Judgements frustrated by Persons.

WHERE AS in the Levying of Executions, there have fallen out many Difficultyes whereby the Judgements obtained, Judgements frustrated by persons. have been made frustrate; For the prevention whereof;

The Court doth Order and Declare; Tendring goods, Lands &. not their own, how, to be made good. Where any Execution shall be Levyed on any Houses, Lands and Goods, and delivered to the Parties for whom the Judgement was granted, and the said Execution returned according to Law; if it shall appear the Person whose Lands, Goods or Houses were levyed by Execution, have affirmed, or delivered, or tendred the said Goods, Lands or Houses as his own, which in reality [Page] were not his own proper Estate, and in the same condition of Estate as he did tender them either to the Officer or Parties for whom the Execution is levyed such person so endeavouring by such Action to delude the Law and defraud the Creditor, shall be liable to pay double damages to the party grieved, and Pay such fine as the County Court shall see cause to impose.

And if any party that hath obtained an Execution, shall adventure to levy the same upon Lands, Houses or Goods, commonly accounted the Houses Lands or Goods of the person against whom the Judgement was granted, and the Execution be returned according to Law, County Co &c. to renew Execu­tions in Case &c if it afterwards appear, the said Houses Lands or Goods were not the Houses, Lands or Goods of the said Parties against whom the Judgement was given, the party that was so mistaken making the same to appear to the Court that granted the Judgement, the said Court shall Order a new Execution for the satisfying of the Judgement not­withstanding the former Execution returned.

WHereas it is of great moment in the Administration of Justice, that all matters of Records, should be faithfully Entred and kept, and as occasion is, given forth;

It is Ordered and Enacted by the Authority of this Court: Clerk of Courts &c Recorders to be Sworn. That from henceforth the several Clerks or Recorders of the publick Courts of Justice, and the Recorders of the several Counties in this Jurisdiction shall be Sworn by the Courts to which they belong, unto the faithful discharge of their Of­fice in all respects, and that the form of the Oath be as followeth:

Whereas you A. B. Their Oath. are appointed Clerk of the County Court of C. You do Swear by the Everliving God, that you will faithfully and uprightly demean your self in the said Office: you shall truly and fairly Enter and Record all Acts and Judgements of the said Court, and whatever you shall receive Order and direction from the said Court to do, you shall safely and faithfully keep and preserve the said Re­cords, and deliver Executions, Decrees or Orders to Persons concerned as in duty you ought, and true Copies of such Records give forth when regularly called so to do, and in all things you shall be faithful and true to the Court: So help you God, &c.

THe Law having Provided for Holding of County Courts, where Magistrates are wanting, by such persons of worth (stiled Associates) as the Freemen of such Counties should Nominate, being allowed and appointed by the General Court; And there having been too great a neglect of certifying the General Court, the Names of the persons so nominated, for their confirmation and appoint­ing such Persons the Associates for that County.

This Court doth hereby remit former neglects herein; And do Declare, That notwithstanding such Omissions, all former Acts of County Courts shall be accounted good and valid: Associates of Courts [...] to be chosen and when to be Sworn &c. And for time to come, do further Declare and Order, That in all Counties where Associates are to be appointed, the Freemen shall make their Nomination of such Associates at the same time yearly when they give in their Nominations for Magistrates, which Votes for Nomination of Associates shall be carried also by the same Commissioners of the several Towns, sealed up to their Shire meeting, there to be opened, and those four persons that shall have the most Votes shall be certified under the hands of three of the said Commissioners, the Shire Commissioner being one, to the Court of Election yearly: For the confirmation and Approbation of the said Associates, which being obtained, the Secretary shall certify the Clerk of the County Court thereof, who shall give notice to such Associates to appear at their next County Court there to take their respective Oaths.

THis Court accounting it their Duty by all due means to prevent appearance of sin and wickedness in any kinde:

Do order; That henceforth it shall not be lawful for any single Woman or Wife in the absence of her Husband, to entertain or lodge any In-mate or So­journer with the dislike of the Select men of the Town, or Magistrate, or Com­missioners, who may have cognizance thereof, on penalth of five pounds per week on conviction thereof before any Court or Magistrate, or be corporally punished, not exceeding ten stripes; And all Constables are to take cognizance hereof for information in such cases.