furebet cntb Iry the . tttboU0 afogfaib, That no Brazier, Pewterer, or other Artificer whiatfoever, {hall prefume to make any Worm or Head (for Milling) of coarfe and bate Pewter, or fuch as bath any Mixture of Lead in it ; under the Penalty of One Hundred Pounds. lig be it limber enacteb, That in each Town within this Province, where the Willing Trade is carried on, it may be lawful for the Inhabitants thereof, at their annual Town Meeting in March for Choice of Town Officers, to chute two or mote Aflay-Maflers, whole l3ufinefs it fhall be to infpeft and make trial of any fuch Heads and Worms as {hall be fufpefted by them, and if upon their Allaying and Trial of them, they be found to be made of Lad, or of other bate Mettle, or to have an Alloy of Lead or of other bate Mettle in them,they thall give Notice thereof to the Difliller or Owner thereof; who is hereby forbid- den to make any farther.Ufe thereof in Diflilling, under the aforefaid Penalty bf One Hundred Pounds, frit be it ftwt jec cin tcb tip t 'ie Qtuti o�itp aFolefliti, That theAfny- Matters orinfpeelors are hereby impowred to enter into any Still-Houfeor Place where fuch fuch Utenfils are f'ufpectted to be kept,and to' cut off fo much of them, as fhall be needful to make an AfThy or Trial of them. And every Diftiller "hall be obliged to produce a Certificate under the Hands of the Afiay-Mafters, for the ,Tithe being. for all the Pewter. Heads and Worms which they !hall make lie of in Milling, that they have been tried and are approved of by them for good Pewter, and that they have put their Mark and Number upon them, for which Mark, a Stamp {hall forthwith be prepared at the Town Charge : For which Certificate, and every Array made by them, they {hall be allowed by the Miller or Owner 'of fuch Heads and Worms; the Suin of five Shillings : The Paid Certificate with Mark and Number to be entred in the Town Clerk's Book, for which Service the Town Clerk {hall be allowed fix ,pence. 2nb be it suet *t; eneitteb, tip, the Tion{ agtp afozefaib, That all Forfei- tures and Penalties arifing by Virtue of this Aft fhall be the one Half to the Poor of the Town where the Offence is committed, and the other Half to him or them that 'hall inform and fue for the fame. nb further, That Capt. Thothas Smith, Mr. 7enathan Jackfon, and Mr. Jona; Clark, of B011012, be the &ft and prefent Affay-Mafters for the Towns of Boflon and Charlefiown, :end that they and all others, hereafter ehofen to that Office:than niake Oath as fol{oWs, viz. tilA. B. do folemnly Swear, That Twill to the befl of my Skill, prove and make Trial of all Worms and Still-Heads,within the Town. of C. that are ufed or defigned to be made Ufe of in ¶itiilling, that flail come to my Know- ledge, for which there is no Certificate in the Town Clerk's Book, and will make a true and faithful Report thereof the Town Clerk for theTime being. So help me GOD. r H A P, SIM • Anna Regni Regis G 1t O 11 G I Decinno, J 723. uppojt of Muffler/,. A ii Aa-, Paffcd by the Great and General Court or A f ehhl y of His Majcfty's Province of the fVIaOachc fetes -Bay in New -England ; Begun and held at B.ofIon, upon Wedticfclay the twenty-ninth Day of May, 1723. And continued by fevcrai Prorogations unto Wednefday the twenty-third Day of OFlober follo'vil1g, and then met. 223 1101•141•14M IMMIMOrismarmarral• CHAP. III. An Ad in Addition to the Ad for the more effedual pro- viding for the Support of Miniflers. xt-HER E A S. in and by an 4l Made in the firfi Year of the Reign t B. ca: 3. of her late 1Vlajefiy Queen ANNE, Intituled, An AFt for the more effectual providing for the Support of Minifters, the Inhabitants of each Diflriel or PrecinC regularly fet of from any Town, are impowpred to Preamble: choofe ..g arl. for the ageffing and railing a 1Vlaintenance and Support for the Minifier of fuch DifiriS or Precinc?, and other . recint Officers : But no Provifion or firetlion is yet made in the Law for the firfl calling and af- fembling the Inhabitants of any Vifirif, Precintl or Parifh regularly fet of from any Town in the Province ; for want of which, many Inconveniencies have anfen, and may fill! arife For Remedying whereof is • e it ettncteti by the Lieutenant 5obernour•, (Cannel:! tutb Reprefenta: tibeo in C6eneral Court affentbleb, anb bp-tije.iiutfjotitp of the fame, That it !hall and may be lawful for any Juftice of the Peace in the County where filch Prr cinE , Diftrict or Parifh, regularly fet off (as aforefaid) is ; • and fetch Juftice is hereby impowred upon Application to him made by five or more of the Freeholders of fuch Precin&, Diftri€t or Parifh, by writing under their Hands for calling of a Meeting,to iffite otit aWatrant for the affembling of fuchDiflri&, Precinct or Parifh; as aforefaid, dire&ted to one of the Freeholders, alking the fame, requiring him to notify the _Freeholders and other Inhabitants (qualified by Law to vote in Town Affairs) of the 11/Leering, and the Time and Place for the fame ; which Notification !hall be giving in. Writingoiled up in fome pub - lick PIace or Places, within the faid Diftria, Precin& or Parifh, fourteen Days before the Day appointed for the Meeting : And fuch and fo many of theFree- holders and other Inhabitants, as aforefaid, that are afTembled and met accord- ingly. shall have Power by a major Vote to choofe a Moderator, asalfo a Clerk to entar and record all Votes and Orders, that from Time to Time {hall be made and palled in the faid Precin&, DiftriEt or Parifh Meetings, who (hall be fworn to the faithful Difcharge of his Office, as the Law dire&s for the (wear- ing of Town Officers ; and further to choofe a Committee for calling of Meet- ings of the Precinct, Diflri£f or Parifh for the future : And no other Affair lhall be tranfaEted at any fuch Meeting, than what is exprefl'ed in the Warrant or Notification for fuch Meeting. • F f Juftices of Peace upon Application to call Pre- cinct Meet- ings. Nothing to be pafs'd but what is con- tain'd in the Warrant. G� p R G i I,- Dccimo. 4rrno .R egni Regis An .A6, t and General Court or Affernbly of HisMajefl ,'S paffcd by tile, Great g ' n , of the 1V.�a f ichtt f etts-};cry in New -England Begun ©f Province held at Bo/hon, upon Wednefday' the twenty -fere _Ala), 17 2 4. CHAP. I.V. ' 4, AHA a its Addition . to the A& for, holding fpecial Courts of Arlin and General Goal Delivery. Queen ANNE, Pon is made for the u ,�f WIIE ,R�; S in and by an AS made in the rovt t�rwelftl� Tear othe Q Reign .of her late 1Vlnje%ly �., callrra and holding [pedal Goin is of Mize and General Goal De- livery, r or the Trial o. f 0./}'oriclerl in Cafes of Mtcrd�aonly on extraordinary or the holding the lr �e y, f 'Occa cons, when the ordinary Time f °t and l��e and General Goal Delivery, Su e�or:tr Court of �udreaittre, Court of Affize happens to be at a confiderable V iflane Q fronz the in the re fpe�ivc G . o the 0j -enders being apprehended : And it being found y Time f pp T ' f Ilse like Pro^�rfrort made f or the tial o ©enders in all capr- there /bottld be NI Cafes : (C4i11tC! 1 �ltl� �Fr� it tl.;clrci-olc cllnttcb 1i� tljc�ic^tt ��� �L�� t�� but je�it�� Of in u citttal fljotat alterable), �`�QIJI;EiCllt�itlflC�s 5 e fflize to s That it !hall and may be lawful to and for the dG e ernour o r Co of ��f AlCiie to tljc Caine; byand withthe Corn - be held for gander in Chief, for the Time ting, anyextraordinary Occafion and Emergency, General Goa1,De trial of any the Council, upon capital Offen• a Precept diretted to the Ju(lices of the Court off c � 1' and Court, a may tiers. livery, i to order and appoint them to hold1is of anycapital Offender or Offenders, where the, Offence for the be, for tilt Trial Law made Felony Death, and to ca�.ifc Venires Towns, as belittled forth for the by. fummoning Jurors for fuck Court out of the ev Elated Courts, and to t dA Et for Hake out all other neceffary Proceifes; and do 1c what clfc shall be req uiGce, according to the Powers given themin n znd Gheeral Goal e(1;iblilhing a Superiour Court of udicature, Courtof have Delivery. And the Judges A udges and Officers of fuch fpecial Court, ll tohis Court: h A.Allowance for their Attendance and Service, as heath be orderedy A& s and Laws, and General Court or Affcrnbly of His Mai Patted by the Great ,' e of the 11�affachut/etts-Bay in mew-Engla 1 of Wiu. ,: . jetl�,sPtotilt�c at Bo fin, upon Wcdnci'clay the twenty Ue en h of play and Held.� And continued by ,fcvcral Prorogaa'°d thcll met. h17�} the eleventh Day of November follo�� tng, ._-... CHAP. L �e�ulat3ncv the AdmiiT.on of Town. r 13 YY. ca, 10. A c r in and by an AR or Law of thisProvince made and pafs'd IIEKE,�S . Tear of his prefent 1Vrajefy'sReign,In1!I nhabitants Heade in& in the eighth Addition to an Aa direr`ling the Ada -lift -ton f Reign of King William the and pafs'd in the thirteenT1lTe upon f the arrival of any Ship or Veal 3C i� herein c?l►.C���, P " in An A& forte better - b the Province of the Maffachc felts -Bay. Inhabitants within Preamble. third rVP it li .o 1 JI eI I Re;ni ___________ it dun ,Nu ,,u, iy III ,1,11,1111,,1„..11:91,1!1161j1 GEORGI LT1)cleCi�n0. 2tbari tol:i of 3 C a ski ai " in any {'ort or Harbour within the, Province tranIporting any Pailimgcrs, " Servants or others whatfoever, and before Bullc be broken, or filch 1'afI'cn- 4` gers, Servants or others be fu(Tered to land or conte on Shore, the Mailer of " fitch Ship or Veffi:l.fhall.replir to the Selec`I-teen or'Frcafitrcr of fuchTo vn " where no }receiver of Impoft dwells, and give in a Lift or Certificate of all 44 the Pa(Tengcrs, Servants and others he has brought in his Ship orVefT 1 from " beyond Sca, with their Circumflances, and Mcr'chandizc they bring with them, as near as can be : +And the Mailer of filch Ship or Vella! :hall enter " into f ifflcicnt Bonds to the .Satisfaction of the (aid Scheel -Men or'frcaf irrer of the `Town where the Ship or Veal arrives, to (ave fttchTown harnhlcfs 11.0111. 14 all Manner of Charge ari(ing or that may arife to the fame Town, by Rca(un of fuch Paflcngers, Strangers, Servants or others arriving among them.' And whereas the true .intent of the fetid AS was b prevent the Importa- tion of poor, vicious and infirm Perfrns, who night prove either a publico Charge to the Province in general, or to fo,ne particular Town, without any .Defign to lay a Vrfculty or Vifcouragement upon Trade : X724., _5 t 2 ' � Kccici1 from an AR of the, SJt of King (i1:ORtiE which is re- pcat'd and not printed in this Book, Maficrs of 1;�C lC tr?cr'cfote rna(tc►i 1111 the Licutcilalit (abet lour, qCotlucit ate. to ships give F� "ACpuEfclltaflb0 in ®clict'al Court aLfcrntilcll, il'so Ills the Orirholltp of tl_je Security for fa7ilt�, That when any Ship or Ve(fel importing any Pa(rengcrs, [hall arrive in their 1'afien- any ,Port or Harbour within this Province, the Malicr of Inch Ship or Vefic:l bens. before Bulk be broken, or filch Paflengers be full -era] to land or conic on Shore, fin!! repair to the SelcEt-men or Trcafurcr of filch Town where no Receiver of Impofl dwells, and give in a ,Lift or Certificate of all the 1'af7cngcrs he has brought in his Paid Ship or VeITi l beyond Sca, with their Circumflances, and the :Merch_indizc they bring with them, as near as can be : And filch Pallen- gers as can make it appear, that they then bring with them into this Province Effec'ls to the Value of fifty Pounds, (not including necefTtry Houfhold Goods Perfond fro s et" _ em e ` Having ecu - and wearing Apparel) as likewife all able-bodied Il uflJandmcn Mariners Handy , p' S �n crafts -men, Labourers and indented Servants ; provided they are not Perfons of rity for them; vicious Convcrfatioti, or ill Fame, fhall be and hereby arc achnittcd to Land without the Mailer's being fubjc6t to give Security : But as for all others, the Mailer of filch Ship or Vcflel (hall enter into Bond within five Days after his arrival as aforefaid, with ftlfficient Suretiesto the Satisfaction of the faid Select- men or Treafurcr, as aforefaid, in a 511111 not exceeding One Hundred Pounds for each Palrengcr, to favc fuch Town harmlefs from all Manner of Charge arifing or that may arife to the Paid Town from fuch Paffcngcrs for and during the term of five Years ; on Pain of forfeiting the Sum of One Hundred Pounds for the Tile of the Poor of the Town or Place where fuch PalTengcrs fhall be landed, or fet on Shore : And in Cafe any Paffengcr or Pafl'engcrs fhall give fuffrcient Security for themfelves to the ,a cceptance of the SelcThinen or Trea- Penalty for filter, as aforefaid, the Mailer of the faid Vcffel is exempted from giving Bond not giving Security. fo far as relates to them. • Pond forfive Yt ars. Club be it furtfnr emitter' br the 9lutfia.(tp afaicfaib, That the Mailer of every Coafling Venni, Wood Sloop, Fi(hing Vcflcl or others, corn- ing from any Port or Harbour of this or any neighbouring Governments into ,3oflon, or any other Port or Harbour within this Province, fhall within twenty four Hours after his Arrival deliver to the Receiver of Impof, where filch Offi- cers are, and where none are, to the Select Men or Treafurer of the Town; a perfcEt Lill or Certificate of the Chriflian and Sir -Name of all Pafrengers brought in loch Veal (which are not retied Inhabitants of any Town in this Province) and their Circumftances, fo far as he knows, and give Bond as afore- faid, o'ii Pain of forfeiting the Sum of One Hundred Pcunds, for the Ufe of the Poor of the 'Town or Place where fuch PafiRRngers fhall be landed, or put on Shore : And the Forfeitures in this A& mentioned to be recovered by Bill, Plaint or Information, by the Selca-Men or the major Parc of them, or rhe Trcafurer of fuch Town where the Ship or Veflcl arrives, in any of His Ma- J- f ^ ;oft t ( • Lifts and Se- curity to bel given fur Paf- fengers in Coaffing Vef- fcls, Lc'c. on the fame Pe- nalty. • ti x724, Ano Regni Regis GEOR GI 1, , Septimo. arrannasarmsassonate 2 2 6 yccuto$$.Ig '� tapz• jelly's Courts of Record within this Province : Any Law, Ufhgc or Cullom to to contrary thereof notwithflanding. The former And the afore recited A& in ,,Addition to the a direfling the Admifon of Aft repealed. Town Inhabitants, is hereby repealed and declared void. _r 4 G. z. ca. t Preamble. Executors or Adminiftra- tors of decea (edConflables or ColleEtors iirpowred to celleEtRates. CHAP. II. • An A& to enable the Executors or Adminifirators of Con- ilables or ColleEors deceas'd, to fue for and recover any Afefsments not colle&ed by them in their Life -time. HE REAS the feveral Conflables and Collec`lors that have Rates or Taxes committed to them to colle[l, fland by Law indebted and are ob- liged to pay in the fame to the feveral and refpetlive Treafurers or Re- ceivers of the Rates and Taxes within this Province : But no Provifton is yet made in the Law for the Executers or Adminiftrators of any fuch deceafed Conflables or Collectors, who have not fettled and made up their Scamp, as by the faid Law is provided, to gather in or collet' the fame, or to much thereof as may happen to be unpaid 113e it therefoze t nafteb by the Lieutenant dEobcrnpur, Council ant 3weprefeutatibeo itt General Court afunbleb, anb bp t jc Sarttr oitp of the fame, That when and fo often as it (hall fo happen that any Conflable or Colle&or within this Province ovince heretofore deceafed, or that (hall die before he {hall have colle&ed the feveral Sums committed to him by lawful Authority to collet of the Inhabitants of this Province for their Town, Precin&, County or Province Tax, that then and in fuch Cafe, it (hall and may be lawful -for the Executors or Adminifirators of filch deceafed Conflables or Colle&ors to levy and collet fuch Sums of the Inhabitants named in the Lifts to them feverally 'committed, as upon the deceafe of fuch Conftables or ColleEtors fhall appear due or unpaid to them refpc&ively : And fuch Executors or Adminiftrators by themfclves, or their Attorneys, arc hereby impowred to do, perform and ex- ecute all the Powers granted by Law to the feveral Conflables and ColieEtors in fuch Cafes : Any Law, Ufage or Cullom to the contrary notwithftanding. SLY,&M. ca, to. Preamble. Sele&-men &c. to appoint Diftri is to the Surveyors ofHighWays. CLIAP. III, An A& for Explanation of, and in Supplement to an Ad, Intituled An ilbii for High -Ways, made in the fifth Year of the Reign of King William and Queen Mary. HE RE 4 S in and by an Ad made and pafs'd in the fifth Year of the Reign of King WILLIAM and Queen MARY, Intituled An A& for High Ways, the Inhabitants of eachTown refpedively with- in this Province are obliged (without reafonable Excufe made) under certain Penalties to attend by then f Ayes, or other fi. fcient Perfon in their Steads, or with their Carts and Teams, for the keeping in Repair and amending from Time to Time all High -Ways &c. lying within the PrecinSs of fuch Town, upon convenient publick Notice given them by the Surveyors for the faid TJ'ork, as by the faid St more fully appears : But forayich as there is no fireltion in the faid Alt for /fated Limits to be obferved by the faid Surveyors in re- pairing and amending the faid highWays,and great Inconveniencies have hap- pen'd or arifen in many Towns : For Remedy whereof 25e it enact£b by the Lieutenant dCoberstotir, Council anb ttcpTc, fentatibco itt Ecncral Court affcinblcb, anb by the autljottp of the faire, That the Se1;&-Men of each. refpe&tive Town within this Province, with .4nioRegni Regis GEORGII, Duodecimo. .1724. CharleJlown fcrrp ® 227 with one or more luftices ,.of the Peace in thofc Towns where fuch there are ; or othcrwife, the Select -Men by themfclves, 'hall be and hereby are dire&ed and impowred to appoint to the Surveyors of fuch Town, their feveral Divi- lions iviliions or DifiriEts for repairing and amending from Time to Time, all High - Ways lying within the fame ; which the faid Surveyors are hereby required to obferve and conform unto. And to the Intent that all Perfons liable by the faid ✓ R to Work in the High -flays may have fuch .Notice to attend the faid Work, as in and by the faid 43 is provided : )16e it furtfjer enact, hp die atutliolitp afo2cfaib, That the Surveyors - refpeftively be and hereby are required ( extraordinary Cafualties excepted) fix Surveyors ro Days at leafl before the Day appointed for providing Materials and working in notify Perfons the High -Ways, to notify fuch Perfons to attend the faid Work, either by the Hi h�n then -delves or other fiificient Perfons in their. Stead, or with their Carts and Ways.g Teams ; the faid Notifications to be by writing under the Hands of the faid Surveyors, fignifying the Time and Place of Attendance, and to be left at the Place of fuch Perfons ufual abode. And if any Perfon being fo notifyed make Default of attending faid Work by himfelf or other fucient Perfon in his Stead, or with his Cart and Team, as he (hall be appointed ; he fhall forfeit the Sum of five Shillings for each Days Negle&, and for Default of his Cart and Team with a Driver, ten Shillings per Diem ; one Moiety of the faid Forfeitures to be to the Ufe of the Surveyors, the other 'Moiety to be to the Ufe of the Town, and to be recovered as in and by the faid Act is provided Any Law, Ufage or Cullom to the contrary notwithflanding. .Provided, That this A& 'hall not extend to the preventing or altering the Proviro. PraElice in any Town of defraying the Charge of repairing or amending the High -Ways by a Rate or Tax, or any other Method they. have or 'hall agree upon ; any Thing herein contained to the contrary notwithflanding. CHAP. IV. An A& in Addition to an Ad, Intituled, As2 .fly for the 8 we ca. y. better Regulating the Ferry over Charles -River, betwixt 9 it ca. r. Bofion and Charleftown, made in the ninth Year of the Reign of the late Qeen Anne. H '.REQS it is found neceffary for the expeditious Payage both of Man Preamble. and Horfe over Charles -River, that there be more .Boats than three, which are already by Law eflablifl�ed )i3c it dart -wet enatteb bp the Lieutenant Obernour, Council anb lel prefenttttiileY, in Central Court atfcmbleb, nub lip tI c atiC joritp Of tje Four Boats to fatt►e, That from and after the twenty-fifth Day of March next, there be four ply at Charle- fiaffiicient Boats kept and maintained for the more fpeedy Tranf portation of Men flown Ferry. and I-Iorfes over the faid Ferry ; and two Boats fhall be palling at one and the fame Time, and not more than one Boat at either of the Shores. under the Pe- oncBoat only nalty of twenty Shillings ; one Third to the Informer, one Third to the Ufe to be at each of the Poor of the Town of .3ofton, and the other` Third to the Poor of the Shoar. Town of Ch. arkftown ; to be recover'd by Information orComplaint made to any penalty. Juftice of the Peace, who may reftrain the Offender or Offenders until he or they fhall pay the fame. Lfn1 be it furt cc euat'tcb by tbc autljoitn afa efaib, That there be made, and from Time to Time kept in good Repair fufflcient and convenient Ways, Convenient for palling to and from the Ferry Boats at the landing Place on either Side, at Ways to be theCharge of the Perfons who have the Profit or Income arifing by the faidFer- kept at the ry : Any Law, Ufage or Cuftorn to the contrary notwithflanding. Ferry. ACTS . , • , Qt - 1725. 228 `,Anne Reign; Regis GEORGI I,_ Duodecimo. Ito W."ca, 1. Preamble. Conflables Authority in the Execution of Writs and Warrants.) Prtamble, A&s and Laws, Paired by the Great and General Court or Affcmhly of r-fisi'vlajcfty's Province of thc MaJJircbtf tts-Boy in New -England ; Begun and held .at BoJ?on, upon WednefUay the twenty-fixth Day of May 1725. And continued by feveral Prorogations unto Wednefday the third Day of November following, and then met. C H A P. L Ah Aet in Addition to an Ad Intituled, An Ad enabling Sheriff's and Conflables to require Aid, &c. made in the tenth Year of the Reign of the late King William. HEREAS notwithflanding the I'rovifron made in the faid.4. f, force Q,uellion has arifen upon the Power of Conflables, TT/nether they have any .(Authority to convey any Persons by thein apprehended in purilance of any lawful Warrants orWrits to theist direc7ed, any further than through their own Towns and Precinds "E it bedaub anti marital by the Lieutenant 5n'f)c:floiur, Council anti cpreicntatitic0 in Telma! ei.ouet afcntbleb, anti hp floc Ztttiiu ftp o(; tee fatite, That the Conflablc or Conlablcs of the feveral 'Towns within this Province. have full i'ower and Authority, in the Execution of the feveral War- rants orWrits to them directed, by lawfulAuthority,to convey as well anyPrifoner or Prifoners, as Things that they may take into thcirCuflody, either to the Jus- tice ifl'uing filch Warrant or Writ, or the common Goal of the County where fuch Conftable is an Inhabitant, according as in the Writ or \\Tarrant may be direEted. C H A P. IL An A3: to innpower the Sheriffs,Conftabies and otherOfEcers of juftice in the neighbouring Provinces and Colonies, as well to paisssand repafs,as to convey fuchPerfons orThings as may be in their Cuflody, on the Service of any Writ, Warrant or other Procefs,by and through any of theRoads or publick Ways lying in or leading through any of the Towns or Lands of this Province. J-IERE.AS many of the `Downs of this Province and the neighbouring Provinces or Colonies of New -Hampshire, ConneElicut and Rhode, Island, and the publick Roads leading to and from one another, are fo intermixed, that the Officers of 7uflice of tend be efpe cive prose Provinces esaand e oftenonies times oin es in the Execution of Writs, Warrants, l% obliged (the Roads or direcWay fo leading) to pafs and e ten to conveyPrifoners through TOMS orLands not belonging to or under the 7uri fdifion of the Pro- vince or Colony unto which the Sherif Under -Sherif Conflables, or other0 cers of 7u/lice executing fuch Writ, Tarrant or other Procefs belongs, and where the Writs or Warrants are returnable, but to the neighbouring Colony Difficulty or Inconvenience might an: fe, orProvince ; zuhereut�oir (nitre Difpttte, /%' y as well to the Prejudice of the publick Good, as to the Damage of private .Pcrfons : For • tao Ammo Regni Regi,; GEORGI I, Duodccitn'o. ilL egiffrp of i ecb %. For Remedy whereof : 11!3e tt ezuutnb be tl'c Lieutenant (i obcfliottr, Council anti ttcprefenta: bite in &tient Court atentuieb, tattybij tie $ttthoititp of the fame. That the Sheriffs, Under -Sheriffs, Conflables, or other Officers of Juflice of rhe neighbouring Provinces or Colonies, with their Afliflants, in the Execution of any Writs, Warrants or other Procefs, ifluing from and returnable to their refpe&ive Provinces or Colonies, may and fhall have full Liberty Power andAu- thority, to pats and rcpafs, and alio to convey fuch Pcrfons or Things as they have in their Cuflody by Virtue of any Writ or Warrant as aforefitid, in or by any of the Roads or Ways lying in or leading through any of theTo,vns orLands of this,Province, in as full and ample Manner as the Officers of ',Lace of this Province do life and exercife in the Difcharge of their Duty and Office : And all Pcrfons infulting, or obfirucrling fuch Officers of Jun ice of thc neighbouring Colonies or Provinces, in thc due Execution of their Office, as they are palling through any of the Roads or Lands of this Province, (hall be fitbjeel to the fame Pains and Penalties, as is provided for the Prote&ion of the proper Offset's of Judice within this Province. r72• 5• 2 2 9 Sheriffs. &c. of the Neigh- bouring Pro- vinces allow'd to pal; and rcpafs, in this Province, ecc. Penalty for obliruaing them. CHAP. III, An Ad in Addition to the feveral Acis for the more fafe keeping the Regiftry of Deeds, and Conveyances of Lands. 7. V' `_. ''' REAS in an .Ac7 made and pafs'd in the firfl Tear of his prefent 9 IV�-tr',.'' i hi v s Reign, Intituled, An Act for the more fafc keeping the Re- r ; ,iftry of Deeds and Conveyances of Lands (which Ad was temporary, 7 mporary1; but ina-;c perpetual by an other Ad made in the feventh 2 ear of his Maje%ly's .1 cio-n, I�.ti'uled, An Act in Addition to an Ad Intituled An Ad for the more lute keeping the Regitlry of Deeds andConveyances of Lands) it is among other Thing ena;.`�ecl, That in Cafe of Non-acceptance, Death or Removal of any " Per!bn elyaed to be Regifter of Deeds, in any of the Counties of this Pro- " v:nee, two or ntorc: of His iWIajefly's Ju(fces within filch County (Q,itoruin c. iJ;rus) be impo\vred to grant our their Warrants directed to the Selec''+-men of the feveral TOCri s within fuch County,ordering them forthwith to convene i" the Freeholders of.' the refpedive Towns, and proceed to the Choice of Come " other nice_ Pcrfhn, the faid Votes to be brought in as in the Election of County " arca fi t rir t which is to the next Court of General Sef on of the Peace: By which ,Vit'thod a Vacancy may happen in the faid 0fce for foible 11'onths, to the 1i real Damage and Rifgue as well of particular perfons, as of the County 1n 'neral : For Remedy of which Inconvenience ..tet it ci acteb bye tl)je Lieutenant Ooliernotir, Council attb T cpvcfcnta: Med in ecitct'M Court affettibfeh, an hp the 2tttia,itp o� tlje fanit, That when any two or more of His Majefly s Junius of the Peace (Qauorum Units) within any of the .refpe&ive Counties of this Province (living in or near the Shire riown) (hall in Cafe of thc Non -Acceptance,' Death or Removal of any Perfon elected Regifler of Deeds for fuch County, grant out theirWrrrants, direned to the Select -men of the feveral Towns within fuch County, ordering them forthwith to convene the Freeholders of their refpc6tive Towns, and pro- ceed: to the Choice of force other meet Perfon, as aforesaid : The faid Juflices Iiial-1 make their Warrants returnable to themselves at a certain Day, as fool -las con eniently may be, ordering the faid Select -then to' fedi.. up the Votes forRe- gifier, and return them together with the faid Warrants : And the abovefaid Junius shall at the fame Time give out their Notifications to the other Juflices Of fuck County- of their Proceedings herein, de[idng them to meet upon the Pay appointed -for the Return of the faid Warrants at fbmc certain Place in theShire Town; and the major Part of the j uflices' of filch County, being ret rogethe.t on 11'. ca. 7. 0, ca. 4. 0. ca, 5. Warrants for chuhng a Re- gifler of Deeds to be return'd to the Juflices iffuing there, ib Cafe o; the Death, &c. of the Regiflcr. r!x 230 Anne Regni Regis G E 0 R 6I T, "Iauoclecirria. Co/onerO• refpatie0• faidVotes forRegifier {hall he opened and forted in nPref ince of ofo on fLichDay,the the laid .utliccs, and the Perfon having the mofiVotes fhall be g for J County, until the Time appointed by Law for theEle&ion of Regifters fuck Coui y, Clerk of the throughout this Province., afolefs�it►, That itnmedi- Pleas tore- 211b be it iurtr eC enaleb lip the Zutijoittl &c.i 'Cafe Vacancyin the Office of Regifier of Deeds ha any County. beingwithin . ately upon a of in cafe this Province, the Clerk of the Inferiour Court of Common 1 g of a vacancy Ll(iices of the Peace (�uorum onus) for the in the Regif- fworn before two of his Maje�Y s .1 :er's Office. faithful Qifcharge of this Trull, !ball take into his Cufiody the feveral Books h Deeds and Conveyances of Landis are regifter'de together orgetherlwit and wherein the and that tl Deeds and other Papers lying, in leefaid DeedO�d'other Instruments brought to be hereby is in�power d to receive t The Clarke ed and he !Mall note upon them the Time of their bei glreweved�'ai d the Pee for re- Recoir for which he fhall f teiving Deeds Record shall bear Date' accoi•d'ingly, Deed, and no more : And upon the Appointment of 'a new, Regifter as �c, for each D , ' � Elia}} deliver Lip the Paid Books, Deeds and Papers into his Hands ; aforefaid, he Any Law, Ufage or Cullom to the contrary notwithfianding. CHAP. IV. An 101 further ther Addition to the feveral Ads or Laws of ' r a W. ca. 6. Preamble. 1 this Province, relating to the Office and Duty of aCoroner. bythe aforefaid 48s, a Coroner is notimpoz Bred to i /HERE4Stoar ftune orappoint cvDeputy or Deputies under him, t o fe there may Writs a fo that byReafon th f as be is enabled by Law to ferve, Failut'e or y elay of 7uf ice : For Prevention whereof : • Council ant) ��epxefetttrt= Coroners im- IBC it enatteb bp the Lieutenant djobttnottr, of the sdtl'.C, owred to ap- ibe ill Central Court aft emblttb, alta bp tb �Z4ttallb and riQay be lawful for fofullinudes t 5 f h Publication lication of this A, it for ferving Writs, &c. That from and after the u or the feveral Coroners within this Province to confiitutel d the Perfons one depute more Deputies, for and within their ref}�`� ferve ve Counties ndtiexecuce all fuch Writs and Pro and (worn, are hereby authorized be directed to the Coroner or his Deputy, wherein ePl of iff, De- fendant as (hall Under -Sheriff or Deputy Y Pendant or Complainant fhall be a Sheriff, of the Counties within this Province : Any Law, Ufage or Cullom to the contrary notwithfianding. Ads and Laws, Teat and General Court or Alterably of His Ma- Paffed by the v � in New -England, Bell 'ef}y's Province of the .Haff �lci'i:/�tt.r a °y the twenty-fifth Day of 3 upon Wcd lief y and held at ,Boon, � May, 172 6. CIiAP. V' An A& in Addition to, and for rendrinb mote effe&ual,a�n an Reign of' King�illz i o . 5. A made in the tenth Year of the Reb the third, Intituled,preventing ire fpff An .AEIf a�' preventzn o a es. WHERES the 4t or Law already made far the preventng1lr . es hath been found inefettual for that Purpofer fo that a nr pales is neCeffary to be made : 115 treamble. my 1 I 111111111 i 1111.111 J11.dIiJ u 111. II :h.i..11,11i,,I11.1.1..1161MbiiiiiAilillilhigliiiiiiiiii4fililMilliieliii41114144i1101.11111'iailaighlailieili Anno • Regni Regis GEORG I 1, Duodecimo. 1726. vefpaffctp 2 3 I e ft t!)ercfo'c cn��;teb lip the I� etltCutittt eobctit£rw?C, 4�. outictl aflb ize: Fines for cut- prefcntatibeo in tome al court ns cmlbtra, nub h p Me Miutiiogity or the Ti mg brer, Un- fatate, That no Perfoia or Perfons do or fhall cur, fell, defiroyor carr awa. Y y dente. , &c. any Trees, Timbcr, Wood, or Under -wood} whatfoevcr, fianding, lying or grow- without Li- ing on the Land of any others, or off - or from the Commons of any Town, cence. other than that to which he or they belong, or within the fame Town, having no Right or Privilege there,, without Leave or Licence from the major Part of .the Propriety of filch Commons, or the Owner or Owners of the Landwhereon filch Trees, Timber, wood or Underwood was handing, lying or growing; on Pain that every Perfon fo cutting, felling, deflroying or carrying away the fame; or that !hall be aiding or eating therein, !hall for every fuch Trefpafs forfeit and pay to the Party or Parties injured or trefpafled upon,thc Sum of fortyShil- lings for every Tree of one Foot over ; and for all Trees of greater Dimcn- (ions three Times the Value thereof, betides forty Shillings, as aforefaid, and -twenty Shillings for every Tree or Pole under the Dimenfion of oneFoot Dia- meter, and for other Wood or Under -wood, treble the Value thereof ; which feveral Penalties, Forfeitures and Damages, filial! and may be recovered by Ackion BiI1,Plaint;orinformation uponConvi&iion of theTrefpafrer or1Trepaffers, as is hereafter fpccially provided and ena&ed, before any Juftice of the Peace in the County where the Trefpafs is committed ; it the Penalty or Damage ex- ceed not forty shillings, but if it be above that Value, then before the Court pf Common i'leas in the fame County. Sl.nb be it further mortal, That if any Perfon or Perfons !all throw or Fine for leave open any 'Bars Gates, Fence or Fences, belonging to or inclofing any throwing Lands held in Propriety or Common, or belonging to any particular Perfon open Fences, or Perfons, within any Town in this Province, or that !Ball dig up or carry Gates, &c. away any Stones, Oar, Gravel, Clay, Sand, Turf or Mould, Roots or Plants, belonging to the Proprietors of any common Lands, or to any particular Per- Anndgfoor ca� fon or Perfons, as aforefaid, fha11 for every fuch Trefpafs, upon Convielion clones, Oar. thereof, as in and by this •A& is hereafter provided, forfeit and pay treble Gravel, &c. Damages, and alfo a Sum nod exceeding five Pounds to the Party or Parties injured thereby, according to the Nature and Aggravation of the Trefpafs ; to be recovered in Manner, as aforefaid. .And foraf much as it is very hard and di cult to dete5l and convi6l any`I ref preamble, patter or T'refpa-(fers againfl this .Plc'l, in the ordinary Courfe and Method of the Law, by Reafon thelrefpafJes are geneally committed where pofitive Evidences can fcarcely ever be had : re it *refine fttrtijer ettactcb rill tije 'Cintlj floitp atolefafb, That in Manner of Cafe any Difpute arifc upon any A5tion, Bill, Plaint or Information brought, as Conviction of aforefaid, where the Plaintiff Complainant or Informer charge the Delen- the aforefaid dant in Trefpafs for cutting, felling, deflroying or carrying away any particular Crimes. Tree or Trees, parcels of Timber, Wood or Under -wood, or for throwing down or leaving open any Fence or Fences, Gates' or Bars ; or for digging up or car- rying away any Stones, Oar, Gravel, Clay, Sand, Turff or Mould, Roots or Plants, off or from any fuch Land, as aforefaid, or of being aiding or of lifting therein : Then and in fuch Cafe, if the Plaintiff, Complainant or Informer, or his Agent, or Attorney, fhall make Oath bona fide that there hath been cur, fell'd, deflroyed or carried away fuch and fo many Trees, parcels of Wood or Under -wood ; or that any Fence or Fences, Gates or Bars have been thrown down or left open ; or that any Stones, Oar, Gravel, Clay, Sand, Turfs' or Mould, Roots or Plants hath been dug up or carried away, as mentioned in the Writ ; and that he fufpet is the Defendant to have committed the Paid Trefpafs ; and although the Plaintiff, Complainant or Informer,, or his Agent or Attorney may not be able to produce any other Evidence thereof, than fuck Circumfian- ces as render it highly probable in the Judgment of the Court or Juflice, be- fore whom the Trial is, then and in every fuch Cafe, unlefs the Defendant fhall acquit himfelf upon Oath to be adminiftred to hire by the Court or Juflice G g that L �." • 1726, Anno Regni Regis G E O R G I I-Duoclecimo. 2 3 2 macro, acc. that !hall try the Caufe, the Plaintiff (hall recover againfl the uponath efenaant afDaore- mages and Coils ; but if the Defendant fhall acquit himfelf Paid • the Court orJuflice may and (hall enter up Judgment for fuchhe efen dant to recover againft the Plaintiff double his Coils occafioned by -And whereas feveral ill -minded Perfons, of late as well in the .Night Time as gres the Day, (being difguifed and painted) have pillaged and comrr Spoil in Cedar Swamps, and other Lands,and have lard open the Inclofures of r icularPer ons, by pulling down or deflroyrng the Fences about bthea n t only pat /' • to the Treat Varirage of the Proprietors, or Perfons rnterefled, f Injury of the Publrck : alo efaib, That if any Perfon or it tiierefolt ena�teb bp the .utlba/ftp painted or any Ways dif- or Perfons having his or their Face or OFna Faces blacked, of thTrefpafTes aforefaid, or gaited, !hall either by Day or Nig any Miall beat and abufe any of His Malefly's good SubjeEts, and be thereofr nd bove the ed by due Conde of Law, fuch Perfon fo trefpafl'ing fl1.11 Damages aforementioned in this A6', be whip'd at the publick whipping Poft, gas of the Trefpafs may require.: Any not exceeding twenty Stripes, lie atnotwith(landing, Law, Ufage or Cullom contrary Provided, That nothing in this A& (hall be conftrued fogs tondebar d convenient hin- der the_ Surveyors of High Ways of doing any Thing nece y in and about their Duty, as by Law impowred. This A& to be in Force from the feventh Day of .fiugu/l next. 'Preamble. • Punifhment for Perfons difguifed or painted that commit Tref pafres. Provifo. Preamble. •t, No Hawker, Pedlar, or petty Chap. man to be allowed. CHAP. VX. An Aet ao'ainft Hawkers, wkers Pedlars and Petty Chap -Men. • Amro Regni Regis D E U R G I I, Duodecimo, cpM t• 2. pe 1z , And all Taverners, Ale-Houfe Keepers, COI71111011 Viduallcrs and Retailers, arc hereby flrielly forbidden to receive, or give any Entertainment to anyHaw- ker, Pedlar, or petty Chap -man, or other trading Perron, as aforefaid, on the Penalty of twenty Shillings for each Offence, to be difpofedl of in Manner as aforefaid. And all Juflices, Sheriffs, Under -Sheriffs, Grand••Turors,Con(lables,Tything- Mcn, and all other Officers, -are hereby firi& ly enjoined and requited, to exert their uttnoft Vigour and Power to fee that this Law be duly put in Execution, CHAP. VII. An Ad to prevent Perfons from riding with naked Scyths. lilfI E R E .A S divers Perfons going to and returninz from their La- • hour, do fie yuerrtly ride wit b necked Sc �ths orz high gilt s, or tbrou h Lanes and Allies, which may prove hurtful to thefelves and others : g • For Prevention whereof : /Se it cltacteb by the LLieutenant vobcrtlflur, Council anti Retire; fentatibeo in dctteral Court nffelttbleb, anb hp tiie 2Itlti)oiitp of the fame, That if any Perfon or Perfons from and after the Publication of this A& fhall ride with a naked Scyth on the High Ways, or through any Lanes or Alleys ; filch Perfon or Perfons (hall forfeit and pay for every Breach of this Aft, upon ConviEtion thereof before any of his Majefly's Jur-flees of the Peace, the Sum of ten Shillings ; one i-lalf thereof to the Poor of the Town where filch Offence is committed, and the other Half to the Informer that !hall pro- ,fecute or file for the fame. .REAS Complaint has been made of great Hurt to, a n Decay t Trade occafion'd by Hawkers, HE Pedlars and petty Chap -Men paffing g and fro through the Country to vend Goods, Wares, and Merchandizes .' For Remedy of which Mifchief : anb ent i" i e it 2 nacteb by tljc Lieutenant ©obernoUr, Cotilt a author! o jepteflle, �,. tatfiie0 inOc1tfL•al Court afreltilileb, crnti �,t no Hawker, Pedler, petty That from and after the Publication of this A -men or other trading Perfon or Perfons going from Town Houfe Town,n Chap-men, other Mens Honks, and travelling either o11eFE1 Foot with n a y Market, or in any o- therwife, carrying to fell or expofing to S anyTown or Village, whereof filch Perfon or Perfonsois note an Inha- bitant, Houle in (hall be permitted any Nares, Goods or Nlerchandizes, Wares or M�rchandize by this Province, on Pain of forfeiting all fuch Codd r Goods, as aforefaid ; one him or them expofed to Sale, or fo co to His Majeflyto and for the 'Ute and Support of t e e Govern- mente Third thereof • of this His Majedy's Province, one Third thereof o r the him ort hens PPor hat of fuchTown the where Offence iccfach iOffendet• or Offenders for the fame, to (hall inform abysiaBill, Pft and laint t otrtInformation in any of Bis Majeffy's Courts of be recovered y d within thisProvince, and shall further incur the Penalty dof twenty Pounds, �Recor • to be recovered in Manner as aforefaid, for the Liles aforefaid. ' einil,, That it (hall be Lcewfurn.Sitbe it furtljer eltacteu hp tie Qitttl) - monHawkers • . Power of anyof His Maje(ly's Juflices of' the Peace upon View, Com mon afore the 'c. beforeplaint or Information to him made of any (itch I3real�oothOe ne�cCourt of to inmon Ge- neral �� him and bind efore him, and bind over fuch Offender or Offenders fh Setrons of the Peace in the County where fuch Offence d all r tir b commit- t - end ted ; and for want of fufficient Security, anformo t nemit uComplaint that (hall then ch to the common Goaloal of the County, towe exhibited again(' him or them, and alfo to fecure all finch Goods, and there be again Wares and Merchandize until the ,'Trial. And Goods to be forfeited. CHAP. VIII. An Ad for the Refiraining and better Regulating Appeals from the Court of General Sel ions of the Peace, and Inferiour Court of ,Conhmon Pleas, within the Ifland of Ta,ituckett. HEREAS by the .At`l for eflablif ing a SuperiourCourt of judicature Court of ,AYj%ize and General Goal Delivery within this Province ;preamble. It is provided, That the Trial of all Matters and Caufes by Appeal them over. 1726, 2" .53 "harerncrs not to w'il'e Entertain- ment to them, Penalty. Officers to fee this Aft put lit Execution. Preamble. No Perfon to ride with na- ked Scyths on the High - Ways, &c. from the Court of General Seflions of the Pcace,or InferiourCourt of Com- mon Pleas refpe&ively within the Paid Illand of JYantuckett, or by Writ of Error relating to any Judgment given in the faid Inferiour Court, fhall be in `' the Superiour Court 'ofJudicature Court of Mize and General Goal Deli- very, to be held within the Counties of Stfolk orMiddlefex." And where- as there are twoSuperiourCourtsof jfudicatureCourts f A/Jize and Genera 'Goal 'Delivery, held in each of the (aid Counties of Suffolk and Middlefex in a Year ; one whereof is held at Charleflown for the faid County of Middlefex on the WI Tzteflay of January, and the other at Bolton for the County of Suffolk on the fecond Tucfday of February : And allAppeals and vtherit litters to be brought forward front the Inferiour Court of Conrrnon Pleas and Court of General Sy: fns of the Peace held in the Month of Oftober at the Paid I,7Iand of Nantuc- kctr, lie to one of the fail Superiour Courts in Tanuary or February, as afore- faid, which hath been found to be very inconvenient ; for that oftentimes by Realm of the Severity of the Weather at that Seafon, it is very difficult and fometimes impollible for the Parties and others concerned to conte to eiti'er of the faid Superiour Courts, by Itleans whereof filch Pe;fins may loot the Bene - t of their Appeals, or other Matters that may be there depending • G g r Wh.re ort 1 1 17216. 'fano Regni Regis G E O R G I I, Decimo Tertio. 234. f Ctf C , &c. propitetozm -Wherefore for the Eafe and Benefit of the Inhabitants of the Paid Ifland of Nantuckett :, 1iBc it enaaea the Lieutenant OobctItottr, Council anb Illeprefeittt= 1� r anti by the ambit:1 t? of the fame, That tibe� in (JellCttll �;olllt al�etnit�e�, the Trial of all Matters and Caufes by Appeal from the Court of General Se(fions of the Peace and Inferiour Court of Common Pleas refpc&lively with- in the faid Wand of .Nantuckett, or by Wrt of Error relating to anyJudgment given in filch Inferiour Court, }hall from henceforth be in the Superiour Court of JudicatureCourt of Aflize andGeneralGoalDelivcry to be held atlof on within and for the County of Sfolk on the fecond Tuefday of Auguf` : Any Law, Ufage or Cullom to the contrary notwithflanding. . Appeals from Nantucket to Bolton. i W. ca. 8. 61;1! &M. ca. 6. Preamble. Penalty for Perfons not authorized to tranfport Paffengers acrofs any Ferry for Money. Liable to pay Damages to thole that keep the Far ry. 6W.&M. 5. ca. Preamble A&s and Laws, Paffed by r the Gi eat and General Court or Alterably of HisMajefly's Province of the Mafachufetts-Boy in New -England ; Begun and held at Bofon, upon Wednefday, the twenty-fifth Day of My x7 26. And continued by fevcral Prorogations unto Wednefday the twenty-third Day of November following, and then met. CHAP. L An A& in Addition to an A& for Regulating Ferries. HE RE AS frtndry PetEons of late, notwithflanding the Prove}ion ifrr already made by Law, do prclr me to tray port Paffengersver a n a-crofs the feveral Elated ,berries within this Province, sag Right or Authority fo to do, in Prejudice of thole'iuho are of n'd and autho- rized- to that Service, and therefore jufllly intituled to th f f of faid Ferries : For Prevention whereof : Se it cnacaeb hp the Lieutenant 5obc.ttotlt, Council ani eprefeiitaac tibtO itt ccttcral Court atcuthleb alit bp tlit Qiutholitp of the fame, That if any Perron or Perfons fhall from henceforth pr wume to this P keeovira F err Ferrry, tranfport Paffengers over or a-crofs any natal Ferry y as to demand or receive Pay, having no Right or Authority fo to do ; }hall for every fuch Offence pay a Fine of twenty Shillings : The oneoll her Holaf t s o is Majef'y, for and towards the Support ofthisfabeforeone toe one of His IVlajef'y's him or them that fhall inform and file for the Juflices of the Peace, or at the Court of General Seffions of Peace liain fuch ounty where the Offence may be committed ; and be further pay fuch Damages as may or {hall accrue to the Perfon or Perfons afligned and au- thorized to keep any fuch Elated Ferry or Ferries. CHAP. II. An A& in Addition to an A6t, Intituled a to enable Towns eilla es and Proprietors in Commonand Undivided , n Lands n. tofeta and be freed, made in the fixth Year of J the Reign of King William .and Qeen Mary _ b HERE 43 in and by the faid AR, " All Perfons, iTowns, CommonVillages, es, Precincts, Truflees for Schools, and I t opt tet r " Undivided Lands, Grants and other Eflates or its teror A iws s tf ne ern arecc impowred to file, commence and profecute like Mannerandefend all fuch Suits and ny << Court proper to try the fame, and in« A&ions !K: 1 ir; 411110 Regni Regis -G EOR GI I, Decimo Tcrtio ;oroprLetozr°'. �6. 23.5 Actions as (hall be commenced againft thcm,or any of them.&c," And where- as by the faid All, there is no Provifon made for the enabling any fuch Pro- prietors to raife Money for the carrying on or (Vendingfuel) Afions, or for any other publick We in !itch Propriety ; for want whereof many filch Proprietors fuller great Lofs and `'Damage in their Proprieties, and lofe the Benefit of the Paid Law : And 'whereas the Time of fourteen Days for the ferving of Writs before the Day of the Sitting of the Court hath by Experience been f tend too fort a Time in filch ACfions and Suits as are brought againfl any f ui Towns, Precincs,Villages and Proprietors, as aforefaid : For the Remedying whereof, and the enabling Proprietors in Common and Undivided Lands to raife Moneys for the carrying on and profecuting or defending any fuch Actions or Suits ; or for managing any other publick Affairs in fuch Proprieties : Proprietors of e it tnactcb bp die Lieutenant di5obernour, Council nub 33.eprefen• common tattoo in (Selicrea court afiembleb, nub by tfie Sauthofite of tje fame, Lands im- That it fhall and may be lawful to and for the Proprietors of any common and Powered to undivided Lands, or the major Part of them according to the Interef's prefenr, raifeMoney. by themfelves, or their lawful Attornies, at any Proprietors Meeting that !hall hcreafrer.meet upon legal warning to order the railing of any fuitable Sum or Sums of Money that {hall by them be thought fufficient to' carry on and profe- cute or defend any Actions or Suits that may be brought by or againfl them, or for the carrying on or managing any other pubiick Mails relating to fuch Pro- prieties, and to appoint a fuitable Number of Perfons belonging to fuchProprie- ty, to proportion fuch Sum or Sums as 'ball be thought neceflary to be raifed for the Ends and Ufes aforcfaid, upon the Proprietors of fuch common and un- o be col divided Lands, according to their feveral Interefis therein; and to appoint a leaed in die Collector or Collectors to gather in and col legit the fame ; which Colle&or or farneManner Collectors (hall be and hereby are fully authorized and impowred to levy and as the Pro - colic& the Sum or Sums let and apportioned for filch Propiietots to pay, in the 'tinceTat fame Manner as Conflables of Towns within this Province are impowred to levy and collet the publick Rates or Taxes, and to pay in the fame to the Proprie- tors or their Clerk (who is hereby irnpowered to grant Warrants for levying and colleting fuch Aflefsment) at fuch Time as 'hall be by them appointed for Pay- ment thereof; and•fuch Cleric {hall be accountable w the Proprietors therefor ; the Perfon or Perfons fo aflefling the faid Proprietors, and the ColleEtor or Col lcelors that thall be appointed for the gathering and collecting the Sum or Sums granted and agreed upon by the faid Proprietors to be afFeffed and colleted as tlfr,eIIors to be aforefaid, 'hall be under Oath for the n ue and faithful Performance of their under oath. Services refpeelivcly ; which Oath !hall be adminitlred to than, as the Law provides for fwcaring Town Officers. 2tta be it further ciliate)) by the 2itttho:ity afolefaih, That when it Mall happen Suit fhall be brought again(' any Towns, PrecinEts or Villages, or againft the Proprietors of any common or undivided Lands, the Plaintiff bring- ing forward fuch Suit fhall caufe the Clerk of fetch Towns, Villages, Prccinfts or Proprietors, or one or more of their principal Inhabitants or Proprietors, to be ferved with a Copy of the Writ or Summons at leaft thirty Days before the Day of the Sitting of the Court, to which the fame !hall be returnable : Any Law, Ufage or Cullom to the contrary notwithflanding. is 1 m. F,l y ACTS. Writs to be ferved on Towns, Fro- prierors, & ,. 3o Days be- fo: e :hel;c u. t. lett• f 14Y �j�111 Ali 1111.11 II i�u �1 Vii••lull I: i J.1 1727. Anno Reign; Regis G E 0 R I I, Decimo Tertio. 3 3ju3gC5trobateci. 2thminteratoz54 Ao.l s and Laws, T '� 's Paf cd b the Great and General Court or Aflenibl} of His Ma Begun Y Province of tl�c 1V1n�rc?,u%Its-Bay in �e`w'�r}�l�n of �ay� I,�'7• and held at Bolton, upon Wcdncfday the thirty fir ft ll y • t Dav for the Probate of Wills An A� to difable the feveral and gof ranting Adn ip1Rration in the refpe&ive Counties this Province from fitting as Judges in Civil Adions, de-- or relating to any Sentence or Decree, by pending on, ace aforefaid.them made hi their `'fudges of the Probate of Wills, and f HEKEAS feveral o granting 4dml are, or may or of the In t(J� abort on I,lteflate Plates ithin Court this dicattrre, e juft!Ces either of tie Superiour.f ; 'Measbefore whom oftentimes errata Court of nn 71101/ 1 � ee Actions are brought and determined, that depend upon, ng relate elateo inconvenient bethcr rcl� it or or Seyrtence of fuel) J1rdfreS of Probate ltt .t/I�1d1�' or determining fuch Cafes �tr Probate fI lel 11�a2 e a Y judging- ti No Judge of title , 111 coital CCttlrt uuxtlilitEu, oil judge for the Probate of Probate to be That from and' after the Publication of this Aa, no j . or At- grantingAdminiflration on Intefiate Efiatesiwithin 'thisProvvince, h ll Judge gills, and Corney in Court be allowed or admitted to have a Voice in judging or determining, e other •1 r',cction whatloevcr, which in any Caufe be admitted to ]�le:id, or '"� elation to anycYSentence rot Decree made or pafs'd by wherein he may depend on, or have R has pafs'd a him in his Office aforelaid : Any Law, Ufage or Cuftorn to the contrary not - Decree. xvith{tanding. dge of �c c ' 'tl'nt1nt (Oi3ttllotlt, Council anb lRcprefellta= �e it cna tEb r tr i. . by tt c 1tlti}ocitp of ii c fame, CHAP P. I V . ._ � led An AU relating An A& in Addltian to the A� .i�titu ed, to Executors and 1`ic/mjn f t aro the late Queen HEKE AS in and by an ✓27 made in the fand car theAdlat(Ir cors, Anne, Intituled, An Act relating to Executors << Thar any, Executor being a rcfiduary ( among other Things) 3it io cagey, or "nma • bringhis Action of Account againfl bis aCo-Eec ata r fire for Legataryxe- ymay �: cutors of the F.{late of the '1 c{lator in their treof";dsai�d any other refiduary << and recover his equal and rateable I (hall have like Remedy againit the Executors : " And whereas it< ofteLegan h y en laapp errs that arch Executor or Executors move or dwell and under the Ma- nagement Pro- vince and leave the E/lazes of the `1, e/lat `rr i`� the hPe�11 � vecrrtor and r•e�dttary rra4,entent cf their ,gent or Attorrr�y,_�c1 } � Legatee loft the Benefit of the fail .,i 'r.l by Reafon of which rllarllfefl Wrong�,•l For Remedy whereof : is done : `lit;;: i', ti$licit anb acprtfeutei• CintCna�it O31 c �C it rl:it�t� %�p at �� ' ,.,. Cir C�il:l)4�ltiz i the fame, Ill GeneralGeneralCourtCourti1ff0111111Cb, «n) � [t' Agent or Attorney of any Executor or Executors removedor r dwell- ing That every g to in g OIlC of this Province. {hall be li()b{e`��tllu:try',l�et;atcc, or any other Perfon, fo by the Co•ELccutor or l�xecutoi s _ L gent orAttorney hill have received of the Eflate of the Deceafed 1 ar as fall into his own Hands. Provided alzva�•s, That the a len be brought (within oneYeart from the Tim.? of the Agents or :'.ttor� ics receiving,}filchatEffc&s, and y Law •v, j-T{aae or (: >A Rom to the cc::'.rary note, itl CII A P, A gnt of Exe • J cu,:ors out cf the Province liable to$ui's, • IV,,.ill 1.11 1 • 1 • . nno Ream: egfs GEOR t Rthn of Jj A iD0. 11, Decirno Tertio, electutw C H A P. V. • . - .._.=w� =yam �, -efer,,r t- ..,..r.. An A& to enable Guardians to join in the Partition of Lands, or other Real Eilate wherein Minors are concerned. THERE.AS the Partition of Lands, or other real Eflate aiuong -thePcr- fonsconcerned, tho' much defreci and ofgreat..4dvantage,is often hin- der'd and delay'd by Reafon of Infants orPerfons underAge being interefled in fuck Elate, to the 'Damage as well of the Ir fants, as others therein concerned : For Remedy whereof i 'fie ft entattti Opt the ILlcutcltant Carnally, tonna: tlild 1Zcpt'efcne Pal -dial pow tatfbe fn enteral Court nfclilblcb; flub by tfje .2utljolitp of the fame, iio;nmetr d hero That it fhall be in the Power of the Guardian or Guardians of' any Infants Partition of concerned in any Real Eflatc that is common or undivi;cd, upon Application Lands, &c. made to, and Leave had from the Superiour Court of Judicature holden for,and within the refpe5tive Counties of this Province, where filch Lands or Real E- 4 t't'• & ;1. Bate lie, either by filch Guardian or Guardians, or the other Partners interefted, ca. z°' to join in and make Partition of fuch Real Eflate as aforefaid, to and among them : Provided, fuch Partition or Divifion be made upon Oath by five Free- holders (or the major Part of them) to be appointed by the Juflices of the fail Superiour Court, and a Return of fuch Partition to be made to the Clerk'sOffice of the faid Court, and there to be recorded ; which Partition or Divifion made in Manner, as aforefaid, (hall be valid and effe&ual to all Intents and ,Purpofes in the Law : Any Cullom, Ufage or Law to the contrary notwithftanding. 1727. 37 reamble- CHAP. VL An Act to enable Executors and Adminif<rators to profecute or defend any Suits that are depending, or hereafter fhall 4 j� & M. depend upon Appeal, wherein the Teflator or lnteftate `a' �' was or (hall be Appellant or Appellee. II E R E 4 S it often happens that after Caufes have been heard and tried at the Ir feriour Courts of COMM?? Pleas within the levee Preamble. ral Counties of this Province, the Party who is diffati fred with the judgment given, doth appeal therefrom to the ore-vt Superiour Court of Judi- cature to be holden within and for the fame County, where the .Aelion has been firfl tried : And many Innes it comes to pafr'that either the4ppellant or the Appellee dies before the Sitting of the Superiour Court appealed to ; by Rea - fon whereof the Great and General„dfi'inbly of thisProvincc are often troubled with the hearing' of Petitions from the Executors or Admin:firators, of the f rrviving Party, and fpend much of their Time in pang Refolves for their having Liberty to begirt their Suit a new, or for- otherRelief as theMat�• ter may require ; and by Means of the `Death of either Party, pending the . Appeal, the Creditor for a long? ince hath. been kept out of his full V ucs,and the Proprietors of Horifcs and Lands kept out of Pofefon thereof, for want of a more fpcedy Remedy in the Law in fuch Cafes : iir3z ft thcrcfo�c eiltltteti lin the Lieutenant Oo11mmtir, grountll ORU t G• z. ca 9. 1,irl.rcfznt ttt?C£� alt d5ett£t'iif erati affcu hlcb, alit hp ti,e £iltljo� t�1 of Executors ::nd for faille, That in Cafe of the Death of any Party, either the Appellant or the Adminitlra- tors im otv- Appellee, before the Sitting of the Superiour Court appeal'd to, the Executor P er d to pr;. te- or Executors, Adriniflrator or Admini{lrators of fuch deceafed Party, who was «,tc a„�{ r?,c_ Appellant or Appellee !hall have full Power to profccute or defend any filch fnd AElions Suit or Action (as !hall be depending at the Death of the Teflator or Inteftate) coma erred from Court to Court until definitive ud ment : A nd ihcTu11ices of the Superiour t'eiore ti,cir Court before whom fuch Cafes are triable, are hereby dirtecl and iwpov� er'cl to bens in fact a _a; acuj, hear 1 ., I —rr.:u;; y.u,rr{:x31t3E:s:rSi4":1 Z iII 1748. 3 13 G, z. ca. 3 Preamble, 14 •1 1 .iui.'.1m.....K'ulma. 1 I o Regni Regis G E 0 R G I I, II. Vicef mo-Secundo. II Lirnttatii It o[� rtionO, 4 11 major Part of them, are dire&ed to meet for the firff four //�� . m. itwrc' VVllllilllilV ia�..� •+ v., a � Weelcs after 'the Publication of this A& two Days in eachWeek,and for the next four Weeks, one Day in each Week, -and after that hed, oneo Day a era hualternate lefs on a or 'every other Week, 'till the ScheUtc be Council, they shall direr the Commifli- e- prefcntation 'made to the Governo oners to meet more frequently. rCHAP. III. An Ad. in Addition to, and for Explanation of an At, Inti - ruled, for n Limitation of Aaions, and for avoiding �1 A long J1andingSuits at La�e� where the Matter is of HEKEAS in and by an All made in the 13th Year of his prefent Majefly's Rein, intituled, An A& for Limitation of Actions, and for avoiding Suits in Law where the Matter is of long standing ;t is a mugugdeother Things enac7ed, `l That all Actions for Arrearages of be bRent;rowg ht within four d on' any Lending or Contract witl�outSA�'olryin Cafefhouls where the Caufe of AEU - if Years next after the Caufe of fuch « on should arife after the Publication of the faid Ac's, and in thole r Years the CafesPubwhere the CauCe of Aftion had arisen before w�therea�tuthe latter Part of the faid thereof, and not afterwards ;" Andgenerally under old to be mean: •C,lat fe was at the IJirne of making the faid At�e��din orContra� withoutSpeci- and intended only of fuch4c7ions grounded onL r alt as are exprefs d in the A8 of Parliament, which was pafr'd Li n the 2 of y ''ear of the Reign of King James the o�(zvintch..4ci►tAe before•recitedLaw of -��ions and avoiding Suits at L , (f this Province is (with Refpetl to the Actions therein mentioned) ennag great be Mea- �tre copied ;)but yet the sant con%iruin or Note of Hand, and has lately flood to rncludeAelions of the Cafe upon been fo adjudged by fume of the Courts of judicature wthin nthis this Province t; and by the like Conflruciion may be deem d to extend b allof Account, upon the Cafe whatfoever, not excepting fiuchAccounts as concern n heT rade v M�chandize betweenMerchant and Merchant, their Factor ) which Con flruclion in the Courts of judicature, very many Creditors have by been greatly furprized and injured., who upon the aforefaid nd thio' Lenity to their eneral underfland- iytg of the faid Clause of the aforefaid oProvincial ns ther�overy of Debts due to them Debtors, have foreborn to titin byp rorni ary Note or otherwifeahowfoever upon firnple Contract, within the Time limited in the aforefaid Law of this Province for brin;ire7© n grounded upon Lending or Contra? without Specialty ; and will thereby(up the afore- faid id Conflruction of the latterPart of faid recited Clau/e) be barred and from brin- ing Actions• for the recovery of the fame, and greet Mis chiebetf en Merchant and e may arife in the Trade of M'erchandize and Merchant, and other Traders within this Province ; Now for remedying and preventing the fame, 11E3e it aecl;1teb alio cage) bp the Cponernattt•, Council anti, tante of, Further Time That all Actions of Account or upon the Cafe grounded on allowed for �ef3t'ef CI1taCf 1neo,of bringing AEti- any Lending or Contra& or otherwife howfoever, in which the Cauef[ been andckirn- nsofAccount yy the has arisen before the Publication of�ellirol�t and whichpofecuted at anyTime Con mented or profecuted to Eff'e&, may g Case, with- in four Years after the Publication hereof ; and in Cafes Pleaei �tuBath Ao I©n'have Trial been' commenced, and Judgment hath been given upon for the Defendant, the Plaintiff or Plaintiff's in fuch ion, their e E d A�ionxecutors or Administrators, may bring and profecute a Writ of Review n fuch Court where the fame was Tried, within three Years after eb making np fuch Judgments,(©r the reverting the tfin�conta contrary notwithflanding,recovering and shall have in the aforefaid Aft contain d tot y the I • • .,antro Rtg;zi Reo G E Q 11 G 11, 11. Viccfimo Tcrtio. tittu ' in t;e 2L3t1 &c 1749. 337 the like Advantage for recovering the fame, as if the faid AEI had never been .l Ilnc limited made • And ,that all A&ions of Account and upon the Cafe other than fuch t,�r bringing ° ` i �` r?l`l:onS of Accounts as concern the Trade of Merchandizc between Merchant and ter- Account and chant, their Faelo•s or Servants (the Carle whereof Ihall arife after the Fubli- ou the Cafe. cation of this AEF) fhall be brought within the Term of four Years next after the Caufe of fiichAEtions, and not afterwards ; And that all Actions of Account which concern theTradc of IVIcrchandize betweenN'lerchant and Merchant, their FacTors or Servants as aforeflid, may be brought and profecuted at any Time after theCaufe of filch A tion, ar thcPlcafurc of fuch Perfons as may beeconccr- ned, any Thing in the aforesaid Ael to the contrary in any wife notwithflanding. . pro'vibcb- al''uano, atti) be it ftzrtOcr enarrth, Tliat this A6I fhail not be undcrftood ro,,bar any Infant, Femc-Covert, Perfon imprifoned, beyond theSeas, or non compos mentis, from bringing either of the fictions beforementioned with- in the Term before set and limited for bringing filch Actions, reckoning from, the Time that filch Impediment fhall be removed. And whereas it may happen that forte Vebtors may be out of this Province during the whole or (line col f derable Part of the Term of Time by this Aa allowed and limited for bringing fuch Actions as aforesaid, and the Creditors in fuch Cafe not have like Advantage with other Creditors for recovering their Dbit: 3t a tberefege Bray ilit.'tliet'.pr'abfbeb anti ettactcb. That if' any Debtor (hall continue our of this Province more than twelve Months within the afore- faid Term, in fuch Cafe the Creditor (hall be allowed fuch further Time for bringing his Action and recovering his Debt as (hall appear (to the Satisfaction of the Court in which fuch Action fhall be brought) that the Debtor had con• tinued out Of the F rovince' within the four Years beforementioned. A&s and Laws, Paired by the Great and General Court or Af embly of HisMajefty's Province of the Ma fachrrfetts-Bay in Am -England -; Begun and held at Bof ori, upon Wednesday the thirty-firft Day of May 1749. And conrinuccl by fundry Prorogations to the twenty-third Day of November following, and then pct. C HA P. I. in Addition to and rendring more effectual an Aa ruled ren /161 for drawing in theBills of Credit of the . jeveral Denominations, which have at any lime been titled by this Government, and are frill outflanding, ancS Jor aertainivg the Rate of coined Silver in this Province 15 G• Z. ca % or the ,future ; made in the twenty-fecond Year or his prefent Ivlajefry's Reign. RE REAS it is declared and provided in faid Ate in the Words Preamble, fol/awing, And whereas the Sum of One Hundred and eighty three Maitland fix Hundred and forty nine Pounds two Shillings and fe- « vera Pence half Penny Ster'ing, granted by Parliament as aforefaid ; and the further Sum of Seventy five Thoufand Pounds nOw granted to be affej: " ed in Bills of Credit in the Year One Thoufand feven Hundred and forty " nine on the Polls and Eflates of the Inhabitants of this Province, are by 11 this Act become the fele Fund and Security for the whole Sum in Tills of Credit outflauding, and in Cafe the faid Sterling Sum granted as aforefaid be not imported into this Province before the faid thirty-firft Day of L'larch V 2 One Proviso. Pre ble, Pros•ifo where Debtor conti- nutr out of the Province. •Yr.4a,,. lilid 1 14 Y 4: f 1749. Atlno Regni Regis G E 0 R. G II, II. Vicefitno-Tertio. 338 AEI for draw- iag in thel3ilis of Credit &c confirmed, Preamble. C( te CC CC CC CC zc Ueratton Late uutt One Thoufand fcven Hundred and fifty, the exchanging the Bills of Credit, as is above intended, will be rendred inipratticable, and the former Funds and Securities being made void, there will remain a Fund for feventy five Thoufand Pounds only, and theRemainder offaid Bills ofCredit will become of no Value to the Pof%effors : 115e it tij£t'cfele pvobibeb, And it is accord- ingly hereby enacted, that if the Sum granted by Parliament as aforefaid, (hall not be received within this Government on or before the thirty-firft Day of March One Thoufand feven Hundred and fifty, then and in fuch Cafe the feveral Alts of this Province for drawing in the faid Bills, and all and every Part of frid Acts, (hall be and continue in full Force; any Thing in this A& to the contrary notwithflanding ; and all and every Fart of this A& shall be void, and have no further Effed." And whereas certainVeduelions and Stoppages have been made from the a- forefaid Sum of OneI-Iundred and eighty-thrceThoufand fixl-Iundred and forty mine Pounds two Shillings and feven Pence half Penny Sterling ; by Means whereof the whole and every Part of faid Sum has not yet been and cannot be received within this Government before the faid thirty-.fir%l of March One Thou land i fevers Hundred and fifty, which has occafioned Doubts and Uncer- tainty in the Minds of forte whether the laid Act is not or may not thereby become void and of no EfeS : lie it tijcrefo'le euanb bp tlje Lietitellallt cobcrnotit, QCouncil nub t?uufe of ¶t indt:iltattEteo That the faid AI be and hereby is declared to be in as ' hill Force, and fhall have the fame F.f}eet to all Intents and Purpofes as if the exalt Sum of One Hundred eighty-three Thailand fix Hundred and forty nine Pounds tzvo Shillings and feven Pence half Penny Sterling, had been received within this Government without any DeduEtions or Stoppages made as aforefaid ; any ConftruEtion that has been or may be put on the aforefaid Paragraph to the contrary notwithflanding. CHAP. IL An .A6t. to prevent Vexatious Law Suits. �, THEREvex.AS it is the Pctiof divers Perf ns in this G ' W their Neighbours, raand puttoffee; them to exce�ve Co,/ls, by furng thovernmentem to to Tome diflant Court, in fame County of the. Province where neither Plaint nor Defendant is an inhabitant ; and fuch Suits are frequently fuflained, not- withflanding the Law of this Province enables the feveral Ir feriour Courts of Common Pleas, and the Superiour Court of Judicature to try Matters only that happen and arife within the County where the Court is held ; by Reafon where- of manly Inconveniencies have ar fen : For Prevention whereof : .15e it matte)) by try Lieutenant dob£rnottt, Council attb ponce of No perfonal t.eprefentiltibe , That from and after the Publication of this Ael, no perfonal hied to l Action or Suit (hall be brought by any Plaintiff or Plaintiff's (that are Inhabitants cried at Court, of this Government) to any Inferiour Court of Common Pleas in any of the feriour &c. in any Counties within this Province, where neither the Plaintiff nor Plaintiffs by whom Count where fuch Suit is brought, nor the Defendant nor Defendants againft whom fuch Suit neither Party is brought (hall be an Inhabitant within fuch County where fuch Suit is brought is an Inhabi tam. as aforefaid, but all fuch Aftions or Suits (hall be barred, and the Defer ant or Defendants fo fued (hall recover double Coils of the Suit fasting hereInhabants h Saving. Defendant or Defendants againfl whom fuch Suit is brought ; are not of this Province, in fuch Cafe fuch A.Etion or Suit may be brought in any of the Counties within this Province. Provided neverthelefs, in Cafes of Trefpafs vi et l ole is, and Debts due by Bond that by the Face of faid Bond are made local, smay be where the Trefpafs shall have been committed or where faid Bonds have been Provifo. given. mow.-fici,-,,.,,w. ,--iso......--da i-a-+fY.ar--^-'t • N Anno Regni Regis G E 0 R d I I, II. ViceGmo- T crtio. 1749. flourantent ai €out , Qti.crkk5 fine tureD, 3 39 R - VMS. CHAP.III. An Aft in Addition to the Ad to .enable ttivo Juftices to • adjourn a Court upon fpecial Occafi.ons. HRE4S in and by an AS made in thefeven th 2 ear of the Reign of King William the third, Intituled, An A<<t to enable two Juffices to ad- Preamble. journ a Court upon fpecial Occafions; any two of his Majefly's Ju%lices of the Superiour Court of Judicature &c, and l feriour Court of Co7161non Pleas re- fpeCtively,iwhenever fuck Courts by any Providential, neceffary and unavoida- ble Lett or Hindrance of their ./attendance cannot be held and kept on the V ay by Law appointed for holding the fame, are impowred by Writ under their Hands and Seals directed to the Sher f of the County to acCourn filch Court tAdjournment Da ; but may ion ns made in and by faid /S for any fur- therJ which L y found d n c ffa y for the fame Reafons : tie it ticr'ef32ae Ciid;teb bp the Lieutenant Optimunur, Coltncil alto borate of illtprrfeutztctieo, That when and fo often as it (hall happen that either of the faid Courts cannot for any of the Reafons mentioned in the faid A&, be held and kept on the Day to which, by Virtue of the aforefaid AEI, the fame may have been adjourned, or on any Day to which the Juffices of the refpe&ive Courts at their Selfion may have adjourned the fame, or on any Day to which the fame may be adjourned by the General Court ; it (hall and may be lawful for any two of the Juffices of fuch Court, in like Manger as in the faid Act is mentioned, to adjourn the fame to fome further Day : And the Sheriff upon Receipt of fuch Juffices Writ for that Purpofe, (hall conform himfelf to the Di- rettions of the former Law. saitb be it further enatteb, That whenever by Reafon of any extraordinary Lett or Hindrance filch two Juffices cannot, without extream Difficulty, tranf- mit any Writ for the Adjournment of fuch Court to the Sheriff, they may caufe a Notification of fuch Adjournment or Adjournments to be polled up on the Houle where the Court was to have been held, and at fuch other publick Places as they may judge moll fuitable to give fpeedy Notice thereof to the County ; and fuch Adjournment shall be adjudged good to all Intents and Purpofes. A&s and Laws, Palled, by the Great and General Court or Affembly of His Ma - jelly's Province of the Ma f%ichufetts-Bay i n New -England, Begun and Held at Boffin, upon WednefLiay the thirty-firff Day of May, • 1749, And continued by fundryProrogations and anAcljournment to the twenty-fecond Day of March following, and then mer. Two la,ftices im powr'd to adjourn a Court after a Eft Adjourn- ment inCafe. 7 li. ca, r• Manner of notifying fuchAdjourn- ments. CHAP. IV. An A& in Addition to an A& made and puffed in the twen- ty fecond Year of his Majefty's Reign, Intituled An AEI rs G. z. ca. ¢. for drawing in the Bills of Credit of the feveral Denomi- nations which have' at anyone been ijfiied by this Govern- ment and are All outflandillg, and for ajcertaining the Rate of coined Silver in this Province for the future. HERE-I4S in and by an .At? made and palled in the twenty fecond Year of his pr fent Majefly's Reign, Intituled An A& for drawing in the Bills of Credit of the feveral Denominations which have at any Time been ifThed by this Government, and are Rill outfianding, and for af» certaining the Rate of Coined ,Silver in this Province for the future; it is among other Preamble: • {3'6pGer Y%uWY47411.Hadmynorg umaibmnm , i• ,J749. .4"no Regui Regis G E O R G I I, II.• Viccf ino- T cY1'tio. 340 Clerks of the Courts im• powered to adminifier Oaths upon taking out Executions. Fee for ad• miniftring the Oath and for certifying it. r5 G. z. ca. 4, ^-- . ..wweunt d .+flfl aI w..e.r An•IF+40/.-46..m.::.74+..atiLledI V¢ryP„.e� . iqato f Colne other now enacted and declared in the Words following, viz, " That no Ex- ecution "hall be iffued during the Term aforefaid from the Office of any Clerk of any of nceInfcriourCourrs of Con]monPlcas or of theSuperi©urCourts of Jta- clic4ture, for any Sum whatfocver, unlefs the Plaintiff or Plaintiff's (ruing in his or their own Right) fhall firft take the Oath aforefaid, and Certificate thereof fhall be made on filch Execution." And whereas fetch Clerk ex officio is not impowered to adminiflcr fuch Oath, and by Means thereof great Delay nay be occafioned to many Plaint fs, and Lofs and Damage thereby ar fe : 13c, *ref* enncteb, Thar the Clerks of the Superiour Court of Judi- cature and the feveral Clerks of the Inferiour Courts of Common Pleas within this Province, be and hereby are impowered to adminiflcr fuch Oath (when it hath not already been done before a Juflice of Peace, and certified to theClerk) to' any Plaintiff or Plaintiffs whatsoever (ruing in his or their Right and dwelling within this Province) and Certificate may and !hall be made thereof according- ly ; and for adrniniflring the Oath as aforefaid fuch Clerk (hall be allowed three Pence, and no more. aro be it fruity enacteb, That for each Certificate on an Execution, -the Clerk of the Court figning the fame 'hall be allowed tbeeePence lawful Money, and no more ; and the Coft and Charge of fuck Oath and Certificate [hall be added co the Sum in the Execution required to be levied accordingly. rr et 44 CHAP. V. An ALS: for afcertaining the Rates at which coined Silver and Gold and Engli(h Half -Pence and Farthings may pais within this Governinent. Preamble, WHEREAS 1n and by an AO made and pa in the twenty fecond Tear of his prefent Majefly's Reign, Intituled, An Akt for drawing in the Bills of Credit of the feveral Denominations which have"at any Time been if ited by tbis Government and are (till outflanding, and for afcertaining the Rate of coin dSilvcr in thisProvince for the future ; it is enacted in theTfords fol- lowing, viz. That all Bargains, andContra&ts,Debts andDucs whatfocver which [hall be agreed, contrasted or made after the thirty firflDay of Macrh 17 5o, {hall be underflood, and are hereby declared to be in Silver at .fix Shillings and eight Pence per Ounce, and all Spannmill'd Pieces of ight of full 44 Weight (hall be accounted, taken and paid at theRate of fixShillings perPiece for the difcharge of any Contrasts or Bargains to be made after the faid thirty firft Day of March 175o, the Halves, %garters and other lefs Pieces of the fame Coin to be accounted, received, taken or paid in the fame Proportion." And whereas there is great Region to apprehend that many and great Incon- veniencies may arJfe in Cafe any coin'd Silver or Gold, or Englifh Half Pence and Farthings fhould pats at any higher Rate than in a jufl Proportion to Spani/h Pieces of Eight or coin'd Silver at the Rates aforefaid Rates of 115e it trjerefote enacteb ltv the Lieutenant Sotiernour, Council anti 12oufe Coins Rated, of. 1-ttepr'efeiiratftcO, That it fhall not be lawful for any Perfon within this Go- vernrnent from and after the thirty-firfl Day of March One Thoufand feven Hundred and fifty, to receive take or pay any of' the following Coin at any greater or higher•Rate than is allowed by thisA&, viz. A Guinea at twenty-eight Shillings: An Englifh Crown at fix Shillings and eight Pence: An half Crown at three Shillings, and four Pence : An Englifh Shilling at one Shilling and four Pence : An Englifh fix Pence at eight Pence : A double Johannes, or Gold Coin of Portugal of the Value of three Pounds twelve Shillings Sterling, at four Pounds fixteen Shillings : A tingle Johannes of the Value of thirty -fix Shil- lings Sterling, at forty-eight Shillings : A Moidore at thirty•fax Shillings : A. Piftole of full Weight at twenty two Shillings : Three Englifh Farthings for cne Fenny; and Englifh Half Pence in greater or lefs Numbers in Proportion. << << c. ii til i 1 I .A1nno.Regni Regi' G E 0 R G 1 1, II, Vicefimo-Tcrtic . 1750. 3jnteftatc ' * t tc e 341 1nD tic it (maw enattat, Thnt if any Perron within this Government 'hall after the thirty-firft Day of March One Thou(and (even Hundred and fifty, for the difcharge of any Contraa or Bargain, account, receive, sake or pay any of the feveral Species,of C oins before mentioned at any greater or higher Rate than at which the, fame is' hereby regulated, retied and allowed to be ac- counted, received, taken or paid, every Perron fo accounting, receiving, taking or paying the hone contrary to the Dire lions herein contained, (hall forfeit the Sum of fifty Pounds for every fuch Offence, one Moiety thereof to his Majefly for the Ufe of this Government, the other Moiety to fuch Perron or 1'erfons as shall fue for the fame; to be recovered with full Coils of Suit byAStion of Debre Bill, Plaint or Information in any of his Majc(ly•s Courts within this Province. Provided alzvays, and it is hereby declared, That nothing in this Aa fin]] be underflood t� reflrain any Perfon or Perfons from accounting, receiving tak- ing or paying any of the abovemcntioncd Species or Coins in difcharge of any Debts, ContraES or Bargains made before the thirty-firft Day of {March One Thoufand feven Hundred and fifty, at the following Rates, viz. For'any Debt contra&ed before the faid thirty-firflDay of March, aid underflood to be payable in Bills of.the old tenor in fuch Proportion higher or greater than the Rates ret at in this Ael, as forty fiveShillings is to faxShillings ; and for any Debt contraa- cd before the Paid thirty- firft Day of March, and underflood to be payable in Bills of the middle Tenor or Bills of the new Tenor, in fuch Proportion higher or greater than the Rates fet at in this Aft as eleven Shillings and three Pence is to fax Shillings : Any Thing in this A& to the contrary notwithflanding, CHAP, VI. An AES in further Addition to the feveral Ads of this Pro- vince made for the Diftribution and Settlements of the Elates of Iuteftates. WHEREAS by the .Laws of this Province made for the27jributlon and Settlement of theEflates of 'deflates, it is provided that fuch Real E- flates as cannot(without Prejudice to or fpoiling them) be divided among all theChildren of any Perron dyingInteflate and leavingChildren,may be fettled an one or fo many.of them as the Eflate will convenientlq accommodate ; but no Provifaon by Law has as yet been made for the like Settlement of Eflates (inca- pable of a V ivifon among all tbeHeirs) where the Inte/late dies without Iffue : 16e it tbevero;c eoiartcb bp the, ,ieritenantOobeL•tiour, Council nub Pure of iitepeefentatibto, That where the Real EfIate of any Perfon dying Inteffate and not leaving Iftue, cannot be divided among all the Heirs, without great Pre- judice to or fpoiling the whole, the Judge of the Probate of Wills in the County in which fuch Intetlate Perfon laft dwelt, 'hall have Power, and he is hereby authorized to order and aflign the fame to one or fo many of the next of Kin to fuch Intetlate in equal Degree, or their legal Reprefentatives, as fuch Elate will conveniently accommodate without Prejudice to or fpoiling the whole (Preference being given to the Male Heirs among fuch as are of Kin in equal Degree) in Manner as the fame might by Law have been fettled on the Children of the In- teftate in Cafe he or the had left Ilrrte. A. N Penalty for giving more for any the Maid Coins than accord- ing to Efiab- Iifhment. Provifo rola• ting to Bar- gains &c. made before {{larch pit 17 50. 4 lt! Sc M. ca. z. Preamble. Settlement of Intetlate E- ftatcs where there is no Iffue. �. 111111H411:1 hen �1.1 111 Illi 1 1 n, I• , 1 11 1 I I I 1 Anna Regni Regis G E O R G T I, IZ. 'Vicefimo-Quarto. 1.ebtew in COLD Cadet Germans, etc. An A&, Puffed by the Great and General Court or Affernbly of His Majefty's Province of the Ma/chufetts-Bay in New -England, Begun and held at Boflon upon Wedncfday the thirtieth Day of May, 1750. And continued by Prorogations to Wednefday the twenty-fixth of September following. CHAP. L An A el in Explanation of an Ad made in the Reign of King William the Third, Intituled An a for Review in Civil Caufes J'yH'RE4sfirne Doubt has arifen and may arife, whether the ,,Q7 made in the thirteenth Year of the Reign of King William the2"hird Intituled, An ACE for Review in Civil Caufes, extends to judgments given, on Information filed by Imp4 Officers or their Deputies for the Decla- ration of the Forfeiture of Goods by them feized : Explanation 115e it t erefo/e enafteb bp the Lieutenant caabetnone, Countir nnb of an Ad on 1?qufe of ttepjefentatibeg, That the faid Aft doth not, nor ever did, nei- Reviews. ther ought to be confirmed to extend to Judgments given on filch lnformations. Sufficient Room & Pro- vifrons to be allowed to PaiTengers corning in any Vefiel to fettle in this Pro- vince, A&s and Laws, Paired by the Great and General Court or AITembly of HisMa'ef} s Province, of the Maf�chufe, its -Bay in New -England ; Begun and held at Bofton, upon Wednefday the thirtieth Day of ]Wqy, 1750. And continued by Prorogations to Thurfday the tenth Day 7anuary following. C H A P. II. An Ac's to regulate the Importation of Germans and other Paffengers coming to fettle in this Province. HE REAS Germans and otherPerfons may be imported info great Numbers in one Vefel, that through want of neceffary Room anSAc- commodations, they may often contrael mortal and contagious V iflem- `ers, and thereby occafion not only :the .`Death of great Numbers of them in their Pajage, but alto by filch Means on their Arrival in this Pro- vince, thole who may Ji6rvive, may be fo ii felled as to fpread the Contagion, and be the Gaup. of the Death of many others : To the End therefore that flitch an evil PraEtice may be prevented, and In- tonveniencies thence arifng avoided as much as may be ; fie_ it matter' bp the Lieutenant Cllr noun, council anti M9oufe of llteprefentatibw, That from and after the Publication of this AEI, no Mailer or Commander of any Ship, or other VefTel whatfoever, bound to the Port of Boflon, or elfewhere within this Province, (hall import into faid Port of Bo/lois or into any other Port within this Province, any greater Number of PalTengers in any one Ship or other VefTel than fuch only as (hall be well provided with good and wholefome Meat, Drink and other Nece(l;tries forPafTengers and others during the whole Voyage ; and !hall have Room therein to contain for Tingle Frieght or Paffengers of the Age of fourteen Years or upwards, at leaft fix Feet in Length, and one Foot and fix Inches in Breadth, and if under the Age afore- faid Ann') Reg ni R Et: R G I 1, 11. '�Ticc fi m o- .3mpof ation of G:rmans jp3ec ht Court• faid, to contain the lactic Length and Breadth for every two fuch Paf3cnt;ers ; Penally to any and if any Mailer or Commander of an Ship or other Vefli'l rgainfl the Tenor �lel yduent of' this Aa, (Ball impart into this Province any one or greater Number of Pafren- �iailer, gers not accommodated or provided during Pts Vciyagc with good and whole - Ionic Meat, Drink, [Zoom and other Nc'ccfThries as aforefaid, filch ]M'iafler or Commander (hall forfeit and pay for every Pa(I'engcr fb imported into this Pro- vince, the Sum of' five Pounds, to be recovered by AEtion of Debt, with full Colts of Suit,' in any Court of Record within ,this Province : The one Half of find Forfeiture to any one who will fue for the fame .to Effelt, and the other Half to the ProvinceTreaftircr;.tb be applied towards Payment of the Charges andExpences of this Province :, Provided filch A(tion (hall be commenced within the Space of fortyDay s next after any Inch Offence 1hal1 be committed ; or filch Delinquent may be inditted for the fame in the next;. ourr of General Sea -ions of the Peace for the County where the Offence fhall be committed ; and on due Convi(tion be fined at the Difcrction of the Court not exceeding /ve Pounds, for each Pa(Tenger) etcecding the Number by this AEt allowed to be imported as aforerlid, And to the End this Aft and the Proviions herein rude may be wore par- ticularly obf'rved ; tic it fattier ru&ca That the ConlrtaifT1otier of Impofl for t?:c Time be- -rl , ing, or his lawful Deputies, in going on board any Ship et other Veflcl i.nport1 (.;;!icer „ ;In- quired i afl'cn ers either by his or their View, or of ,crwi(i.., , 'ball and is hereby re- De P,r:cs!n• ' quired to inform hinifclf of the Condition and Circum(iances of the i atrennrrs `n . ,r.a, thqu ry on board, and whether they have been provided for and accommodated with the rrtw;,lti, rr, Provifions, Rnom am] other Ncccft:Iries herein dirc&cd : And where at ally t`“cobit( .; ti Time a Deficiency (hall appear ro him or any of them, hc or they (hall forth- on of with give Notice of the fame to fb:r.c one or more of the.; u,(lices of rhe Peace.for the County where the Offence is committed, to the End the Perfon or Perfons delinquent may be fent for or bound over to the next Court of GcncralSellluns of the Peace, then and there to anfv, cr for fuch Offence. Zia be it flirriem £tl:ti £b, That every Meer or CoMinander of any Sh't) or other Vc(bl importing any Pa(lenger or Pa(Tctigcrs to be landed wii hin this Province, who in their PafTigc hither, or loon after their Arrival, may happen ro die, leaving Goods, Chitties, Money or other Effc6}s on board inch Ship or other \Teffcl, or in the Bands or Cutlody of any Each Mailer or Commander, every fuch Mailer or Commander within the Space of' twenty Days next afteg his Arrival, or after the deceare of every fuch Paffenger, (hall exhibit to the Regifler of the judge of Probate of Wills, and granting,Adrnini(tration for the County where fuch Goods and EETtl s fhali be, a true and perfeet lnvcntciry; upon Oath, of all fuch Goods, Chattles, Money or other Effeas to the End that after Payment of all jun Demands which (hall be due to the faid Mafia or Commander, or to his or their Owner or Owners, the Remainder of fuchGoods and Effects may be committed to the Cuflody of fomc proper Perron or Pcrfons, for the Benefit of the Wife and Children or other Kindred or Creditors of the Deceafed, as the Cafe may require, and the Law in fuch Cafe (hall direft. That if anyfuch 'tiia(icr or Commander of any Penalty for Club be it farther £ttatte°, an Mailers fuchShip or otherVc{fcl 1laall ncglec or refute to exhibit filch an Inventory of the ,\1 gief} of ex - Goods and Efteets of any fuchPaifenger orPaffengers fo dying as aforcfcid,every hrbiting an fuch Mailer or Commander (hall forfeit and pay the Sum of 'Two Hundred In°fn ory of Paunch., to be reccvcred and applied as aforefaid. fuch(iouds'x CHAP. 111. An Act for holding a Superiour Court of Judicature Court of Affize and General Goal Delivery at other T Imes than thole already appointed by Law. \ATH R E 4 S the l ime by Lacv appointed fr h,lding the Super,our Pre ambit. Court of �'trdical�ire C: urt �f � .fl�rzr cite Cerpral Gonl mel: �e�y, is • Prov'ilor. f; ' rav':ng Mor °c r f any P: ffenger, that may die tin thePaffage. Lo tnl,n Ir I m e1 1111 H I 111 1 1 1111 111 1 u lr y� 6 I n I 1 1, 1411w III A.6 1,1 1 lu,11 Yd, 11 nI I1IllY1ll. Illn,h 11111 I.41111liu YIlII . 111,14.0, 1 n,VIn.. I! 1751. mild. uM1 nu , p 1/11 l 1 I II 1 1 1 1 I .nno ;Regni Regis G E 0 R (3 I I, Il. \%icclimo-'Marto. Lane )$anhe 344 Governor and Goun'cil im- powered to call a Special Court ofAflize &c., •••••••••••••••••••- blit once in fix !Months in any County, and but once a Tear in. many Coun- ties, by Reafon whereof Felons by making their Efcape, or by the Death of Witnefs, may avoid jut/lice, or great Charges may, arife by keeping fel) °fenders in Goal, as well as Damages accrue toff/ itne f s by being detained until the Time by Law appointed for holding the Court where fuch Offenders are triable : And as there is not by the Laws of this Province fi cletlt Pravr• Pian made for remedylin,; the Inconvenrcncies aforefaid : 115c it meal by tj c Lieutenant C3ob nour, Council nab pork of 7L c ptcfclitat(tieli, That the Governour or Commander in Chief for the Time be- ing, by and with the Advice and Confent of the Council, may upon inch (Ikea - lions by Precept dii•eaed to the Indices of the Superiour Court of Judicature , Court of Affize and General Goal Delivery, order and appoint them to hole a Superiour Court of Jud•icaturc Court of Affize and General Goal Delivery,for inquiring of hearing and determining all fuch Felonies, on certain Days and Pla- ces by them to be appointed in theCounty where fitchOffence byLaw is triable; and that the Indices aforefaid upon the Receipt of fuch Precept, fball caufc Procefs to late for fummoning Grand Jurors and PetitJurors out of thefeveral Towns, as is ufual for the Elated Courts, to attend Bich Special Court at the Time and Place appointed by theJuRices thereof for holding the fame,and make 'out all other necefTary, Procefs, and do whatever elle is or may be requifite�to be done for the holding inch Court, inquiring of fuch Felonies, hearing and de- termining the fame, giving Judgment and awarding Execution thereon, as fully •as the SuperiourCourt of JudicatureCourt of Mize and General Goal Delivery How the InigIt or could do at a Time by Law appointed for holding fuch Court. Court may be Shat' be it limber cnactcl�, That if any fuch fpecial Court cannot be held adjourned. on the Day appointed therefor, any one of the Juflices thereof may adjourn the fame from Time to' Time until fuch Court can be .held. .Acs and Laws, 'rafted by *the Great and General Court or AlTcmbly of His Ma= jelly's Province of the Mf?chrf its=Bay in New -England, Begun and Held at Bofon, upon \Vednefday the thirtieth Day of May., 17 0, And continued by Prorogations and Adjournment tq Wednef:a:a v the twenty-feventh Day of March following. 17 G. z. ca. 3. Preamble; et - CHAP. IV. An A& in Addition to the feveral Laws already -in Being for the more fpeedy iinifhing the Land Bank or Manufafory Scheme. fritE R E ,A S an Affe neat was made by theComntles appointed by the Ael of this Province, pafs.d in the feventeenth Tear of bis pre/ent Majefly's Reign, -Intituled, " An AEt for the more fpeedy .finiflting the Land -Bank or Manufaftory Sclt�li ped ime, " �itthcertain e T3o{}�nzetrc lG� uent Partners , fo called, and faid alp -smell was pt / or Weekly Journal of the 2 t fl, of Augufl 1744 ; and another 4JT isment was trade by faid Commifoners on other di.linquent Partners, fo called, and pub- lifloed in the Bolton Gazette or Wcckly Journal of the t 3th of November 1744, and a further 4/ efsment was made by faid Comm f oncrs on the late ¶ireilors and Partners of faid Company, and p ublUhed in the Supplement to the Bolton Evening; Poll of the 27th of December 1745 : A11 which ,Af efsments have been received in Part only. And whereas by Reafon of the burning of theCourt-Houfe in Bolton andthePapers that were therein relating -to the Land -Bank orManu- .faEtory Scheme,it is now become iricpof ble to afcertain the exati Stem wl.1: ch has been paid by faidV irc5lors and °artners inConfequence of faid4fj'e/srnents,other- wife than from the Books, Papers or other Evidence which may be produced by f faid...3ir-e tors and ,Partners then elves : ., s ' Anno Regni Regis GEORGI I, II. Vicefimo-Quarto: Land Zany 1731,1 i"e it tbecefog enaaeir by tjc ]Lieutenant ®oberllont* ,. Council 'inti Dire&ors and h Via of 3itrprcfetitatibeo, That each and every one of {aid late Dire6tors and i'artncrs to be held to the Partners alienTed by faidCommillioriers whofeNamcs are publifhed in the aforefaid Gazettes orjournals of cPayment of. the 1 d of �ugu/1 t 744,and of the 13th of Novem. t 744, the Sum affix• and the Supplement to Clae Boflon Evening Poll, of the 2 7th of December 1745, ed to their and theirEflates (Mall be held and are hereby declared to be liable to thePayment Names a the $saonGaxette of the Sums affixed to theirNames refpec'fively, laving fuck fart thereof only which �e.c, fait' Directors and Partners or theirkeprefentarives lhall make appear byReceipts saving what or other Evidence, which."{hall he fittisfactc;ry to the Coinmiffioners, has already is already been paid in Difchargc of Paid AfFcfaments ; and each and every of the Paid Di• paid. re&ors and Partners in the feveral Afrcisntents aforefaid, and their Eftates, fhall likewife be held and are hereby declared to be liable to the Payment of Intereft Six percent. added as In. on the whole or fuch Part of their refpe&live Afrefsmcnts as they fhall not make terett. appear w have been difcharged,at and after theRate offix perCent. perAnnum, to be computed ,from the Time fuO Affefsment or fuchPart thereof refpeEtively as 'hall remain unpaid became payable or, due, until the Yale of f-'ayment ; and each and every of the delinquent Partners whole Names were publifhed in the Gazettes of 2 In Airyu%l and t 3th November 1744, and their Eflates as Ten per Cent, aforefaid, are held and hereby declared to be liable to the Payment of the further added. Sum of ten per Cent. arid each and every of the Dircftors and Partners whole Names were publifhed in the Supplement to the Bo/ton Evening -PO of the 27th December 1745, and their Eftates, are held and hereby declared to be lia- ble to the Payment of five per Cent. on the Sums refpe&ively due and unpaid, addcdefo ent. over and above the Intel -eft aforefaid,' in Con(ideratibh of the Charges which have Charges. been caufed by their Nonpayment of their refpecctive Ruts of the Afrefsments aforefaid. .And whereas there appears to be a Balance due from feveral of faid Di- Preamble, reEtors, agreable to a Report of a Committee of the General Court figned John Wheelwright per Order, and dated April 17th 1751, and the Vote or Order of the General Court accepting; Paid Report, amounting in the whole to feven I-Iundred and forty-eight Pounds three Shillings and three (fence Land -Bank .Money, fo called : And whereas it is renfonable that each and every of the fireCtors of faid Company f%ould pay the Sum of forty Pounds Land .Bank Mo- ney, as their Proportion to what the Partners have already been afefed for the Charge and Lofs fte/lained by /hid Land Bank or M•anufa&oty Company, over and above the Stun of twenty Pounds lawful MVloney which has heretoare been afcffed on each of fc,id Vireclors : Lae it tijer'efo e elute), That the feveral Directors {lilt furviving and men- Directors to t tioned'in faid Report, and their Elates, and all's the Eflates of fuch of faid pay . he6 ccs in thalan- e Directors as are deceafecl, be and hereby are declared to be held and made iia- Committees ble to the Payment of the aforefaid Balances as are'refpectively declared by faid Report to be due from them to (aid Company ; and alfa to the further Sum of forty Pounds Land Bank Money each as aforefaid, fuch Payments to be nude in Land Bank Money or lawful Money equivalent, £1nb be it furter elnitch, That if either of the late Directors and Part- ners, or their Heirs, Executors or Adlniniftrators, (hall not have paid theSums which by this t t they the faid Directors and Partners or their Elates are held and inade liahlc to the Payment of, on or before the firft Day of .Augu/l 17 51, then and in luck Cafe the faid Conimiflioners be and hereby are impo'ered and required (any Judgments of Court heretofore obtained and unfatisfied notwith, (landing) forthwith to ifTiie their Warrants of Diflrefs againft .he Perfons or Educes of each furviving Dircetor and Partner, and the Eftates of each Director and Partner deceafcd, from whom any Part of the Sum required by this ACI to be paid as aforefaid 'hall then remain due : Which Warrant !hall be in theForra fancy; ing 1 ,441444 4114,a610 4111m1 111l 1 +n.111 X X 2 To Report. Warrants to be iffued a- gain{{ the Di- ceEtors and Partners. .� 1 , • i. IOIILJ IIs lCi.lilb 1751. Antn© Regni Regis G E O R GI I, II. Vicefinlo-Quarto. 346 Form of the Warrants of Diftrefs. • • Laub 2i ank• To the Sherif of the County of A. his Under -Sherif or Deputy. Greeting. BY Virtue of the Authority given to us in and by an AS made and pafs'd in the twenty-fourth Year of his Majefly King GEORGE the Second, In- tituled, An A& in Addition to the feveral Laws already in Being for the more fpeedy finifhing the Land Bank or Manufac`lory Scheme ; Theft are in his YMajefly's .Name to require you to levy by Dif refs and Sale of the Efiate of A. B. of C. in the County of E. the Sum of Lawful 1Vloney, and bring the fame to us at our Office in Bolton forthwith, returning the Overplus (if any be) to the /aid A. B. and if there cannot be found in your ;Precin�, Eflate fi fcient to difcharge the fame, then you are to commit thefaid A. B. if to be found in your PrecinE, to the common Goal of the County of E. there to remain until he has paid ibe faid Sum of • Lawful :Money and Charges : For all which this /hall be your fi fcient Tarrant ; fave only that if you jhall take the Real Eflate of the faid A. B. that then the faid A. B. his Heirs, Executors, Adminiflrators or Afgns, (hall have Liberty for three Months thereafter to redeem the fame ; and if the fame !hall not be re- deemed within three Months as aforefaid, by paying faid Sum of and Charges, then you are required to fell the fame as aforefaid, and return this Warrant and your Doings thereon. into the Office of .the Regifler of Deeds for the County of E. there to be recorded. Given under our Hands and Seals at Bolton the Day of 175 in the Year of our Sovereign Lord by the Grace of GOD King of Great -Britain, &'c. 7 7 S. D. y. C. Officers im- • And all Sheriff's, their Under -Sheriffs and Deputies,are impowered and requir- pewred to ex- ccute faid ed to execute the faid Warrant on the Perfons whole Names (hall be infected Warrants. therein, or their Eflates Real or Perfonal : And where the Sheriff his Under - Sheriff or Deputy is concerned, fuch Warrant may be directed to the Coroner of the County of A. or his Deputy, and be executedby either befored as fome of faid Perfons are or may be deceafed, or out othe Province, fuchWarrant or Warrants of' Diflrefs (hall be iff.ied, the faid Sheriff's and Coro- ners are hereby impowered and -directed to take fuch Eflate as they may find belonged to fuch deceafed Perfon, or was by Law liable to be taken, if fuch deceafed Perfon or Perfons were then living, and in the Province ; The Eflate taken, whether Real or Perfonal, to be fold, and the Overplus, if any, to be re- turned, as by Law required in ordinary Cafes of Execution or DifIrefs,fave only TbreeMonths that the Liberty of redeeming theReal Eftate (hall extend to stnto three ee Monthss , nlif allowed tore- after being taken ;upon the. �oti ewhich Officer who took the fatne,fhall deem real the fame be not redeemed, the Sherif}o Hates.return the Warrant of Diftrefs, with his Doings thereon, into the Office of Re - Bitter of Deeds in the County where the Lands lie, there to be recorded. • An whereas it may happen that a further Sum may be /Jill neceffaj at obee railed in order to finif the Affairs of the faid Land Bank or Manuf y Company 1113e it further ettacteb, That if the whole Sum which fhall be due and which shall be recovered on or before the firft Day of December 175 ton the feveral AflYefsments aforefaid, and from the feveral Dite&ors for what is by this A& d 1 d t be due -from them !hall not be .fufficient.to exchange the whole of Preamble. Commiffio- ners impow- red to make further Aifef menta, s• ec are o r the Bills of faid Company that are now outflanding, and to pay the Charges that have arifen or may arife therein,then and in fuch Cafe the >nrtheroners of - ore faid be and hereby are impowered and required to m a f t on Directors and Partners in Proportion to the Sum which fhall appear to the SatisfaEtion of the Commiflioners to have been originally received or taken out by each t'erfon, Paving only that each Dire&or fhall be affefled in Proportion as if he had received or taken outtwollundred and fftyPounds,altho' the cerrt 1in Sm , Anno Regni Regis,G E 0 R G'I I, II. Vicefimo-Quarto: Laub /Dant. 1751. 347 Sum by fuch Dire&or received or taken out (hall not appear : And Paid Com Afiefs mentsta miflioners fhall caufe Foch Af(efsment to be publifhed in the Boflon Gazette or be publifhed. Weekly 7ournal,and each of thePerfons who may be fo af(effed and theirEftates (hall be held and are hereby declared to be liable and obliged to the Payment of the refpeEtive Sums on them affefTed iii like Manner as thole DireEtors and Partners who have not paid the former Afrefsments, are by this A& declared to be liable and obliged to the Payment thereof : And if either of the Directors or Partners fo afleffed or their Executors or Adminiflrators (hall not within Gxty warrants Days after the Publication of fuck AfFefsmcnt, pay to faid Commiffioners the be ifined on Sum on fuck Dire&or or Partner a(fcfs'd, the faid Commiflioners are hereby re fuck Affefs- quired and impowered, unlefs fuch Affefsment (hall be fet afide or ditanulled mems. by the General Court, forthwith to ifl^ite their Warrants of Dilrefs againfl the Perfons or Eflates of each furviving Direcgor and Partner, and the Eflates of each Dire&or and Partner deceafed refpectively .; which Warrants (hall be in the Form before pr elcribed by this A& : And all Sheriffs, Under -Sheriffs and their Deputies, and where they are interefled, all Coroners are impowered and required to execute filch Warrants in like Manner, and obferve the fame Rules as prefcribed for the executing Warrants for any of the former Afl'efsments men- tioned in this A& to And whereas in by the aforerecited AC1 Intituled, An A& for the more fpeedy firiifhing the Land Bank' dr NJanufantory Scheme, it is enacted in the Words following; That ,from and after the Publication of this A& the Eflate of each and every filch • ,ireelor and Partner (hall be thereby bound and fub- je(ked to the Payment of fuch Sum or Sums of Money as (hall be aliened ed upon him by the bid Commiffioners or any two of them, with the Approbation and Allowance oftheGreat and General Court of thisProvince (as is herein after men- tioned) for the Redemption of their refpective Proportions of theBills of the faid late Company, and their equitable Part and Share of all Lofles and Charges a- rifing by the faid Scheme, in finch Manner as the fame'wnuld be bound and fub- jeeled by the a&ual Service of Petrels of Attachment upon it at the Suit of•any Creditor according to the ordinary Courfe of the Law and rhe Wage within this Province." 1]3c it tI eurfolt enattrh„ That all every and Part of the Lands and Tene- ments of each and every Director and Partner which were bound and fubje&ed by the faid lafl recited Claufe, in whofe,Pof efion foever the fame now is or hereafter may be, be and hereby is declared to continue to be held, fubje&ed and liable to the Payment or Difcharge of the Sums declared by this Act ref- peclively to be due from or required to be af('effed upon fuch Director and Part- ner, as well thole who !hall be deceafed as thole who !hall have farvived, and {half be liable to be taken by Diftrefs, as if then in the a&ual Pof(effion of fuch Dire&or or Partner. Club be it further tnruteb, That as foon as' the Commiffioners !hall have received a .ftifficient. Sum in their Judgment to redeem the Land Bank Bills, fo called, which may be outflanding, they, (hall give publick Notice thereof in all the Weekly News -Papers publifhed in the Town of Bo/lon three Weeks fuc- ceflively, of the Time or Times and Place or Places in laid Town when and where they will attend to redeem faid Bills, which publick Notice hereby is made and declared to bei a legal Tender CO all and every Pof('efTor and Poffeffors of faid Bills. i ACTS Preamble. Real Eftates fubjeE.ted to fa*isfy the fame, Notice to be given bvCom- miflioners of their redeem- ing the Land Bank Notes. • ti 1 • AI - ih41L411-41•.11i1!kit 411J 1111 I„ 175t, Anna Regni Regis G E 0 R G I I, IL Vicefnno- 348 POD jMantattonz. A&s and Laws, Paired by the Great and General Court or Afi'embly of His Majcfty's Province of the Ma�chufetts-Bay in New -England, Begun and held at Billow upon Weditefday the twenty-ninth Day of May, 1751. Preamble. Freeholders of new Plan- prefetitatibtO, That the Freeholders of every fuch new Plantation be and are cations tohave hereby impowered and required to alienable together on the firft Monday of a Meeting in Augufl next, at the natal Places for holcling their publick Meetings, and being Augufl next to fo aflembled (hall choofe a Moderator and Clerk for faid Meeting ; whichClerk chufeo,nLcersl £hall be immediately fv✓or•n truly to enter and record all fuch votes as shall be Paired at faid Meeting, by a Juftice of the Peace if any be prefent ; otherwife by the Moderator of' faid Meeting : And (hall then proceed to choofe three Afreffors to make a Valuation of Effaces and Faculties of Perfons in fuch Plan- tations, agrcable to Law, and to affefs fuch Province and County Taxes as are or fhall be fel on the Inhabitants of fuch new Plantation, to be paid this or any former Year; as alfo a Collector to levy and collet the fame, which AfTh(fors and Colle&ors fhall be ftvorn to the faithful Difcharge of the Duty of their relpeetive Offices before a juflice of the Peace for the County within which CHAP. V. An Ad to enable and impower the Inhabitants of new Plantations within this Province enjoined and fubjeEted by Law, or that may hereafter be enjoined and fubje&ed to pay Province and ?County Taxes, to affefs, levy and collect the fame. HEREAS there are fitndry new Plantations within this Province by Law erjoyned to pay Province and County Taxes, that are not impowered to choofe the proper Officers to a• efs levy and collet`! the Paid Taxes 13e it ctsaiteb bra the Lieutenant QE5bfaerttour, Council anb ,aottfe of Ee- filch new Plantation lies,if prefent;-otherwife by thcClerk for'faid Fleeting. Inhabitant's of arab Ile it (italic!: Enka, That the Inhabitants of the abovefaid Planta- Neweusto meet tions, qualified as by Law is required of.oters inTown Affairs, are hereby itn- Macmenu - powered and enjoined fonaetime in the Month of March annually to afl'emble A?arch annu- p ally. together (upon due Notice givenby the ColleEtor or Colleaors then in Office, purfuant to Warrant under the Hands of the Alreflors or the major Part of them who fhall have been Taft chofen, and who are hereby unpowered and required to ifliiie fuch Warrant) at fuch Time and Place as (hall be by faid Miceffors ap- pointed ; and !hall then and there choofe a Clerk for faid Meeting, who shall be (worn in Manner as is before prefcribcd for the Swearing the Clerk for the fir(' Meeting, and three A{Teflors, and one or more Collectors to afrcfs and levy Bich Province and County Taxes on find Inhabitants, as they fhall from Time Time be enjoined by Law to pay ; and faid Affefl'ors and Collel`tors as well Duty of Afref fors and .Col- leEEtors of Taxes. • to thole that (hall be chofen on the faid firft Monday of 4ugufl, as thole who (hall -by Virtue of this A& be hereafter annually chofen in faid new Plantations,fhall be liable to all filch Penalties (in Cafe they or any of them fhall refufe to be fivorn and Verve in faid Offices, or in Cafe of any Default therein) as the Adel - fors of Province and County 'faxes for Towns arc by Law liable, or may be fubieEted to ; and raid Ali -ea -ors are hereby impowered and required to make our filch\Varrants (mutatis mutandis) as Afrcffors of County Taxes for Towns re by Law impowered to make out, and to dire,`' the flame to faid Collector or Collectors • and the faid Collector or Collectors are hereby impowered to le- vy, collet end enforce the Payment of all the aforefaidTaxes in all fuch ways, and Regni Regis G E O R G I I IL Vicefimo-Quarto; 1750: Liglkipoure. 349 and by all filch Means as Conflables and Collators of Province and County Taxes arc by Law impowered to do of the Inhabitants of the Towns with-_ in this Province. ; And the Clerk at faid annual Meeting fhall immediately on the Election of Auty of the faid Af effors and Collators, make and give out to the Collc&or or Colleaors Clerks. for the then ]aft 1'recceding,Year a Lift of the Names of thole Perfons who (hall be chofen Afrcffors and ColleEtors at fitid Meeting for the editing Year, which ColleEtor or Collators fhall forthwith thereupon fummon each of laid Afrefrbrs and Colleaors for the then,erifuing Year, :to appear at a certainTiree andPlace, within the fpace of feven Days froni the Time of thcirEleCtion,before a Juftice of the Peace, if any dwell in fuch hew Plantation,or otherwife before thcClerk chofcn at Paid Meeting, to take the .Oath (mutatis mutandis) which Afrefl'ors and Colleaors of publick Taxes for Towns are by Law enjoined to take, which , Oath laid Clerk in filch Cale is hereby impov:'cred to adminiflcr. And to the Intent that the Inhabitants of fait] new Plantations may have due Notice and Warning given them of the Meeting, which they are before in this Ad impowered and required to hold on the frit Monday of Auguf' next, and of the Ends and Purpofes thereof : Be it ctta:ttu, That each Clerk of the Court of General . Seri -ions of the cierk of the Peace for the feveral Counties within this Province wherein any of the aforefaid Peace in the new Plantations lie, fhall in force convenient Time before the faid firftMonday County ro no. of Au;ufl next, make and caufc to be delivered a warrant under his Hand.di- ing ire iVjr reeled to force principal Inhabitant in each of faid new Plantations within their ne �n �lugrf. refpeSive Counties, therein exprcfling the Timc, Place and Purpofes for hold- ing faid Meetings, and requiring fuch Inhabitants to notify all the Inhabitants of foie! newPlantations (qualified as in thisA& is provided) of faid Meeting, and the Time, Place and Purpofes thereof, rhrceDays at leaf' before theTime fat in this, Aft for holding the fame ; which Warrant the Inhabitant to whom faid wart• rant (hall be directed, is hereby enoined and required to execute, and make Re= turn of under his Hand into faid Meeting, under the Penalty of forty Shillings, to he recovered by Complaint, Information or A6 ion. of Deft before any of His Majefly's Juffices of the Peace for the County wherein faid Inhabitant (ma- king Default in the Prcmiflcs 'hall dwell ; ) ,faid forty Shillings to be for the Ufe and Benefit of the Perfon or Perfons who fhall inform or fire for the fame: 4 1 1.4 4111 CHAP.'VI. An Ad in .Addition to an A& made and paired in the fun Year of the Reign of his Majefry King George the grit, Intituled A-1, f or,building and maintaining a Light Houle upon the Great Brcwiter (called Beacon-Ifland' at` the Entrance o, rthe Harbour of Bolton. HER;EAS the Light Houle at the Entrance of tic Ifarbour of B>ofon hath been ,greatly damaged by Fire ; and it bath been ordered by this • Court that ithould be repaired ; and it beim' rcafonable that the Charge of f cels Repairs fhould ve born by thole who receive the immediate Benefit there©f i u;e it tijeuelgc cttartn bp try tfetttena.titt, C5p»rvnattr, totti3cil anis il?oure of JRtprr[ttltattbci, That the Commiffioner of Impofl tic and hereby is*dirc& cel. by himf;cl.f and his- fevcr.al Deputies, to „demand, and receive of the Matter of of every Wird (which within the Space of two Years from the Publication of this Aft (hall Clear out from any Poi t within this Province, being bound to any Port without this Province) over and above what is already by Law provided, the foflowingRates at ea chTimc of Clearance ;vis~,. For every Ycflil of 1efs dun one Hundred 1 LIJ D ill 11 J., 1 I, h oho ki 1.•IIo 1.111 gilt. 1 • .1 1. 1 •• 1 1 e ml I • 11 lIII 1..11 i. 41 44 Preamble. New Duty for the Light- Houfe. t C. ca. t. . b l I. . I 1. • I- J l ld 11,,i II II I? i 1 J tl r J.111111, ylj 111111 Ilii oil id. J11 1411HI Nl,l 111 ill^�1.11• I>5I. 3.50 It' Ida !ilPh it .13 11 1 ! 11 I Ann'o .12egni Regis G E 0 Et G I !, II. Vicefirihp-Quarto. 2ttteratton of Cotr.rtr, Prcza Qle, Time Tor holding the Courts at Con cord altered. Prorelies to remain good. Preamble; I ttndred Tons tzvoSbillings ; for everyVeffcl of above oneH undyed 'Tons, and not exceeding two Hundred Tons, threeShillings; and for everyVcfl'cl of'above two Hundredi'Tons, fourShilling.r,; The Tonnage to be computed according to what fuch \'¢fids may Mea fnre in Carpenter's Tonnage, and not according to the Regifter of fuck Vefhel : And the Paid Commiflioner of Impoft !hall once in every Quarter oftheYear pay':uchSums as he or his Deputies 'hal l receive for the afore- faid Duties, to,the Province Treafiirer; CO be applied to the Ufes aforefaid. CHAP, VII. AnAd for altering theTime appointed for holding the Court - 'of General Seffions of the Peace and Inferiour Court of Common Pleas at Concord within and for the County of Middlef ex. \V. HEREAS the Time appointed by Law for holding the Court of Gene- ralSeon.r of thePeace and Inferiour Court of Common Pleas at Concord, ivitbiti and for the County of Niddlelex, is foundtto be inconvenient : `.Fe it tjertfo0 enthral Imo the ]Lieutenant caoberuour, council allyl ootire o 1&eprefeutatibe , That theTirne for holding the faidCourt ofGeneralSeflions .of -the Peace and Inferiour Court of Common Pleas at Concord for the County of .Middle%ex, !]gall henceforth be on the firft Tuefday of September annually and all Officers arid, other Pcrfons concerned, are required to conform themfelves accordingly. , _an] be it fttCtljel' dtacteb, That all Writs, Snits, Plaints, Proceffes, Ap- peals, Revietivs, Recognizances, Warrants, or other Matters or Things whatfo= ever which now are, or at any Time before the Paid firO Tuefday of September thall be ifTued, taken or depending in the faid County of Middlfex, which were to have been returned or proceeded on At the.Time heretofore appointed by Law for holding the Paid Courts at Concord, than be valid and hand good to all Intents and Purpofes in the Law, and (hall be returned and proceeded on at the Time appointed by this Aft for holding the fame. CHAP. VIII. An A& for altering the Time for holding the, Court of General Sefiions of the Peace and the Inferiour Court of Common Pleas for the County of Nantucket. WHEREAS the, Time by Law appointed for holding the Court of Gene- ral Setons of the Peace, and Inferiour Court of Common Pleas for the County of Nantucket, on the lafl' Tuefday of March annually, is found on diverfe Accounts inconvenient : Time for Zeit tf ecefole mita] hp tt a flagellant ooernour, Council attb pouf holdi That the faid Court of General Sefl'ions of the Peace and rocket courts s �• �,aptiefelltAtibe�, , altered. Inferiour Court of Common Pleas appointed to be holden for the County of Nantucket upon the laic Tuefday of March, (hall hereafter be holden and kept upon the firft Tuefday of March annually. .._......�...F,._,...-.._...,.....111110 At Anno Reg7ni Regis G E O R G I I, II. Vicefirno-Quarto, 175! cguiattoit of the ,q,ntte. , At the Parliament begun and holden at We ninnaer, the Tenth Day of November, /Inno Dom. 1'74 7,in theT'wenty— firtf Year of the Reign of our Sovereign Lord GEORGE the Secorid, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith,& c. And from thence continued by, feveral Prorogations to the Seventeenth Day of fanuary 175o, being the Fourth Sef'ion of this prefent Parliament. C II A P. IX. An Act for Regulating the Commencement of the Year and for Corre&ing the Calendar now in Ufe. H E R E A S the legal Suppuration of the Year of our Lord in that Part of Great Britain called Eng/and, according to which the -Year begin- neth on thc Twenty fifth Day of 117arch,,hath been found by Experi- encc to be attended with divers Inconvcniencies, not only as it differs from the Ufage of neighbouring Nations, but alfo from the legal Method of Computa- tion in that Part of Great -Britain called Scotland, and from the Common Ufage throughout the whole Kingdom, and thereby frequent Nliftakes are occafion- ed in the Dates of Deeds, and other Writings, and Difputes arife therefrom : And whereas the Calendar now in ufe throughout all his Majelly's Brig Domini• ons, commonly called, The 7 ulian Calendar, hath been difcovered to be erro- neous, by Means whereof the Vernal or Spring Equinox, which at the Timeof the General Council of _Nice, in the Year of our Lord three Hundred and twen- ty-five, hapnned on or about the Twenty-firft Day of March, now happens on the Ninth or Tenth Day of the Thine Month ; and thc laid Error is (till cncrea- fng, and if not remedied, would, in Proccfs of Tinic, occafion the feveral Equi- noxes and Solstices to fall at very di(:crent Times in the Civil Year from what they formerly did, which might tend to mi'lead Pcrfons ignorant of the laid Al- teration : And whereas a Method of correcting the Callendar in fuch Manner as that the Equinoxes and Solffices may for the future fall nearly on the fame no- minal Days, on which the fame happened at the Time of the Paid General Coun- cil hath been received and.eflablifhed, and is now generallytpraetifed byalmoft ail other Nations of Eurcpe : Aod whereas it will be of general Convenience to lerchanrs, and other Pcrfons corrcfponding with other Nations and Countries, and tend to prevcntMiftakes and Difputes in or concerning the Dates of Letters and Accounts, if the lihe Correction be received and eftablifhed in his Majefiy's Dominions_: May it therefore pleak yourMajefly, that it may be enacted ; 4,4nd Y y be ,35t Preamble, ,lilVu•iu• ✓fI11�I�.ill�ui lou • • ars e Anub Regni IZegi.r G E 0 R GI I, II. Vicefimo-Quarto. 352 iacgutatton of, the I a I • be it enaCled by the King's moll Excellent Ma• jelly, by -and with the Advice and Content of the Lords Spiritual a•nd Temporal and Commons, in this prefent The old Sup- Parliament_ a!erlibled,and by. theAuthority of the fame,T hat in and throughout :potation otftthe all his Ma•eft 7s Dominions and Countries in Europe, 1A ta, A rica and America, be made ufcof ;bclon in J or fub•eEt to the Crown of Great-Britain,t1i faidSu utation,accord- gg J 11' afterDtcai7St .ing to which theYear of oar Lord beginneth on the Twenty-fifthDay of March, •'hall not be made We of from and after the lafI Day of December, One Thou- fand fevcn.,Htindred and Fifty-one; an'd that the ..firft Day of January next .following the faid Ja(l Day, of Vecember,fhall be r-eci bned,taken,deemed,and ac- counted, to be the fir.lt Day of the Year of our- Lord One Thoufand feven Hun- dred and fifty-two ; and the first Day of *January which fhall , happen next • :after, the Paid Crit Day of 7anuary One Thoufand feven Hundred and {ear to com• fifty.two, (hall be reckoned, taken, !deemed, and accounted, to be the fir( mence,for the Day of the Year of our. Lord One Thoufand feven Hundred and fifty three, future on t • and fo on from Time to Time,.the firff Day of 7anuary, in every Year which ,'hall happen in Time to come, !hall be reckoned, taken, deemed and accounted, to be the firfl Day of the Year ; and that each new Year (hall accordingly coni- merfce, and begin to he .reckoned, from rhe fir Day .of every , fuch Mo nth of h; .January, next preceeding the Twenty-fifth Day of March on which fuch Year The Days to would, according to the prefent Supputatron have begun or cornnienced : And be numbered that from and after the Paid Crit Day of Jdnuary,OneThoufand feven Hundred inder,anfatiehe .and fifty'two,the feveral Days ofeach Month fhall go on,and be reckoned and num- • bred., in thefameOrdcr ; and theFeaft of Ea%ler,and other moveableFeafls there• Moveab,e Feafls tobeaf on depending, 'hall be afcerrained according to the fame Method, as they now certained, as are, until the fecond Day, of September, in the faid Year One Thoufand fever they now are, Hundred and fifty two inclufive,; and, that the natural Day next itnmediatel�i Until z Septr.followi'hall be called, reckoned, and ac - .1752 neiouve; ng tale „hefecond Day of Septe�nbeir, .and the Day counted, to be the fourteenth Day of September, omitting for that Time only the followed to be Eleven intermediate nominalDays of the commonC alendar ; and that the feveral accounted omittirn¢g natural Days, which (hall follow and fucceed next after the faid fourteenth Day . .for that Time of Septetber, (hall be refjpeelively called, reckoned and iiurnbred forwardsin the intermedi- numerical Order from the faid fourteenth Day of September, according to the Or-, ate t t Nomi- der and Succef7ion of Days now ufed in the prefent Calendar : And that all Alts, nalDays. Deeds,\Yritings, Noies, and other Inflruments of what, Nature or Kind foever, All Writings whetherEcclefiaflical or Civil, publick'or private which (hall be made, executed, after i Tan. or figned, upon or after the faid firft Day 'of 7anuary, One Thoufand fiven 1752, to be Hundred and fifty-two, (hall bear Date according to the faid new Method of dared accord Supputation ; and that the ri wo fixed .Terrnsof Saint Hilary and Saint .Michael, ing co theNcw in that Part of Great -Britain called England, and -the Courts of great Se Irons, Stile. in the Counties Palatine and in Vales, and alfo the Courts of General Quarter Seflions, and General Seflions of the Peace, and all other Courts of what Nature or,Kind foever, whether ,Civil,, Criminal or Ecclefiaflical, and all Meetings and T?dairy and ,AfThmblies, of' any Bodies Politick, or Corporate, either for the EJeetion of any Michaelmas Officers or Members thereof, or for any fuch Officers entering upon the Exe- Terms,, &allcution of their refpeFtive Offices, or for any other Purnofe whatfoever,�vhich by ,Courts, toh be anyLaw, Statute, Charter,Cuflom or Wage, within this Kingdom or within ala held on the g g Y famehlorninal other the Dominions or Countries fubje&t or belonging to the Crown of Great - Days and Britain, are to be holden and kept on any fixed or certain Day of any Month, or T mes they on any Day depending upon the Beginning, or any certain lay, pf any Month now are, after (exec pt fuch Courts as are ufirall holden or kept with anyFairs or Marts the faid z5ept 1Y p ) (hall, from Time to Tithe from and after the faid fecond Day of September, be holden and kept upon or according to the fame refpe&tive nominal Days and Times, whereon or according to which the fame are now to be holden, bur Courts held which (hall be confuted according to the faid new Method of numbering and with Fairs of reckoning the Days of the Calendar, as aforefaid ; that is to thy, Eleven Days Marts except- fooner than the refpeFtive Days whereon the fame are now holden and kept ed' Any Law, Statute, Charter, Cuflom or Vfage to the contrary thereof in any wife notwithstanding, And 2 iI 111 1 .e, I . ,Ano Regni Regis G E O R GI I, II. Vicefimo-Quarto, 175T acguta$uon of Etc tttc. 353 And for the continuing and preferving the Calendar or Method of Reckoning Hundredth and computing the Days of the Year in the fame regular Courfe as near as may Mars, except be, in all Times corning ; Be. itfurther enafled bythe Authorityaforefaid, Herd 1 xcep. f Hundred, to That the feveral Years of our Lord, One Thoufand cightHundred,OneThou- be deemed land nine Hundred, Two Thoufand one Hundred, Two Thoufand two Hun- Common dred, Two Thoufand threeHundred, or any otherHu.ndredthYears of ourLord, Years confit}• n which fhall happen in Time to corne, except ,only everyi Fourth hundredth Ycar Dagyofs. 365 of our Lord, whereof the Year, of our Lord Two thoufand (hall be the Firfl, !hall not be efleemcd or taken,to bc, BifTexrile or Leap Yeats,but (hall be taken to be Common Years, confifling of Three hundred and fixty five Days, and no more ; and that the Years of our,Lord,Two thoufand,Two thousand foul—Hun- Years which dred, Two thoufand eight Hundred, and every (Oct .Fourth hundred Ycar of are w be ac-. our Lord, from the Paid Year of our Lord Two thoufand inclufive, and alio all counred 3it;cx other Years of our Lord, which by the prefent Supputation are efteemed to be Ye rsr Lefi t- BifTextile or Leap Years, fhall for the future, and in :ill Times to come, be efteemed and taken to be Bifrexti,c or Leap Years, confifli.ng of Three hundred and fixty fix Days, in the fame Sort and Manner as is now tiled with refpe6t to every Fourth Year of our Lord, _ And whereas, according to the Rule 'prefixed to theBook of Common Prayer of the Church of &gland, Eafler-day is always theFirfl Sunday after theFirfl Full Moon which happens next after the One and twentieth Day of Marchand if the Full Moon happens upon a Sunday, Eaflcr-day is the Sunday after ; which Rule was made in Conformity to the Decree of rhe Paid GeneralCouncil of "Vice, for the Celebration of the fait' Feaft of Ea/ler : And whereas the "Method of computing the Full Moons now ufed in the Church of England,and according to which the Table t� find Ea/ler for ever, prefixed to the faidBook of Common Prayer, is formed, is by Procefs of Time become confiderably erroneous : And whereasa Calendar, and alfo certain Tables and Rules for the fixing the trucTime of the Celebration of the faid Feaft of Eaf er,and the find- ing the Times of the Full Moons on which the fame dependeth, fo as the Earle Udall agree as nearly as may be with the Decree of the faid Geiperal CounciI,and alto with the PraEtice of Foreign Countries, have been prepared, and are here- unto annexed ; Be it therefore further enac`fed by the .Authority aforefaid, That the faid Feat} of Ea er, or anyof the Moveable Feafls thereon depend- Tabland theeEnid ing, fhall from and after the faid Secp Second Dayof September, be no longer kept column of he or obferved in that Part of Great -Britain called England, or in any other the `olden Num - Dominions or Countries fubje&k or belonging to the Crown of Great Britain, hers, to be left outinall future according to the faid Method of Supputation now ufed, or the faid Table pre- Editions of fixed to the faid Book of Common Prayer; and that the faid Table,and alto the that Book, Column of Golden Numbers, as they are how prefixed to the ref peelive Days and lteNew of the Month in the faid Calendar, (hall be left out in all future Editions of the ;akndayFa- fadBqok ofComruonPrayer; and that the faidNewCalendar,Tables, andRules, Rules, to be hereunto annexed, (hall be prefiked to all fuch future Editions of the faid Book, prefixed,inthe in the Room and Stead thereof; .and that from and after the faid Second Day of Roomthereof September, all and every the fixed Feaft-days, Holy -days, and Faft-days,which The reafts are now kept and obferved by theChurch of England,and alfo the feveral folenan• and 1fea9'c- Days of Thankfgiving, and of Falling and Humiliation, which by virtue of any of the Church .Aa.of Parliament now in Being, are from Time to Time, to be kept and ob- to be obferved fcrved, (hall be kept and obferved on the refueelive Days marked for the Ccle- after the faid bration of the fiime in the faid New Calendar ; that is w fa On the fame ref- 2 sr tong CO.r. ] � Y� n aCCOrdI(lg CO pecclive Nominal Days on which the fame are now kept and obferved ; but which the ri'etiv Ca - happen Eleven Days fooner than the fame now do ; and that the faid Feaft of Eafier, and all other Moveable Feafls thereon depending, {hall, from Time to Time, be obferved and celebrated according_ to the faid New•Calendar, Tables, and Rules, hereunto annexed,in that Part of Great -Britain calledEn_?land,and in all the Dominions and Countries aforefaid, wherein the Liturgy of the Church of England now is, or hereafter 'hall be ufed ; and that the Two Tvloveable ing of 3% Days. Eaf er and the ocher Move- able l'caits, not to be ob- ferved, after the faid zSept. according to the Table now prefixed to the Book of Common Prayer. WINO i ho ,Id l ill,. 1.1111141 .l 1 all.•I 11 f11 Y y Terms .1„1,1111I'.Idlll. ,d 11 1141111 11 hd 1 dl, ,dI II..1111 'III, I1L 1 •IFIG1h1e11Y1lIL it u0111. Illi) 1 1,1 11 1 ,1 , 6 1751. Ann Rcgni Regis G E 0 R 01i, II/ Vicefirno-Qi,artco, . 354 lacgutatton of Mc the • Terms of Ea/ler and Trinity, and all Courts of what Nature or Kind foever, and all Meetings and Affemblics of any Bodies Politick or Corporate, and all Markets, Fairs, and Marts, and Courts thereunto belonging, which by any Law, Statute, Charter, Cullom, or Ufage, are appointed, tired, or ac- cu(lomcd to be holden and kept at any Moveable Time or 'Times depending Upon the Time 'of Eafler, or any other filch Moveable k eaft,as aforefaid, (hall, from Time to Time, from and after the Paid SecondDay of Septemher,be holden and kept on fuch Days and Times whereon the fame (!tall rcfpcitively happen or fall, according.to the happening or falling of the Paid Feat of Eafler,or fuch other Moveable Feafls as aforefaid, w be computed according to the Paid New Calendar, Tables, and Rules. And be it further Enaeled by the Authority' Courts of Scf- aforefaid, That the fcvcral Meetings of the Court of Seflion, andTcrms fixed lion and Ex- for the Court of Exchequer in Scotland, the April Meeting of the Govcrnour, chequer in Bailiffs and Commonalty of the Company of Confervators of the great Level of Scotland, and the Fens, and the holding and keeping of all Markets, Fairs, andMarts,whethcr Markets,Fairs and Marts, to for the Sale of Goods or Cattle, or for the hiring of Servants, or for any other be held upon Purpofe, which are either fixed to certain Nominal Days of the Month, or de - the fame Na- pending upon the Beginning, or any certain Day, of any Month, and all Courts tura! Days e g Incident or belonging to, or uftutY en .orany ll holdkeptwithfuchFairs orMarts, they fhould have been fixed to Inch certain"Times as aforefaid, Thal] not, from and after the faid Second holden on, if Day of September be continued upon, or according to thcNominal Days of the chisAa had not een Month, or the Time of the Beginning of any Month, to be computed accord - made. ing to the faid New Calendar, but that from and after the faid Second Day of September, the fitid Courts of Scflion and Exchequer, the laid April Meeting, and all fuch Markets, Fairs, and Marts as aforefaid, and all Courts incident or belonging thereto; fhall be holden and kept upon, or according to the fame Natural Days, upon, or according to which the fame fhould have been fo kept or holden, in Cafe this AEt had not been made ; that is to fay, Eleven Days later than the fame would have happened,according to the Nominal Days of the faid New Supputation of Time, by which the Commencement of each Month, and the Nominal Days thereof, are anticipated or brought forward, by the Spate of Eleven Days ; anyThing in this A61 contained to the contrary thereof in any wife notwithflanding. And whereas, according to divers Cufloms,Prefcriptions, and Ufages,in certain Places within this Kingdom, certain Lands and Grounds are, on particular, No- minal bays and Times in the Year, to be opened for Common of Paflure, and other Purpofes ; and at other Times, the Owners ar.d Occupiers of fuch Lands and Grounds have a Right to inclofe or 'hut up the fame, for their own private Ufe ; and there is, in many other Inflances, a temporary and diflin<<t Property and Right veiled in different Perfons, in and to many filch Lands and Grounds, The Natural according to certain Nominal Days and Times in the Year : And whereas the Days and anticipating or bringing forward the faid Nominal Days andTimes,by the Space Times for the of ElevenDays,-according to the faid NewMethod of Supputation, might be at - opening and tended with many Inconveniencies ; Be it therefore fiurtherdeclared,provided, inch\fing of and enaccled by the Authority aforefaid, That nothing in this Aft contained Commons of fhall extend, or be conflrucd to extend; to accelerate or anticipate the Days or Pafture•,notal-p tered by this Times for the opening, inclofing, or (hutting up any fuch Lands or Grounds as Aa• aforefaid, or the Days or Times on which any .fuch temporary or diftin& Pro- perty or Right in or to any fuch Lands or Grounds as aforefaid is to com- mence ; but that all fuch Lands and Grounds as aforefaid, (hall, from and after the faid Second Day of September, be, from Time to Time, refpe&tively opened, inclofed or 'hut up, and fuck temporary and diftinct Property andRight in and to fuch Lands and Grounds -as aforefaid, (hall commence and begin upon the fame Natural Days and Times on which the fame fhould have been fo ref- pe6tively opened, inclofed, or Phut up, or would have commenced or begun, in Cafe this 4(t had not been made ; that is to fay, Eleven Days later than the fame • —47 ,r?nno Rep F. 0 f G I I, II, Vicc'fimo-Quarto iaccsulatv •t of tijt teo)ttLt. 355 r.... ..-.r 'r.•••.a..rs ••. II? S b9h.�".lAefa.fe•n.w.r+�r fam'c would have happened, according to the faid New Account and Supputation of Time, fo to begin on the faid Fourteenth Day of September as aforefaid. Provided a fo, and it is hereby further declared and cnac`lcd, That nothintr in this prefent Acct contained (hall extend, or bc,conflrucd to. extend, to accele- rate or anticipate the Time' of Payment of any Rent or bents, Annuity or An- nuities, or Sum or Sums of ,Money whatfoever, which (hall become payable by Vcrtue or iii Confcqucnce of any Cullom, Ufage, Lcafc, Decd, Writing, Bond, Note, Contract, pr other Agreement whatfoever, now fitbfifling, or which fhall be made, figncd,fcalcd, or entered into, at any Time before the Paid Fourteenth Day of September, or which fhall become payable by Virtue of an Ari or Acis of Parliament now in Force, or which fhall be made before .the fail Fourteenth Day of September, or the 1 ime of doing any Matter or -(thing direEted or re- quired by any fuchA& or A<<ts of Pal liament to be done in Relation.thereto; or to accelerate thePayment of -,or increafc the Intereft of, any fuch Sum of Money which (hall become payable as aforefaid ; ©eto accelerate the 1 irne of the delive- ry of any Goods, Chattels, Wares, Mer.chandize, or other Things whatfoever.; or the Time of the Commencement, Expiration, or Determination of anyLcafe or of the Dell vcryof Goods. or Demife of any Lands, Tenements, dil Hereditaments, or of any other Con- trael or A greemcnt whatfoever ; or of the accepting, furrendering, or delivering up the PofTef lion of any fuch- Lands, Tenements, or Hereditaments ; or the Commencement, Expiration, or Determination of any. Annuity or Rent ; or of any Grant for any Term of Years, ofwhat Nature or Kind Eimer, by Virtue or in Confequcnce of any filch Deed, Writing, Contrael or Agreement ; or theTime of attaining the Agc of One and twentyYears, or any otherAge requifitc by any Law, Cuftom,orUfage,Deed, Will, orWricing whatfoever, for the doing any 61, or for any other Purpofe whatfoevcr,by any Pcrfoh or Perfons now born, or who 'hall be born before the faid Fourteenth Day of September, or the Time of the othe r ofAgattaeionf►ng Expiration or Determination of any Apprenticefliip, or other Service, by Virtue 2i Years,&c. of any Indenture, or of any Articles under Seal, or by Reafon of any Pimple not altered by Contrast or Hiring whatfoever ; but that all and every fuch Rent and Rents, this Aft. Annuity and Annuities, Sum and Sums of Money, and the Intereft thereof, fhall remain and continue to be due and payable ; and the Delivery of fuch Coeds and Chattles, Wares and Merchandize,'hall be made ; and the faid Leafes and Demifw of all fuch Lands, Tenements, andHereditaments, and the faid Contracts and Agreements,fhall be deemed to commence, expire, and determine ; and the faid Lands, Tenements, and Hereditaments, (hall be accepted, furrendered, and delivered up ; and the faid Rents and Annuities, and Grants for any Term of Years, (hall commence, reale, and determine, at and upon the fame refpective Natural Days and Times, as the fame fhould and ought to have been payable or made, or would have happened, in Cafe this A& had not been made , and that no further or other Sum (hall be paid or payable for the Intereft of any Sum of Money whatfoever; than filch Intercf}'hall amount unto, for the true Number of Natural Days for which the principal Sum bearing fuchlntereft (hall continue due and unpaid ; and that no Perfon or Perfons whatfoever (hall be deemed or taken to have attained the faid Age of One and twenty Years, or any other fuch Age,as aforefaid,or to have completed theTime of any fuchService,as aforefaid, • until the full Number of Years and Days (hall be elapfed on which fuch Per - fon or Perfons refpectively would have attained fuch Agc, or would have com- pleted the Time of fuch Service, as aforefaid, in Cafe this Act had not been .made ; any Thing herein before contained to the contrary thereof in any wife notwithfianding. 'Phe Natural Days and Times ofPay- 'ment 01Rents, Annuities, Sums of Mo- ney, or Intet- rclt, Commence- ment or Expi- ration of ',ca- fes, &'c. a lia...��i...�..l. a... .. �. sallk•.au PwMna.i.l i..aWSOW ..... 1—. •. • •I �. ACTS u l n l i Ill Ili II iW I .11 ill i I I/ lII.lit .10 ilIMill i Ii, 1 I 111 1 1111 I 1 ill 11 kilt I,I 1.11111.@I .IIJ p�aa iii 10, 5 { f. '7-"',. 356 Anna ReguiRegis GEORG11, I1. Via: 13 W. ca. 19. Cloat;aingand other Goods fufpeEled to be intc�`1ed 'Town within the f'rovince, or flan Parts without the Province, any Ii ggage, liable to be itop'd and tf . Combing, or Goods of any Kind foever, and it fhall be made to appear by the tur'd. Scicc`f-Men of the Town (or major Part of them) to which fuch Baggage, Cloath- ing or other Goods fhall be brought to the Satisfac`.tion of any one of his AI:jelly's Jufliccs of the Peace, that there is kilt Cattle to Infra fuch l3aggage, Cloath.- ing or other Goods to be infeaed with the Plague, Small -Pox, Pcflilential Fever, or other malignant contagious Di(temper, it fhall and may be lawful for filch Tuflice of the Peace, and he is hereby required in fuch Cafe by Warrant under his Hand and Seal direCied to the Sheriff or his Deputy or any Conflablc of the Town in which filch Baggagc,Cloathing or other Goods (hall be, requiring him 'ro ituprefs fo many Men 'as faid Juflicc fhall judge neceflary to fccure fuch Bag- gage, Cloathing or other Goods to be be feeured, and faid Men to fit and poR as a Guard and Watch over the Houle or Houres or other Place or Places where fuch 13;aggag'c,Cloathing or othcrGoods fhall be Iodged ; whichGuard andWatch are hereby required to take effectual Care to prevent filch Baggage, Cloathing ,or other Goods being removed or iritermedlcd with by any Pcrfons whatever, until due Inquiry, be made into the Circutrflances thereof ; and in Cafe it fhall appear to the faid ,1uflice highly probable that fuch Baggage, Cloathing or other Goods are infcaed with the Plague, Small -Pox, Pcflilential Fever, or other malignant contagious Diflemper, 'faid Juflice is hereby impowred and dire&ed to ifTtic a 'Warrant under his Hand and Seal directed to the Sheriff or his Deputy or the Conflable of theTown where fuch Goods, Cloathing or Baggage (hall be, requiring faid Sheriff, Deputy or Conflablc to remove faid Baggage Cloathing or other Goods, to fome convenient Houle or Place from whence there (hall be the lean Danger of the Infe&ion's Spreading, or being conveyed', there to remain until fuch Baggage, Cloathing or other Goods (Ball be fufliciently aired, and un- til it (hall appear to the Satisfaction of the Sele&• nen of the Town where filch Baggage, Cloathing or other Goods (hall be, that they be free from all InfeCli- on ; and faid Sherif, Deputy Sheriff or Conflablc in the Execution of faid War- rant, are impowred and dire&cd if need be, to break up any Houle, \Varchoufc, Shop of other Place or Places (particularly mentioned in fuch Warrant) where fuch Baggage, Cloathing orothet Goods (hall be; and in Cafe of Oppofition or Reliiflance, to require fuch Aid and Afiflance as (hall be necefliiry to effe8 the Removal of filch Baggage, Cloathing or other Goods, anis repel the Force and Refiftance which (hall or may be made thereto : And all Perfons arc hereby re- quired at the Commandment of either of the faid Office's having filch Warrant (under the Penalty of forty Shillings to be recovered before the Ju(1'icc granting the fame) to affift faid Officer in the removing faid Baggage, Cloathing or other Goods; un1etS they make an Excufe to the Satisfa.tion of fuch Juftice; and the Charges fro tin itt Cafe of Mlunc ,A &s and Laws, Pafled by the Great and General Court or Affcmbl;- of HisiV.lajclty's Province of the 1\ia fbch;tf tt.r-Bqv in .New -England ; Begun and held atfioflon,urbnWcclneRlay the twenty-nintlrllay otMay 17 r. .And continued by .Pr•orogatlons to Friday the t\v enty-fcrenth .Day of December following. 10 - rto, CHAP. X. A"n Ad in Addition to an Act made and pa ed in the thirteenth Year of King niam theThird, Intituled Ail ZS providing br in Cafe of Sicbnefs, Q it clitittea Itjt tijP ii,lelltcll(Ult Wouerlmitr, council alto Poiift of IlRcprtfcntatities, That when and as often as there (hall be brought in- to any Town within this Province, whether it /hail be from any other Manner of proceeding therein. Penalty for not afiill;ng the Officer. Antro Regni Reis GEORGI I; II. ViccGmo- taro. _ 1751. ifteitictu tit Cita tt11if 5. 35 Charges of fccurinsr fitchI3aggage,Cloathing and othcrGoods, trlaillimrtintg anal air- ing the fame thall be horn and paid by thcU4vncrs thcreof,at fiichRates and Prizes Charges to he as lhall be jet and appointed bythe Sclera -Men of the Town, where fuch I gag•• I'u:1`r by fY` I 1 .� Oasci aFt tlYc gage, Cloathing or other Goods (hall be, and in Cafe. of Rerurd, to he recovered Goods &.c, by Suit at LAW by all and every Perron and Per (ons concerned and employctl in and about the Bufinefs of lccuring, removing and airing faid Baggage, Cloath- ing or other Goods. Zito Ur it further mem That if Neck fo require, any Juflicc ofthe warrant; to Peace may, and is hereby impowered onApplication t0 lum made by the Scle he n'atk o;,t Town t tr, tai<c up Men of thc 1 own in which filch infe&ed Baggage, Cloathing or other Gocids r�,nvanieuc (ha"ll bc,to mike our aWarrant to thcSherilfof- the County or hisDepiity or Con- 1-luu11,g. liable of the Town where fuch Baggage, Cloathing or other Goods 'hall bc, re- quiring faidOflicer with the Advice and Dircaion of the Scled-I Men of fitid'T'own, to imprefs and take up:convenient Houfing or Stores kr the receiving, loclt;ingr and fiifc,keeping thereof,ul=.til the (mine (hall be f'fficiently aired as ctf;,t eCticl. CHAP. XL An Act in ('lathe'' Addition to the Act Intituled An Ail TT' ca. rG. for Review in Civil Cau/es. 11 L R E A S the Defendant Ft any Perfonal ./lc`lion'nay by Force Preamble. of the A8, made in Addition to the .fid Intituled AnA& forRcvicw in Civil Catifcs, have Execution of the judgment of the Superiour Court of f udicaturc Court of Sze and General Delr tery given on the Trial of the Appeal, flayed fix Months in fame Counties, and a rear in others, only by 'giving Bond with Security approved of by that Court at the Time o trin' fuch judgment tonditioncd to prof cute a Writ of Review of /uchAlltion with Ef °c`I at the next Superiour Court of judicature Court of Aifize and General Goal Delivery to be holden in .and for the County where fuch fudg- nient is given, and to ai fuer and pay the original Plaintiff double Interco for theVebt rccovcred,and double additional Cols inCafe the7urlgment be affirmed/ although the Ellate attach'd by Force of the original !Frit is not thereby held or fubjeetcd to fatisfy the Plaintiff Demand for more than thirty Days after the judgment given on the Appeal, and in all Cafes where Bail is given to the Action the Sureties cannot be compelled either 'to fatiify the fudgment or deli. ver up the Principal. Wherefore for preventing Creditors being defrauded of their jufl Debts by Executions being fo flayed ill:5Q it moo lip tljc 1,Lieucelydllt r'`oterltotir, council anb!'1Qufe of Liege- rind to he � g;pr� fentatttJco, , That Execution of theJuclgment of the Superiour Court of Judica- fecveutinnfurg ke- turcCourt of Affizc andGcneral Goal Delivery given on theTrial of theAppeal vie.vs where in.any Suit, fhall not be flayed, Inlet's the original' Defendant his Executors or Execution is Adminiftrators give Bond at the Time of entring fuch Judgment to the Party flayed in dou- or 13,arties that obtained the fame, with fufficient Sureties, to be approved of by beco cool a ,d the Court, in double the Sums recovered, to 'review the Aaion at the next Su. cos, periour Court of Judicature, Court of Mize and General Goal Delivery to be holden in and for that County, and to pay to the Party or Parties that obtained the Judgment upon the] vial of thc Appeal the Sum fo recovered with Intereft therefor, after the Rate of twelve per Cent. per Annum, and double the Colts arifing on fuch Review, if the Judgment be not thereon reverfed, in whole or in Part, or otherwife fatisfied, and if reverfed in Part only then to pay him or them that obtained the Judgment on the Trial of the Appeal what remains due by Force thereof, and is nor reverfed by the judgment of faidCourt given on fuch Review or 'otherwifc faiisfied, together with Intereft therefor after the Rate of �x per Gent, per Annum. Provided always, That nothing in this A& (hall extend to any Suit already Prodro, commenced, wherein upon the mean Procefs Bail was given or Ellate attached. ACTS - hi luhl.l'InIIIGL111si,l 11 ldLllltll 1*n I lea lI b. .. u II 11 II 1111 Ili ilium 1 lil,i 1 1.11 lull I ,11116 L '!I Illi1111 1.1 q 1 a.,�r. iii YII I• I II,111�,11V III h�tl(Itl`afllll lid,; lllldl lnd tl6u,lyi;ullhil it nl 116Juh G 17 J2. Anne Regni Regis G E O R G I I, I1, Vicefirno-Q Tinto. 358 limitation of 2tthoni . Jrirre barbs. Ass and Laws, Paced by the Great and General Court or Aff'embly of His Ma - jelly's Pi ovince of the 1t'Ta/Jncba fetes-lJayin New -England, Begum and Held at Concord in the County of 111iddlefex, upon Wednefday- 'the twenty-Gvcnth Day of May, 1i52. 'CI A R I. An A61 in further Addition to the A61 for Limitation of is G. z. ca. 3. A&ions and for avoiding Suits at Law where the Matter is of long Standing. "HE R E .A S in a late Law of this Province intituled, " An A& in Addition to and for Explanation of an Alf, intitiilcd, An Ad for Limitation of AEtions, and avoiding Suits at Law where the Matter " is of long Standing," made and paled in the twenty- fecond Year of his pre - fent MVlaje/ly's Reign, the Time limited for commencing of all Actions of 4c. cowl, and tcpcn the Cafe (excepting as therein, is excepted) will expire in Sep- tember next; and whereas the Difculties arifen by the Exchange of the Me. of Trade in this'Province, and the Pre -valency of the Small -Pox in Bofion, and fund' y other Towns in this Government, render it almofl impracticable to have filch .Accounts and Ac?ions of the Cafe fettled within the Time by faid 4d limited for that. Purpt fe : Aft continued "r e it tbetcfolt enacts hp the LieutenantdBotcrnottr, Council an 1?otufe till Sfont:nu d of Eeptrlfcntattbecs, That the Time for commencing of Actions of Accounts and of the Cafe, by raid AEt limited as aforefaid, be.and the fame is hereby ex- tended to the firfl Day of September, which wilI be in the Year of our Lord One Thouftnd itvcn Hundred and fifty-four ; and no Suit hereafter to be brought iii fuch Cafes fhall be barred, if commenced before the Expiration of fail Term. Preamble. CHAP.. 11. to R. ca. i. An Ad in Addition to an Ad for the more fpeedy Extinguifh- 'Preamble. Town 'of :Yap?: inpoty- ered to chafe twelve Fire Wards. 'tient of Fire, and preferving Goods endangered by it. HEREAS in and by an .48 made and pared .in the eighteenth rear of his prefent Majc/ly's Reign, intituled, " tin Alf for the more fpecdy Extinguifhment of Fire, and prefervingGoods endangered by it;" It is enabled that the feveral Downs within this Province may, if they fee fit, at their anniver far y Meeting in March annually, appoint a ftsitable Number of Perfons, not exceeding ten, who (hall be denominated Fire Wards; whole pare titular Bufinyl'ball be to take Care and govern at Fires, (which from Time to rime may break out,) as in and by Paid 48, they are direc`ied and impowered to do : And whereas by Experience the Fire Wards who have been annually -chofen by the Town of Bolton, have been found to be of great Ufe and Service to the fail Town at rimes of Fires ; and it is apprehended, it would greatly Terve the Paid mown if their Numbers were increafed : 113e tit ti crefole cnneteb by tie Lieutenant ©citation, Council anti truce of 1tcprcfeittatibeo, That it !hall and may be lawful for the Town of Bofion, (who at prefent have ten Fire Wards) at any Town Meeting warned for that Purpofe, to eleel and appoint two more meet Perfons as Fire Wards who shall Terve in that Office, till their annivcrftry Meeting in .1Vlarch next ; and from thenceforward (as they (hall fceCaufe)°to choofe twelvePerfons for thatPur- pofe annually, who !hall do the Duty and be invcfted with the like Powers and priviledgcs as Fire Wards in and by the Paid A& are invcfled withal • .---........_..--., ... . l4 CHAP. "Eno Regni Regis G E 0 R G I I, II. Vicefil o- natio. AttOtaion of alitt5, act, At the Parliament begun and holden at Wermin �ier, the Tenth. Day of November; Anno Dom. 174 7,in theTwenty— hrff Year of the Reign of our Sovereign Lord GEORGE the Second, by the Grace of God, of Great Britain; France and Ireland, King, Defender of the Faith,, &c. And from thence continued by several Prorogations to the Fourteenth Day of _November, 1751, being the Fifth Sefton of' this prefent Parliament. CHAR M. An Ad for avoiding and putting an End to certain Doubts and Qefiions, relating to the Atteftation of Wills and Codicils, concerning.Real Effates, in that Part of Great Britain called England; and in his Majeffy's Colonies and Plantations in America. HEREAS by an AA made in the Twenty ninth Year of' the Reign of IIis lace Majcfly King Charles the Second intitled ..An.At7 for Preven- tion of Frateds and Perjuries ; it is, amongft other Things enacicd, That from and after the Twenty-fourth Day of' flute, in the Year of ourLord One Thourand fix Hundred and fevcnty feveii,all Dcvifes and Becluefls of any Lands or Tenements devifeable, either by Force of the Statute of Wills, or by that Statute, or byForce of the Cuftom of Kent, or theCuftom of anyBorough, or any other particular Cuftom, !hall be in Writing, and figned by the Party fo deviling the fhinc,or by fore other -Perron in his Prcfence and by his exprefs Di- reaion ; and (hall be attefled and fublcribcd in thePrcfence of the faidDevifor, by three or four credibleWiincf es,or clic they tall be utterlyVoid and of none Eff'cEf, which hath been found to be a wife and good Provifion : But whereas Doubts have arifen who are to be deemed legal Witnefres, within the Intent of the Paid AL : Therefore for avoiding the fame, ',.,Fe it cliattcti 1.1!? he mat excellent �paf ee?, bp nub %tub ti e 2biaiec ono Zonfrttt of try 4Lorgi:1 tpirituaI anb'c cinporal,anb Conlmong, Flt tbi.o prelim 'Parliament nffeznbleb, nith by tfje aut ioftp oC the fame, That if any Perron !hall atreft the Execution of anyWill.or Codicil which (hall be rnadc after the Twenty fourth Day of rune, in the Year of our Lord One Thoufand finial Hundred and fifty two, to whom any beneficialDcvife,Legacy, Eflate, Intereft, Gift, or Appointment of, or affeC ing any Real or Perfonal Eflate, other than and except Charges on Lands, Tenements, or Hereditaments, for Payment of any Debt or Debts, fhall be thereby given or made, fuch Devifc, Legacy,. Eflate, Inrercfl, Gift, or Appointment, (hall, fo far only as Z z condo -zits 11 IVII46,illiL is1J111116Ifl11 ,'11111,111 1 1, _. ane X11..111111141111 1. 111,�IPh II. Ll�.li1I el)1 I m hl. 11,,1:11111IIII!d1I11Ji i.11110, 1 r 75 is 359 Preamble re: citing Clauf*. in an AEI of 29 Car. 11. Devifee, &e: atte(ting, the Devife void, but he admit ted to Provo Will. 1 pp.I!I II til 111411lLL1 IY I11,1h �y111p41h1 IIII.1 Ju�Il ��iJ11i2 • 1,10111JIHII I IVI AI Idl 1.1,11I111.1. 1 • 1 141 1. 175"'Auto Regiii Rjis G E 0 R GI I, II. Viocf nio• itiritc�. owatt 6ottteriaatton of COWS, &c. concerns fuch Perfon attefting the Execution of filch \Vil1 or Codicil, or any. Perfon claiming under him, be utterly null and void ; and filch Perfon than be admitted as a Witnefs to the [Secution of fuchWill or Codicil;within the Intent . 'of' the Paid Acct ; notwithftanding fuch Devife, Legacy,'Ettate, Intercfl, Gift, or Appointment, mentioned in filch Will or Codicil, Creditor at- S£it1D be it [miter ena eb 'by tjje autljog(tp afolefaib, That in Cafe, by any g Will orCodicil already made or hereafter to be mad c,anyLands,Tencments,orHe- led a Witnefs to the Will. redimcnts,are,orfhall be charged with anyDebt orDcbrs; and anyCreditor whole •Debt is fo charged,hath atteflcd,or (hall attcfl the Execution of fuchWiil orCodi- cil,every fuchCreditor,notwirhflandling fuchC hargc,(hal1 be admitted as a\Vitnefs to the Execution of filch Will or Codicil, within the Intent of the fitid AEI, Legatee who 2iiti be it limber c;iac eb ftp die 2tttljo:ity lite;cfaRD, That if any Perfon has been paid hath attefted the Eiecution of any Will or Codicil already made, or 'hall attef< orfliallrefufe the Execurion of any Will or Codicil which fhall be made on or before rhe faid. his Legacy, Twent fourth Dayof 7une, in the Ycar of ourLorduneThonThnd (even Hun - admitted a y Witnefs to Bred and fifty-two, to whom any Legacy or Bequcfl is or Shall be thereby given,.. the viva whether charged upon Lands, Tenements, or Hereditaments, or not ; and filch Perfon, before he (hall give his Teflimony concerning the Execution of any filch -Will or Codicil, !hall have been paid, or have accepted or releafed, or than have refuted to accept. fuch Legacy or Bequeft, upon'Tcnder made thereof; fuch After Tender Perfon Hull be achnitted as a Wihnet's to the Execution of filch Will or Codicil, and Rbarred , he is barred within thc.Intent of the (:lid A&, notwithflandg Legacy in Inch Le or Beq uell. ac from the Le- 11)tobittb nttmw ). nnb tie it fur t jcc enQttCD, That in Cafe of filch Tender gacy; but af- and Refufal,. as aforefaid, fuch,Perfon Shall in no wife be intituled to fuch Le• ter Accep- gacy or Bequefl, hilt (hall be for ever afterwards barred therefrom ; and in Cafe cancce,hcmay of filch Acceptance, as aforefaid, filch Perfon [hall retain to his own Tile the Le - retain the fame, tho' the gacy or Bequeft which fhall have. been fo paid, faiisfied, d, noiwith- or accepted, . re Will be ad. (landing fuch Will or Codicil (hall afterwards be adjudged or determined to be judged void, void, for want of dueExccution, or for any other Cattle or Defect whatfoevcr. Silittt tie k tinier men, That in. Cafe any filch Legatee, as aforefaid, iLneggateeatte,anddyinftg-' who hath artefled the Execution of•anyWil1 orCodicil already made, or (hall atteft in the Life- the Execution of any Will or Codicil; which Bial( be made on or before the Paid time of the Twenty-fourth .Day of tune, in the Year of our Lord One Thoitfand feven Tefta:or, or Hundred and fifty-two; Shall have died in the Life -time of the Teflator, or bc^ before he has received or re- fore he .fhall have received or.releafed the Legacy or Bcquefl.,fo given him, ;s fueled his Le- aforefaid, and .before he 'hall have refuted to receive fuch Legacy or Bequeft, gacy,admirel on Tender made thereof=, filch Legatee (hall bc deemed a, legal Witnefs to a Witnefs to the' Execution of filch Will or Codicil, within the Intent of the -faid Act, not - the Will,. withflanding inch Legacy or Bequeft, Credit of the Provided always:, That the Credit of every fuch Witnefs, fo attefling the Witnefs to be Ei' eeution of any Will or Codicil, in any of the Cafes in this A& before. rnenti- eonfider'd and oned, and all C ircumflances relating thereto, '(hall be fubjc& ro the Confide - determined by the Court. ration acid Determination of the Court, • and the Jury, before whom any filch Court. (hall be examined, or his Teflimony or Atteftation made life of; or of the Court of Equity, in which the Teflimony or Aueftation of any filch Wir-• No ifee, tiers (hall be made IJ fe of in like Manner, to all Intents and Purpofes, as the whercytheBe- Credit of Witncfles in all other C ales ought to be confidcred of, and determined. vife is made 211) be it farther rliaittct by the 1iutl`o ir11 rtfo�cfaih, That no Pcr- void ; nor Le- fon, to whom any beneficial Hate, lntereft, Gift, or Appointment, fhall be gho tegiven or made whichhereby enaew be null and void,efaid, or who refutedatee,tivto ac-asi made, isfd as aforefaid, cept of thele, shall have refuted to receive any filch Legacy or Bequeft, oil Tender made, as .gacy ; beiag aforefaid, and who Shall have been examined as a Witnefs concerning the Ex examined to Ccurlon of inch Will or Codicil, fhall, after .he [hall have been fo examined' the demand takePf don or oleQiof, o�r receive any Profits or Benefit of or from, any ofthco of the Will,>> than after. fuch Eftate, Interefl, Gift, or Appointment, fo given or made to him, in or 'by ward3 demand any filch .Will or Codicil ; or demand, receive, or except, from any Perfon or or take any Perfons whatfoever, any fuch Legacy or Bequeft, or any Satisfc:ction or Com_ Benefit, or 'i�fation for the fame, Ill an Manner or under anyColour of Pretence what• Compenfation 1r y for the fame. (Dever: ., t`oviDr7 • • Rebel Regis GEORGII, II. Vicefim Atter-ll Win of mall, Sccf 17 ?; 361 iros3i)tb aitalti u , alts lit it Marta Up tin lititljcOtp afa'cfatD, That Cafes particus; this MI, or any Thing herein contained, (hall not extend, or be confirued to larrzed, where extend, to the Cafe of any ,Heir at Law, 'or of any w 1 evifcc in a prior Will or ;listheVdtcy of ,& C'nin- Codicil of the lame Teilacr, executed and welled according iib the Paid recited petency of A&, or any Perrin claiming under them rcfpecctively who has been in quiet wit neffcsare nn' of :Elcd Po(f'e(lion for the Space of two Year; next preceeding the (ixth Day of' May, io oy this Ad. the Year of cin r Lord,Une'hhoti Nut 'even Hundred and fifty -nuc, as to titch Lands, 'I'enetncuts, and Hereditaments, whereof' he has been in quiet Foliation as afore - raid ; and alio that this A& or any Thing herein contained, !hall not extend, or b conflrbed to extend, to any Will or C©dicil, the Validity or doe Execution whereof hath been cotitefted in any Suit in Law or Equity commenced by the Heir of filch Dcvifor, or the Dcvifee in any fuch prior Will or Codicil, for re- covering the Lands, Tenements, or Hereditaments, mentioned to be deviled in any Will or Codicil In contefted, or any Part thereof; or for obtaining any other Judgment or :ecree relative thereto, on or before the raid fixth Day of May in the Year of our Lord One r1'hotifand (even Hundred and fifty-one, and which has been .already determined iii, Favour of fuch I-leir,at Law, or Dcvifec in filch prior Will or Codicil, or any Perfon claiming under them refhec`tively, or which is flill depending; and has been prelecuced with due l,iligence ; but the Validity of every filch Will or Codicil, and the Competency of the Witnefres thereto, .fhall be adjudged and determined in the Curie Manner, ro all Intents and Purples, ai if this Act had never been made ; any Thing herein before con- tained to the contrary thereof in any wife hotwith(landipg, :MOO allukvi uacttfielefo, Ianb it if3,beectm tetlarrD, .That no Pofl'ef- fion of any Hcir at Law, cr Dcvifee in fuch prior Will or Codicil as aforefaid, or of any Perfon claiming under them refpeetively, which is conf(lent with, or may be «arranted by or under, .any Will or Codicil, attelted according ro the true Intent and Meaning of this Act, or where the Hate defcended or might have defcended, to fuch heir at Law, till a future or executory Devife, by Virtue of any Will or Codicil attef}ed according to this Aet fhould or might take Ef1ec't, Shall bc deco -nod to be a Pofreflion within the Intent and Meaning of the Claufe herein LEI before contained. And w„ ereas in f ane of the Britifh Colonies' dr Plantations in America, the fail .f1{ of the twenty-ninth Tear of the Reign of Kiirs Charles the Second, has been received for Law, or .flus of ./I/embly have been made, whereby the .Attef dtion .and Subfcription of TYitnefes to V evifes of Lands, Te,iement.F, and (Hereditaments, have been required: Therefore, to prevent and avoid Doilbts which may arife in the faid Colonies or Plantations, in Relation to the Atteflatioh of fuch Devifes of Lands, 'Tene- ments, and Hereditaments ; Ilse ft Man) bp tlje iutf*itp aio.rfaiti; That this An., and every Clank, 'Matter, and Thing therein contained, ((tall extend to fuch of the faid Colonies eTh•s '4`9to 1 Act of the twenty-ninth Year of the Reign of• oftrhe firmib and Plantations, where the tic T' King Charles the Second, is by Act of A(I'emhly made, or by Ufagc received as ch �'oloniesin 11 - Law, or where by AOC of Affembly or Ufage. the I\treflation and Subfcription r �e ��t owhen of h Witnefs or .Witnc(hes are made necelLry to Devices of Lands, I encments, Crar. I t is rc - or Hereditaments; and (hall have the fame Force and EfTeel in the Confiruction ceived as a of, or for the avoiding of' Doubts upon the raid Acts of AfFembly, and Laws Law, &c., of the faid Colonies and Plantations, as the fame ought to have in the Con. itru&ion of, or for the avoiding of Doubts upon, the laid Act of the twenty• ninth Ycar of the Reign of King Charles the Second i•n Encland. Provided always, That as to Cafes ari6ng in any of the faid Colonies or Devifes, &a Plantations in America, no fuch Devife, Legacy, or Bequeft as aforefaid, (hall h W7eo IC' made null and void, by Virtue of this Act, lintels the Will or Codicil where- be only void, by fuch Devifc, Legacy, or Bequell (hall be given, (hall be made after the firft Day of llfarch, which (hall be in the Year of our Lord One Thoufand feven liiundrecl and fifty-three. Pofeffions which are not comprehend- ed within the Meaning of the preceding Llaufe• bail 1111.1111.ilOY.IViL",IIIsI•6Nhal...1.,:Y 11 I tl 7 z a � A. N 4..,AI,a Igo!, b .6111b1141 I 11 iyp pe w :111,14 I I ,,,a I.. A I III .1 j 111 11 II x1 1 II aI l i1. 11.1.1,1111111 J 'r;r;o , (gui Rcgis G E ©R G I I,. II. Vicclmo-So:rc1. 362 t3 N 1ir�i1 c• Lb ca is Preamble. Penalty for publifhing LotteryTick• ets of other Governments, Penalty for fellingLoctery Tickets. Penalty for buyingr.otte: ry Tickets. Perfon in- forming to be freed. • .flag ofitotterim An A6 4-4N i.AM-./.-• 1'afr'cd by the Great and General Curt or Alterably of I?is WE/jelly's Province of the Iviajachu/etts-Ery in Atew-Euylami ; Begun and held at Cortcordin the' County of Middl%°x, upon VVcdncfday the twenty-fe yen thDay of May 1752. And continued Proro,gati- ons and Adjournment to Wednefiay the twenty-eighth of March following, and then met at Eo/lon. CHAP. I. An A61 in Addition to f he feveral as or Laws for_ the fuppreffing of Lotteries. HERE A S divers good and wholefolne Laws have been made and paffed by this Government for lieppreffing of Lotteries, and tl"bcreby preventing a vain and fool j/6 Expence, tending to thelmpoveri/hlnent of unwary People ; ,which Laws are in a great 1rlealitrc rendred ineffftual by the Lotteries which are frequently fit up in the Aieighbour1nt,G0vernments, and by the Sale of filch Lottery Tickets to the Inhabitants of tbisProvince : 15e it thiercl0Ee cnartteb by ttit L=rtztenant CoOrrnoirr, cSatlltcft. ►1n) ponce of Acintrentatitio, That if any Perfiin or Perfons after the tench Day of May iiext,fhalt within this Province be aiding or aflifling in anyLottery, ,byPrinting,Writing, or any otherways Publifhing an Account of the Sale of filch LotteryTirket or Tickets, fuch Perfon or Pcrfbns fhall for fuchOftence forfeit a Sum not exceeding twentyPowids; to be recovered bylnformanon,Plainr, Bi11 or Acflion at Law, in any of His Majefly's Courts of Record within this Province ; the one Half -thereof to His Majcfly to be applied towards thc Support of this Government, and the other Ilalf to him or 'them that !hall inform and fuc for the fame. Ilit� be it t-tzr'ti el' ettatt£b, That if anyPerfon or Perfons (hall within thisPro- vince give, fell, or otherwifc difpofc of, or (hall therein' offer or expofe to Sale any Ticket or Tickets in any Lottery, excepting inch as (hall be eflabl:ilhed by Ac't of Parliament, or by Art of this Government, filch Perfon or 1'erGins fo offending, (hall forfeit a Sum net exceeding forty Pounds for cach 'Ticket fo given, fold or difpofed of, or fo expofed to Sale, to be recovered in Manner and for the Ufe aforefaid. • 211 be it further enacteb, That if any Perfon or Pcrfirns within this Pro- vince, (hall receive or purchafe any filch Lottery Ticket or Tickets, fuch Per - fon or Perfons likewife forfeit a Sum not exceeding -forty founds for each Ticket fo received or purcha(ed by him or them, to be likewife recovered and applied as in Manner aforefaid, Provided neverthelef, That if firth Receiver or Purchafer fhall inform .a- gainft or profecute thc Perfon or Perfons who gave, fold or difpofeci of the fame, fo as that he or they !hall be convicted of laid Offence, filch Receiver or Pur - chafer !hall not in that Cafe be liable to the Penalty aforefaid, but (hall he wholly freed and exempted therefrom, -- A Iv .4;;no .1ietgn1 Regis 0 E O R' G I I, 11. Viceffino-Scxtd. ..1753• �roprteto cetin L4 393 Ari A611 Paflecl by thc Great and General Curt or Aire rnbly of His MajefI5 .Province of the MatThchuf tts-IBay iti New -.England, Begun and held at Eojlolt in the: County of JS'ubik,upon Wednefday the thir- tieth Day of May, t 7 5 3. CHAP. IL An A& in Addition to an A& Intituled An 48 direRing rie'tors of Lands lym in common bozo Meetings of P,ro h ca!lcd. lE RE,,,:! r there are(endry Trac7s of C9111111011 a11d undivided Lands in this Province lying within no Town/hip or Precinct, which are owned Preamble; by confi_r'erable Numbers of Proprietors, and no eftefual Provifion has as yet beat yn do by Latey tither for callirt�r Meetings of the Proprietors of flab Lands, or for the railing and collecling� IL%niei grunted for the Cont»1011 Good and Service of fuck Proprietors ; whereby the Settlement and Improves. mcllt of filch Lands have been touch ob%lruSed and delayed : E1£ tt -that 'olc enatirb try Lieutenant (^at truce !r, council an) pour of 3Kcpvrfrntati'n's, That whenfocver five, (\A here there are fig many) or the major Part of the Owners or Proprietors of fuch common Lands (where the Number (hall be lets) (hall judge it expedient to have a Meeting of the Pro- ps ietors thereof, and {hall thereupon byWriting apply by Petition ro anyJuflice of the Peace for the County wherein fuch their Lands as aforeflid lie, or, to a Juftice of the Peace thro' this Province, to call a Meeting of any fuch i ro.pric• tors as aforefaid, to be had at fuch Time and Place. and on fuch Occafons as shall be exprefied in fuch Petition, filch Jutlicc fo applied unro, is hereby au- thorized and directed to grant and ifrue out his Warrant direeted to one of the Proprietors defiring filch Meeting, or ro the Clerk of fuch Propriety (if there be one) requiring him to notify and warn the other Proprietors of Inch common Lands to meet and alfemble together at the Time and Place appointed therefor as aforeftid ; which Notice and Warping (kali be given by advcrtifing thefame, With the Time Place and Occa{ions of Meeting, in the fcreral Bo/lon Weekly News -Papers forty Days at Jcaft before the Day appointed for filch Meeting ; and fuch Proprietors may by thcmfelves or their lawful Attorneys at fu'chMect- ing appoint fuch a Method for calling their Meetings for the future as they powers of the fliall judge molt convenient, which (hail always be under rhe fames Regula -raid froprie- tions as all other Proprietary ivlcetin ;s arc, and may ch©ofe a Clerk and tors in their .4 122. ca. 2. Method of calling Pro- prietorslhtet• ings. fuch. other Ofliccrs as are ufually chofen by other. Proprieties, then and from Time to 'Time as their Occafions fhall require, ,and may tranfact and pats upon any other Matters and Affairs for the Benefit of fuch Propriety, which the Proprietors of new 'I'oWnfhips or Plantations granted by thisGovcrn- ment are by Law enabled to do, provided fuch I!ilattcrs be mentioned in the Notifications for filch Meetings ; and filch Clerk being duly fworn as theClerks of other Proprieties by Law ought ro be, (hall have the lilac Power with them. 2itb be it furtiy cuaar?, That filch Proprietors at any of their Meetings purfuant to this,Mt, may by thernfelvcs or their lawful Attorncys,grant and -or., der any faitat3lo Sum or Sums of Money to be railed and levied upon their levee ral Rights in fuch Lands equally and rateably according to their refpr&ive In= tel -efts and Shares therein, for bringing forward and compleating the Settlerncnt of fuch common Lands, and for the Profecution or defending any Law Suits for oragainfl (iich Proprietors, and for carrying ota and managingany other Affairs for the common Good of• fuch Proprieties ; and every fuch Vroprietor as (hall neg- lea to pay to the Colle&or or i'rcafurer or Committee of fuch Propriety filch Sum or Sums of Monty as (tall from Time to Time be duly granted , and voted to be railed and levied upon his Right and Sharo in fuch Lands for tilt Spacc II III4.dI, Ltd!' d 11 ndll 1 id I II,4I'Y 1 IL IIIIJ IYJnL11, IIId1,161i1JI 11Jp1 '1111•I, IluILm HILI 1. 111 Ili Ilk i 11 11111,1 IdII 11111D I11 III IIIIY II meetings. To raife Mo- , neys for the Ufe of the Propriety. ,, t75t. 364 ;ncl to make :le of file tands of the Delinquents. Provif&. 9 ca. th, Preamble. Writ t,f Scire Facial to be iffued on the Judgment of a deccafed juftice. Perfons- hav- ing fuch Judgments In Keeping to deliver an attelled Copy, Irlra 'Regni egis G E O fl', G I I, iI. Viceinno-Septimo, ttatec5 pobaert Space of Gx 1\itonths to thole who live in the Province, and twelve, ,'�T'cntli:, i„ thole who live out of the Province,after filch Grant and his Proportion the; cot fhall be publifhed in the feveral publicic Prints as aforefaid-, then the C;ornrnittcc; of' the Proprietors of Bich common Lands, or the major fart of ii;ch Committee may and are hereby fully impowered from Time to Time at a publicic Vendue to fell and convey a*ay fo much of inch delinquent Proprietors Right or Share in Paid common Lands, as will be fuf eicnt to pay and fatisfy his Tax or Pro- portion of fhch Grant, and all reafonable Charges attending fuch Sale, to any; Perfon that will give molt for the fame ; Notice of fuch Sale being given in the: Paid Prints fortyDays at lea(t beforeHand, and may accordingly execute and give .a good Deed or Deeds of Conveyance of the Lands fo fold, unto rhe Purchafer thereof, to hold in Fee Simple. Provided neverthelefs, That the Proprietor or Proprietors whole Right or Share in fi.rch Latads (hall be fo fold, fhall have Liberty, to redeem the fame in twelve Months after laid Sale, by paying the Sum the Land fold for and Char, ges, together with the further Sum of twelve Pounds for each Hundred Pounds, produced by fuch Sale ;• and fo pro rata' for any leis or greater Sum. • Ads and LAWS, Praffed by the Great and General Court or Alterably of HisMajcffy's Province of the Maf:rchtgetti-Bay in New -England ; Begun and held at Boftorr, in the County of Sttilolk, upon the thirtieth of May, 1753. And from thence continued by Prorogations to Tuefilay the fourth Day of Deceinber, 1753. CHAP. 1. An AEt in Addition to an A& Intituled Ain AR impowefing 7uJhces of the Peace to decide Di erences not exceeding Forty Shillings. HE R EA S in and by an .A11 trade and pal d in the nintb2 ear of hid late Majefly King William the `Third, impowering 7uflices of the Peace to decide Vifferences not exceeding Forty Shillinc;s ; it is ancon Wthei- Things provided, Tbat all fief/ices fhall keep fair Records of all their Proceedings front Time to Milne but no Provifon is therein made in Cafe of a fu/lice's f.)eath for executing a fud ment L ive'n and recorded by him, which remains ui fatisfied at the Time of bis Deceafe : 15e it tbeectole macro by tie eoOrrttaur, Cotlttcii attb p-ttlie of 3!tepr'efetttatfbe0, 'That where Judgment is or (ha•ll' be given by 'a ,Juflice of. the Peace in any Civil Action of which by Law he had (. o'nizance, and a fair. Record thereof made by him ; if the fame remains Satisfied at theTime of his Deceafe, it !hall and may be lawful for any Jul -lice of the Peace of the fame County (upon Application made to him by the Parry who' recovered the Judg- mens) to i(I'i.te out a Writ of Scire Facias thereon,returnable to himfelf in fever) Days ; and upon the Debtor's Default of Appearance,or not fhcwing; juftCaufe to the contrary, the fame juflice may award Execution of filch judtgment, re- turnable to himfelf in thirty Days, and likewife award reafonable Colts on the &ire Facial ; provided that no Writ of ScireFacias (hall be granted as afore faid, unlefs Application be made therefor within twelve Months after the De- ceafe of the J>aftice before whom the Judgment was recovered.. MO be it further ettatteb, That any Perfon who hath in his or her keep- ing the Records of a deccafed Juflice (being respelled by the Party who hats Judgment there entered as aforefaid, and being tendered a reafonable Sum for his or her Time and Trouble) (hall without Delay deliver an atrcfted Copy ofch {ticiZ �lli.J Regni Regis Ci fl G I I, II. Vicefirno-Septiiiio: I754• t'a 1ion o allbs• 'toiun1 O&M; 365 titch Records to the Perfon requefling the fame, which Copy cel tified on Oath, fb. I1 he received and accounted as fuf-Iicient Evidence, as if the Juflice was then living; ; And if' he or fhe (hall neglect it by thc Space of three Days, he or (he shall for his or her NeglcEt1 forfeit the Sum of Three Pounds, to the Ufe of Penalty for the. Parry aggrieved to be by him recovered in an A&ion of Debt in any of his Negle& or I1viajefly a Courts of' Record. , . refufal. ;.And whereas in and by an .,4c`1 made in the f'cond Tear of the Reign of her late llMIaje/ly Quccn Anne, Intittcled \n Ad relating to Executors and Admini-- ftrators, 1)rovrfi9n is made in Cafe of Tllafle for awarding- Execution aping an Executor or ✓I,linini/irator,of his o.zVn p'ropc.r Goods or� E/late an a Scire Facias to bei/fucd out of the Clerk s Ofice of the fanze Court, where7udgment has been recovered again the Pilate of a Teflator or Inteflate but oto Pra- tifion hath been made in like Cafes cognizable before a fullice of the Peace: • ,7�, � .. r; , � ,. Ju!iices of Fc it rlielti �ic fu nc�r ena.tcb, That in all fuch Cafes, it (Ball and may "ecce i o be lawful for a Juflice of the Peace to ;flue out a Writ of Scire Facias, and powred to award Execution thereupon in like Manner as may be done in any Court of Pirie fuch Rccord, by Virtue of the l'rovilion in this Act laft mentioned. Writs of Scire Facial; C_ H A P. IL An Ao1 for the more eafy recovering the Charges that attend the Rirtition and Settlement of Ileal Eftates,and to caufe the Perfons inter•e{hed in filch Eftates to be duly notified before Partition be -ordered. • 'HEXEAS it fometinics happenf that tome of the Perfons interefled in Real Eflates re Ile to pay their rateable Proportion of the necejary ..Charge which attends the dividing or fettling the fame : fe it t)i`rcfore cii rS bp try c atintli tlil`7' atifeOf lLteptc- ftntatibct , That whcti and fo often as Partition (hall. be inade of any Real Agate by the Rules of theComnioihLaw, and when and fo often as any RcalEflate {]tall be fettled, or divided,,agrcable to the fpecial Provifion made by the Lws of this Province, in any and every. inch Cafe when any one or more of the Par- ties inicreflcd (Ball neglect or refute to pay their jut} Proportion of the'Charge which may attend fiichDivifon or Settlement, itTfhall and may be lawful for the Court by which fuch Divirion or Settlement (hall be made, to ifTtie forth a War- rant of Di(lrcfs againft any Delinquent or Delinquents intcrcfled as aforefiid. Provided, :iii Account of fuch Charge be firft laid before the laid Court, dnd the hilt Proportion of the Perfons ititcrefted fettled and allowed, they having been duly notified to be prefeht at filch Settlement or A llowanec, if they fee Cattle. Atli to it further cita tti, That when and fo often as any Petition !hall he pt efcr'd to thc Jufliccs of the Superiour Court to order Partition of any Real Hate held in common and undivided, the Ctid Juflices ]hall not proceed to order fuch Partition lined it fhall be made._ appz3ar to them. that the feyeral Per - fins intcrc(ted in Rich Etlate, and living within this Province, or the Attorneys of fuch as arc abfcnr and have Attorneys reeding within this Province, have been duly notified of fiich Petition, and have had Opportunity to make their Exception to the granting the fame. Warrant of Diflrefs to be ifiited on Per- fons refuting to pay Char- ges the. Divionfion of Estates, Provifo. Superiour Court to now. fy Perfons cd be. foreEUatesoncernebo divided, 4W.&142. ca. z. CHAP. III. Oct%&,M, Ari A&i in Addition ,to an Ad made in the fifth Year of her ca. 1 j. late Majcfty Queen Anne, intituled An 48 for a new Choice of Tbwla Oficers on fpecial Occaf ons. 1IL REAS in and by faid AZ/ it is provided,. f at inCafe of theNon- Preamble; 1 acceptance, `Death or Removal of any Perfon chofen to ° ce in anyof tl'z° Yowls in thin Province; at their annual ll -Meeting in March, the laid 11111 III YII pI ,I 1 I. I. 16,11•111 .w Ih Ij I11 'anuli I Id It i ti iL.V 1. ill .!iIli! IiIII 100111 ` .,II Lail I,,.I 1753. Anno Regni Regis G E O R GI I, II. Viccflll10-Septim©, 3 66 Counterfeiting onep. ZiteraUton of tourtL8 faid ¶Towns may upon due Warning given and Notice of the Occa ton, chafe any Officer or Officers to S1 up flub Vacancy, but by faid ./lf no Prouifion is, made ref -peeling Precincs, from which Inconvcniencies have often happened : Precintls to 15c it tbtrcifote mortal by tilt eaberttotiv, Council mitt O1oufc of lltiE`- have the fame patentors; That from and after the tenth Day of `January next, the feve- Power in chs ral Precine`ts within this Province (hall have and enjoy the fame Power and Privi- Towns .l Y Towns have. ledges in the choofing any Officer or Officers where filch Vacancy happens in them, as Towns by Law are invcfted with. CHAP. IV. A 'A& in Addition to an Aft Intituled An /JS again dimining or counterfeiting Money. Ai of in and by an ACc made and paled in the twenty thirdZ car of his prefent Majefly's Reign Intituled, An A61 again(' dirninifhing or counterfeiting Money," it is among other Things provided, that when any Perfon (hall be conviel ed of any of the Ofenccs therein mentioned at the Superiour• Court of Judicature., Court of Affize and General GoalDelivery; every 'itch Perfon [hall be fined at the 2D fcretion of the faid Court : And whereas it fometimes happens that filch Ofender is not ableto pay the adjudged Perfons con- Fine, or fo much as the Cofls of Profecution : vidted for rlBe it cttaftO by t)jc c3otnrnour, emelt an0 y 9otifc of litcinefctt- counterfeit'ng tattoo, That when any Perfon fhall' be convi&ed as aforefaid, and thereupon ordiminifhing fentenced by the faid Court to pay a Fine, if fuch Offender [hall be unable, or Money to be Shall rcfufe to pay the fame, together with the Cofls of Profecut;on,'theShcriff fold in Cafe. of the County where fuch Offender (ball have been fo convk ed, (hall be and hereby is impowered to difpofe of faidOflender in Service to any of hisMajefty''s S.ubje&s for fuch Term as (hall be afligned by the Court aforcfaid, not exceed- ing the Space of ten Years ; And the Sheriff !hall pay theMoney thereby railed into the pu.blick Treafury, having firfl dedueled fo much as fhall be neceffary w pay the Colt of Profecution. A.&s and Laws, Paired by the Great and General Court or Afrembly of His Ma- jefty's Province of the Ma achrufetts-Bay in New -England, Begun and Held at, Bof ori, in the County of Suffolk, upon Wednefday the this tiet:h Day of May 1753, And continued by Prorogatlot]s to Wednefday the twenty-feventh Day of March following, and then met. CHAP. V. An A& for altering the Times appointed for holding the Superiour Court of Judicature Court of Afhze and General. Goal Delivery within and for the Counties of Eller and Tork, and alfo for altering fome of the Courts of General Seflions of the Peace and Inferiour Courts of Common,. Pleas within and for the Counties of Plymouth, Barn a-• bre and York: HER E ./.l S the Times by Law appointed for holding the Superiour Court of Judicature Court of A ize and General Goal Delivery at Ipfwich within and for the County, of Efrex, and at York within and he County of York, and the holding the Courts of General, Seffions of { the Anno Regni Regis G E 0 R G I I, II, Vicefimo-Septimo. Limitation of 210Eo110 • 1754° 367 the Peace, and the. lnferiour. Court of C01111119n Pleas • the third 2'uefday of Sep. tember, within and for the County of Plimouth ; and the holding the Courts of General 541071J of the Peace and the Inferiour Courts of Conunon Pleas on the la/! 21u f lay of June,_ the third Tuefday of OElober, and the third Tii fday of Tanuary, within and for the County of Barnflable; and,the holding the Court f General Sfons of the Peace and the Inferiour Court of Common Pleas within and for the County of York on the firflfuefday of July, are found inconvenient: Et it Oruro? cnacteb ltv tr)e (5overnotir, council alta li9uufc of Active: Superiour fentatibe, That the Time for holding the Superiour Court -of Judicature Courc in r��X Court of Adze and General Goal DeliveryatI wick for theCofE eand ?Fork pf ount Y x , (ountre: al- 2t, henceforth be the fecond Tuefday of June annually ; and the Time for ter'd. holding the Paid Court at York for the County of 2 ork Piall henceforth be the third Tuefday of lune anntially ; And the Time for holding the Court of Ge= net al Seffions of the Peace and. the Inferiour Court of Common Pleas within and for the County of Plymouth, fhall henceforth .be the laft Tuefday of Sep, tember annually ; and. the "Titres for holding the Paid Courts of General Seflions of the Peace and the Inferiaur Courts of' Common Pleas within and for the [aid County of Barnfiable, 'hall henceforth be the fecond Tuefday in May, the third 'Tuefday in September, and the firft Tuefday in December annually; And the Time for holding the Court of General Seflions of. the Peace and the Inferiour Court of' CommonPleas within and for theCounty of York,fliall hence- forth be the fecond Tucfday of July annually ; And all Officers and other Appeals &c. Perfons concerned are recitiired to conforiu themfelves.accordingly. to the Superi. nb ,Cort ala zances, Warrants and other Procefies already iflited, taken or depending in the ready be it Number enatteb, That all Appeals; Writs' of ReviewRecogni- our Ctakeir; faid Counties of Efjex or f brk, which were to have been returned or proceeded out for Epees; on at the 'Times heretofore appointed by Law for holding the faid Superhed turned Courts at Ipfwich or York, (hall be valid and hand good to all Intents and Pine- at thealter'd pofes in the Law, ,and (hall be returned and proceeded on at the Times am Time. pointed by this A& for holding the faid Superiour Coutts refpet Lively. 1tt0 be it (tier. er ettacte0; That all Appeals, writs; Recognizances, War- . wrusAppealt rants, and other Proceffes alreadyWiled taken or de endin in the faid Cont &c. already forthe • depending Y �i3-ued for the of Barnflable, which.were to have been returned or proceeded upon at theTime lnferioreourc heretofore appointed by Law for, holding the faid Court of' General Sealions of for Barnflable the Peace and Inferiour Court of Common Pleas ar jar rif dbile on the !aflTuef- to be procetd- day of June, (hall be valid and Eland good to all Intents and Purpofes in the nextTerm.e Law, and !hall be returned and proceeded on at the Time appointed by this A& for holding faid Court of General Seffions of the Peace and InferiourCourt of Common Pleas on the third Tuefday of September next. The like for 20 be it Inaba eneutea, 1 hat all Appeals, writs,Recognizatices,Warrants the Inferior and other Proceffes already iflited, taken or depending in the faid County of Courtinrorh. York, which were to have been returned ©r proceeded on at iheTitite heretofore appointed by Law for holding the faid Court of General Seffions of the Peace and Inferiour Court of' Common Pleas at Tork on the firft Tuefday of July, !hall be valid and (land good to all Intents and Purpofes in the Law, and Miall be returned and proceeded on at the Time appointed by this Aa for holding faid Court of General Seffions of the Peace and lnferiour Court of Common Pleas on the fecond Tuefday of July next. CHAP. VL An Ael in further Addition to the Ac for Limitation of 3 c. z. ca ,. A&ions, and for avoiding Suits in Law, where the Matter is of long Standing. HEREAS by a Law of this Province, Intitled An A& in further preamble, Addition to the Act for the Limitation of Anions and for avoiding Suits at Law where the Matter is of long Standing, made and pared in the twenty --fifth rear of his prefent Majefly's Reign, the Time A a a limitted 1!IV.RIUL111141h ml 1ni 11.1 1111 nl. lin 1,11$11•128%.111..,,, it 11..11. • i I.. imo 1dd:.u14111 it t • d�. 17541 368 time conti- nued for con- mencingAeli- ons upon the Cafe Notes of Hand and Book Ac- counts. This Aft to be read in Town Meet- ing. And At the Sections of the Peace. Preamble. Quarter Sefli- ons in Dukes - Count) to afiefs the Inhabi- tants for keep- ing a Ferry. 7'T',q h.i ,H AAno Regni Regis G E O R, 0 1 1, II. Vicefimo-Septimo. errp in Dukes -County. limitted for commencing all Atlions of Account and upon the Cafe, excepting fuck as are excepted in.another ✓1t`t Intituled An Ael in Addition to and for the Explanation of an A& Intituled An A& for the Limitation of Mims and avoiding Suits at Law where the Matter is of long Standing, made and pained in the twenty-/econd Tear of his prefent Majefly's Reign, will expire in Sep- tember next : And whereas it is almofl impratlicable to have fuck ..Accounts and 481ons fettled within the Time now Omitted by Law for that Pure oje : 13e ft tbtrefolc mattes bp the c1 obernotit, Council ti n t) aft of ,epee: fentettiveo, That the Time for commencing of Actions of the Cale, upon Notes of Hand, or upon Book Accounts,limitted by: the faid A& of the twenty-fecond, or by faid A& made in the twenty fifth Year., of his prefent Majefty's Reign, fhali be and is hereby extended to the Taft Day of March, which will be in the Year, of our Lord One Thouflnd feven Hundred and fifty -fix ; and no Suit hereafter to be brought in fuch Cafes (Hall be barred,if commenced before the Expiration of faid Term. And that this Law may be more generally known re it flintier enauteb; That the Clerk of every Town and DiftriE within this Province (hall read or caufe. the .fame to be read in their refpeEtive Towns and DifIri&s, at their Anniverfary. Meetings in March and May -annually ; And the Juftices of the feveral Courts of Common Pleas within the refpeEtive Counties, (hall caufe the fame to be publickly read at the opening of their Courts from Time to Time after the Publication of this A&,,and until the laft Day of March One Thoufand fever; Hundred and fifty fix. C HAP. VII. An Act to. enable the jiftices of the Court of General Sef- fions of the Peace at their feveral Setons in the County, of Dukes -County, more effet.ually to regulate and keep up a conflan't Ferry from Dukes -County to Falmouth in the County of Barnflable. 7HEREAS there is Provifion already made by Law for the juflices in their Qyarter Sef ons throughout this Province to Licence Per- fons to keep Ferries, and flate theFairs or Prices of each.Ferry both for Nan and Beaf , and to take Bond of each Ferry -man &c. but no Provifion is made by Law to enable the juflices in their Setons to lay a Tax on any County for the upholding and maintaining of Ferries, either by building Boats, Wharves,Ways &c. where no particular Perfon or Perfons will be at the Colt thereof ; By Means whereof the faid County of Dukes -County is wholly defli lute of a Ferry from faid County (which is an Ifland) to the Main Land, whereby many Inconveniencies daily happen to thole that have Occasion to go to and from faid County : 1113E it ti erefore eilaateb bp the tlDobernOitt, Council anb oltife of Ittprcfentatibeo, That the Juftices of the Court of General Seflions of the Peace at any of •their Seflions hereafter to be held in and for faid County of Dukes -County, are hereby.enabled and directed to raife Monies and to aflefs the Inhabitants of faid County of Dukes•County and their Efiates, as well for the building of Ferry -Boats, making and maintaining fuitable Wharves and Ways for Ferry -Ways for the Conveniency of keeping a Ferry in faid County, in as full and ample a Manner as the Juftices in faid Qyarter Seflions are by Law already enabled to do for defraying the neceffary Repairs of Bridges, Prifons, the Main- tenance of poor Prifoners, and all other proper County Charges, and under the fame Regulations and Reftri&ions, • A N. 1 .Ano It egni Regis G E 0 R G I I,II. Vicefimo-Scptimo. Conination -of Harvard College imp o reb. __----------___ An A 1754. 369 Paired by the Great and General Court or Affembly of His Majeft yi Province of the IvIa/Jilchrtf tis- Bay in New -England, Begun a 'held at Boflon in the County of Suffolk, upon Wednefday the twenty-ninth Day of lay, 1 7 5 4. C H A P. VIII. An Ad for irnjiowering the Corporation of Harvard i College in certain Cafes to alienate Lands or other Real Eflate, and to make Sale of a Farm in Billerica. HERE. 4S the Prefident and Fellows of Harvard -College, by Virtue Preamble; the Charter of Incorporation granted them by the General Court of ohe late Colony of the Mafrachufetts, in the Tear i 650, are intpower d to purchafe and acquire to themfelves,' or take ereditanien�, not receive the n free aft or Donation any Lands, Tenements or H exceeding Value of Five Hundred Pounds per Annum but no owe is given them by the Paid Charter to alienate 'any Lands or other Real e Ends e whatfoever f evened in which in fame Cafes may be nec clary for promoting goodJig their Incorporation : e it tb erefale enafteb lip tfje cotiernour, Council anti "ode of Prefident and .epvefentatibeo, That where the Prefident and Fellows of Harvard -College eflowf are or (hall become feized of any Lands, Tenements or Hereditaments by Virtue tf a Harvard Col - of a Judgment recovered or. any Mortgage, or, by Virtue of an Execution for to make sale the Satisfaction of a Judgtnentin any Perfonal Action (the Time talowed fwfaid Pre- fident of Lands. Law for Redemption being expired) it may and (hall be lawful for withh the and Fellows, and they are hereby authorized and impo Advice and Confent• of the Overfeers of faid College, to k make Sale of e Deeds fuch Lands, Tenements and Hereditaments, or any Part thereof,nd e effectual in Law for conveying the fame, the Monies arifingby her fuchSales to e or applied to the Ufes in the Paid Charter mentioned, and to no Pur- pofe whatfoever. And whereas it hath been reprefented to this Court, that it wouldon ` be for rac`t of *he Interest, of the faid College, if Sale were made of a certain Land belonging thereto, which is fituated in that Part of the Town of Bellerica called Shawfhin : 'fie it ttjerefole eutltteb, That it (hall be lawful for the Prefident and and Flfor ndentSaie lows of faid College to make Sale of the faid Farm or Tract of they of a Farmin are hereby authorized to give and execute a good and fufficient Deed onDo edr Biller"'ds Conveyance of the fame ; the Proceeds of fuch Sale to be Real Eftate, which they may judge will be of greater Advantage to that Society. A a a a Jau hi ll uu 11wli1d10 ill ACT`$ 1754. 37© Preamble. Deacons and Churcb War- dens of Pro- te(tant Chur- ches to. take in Succeflion • Grants and Donations&c. Minillers to take in Suc- cefhon Parfo- nage Lands &c. NoAlienation to be made without Con - fent of the Church. Limitation of the Income Of Church Grants, Anno Regni Regis G `E O R G I I, II. Vicefimo-Oaavo. &canto anb onationz. A&s and Laws, Paffed by the Great and General Court or Affembly of His Ma- jeffy's Province of the .Maffacbufetts-Bay in New -England, Begun and Held at Bo/lon, upon Wednefday the twenty -Ninth Day of May 1754, And continued by Adjournment unto Thurfday the feventeenth Day of OHober following. CHAP. IX. An Ad for the better fecuring and rendering more of 'e&ual Grants and Donations to pious and charitable Ufes, and 'for the better Support and. Maintenance of Minif+ers of the Gofpel, and defreying other Charges relating to the pub - lick Worlhip. HE R E4 S many Grants andDonations have heretofore been made by fundry well-difpofedPerfons,in and by fuch Exprefons andTerms as plainly.'how it was the Intent andExpeelation of fuck Grantors and Donors, that their feveral Grants and Donations fhould take E. ffe5i fo ar that the Elates grantedfhould go. in Succefon : But Doubts have ar fen in what Cafes fucb Donations and Grants may operate, fo as to go in Succe For afcertaining whereof : 'lie ft enatieb tip tfje Oobernantr, Council anti battle of I.�,eprrfen- tntiveti,. That the Deacons of all the feveral ProteflantChurches, not being Epifcopal Churches,and the ChurchWardens of the feveral Epifcopal Churches, are and (hall be deemed fo farBodies Corporate, as to take inSucceflion allGrants and Donations whether Real or Perfonal, made either to their feveral. Churches, the Poor of their Churches, or to them and their Succeffors, and to fue and de- fend in all A&ions touching the fame ; and wherever the Miniflers, Elders or Veftry fhall in filch Original Grants or Donations have been joined' with fuck Deacons or Church Wardens as Donees or Grantees in Succeflion, in fudchCafes fuch Officers and their Succeffors,together with the Deacons or ChurchWardens, 'hall be deemed the Corporation for fuch Purpofes as aforefaid. And the Mi - flitter or Miniflers of the feveral Proteflant Churches .of whatever Denomina- tion, are and (hall be deemed capable of taking in Succeffion any Parfonage Land, 'or. Lands granted to the Minifter and his SuccefTors, or to the Ufe of the Minifiers, and of fuing and defending all A&ions touching the fame ;, Saving that nothing in this A& fhall be conflrued to make void any final Judgment of any Court of Common Law or Judge of' Probate; faving alfo, that no Aliena- tion_ of any Lands belonging to Churches hereafter made by the Deacons with,- 'out ithgout the Confent of the Church or a Committee of the Church for that Purpofe appointed, or by Church Wardens without the Confent of the Veflry, 'hall be fufficient to pal -stile fame. And that no Alienation hereafter made by Miniflers of. Lands by them held in Succeflion null be valid any longer than during filch Alienors continuing Minifters, unlefs fuch Miniflers be Miniflers of particular Towns, Diflriets, or Prcciths, and make fuch Alienation with the C onfent of filch Towns, Dint -kis or Precin&s, or unlefs filch Miniflers fo aliening be Mi- niflers of Epifcopal Churches, and the fame be done with the Confent of' the Veflry. And the feveralChurches in thisProvince not being- EpifcopalC.hurches, are hereby impowered to choofe a Committee, to call theDeacons or otherChurch Officers to an Account, and if need be, cotnmence and profecute any Suits touch- ing the fame, and alfo to advife and aflift filch Deacons in the Adminiftration of the Affairs aforefaid. Q1ttb be ft furtbjer enaitelt, That the Income of the Grants made or to be madeto any one fuch Body Politick for pious and charitable Ufes, fhall not ex- ceed the Sum of Three Hundred Pounds per Annum ; and alfo that all filch Donations on .Ano Regni Regis GEORGI I, If. Vicefimo-O&avo. aage arab Diboge Donations hereafter made by Decd, which (hall not be recorded in the Regifter's Office in the County where the Lands lie three Calendary Months before the Death of the Donor ; and all fuch Bequefls or Devifes which fhall not be nude before the laft Sicknef; of the Perfon making the fame, or at lertft three Months before the Death of the Teflator, (hall be utterly void and of no Effea : any Thing in this A& contained to the contrary notwith(landing. And whereas the feveral Congregations in the Town of Bollon, and fo;ne others under the like Circum/lances, are not by Law enabled by Vote to rail' Money for the Support of the Miniflry and publick Worfhip among them : 3c it amber eilitcteb, Thar in every fuch Cafe where Moneys cannot be railed as aforefaid for the Support of the Miniflry and defrcying the other Char- ges neceflary for the upholding and maintaining of publick Worfhip, and Repairs of the Houfe in which the fame is performed, by Virtue of any Proviflon in the Laws already made for that Purpofe ; the Proprietors of thePews or Perfons to whotn they are allotted in the feveral Houfcs for publick Worfhip, may, if they think fit, at a publick Meeting to be called for that Purpofe by the Proprietors Clerk, Deacons or Church Wai dens, and Notice thereof immediately after divine Service given tet) Days at leaft before laid' Meeting, cattle the feveral Pews in fuch Erodes to be valued according to the Convenience and Situation thereof, and a new Eftitnate to .be put upon laid Pews from Time to Time, as (hall be found neceffary, and aTax to be laid upon. each Pew according to the Conveni- ence and Situation thereof as aforefaid ; provided the Paid Tax (hall not exceed two Shilling's per Week on any one Pew : the Money fo railed to be applied to- wards the Support Of the Minifl'ry and other Charges nece(Tary for maintaining publick Worfhip or Repairs of the Houle ; and that the faid Proprietors may at a Mecting.to be called as aforefaid,choofe a Clerk and Treafurer, 'and likewife appoint fotne fuitable Perfoiis to demand and,receive the feveral Sums fo afTeffed of the Owners of fuichPews : And in Cafe of Denial on fuch Demand or Neg- le& of Payment three Months ;after fuch Demand, to fell the fame, and after deducting fuch Taxes and Cofls to return the Surplus to the Owners. Provided neverthelefs, That when the Owner of any Pew 'hall make n Ten- der of the fame to the Proprietors or to their Committee at the Valuation which (hall have been laft put thereon, and they (hall refufe or negle& to accept the fame, no Sum (hall be deduced out of the Sale of faid Pew, but fuch only ab fhall have become due before the making of fuch Tender. CHAP. X. An A& declaring in What Manner the Decrees and Orders of the Governour and Council in Controverfies concerning Marriage and Divorce 'hall be carried into Execution, 371 Pews may be taxed for the Charge of the pubtk Wor- frip, &c. \VHnEAS in and by an .fl& of this Province made rind pafs'd in the fourth Tear of the Reign of King William andQyeen Mary,it is among other Things .Enat/ed and Declared. T'hat'all Contrcver/iies concerning Marriage and ` ivorce, Jhall be heard and determined by the Governour and Council, but no exprefs Provilon has been made by the Laws of thisProvince for carrying the Decrees and orders of the Governour and Council in fuch Cafes into Execution ^:Ce it tbereioe etiacieti by the Oabernour, Connect anti tionfe of 1, tintieittatibeO, 'that if any Perfon !hall retitle dr reale& to obferve and conform to any legal Degree or Order, whether interlocutory or final, made, or that (hall, hereafter be made by the Governour and Council in any. Controverfy concerning Marriage and Divorce; every fuch Perfon (hall be and is hereby de- clared liable to fitffer the Pains of Imprifonmenr, and it (!tall and may be lawful for the Secretary of the Province to inhe a Warrant under his Hand and Seal by I IIE I,U`IIIL1.,41 I1.l„I I,lal6 , me .411 .,i llII 1 Provifo, the "Fax exceed not z s. per Week. Proprietors to chofe a Clerk, Treafurer,&c. ProviCQ. Preamble. Perfons rcfu- fing to con- form to any legal Decree of Lioveinor and Council liable to be imprifoncd. 1755. Anno'Regni Regis G E O'R G I I,. II. Vicefitno-Oeiavo. Land Mira by Order of the Governour and Council, directed to any Sheriff or his Deputy, requiring him forthwith to arreft the Body of fuchPerfon fo refuting or negleet- insg, and him to commit unto his Majefly's Goal, there to remain without Bail or Mainprize, until he (hall comply with fuch Decree or Order made as afore - laid. An A& P'aNfed by the Great and General Court 'or Aff'embly of His Majeffy's Province of tlie' Ltdaffacha f tts-Bay in _New -England ; Begun and held at Boflon upon Wednefi`fay the twenty-ninth Day of May 1751 And continued by fundry Prorogations unto Tuefday the twenty-fifth Day of March following. CHAP. I. An Ad in further Addition to the feveral Laws already in Being for the morefpeedy finifhing the Land Bank or Manufaeloy Scheme. . HERE 4 S the Land Bank or ManufaElory Scheme cannot be equitably frnifhed, unlefs further Provifion be made by Laic) ' for the Sale of fuch Real Eflates of Delinquent.', as are or may be taken by Execution or, Warrants of ¶iflrefs : Sheriffs'im- ' the it tf erefo/c ennacb bU tbt d obertlotir, 'commit ouiitii atib Poore of iii, e - powered to pvefentatiteo That 'every Sherif,Under-Sheriff orDep>:ity-Sheriff,who (upon make Sale of the -Receipt of an Executionor Warrant of Diflrefs ifi'ued or to be ;flitted by the forfeited E- y f 'dS 1 aina rheEhatesof any gates in the Land Bank, in Cafe. Provifo inCa- fes where the Eflate is in other Hands befides the DireEtors and Partners. CommiffionersbyLaw appointed to finifh the at c ieme,ag of the lateDireEtors orPartners therein, for any Sum or Sums of Money afl'efl'ed or that may be all'effed on them,or either of thern,or whichve ied theirEmt aes are by the aw h'' made liable to thePayment of) hath or fhall fuch Drector or Partner; and Chan or any Part of the Real Elate of any have. obtained from the Regifter of Deeds in the County where fuch Lands lie, a Certificate that upon a careful Search made in tion oe f ifit hof D teeeds hathere, it been doth not appear that any Conveyance or Ali made by fuch Direelor or Partner, and entred or lodged in fuch Regiflry at any Time before the Month of Otlober Anno Domini One Thoufand (even Hun- dred and forty three (at whichTime thole Eftates were by Law fubjetted to the Paytnent of ,what fhould appear to be due therefrom to the Company of Part- ners) fuch Sheriff or Under•Sheriff'or Deputy fhall be and hereby is autho ized ed and impowered (after the Time allowed by Law for the Rerebp , :Hates (hall be expired) to make Sale thereof, and to make, fign and execute (in due Form of Law) a Deed or Deeds of Conveyance thereof with..Warran- tee ; which Inftrument or In[hr'uments of Conveyance (hall make a good Title to the Purchafer, his Heirs and Affigns for ever. Provided always, inti lie it further rncuteb, That any Perfon or Perfons (other than the' Dire&or or Partner) whole Elate (hall be taken and fold as aforefaid, or his Heirs, Affigns'or Devifees claiming any Right in or to fuch Eflate) may (any Thing in this Act before- mentioned notwithilanding) bring his or their AEtion for the Recovery thereof, provided the fame_be commenced and_ urfued within one Year from theTime of making fuchConveyanoe; and every p,Mion' of Trcfpafs, Eje&ment or other A5tion againft theSheriff or otherOf Icer for his Doings therein, or 'that (hall be brought to Eviel or in any wife to moleff the Purchafer his Heirs or Afligns, in the peaceable PofTefon of the Eflate (fold him as aforefaid) at any Time after the Expiration of' faid Term, !hall be utterly barr'd ; laving fuch A&ion'or Actions as may be brought by any Perfon or Anne Regni Regis G E O R G I I, II. Vicefitno-Nono. 1755 proeeeitnf of Court conirm'ba 3 73 or Perfons who at the Time of fuch Conveyance [hall be and than continue out of this Province 'till after the Expiration of faid Term, or ..that [hall be brought by any Perfon who during that Time [hall be under fotne legal Inca- pacity of bringing his Action ; in either of which Cafes fuch AFtion, may be brought within one Year from and after the Removal of fuch Impediment, and not afterwards. . Mtib be it fluffier etincteti, That the feveral furviving DireEors and Part- The Eflates of Hers in Paid Scheme and their Eflates, and the Eflates of fuch of them as are furviving and deceafed, shall be and they -are fiib'eeted and made liable to anfwer and deceafed Di- y j tutors and refund all Coft and Charges that may arife in Confequence of any fuel[ Convey- Partnersmade ance ; fuch Charges to be aflelred on them by the faid Commiflioners,and to be liable to anf- raifed and collected in Manner and Proportion as fet forth in the A& made in wer.Charges. the twenty fourth Year of his prefent Majefly's Reign Intituled An as in Addition to the feveral Laws already in Being for the more fpeedy ftni/bing the Land Bank or Manufa&tory Scheme. And whereas divers of thelliortgages given by the Partners (at their firfl Preamble. .Entrance on faid .Scheme) to fecure the Payment of their Dues to theCompany of Partners are not as yet difcharged by the Conimtironers, nor fuck Dues to the Company paid : And whereas the original _Mortgages (lodged in theCourt- .Hot fe in Bolton) were cont med by fire : Attetted eo %Be it tberefole Intact mato, That upon Suit brought, or that may be p% of the Mort - commenced upon any fuch Mortgage remaining not difcharged, an atteftedCopy gages co be of the Record thereof in the Regiftry of Dears in the County where the Eflate valid as the fo Mortgaged lies, (hall be deemed good and fufficient to all Intents and Purpo- Original. • fes as if the original Mortgage was produced in Court on the Trial. Provided, that nothing in this or any former Alt [hall be conflrued or un- Provifo that derflood to abridge the faid Commifl'ioners of the Power formerly given them by. the C ommifit- the Laws of thisProvince, by dueCourfe of Law, in fuchCafes as they fhall judge benot nvali- mmay require it, to recover of any Dire&eor or Partner what became due from dated. him to the Company of Partners by Force of any former Aflef 'meet or other - wife, or of making and executing Deeds of Conveyance of fuck Eltates as have been or may be taken by Execution in Satisfaction of fuch Dues. An A& Paired by the Great and General Court or Afr'embly of HisMajeffy's Province of the Maffzcbtf/etts-Bay in New -England ; Begun and held at Bofion, upon Wednefday the twenty-eighth Day of May, 1755. And continued by Prorogatiotis to Wednefday the twenty- fourth Day of September followink, and then met. -CHAP. I. An A& for confirming the Proceedings of the General Afembly convened on the fifth of September, Anno Domini 17 5,5. WHER.EAS upon Advices of great Importance received from theTroops gone upon an Expedition agatnfl Crown -Point, His Honour the Lieute- Preamble; nant Governour and Commander in Chief, and His Majefly's Council, judged it abfolutely necefary that the General Affembly which flood Prorogued to the twenty-fourth may ofSeptember Inflant, fhould be fooner convened, and the fame was accordingly convened (by his,hronour'sProclamation)and held on the fifth of the fame Month, and from Day to Day continued until the ninth In- ftant, during which Time divers Matters of publick Importance were tranf- ailed ; and whereas foine Doubt may poi bly arrfe touching the Legality of the Proceedings of that afenibly, held before the Tillie . to which the fame flood „Prorogued 111 Jkill 1 •Hepar idi,i i it 1.1, i�YJ �dJlel THEREFORE OA n, 14 1756. An'no Regni .Regii G E O R G I I, II. ,Tricefimo. 374 cxetfe. ia.te% anb Zaxeo. All Procced- ingsof the late Convention of the General Colin con- firmed. Preamble. THEREFORE for the Preventing or Removing all Doubts and Dif putes touching the fame : Council anti Ponce of . �e It wino hp the tienteilaft Q& turnout, eprefentatfbeis, That all Votes, Orders,Laws and otherMattcrs, made, palled ol• ,tranfa.&ed by the General Aflembiy convened and held on .the fifth of this lnftant September, and which was held until the ninth Day of the fame, be and they are hereby eftablifhed, acid 'confirmed, and chill to all Intents and Purpo- fes be deemed valid and effeelual in the Law, as if the Great and General Court orAf3'embly had stood Pi'irogued to the fafhaiD� otlleof �Matte�shad beener, and d been then held ;..and the fame Votes, Orders,Lawsp or tranfaEted by the faid Great and General Cotirt during filch their Senior'. • Purcba`fers or Colle&ors of Excite not' to be Members •of the Court. 4. G• 2. ca. t Preamble. An MI) Palledb the Great and Goeral Court or Afi'ernbly of HisMajef:Iy's Y Province•of the Ma/acbufetts-Bay in New -England ; Begun and held at Bofion upon Wednefday the twenty-eighth Day of May, 1755. And co,tinucd by fundry Prorogations and Adjourn- ment to Wednefday the fourteenth .Day of January following, and then met.. CHAP. IL An Ad to prevent Farmers and Colle&ors of the Duties of Excife, being Members of the General Court or Affembly of this Province. WHEREAS many Inconveniencies may arife to this Government by Perfons concerned in farming or collecting the Duties of Excife, being Members of the General Court or ,Ajembly : 1e it meet) by tfje ci obernour, Council anb boufe of laeprcfcnta,. 61310, That no Perfon who (hall either directly or indirectly be a Purchafer or Collector of the Duties of Excife laid by the Act pad this Acs,prefe or it Seilion ch 11o the General‘Court, or which (hall be laid by any future di - rally or indirectly be a Sharer with any fuofh theCouncil orer or 'Houfe of Relleelorr�refen Duties, • fhall be allowed to be a MemberP tatives of this Province during the Term of his being fo concerned. An 61 • Palled by,,the Great and General Court or AfTembly of His Majesty's Province .of the:/14aftchufetts-.Bay in New -England ; Begun and held at Bofion upon Wednefday the twenty-fixth Day of' May, ' 1756• And continticd'by Prorogations and Adjournment to the fifth Day of O[lober following, and then met. CHAP.1• An, Ac'& in Addition to and for Explanation of an At made the fourth Year of his ; Majeffy's Reign, Intituled .fin direfing how Rates and Taxes to be grantecb the 'General i embly, as ago County Town and end 9 Rates 'ball 6e, a feted and colleted. HERE.AS in and by an .Ac`s made in the fourthTear of his prefent Majefly's Reign, Intituled An Aet directing how Rates and Taxes to be granted by the General Affembly, as alfo County, Towh and Pre. cinct Rates (hall be aliened and colleEed, It is among other chine's .,Brno Rcgni Regis G E'O R G I I, II• Tricefimo. Rainsford's-i. amts• ....................... That tw9 or flz2re .4111 1r•s /1nll hive Power by Warrant under provided, .� may their Hands and Seals, to commit to the common Goal, fuck Perfons as being' duly affefed (hall refute or negled to pay the Sums fo afied by the Space of can twelve `bays after Demand thereof, ono And t whereas �s2?cubtrbath be found, whereby the fume may l a,rifen, Whether by the .4feffhrs fo intpowered be meant and intended the .A tutors for the Time being, or the ./.Iff (fors by whom the Perfons to be com- witted were afef ea :�� Telt tbcrcfo e R itatteb bp the Lieutenant d6obetllOitt, Council ant t)ottfc Affcfl'crs for bf IRepveftntftibc, That by the Affc(1'ors fo impowercd in and by the A£'t rile 1'ime be• aforefaid, the Af eflors for the Time being, and they only; are rncant and in- •,ng intended. tended ; and that the laid Aa (hall be and always ought to have been fo tander- flood. any Pcrfon apprehending himfclf over- Perfors over glib be it further men, That unlcfs rated, and applying to the i\{lcffors for the Time being for Relief, (hall upon re►ieved by . they dl'P apply their Refufal to cafe him, have Liberty to make Application to the Court of General Scfcions of the Peace to be held within and for the fame County with- may to. the Csene- in which the A(lefsment was made, next after Relief in fuchl�� Manner direeledf ral se inns of Court arc hereby authorized to grant him the Peace. ich in and by the A& aforefaid. 210 he it further cltncttb, That the Warrant for Commitment to be granted by the AM:ars as aforefaid, (hall be in the Form following : Form of the if. To 4. B. one of the Conflables (Collectors) of the Town of C. in the Warrant of 'County of S. `Greeting. Commitment blereas ,Application bas been made to us the Subfcribers, .Affeffors for the to he granted faid `Town of C. by the faid ..i. B. one of the Con/fables (or Colle ors) by egranrs. .ofPaid Town of C. in Paid County that H. I. of raid Town of C. is_ affefed to the Province Tax in the Rate -Bill committed to him the faid A. B. to col- leal as Conflable (Collector) for the Tear .the Sun; of And altho' the faidTax has been demanded of the laid H I. yet he negleas and refufes to pay and fatisfy the fame,, and there being no Elate of the faid fd 1. to be found whereon to levy the fame : Eke are therefore in his Maje/ly's Name to require you the faid A. B. to true into cafe Cuflody the Body of the fiaid B. 1 and him commit to the COMM' Oil Goal of the Paid County of S. there to re- main until he the faid H. I. /hall p6y and fatisfy the aboveSums with all nee 1757- 37 5 757•375 4 jay Charges, or be d fcharged by due Courfe of Law. Given under our Hands and Seals at C. this Day of Year of his IVlajefEy's Reign, annoque Domini, A.n Aa. in the 5 (lefrors of the Town of C. 1, mamma Paired by the Great and General Court or Afrernbly of His Ma - jetty's Province of the Ma/fachtr felts -Bay in New -England, Begun and Held at Dillon, upon Wednefday the twenty-fixth Day of May 1756, And continual by fundry Prorogations and Adjourn- ment to the thll teeth 'Day of March following, and then mer. CSI A P. II. .An Mt for Regulatin+ : he Holpital on Rainsford's-Ijland, and further providing in Cafe. of Sicknefs. . 31 G. z. Qa, 3. HERE.AS a good and convenient Houfe hath been provided at the Charge of the. Province on the Ifland called Rainsford's-Ifland, for the Reception of fucb Perfons as fhall be v cited with any contagious Sicknefs : Preamble; i$e it tie cf4c enactO by tit Council atth l).oufe of 11epr1fPlt- -ratf+eo, That Enquiry fhall be made by the Officer or other Perron on Duty Bbb at c 1 oo11,la{,i1; i, � ��.� li bll!rn 44'1111'I .eY .... r757. Arm' Regret Regis GEORGE I, T I. `Y`rirain ). 376 Rains(ord's-Vl `� at Ca/!/calf'!!/Kill, of every Vcilcl coming from Sea and palling by fi�Cattle, , Inquiry to be whether they arc all well on board, and al fo whether any infeelious Sicknek ha; made at the Caillerefpe&. .been on board, (ince they from left the Port frowhence they Jail came; and if any ing inFetlious Vef3'el inquired of as aforatid (hall have any Sicknefs on board, and upon further VefCc►s. ,In• quiry the fame'ball appear to be thePlague,Small-Pox, or any other malignant. Diflemper, in filch Cafe Order fhall be given to the Mailer or Com - ;wander of filch Veflcl, forthwith to' go down with his, Vetrel,and Anchor as near theHofpital at Rain.f rL/'s-ifianti as conveniently may be, or if anyVe(Tcl endure red of as aforefaid, ball have had any infcCtioils Sieknefs on board flue they left: the Port from,whence they lag came, in filch Cafe Orders '!tall be given to the Mafter or Commander of filch Veffel immediately to'Anchor; and to remain az Anchor until a Cerrificatc.(hall be obtained from the major Part of he Sele&- Men of the Town of B'oflon, that they are of Opinion filch Veficl may come 111) t0 Town, without Danger to the Inhabitants, or until the 'Laid :Mailer ball Shcea Mien receive Orders from- the laid Selo -Men to go with his Ve(Tcl and Anchor neat to certify the the Ficfpital aforefaid ; and in Cafe- any Mailer or Commander fhall by himfelf Safety of Vet-- leis coming or People on Board, make 'Calle Anfwer when hail'd by the Caine, or (after into thcHar. Orders given as aforcftiicl) !hall neg;led or refute to Anchor near the Gallic as hour, afoicftid. or come oif'SItoar, or fuller any ,Paflengcrs or Perfons belonging to the Velfel to conic on fjhoar, or any Goods to be taken out before the Vef- fcl (hall haveAnchor'd, or without Liberty from theSeleet-Men as aforefaid; or in- Cafe any Mailer or Commander order d to Anchor near the I--Io(pital afore - laid, hall neglect' or rehire Co to-do; in every fu -ch Cafe, everyMafler or Com- mander fo offending, (hall forfeit and pay the Sum of One Hundred Pounds=, or ft -Lifer fix Momhs Imprifonment. £i; be it further/ etlttt,t'ti, That upon Application made to the Se1eal-Mc -i of the Town of Bogor) by any Mailer or Commander of any VeaTcl at Anchor Leave to be had of rhe near the Hofpital as aforefaid, the Paid Seleel.Men are hereby impowcred to per- Selef•(blen mit fuck Paffengers, Goods or Lading. as they fhall judge free from Infation to for Landing come on Shore, or to be taken out and difpofed of as the Owners 'hall fee ;meet : P odsgers or And fuck Paffengers and Goods as (hall not bc permittee! as aforefaid, fhall re- main on Board, or be landed on fail Iff-and, or if any Mailer or immediate Commandcr of any filch. Veal for the 'Time beiinig, fhall come on Shoar, or Thar any of his People or PafTengers to come on Shoar, or any Boats to Come on Board, or fuffcr any Goods to be taken out of his Veffel, unlefs pert mitred as aforefaid, or ball conic up with his Veffel, until by a Certificate under the Hands of the Sclea- Men or major Part of them as aforefaid, it 'hall appear to the Captain General that Paid Vcilel Company and Goods arc clear of In- Coi'feiture for fettion, and the Orders for flopping )in and detaining the fame be remov cd and taken Contempt by 1 1 g ' the Mailer of, he ball for every filch Offence forfeit the Sum of Fifty Pounds • and in and others. Cafe he be not able to pay that Sum he 'hall fuller thrceMonths Imprifontnen.t; and if any Sailors or Pafiengers coming in faid VefT'e1, 'hall without the Know -- ledge or Content of thc Mailer prcfiinie to come on Shoar, or up above the faid Caine, or if any Per%n from Town or Country fhall knowingly prefinne to go on Board Bich Veal, or go to the aforefaid Houle or Eland in Time of -. lnfeaion there, without Leave as aforefaid, or if any Perron put fick into the laid Houfe, or fent there on Sufpicion of being infe&led, ball prefwne to go off. the !'land without Leave as aforefaid, every Perlon offending in any of thePar- ticulat s above-mentioned, !hall forfeit the Sum of Forty Pounds ; and in Cafe any Perbn be not able to pay the raid Sum, he 'hall fuller two Months Imprl(Unmcnt. All the before -mentioned Fines to be fucd for and recovered by the Select -Men of the Town of Bo/lon for the Time being, one Moiet3t thereof to be to his Maje[iy for the Ufe of this Government, the other Moiety pates of the to the Informer. . P'ace to or- kl.libi be it further curate , That when and fo often as any Slip or other der infe&ions Veal wherein any Infe&tion or infeEtious Sicknefs hath lately been, ball come onselto the to any Port or Harbour within this Province ; or when and fo often as any Per- Hofpitah fon or Perfons belonging to or that may either by Sea or Land come into, any TQWr1 Penally for Mailer's Of- fence • A ,io Regni e r E 0 R 0 1 1, I. rrisicefiiiio. upertol r tourtG. Towti or Place near the publick, i-Iofpital within this Province 'hall be vifitcd, or who lately before may have been vifitcd with any infeElious Sicknefs ; two of the ,juflices of the Pewee br Seidl -Men of' f itch. Place,. be and hereby are Inv- powered immediately to order the faid Veffel and Fick Perfons to the Province Jlofpital or Houfe, aforefwid,thcre to be takenCare of according to the Dirc6iions of this Att; and where any filch Ship Veal or Perfons cannot without great Inconvenience, and Damage be ordered to the aforcfiid Houle or Holpiial, in every filch Cafe the Rules and Directions are to be obferved which arc already made in and by an AEl pafs'cl in the t 3th Year of the Reign of his late Majelty King William the Third; Intituled An 48 providing in Cafe of Sicknefs. £nti be ft Quart: end tcb, That if anylMafter,Se'man orPafTenger belonging to any Ship on board which any Infe6tion is or hath lately' been or is fiifpc6led to have lately been, ©r coming from anyPort where any infeetious-mortal Dlllein- per prevails, 'hall refute to make Ank'cr on Oath to filch Q_ucflions as may be alked hire or them by the Sele&l- \Zen of the Town (who are hereby impowcred to adminiffer thc fame) to which ruch Ship (hall come, relatinc to filch Infe&ion, fuch Mailer, Seaman or i'afienger, (hall forfeit the Sum of Fifty Pounds ; and in Cafe he be not able to pay laid Sum' he (hall fuller fit Months lmprifonrnent; the above-mentioned Fine.to bellied for and recovered by theSelcEt-Men of the refpe&ive Towns where the .Offence (hall be committed ; one Moiety thereof to be to his Majefly for the Ufe of' this Government,. and the other Moiety to the Informer,; and where any Perfon (hall be conviEted of any Offence againft this AEI, and idler the Pains of Imprifonment, and (hall he unable to pay the Colts of' Profecution, filch Colts shall be paid by the feveral Towns CO which fuch Perfons refpeaively belong, or if not Inhabitants 'hall be allowed and paid out of the Province Tieafury, and the Sele&-Men of Boflon are dircEled and empowered.to,provide Nurfes, liilance and 'other Nece! cries for the Comfort and Relief of filch 'ick Perfons fent to Paid tf ofpital as aforefaid, the Charge thereof to be born by the fiid Perfons there elves; if able, or if Poor and Indi- gent, by the Towns to which they refpcEtively belong, or if' not Inhabitants then at the immediate Charge of the Province. CI4AP. III. An. A61 appointing the Times for holding the Superiour Courts of judicature &c. in the Counties of Plymouth and Bar ilable for the prefent Year. 1757. 377 Penalty for t not anfwering onOa r h , efer- ring tointedl:i- on, Seidl Mea directed and impowred ita providing Nurfes At- tendance &e: WHVERESAS in and by a late 4[1 Intituled, An AEI for altering the Times preamble. Appointed for holding the Superiour Court of Judicature -&c. in the Counties of Plymouth, Briflol, and Barnflable ; it is provided, that his illaje f y's Superiour Court of f 7udicature,CCoicrt of 4tize and GeneralGoal `1Je- livery 'hall for the future be held at Plymouth within and for theCounty of Ply- - mouth,on the la/IT'ufday of April annually; and that the faidCourt fhall be held at Barnftable for tbeCounties of fortifiable andDiakes Countyon the jrfl ruef day of May annually : And whereas /ince the paling Paid All the 4dmini= flration of Government hath by the Veath'of the late Lieutenant Governour dezrolved'on his Iliaje/ly's Csuncil ; whereby a general Attendance of the Mem- bers of raid Council, three of whom arc 7t jlices of the faid Court, is rendred more efpecially requ fte,at`this Time : Times for Be it tB erefla ,e enattcb, That the Paid Court for the prefent Year ball be holding Ply. held at Plymouth within and for thc County of Pip/lout/2 on the third mouth & Barn- Tuefday of July next : And at Barnjlable for the Counties of Barr f able and liable Superior Dukes County on the fourth Tticfday of 7tily next. Courts. 2nb be it ft;rrljer Timm, That all Writs and otherProce(les already i(Tiwed wiles and o returnable to the faid Court, (hall be returned, and all Matters depending at the Hier Procel%B Paid Court in either of Paid Counties [hall bc proceeded on, at the Days refpea- Cc. ively appointed by this AEI for holding thc f flnc : And all Officers and other Perfons concerned are required to conform thetnC1lves accordingly, • 13 b b l A N I l' .11{4;l I II • u i Ila ids.I ,.I In e' Jail I61 .i Lduli idler !gj 1i.�1 i �.yi„Ylll JII:I-.IIli!&,,,I1II0 Anno Regni Regis G E 0 R G 1 1, Ir. Trieefitna-P frim6, Ralnsf ord s Ciat1b An A Puffed by the Great and General Court or Affcrnbly of His Majeffy s Province of the Mafflichi fetts-_Bay in IVcw-England, Begay un and held at Bofion upon Wedncfday the twenty-fifth T the ott y - ay 1757• And continued by Prorogations to We y third Day of Novem&er following, and then met. C l -I A P. IV. An A& in Addition an A& intituled An far! forRegulating ie Hofpital on Rainsford's-eland, andfurther providing . in Cafe of ,Szchne/s.. . HEREAS in and by an AR Intituled, An Aft for o Regula�� tfe he Hofpital on Rainsford s-I/land, and further providing Sicknefs, it is provided, Thar when and fo often as any Ship or other Veal, wherein any Infection or infefious Sicknefs hath lately been, fhall come to any Port or Harbour within this Province ; or when and fbY fon or Perfons, belonging to or that may either by Sea or Land, d,[ come iall be v any ,11 the pulic Hofpital wlthln this , ro , Townted, or react near <<�� t-u�.�•- or who lately before may have been vifited with any infectious Sicknefs ; areby stwo of Juilices of the Peace. or Seita• men of fuch Place, ai�ds tlhereb rain:- powered immediately to order the laid Veffel and fick ovince Hofpical or Houfe aforefaid, there to be taken Care of. But no Penalty is annexed to the Breach of the afore -recited Paragraph of faid AS : -Wherefore, lase ft enacted bp the (obmrttattr, Council flub truce ofCiel offs ent It tis, or hath peacec.. That when any Ship or other Veff el, wherein any infectious Peace &c. to Order infeai. ,lately been, [hall come to any fort or Harbour in this Province, fa�� ��lt�i�l7erl;ro� Pus ons t s or Jus{ices or the Select -Men of the Place, (hall order the Perfons to the Pro- vince P-Ynfpir^1 ; and the Mailer or Mariners of fuch Vefhel, Miall refute or de - even to raid Matter or either lay by the! Space of fix !lours after [aid Urctcr. ge of the Owners of Paid Veflel, or of the Factors of eithr d faid to Owners,raid tolcome tto fail, if Wind and Weather permit, in order to proceed Mailer of faid VefFel !hall forfeit and pay the Sum of One Hundred to � forms, Penaltyfor and fuffer fix Months Imtprifanment ; one half of faid Fine to •e or Profecutor, and the other half to the Poor of the Town or D ip n � to Court which Difobedi nee y to the Alf, fuch Port or Harbour belongs ; the Offender to be profecutec f Jufbice proper to try the fame. Perfons wha fhall give or engage any Sum of Mo- nev&c for any ,,!Y gage to payanySum of Money, or of aer Office orPlb ce . of Trull liable order to induce fuch other Perfon to procure for him by his ntere t, to a Cher, in to a Perre alry, A&s and Laws, , Paired bythe Great and General Court or Affembly of HisMat, t g Province of the M.Maficbuftts-lay in New-England Dayegu May, and held at Boflo:t, upon VVcdnefday the twenty-fifth uri:la� the fecund' 1757. And continued by Prorogations to Y Day of March 'following, and then met. CHAP. 1. An At to prevent Bribery and Corruption. (t enntte� hi) the C3atverlt©tit, Council anbind relic f epreir en� fcurativeo', That if any !'erfon fhall dtrettly ory give, l valuable Confideration to ano- Anno Regni Regis G 2 0 •RGI 1, It `I°ricefimo-Primo, Hingham .43caufrobQ jitat4rotm0, Influence or. any, other Means whatfoever, any Office or Place of Trutt within this Government, and be thereof convict, fhall forfeit a Sum not exceeding One Hundred Pounds, nor lets than Twenty Pounds, at the l)itcretion of the Court which (hall have Cb'nizance of the fame, and be rendered for ever after inca- pable of fu[Iaining any OffiI lof Tru(i within th s Province. .1t�I be it ft;v ljcr cim.!tcce tor, That ace if any Perfon [hall receive of another any Sum of Money, or other valuable Confederation as a Reward for procuring,or to procure any Office or Place of Truft within this Government, for any other Perfon, and be thereof convicted, fhall forfeit a Stun not exceeding One Hun- dred Pounds, nor lets than Twenty Pounds, at the Difcrction of the Court which ,fball have Cognizance of,�t�� leme. ditab And 1 fiic#nf tlholldj�etlae f1me,;tnd beer be in any for Office, he fhall on the C on i ever after incapable of fuflaining any Uf1ce or Place of Trutt within this Pro- vince. And for the more eafy Gonvic7ian of filch Offenders : e it amber entiti=es, That if either of the Parties offending as aforefaid, fhall give Information upon Oath again{} the other offending Party, and (hall duly profecute (aid Information, fuch Informer shall be freed from every the Penalties aforefaid. And all Offences againfl this Apt, [hall be heard, tried and determined before ,the Superiour Court of judicature, Court of Aflize andGeneral Goal , elivery; and all pecuniary Penalties accruing thereby, (hall be one Third thereof to the Informer, and the other two Thirds to the Province. , 1758. . Y 379 Perfons who fnall receive any Sum of Money &c for procuring any Cflice orPlace. of Trull liable to a Penalty. CHAP. I1. • Perfons in• forming freed fromPt naltics. Offences tobe :r.ed before the Court of Af:ze, An At9 for Regulating the Proprietors of the Meadow and Flat -Ground within the Cove called the Little Harbour in the Townfbip of Hingham, in the County of Suffolk. 4" iI E R .E A S the Proprietors of the ]Meadow and .Flat Ground within the Cove called the Little- Harbour in the`[ ownfhip of Hing- pream• bic: ham, in e Ccu,�ty of ,Sufl^ollc, In the Year OneT houfand fevenHun- dred and forty, 'at athgreat x ence ereeled a Dam at the Mouth of faid Har- bour. by 1Vleans of which the fame yearly producer a con fiderable Quantity of Thatch ; but that a growing Charge arifes from clime to `lime in keeping the faid Dam in Repair, and that of letting in and drawing of the Water as is neceffary ; and that the fame for isle to come may be well Regulated, and the Charge thereof equally born : 113c it ettncfeb by the croocriiottr, Council anb 11?otifc of e ecfetltct- tftie , That the Proprietors aforefaid be and hereby are invcflcd with the fame Powers and Privileges of calling and regulating Meetings, and choofing proper Officers, as the Proprietors of Common and undivided Lands by Law are inveft- ed with ; and by a major Vote of the Proprietors (to be collo&ed according to their lntereft) may make Orders and Rules as they (hall judge neceflary,touch- ing the Repairing or -making any Dam or Dams, and drawing off the Water,and grant and raife any Tax or Taxes for the defreying their neceffary Charges, to be afl"e(led and levied on the feveral Occupants of fuch Meadow or Flatts, in Manner as by Law publick Taxes are to be levied. I ,i I I I, i 1.111.1 I, I I, 111 ,. 1111v 1 1 11 AN Proprietors inveffed with the Powers & Priviledges of' calling Meet- ings, &c: 1758. 380 Preamble. 'Time of Infe- rlour Courts Sitting inP/y mouth for the County of Flymouth al- tered. All Matters depending in faid Courts continued. Preamble. 4444•1111i l• Anne Regni Regis G E 0 R G I I, II. tricefirno-Secundo, PlynnouthRjijurj�. 2tbf o ming tpcbto . An AI; Pafled by the Great and General Court or Alterably of HisMajeffy's Province of the Mafachgfetts-Bay in New -England ; Begun and held at Bolton upon Wednefday the thirty-firff Day of May. 1758. And continued by fundry Prorogations to the fourth Day of °Sober following, and then met. CHAP. I. An Ad for altering the Times appointed for holding the Courts of General Seflions of the Peace and Inferiour Courts of Common Pleas at Plymouth, within and for the County of Plymouth, HERE /1S the Times appointed by Law for holding the Courts o, General Setons of the Peace andlnferiourCourts of CommonPlcas at Plymouth, within and for the County of Plymouth, is found to be inconvenient : ie it *vault ena.rteb En, otrerttour, Carrrtcfi attb elft of 1ttepvefentatibro, That the Times for holding the faid Courts of General Seflions of the Peace and Inferiour Courts of Common Pleas at Plymouth, for the County of Plymouth, (hall henceforth be on the firfl Tuefday of 7anuary, ✓April, July and Otlober annually ; and all Officers and other Perfons con- cerned, are required to conform themfelves accordingly. znD he it further crtartt% That all Writs, Suits, Plaints, Procefres, Apo peals, Recognizances, Warrants, or other Matters or Things whatfoever, which now are,or at any Time before the faid firfl Tucfday of january,fhall be i(Iited, 'taken or depending in the Paid County of Plymouth, which were to have been returned or proceeded on at the Time heretofore appointed by Law for holding the laid Courts at Plymouth, (hall be valid and (land good to all Intents and Purpofes in the Law, and (hall be returned and proceeded on at the Times ap- pointed by this Alt for holding the fame. • A n A & Palled by the Great and General Court orAffcmbly of His Majefly's Province of the 1Vla irchufetts-Bay in .New -England ; Begun and held at Dillon, upon Wednefday the thirty -lira Day of May, 1758. And continued by fundry Prorogations to Friday the twenty-ninth Day of December following, and then met. CHAP. IL Ari Act to enable Creditors to receive their tuft Debts out of the Effe&rs of their abfent or abfconding Debtors. . 01? the better preventing of Frauds and Deceit too often deigned and prac`iiced by ill mindedDebtors, in bctruf ung and depofrting tbeirGoods and Effec`ls in the hands of others, with Intent to referve and fecure them to their own Ufe and defeat their Creditors of their full Dues, abfcond- ing or withdrawing their elves out of this Province or not bei,i within this Province, or to be come at, and their Goods and Etats concealed fo as they cannot be attached and made liable to the ,Payment of 'their Creditors by the ordinary Procefs of Law : e qtr Anna Regni Reis G L Q R G l 1, 11. `I`'t•icefimo-Secundo, 2libiconbing Vcbtog5e tic it numb hp ttjc (i3atiernotir•, Councf! ,filth Oottfe of tteprefenta tiles, That it {hall and may be lawful for any Perfon entitled to any Action of Debt, Detinue, Account, Covenant. or Cafe, in Trover,Indebitatas,Afnr- fit, or on exprcfs Contracct againfl any Perfon abfconding or abient out of this Province, to canfe the Goods and Elate of filch abfconding or abfent Perron ro bc attached in whole Hands or Pofreflion foever the fume arc or may be found : And the attaching of any Parr thereof (hall fecure and make the whole that is in fuch Perfons hands liable in the Law to Refpond the Judgment to be recovered upon inch Procefs, if fo much there be, and no further, and !hall be fubje6led to be taken in Execution for Satisfaction thereof, or fo far as the Value thereof' will extend, and the Peron in s;vhofe Hands they are (hall expofe them accord, ingly. 'rlii tic it Curtner emitter', That where no Goods or Effe&s of filch abient Agent, &c, o or abfconding Perfon in the Flands of his Attorney, Factor, Agent or Truftee, ar abfenr . 1758. 381 Goods and h:t}i;tls of ab- fconding Debtors to be attached. And fuhjc& to Execution. (hall be expofed to View, or can be come at fo as to be attached, it fhall and llea•or ro b f e umrnoto may be Iawful to and for any Perfon entitled to any of the aforefaid Actions to iLours inuuecadfe file a Declaration againfl inch abfent or abfconding Perron in the Clcrk'sOt'lice no Etfeas ap. of thc Inferiour Court of Common Pleas in the famcCounty where fitchFaelor, pear. Agent or 'crake lives, therein pa; ticularly Petting forth his Debt and Damage, how and for what Cattle it arifes, and to caufe the Attorney, Factor, Agent or Truflce of titch abfent or abfconding Perfon to be ferved with a Summons out of the Office, annexed to the faid Declaration fourteen Days before the Sitting of the Court, for his Appearance at filch Court; which being duly ferved, and Return thereof made under the Officer's Hand, (hall be fuflicient in the Law Trial there. to bring forward a Trial without other or further Summons, unlefs the !'rinci- hada to be pal be an Inhabitant or hath for forte Time had his Refidence within this Pro- vince, in which Cafe a like Summons with an atteflcd Copy of the Declaration annexed, fhalfalfo be left at his Dwelling Houle, Lodging or Place of This Taff and ufual Abode fourteen Days before the Sitting of the Court ; and filch At- torney, Factor, Agent or Truflec upon his Defire, (hall be admitted to defend the Suit on Behalf of his Principal throughout the Courfe of the Law, and an Imparlance (hall be granted of Courfe at two Terms fiaccevely, that he may Two Impar - have an Opportunity to notify his Principal thereof, and at the thirdTerm with- lances to be out fpecial Matter alledgcd and allowed in Bar, Abatement or further Conti• granted. nuance, the Caufe [hall peremptorily come to 'Trial, and if udgment bc ren- dered for the Plaintiff, all the Goods, E[le6ts or Credits of filch abfent ur ab- fconding Pcrfon in the Hands of filch Attorney, Fatfor,, .gent or Truflee,whicla Agents n filch Agents Hands were in his Hands at the Timc of his being ferved with the Summons and De- tubje�tt to Ex- claration aforefaid, to the Value of filch Judgment (if fo much there be) (hall ccurion on a be liable and fhbjcEfed to the Execution granted upon fuch Judgment for or Judgment. towards fatisfying the fame, and from the Time of ferving the Summons as aforefaid, (hall be liable and fecuured in theLaw in his Hands to anlwer the fame, and may not be otherwife difpofcd of or converted. Provided nevo/elcfs, aiib be it rncrfteri, That if upon Summons being ferved as aforefaid, the f uppofed Attorney, Fador, Agent orT•u11ee,fhal1 come Provifo. into Court at the firft Tet m, and declare that he had not in hisHands at theTime of the Service of filch Summons, any Goods, ElicEts or Credits whatfoever of the abfent or abfconding Perron, and (gall fubmit to an Examination upon Oath refpcc`iing the fame ; and if upon tach Examination it (hall appear to the Satis- fa6lion of the Juffices of the Court that he had not any Goods, Effe6t.s or Cre- dits whatfoever of thc abfent or abfconding Perfon in his Hands at the Timc of 1± being fummoncd as aforefaid, then in every fuch Cafe the Plaintiff (hall be- come Nonfuir, and fhall pay to him who was fummoned as Attorney. Fa6lor, Agent or Truftee, his rcafonablc Cots, to be taxed in common Form by the Ju[lices of the Court. Agents not 0nti be it fucth£r tuartcti, That if any Attorney, Fa(For, Agent or Truftee, ape►ri �g at being ferved with Summans and Declaration as aforefaid, [hall not appear at the rhe tira� beam pl &c liable tv firfI Term, and then either acknowledge himfelf to have had in his Hands tome pay Lou Goods I 11 11 11 11 411,1 WIII-111111 JI III Id11l,bll1P Vil1, 11111A 0 I! Will'il�1 !I I: III D�1�I��1 execution to be levied on Agen's pro- per ' -odds and Ettatc in cafe, Agent to be put on Oath. Agent to be acqui•ed and iiifcharged. � neo Reg ni Regis G E 0 R 0 I I, 1I'. Tricef,mo•Secundo. tato eCattit0 Goods', Effects or Credits of the abfent or abfconding Perfbn at theTime of the Service aforefaid, and thereupon pray that he may be admitted to defend the AElion, or otherwlfc fubmit hllnfelf to an Examination Upon Oath as aforefaid, be (hall be liable to pay to the Plaintiff all fuch Colts as fhall arife upon his Suit, to be raked by the Juftices of the Court before which the Aaion !hall be brought. tib be it furrjtr rnecb, That in Cafe any Attorney, Faaor, Agent or Truflee, from and after the Time of his being fcrved with Summons and De- claration as aforefaid againft his Principal (being an abfent or abfcondingPerfon) Than transfer, remit, difpofe of or convert any of the Goods, Effeets or Credits of fuch abfent or abfconding Perfon iii his Hands at the Time of filch Service, fo that there (hall hot be fuflicient to fatisfy the Judgment (the Debt being af- terwards alai -rained by judgment of Court) or that (hall not difcover, expofe and fubjeel the Goods, Ef eEts or Credits of fuch abfent or abfconding Per - fon in his Ilands to- be taken in Exectition for or towards the Satisfaelion of the Judgment fo far as what were in his Hands at the Time of Paid Service will extend, (hall be liable to fatisfy the fame of his own proper Goods and Eflate, and as of his own Debt ; and a Writ of Scrire Facias may be taken out of the fame Court and ferved upon him as the Law (!!reels, to appear and fhew Cattle (if any"he have) to the contrary, where upon Default of Appearance or Refufal to difclofe upon his Oath (which Oath the 1u(lices of fuch Court are empowered to adminifter) what Goods, EffeEts or Credits of the abfent or abfconding Per - fon are in his Hands, and to what Value ; then Judgment thall be entred up againft him of his own proper Goods and Eflate, and Execution be awarded accordingly. Provided nevertheleff, anti be ft nett, That if it (hall appear that the At- torney, Fa tor, Agent or Truflee fo fummoned as aforeflid, and having in his Hands at the Time of filch Suinmons any Goods, Effects or Credits of the ab - fent or abfconding Perfon hath not anyWays remitted, difpofed of or any !Ways converted -the fame after the Surhn,ons being fcrved on him as aforefaid ; but that he hath difcovered, expofed and fubjeeled them to be taken in Execution to fatisfy the judgment recovered againft the abfent or abfconding Perfon as aforefaid, then the Party who commenced the Suit (hall pay filch Attorney, Agent, FaEtor or Truftee, his reafonable Cofls, to be taxed in common Torg by the Juflices of the Court from which the Scire Facias !fined as aforefaid. klub be it Unarm: mute), That the Goods, Freels or Credits of any abfent abfcondingPerfon fo taken' as .aforefaid byProcefs and Judgment of Law out of theHands of hisAttorney,Faelor,Agent, orTruftee. by any of hisCrcditors,fhall fully acquit and forever difcharge fuch Attorney, Faelor, Agent or Truftee, his Executors or Adminiflrators, of, from and againft all AEtions and Suits, Damages, Payments and Demands whatfoever, to be asked, commenced, had, claimed or brought by his Principal, his Executors or Adminiflrators, of and for the fame; and if any Attorney, FaEtor, Agent or Truflce, (hall be molefted, troubled or fhcd by his Principal for anyThing by him done in purfaance of thisAtt,he may plead the general I(lue and give this Ad in Evidence. Provided neverthelef That any abfconding or abfent Perron againfl whom judgment (hall be recovered as aforefaid, !hall be entitled to a Review of the lame at any Time within tilled Years after fuch Recovery. CkiAP. 111. An Adt to prevent a Multiplicity of Law -Suits, HER E A S of late it hath been the Praflice of fine of the She. riff, Under Sherif, or their Deputies, within this Province, to receive fronttonic of the 7zfliccs of the Peace, and the Clerks of the Courts within the refpec`live Counties, blank !Frits, and then fill them up and rve. them, and fometimes appear by Virtue of a Power of Attorney to iturfue the fame ; which Praelice has a Tendency very much to rncreafe the ,. tmtber of Law -Suits, and to a partial Admini/iration of 7uflice : For '41 77, Anna Regni Rcgis G E 0 It C II, H. Trice! mo-Secundo. tan z5ankk 4 For Remedy whereof : 1Bc it c,uaLtcu ttv the Oabcrnoar, Council anti antic of r cprcfrtto tott`lno, That no Sheriff, Under -Sheriff; or Deputy-Sheriff•within this Province, from and after the tenth 1)ay of' February t 7-9,fhall prefhme to draw or fill up any Writ forany Matter or Thing whatfoever, triable before any of his Majefly's Juflices of the Peace Or Courts of Record within this Province, or be any Ways of Advice or Affiftance therein, Milers in Cafes where he or they are concerned as Plaintiff and in Cafc it, alpcars to the Ju(tice or Cotirt to whom fuch Writ is returned, that any Writ was fo drawn or filled tip as aforefaid, filch juflice or Court (hall difinifs the lune, and alloy Coils for the Defendant, Mob be it tut''rr ct' Wirer!, That no Appearance of any Sheriff his Under- Sherifl'or Deputy, before any Ju(lice of the Peace or Court of Record, by Vir- tue of a Power of Attorney, !hall be allowed good to any Intent or Purpofe what(oever, in the County where he is an Officer,. except where the Party giv- ing the Power lives out of the Province, and in this Cafe his Appearance [hall not be allowed if he filled the Writ. An A&, PafTcd by the Great and General Court orAffernbly of His Majcfly's Province of the uilli'hu/etts-Baty i n New -England ; Begun and held at Bolton, upon Wcdncftlay the thirty-firff Day of May, 1758. And continued by fuiidry Prorogations to Wednefday the twenty-cighih Doty of Febrmuy following, and then met. 17,9, 383 No Sheriff &c to pre - fume to fill any Writ or give Advice and Afliiflance except in cer- tain Cafes. NoSheriff &e; to ipp ar as an Attorney &c. CHAP. IV An A& in further Addition to the feveral Laws now in Being for the more ij)cedy finning the Land Bank or t 7 G. z. ca. 3 Manufactory Scheme. It t R V y t111.3ec ft ! jc�•cco:e mita) till tt3c �3ailcentear, Council anti locale of t epreicnrariibc��, That 2J/ ;n?s Goldthwait, and Nathanacl Match, Efqrs; be Coneniflioners in the Roan Of 7.7 : f(rr7'ries, Pig; who has refigned, and of John Chandler, EFT win declined Attendance on this Service foon after his Appointment to receive Commiflinn from thcGovernour, and the fluid Commif- (ioncrs with Siavitu:.'l'7.) anforth, ELT or any two of than, after the fhid Thomas Goldthwait, and Nath:a'Iacl Intim have been duly fworn as the Law directs, fhil by Virtue of this tkL`t have as fall Power in all Ref -peels as the Commifli- oners, hcrc:oforc by Law app! nted for adju(ting and fettling the Affairs of that Scaetns tire; e. t,reLted wich,a:rl they are Hereby authorized and direEted as Poon as C c c may HE REAS not-wit/I/ian: int the ft'�'eral Laws made for bringing the Preamble, Land Bank or Itanuf i�]9ry Sch:me to a Conclu[ion, yet by Reafon of the Death of/J Inc of the late Partners in frid Scheme the Irfol- vency of others, the Removal of divers of thein out of the Province (after their having fold their Real Ellaes) the Difficulties that have occurred in making Sale of the Real E/lates that have been taken in Execution, together with the Aii ritent (which was l odsed in the Secretary's O ce) being rendred in- valid, this ./fair cis yet emains u' fettled, to the great Damage of all con- cerned : And whereas an Account has been taken in Con/eguence of a Law paled at the Seflion of theta L °neral Court in M,irch /all, of all the Ihlanufatiory dills out/landina (aaninenti;iT to aah»trt Nine -Hundred and ninety five Pounds in thfrBills) to theEnd that. a n,41 i r.' »cent might be made for the drawing' inlaid Bills forthwith, and thereb putting a Stop to the Interco growing thereon : Commifiio= ners appoin ed in the Room of ;John Jr fries & jshnChanrl• ler, Efqrs; and their Power. n ,.t AWN RegniRegis GEORGII, II, trice L4 imp antro mo PCI.II do. 'may be, to make an Af7cf Zient of Three Tb and Pounds Lav'vful Money on filch of thole Perfons mentioned in a Lift printed in the Supplement to the .Bolton Gazette, Una; Thouf,and fever Hundred and forty-five, as are now liv- ing within this Province; whom they ;hall judge of Ability as to 1(Iate forth- with to pay what they !hall be affcffed and to proportion the fame an;oi;c; them as agreable to the Rules heretofore oblcrved by the Commiffioncr-s as may be, and the Aflefsilaent fo made, the Paid Commiflioncrs .(hail immediately after the making thereof cafe to be pLiblifhed in the I3oflon Week- ly News 'Papers, that fo every Perfim concerned may have the Knowledge there- of; and have Opportunity to pay the Sum affeiThd on therm refpalively, to the Commifl:oncrs; and if any P.crfon fo affeffed tl,:tll negle5f Payment for the Space of thirty Days next after the Publication thereof, the Paid Commiaioners !hall forthwith iffite their Executions againft fuch Dclin9uent and their &(laces; which Execution hall be in the Form following, viz, Province of' the y .Fors; 111of%ticbufetts.Pay, 5 Comms loner or the more ed l� .f la fpe y fiiaifbing the Land Bank or Manufat7ory Scheme. To the Sheri of the County of his Under -Sher! `1.)eputy. Ferro of the 7ilereas an the r 'Day 0 f an A� Execution, ,nada by us on divers of the late Directors andPartaters in feud Scheme, and afterwards publiMed in the publicl.Vews Papers in .boilon aprcable to raw once which noire than it/3 irty Days have Clapied, lla zohich A. B, of C, in the County of E, a late Partner in ;did Scheme zea f (:),,ge.d th., S'"en, ,of' as his Part or Proportion; and alt no' public Aiotice bus be, n ,-i7,, n of . ftzc1 Af nient as aforefaid yet the faid A.13. has lye -leelo J' „ ;"; You are therefore hereby required in his Afaj s!/y .1 IV acne, to le: y ✓{. thc of the faid A. B. the Sum of or of this Goods and Chattels to the Value thereof, and pay the,fame to us zi)ithi n thirty 'Days ays coml!!g, and for want offteb Money or Goods and Chattels to the Value thereof (when fold at an Outcry) to be by him /Llewn unto you or found within your Preclnc`7, you are hereby commanded to apprehend the Body of the faid A. B. and him comviit unto his Afc jefly's Goal in and the Keeper thereof is hereby commanded to receive the laid A. B, into the faid Goal, and him fately keep until he jZall pay the full Sum aforefaid, with your Fees. Hereof fail not, and snake Return of this Precept with yourVoin;s into our Othce at Bolton within thirtyDays next coming. Given under our hands and Seals at Bolton, the Day of A. D. and in the 1 ear of his Majef? y's Reign. or Greeting, melt was Coroners &c. to levy Exe . mations on Sheriffs &c. Commi(lio- ners when e- nabled to re- deem Bills to give Notice. Commiflio. ners impow- red to call Sheriffs &c. to Account And all Sheriffs, Under-Shc,-iffs and Deputies, and (r nerc they are Intel-cffed) all Coroners, and where the Sum exceeds not Ten Pcunds, all Conflables are imhowercd to ferve faid Executions, being dircc`ted to them. Zit be it ftlrtiyt'lrimttt tl, 'f hat thc laid Commiffioncrs or the major Part of them as foon as they arc enabled to redeem faid Bills, (hall give Notice in the faid Weekly News -Papers of the Time and Times in the Town of Bo/l,n, when anti where they will attend w redeem them, which public Notice being iufcrtcd in all the Weekly News. Papers printed in Bo/ion fix Weeks fiiccellivcly, is hereby .made and declared a legal Tender w all and every Poffeffor and Puf. fcflors of faid Bills. ,fat he it fut.'s -f cv enact:Co, That the fait! Comniflioners be and they hereby arc fu iiy impowered to call to Account all Sheriffs, Deputy -Sheriffs, Coroners and Conflables, who have received iVarrants heretofore againfl any of the Chid Direaors or Partners, and thole of them who have been or (hall be guilty of Negligence or Misfcazancc, purfue in a Cot.r(e of Law until final Me in order to recover Damages (to which they are hereby declared liable) for their Negli- gence or Misfcazancc, 4 Anne Regni Regis G E,.0 R G I I, IL Tricefimo-Secundo. 1759. tanb )$anh, 385 rOlth be it further t'nacteb, That fo foon as the aforefaid Bills (hall have Bi115 redeem'd 'been redeemed, the faidComnliflioners (hall proceed to make anotherAffefsment the Commifli- as equitably as may be, as well upon fuch of the Partners who (having Tome oners impow- Eftate) may have been ornitted in their former Affefsment' c as upon the Real red to rnaff- kc a new Ail' Eflate of all faid Partners who are deceafed or removed out of the Province,and meat &c. conveyed away their faid Elates contrary to an Ael or Law of this Province made in the feventecnth Year of his prefent Ailajefly's Reign, Intituled An _4a for the more fpeedy finr/hing the Land Bank or Manufatlory Scheme, and to proportion thc fame in fuch Manner according to the Laws heretofore made rela-. tive to faid Scheme, as that any LolTes or Charges arifen or that may arife, may be born by the Perfons concerned therein as equitably as may be, and fhall give Notice thereof as in this Ad is dire ted, relating to the other Affefsment, to the End that the Tenants in Poi -legion or others concerned may be duly apprized thereof, and may pay Paid Affefsment ; and if Neglect be made of Payment for the Space of thirtyDays next after fuch Notice given, the faid Comrrailioners are hereby authorized and impowered forthwith to fell fo much of the faid Real Eftate which did belong to fuch delinquent Partner, as they fhall judge fufficient to anfwer his Paid A(Tefslnenr, and give fufficient Deed or Deeds therefor, firfl giv- ing Notice of Time and Place of Sale thirty Days before -hand, and upon the executing fuch Decd or Deeds, it (hall be lawful for the Vendee or Vendces immediately, and without other Procefs in the Law, to enter into the EfIate fo conveyed and to hold the farne, the Conveyance of any (itch Partner contrary to the Paid A& made in the feventeenth Year of his prefent Majely's Reign, or the Poffefon of any fuch Tenant or Tenants notwithllanding, and Execution !hall ifl"ue again(' the aforefaid Partners who have been omitted in their former Afkefsment in Manner and Foran as is provided by this AO, And whereasEndeavours have been ufed to difcourage and prevent Perfons Preamble: (otherwife inclined to purchafe) from bidding for Eflates taken by Execution, and exp fed to publick Sale : 115e it tf tr'efole further enactcb, That where 'the Efate of any of the late Dire&ors or Direaors or Partners (taken byWarrants or Execution from the Commiflioners)'rares not old hath or (hall be expofed to publick Sale, and could not be fold, or where the by publicsale highefi Sum bid as the purchafeConfideration was or (hall be but of trifling Va- &c. may be o- lue compared with the real Value of filch Efface, in fuch Cafe it (hall be lawful therwife dif- for the faid Commiflioners or fuch other Perfon or Perfons as by Law are veiled pored of. with Authority to difpofe of fuch Elate, to convey the fame by private Sale, where 'tis apprehended that faid Elate may be fo vended to bctterAdvantage. 2nb be ft furriber gnaw, That the faid Commifrioners fhall fit in the Town commiflio. ne of Bofion for the accornplifhing thole Affairs, as often as they fhall judge necef- thers Tcoownlicin of fary, and be paid for their Service what this Court [hall judge reafonable ; and Bolton. if there fhall be a Surplus in the Hands of the laid Commif iioners after redeem- ing faid Bills, and paying all Lofles and neceflary Charges, the faid Commiffloners (hall divide and pay the fame equitably among the faid Partners who (hall have duly paid their faid AfTeffinents. 2ntl be it fttetlijer cnactct, That all Perfons who flail purchale any of the Perfons purE Lands aforefaid from the laid Commiflioners or Sheriffs, (hall be forever exclu- chafingT.ands ded and debar'd from bringing AniA�Irons againft the faid Cifi- from C.om g ommmifiioners St C. g any on or oners or Sheriffs, upon the Account of any Diflurbance which may happen to bar'd from the faid Purchafers or any of them, in their Poflefliions or Titles, from any Per bringing Asti, fon or Perfons whatfoever. ons, &C. Ccca LJIII II ime rd in! ,II.. 6 !,M1IY 1.W ANY I!II ,,. ■lige di !Ilkr. lY AN , t.f66. .Mine Regni Regis G E 0 R G T I, IT. Tricefimo-Tertio. intfterrs anb cIjoo& A A&, afters. Paired by the Great and General Cotirt or AfFembly of His Majefty's Provincc,of the Mafichufetts-.Bay in New -England ; Begun and held at .Bo/lon upon Wedncfclay thc thirtieth Day of May, 1759. And from thence continued by fundry Prorogations to Wednef day the fecond Day of January following, and then met. CHAP. L 4 tV & 2. An Aet in further Addition to an Ai lntit uled An .flc for ca' `t• the Settlement and Support of Min fIers andSchool-Maf$ers. Towns &c: not to be of feffed towards theSupport of illiterateMinib Rets, unlefs. . HE RE AS in and by an AR made and gaffed in the fourthTear of the Reign of King William and ween Mary, Intituled An Aft for the Settlement and Support of Miniffers and School -Mailers, it is as thong other Things enaeled; Thar the Inhabitants of each Town within this (( Province fhall take due Care from from Time to Time to be provided of an Able,Learned,Orthodox Minifler or Miniffers of goodConverfation to difpence 44 the Word of God to them ; which Minifter or Miniffers fhall be fuitably 44 encouraged and fufciently fupported and maintained by the Inhabitants of as fuch Town." And whereas notwithflanding theProvifion aforefaid, fomeTowns,Viflrias, Precincts or Parif>es within this Province have chofen to and fettled in the JJork of the .Mini/lry, ignorant and illiterate Perfons, by .Means whereof the validity of the .fefsments made for the Support of filch Perfons has been dif� Muted, and the Peace and good Order of fuch Towns,V i oriels, Precincls and Parifhes, have been greatly diflurbed For Prevention whereof for the future,; `1& it enetfeb Ilp the (aitetndrIv, Condi crib t9oure of tUprefetnta- tltietf, That it fhall not be lawful for any Town, Diflriet, Precinct or Parifh to aflefs the Inhabitants thereof for or towards the Support or Maintenance of any Perfon who (hall be hereafter called to or fettled in the Work of the Gofpel ivliniflry in fuch Town, Dittrich, Precinct or Parifh, unlefs fuch Perfon fhall have been educated at fome Univerfity, College or publick Academy for the In- Ilruetion of Youth in the learned Languages, and in the Arts and Sciences, or Shall have received a Decree from force Univerfity, College, or fuch publick Academy, or shall have obtained Teftimonials under the Hands of the major Part of' the fettled Minifters of the Gofpel in the County where fuch 'Town, Diflric�, Precinct or Parifh (hall lie, that they apprehend him, the faid Perfon being a Candidate for the Gofpel Miniflry,to be of diffident Learning to qualify him for the Work of fuch Miniflry ; and all Affefsments contrary to this Act Shall be void and have no EfleCL AN kOza ie. Anna Regni Regis G P 0 R G 11, H. Tricefimo-Tertio. 1760. • `ition of laced Eftateo; /Emu:Mingo to Boron. 3 8 7 An A Paired by thc Great and General Court or Afembly of His Majefty s Province of the Maf chi etts-.Bay in New -England ; Begun and held at I3'oflon upon Wedncfday. the thirtieth Day of May 1759. And from thence continued by .fundry Prorogations to Wednef- day the nineteenth of March following, and then met. CHAP. IL An Aid for further Regulating the Partition of Real Effaces. MERE.AS the f uflices of the Superiour Court in `certain Cafes, and the fudges of Probate in certain Cafes, are by Law unpowered to appoint five Freeholders to make Partition of Real Eflates : A whereas it is found unnecefary for fo great a Number to be appointed where the Eflate to be divided is but of final! Value : , , . i3r it tljettfoc tthttea IT the eoitttnour; 1i) Council alai attfe of Wine:Juft;ces of the fetttatito, That for the future it shall and may be lawful for the Junius of superiorCourt the Superiour Court and Judges of Probate relpe&ively to appoint either three and Judges of Freeholders or five to make Partition of Real Effaces according to the Circum- Probate re- fpeatively to dances of' the Eftate to be divided, and as fuch Juflices or Judges of Probate in appoint gree' their Difcretion {hall think proper. holders to And whereas it flinch/hes happens that the Elate to be divided, confills of makePartitiota fuch di/linc7 Tenements, and under fuch peculiar Circumflances, as that an ofRealE(tatea. exactl Partition thereof cannot be made to each of the Parties according to his Share in the wholeE%ate, without making fuch fraccl'iotial Vivrfon of a Mef- fuage ?rat.? of Land or other Tenement as would be extremely prejudicial to the Interefled therein': For Prevention whereof : 1 t ft further cttacteb That when any :kiefl'uage Tra&t of Land or other "Ands ^nds 'Tenement (hall be of greater Value than either Party's Purpart or Share in the ` c c of be Eflate to be divided, and cannot at the fame 'Time be fubdivided or Part thereof fubdividf!d, affigned to one and Part to another without great Inconvenience, the fame may may be f,:tticd one of t be fettled on one of the Parties not being a Minor, he paying for owelty of Par -he on ns not he be. tition, or to make a jun and eq uitablePartition, finch Sum or Sums to fuch Party ing a Minor. or Parties as by Means thereof have lets than their Share of the Real Eftate, as faid Dividers (hall award, and the Part fo ai"ligned fnall fland charged for the Payment thereof. Preamble: A & s and Laws, Paffcd by the Great and General Court or AfTembly of His Majefty's Province of the Mafichfetis-Bay in New -England, Begun and held at Billow upon Wedncfday the twenty-eighth Day of May, 1760. CHAP. HI. An A& for the better Rebuilding that Part of the Town of Boflon, which was laid Waite by the late Fire ; and for preventing Fire in that Town for the future. HE REAS great tefolation hath been lately made by Fire in the preamble. Town of Bolton, which bath been principally occafioned by the Nar- rowne fs of the Streets, and the Hayes being built with Wood, and covered with Shingles : And whereas a Committee was appointed by the General Court in the las S f on, for Regulating the Streets in that a t r 1760, 'rind Re nl Regh G E O R G I I, II. Tricefimo-Tcrrio. 388 2113thting in Bolton. Streets con- firm'd. No Buildings to encroach thereon: Penalty for removing J3oundary Marks, Damages. to be aifetfed by a jury. Certificate thereof to be returned to the A(feffors, ao Part of the Town 'which was fo laid [Valle, and the Committee hat irgly proceeded to lay out the Streets there ; a Plan whereof hatb lacca !aid before this Court, and is now de.;�ted in the Secretary's Office 15e.it trjetef©te cifiitteo by the -Lieutenant c raernon, Council a tb 3i)oti'-c of 311.tptefcotrntiber, That the fail Proceedings of the Committee, be and are hereby confirmed ;' and all Aelions4that (hall be brought for recovering Po(leflion of any Land lying within any of the Streets l2ia out as aforefaid, or for Dama- ges fitllainecl or occafioned thereby, (hall be utterly and forever barred. Oa be it furtljet" enatteb, That no Building whatfoever be fo erecled as to encroach upon anyStrcet by them laid out as aforefaid,atid that every Building foerecied bo deemed aNufance,and be accordingly demoli(hed bytheOrdcr of any two Juflices of the Peace for the.County of Suffolk, the Charges of fuch Demo- lition to be paid oast of the Monies which than be railed by the Sale of the Ma-, terials of fuch Building., which by the Order of fail f uflices (hall be fold for that Purple:3 unlefs the Paid Charge's !Ball be immediately paid by the Owner. 51110 Ge it fuer fele ettactcb, That if any Perfon or Perfons whatfoever (hall wittingly or willingly,- without good Authority, pluck up or remove any of the Stakes or Bound Marrs, which have been or (hall be fixed or fel up by Order of fail Committee to diffinguifh and afcertain the Streets aforefaid, and (hall be thereof convieled before any twJuflices of the Peace for the County of Su f oak, he or they (hall for, every filch Offence be imprtfoned byOrder of fuchJuflices for the Space of two' Months, unlefs he or they (hall forthwith pay or etude to be paid to the Treafurer of the Town of Bo/lon, the Sum of 2hrec Pounds for the Ufe of Laid Town. And whereas fo?rtePerfons ?nay fuferV amagc by the laying out of theStrects according to the .Plan aforefaid, and others may receive *Benefit and . idvana tage thereby : 115c it further enacteb, That �amuelZanfortb,SamuellVatts and J%°phTYilo Iiams,Efgrs;or any two of them, (hall on or before the tenth Day of Ju/y next, fummon aJury of Twelve meet Perfons (none of which to beinhabitants of the Town ofBofion) to view theScreet-s aforcfaid,and the fevcralTenements orLots of Land abutting thereon, and to eflimate the Damages which any Perfon or Perfons may fuflain by Means of any Street's being laid out as aforefaid ; and likewife the Benefit or Advantage that may accrue to any Perfon or Perfons thereby ; and whatever Damages any (hall fitflain according to .fuch Eftimation, (hall be made good to the Party endamaged, tither by fuch particular Perfon or Perfons as !hall be thereby ,benefited, or by the Town of Boflon, or by both, in fuch Proportion as the faid Jury (hall find reafonable : And every Efate fo bettered or.advantaged as well as the Owner thereof, (hall be fubjecled to make good the. Sum afTeffed on Account of fuch Advantage. The Charge of the Jury as well as the Charge of laying out the Streets to be born and paid in the like Propor- tion .by the Town or Perfon fo benefited. Sdttb tic it ruttier ettrcteb, That when the Jury aforefaid, !hall have afcer- tained to the faid Juf}ices the Damages fuftained by any Perfon or Perfons by Means of the laying out any Street or Streets, as aforefaid, together with the feveral Sums to be paid by the Town or any particular Perfons to make good fuch Damages and defrey the Charges -of laying out the Streets, of fummon- ing the Jury, and of the Juflices and Jurors attending on the Bufinefs afligncd them refpeEtively, the Paid Juflices (hall within fix Days after the Jury's Re- port, give a Certificate thereof under their Hands to the A iTeffors of the Town of Bo/ion ; and thole Af 'efbrs (hall within two Months after the Receipt of fuch Certificate make an Afiefsment on the Inhabitants of the Town for fuch Sum as by the Jury's Report ought to be paid by the Town, and like - wife on particular Perfons for fuch Sum as by the Jury's Report ought to be paid by them refpc&ively, and abbe theirWarrants to the Collectors requiring them to collect and pay the fame within two Months into theTown-Treafury. And. the Treafurer of faid Town (hall within three Months after the iffuing of fuch Warrants, pay to the Perfon endamaged as aforefaid, the refpeflive Sums a(iigned 41. berisrlaio 11r, YI. Tricefimo-Tcrrio. 1766. 389 aff fined them by the Jury's Report, in Satisfaction for the Damages by them fuilaiucd. tai~, be li' ftt:'r.ljcr ca t tt'7, That where any Pump or Well of Water, by ramps or the laying out of any Street as aforefaid is taken into the Street, the fame [hall 1�'a�ls falling be kept in good Order at the E �ence of the Perfons dwellingnear the lime, 'trees the lstreets, how or of theTown,or both, as !hall be agreed between filch Perfons and the Selec'I- to be main - Men of the l'own ; ani in Cafe they cannot agree before the Sitting of the taincd, Court of General Seflions of the Peace, to be held within and for the County of Schalk, on the first "l'uefday of Otlaber next ; then the JuRices of the Paid Court may and Hull determine by whom and ib what Proportiot; the Charge of maintaining any filch Pump or Well, and keeping the fame in good Jrder (hall be borne, unlels the Town Ihall find it inconvenient for facia Pump or Well to remain in the Street, in which Cafe the fame (hall be flop'd and filled up at the Charge. of the Town. an be it further 'znactcb, That no Houfc or otherBuilding whatfocver of Buildings, of :more than feven Feet in Height !hall be erthed in Bo%lon otherwife than of whas Mate - Stone or Brick, and covered with Slate or Tiles, and that no Houle or other rials to be Building already ere&ed, of any greater l)imenfions than as aforefaid, [hall be erc&ed: hereafter covered a new on the Top, any otherwife than withiSlatc or Tiles,on Penalty of Fifty Pounds, to be pad by the Owner of the fame for the Ufe of the Poor of the Paid Town, to be ecovered by an A6.tion brought for the fame by the Town Treaiitrer. 4nb ire it (wan Cat eteb, Tllat evcrynwclling,Houfe which hall be built Penalty on: otherwifc titan by this A& is provided, (hall be fubjeeled to a yearly l ax of Non obfer- ?'zventy Pounds, and every Ware- bottle, Shop, Stable or Barn, to a yearly l'ax vance. of Ten Po:;nds, to be paid into the Town Treafury by the Occupier thereof, for thii life of the Town; and the Affeffors (hall accordingly add furl; `'um or. Sums to the Town 'Fix of every fuch Occupant yearly over and above the Sum with which he would othcrwi(e have been taxed, and (hall particularly fpecify the fume in the Tax Bill. Provided always, That it (hall and may be lawful for any Perfon to hutld Proviso. of Wood any \ ,•arc-houfe, Shop or Work Houle upon any Wharff where, in the Opinion of the Select -Men no folid Foundation can be had without great Expense; on Condition that the Sides of fuch Warehoufe, Shop or Work- houfe be covered with 1'laifter, or Slate, and the Roof covered with Slate or Tiles ; any Thing in this Act to the contrary notwithflanding. And whereas futdry Perfws have heretofore inconfrderately erec`led `Dwell- preamble: ing-rloufes or other Buildings in a Manner contrary to the Provrfon of an✓d made and pied in the fourth Tear of the Reign of their late 1VlajeflresKing William and Queen IVlary, Intituled An ti el for building with Stone or Erick in the Town of Bo 11, and preventing Fire : " 3e it Cntltteo, 'khat every fuch Perfon be indemnified and faved harmlefs Former Brea from any Profecution for violating the Act aforcfiaid : Provided, That the ches of Law �Ioufe or other Building fo ere�ri-ed by him, fhall be covered with Slate or with in what Cafe Tiles within ten Years from the firfl Day of Jute, One Thoufand feven Hun- excufe., died and (1xty. d • CHAP. IV. An Aa for ere&ing and ef'tabli `ping two new Counties in the P,afl;erly Part of the County of York. I - 1E R E ...IS the great `Extent of the County of York makes it con- Preamble,. venient that two new Counties Jhotcld be eretled and eflabliflled in the Eaflerly Part thereof : 115c it maw by tfjc lLicutcnattt (lBobevttottr, Couttctl nttb ilyufc of We- pracniatilic5, That the County of ,York aforefaid shall be, and it hereby is declared rl IOIh 111..1 1 u� i u�.i, nl Ihnl 1 I Go. Ann! Rem] Re ,J C E 0 I I, Il.. T ricefitlio- i rrl t>° ro Hurts Co . Qattcz'. County of rieclared to be Bounded on the Ea(t by a Linc to run from the Sea North- York how wefterl the Ealierl Line of the Townfhip of Biddeford as far Aar • bounded. Y upon.-� y as T raganfett Number One ; fl om thence Northca(tcrly o'n fait! JVarrazan/i'tt u the Eallcrmott Corner thereof; from thence Northwefferly on (aid NarraLran- fctt to the NorthermofiCorn r thereof; from thence Southwcflerly on faidNar- raya?fett to Saco -River; from thence up faid Saco -River as far as Pearfor- 2own extends thereon ; and from thence to run North two Degrees Weft on a true Courfc as fpr as the utnioft Northern Limits Of this Province : All rhe other Boundary Lines ;of bid County to remain the fame as heretofore. tttb be it Crirchcr' tnswtte,b, That the Wellcrnrofl- of the two new Counties ,'l aforefaid (Ball be, and it is hereby declared to be Bounded, on the Weft by the Eafierly Line of the County 1:312 ork above deferibed ; on the North by the ut- ilnaft Northern Limits of this Province ; on the Stintheaft by the Sea or We lertb Ocean, and by Cafc)-Bay ; from the Eaftcrly Point of' which Bay, viz. from ,Sala!! -Point the Liiie shall run Northw'efkrly iipon 'laic! Cafco-Bay to Ari e�.v- Meadows Creek or River; and up bid Creek or River as fat- as Stevens Carry- ing -Place at the Head of faid Creek or River; thence a-crofs faid Carrying -Plate to Merry -Meeting -Bay and .Andros-zog in -River ; frbm thence it hall run up faid .,4ndrof-coatrin River thirtyh'`lilcs ; and from thenccNorth two Decrees 00 Weft on a true Comic to the utmofl Northern Limits of this Province : In- cluditig all the Wands. in Cafeo Bay aforefaid, and on the Sea Coal} of the faid new County. And all rhe "Towns, Diflri&s and Lands within faid Bounds, to- gether with the Hands aforefaid, (hall from and after the fir(I Day of Novem- ber, One Thoufand (even Hundred and fixty, be and remain one entire and diflin& County by the Name of Cumberland, of which Falmouth !hall be the Shire 'or County Town : And the Inhabitants of (hid County of Cumberland 'hall have, ufe, exercifc and enjoy all fuch Powers, Privileclgcs and Immunities as by Law the Inhabitants of any other County within this Province have, ufe, exercife arid enjoy. xlnb be it further mita], That there fhall be held and kept within the faid County -of Cumberland, a Court of General Sefiions of the Peace, and an Infe- riour Court of Common Pleas, to fit at Falmouth aforefaid on the firftTuefdays of 1viay. and S'eptchber yearly; and in every Year until this Court 'hall other - wife order. Alto, that there fhrtll be held and,kept at Falmouth aforeTid until this Court (hall otherwife order, a Superiour Court of Judicature, Court of Affizc and General Goal Delivery, ro fit on the fourth Tuefday of lune yearly and every Year : And the Tullius of the faid Court of General Sea -ions of the PIn� feriour Court of Common Pleas, Superiour Court of Judicature, Court of Aeace, fuze and General Goal Delivery relpc&ively, who are or (hall be thereunto lawfully Comtniflioned and Appointed, !]Hall have, hold, ufe, excrcife and enjoy all and fingular the Power., which are by Law already given and granted unto them within any other C 7;;nty of chis Province, where a Court of General Seflions of the Peace, Inferiour Court of Common Pleas) Superiour Court of Judicature, Court of Allize and General Goal Delivery are already eflablifhed. Uttb be it further rnattc?, That the Jutlices of theCourt of GeneralSef ions of the Peace at their firft Meeting in the laid County of Cumbcrlandihall have full Power and Authority to appoint fume fit Per(on within thc faid County of Cumberland, to be Regifter of Deeds and Conveyances within the fame, who fhall be fivorn ro the faithful Difcharge of his Trull in the find Ofncc,and fhall continue ro hold and excrcife the fame, according to the Diredions of the Law, until fome Pcrfbn be elc6ted by the .Freeholders of the faid County of Cumber. land, who are hereby impowered to choofe inch Perfon at their firfl March Meeting within their relpe(tive Towns and ; ""iflri&s in the Method already by Law prefcribed ; WhichPcrfon taking upon him thatTrufl,fhall he fworn to the faithful Difcharge thereof : And until filch Regifter fhall be (o appointed by thc faid ,Juflices and (worn, all Deeds and Conveyances of Land lying within any Part of thc faid County of Cumberland, being recorded in the Regifter's Office New Count of Cum6rrt, how bounde 1nfer'our Courts to be held at Falmouth. Superiour Court to be held at Fal- rsouth. Jull ices of the Court of Seffions at their hist Meeting !o appoint a Regilter of Deeds. • )fano Peril R.eoo s G 0 & G 1 I, IL ` ricefiho-tcrtio. r,Go. 3Ztufl.nen) COM tic Office of the County of York afohcfaid, toll be held good and valid t� all In- tents and Purpof:s,. fo far as relates to the Record of them. Ina be it Pardet cnatY'eb, That the Method and Proftedings dirc ed to by Law, for the choofing a Regifter of Deeds and Conveyances, and a County Treafurer (which laf1 [mentioned Officer hall be chofen and appointed in Mari- ner as the Law directs, at the next 11/tarch Meeting of" the Freeholders aforcfaid) all© for the bringing forward and trying any Actions, Caules, Pleas or Suits both Civil and Criminal in the feveral Counties of' this Province, and Codas of Judi- cature within the fame; and for choofing of Jurors to fervent the feveralCourts of juflice,f Hall be obferved and put in Pradice within the faid County of Cum- berland, and by' the Courts of ,Juftice within the faine : Any Law, Ufage or Cullom to the "contrary notwithftanding. 210 tit*ft fur;ljer eifrateb, That the moll Eaflern County (ball be bounded in: the following Manner, That is to fay, on the Weft by the County of Cund- berland aforcfaid ; on the Erin by the Province of Nova -Scotia ; on the South and Southeast by the Sea or «Teftcrti Ocean ; and oh the North by the utmoft NorthernLimits of this Province; including all thelflands totheEaflward of the County of Cumberland aforefaid, And all the Towns,Diflrias andLands within faidBounds, together with thelflands aforefaid,fhall from and after the firft Day of i'j vember One Thoufand fcvcn Hundred and fixty, be and remain one entire and diftinE County by the Name of' Lincoln, of which Pownalhorough (hall be the Shire or County Town : And the Inhabitants of the iaidCounty of Lin- coln fhall have, ufe, excrcife and enjoy all, fuch Powers, Priviledges and Immo- pities as by Law the Inhabitants of any other Cdunty within this Province have, ufe, excrcife and enjoy; • , tits ht it furrljcv' men), That there (hall be he'd and kept within the faid County of Lincoln, a Court of General Sefiions of the Peace, and an Inferiour Court of Common Pleas, to fit at Porn;.lborozi haforefaid on the fecondTuef days of .May and September yearly; and in every Year, until this Court [hall otherwife order. , And the Jultices of the faid Court of the General Seffions of the Peace, and of the faid Inferiour-Court of Common Pleas, who are or (hall be rthereunto lawfully Comnniflioned and Appointed, (hall have, hold, ufe, ex- lercife and enjoy all and lingular the Powers which are by Law already given and granted to fuch Jul -flees within any other County of this Province, where a Court of General Seffions of the Peace and Inferiour Court of Ccs mon Pleas are already cflablifhcd. And all Appeals from any Judgment or judgments given at any Courts of General Scllions, and at any lnferiout; Court of Com- mon Pips within the firidCoiinty of Lincoln, (hall be heard and tried at the Sii- periour Court of judicature to be held yearly at Fatinouth as aforefaid: Qtlb be ft ftlt't)ei- am, That the Governour, with the Advice and Con - fent of his Majefly's Council, (hall be authori2ed to appoint for and during the Term of five Years from February next, Tome fit Per(on within the County of Lincoln to be Reginer of Deeds and Conveyances within the fame, who (hall be fworn to the faithful Difcharge of his Trull in faid Office; and shall con- tinue therein ro the End of the Tcrm aforefaid, and Until fome fir Perfon be ehofcn and appointed in his Stead by the Freeholders and other Inhabitants of the feveral Towns and Difirlas within the (hid County, qualified according tel Law, toad in `',own and County Af-airs. And the faid Regifter (mail be fworn to the faithful Difcharge of his Office in the Manner required ,by Law ; and than act in his faid Office according to the DircElions of the Law : And until n Regiflcr (hall be appointed and (worn. all Deeds and Conveyances of Land lying in any Part of the faid County of Lincoln being Recorded to the Regifler's Office in the County of Tork aforefaid, !hall be held good and valid to all In- tents and Parpofcs fo far as relates to the Recording df the &mc. ane) biz it fuutttr cniittcb, That the Method and Proceedings direaed to .by Law for choofing a County Treafurer,alfo for the bringing forward and try ing any Attiens, Caufes, Pleas or Suits both Civil. and Criminal in the feveral. Counties of this Province, and Courts of Judicature within the fame, and for D d d choofe ug 110111 1111 II.m101111l.uos, I1,,, 1 1 1 11 d 1 44.114 11 '11111,1 1,11 11111i 6,14 1 All 6111nu1 1.i IIIIIi 1.11.E 110 I1�.111gq1I: ii I'll .III,lI:Yli,lll111�fiV11i � 11111111111111. 1i11 39 Regifler and other Officers to be after- wards chofen' as in other CoUnties: New Cotint of Lincoln. • InferiorCourt to be held at P6zvnulbo- rough. Superior Court at Falmout b. Governor with Advice of Council td appoint a Re- gitier ofDeeda during the Term of livq Years. Coutity't'rea: Purer &c, as in other Counties, N1.1.. i111h1,14a.,!1III 1,n i. ti t,76o. 390 Ann; Reg"; Reguih E 0 It G 11, I1. triccfwo- 3 c rtio. settuo areal tomatoes'. County of York how bounded. New County of Cum5crl:'nd how bounded. Infeiour Ccurts to be held at Falmouth. Su pci jour Court to be held at Fal- *outh. Jufticcs of the Court of Sefi-ions at their firlt Meeting to appoint a Regitler of Deeds. declared to be B6unded on the Ea(l by a Line to run from the Sea North= we(terly upon the Eakerly Line of the Townfhip of Biddeford as far as Nara raganI ti Number One ; from thence NTorthca(tetly on faid 11arracranfctt to the Ealtcrmolt Corner thereof ; from thence No'rthwefler•ly oh faid NNarraLran- fett to the NorthcrmoflCorner thereof ; from thence Sourhwcflerly on faidNar- ragaifett to Saco -River; from thence up faid Saco -River as far as Pearfoi.- 'Town extends' thereon ; and from thence to run North two Degrees Weft on a true Courfc as far as the utnioft Northern Limits of this Prok ince : All the other Boundary Lines of faid County to remain the fame as heretofore. £(.ttb the it Citrtiiee dist eA, That the Weflermoll: of the two new Counties aforefitid (hall he, and it is herehv declared to be Bo;inded, on the Weft by the Eaftcrly Line of the County o,`• York above deferil{ed ; on the North by the ut- moft Northern Limits of this Province ; on the Shtitheafl by the Sea or Wcfleria Ocean, and by Cafco-Bay ; from the Ea(lerly Point of which Bay, viz. from Small -Point the Lie (hall run Northweflk•rly Upon incl Cal -co -Bay to New- 114-eadozcs Creel( or Riva; and up (hid Creel( or River as far as Stevens Carry- ing -Place at the Head of faid Creek or River ; thence a-crofs fhid Carrying- Place to Merry -Meeting -Bay and .rinclros-coggin-River ; frim thence it fhall run up faid ✓lndros-cog�in River thirtyMilcs ; and from thenceNorth two Decrees Weft on a true Courie to the utmofl Northern Limits of this Province : In- cluding all the I(lands in Caf.o Bay aforcfaid, and on the Sea Coaft of the faid new County. And all the Towns, Diftri&s and Lands within (aid Bounds, to- gether with the I flands aforcfaid, f11al1 from and after the fira Day of Novem- ber, One "1'houf,nd feven Hundred and (ixtyi be and remain one entire and diftina County by the Name of Cumberland, of which Falmouth (hall be the Shire .or County Town : And the Inhabitants of faid County of Cumberland shall have, ufe, exercife and enjoy all filch Powers, Privilcdges and Immunities as by Law the Inhabitants of any other County within this Province have, ufea exercife acid enjoy. 2n0 be it futtliiet` two, That there (hall be held and kept within the faid County of Cumberland, a Court of General Sellions of the Peace, and an Infe- riour Court of Common Pleas, to fit atF'almoutb aforcfaid on the firfITuefdays of May and SPpteinber yearly; and in every Year until this Court fhall other - wife order, 1\116, That there !hall be held and,kept at Falmouth aforefrid until this Cotirt fhall otherwife order, a Superiour Court of Judicature, Court of Affize and General Goal Delivery, to fit on the fourth Tucfday of Pune yearly and every Year : And the ju(tic;is of the faid Court of General Sell -tons of the Peace, In- feriour Court of Common Pleas, Superiour'Court of judicature, Court of •Atfize and General Goal Delivery ref wEtively, who are or !hall be thereunto lawfully Conliniflioned and Appointed, lhall have, hold, ufe, exercife and enjoy all and fingular the Powers which are by Law already given and granted unto them within any other County of this Province, where a Court of General Seflions of the Peace, Infcriour Court of Common Pleas, Su periour Court of Judicature, Court of Mize and General Goal Delivery are already eflabli(hed. si11a tit it fltt'tl)ee rufttctJ, That the (unites of theCourt of GencralSefIions of the Peace at their firft Ni cuing in the faid County of Cuntherland;fhall have full Power and Authority to appoint Tome fit Perron within the faid County of Cumberland, to be Regifter of Deeds and Conveyances within the fame, who !hall be fworn to the faithful Difehargc of his Trull in the faid ()t}ice,and fhall continue to hold and exercife the fame, according to the Dirr_Lgions of the Law, until tome Pcrfim be elected by the Freeholders of the faid County of Cumber- land, who are hereby impowered to choofe fuch Perfon at their firft 11%1arcb Meeting within their rcfjrcctivc Towns and f 1'ifirifs in the Method already by Law prefcribed ; \'Vhichl crfon taking upon him thatTruft,{hall he fivorn to the faithful Difcharge thereof : And until filch Regiftcr thanbe fo appointed by the Grid Juflices and fworn, all Deeds and Conveyances of Land lying within any Part of the faid County of Cumberland, being recorded in the Regifler's Office Arno Re;n; Regis G E G R G I I, 11,. `.i ricefitno- 1700. .11C4W COM tttt ,. 3 9' Office of the County of York aforcfaid, Ebola be held good and valid to all In- tents and Purpofes,, fo far as relates to the Record of them. That the Method and ProCeediu s dirthcd to by Reg+(ler and nti be tt further cnixteb,�' other Oh'ieerA Law, for the chooGng a Regina. of Deeds and Conveyances, and a County of cr aftcr- Treafurer (which Taft mentioned Officer (hall be chofen and appointed in Mari- wards chofen' ncr as the Law directs, at the next March Meeting of the Freeholders aforcfaid) as in other al co for the bringing forward and trying any AEtions, Caufes, Pleas or Suits both Counties: Civil and Criminal in the feveral Counties of this Province, and Courts of Judi- cature within the fame; and for choofint; of Jurors to fervent the feveralCourts of juftice,fllall be obferved and put in Practice within the faid County of' Cum- berland, and by' the Courts of Jufticc within the fame : Any Law, Wage or Cullom to the contrary notwiihftanding. 3t10 fit it furtljev Matteb, That the moll Eaflern County shall be bounded New Count in; the following Manner, That is to fay, on the Weil by the County of Cum- of ztncolth bcrland aforcfaid ; on the Eat' by the Province of .Nova -Scotia ; on the South and Scuttled'. by the Sea or Wetted.) Ocean ; and oh the North by the utmoft N orthernLimits of this Province; including all thelflands to theEaflward of the County of Cumberland aforefaid. And .all the T owns,Diftri&s andLands within faidBounds, together with thelflands afore(aid,fliall from and after the fill Day of November One Thoufaiid fevers Hundred and fixty, be and remain one entire and diftinct County by the Name of Lincoln, of •which Pownalborougb (hall be the Shire or County Town : And the Inhabitants of the faidCounty of Lin- coln (hall have, ufe, exercife and enjoy all. finch Powers, Priviledgcs and Immuc. icities as by Law the Inhabitants of any other County within this Province have, ufe, exercife and enjoys 1 gttti tic it furtljer cnecb, That there (hall be held and kept within the faid InferiorCoarC County of Lincoln, a Court of General ScPions of the Peace, and an Infcriour to be held at Court of Ccmmon Pleas, to fit at Pownalborau,•h aforcfaid on the fecondTuef F6wna1LQ- days of May and September yearly', and in eVery 'Year, until this Court (hall rough. otherwife order. . And the Jufticcs of the faid Court of the General Se(Iions of the Peace, and of the laid Inferiour Court of Common Pleas, who are or (hall be thereunto, lawfully Commiflioned and Appointed, (hall have, hold, ufe, ex- tcrcife and enjoy all and finguiar the Powers which are by Law already given and granted to fuch Juflices within any other County of this Province, where a Court of General Set -lions of the Peace and Infcriour Cnurt.of Common Pleas tare already eflablifhcd. And all Appeals from any Judgment or Judgments given at any Courts of General Scllions, and at any Inferiour Court of Com- mon P 'as within the faidCoiinty of Lincoln, !ball be heard and tried at the Sti- hcriour Court of judicature to be held yearly at Falmouth as aforefnid: , X1,1 tie tt flintjer etliutcb, That theGovernour, with the Advice and Con - fent of his Majefly's Couincil, (hall be authorized to appoint for and during the with Advice • Term of five Years from February next, fomc fit Perfon within the County of of Council td Lincoln to be Regi(1cr of Deeds and Conveyances within the fame, who (hall appoint a Re- Litter of Deeds 'faithful D'f 1 r e of his Troll in faid Office; and !hall con- d • the I: Superior Court at Fa/ notitb: Governor be fv: ern to the' 1 c la g urrng tinue therein to the End of the Tenn aforcfaid, and Until forme fit Perfon be Tertnofiiva• chofen and appointed In his Stead by the Freeholders and other Inhabitants of Years: the feveral Towns and Dittrias within the faid County, qualified according to Law, to act in Town and County Milts.' A nd the faid Rcgifter !'hall be fworn to the faithful Difcharge of his Office in the Manner required by Law ; and fhall a& in his faid Office decording to the Diret`lions of the Law : And until n Regifter (hall be appointed and fworn, all Deeds and Conveyances of Land lying in any Part of the faid County of Lincoln being, Recorded in the Regifler's Office in the County of York aforcfaid, !hall be held good and valid to all In- tents and P.irpofcs fo far as relates to the Recording of the fame. nb he it fttrUice Ctlilftcti, That the Method and Proceedings dir eaed to by Law for clioofing a County Treafurer,alfo for the bringing forward and try- ing any Actions, Catifes, Pleas or Suits both Civil and Criminal in the feveral'. Counties of this Province, and Courts of Judicature within the fame, and ofor D d d fg IIII.11.611dYIWIJ .III JI. 16111 ,III le .�I61�i 1 It 11 ill 11! 1i 1II 11 1 . 11 11111 ii 11 li.i 41 1111dry Al 1111iII11111 11 1 11 I Ili 1.I 116'1111411 County Ttea= furer &c. as in other Counties. 1761. 392 Arno Re ori Regis G E 0 R 11, .111. Pt irno, 3Lo2U'0-Tap. r 'choofing of Jurors to Terve at the fcveral Courtsof Jufaiec, (hall be oblcrved and put in Praftice within the Paid County of Lincoln, Ind by the Courts of Ju(lice within the fame : Any Law, Ufit gc or Cullom to the contrary notwithflanding. Matters cog- `IIli, be it fttl,'t»Cr mato, That all Writs, Suits, Plaints, Proceflbs, Ap• nizable in the peals, Revicwsand Recognizances, and any other Matters or Things which now County of are, or at any Time before the aforefaid firft Day of .November OneThouGind ;1'04 feven Hundred and fixty, fhall be depending in any Court within the County of' York ; and all Matters and Thing3 which now arc, or at anyTimc before thc fail firft Day of ..November aforefaid, (hall be depending before the Judge of Pro- bate for the Paid County of York, [hall be heard, tried, proceeded upon and determined at fuch Time and Place, and in filch Manner as they would have been if this A& had not been made. 1116 tic ffi intoes imam!, That nothing in this A& contained, (hall be cot -libelled to diftnnul, defeat or make void any Deeds or Conveyances of Land, lying in either of the new Counties aforefaid, which arc or (hall be, before the r(abliih.ment of a Regifter in each County refpc&tivclyRecorded in the Regifler's 'Office of the County of York' aforefaid ; but all fuch Deeds and Conveyances lb Recorded (hall be held as good and valid as they would have been in Cafe this A4 had not been made. �,�unty Ta cs ADDve it Nuttier 'cetnrteb, That the Inhabitants of' the fcveral Towns anti 0' held good. DiUFIEts within the Counties atorc aid, (hall pay their Proportion of' all County Rates or Taxes already granted and made, in the fame Manner as they would have done if this Acct had not been made. Deeds J,egi- flred in the County of Turk, before a Rcgiftcr is appointed, held good. e reamble. An Aa, Pafred by the Great acid GcncralCourt or Afcmbly of pais Ma,jcify's Province of thc .lVTa/%irchu fetts-,Jny in New-Eng/anti : Begun and held at Boflon, upon Wednerclay the twenty-cighsh Day of May, 176o. And from thence continued by Prorogations to Wednefday the fcventccnth Day of December following, and then i-nct. f.1 C hI A P. 1. An A& for Repealing the feveral Laws now in Force which relate to the Obfervation of the Lord's -Day, and for making more effectual Provifion for the due Obfervation thereof.. HER EAS by Reafon of different Conflrullions of the feveral Lawn now in Force, relating to thcOb ervation of the Lord's -Day, . or Chriflian Sabbath, the Paid Laws have not been cluly executed ; and nctwithflanding the pious Intention of the Leg 1ators, the Lord's -Day bath been greatly, and frequently pro phaned : Therefore, A&tsatidClau- Et it euatl'eb, 'bp the (i5obertler, COilliCii alit' ?OLife of .tit= fes of Acts re- , lacin to the pterclitiatibc5, That the fcveral Laws, and the fcveral Paragraphs and Sabbath rc- g Clanks of all and every the Laws of this Province, enforcing, or any Ways pealed relating to the due Obfervation of the Lord's -Day, fo far as they relate thereto, be and hereby arc repealed, and declared null and void. And whereas it is the Duty of all Perfons, upon the Lord's' -Day, care - Preamble. fully to apply tbcntfelves, publickly and privately to Religion and Piety, the Prophanation of the Lord's -Day is highly offen five to Almighty God ; of evil Example, and tends to the Grief and ` if urbance of all pious and' religiou y difpoled ,Perfons : Therefore, r ,Zino IZeo/it r 1, i11. 1'rir,iL), Therefore, that. the Prophanation of the laid flay may be f Italy prevented; rlize it farffjrr cnnital; ,That no Perfon whatfbevcr latah keep open their Shops, lvrare•lloufes or \\Tori:-i:lc,ufcs, nor (hall sawn the Land or Water, do or c.xerci1i any Labour, liufincfs or Work of their ordinary Calling,nor any Sport, Caine, Play or Recreation, on the Lord's ].)ay, or any Part thereof, (Works of Neeeflity aril Charity only ei(cepted) upon Pain that every Perfon to offending, fhall forfeit and pay a Sum 1101 exceeding twenty Shil- lir7frs, nor leis than ten Shillings, dill be it f,:rtj rr , eticlitcti, 'l'hat no Traveller, Drover; IXorfc-coarfi;r, Waggoner, Butcher, Higley, or any of their Servants, !hall travel 011 the Lord's -Day, or any Part thereof, except by Tome' Ad verfity, they fhall have been belated, a nd forced to lodge ill tl)c Woods, W'tldcrncfs or High -Ways the Night bclore, (and infuch Cafi: it (Wall be lawful to travel no further on the Lord's -Day, that) to the next Inn or l oufe for Entertainment of Tra- vellers) upon the Penalty of ai Sum not exceeding trvcnl y Shilling', nor leis than ten S'hillinzs. 2116 be it fldi;t"f1ri.' Chile'€t�, r;ht no Vintner, Retailer of ()'ipso Liquors, Tnnholder or other )'talon, keeping,a Houle of. publick Entertainment, (hall entertain or f of er any of the Jnhabitants of the retpcltiv,c ,Towns where they dwell, or others, not bcing'trayellcrs, Strange s car Lodgers. ip,f iehiloufcs, to abide or remain in - their i-loufcs, Yards, Orchards or Fields., drinking or spending their Time, 'either icily, at,Play, or doing any fecular 3tifinefs, on the Lord's -Day, or .any Part thereof, on Penalty o • fen Shillin r,�s, ,payable by Inch Vintner, lnnholdcr, or Perfhp. keeping filch nolo of 1:nrcrtainment, for each Perfon Til entertained or (iifii:rcd, and every Perfon fi) drinking or abiding, except as aforeCtid, fhall forfeit a Sum not exceeding 'ten Shillincs, nor leis than file Shillings ;' and every filch licenced Perfon upon. every Conviaioh after the (irf1, fhall forfcit trverflf'Slrillings, and having beep' three Times convi&cd, (Mall be debarred renewing fuch his Licence ever after, kltlb be ft fttct )Cl' rum; That if' any Pc,rfm or Per; ins'hall be rc- crcatinsr, difpnrting ur unnccefTrily walking or ,loitering, or if any Pcr,fons Shall unncec(Utri1y a(lCmblc 110111 VCS in any of- the ,Streets, Lanos, ;Wharves, High -Ways, Commons, F iclds, Paflures or Orchards of any Town or Place within this 'Province upon theLord's-Day, or any ..Part thereof, every Perron fo offending (hall forfeit and pay the Sum of Jive ,pilaris:, and upon every Con- viaion atter the firff, Shall be bound to their pod l al,aviour, Club be tr furter mortal, That if any Pcrlon, being able of Body, and not othcrwif-.neeefJitrily prevented, (hall for the fpace of one .Month together abient thallic:;vis from the publick Worlhip of God on the Lord's -Day, they (hall forfeit and pay the Sung of' ten Shillings. ,Pr6viilcd always, That if upon Trial it (hall appear that any Perfon fo 'charged, had good and fitflicicnt Excufc for their Ablcncc, fct,chPcrfon (hall be difllliR'd without Coifs. 2nt° lir tr earth en^:tib, That no Scxtnn,Grave-diger, Porter or Bearer; n, Mall be affinity( at the Funeral of any Porion on the Lord's -Day, or any Part guncr. rc- ulace d, thereof ; and no l'erfi1n fatal! roll any Bell fon fbchF uneral, unlcfs .Licence be given by a jnflice of Peace, and when in any Town or 1)iftri( where, no Jullicc of' the Peace dwells, fuch Licence be granted by one or more of' the Select -men of.thc Town or Difiriit, on Penalty of twenty Shillings, to be paid by each and every Peron fo ofl' nding, and no jufticc or Select -Men (hall grant any Licence, except in Cafes of Nece(liry only ; and being in the Town of lioflo',i,. with this exprefs Prnvilo, that fuch Perfon fo.buried be not carried to the crave until one Tour after Sun -let. fufsncfs and Di%I:J.11(ms prohibited on the I.cn•d's pay Tras•Ptlirg prohibited. f?n.rrtain- ment it puh- lic JI:oPys prohibited. Unnetefle1rp waking &c. prohibited. Abfanre from publick %Nor- 1hip. • .4)7d whereas many Pcrfons are of the Opinion, that tho Sabbath or lune of Preamble. religious Ref?, be`rins onS'al urday Zvenin; ; therefore to pr event all unneec/Jrrr y Viflurhance of Petfins of.fuchOpiniorn, as 7ell as to encourage in all ethers, a due (.;i:l fin Ju:ctblc Preparation for the religiouiDutics of •tare Lord's -Day Fc 4 J114111114III 11)1 Lb, dill i I L„, a .� 1�� o ,r t76r. 394 Bufinefs and Diverfion on Saturday E- vening; Wardens to be appointed. Penalty for not ferving. Penhlty o Towns fo not choofi • r/PO Reyni Regis G E O R G II, III. Ps`itt3;�. 3140;0- reirribitnr 1113e it fctrt!er that([ That no Pcrfon (hall kccp'epen any Shot,, 1Srzrc.. Houfe, or Work -Houle, or hawk or fell any Pro\,ifions or Wares in the Streets or Lanes of any -Town or Di(lric`t, or be prcfent at . any Concert of Muficic, Dancing or other publick Diverfion, on the Evening, neat' preccedje Y the Lord's -Day, on Pain of forfeiting ten Shillings, for each Evening, ; and 11.E Eetailer•,Innholder, or Perfon licenced to ,keep a �puhlickHoule, fhall entertain or fuller to remain, or be in their I-loufes, or Yards, or other Places appurtc- nant, any Perfon or Perfons (Travellers, Strangers or Lodgers exec ptc •;, e'l i„ 1•.• e. on the faid Evening, on Penalty of ern S'»il/ie s, ing or (pending their Tina for each Offence. And in Order t, the more e 'eflual cdrryin,' this 4t7 into Execute:1 : That each Town and Diflricq within this Pro- vince, fhall at the Time of chuffing Town and every Year chute certain Perfons, beingOF good Sub[tan e, anof lw f {Oberch Life and d Converfation, to be Wardens of filch own or ifth Ward in laid Town ers the Town ofBa.fon (hall chute twelve, viz. one for and every other Town or Diflri61. (hall chute any Number, not lets than two, and not exceeding fix ; and all fuch Wardens (hall' be under Oath, rl nfaithfii to do the Duty of their Office, as required :by, Law ; and if' any Per- fons !hall r'efU e or neglect to take theft Oath, and to Terve in fuch Office, every filch Perron in the Town of Bo%lon, (hall :'be • liable .to the Penalty of te'n .Pounds ; and ir1 any other Town or. Difiricct` • to the :Penalty of lf Ue Poi n sof' and every Town or 'Diflvif. (hall forthWith proceedto t other e or others, in the Room 'of any Perfon br rcrfons•'tu rcfufil g or neg- � idling, and fo.toties quoties: ' ` - Ana if any Perfon or' Perfons fo refuting or neglecting, (fall not pay teethe 'Treafurer of' filch Town or °i(trict the Finer or Penalty afurcf 7 d, he than ,ll�n s foon as may be, be convened before the Court. `� �k ol�la �t luck Pcrfoy was upon Certificate under Wetland of the Y leg all chofen' to the Of�`lee of; Warden, unlefs tome juft Cattle f c !hall foe i�,ide to appear to the (aid Court of Se(1'ions, to eXc,u;c. the l. c.r Fon in , the Junius (hall order a Warrant to•he (igned• by the IClerklof tho e Peace, o di e&ted to any ConRable or' Conflables of titch l mvn i& the Over - plus, e faid Fine by Diflrefs and Sale of fuch Offenders Goods, returning? plus, if any there be. And the Fine or. Penalty , fo levied or paid, than be for thc'-i,Tfc of the delivered to the Overfee'rs ofthe Poor, Sc� ���'le�i,tll ncglcc`t tl,t� tit Poor of filch Town. And if' the Town n Obfervance of this Aft, and (hall hot chute in Manner as required, uchO.filcei , ng. the faid Town'(hall incur the Penalty, of one ITundr ei t Pounds, (hall incur the Penalty of Fzf y Pcy unds, Town or Diftr�t fo neglefting, upon -every Convielion of fuch Ncgle&t, before the Court ` if bycl Warrant 'o from 1 Cunty werein fuch Town or Diftri&t (hall be, to be levied by Charges ore the faid Court, in Proportion upon the nhabit ants as 1 g levied, and to be paid into the County 2nt be it frith* ettatteb, That the Perfons to nrhofcndand levying, rm .11 Wardens, (hall be held -and obliged to enquire �1i into, is hereby authorized and Offences again{( this A�; and every or impowercd to enter into any of the e Rooms and other' Parts rg of ann; publickHoufe of Entertainment, on the Lot d s -Day and the g preceding and if fuchEntrance (hall be refuted to anyWarden, the Landlord or the lice Offence. nced Perfon (hall forfeit the Sum of forty Shillings,rizcd anfor d and ever cd cn in And the faid Wardens are hereby further' authorized all Perfons fufpcc�rd as t�" 'their refpe&ive Towns or DiflriEts, neceffaril travelling on the Lord's -Day, and to demand of f all fuch Perfons r Y the Caufe thereof, together with their Names, or !hall not give fuch Perfons. (hall refute a fe to make A nfw er Satisfaction to fuch Warden or Wardens, that they are then employed intra Wardens Duty. 45 G F, 0 G I I, In. Primo vcllilig upon his Maje(ty's Service, or m the immediate Service of this Go- vernnlcrar, or !hall nor give fuch other Realon for their travelling upon the Lord's. Day, as (hall fatisfy filch Wardens of the Ncceflity thereof, loch War- dens !hall return the Names of all filch Perfons as they (hall know or can obeli!' the Names of', to one of his Majefly's Juftices of' the Peace, and fuch judice (hall proceed to Trial of the Offence, if' the Offender fhall be within the County, or othcrwifc Foch Warden (hall return the Names of filch Perfons; and the Offence, to the Grand -jury, for their Confideration and Proceeding thereon, And if any Pcrfon (hall wilfully give fade Anlwcr to any fuch Demands of any Warden, every Paton fo offending (hall forfeit five Pounds, for each and every Offence. And any two Ju(tices of the Peace, +1 y2ruirl Unus, for any County where fuch Perfon (!tali be found, (hall have full Power and Authority to enquire into, try and determine fuch Offence. £lllh iTc it Ciro* Matta, That rhe,1,Vardcns of the Town of Toflon, fhall upon every Lord's -Day (e cept in 'Times of Rain, Snow, tempefluous Wind or extreme Cold) and in fuch Part and Parts of' the Day as they (hall judge molt proper to prevent the Prophanation thereof, go through or infpeet the Streets, Lancs, Wharves and other Parts of their refpeaive Wards ; and any one of faid Wardens may likewifc, as Occafon may require, infpeet the Ward of any other Warden, and they arc hereby authorized and impowered to demand the Navies and Places of' Abode of any Perfons whom they !hall f►appofe or fufpeCt to beunnccc(tarily Abroad, and theCaufe or Reafon thereof : And if IucliPerfon or Perfons !hall not give a fatisfaetory Anfwer, (itch Warden, or Wardens !hall require theni, or either of them forthwith to repair to their Places of Abode or Lodging ; and if' any Pcrfon fhall refute to give fuch Anfwer, or (hall anfwcr falfcly, or !hall refute or nc gleet forthwith to repair, when required to fuch thcirPlaces of Abode or Lodging, and that by the ufual and molt direr! Streets or Nays, theWarden !hall upon the nextDay, or as form alier as may be, make Information of filch Offenders to one of his Majefly's 'Junius of the Peace for the County, and fuch Juflice (hall cattle fuch Perfons to he convened before him, and thall cry and determine filch Offence. 176r. 395 Duty of War- dens in&ylon. 2u3 be it fitrtliee eriacteti, That the Oalh of any Warden shall be deemed WardensOath full and futiicient Evidence in any Trial for any Offence againft this Act, fufbcicnt Evi 'infers in the judgment of the Court or Jufticc, the fame !hall be invalidated Pence, by ether Evidence that may be produced. 1'c ft f'ttt'tl fee twitch, That no Perfon exempt from ferving as a Priviledge of Grand •,Jury -Man, Than be liable to any Penalty for not ferving as Warden, any Wardens. Thing in this A61 to the collo ary notwithflanding; and no Perfon (hall be held and obliged to terve in the laid Office of Warden more than once in five Years, and no Warden during the Year ot'Service (hall be liable to any MilitaryDuties, except in Cafe of an Alarm orInva{ion, nor (hall be liable to ferve during fuch Time as Juror, or in. any other Office of Burthen. And every Warden when ira the Execution or his Office, {hall carry with him a white Wand, not lets than fevers Feet in length, as a !Badge of his Odice, and may command A(li{f- ance when he flu!' judge it necc(1'ary ; and any Pertou refuting or neglecting to be fo aiding and afIi(ling ihall forfeit and pay the Sum of forty S'hilli�l s, e4nh the it fti'(v" rn etch, That Age, and the Guardians of any Minors, have no Parents nor Guardians, (hall be r Children, Wards or Servants, who (ball t 1:; s the parcnts of any Children under Parents and ,and the Mailers of Servants who !hall Guardians Lias efpeciivcly liable for the Fines of their blc for Fine. be convieled of any Offence againft f•c it frimrler revered, That in Cafe any Perfon, that (hall be con- Ferrous not vi6led of i)rophaniug that- ord's•Day or hriflian Sabbath, in any of the Inftances p;,yi„g Dines m,encioncd in this A&, (hall not immediately pay the Sum or Sums by him.for- fubjeEt to l„i• citcd a, : fore laid, he (lull be punifhed, by being committed to the common Goal priioarr.eat, of theCeenty there to remain not exceeding tenD:ays, nor lets run fiveDays, E c flit • 1761. 9.6 Other Civil Officers to takeNotice of Breaches of this Apt. AE to be read at Matti, 1VIeeting an- nually. INote,This Act was ow mittcd iri it's properPlace, Page 146. Regni Regis GEORG I''i, III. _Primo. ahh from abginel i 1-14Q Cis t &c. ",ilto be it fttrtber cttatteb, That notwithflanding the fpecial Provision made by this Aft for preventing the Breaches thereof, any Jufiicc of Peace may upon InfpeCion, convi6.I any Pcrfon, and filch fpecial Provifion fi;all not be.confirued or undcrflood, to exempt any Shcri(J , G and-,Jorors, Tithing -glen, Conflables or other Officers, or Pcrfi)ns whatfoevcr, from any Obligarion or Duty, to cause this Aa to be put in Execution, but they fhall be held to take due Notice of, and profccute all Breaches thereof, fuch fpecial Provition not- withflanding. And this ASI (hall be read in every Town and Diflriet by the Town or Ciflritt Clerk, at the March Meeting every Year, and immediately before the Choice of Wardens; and any Town or DiflriEIClerk negle&ing to read the large, !hall forfeit the Sum of twenty Shillings. An Act, Paffed by thcGreaf and General Court orAfTembly of her Majeffy's Province of the Ma(Jocbufetts-Bay in New -England : Begun and held atBofion, uponWednefday the twenty-fixthDayofll7ny,1703. And continued byAdjournment and Prorogations until Weclnef= day the twenty -!event(( of QFlober followving, and then met. CHAP. VL An Atst Relating to Appeals from Judgments in I3ar or Abatement. All Pleas in e it euatto bp b0 Oullel1tp the Oabernor, Zouncit at?b Iltrprefcrt: Ear or Abate- tatitiO in Ucncr; lConrt affembltb, anb by for ItttljoZ.ity of the fatale, zr,ent to be That all Pleas in Bar or Abatement (hall be made ,Originally in the made origi- nally in the Infcriour Court, in Suits there brought, and at the. €rfl bringing forward thereof, Inferiour before any irritable Plea 'made. And when a Writ (hall by judgment of Court Court. be bar'd or abated, and the Plantiffor Demandant appeals from fuch Judgment to the Stiperiour Court of Judicature ; if upon hearing the Appeal, the Superi= Upon Reber- Court, Rest - our Cnotwithftandin the Pleas made in Bar or Abatement, ad;ud,c the Cal of Judg- ment in Bar Writ to be good and well brought, they !hall reverie the Judgment of the In- orAbaternent, feriour Court, and award to the Appellant his full Coils at both Courts : And the Caufe to the next Sell -ion of the lnferiour Court holden for the fame County, shall pro - to fent down ceed to Trial of theMerit of the Caufe upon the fame Writ, without anyDelay; to the Inferi- our Court. a new entry thereof being made. . And all Goods and Eflate Attached, and Sureties or Bail given, (hall continue Goods, Elate and bea like refponfablc in Manner as is by Law provided, to fatisfy the prin- and Bail to1c r Hand good. cipal Judgment upon fuch Trial, as i� no intermediate Judgment had been ren • died or given, And the fame Rule and Method of proceeding to be obferved The likeRule in Appeals to be made from the judgment in Bar or Abatement given by any for Appeals Juflice of thePeace, to the Inferiour Court of Common Pleas : AnyLaw,Ufage from qualm or Cullom to the contrary notwithflanding. Saving always, That in Suits wherein the }tteen is conccrned,upon the Su - Saving. periour Court's Revcrfal of any Judgment given in Bar or Abatement, the faid Court (hall proceed to try the Caufe: • Ano R.egs;i Regis G V O R ()T L, togeolDap. Primo. i.76r; 397 AA t.L 1} a1 rt. >Air : R4 5.;`'',`44'.!'1,',N2 t. t '"''l`r jo4C — .A4111; St•r W 40Z1 �: :i✓;41t. a *OS) Paired by the Great and General Court nrA(Tenlbly of his Mrtjt :'ly's Province of the Mtfichu%its- 3 v in New- 11://Nand : I3cguri and lscld at h'o;'lori, upon Wcdncf ly the t\venry-eighth lily of Mtiy, 176o. And continued by Prorog,ttions until Wcdii* ly the twenty -f fch of .Pviarch lollocving, and then met. C P. if An ASI n Addition to and for amond1'lc {hmc Clauf-es In an Af. made and pfled in the 1.1.11 . (non of this Court Intituled, An L4 for l epealiz7,r the several Laws in Force which relate to the 'JI /e./ vatio,v cf the Lord's -Day, and for making more of eattal Pray/fon for theQ l f rva- tion thereof. HEREAS in and by the fzid 4c7, the TKardenr thereby diret7ed Preamble: to be chofen are 'Tui i)orized anit Im r o.-u,red within their lea/ye Towns ani Dillri8c to eX3771:ne all Pedons tr't::v/haII Mika as unnece/farily travelling. on the L;rtl's-`1) iv,cznd to rlentara-1 of all filch Perfuns the Caufe thereof ; together with their Names and /Places of Abode ; but oto Power 15 rn fair( Ad frCh197 ;r 1 to ti Tl''..ar(14?;:s to ,115p filch travel- ling Per ns iia «rrler for lir 'J1 ,z Ira/ nation ; whc »t; vy the yod Intent of that At? may be easy evaded, and jai., Examination rendered in.praohcable : Wherefore, 'J5C ft mat) fl,) the ' ((troll', :au icft a;t1 Oaurc 1L c rcfctita: p Wardens ^ titt T, That it (hall he in the Power of each and cvcry \Arardcn, and Wardens powered, that have already been cholen, or thllt may hereafter be choler, in Confcquence of fai:lincl-, either by him(1clr or \vith (itch AJi lance as he Niall judge needful to talcs or call to his :Aid, forccably to itch and do:ain any Pcrfon or Pcrfons he dull firfpca of" 11nnccell:nily travcl1it)g as afore(aic!, for and during Foch (Space of T:,n:: a, fha11 be necollu y for denuding the Caufe or Reafon of filch i'cr(i,n's travcllin`, his Name and Place of Abode, and receiving the Answers to fuck Demands ; and every Perl;rl examined by any Warden or Wardens in Penalty on Conkc11cl)cc Oi Ill('; or t;1c t1)ro.; )'11� 'lc'I, that hill refute or ncoie6l to give Offenders. dir,2C1 ;\r,(tv'm•s, (hall on Con iaiun of i'rlch I)is Pec u(a1 or Neglect forfeit and f f pay 1111.111.111,a11111.1•11 Ito Lim lull Iliad l dd. .11 hi V ogee 1,I�L116- '1 LIN 11,,. Ip11L d:4... 1111 !Tion 1.111141111l111.+d1 1111th 11111. 11 Ilk I,1 1I,111 .. 11114 111111110 11 1.4 III,+h 1I,I1111l • i,7 i, :Ago Regi"{ .Regis G E O R G 11, III. Primo: 398 urtiirthof of tourt.V &c. Pay the Sum of Five pounds, and may be prbfecuted and tried in the fame Manner as is already provided in Paid Aft for giving a falfe Anfwer : And very Perfon who {hall be required to Mill and give Aid to any Warden, that fhall refufe or ire le& fo to do, than for every fuch Offence forfeit and pay the Sum of FortyShillings,unlefs fuch Perfon or Perfons fo refutngt r negc i• ng, {hall make reafonable Excufes to the Acceptance of J llie before whom they fhall be tried. 20 tic it timber ritateb, That all Offences againft this or the before Juit'ites to tty mentioned Aft, may be heard and determined before any of his Majefty's Tu - tices of the Peace in their refpeEtive Counties where the Fine does not exceed the Sum of Forty Shillings. All Fines and Forfeitures arifing by this or by the before mentioned A&, and not therein otherwifediflotri dwhf all be ap- 1 the ap- plied towards the Support of the Poor in the Towno r Of- fence shall be committed. in certain Cafes. Difpofal Of Fines. C H A P. III. An A& in Addition to an A& made and palled in the thirty third Year of his late Majel y King GEORGE the (mond, Intituled An AEI for ereelin% and of abli/h ng two my) Counties in the EafJerly Part of the County of York. HERE AS in and 'by an Aa math' and pa veil in the thirty "frond, r'J year of .the Reign of his late 1���; e/1y King .• Intituled An A`c`t for erc&ing and eftabliflamg two new Counties in the Eafterly Part of the County of York << 11 is mongother `7Things enafed and provided as follows, viz. That all Appealsfromany J utig- " ment or judgments given at any Court of General S'e,gions, and ataln, y Li- " feria!' Court of Common Pleas within the Paid County f beLinchold earl be « heard and tried at the Superior Court of yudicature toy y at Falmouth, as aforefaid." .And whereas the faid Provii fi n is inouthf othern ient laid Superior Court held at to give jurifd:c`lion to the yarn � by f • l Court ' dair 'afters andThings neee-(Jar to be tried and determined ��� porde of Etc Superior �t it t1jCrCf'�re Cittttt>'b 11p •tt�C .�neof _tiud ature Court of' Aflize and court at Fal- prefentattJegi, That the Superior Courtn mouth to have General Goal Delivery to be held at Falmouth, in and fo�sthe hercafrunter, the certain ion in Cafes. fhall have from Time to Time, and at all 11n' Civil or certain C jn Powerfor the Trial of all AEkion. 'fame JtlrifUi�1'ion and Authority 'Criminal, the Caufe whereof has arifen or {ball arife withi'the Body Tht the 'County of Lincoln, as alfo to hear and detetuhe faidall tlCounty of Lincoln, 2Sgs arifen or which shall arife within the Body of 'the faid `Su erior Court by Law would have, if the Cattle of fu ;a' &i tit and ditch'�Zatters and Things had arifen within the Body of t • County of 20 lit lit it furtlj'tt cntacteb• That the Grand-Turors and Petit -Jurors er- ving at the Superior Court of Judicature, Court of Mize and General Goal Delivery, to be holden at Falmouth, tha11 from Time to Time and hotf e n and fh fummotled, in fuch Manner as the Law title �o� for within the faid Counties of .of Grand and Petit -Jurors out of the 'fevera Cumberland and Lincoln. Premie. And -whereas the Selea-Men of feveral `Downs withino the{ aid Counties .of Cumberland and Lincoln, may have negle�lerl a L� of Lig Perfons liable to fern e on the Petit -jury, before the tenth Day of April 1760. in Manner as the Law directs : seiwt it t»ice ore further tuact2b, That the SeleEt-Men of every Town filen t0 �^- ancilliltri� within the faid Counties ��f Cumberland and Lincoln, fo ncg}ecitnQ take Lilts. jurors to be iurnroned. f� A- eAi Alms lig too Regni Regis GEORGI I, III. Primd: 176r: 3 99 ., *tountp of Berkfhire. or omitting, fhall fometime in the Month of April this prefent Ycar, take a Lift of fuch Perfons as are qualified and liable by Law within fuch Towns and Diftri&s refpeetively, to fern? onPetit Juries, to be laid before fuch refpective Towns and Diftri&s fometime before the firflTuefday of May next following, ac a publick Town -Meeting ; and fuch Towns and Diftri&s than proceed to determine upon faid Lifts in like Manner as fuch Towns or Diftri&s might and would have done by Law if fuch Lift had been prepared and prefented before the faid tenth Day of April 1760, Any Law, Ufage or Cuftom to the contrary notwithttandnatt� That the uflicei of the Courts of General Justices &. �.ttD in it 1'ilC't)eC Cl , J to grant Lt- Sefl•ions of the Peace for the aforefa CoutrantLicencess of btoland o and and Lincoln, cees:, {hall be and they hereby are impoweredg takeRecog- frominnholders andRetailers of ilio{: Dc nk holdenn e hpCounties re-, ties at the next Courts of General Scflions !pe&ively, fuch Licences to continue until the firft Courts of General Seflions which (hall be held and kept hi Courfe for fuch Counties refpe&ively next after f er tthe twenty ninth Day of lane, which {hall be in the Year i76:4.. Any , Ufage 'or Cuftom to the contrary notwithftaiiding. CHAP. IV. An A& for dividing the County of Ramp, tre9 and fob ereding and eftablifhing a new County in the Wefterly Part of the County of Harnpfoire, to be called the County of Berkfbire ; and for eftablifhingCourts of Juftice within the fame, 'WHEREAS the great Extent of the County of Hampfhire, snakes it Preambici IV convenient and nece ary, that there /hould be a new County eree`fcd and eJ ablifhed in the JYeflerly Part thereof : Council aiz i toufe 0f Landscom- '1113e it tbereftge tnacteb Up the Oa �serrot?, Ikepreit'tlt tthCS, That the Towns and Plantations herein after mentioned, prifed in the Erre�itont N. ew 1Vlarlbarou h, Poon- County of That is to fay, Sheffield, ,Stockbridge, g I3erkatri. tonfuck, New-Franiin hatn, lT/ell-Hoof ick, Number -One, Number -Three, f and Number -Four, and all other Lands included in the following Limits, viz. Beginning at the Weftern-Line of Granvill, where it touches ConneElicut-Line, to run Northerly as far as Paid Weft Line of and to run ra^ill tt�o� Eaft- erly to the South -Weft Corner of Blandford,by the Weft -Line the fame Town, to the North -Weft Corner thdeofrom nNortherly in a dirct Line to the South-EaflCorner of Number-Four,ad fo running by the Easterly Line of {lid Number -Four, to obot North •Lf �,h� le tont, and lb Corner thereof ; thence in a dire& Courfe to the South -Weft Northerly in the Courfe of the Weft Line of the fame Town 'till it comes to the North Bound of the Province, and Northerly on the Line between this Province and the Province of .Nezw•Hanip//9rre, Southerly on Connellicut Line, and on the Weft by the utmoft Limits of this Province ; !hall from and aftee the thirtieth Day of June, One Thoufand feven Hundred and fixty-one, be and remain one intire and diftin& County by the Name of Berkfhire, of which Sheffield for the prefent to be the County or ShireTown ; and the laid County to have, de and enjoy all Foch Powers, Priviledges and Immunities as by Law other Counties in this Province have and do enjoy. • t That there hall be held and kept within the Interim. �.allb lac it further C.tasit�y p Courts, &c: {lid minty ofBerkfhire, yearly and in cvcryYcar, at theTimes andelaces in this Court and Apt hereafter exprefThd, a Court of General Seflions of the Peace, and an Infe- 7vhen to bc: riour Court of Common Pleas, viz. at the NorthParilh in Sheffield, on the laft held. Tucfda f•April, and first Tucfday of September ; and at Poontorfuck, on the Y ofirst, II .1;1, II 111'„ Ii111111 III III 1111111, 4I Jd I 111L•_. 1_11 i1 I Il gl 400 Saving. upericur Court to be held in lIa;n i2 ire. Jurors whence to be taken. 'lnno Reghi Regis G E 0 R G 1 T, 111. Primo: Count? of Berkfhire. firft Tuefday of December, and the firff Tuefday of Ivfarch, yearly and in every Year until this Court fhall otherwife or} �r.InfAid the JuQis rt of sof the he faid Court of General Seffions of the Peace, Pleas refpeelively, who are; or (hall be thereunto lawfully commiflioned and appointed, 'hall have, hold, tie, exercife and enjoy all and fingular the Powers which are byLaw already given and granted unto them within any othcrCounties of' the Province where a Court of General Seffions of the Peace, and Inferiour Court of Common Pleas are already effablifhed : And the Inhabitants of Paid County of Berk/hire, fhall have, ufe, exercife and enjoy all fuch Powers, Fri- viledges and Immunities as by Law the Inhabitants of any other County within this Province, have, ufe, exercife and enjoy. Saving only, 1 hat all Appeals from any Judgment or Judgments given at any Court of General Seffions of the Peace, and at any Inferiour Court of Common Picas within the faid County of-Berkfhire, fhall be heard and tried at the Superiour Court of Judicature, to be held yearly in the County of .pram '!fire. 210 be it filthcr matter', That the Superiour Court of Judicature, Court of Aliiize and General Goal Delivery, to be held in and for the County of J-lamp/hire, !flail have from Time to Time, and at all Times hereafter until the further Order of this Court, the fame jurifdiEtion, Power and Authority for the Trial of all ,\ (ions, Civil or Criminal the Cattle whereof has arifcn or fhall arifc within the Body of the County of Bcrk/hire, as alfo to hear and de- termine all other Matters and Things arifcn or which !hall arife within the Body of the Paid County of Berk/hire, as the laid Superiour Court by Law would have if the Cattle of titch pillions and fuch Matters and Things had arifcn within the Body of the County of TiarnpJhire. 2nti lit it fuvU cr matte), That the Grand -Jurors and Petit -Jurors ferving at the Superiour Court of Judicature, Court of Aflize and General Goal Deli- very, to be holden within ai;d for the County of aas �here L.val 1 dire �sllfor Tithe me to Time be chofen and fummoned in fuch 11 Choice and Summons of Grand and Petit -jurors, out of the feveral Towns within the faid Counties of' Hairploire, and Berk(hire. Provided, "Khat all Writs, Suits, Plaints, Procef es, Appeals, Reviews, Re- Provifo. cognizances or any other 'Matters and Things, which now are, or at any Time before the faid thirticthDay of `lune, (hall be depending in the Law within any Part of the .faid County of Berkfhire : And alfo all Matters and Things which now are, or at any Time before faid thirtieth Day of June, fhall be depend- ing before the Judge of Probate within any Part of the faid County of ,Bcrk/hirc, !hall be heard, tried, proceeded upon and determined upon in the County of R-lampfhire, where the fame arc or fhall be returnable or depending, or fhall have Day or Days. Pro.ifc. Provided a!fo, That nothing in this A(I contained, !hall be confconfirm' to ,• aifannul, defeat or make void any Deeds or Conveyances of Lands lying in the faid County of her/Aire, Where the fame are or thall be, before the faid thirti- eth Day of lune, recorded in the Regifler s Office for the County of ffamp- fhire ; but that all fuch Deeds or Conveyances fo recorded, fha& been ll 11 be held good and valid asithey would have been, notl thisiIA s of the Court of General tin be ft furter enacteu, J , , Seffions of the Peace at their firfl Meeting in the faid County of Berk/ire, ;hall have full Power and Authority to a )point fome meet Peribn within the faid County of Berkfhire, to be Regifler of Deeds and Conveyances within the fame, who !flail be fivorn to the faithful Difcharge of his Trutt in the faid Office ; and fflall continue to hold and exercife the fame according to the Direelions of the Law, until Tome Pet fon be elected by the Freeholders of the faid County of Berk/hire, who are hereby impowered to chufc fuch I erfon ac their firft March Meeting within their refpec'livc Towns and l)iffri&fs, in the Method already by Law prescribed ; which Pcrfon taking upon him that Trull, !hall 1Je f (corn to the faithful Difchargc thereof; and the Office of Rcgifler of Deeds ees Rcg:fier of Deeds to be appointed. t, )o R.egui Regis G i 0 R GI 1, 111. Primo: 3aegutatton of treetz• altk fhall be kept in the North Parifh of Sheffield aforefaid ; and until fuch Re- gifter fhall be appointed by the faid Juffices and (worn, all Deeds and Convey- ances of Lands lying within any Part of Paid County of Berkfhire, being Re- corded in the Regifter's Office in the County of Hampfhrre aforefaid, fhall be held good and valid to all Intents and Purpofcs fo far as relates to the Re- cord of them. • £.ilk be it fustier cntfftet, That the Method and Proceedings directed to R dingsrProceas n by Law for chufing a Regiffer of Deeds and Conveyances, and the County other Cafes. Treafurer; (which Taff mentionedOfficer. (hall be chofen and appointed in Man- ner as the Law direlts,at the next March Meeting of the Freeholders dforefaid) alfo for the bringing forward and trying any Actions, Caufes, Pleas or Suits, both Civil and Criminal, in the fevcral Counties of this Province, and Courts of Judicature within the fame, and for chufing Jurors to Terve at the feveral Cot.rts of Juftice, thane obferved and, put in Pra&ice within the faid County of Berkfhire, and by the Courts l abJice an s of the �fevein the Provided always, That ther 1Townsand Placesherein m before enumerated, and fet off a diflinE County, (hall pay their Proportion to any County Rates or Taxes already made and granted, in the fame Manner as they would have done had not this At been made. CHAP. V. An A& in Addition to an Ael made and naffed in the thirty-third Year of the Reign of his Majefy King GEORGE the Second, intituled An 24 for the better Re- gulating that Part of the re wn of ;<3of con, which was laid Tape by the late Fire, and for preventing Fire in that Town for the future. HER.EAS in and by an Ac7 intitulci, " .dnAR for the better Re- P " building that Part of the Tozun of Boflon, which was laid Walla by the late Fire, and for preventing Fire in that Town for the " future," it is among other Things, ena[led, That the Proceedings of the Committee (appointed by this Court for the Regulating the Streets in that Part of the Town which was fo laid [Valle) fhould be confirmed; but in as much as it is judged more Convenient, and lefs Expeniive to the Town n oflaiBolin, , That Leverett's-Street,and Purchafe-Sureet, Jh^ulcl be alter'd and as' hereafter is def ribcd : Provifor reamblet 'fie ft t{;crcfogc mut) lip hi etching tljc aointho ', council tnib Leverett- 3ottit OE Ittprefentt tthe5, That the Street that has been determined to be Street. laid out between Water -Street, and 117i1tk � ti �t o�tiithe Southerlye Din Side ofe�t: Street, fhall begin on the Weft Side Wa- ter -Street, ranging with the Northerly End of Capt. james .`Dalton's Houle, at the Diftance of fifty two Feet from to the rim coo 1','111,1 er of on alfi� itlL Houle, toward the Ea(f, and from faid Point Street, fo as that faid Linebeing continued a-crofsAfilk-Street, (hall firike theNorthEaft Corner of Mr. TW'heelwright's Brick Houle, now in the Occupation of Benja- min Faneuil, junr. which laff mentioned Houle is bounded Northerly on Milk. Street, and Eaffcrly on Atkin fon-Street ; the Eaff. Side of faid new Street to be parallel with the Linc before defcribed : And to be in all Parts thirty-five Feet diffant therefrom. And as to Purchafe-Street, (viz. The Northerly End ]'rir�la�em thereof which opens into Battery -.March -Street) it fhall run as follows, viz. SI,.,ct. - The Wefferly Side of laid PurchaleStrietFto tba gin lir thee Southches erly Side of !sono Battery- Alarch-Street, at a Point fe r y the North Eafterly Corner of the Di ill-Houfof{trait nll,fi- wards he Ea(}, and frona faid Pointot Southerly orlyon a o the G g North • • thb •,� rAnno Regni Re'bis G E O R G I 1, III. Primo. 4.0 2 Pittsfield a vital!, North Eaflerly Corner of Alexander Hunt's Dwelling-Houfe, which is as tar as thc late great Fire extended in that Quarter ; and the Eaflerly Side of' laid Purchafe-Street, to be parallel with the \Veflcrly Side at thirty Feet Diftancc. Any Thing in the aforcfaid Act (made in the thirty-third Year of his late Ma. jelly) to the contrary notwithflanding. And the Damages and Advantages that may accrue to any .Perron or Perfons by laying faid Streets as aforef<aid, (hall be eflimated by the Jt2ry impannallcd for thatPurpofc agreeable to theDireCti- ons of the Aft `aft mentioned. .And whereasforue of the Jury lately ftmmoned for the Purpofes /22 faid Preamble. AS mentioned, may be unavoidably abfent ; and it may be doubted, whether the Commiffioners named in faid .I4t? are by Virture of that Ant authorized to fill up the Paid "jury : .Now to Remedy that Inconvenience, and prevent any further Velay : Commif,o- 115C it frrtl ti ntzttcb, That when and fo often as a jury Bial` be fum- aiers to till up ironed by Samuel Danforth, Samuel Watts, and f o fepEfgrs; the Jury; (the Commilfioners aforementioned) for the Purpofcs in raid Act mentioned ; and one or more of' the faid jury (hall be detained by Sicknefs, or othcrwife unavoidably hindered attending upon the Bufincfs for which they were fatn- moncd, it [hall be lawful for the fail Commiffioners or any two of them, to fill up and compleat the faid jury with other Pcrfons, not being Inhabitants of the Town of Boflon. CHAP. VI. An A& for ercEting the new Plantation called Pon/roof Eck in the County of Hamp/hire, into a Town by the Name • of Pittsfield. TIER E✓4S it bath been reprefented to this Court that the ere(linr, the Plantation called Pontoofuck into a Townfbip, will greatly contribute to the Growth thereof, and Remedy many Inconvert rt es to which the Inhabitants and Proprietors may be otherwfe f tbjefed : ti tin ei�a�Lii7r, council am police ®c �;�.e�ic: 15� f enact tip t Bounds or the a.' That the Plantation aforelaid, bounded as follows, viz. North on Pew -Framingham fo called, .4/hu Town. Eafl Filly on .elot-Equivalent, and partly on 'Unappropriated Lands, South and Weft on Unappropriated Lands, be and hereby crted into a Town, by the Name of Pittsfield: the tnds,thaativt he In- habitants habitants thereof be and hereby are invefled with g and Immunities which the Inhabitants of' the Toswihinthis Prin o enjoy. Saving. That the faitTown shall not have within to nd a Repr fehtative to the General Court until the GeneralTEleelion in May, 17 3. `1'owtet- , an° be it fu t»icc Ewan, That-WTilliam it illiams, ER; l c and hereby ing to o be is impowercd to iffue his Warrant direded to fome principal Inhabitant in faid warned. Town, to notify and warn the Inhabitants in Paid Town qualified by Law to Vote in Town Affairs, to meet at fuch Time and Platfhall be therein fet forth, to chufc all fuel: Officers as are or (hall be requiredby Law to manage the Affairs of raid Town. Provided neverthelefs, That no Inhabitant of faid Town or Proprietor in the fame, excepting the Original Sixty fettling Proprietors, or thofc who hold under them, (hall be obliged to pay any Part or Proportion oporij of theChag- wards building a Meeting -Houle, fettling the r tn other Charges within faid Town, which the faid Original Proprietors were obliged to perform either according to the Tenor of their Grant, or to any Agreements already made by or among themfelvcs. efsments anti be ft fatter enatteb, That all Aff'ef inerts of Rates and d ba levied and xes agreed A' y to be in full upon by faid OriginalProprietors �� bacltnat been made. foice. collected in like Manner as if this CHAP. irtw Regni .Regis G E 0 R C I I, III. Primo. :reCntO$ of Sir William Pepp err ell; c. CHAP. VII. An Ad to enable the Executors of the lac Will and Tela.- ment of Sir William Pepperrell, Baronet, deceased, and the other Proprietors of certain TraEs of Land in the Townfhip of Biddeford, and Scarborough, to fue for any Trefpaffes committed upon faid Tra&s of Land, within Trefpaffes Years preceeding the prefent Seffion of this Court, in the prefent County of York. "'HEREAS Sir William Pepperrell, Baronet, was in his Life -time Preamble; at the Time of his Vcceafe, feized in Fee of divers rrass of Land in the Yownfhips of Biddeford, and Scarborough, and among others of a certain Traci commonly called the Uppercheker of Fox - well's -Patent, Part in Severalty, and Part in Common, and undivided with other Proprietors : .And whereas it is alledged that there have been many Trefpafes connmitted upon the Premifes within a fewrears pafl, and the County of York, has been lately divided into three Counties, and Part of the Premrfes may fall within the County of Cumberland, and many Difficulties are in the Tway of profecuting Suits for faid alledged Trefpares, as the Law now/lands ; and for fame of them it may be impofble to obtain fuflice without the Aid of a fpecial Ad of this Province : 113c ft tbercfalc men by tfie 6-obet'tint, Council ctub b►baufe of nem: f euttatisbcS, That any A&ion orAEfions of' Trcfpaffes for anyTrefpafs orTrefpafles committed within fiveYears preceeding the prefcntSefiion of thisCourt, upon any Trills of Land in the Towns of Biddeford, and Scarbarou h, or either of them, whereof the faid SirWilliamPepperrell, was at the Time of his Deceafe feized in. Severalty or inCommon, and undivided with other Proprietors, fhall and may be profecuted and maintained in the prefent County of cork, by the Executrix of thc Iafl Will and Teftament of the Paid Sir William Pepperrell, or the Guardi- ans to the Heirs or Devifces of' the laid Sir William Pepperrell, where he was feized in Severalty, or jointly by them with others, where he was feized in Common and Undivided, in thc fame Manner to all Intents and Purpofes as if there had been no Divifion of the late County of' York. • - • 1 6r; 403 •41 1 PP' FAIT) Aga e.1 PL.; �?' , D: �a p _ 41723* -? g�Lbgl gar o 7G'.1��^��L 2 4`et Cu 46 GD 3u PtZ5)-iG ca $D R-36) ca.') VP r- at9 4i,ati 4a) 4r`4Dg 4iP OD d� QQ ifQ' 4� �'. .BOSTON: N. E. Printed by S. KN E E L A N D, by Order of his Excellency the GOVERNOR; COUNCIL and Houle Of REPRESENTATIVES. 17 6 I. 'mot, . �a?,.�rz.,e oda ntt q 44 ,a„e?„ a dD,dJP c_Ti f,p 094 aD CD -0?,.9R fe "44? j5 A&ions to bd brought in the County 4 York.. • Anno .Regni Regis G E 0 It CY 11, M. Primo: t rp in Sudbury A&S and Laws5 Paffed by the Great and GeneralCourtorAfrcmbly of his Majefl;y's Province of the MaJJacha%tts-Bay in New -England Begun and held at Bojlou, uponWeduc1Uay the tch:teh ry-feventb Day of Math 1761. CHAPOI, AnAd making fpecialProvifion for theSettleinent andSup- port of the Gofpel MinifFry in the rl own of Sudbury. HERE AS there are two di%linet Societies for religious- Igor- 'hip of the Profefflon of the Churches in general of this Pro- vince, in the I'own of Sudbury ; and each of, the faid Societies being delirous of being authorized and inipowered to contract with, and proceed to the Settlement of a Gofpel 1VIini/ier, when and fo often as it flail be neoe%f im y, as fully d s by La.v they blight do, if they were diflin5t Parifhes C '13c it bcrcfoxe tnactcU lip tije dSabcrnor, Coilltfil flub 1..oit[e at 3ltea [ctttati1jc , Thai fuch of' the Inhabitants of the TOwri of' Sudbury as ufua:ly attend the public Worfhip on the EaflSide of the River in fail Town; and alfo finch of the Inhabitants of Paid Town as ufually attend the public Worship on the Weil Side of the faid River, qualified to vote in Parifli Affairs, be and hereby arc fo far incorporated into diftinet and feperate Societies, as to be enabled from Time to Time (in Concurrence with theAEt of theChurch in fuch Societies ref � c&ively) to call, contra& with aid fettle a Gofpel Mini= iter, or Miniflers, for each Society refpeEtively, in Manner and Form as the Miniflers of the Churches of this Province are called, contraded with and fet- tled ; and filch Calls, Contraeis and Settlements (hall be as valid and elfeEtual to all intents and Purpofes, a5 if' filch Societies had been ereaed into digin& and feperate Parifhes. Onti be u iuvtbrr enactciJ, That when and fo often as theEaflChi rch and Congregation, or the Wert Church and Congregation, (hall be deflitute of a Gofpel Miniflcr, the Deacons of the Church fo defiiitute, may and (hall notify the inhabitants, qualified by Law to vote in Parini Affairs, where fuch defli-- tutcChtirch Lill be, to meet on tome certainDay, and at fomc certain Place ; and raid 1I abitanrs fo notified and convened,at hcrctoy authorized andirnpOWer- cd to choot a iModerator and Clorl: to aL.(1 , nd to do all fuchiMattersand Things - 1 -1 li h as 405 Preamble, Inhabitants of the Town of Sudbury incor- porated into ditlinet Socie; ties as to the call and Set- tlement of a Gofpel Mini- f;er fo; each Society &c. Provifiot when etcher Chinch is de- ftitute of a Gofpel Mini - kr. • 176c. 'Anna Regui Regis G E 0 R 0 I I, III. Primo: 406,.. • a utation of ffl/One e-neij et' 5�� O'.l at as Parifhes by Law may do towards fettling a Minifter asi jfo' Time, id, a and lb Ad - g as journments to continue fuch Meetings from Time ollcc3ors and C tall be necefl'ary for the Purpofe aforefaid ; and the A(m kfl'ors t rn.ty concern, are other Town Officers of'the Town of Sudbury, hereby impowered to alias, levy and colle& all Rates and vi Taxesats ffaor the S pf port and Maintenance 'of fuchMipifters, from the It Sudbury, in Manner as if fuch Miniflers had been chofen and contrafted with by the faid Town. 'Afefiors &c. impowered to aifefs. levy & cone& Taxes for the Sup• port of Mi- lliilers. 'Preamble. DiflriEts fah - jet -led to the Duties which Towns by Law are fub- jcfted to. CHAP. II. An Ac's foie the better regulating Diftri&s within this Province. HER ..SIS it has been found expedient to erect Viflricts within this Province invelled with thc Powers Priviledges and Immunities of `['owns (the Priviledge of fending a Repre/cntatil e to tai the rig e lies[ •%1 embly only excepted) and it being necefary that all j fl %1 .1% by Law are /iabjccled to, and be fubjeifled to all the Duties which Towns liable to all fuch Penalties for ,Neglect thereof as Towns by Law arc lia- ble to : 2a¢ it t'fjerefolt cttarfc1 bp tht (interior, Council flabithin thisP oiift efh. 1prc- fentatibeL, That each and every the Dif?riel sl be and hereby are fubje&ed to all theDuties which T owvns ure y thvv erein, are lu c&ed to,s and made liable to all thel'enalties f all � gte Cs•� �dlPurpofes be corlidered : s by Law are liable to, and fllall to Towns, the Priviledge and Duty of fending a Reprefentative to the General Afl'embly only excepted. C Ti A P. III. All Aa. for Incorporating the Plantation called CoU- Spring into a Town by the Name of Belcher's-T0wn. HEREAS the Inhabitants of the Plantation of Cold-Spri� ac yin ii; Preamble. the County of Hampfhtrc, labour under many Vr�icu lties d Incon- venic,���cies by Means of their not being a Town Therefore, ,.e it curiae) bp the . t ottltcil cit.D u?attf"r of i`rptcferrttht' , That the faid Plantation commonly called and known by the Name ofa of - The Plantatf South onSwift-River} cin calledCold- Spring, bounding Eaflerly^ on Swift-River, Springfield, and partly on �-ladley, Spring,erc5ted and partly on Palmer, ��, (lerl� partly �' by into a Nam and North on Pelham ; be and hereby is ereCl:ed into a Town by the Name of the Name of L -Town -%gun ; and that the faid Town be and hereby, ts Tow'ns`colf with this mf Beichert'.' ' Town. all the Powers, Prig -fledges and Immunities and fending a Rcprefen- Province, do or may by Law enjoy, thatg qutiv c to the General Court only excepted. ThatDearer Porter, Efq; be and hereby is :�'IeazrrPorter, 2nb be it furt'f'Ct' Cttr:ifCia, 'Di]; impow- iris powercd to Me his Warrant to Tome principal Inhabitant of the aidaiPlan- e,cd to duean- tat un, requiring him in his iVlajeffy's Name to warn and y his Warrant habitants, ualified to vote in Town Affairs, that they meet together at fuc}i or theChoice qualified. •of Town Ofli Time and Place in Paid Plantation as by Paid Warrant fhallirs of laid Town to vers. chute fuch Officers as may be nceflary to manage the Affairs and the 1 nhabitatits being fo met (hall be and hereby arc unpowered to chute 'filch Officers accordingly. a C H A P. • Ammo RegniRegis 6E0RGII, III. Primo. fLDUtitesbutp,Colrain. CHAP. IV. An Ad for ere&ing the Plantation called Road -Town in the County of HampJh re, into a Town by the Narne of Shtit ejl ,ny, and caufing the Delinquent Settlers to fulfil the Conditions of their Grant. it eitaftcb by tYje d3ober.nor, Council no ti "ti[e of iReprefcnxa- • titito, That the faid Plantation be and hereby is crecriecl into a Town by the fame Limits which are now the,Boundaries of the ftid Planta- tion, by the Name of Shute,'bury ; and that the fail Town be invefled with all the Powers, Priviledges and Immunities that Towns in. this Province do or may by Law enjoy, that of fending a Reprefentative to the General Altera- bly only excepted.- ' �iit� be it further eiiatteb, That Eleazer Porter, F f be and hereby is ry q Elia�erPorter, impowered to ifl'ue his Warrant c?ire�ted to fume principal Inhabitant in laid Efq; impow- Town of Shutefbury, Requiring him to notify and warn the Inhabitants of' ered to ifl�e the fame Town,qualified byLaw to vote in Town Meetings, to meet at filch his warrant � for calf ng a Time and Place as fhall be therein fet forth, to chute all Town Officers for cf,lg for which by Law Towns in thisProvince are im1)owered and enjoined to chute. the Cho.ce of �tt� be ft flutter enattet►, That thole Perfons to whom any Guant of To,vt:Oflicers. Lands in the above Warned Plantation of Road-Townwere made on Conditions ;'me allowed of Settlement (who have hitherto negleccied to fulfil the Conditions of talo for fulfilling Grants) fhall be allowed three Years more, to be reckoned from the firft of the Condition .?u/y next, to perform the Conditions of their Grants, before the faid Grants of Grants. f]aall be forfeited for Non-performandc of thc Conditions thereof. I7 r 407 The Plan:ati• on called R9 -.d Town, uwn, made a Town by the Name of Sbutesbury, CHAP. V. An AE for Incorporating the Plantation called Colrain into a Town by the Name of Colrain. H REAS the new Plantation of Colrain lying in the County cf. Preamble; Hampfhire is competently ;fled with Inhabitanti, and labour under great V ificulties andlnconveniencies by Means of their not being a Town : Therefore, te Plantatignt3e it enatteb by the ror3trno, Cottgc11 flhQtcQe L�Cttativt�, That the faid new Plantation commonly called and known by the Name of called Ca'rair, Colrain. lying on the Northwefl of Deerfield in the County of Hampfhire, e, o & c1 into the according to the Bounds by which it was eflablifhed by the General Court, be Namt ofCal- and hereby is cref ted into a Town by the Name of Colrain; and that the ram. laid Town be, and hereby is inveiled with all the Powers, Priviledges and Immunities that any of the Towns of thisProvince do or may by Law enjoy, that of fending a Reprefentative to the General Court only excepted. Provided, That nothing in this ACI Lill be undcrflood or fo conflrued as Prov'ifo, in any Manner to fuperfcde or make void any Order or Orders of this Court now in Force refeeding the Method of Making Aff'efstrents within Paid Plan- tation in Time pair ; but that the fame Shall remain and bc as effeaual as if this A& had not been made. anb ftc it farther criacreb, That E!ijah I7':11iams, Efq; bc, and hereby r fli r b J i� �I7X- is impowered to ifluc ills \\Tarrant to Come principal Inhabitant of the f idl� lila- ! hiin his Majefly's Name to warn and notify the Paid n a- it?',,e !-„ ,�•zr. talion, requiring. tants qualified to vntc in Town Affairs, that they meet together at inch Titne rent for call - and Place in faid Plantation as by faid \`r arrant fi}:ill be appointed to claire fuch i Yi`►,ti'✓?re:r g " ' Town,and the' In- tc-, Officers as niav be ncc:f zry to manage the r';�l.,;rs of laid u� ! ic!• hahinnts b ii''' fO met, fhall be and hereby are impowcred to clinic fuch co,. Officers CHAP. r •y761, 408 Anno Regui Regis G E O a G I I, III. Primo. 5rcat43arrtfSt0f, CHAP. VL An A& for ere1ing the North Pariah or Precina in the • Town of Sheffield into a feparate Town by the Name of Great -Barrington. The North , QAC it mato bp the eoticr'ttor, Council n t ouf t fVtpri f eret- Pariniof She/- / titiC , That the faid North Parifh or hereby • field ereEted "" ed into a feparate and diftin& Town by the fame Limits and Boun-- into a feparate darleswhich are now the Boundaries of the faid Parifh, by the Name of Name of red-ar ,� 'Town b the , y G t B ri z�ton •, and that the faid Town be invefted with all the Powers -Frear-Bar- Priviledges and Immunities, that Towns in this Province do or may Law ringtas. enjoy, that of fending a Reprefentative to theY nrym Time ept- ed ; and that the faid Town !hall have full Liberty and Right, to Time, to join with the Town.of Sheffield in chufing a Reprefentative to reprefent them at the General Af!'embly, who may be chofen indifferently out of either of' the faid Towns, and that the faid Town of Great -Barrington Miall from Time to Time be at their proportionable Part 1of 1 its the Expellee of fuchuReprefentative ; and the Freeholders and other Their Powers Barrington (hall be notified of the 'Time and Place of Eleetion with rhe In- ancl:'rivileges. habitants of the Town of Sheffield, by a Warrant from the Sele6t-Men of Sheffield, dire&ed to the Conitable, of Great -Bae ington, them equiring; him to warn them for that Purpofe at the rime and , h Warrants (hall be duly ferved, and fcafonably returned by faid Conflable of Great -Barrington, Provided neverthelefs, aitch be it ftirtljct tiia tett ; That the faid and wn of Great -Barrington, than pay their Proportion of County 'Pawn. Province Taxes already fet on or granted to be railed by laid Town o Sheffield, as if this Ac`t had not been made. ltib be it Dwight, Ef�1 uire,be and hereby `7olrphDzeioiif furter ertact£b, That 7ofeph Elq; irnpnw- is imps vered to ifl"uc his Warrant dire&ed to fome principal Inhabitant tlin laid Bred u iii'ue Town of Great -Barrington, requiring him to notify and n abi- his Warrant tants or the fameTown, ,qualified by Law to vote in Town Nettings, to meet for callin fila atCfuch'Timme and[ lace'as -}fall be therein fct forth, to chafe all T. ownOfflcers, Meeting the Choice of which by Law Towns in this Province arc impowered or enjoined to chufe. Town Ofh- And whereas in and by anAf ntade.and pafs'd in the f r l � e ar of eflehlyPae- fentlVlaje/ly'sReign,eretting and efttabli/hing a newt y t' of theCounty of ilampfhire,by theNante of Ber1:f1]ire' itis amongcl other b� ilv "That Sheffield for the prefent be the Shiref faidCountyty ena�l ed, of Berkfhire, and that theOffice of Resifler a f Deeds be kept tar, there No/hall rth ,Yarrfh inlaid Sheffield, and alfo that yearly and in every be held and kept a Court of General Se Pio ,s of the Peace, Ind a an Itnferior ` li Court f Con1n1--i Pleas, at the North 1 arif�h in Sl •D 1 fie . • cers. `-Preamble, our o ":Now to prevent 2"'itefda•y of April and firfl Tuef lay of September 1 any 'Difficulties that may ar' 1116e it cna.ctea, That the Town of Great -Barrington f r Re he ipv fent s (hall .be the Shire 'Town of faid County of Ber,Vire, and t g ffice (;rear Bar- be there kept, and that the Courts of General S; ff'ions of the Peace and In- lr�ton, to be pp Shire feriour Court of Common Pleas appointed to be held r ,ion kept at thf e North Great-Bar- the 3 'drown, &c• Parifh in Shelf end -aforefaid, be held and kept int e ritlgto,i on the fall 'I,uefday of April and fir -fl Toreacay t�i�ot0 fSee contraryeptember inu- not- ally ; any Thing in tl;e before -recited and mentioned withftanding. 4 • C H A P. 71 , Anno Rejni Re 'is G E 0 11 1 1, III. Primo, lit. Rehoboth. CHAP. ,VII. An A& to lm'efl the Committee of the fecond Precin& in Rehoboth with Corporate Powers for certain Purpofes therein mentioned. HE REAS the fecond Precinel in Rehoboth whereof theRevcrend PrcamblUi .v ' Mr. Robert Rogerfon is the prefent Pallor, have humbly fupplicated this Court, Petting forth; that by the Sale of certain Lands they were by Court impowered to fell, they have nozv the Sum of Six Hundred Pounds, and that by a voluntary Sul Peri ption among thenifelves they can rajfe the *Sum of Four Hundred Pounds more ; which Sums making together One Thoufand Pounds, they pray may be placed at Interell, and the annual Intern rel for ever appropriated to the Support of a Congregational or Pre/byte- 'rian Minifler within Jaid Precinc? 'alae It ti, crefore enact£b by .tilt goti£tnot, Council firth liptife Stephen 409 .. 'of liit£pref£n'ati'3Cs, That Thomas Carpenter, Stephen 1V.toulton, Ephraim Committed 0 jaunt, `Daniel 1311/4, and Nathanael Bl /s, . the prefent Committee of the faid declared a 'Prechnand thole which (hall be annually hereafter forever chofen by the Body oro ft laid Patina to the fame Office, (hall be and are hereby declared a Body cor- .ate. prate,. try the Name of the tru%lees of the fecond Parjfh of Rehoboth ; and they are hereby incorporated to this fpecial Purpofe, to wit, when the faid Sulu of One T'houfand Pounds, (hall be complcatlyrailed, . to receiPerfove the as t Rea or fame, and to let the fame to Intereft on good Security y the or the major Part of thein (hall judge fat, and all Bonds Mortgages or `other lawful Securities made to the faid Thomas Carpenter, StephenIVIoulton, - ,Ephraini Hunt, Daniel Blifs, and Nathanael Blifs, or theirSucceffors afore- faid, (hall be underftood to be valid; and they or their Succeflbrs, or the major powered to Part of either of, them by the incorporate Name aforefaid, may appear and fee and dot plead, fae and defend in any Court within this Province in all Matters touch- fend. ing filch. Securities. . , eit $��� Zilh) belt further crumb,. That the Intereft annually ailing from the nIl..ltyeappropri; faid principal Sura (hall be paid to a Minifter of a Congregational Church at.dr, refident and officiating in the Work of the Miniftry within the Precin& for- ever : And if it [.]all ever hereafter happen that there [hall be no Minifter of a Congregational Church fettled within the faid Precin& for the fpace of' one Year, in every fuch Cafe, the Intel -eft arifing (hall be put out to Intereft on new Security; and all fuch increafed Capital -hall be ordered and managed. according to the Dire&ions herein before given refpcBeing the faid principal Suns. And the faid `Phomas Carpenter, Stephen Moulton, Ephraim Aunt, Daniel Bl fs, and Nathanael Blifs, and their Succefl'ors aforefaid, are hereby incorporated, impowered and direfted with refpe&t to the faid increafedCapital, as they are herein before with refpe& to the faid Sum of OneThoufandPounds, inEtCotta? 2iib be it further' enatt£b; That if at any Time the faid Precin& [hall at precmictee cors - the annual Seafon of the Year neglect to chufe a Precin&Committee, the firmed in Commitee then haft before chofen !hall continue veiled with all the Powers Caff. and Priviledges aforefaid until new ones be chofen. .To be a.- 2110 lie it further' mite), That the faid Committee and their Succefl'ors, countable ihall be accountable to the faid Precin&, and may by them for any Mifdc- the Preciridc meanor in their Office aforefaid, be removed from their faid Truft, and new ones appointed in their Stead. 11 AsecsAc r v r '," rIse r. - r 1,4-„A ,aar' r ,rix",Aar •gN ate, BOST:ONr N.E. Printed by S. KNEE L A N D, by Order of his Excellency the GOVERNOR, COUNCIL and Houle of REPRESENTATIVES. T 7 6 I. • • • • 1 23 .a_ Anna Regal Regis G E 0 R G 11, II. TricefIRlo: upevio ~lt' Court5. J}.9 :`ice\4 a•�:. . r..:�t,ti,;n W.y.: p�•.t«'• r-'�:••ti... •• 4, t`<�a�`a.l,.i�t.'J sL4:7::.,,,‘.7,-_,-..-)":e•"1 J f1d', sz. �\ a,:h`G, •<4.. l4;„;),:::::::::::1,14;..:..1.::,;71:0--".;,111 4 -: x,+::. w.: e11.: -s.. ,, 4.'' .v'•r<. 'JOD:.:'.., s�� i9 t(I.1.1 .I •b ... •-••-• - ! ``•\sf/ r..n av;.V !r; :�'Jw ?r.. ..e •'��'"�' n-,(/ I'ii •r. r.., o,:. ,., ,.. i:,:i 1'.1"'. . ^' ./:-. ., l' J.. .9. .. ,. nli:'r �. y,.✓..'4�4.rub.. :4,io• 71r ! �, •! R 'r". �. J;r AS:a�J.4 :NWS"UVL I: <.`- ` • Y P r, L ' Y :'. ..•71: , . r • .. -. .., r.•• .4 ':' M _`.. n?a:-3 • '.:. •. v%....,3-3.3 i,+ 9' 9 AiT. `1r b•G {Sl f:; G;'t) 11/ 10...4 •. ' 1 14,"... 1\.- •.I: M1 ;t...1 .r'i 1 Yr. 11n1 t -J $ii1 t,i. it: I`y��t ; ll�,,,+ .;, e,t �-1i•'—�.�la. 47.^x:•-•',511141 *?, } .. J. •;. EI SII ,.•+ �,,,• p \ ^ .i ~1'7::•13, r v �'•I i:'r� s.lt.�1V .. :t=i. .l. _ .. .:•` t.�:,. w.i.r . al'('•..)INA•.trr.is� ? �,,,-\\,:.:,1i±`Y.{I;``.:/�>'� t: e-...�t� 2 {{rte . 7a Cf2 47�{y. ,.1�.-:llz•> 1' ijjl7 { , x\5ta J. Cvs A&s and Palfed by the Great and General Court or Alterably of his 1Vla-; jetty's Province of the Mafrchufetts-Bay in New -England : Begun and held at Bof oil, Lyon Wednefday the twenty -firth Day of JVIgy, 1756. ' And continued by fundry Prorogations to the firth Day of January following, and then met. CHAP. I. AIS Act for altering the Times a p oin Superiour Court of Judicature, l&c. Fiymouth, • Bro. I of and .Bcrr1 /i c: HERE AS the `times appointed by Law .for holding the Su- ' periour Court of judicature,'Curt of 4713e and Gener=al Goal Delivery, within the Counties of Plymouth, Briitol and Barn- ftable, are found'to be inconvenient in Regard of tine extream Heat of the Seaton, as well as in other Rcfpec!s : #1�3c it t1"Crefote CIiattc fav tlbe L ittitcnant Cxoueritoilr, Council an - Polite of Reprcfc1Ztatilrc , That for the future the Time for holding th'e uperiour Court of Judicature, Court of Affiz.c anclGencral•Goal Delivery at Plymouth, within and for the County of Plymouth,fhall be the laftTuef- day in .April annually : And that the _Thee for holding the fa;d Court at ,barn/lab'le, for the Counties of Barn;lable and Dukes -County, (hall be the firft. Tuefday in,May annually ; and that the Time for holding the Paid Court at Taunton, within and for the County of Brit ol, thall be the kcond Tuefday in actobcr annually, faith be it furter enact-eb; That all Writs and other Procefl-es already 'gibed, returnable to the.faid Court at the Days heretofore appointed for bolding the fire in the feveral Counties aforcfaid, {hall be returned : and all Matters depending at faudCourt, in either of Paid Counties, (hall be pro- ceeded on at the Days refpe(tively appointed by this Aft for holding the fame: And all Officers and other Pei tons concerned, arc required to con- form themfelves accordingly. 1757. 4_t n r Note, The three follow= t ing Aas ted for holding theereeir ompittero- d- in th in the Counties of per Pace, Page 375- t'rcathblc, • Tikes for holding the Superiour Courts in the Counties of Plymouth, Jiurn/'aisle & Dukes County, and Brei lol. savamomeausaa•Slikettlikincaaeaarmirnrcee l;, k CHAP, All Proccfres relatingthere- to, to be' tried • at faidCourts, 1 757 amble. Aflize of Laic.. eis G R. 0 R G 'I I, II. Tricefimo y..-4..41.1.,_.. -- CHAP. 1I. An A&& in further Addition to an A6F !ridded, An A forRegulc;:ing the 4fir, e o f Cofk, and preventing Deceit in packing F/b, eee. fir S,;le, made in the fourth\ ar Cf King William and Queen Mary. R E AT Complaints having been made of Fraud in the Ccr/I and 1 _Manner packing 1l% 1737: 414. 3ury'sVerdiet to determine Damage, and fix High - Ways! Anno. Ream; Rea 'G ]C 0 R G 11, If. Trice! mo. �,j,�;�;�?fi1PZ' Shall not alter Paid Way, or increafe the Damages, the Perfon complaining; Shall be at all Coils, to be taxed :►gainft hiin by fhid Court, otherwilc loch Cofl fhall be paid by the County ; "and the increafe of Damage found by the Jury, !hall be paid by the Town or Diftrict in which fuch Way !hall be laid. kitty be it further rural), That the Vcrdift of ruchJury,Return there. of' being made under their Bands andSeals to laid Cotart, (hall conclude the Perfon or Perfons complaining with Regard to the Damage and alto fix and determine the Place of fuch Road or High -Way, and Record fhall be nude thereof accordingly. •