SEVERAL LAWS Made at the second SESSION of the GENERAL COURT Held at Boston, October 11. 1682. And Printed by their Order, Edward Rawson Secr'
FOR the Prevention of great Trouble and Inconvenience that often befals Masters and Commanders of Ships and other Vessels by reason of their Men running themselves into Debt to several Persons in the Ports where they arrive, and not being able to Discharge their said Debts, are restrained or imprisoned for the same, to the great hindrance and prejudice of the Commanders and Owners of such Ship or Vessel:
It is Therefore Ordered and Enacted that after the Publication hereof, no credit to be given to Mariners without consent of their Master or Commander. no person whatsoever do Trust or give Credit to any Mariner or Seaman belonging to any Ship or other Vessel, arriving from forreign parts, without the knowledge and consent of their Master or Commander: nor shall any Process or Attachment be granted against any Seaman or Mariner for Debts and Engagements made as aforesaid: And if through any carelesness, or mistake in any Officer, any such Process or Attachment be granted, it shall be esteemed void in Law
AS an Addition to the Law, Title Attachments:
It is Ordered by this Court and the Authority thereof, that after the Publication hereof, No Attachment against Ships or Master arriving from forreign parts; nor to a Stranger against a Stranger, before Caution. no Stranger shall have any Process or Attachment granted against a Stranger before the Plaintif give in sufficient Caution or Security to Respond all Costs & Damages that shall be judged against him; nor shall any Ship or other Vessel arriving from forreign parts; or the Master or Commander thereof be Arrested or Restrained without the like sufficient Caution or Security given by the Plaintif to Respond all Costs and Damages as aforesaid.
WHether the Constable of a Town to which any Peculiar is Annexed for the Payment of Publick Charges, may Act as a Constable in such Peculiars, as he may in said Town? The Court Resolves this Question in the Affirmative.
WHereas there are in sundry of our Towns, and especially in Boston many Idle Persons in Families as well as other single persons, who are greatly, if not altogether negligent in their particular Callings: and some that do not follow any lawful Imployment for a Livelihood; but mispend their Time and that little which they earn, to the Impoverishing, if not utter undoing of themselves and Families: For Prevention whereof;
It is Ordered by this Court and the Authority thereof, that the Tithing men in each Town shall inspect all such Families and Persons, and speedily return their Names to the Select men of the Town where they dwell, Law for Regulating Idle Persons. who shall forthwith return them to the next Magistrate: and (if in Boston) to any of the Magistrates or Commissioners there, who are hereby Impowred to issue out Warrants to the Constable of the respective Town, to require such Person or Family to work in or about any Imployment they are capable of in the Town or Place where they reside: And if they refuse to be Regulated as aforesaid, then to be sent by said Authority to the House of Correction, and there received according to the Orders of that House, and kept to work: And that such Persons and Families may be provided for, It is Ordered that all their clear Earnings shall (by said Select men, or their Order) be laid out in Necessaries suitable for them or their Families Use and Relief; and that their Wages shall from time to time be stated by said Select men: And if any person or persons shall think themselves wronged thereby, they may complain to the County Court for their Relief.
THis Court on 24 th. At what Rate pieces of Eight to pass. of May last taking into Consideration, the frequent Exportation of our New-England Coyn out of the Countrey whereby Commerce and Trade is very much obstructed; As an Expedient to keep Money in the Countrey, did Order that all pieces of Eight, as Pillar, Sevil and Mexico Coyn, that are good Silver, should pass amongst us as Currant Money of New England, according to their weight in the present New-England Coyn: As an Explanation of that Law: it is to be understood, and it his hereby Declared that those pieces of Eight in the Law mentioned shall be paid & received at six shillings eight pence per Ounce, Troy Weight: and all smaller pieces of the like Coyn that are good silver, shall pass at the same price and weight.
THis Court being informed by the Right Honourable the Earl of Frontineac Governour of Canada, and Monsiear de là Valier Governour of Accadie, Courts Declaration against Inhabitants Trading in the Precincts of Canada or Accadye without License. that several of the Inhabitants of this Colony, have committed Irregularities, in their Trading, making of Fish, and fetching of Coals within the Territories belonging to the French; contrary to the Treaty and Ratification of the Articles of Peace Concluded at Breda, between the Crowns of England and France: For the Prevention of the like Practice for the future, and the preservation of a good Correspondence between our Neighbours of Canada and Accadie above mentioned, and our selves:
It is hereby Declared, that this Court doth not Allow and Approve of any such irregularities and that all persons so offending are liable to the Penalties and Forfeitures Provided against them by the Laws of those Governments where such Offences shall be committed.
AS an Addition to former Laws about Swine:
It is Ordered by this Court and the Authority thereof, that all Swine going at liberty shall be constantly Ringed sufficiently to prevent their Rootings, Swine to be Ringed on penalty. upon the Penalty of six pence on every Swine, in Money to be paid as a fine; the one half to the use of the Town where such Swine do Root, the other half to the Informer, to be Levyed by Warrant from the Select men; besides all Damages done in Commons or Proprieties, Fenced or not Fenced, any Law, Usage or Custome to the contrary notwithstanding.
IN Case of Damage of Goods on Board of any Ship or other Vessel Arriving here, where there is any need of Surveying as is usually practised:
It is hereby Ordered and Enacted that there shall be suitable Persons appointed in the several Sea port Towns of this Jurisdiction, as Surveyors, who shall be Sworn to the faithful discharge of that Trust, Goods Damaged to be Surveyed by, &c. And be called as often as there is occasion to view such Goods as are damnified, before they be unstowed, or any two of them, who are to make a Return under their hands to the persons concerned, if they desire it: who are to be satisfied by the Master of the said Ship or Vessel that Imployes them: and the Persons appointed to perform this Trust in the several Towns, are, for Boston, Mr. Christopher Clark, Mr. John Fairweather, Mr. Timothy Pront Senior; for Charlstown, Capt. John Long, Mr. John Trumble, Mr. Elias Row; for Salem, Mr. John Brown, Mr. John Hardy Senior, Capt. Richard More; for Marblehead, Capt. Samuel Ward, Ambrose Gale, Richard Reith, and for Newbury—And the Persons to be appointed for this Service be chosen from time to time yearly by the Inhabitants of such Towns as aforesaid, who have liberty to make choice of other Officers.
THis Court doth Order, that no Countrey Grants of Land shall henceforth be laid out but by some known able, and approved Person whom this Court shall appoint, Lands or Grants to be Surveyed only by Surveyers on Oath. who shall be upon Oath to Act faithfully in that work, and make Return under their hands of all such Land laid out by them, with the Quantity, in a fair Draught or Plat, together with the Quality as near as they can: In pursuance of this Order, This Court appoints and allows of Capt. Elisha Hutchinson, Mr. Jonathan Danforth, Mr. John Flint, Mr. Samuel Andrews, Mr. David Fisk, Mr. William Carr, Mr. Joseph Hawley, and Mr. Samuel Marshfield to be Surveyors, any one of them to lay out such Countrey Lands as any person have had, or shall have Grants from this Court. And the said persons shall take this following Oath at some County Court before they act in Surveying any such Land.
You Swear by the Great Name of the Everliving God, Surveyors Oath. that you will faithfully and impartially, according to the best of your skill, Survey and Measure such Grants of Land that are made by the General Court to any Person or Persons within this Jurisdiction; and present a fair Draught and Plat of such Land to this Court; therewith certifying the Quality as near as you can understand it, as well as the Quantity of such Land, all which you shall make Return of to this Court under your hands: So help you God.
WHereas it often falls out, Coun. Courts power to impower Heirs, Executors and Administrators to make Deed of Sale &c. that Men makes Bargains and Sales of Land, and sometimes receive part or all the pay for the same before the Deeds of Sale are perfected according to Law; the Granter confiding in the fidelity of the Person that sells; and after that, the Granter dies.
It is hereby Ordered and Enacted that it shall be lawful and in the power of the County Court where the Land lies (the Bargain being legally proved to the satisfaction of the Court) to impower the next Heir, or Executor, or Administrator to the Estate, to Draw and Sign Deeds of Sale for the same.
IT is Ordered by this Court and the Authority thereof, that all Informers of the breach of Law by Unlicensed person or persons whatsoever, to any Court, making proof thereof, shall henceforth have one clear Third part of the Fine Imposed and Received for such Breach.