ACTS AND LAWS, Passed by the Great and General Court or Assembly of Their Majesties Province of the Massachusetts-Bay, in NEW-ENGLAND.
Begun at Boston, the Eighth Day of November, 1693. And Continued by Adjournment unto Wednesday the Fourteenth Day of February following: Being the Second Sessions.
Anno Regni Guilielmi, et Mariae, Regis et Reginae, Angliae, Scotiae, Franciae, et Hiberniae, Sexto.
BOSTON. Printed by Bartholomew Green, and Sold by Samuel Phillips. 1694.
Anno Regni Regis et Reginae, GULIELMI et MARIAE, Sexto.
AN ACT, For the better Rule and Government of the Indians in their several Places and Plantations.
TO the intent that the Indians may be forwarded in Civility and Christianity, and that Drunkenness and other Vices be the more effectually Suppressed amongst them.
Be it Enacted and Ordained by the Governour, Council, and Representatives, in General Court Assembled, and it is Enacted by the Authority of the same,
That His Excellency the Governour, by and with the advice and consent of the Council, may and is hereby impowred to appoint and Commissionate one or more discreet Persons within several parts of this Province, Commissioners to be appointed in several parts to have the more particular care & Government of the Indians to have the inspection and more particular care and Government of the Indians in their respective Plantations; and to have, use and Exercise the power of a Justice of the Peace over them in all matters Civil and Criminal, as well for the hearing and determining of Pleas betwixt party and party, and to award Execution thereon, as for the Examining, hearing and punishing of Criminal Offences according to the Acts and Laws of the Province, so far as the power of a Justice of Peace does extend. As also to nominate and appoint Constables and other proper and necessary Officers amongst them.
And be it further Enacted by the Authority aforesaid,
That no Person or Persons whomsoever, shall directly or indirectly Sell, Truck, Barter, or give to any Indian, any Strong Beer, Ale, Cyder, Penalty for selling strong drink to be Indians. Perry, Wine, Rhum, Brandy or other Strong Liquors, by what name or names soever called or known, on pain of forfeiting the Sum of Forty Shillings for every Pint, and proportionably for any greater or lesser quantity so Sold, Truckt, Bartered, given or delivered to any Indian, directly or indirectly as aforesaid, upon Conviction thereof before a Justice of the Peace, where the penalty does not exceed Forty Shillings: And if it exceed that Sum, at the Sessions of the Peace to be holden for the same County where the offence is committed: One Moiety of all such Forfeitures to be unto Their Majesties for and towards the support of the Government, and the other Moiety to him or them that shall inform and prosecute the same by Bill, [Page 50] Plaint, or Information. And if the offender be unable or shall not forthwith pay and satisfy the said Penalty or Forfeiture, then to be committed to the Goal of the County; there to remain until he pay and satisfy the same, or suffer two Months imprisonment.
Provided this Act shall not be intended or extend to restrain any Act of Charity for relieving any Indian (Bona fide) in any sudden Exigent of Faintness or Sickness, not to exceed one or two Drams; or by Prescription of some Physician in writing, or by the allowance of a Justice of Peace.
And for the better discovery of such ill disposed Persons, who through greediness of filthy Lucre, shall privately Sell or deliver Strong Liquors or other Strong Drink, to any Indian or Indians ( of which it is difficult to obtain positive Evidence other than the Accusation of such Indian or Indians) And to the intent that Murders and other outrages frequently occasioned thereby may be prevented.
It is Ordained and Enacted,
That the Accusation and Affirmation of any Indian, with other concurring circumstances amounting to an high Presumption, Indian accusation with concurring circumstances, to amount to a conviction, unless &c in the discretion of the Court or Justices, who have cognizance of the Case (the Accuser and Accused being brought face to face at the time of Tryal) shall be accounted and held to be a legal Conviction of the Person so accused of giving, Selling, or delivering Wine, Rhum, or any other Strong Drink or Liquors, to such Indian; Unless the party accused shall acquit him or her self thereof upon Oath; which the Court or Justice respectively, are hereby impowred to require, and Administer unto the Person accused, in form following: That is to say.
YOU A. B. do Swear, That neither your self nor any other by your order, general or particular, assent, privity, knowledge or allowance, directly or indirectly, Form of the Oath. did give, Sell or deliver any Wine, Cyder, Rhum, or other Strong Liquors or Drink, by what name or names soever called or known, unto the Indian by whom and whereof you are now accused. So help you God.
And further it is Enacted,
Strong drink found with Indians, to be Seized.That it shall and may be lawful to and for any Person or Persons, to Seize any Wine, Strong Liquors or Cyder, which he or they may find in the Custody of any Indian, not obtained by allowance as aforesaid, (other than Cyder made of Fruit of their own growth) and to deliver the same unto the Constable, or one or more of the Select men of the Town, where the same shall be Seized, to and for the use of the poor of such Town: And to apprehend such Indian, and to cause him or her to be conveyed before the next Justice of the Peace, to be Examined where, and of whom they had such Strong Drink.
And every Indian convicted of Drunkenness shall forfeit and pay unto the use of the poor of the Town or place where such offence is committed, the Sum of Five Shillings, Penalty for Indians convicted of drunkenness. or else be openly Whipped by the Constable of such Town or place, or some other that he shall procure▪ not exceeding Ten Lashes, as the Justice of Peace before whom such Conviction is, shall determin.
AN ACT For the Relief of Ideots and Distracted Persons.
BE it Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the Authority of the same,
That when and so often as it shall happen any Person to be naturally wanting of understanding, so as to be uncapable to provide for him or her self; Or by the Providence of God, Select men or overseers of the poor to make necessary Provision for the Relief of Ideots & distracted persons. shall fall into Distraction and become Non compos mentis; and no Relations appear that will undertake the care of providing for them; Or that stand in so near a degree as that by Law they may be compelled thereto: In every such case the Select men or overseers of the poor of the Town or Peculiar where such Person was born, or is by Law an Inhabitant, Be and hereby are Impowred and Enjoyned to take effectual care and make necessary Provision for the Rielef, support, and safety of such Impotent or Distracted Person, at the charge of the Town or place whereto he or She of right belongs; If the party has not Estate of his or her own, the incomes whereof may be sufficient to defray the same: And the Justices of the Peace within the same County, at their General Sessions may Order and dispose the Estate of such Impotent or Distracted Person to the best improvement and advantage towards his or her support; Court of quarter Sessions to order the Estate of such persons for improvement. as also the Person to any proper work or Service he or She may be capable to be imployed in, at the discretion of the Select men or overseers of the poor. And where the Estate of any such Person consists of Houseing or Land, in every such case the Justices of the Superiour Court of Judicature, upon Application to them made, may and hereby are Impowred to Licence and Authorize the Select men or overseers of the Town or place whereto such Person belongs; or such others as the said Justices shall think fit, to make Sale of such Houseing or Land; the produce thereof upon Sale to be secured, improved, The Justices of the Superiour Court to Licence the Sale of Houseing or Land of distracted persons, in case. and imployed to and for the use, relief, and safety of such Impotent or Distracted Person (as the said Justices shall direct) as long as such Person shall live, or until he or She be restored to be of sound mind. And the overplus (if any be) to and for the use of the next and right Heires of such party.
And the like power and Authority is hereby granted unto the Justices of the Superiour Court with reference to any Person or Persons now under Distraction or Non compos mentis, as well for the satisfying of the charges already past, as for what may be future, for the Support, Relief, and safety of any such Person.
AN ACT, To Restrain the Exportation of Raw-Hides & Skins out of the Province of the Massachusetts-Bay, and for the better Preservation & Increase of Deer in the said Province.
WHEREAS the Exportation of Raw-Hides and Skins out of this Province into Holland, and diverse other Places, hath been found to be very much to the Prejudice of this Province.
For Redress whereof. Be it Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the Authority of the same,
That from and after the first day of July now next ensuing, no Person or Persons whatsoever, shall Carry, Convey, or Transport out of this Province, or Ship or Load on board any Vessel whatsoever with intent to Carry, Convey, or Transport out of this Province, the Skins, or Hides, Raw-hides or Skins, about to be transported, to be forfeited. Untanned, or Undressed, of any Ox, Steer, Bull, Cow, Heifer, or Calfe, or of any Buck, Doe, or Fawn, under the Penalty of the forfeiture and loss, of all such Raw-Hides, and Skins, as shall be so Transported, or Loaden with intent to be Transported as aforesaid: the one Moiety thereof to Their Majesties to be imployed towards the support of the Government of this Their Majesties Province, and the other Moiety to him or them that shall Seize, or shall inform and sue for the same, in any Court of Record, within this Province, by Bill, Plaint or Information, wherein no Essoyn, Protection or Wager of Law shall be allowed.
Provided alwayes, And be it Enacted by the Authority aforesaid,
That it shall and may be Lawful for any Person, or Persons whatsoever, Hides or Skins imported, may be exported, Oath being first made. to Ship, Load, or Transport out of this Province any Hides, or Skins, which have been imported into this Province, from any other Province or place whatsoever, upon Oath first made before the Naval Officer that the said Hides, or Skins, were Imported into this Province, from some other Province or Place.
[Page 53] And Whereas the Killing of Deer at unseasonable times of the Year, hath been found very much to the Prejudice of this Province, great numbers thereof having been Hunted and Destroyed in deep Snows when they are very Poor, and bigg with Young, the Flesh and Skins of very little value, and the Increase thereof greatly hindred.
Be it therefore Enacted by the Authority aforesaid,
That if any Person or Persons whatsoever within this Province, from and after the first day of January One thousand Six hundred ninety and four, No Deer to to be killed from the first of January to the first of July. till the first day of July One thousand Six hundred ninety and five, and so from the first day of January to the first day of July following, annually for ever hereafter, shall any wayes whatsoever, Kill any Buck, Doe, or Fawn, such Person or Persons shall forfeit the Sum of Forty Shillings for the first offence, Three Pounds for the second offence, and Five Pounds for the third offence, and so for every offence after; One Moiety thereof unto Their Majesties to be imployed towards the support of the Government of this Their Majesties Province; and the other Moiety to him or them, that shall inform and sue for the same in any Court of Record.
And if any Person or Persons, offending as aforesaid, shall not have wherewithal to pay their Fines, Persons not able to pay the Fine, to be set on work. they shall for the first offence work Twenty dayes, for the second Thirty, and for the third offence Fifty dayes; as shall be directed by the Justices before whom the cause shall be heard and determined; to be imployed for the uses before mentioned.
And if any Venison, Skin or Skins of any Buck, Doe, or Fawn, newly Killed, shall at any time in any of the aforesaid Months wherein they are by this Act, Prohibited to be Killed, be found with or in possession of any Person or Persons whatsoever, such Person or Persons shall be held and accounted in the Law, to be guilty of Killing Deer contrary to the intent of this Act, as fully as if it were proved against such Person or Persons by sufficient witness Viva voce, except such Person or Persons, do bring forth, and make proof, who was the Person, or who were the Persons that Killed the same.
Provided also, and it is hereby Enacted, That any Person or Persons whatsoever, who shall Keep, or Breed, any Deer, Tame, or in any Parke, or Island, it shall and may be lawful for any such Person or Persons, at any time, to Kill any Buck, Doe, or Fawn, so Kept or Bred: And also any Person or Persons whatsoever to the East-ward of Piscataqua River, have free liberty of Hunting as formerly, any thing in this Act to the contrary notwithstanding.
AN ACT, Of Supplement and Addition to several Acts & Laws of this Province.
BE it Enacted by the Governour, Council, and Representatives, in General Court Assembled, and by the Authority of the same, it is Ordained and Enacted, In Addition to the Act Entituled, AN ACT, for the Suppressing of Unlicensed Houses, and the due Regulation of such as are, or shall be Licensed.
THAT all Innholders, Taverners, and common Victuallers, shall at all times be furnished with suitable Provisions and Lodging for the Refreshment and Entertainment of Strangers and Travellers, Innholders &c. to be provided for the Entertainment of Travellers &c. & their horses. Pasturing, Stable Room, Hay and Provender for Horses; on pain of being deprived of their Licence; and no such Licensed Person shall Sell Oates for more than One Penny the quart.
And that no Person who is or shall be Licensed to be an Inholder, Taverner, common Victualler, or Retailer, shall suffer any Apprentice, Servant, or Negro, to sit drinking in his or her House; or to have any manner of drink there, Not to give Entertainment to Servants &c. otherwise than by special Order or Allowance of their respective Masters: On pain of forfeiting the Sum of Ten Shillings for every such offence.
Nor shall any such Licensed Person, suffer any Inhabitant of such Town where he dwells, or coming thither from any other Town, to sit Drinking or Tipling in his or her House, Nor to suffer Inhabitants to sit drinking or Tipling or any of the dependences thereof; or to continue there above the space of one Hour (other than Travellers, Persons upon business, or extraordinary Occasions) On the like Penalty of Ten Shillings for every offence.
And every Person as aforesaid, who contrary to this Act shall continue in any such House Tipling, or drinking or otherwise misordering [Page 55] him or her self or above the space of one Hour (other than as aforesaid) shall forfeit and pay the Sum of Three Shillings and four pence, or be set in the Stocks not exceeding four hours time.
That no Person Licensed as aforesaid, No person licensed may suffer drunkness or Entertain guests on the Lords day. shall suffer any Person to Drink to drunkenness or excess in his or her house; nor shall suffer any Person as his or her guest to be and remain in such house or any the dependances thereof on the Lords day (other than Strangers, Travellers, or such as come thither for necessary Refreshment) on pain of forfeiting the Sum of Five Shillings, for every offence in that kind.
All Fines and Forfeitures arising for any of the offences before mentioned, shall be, Fines &c how to be disposed one Moiety thereof to the use of the poor of the Town where the offence is committed, and the other Moiety to him or them that shall inform and prosecute the same (except where such offences are presented by a Grand Jury, in such case the whole forfeiture to be to the use of the Town) And every Justice of the Peace within his Precincts is hereby Empowred to hear and determin concerning any of the offences aforesaid, and to restrain and commit the offender to Prison, one Justice to hear & determin the offences afore mentioned. until he pay and satisfy the penalty or forfeiture, or otherwise by warrant cause the same to be Levied by distress and Sale of the offenders goods.
And further it is Enacted,
That before any Person shall receive Licence to be an Innholder, common Victualler, Taverner or Retailer, All persons taking Licence to become bound. every such Person shall become bound by Recogniscance to Their Majesties, in the Sum of Ten Pounds, the Principal, and two Sureties in Five Pounds a piece; before one or more of the Justices of the quarter Sessions. On Condition following.
That is to say.
THE Condition of this Recogniscance is such, That whereas the above-bounden A. B. is admitted and allowed by the Justices in quarter Sessions to keep a common Inn, Ale house or Victualling house, Form of the Recogniscance. and to use common Selling of Wine, Beer, Ale, Cyder &c. or to Retail, Wine, and Strong Liquors out of dores, for the space of one whole year next ensuing, and no longer, in the now dwelling house of the said A. B. in [...] commonly known by the Sign of [...] and no other. If therefore the said A. B. during the time aforesaid, shall not permit, suffer or have any Playing at Dice, Cards, Tables, Quoits, Loggets, Bowles, Shuffle-board, Ninepins, Billiards, or any other unlawful Game or Games in his or her House, Yard, Garden, Back-side, or any of the dependances thereof; nor shall suffer to be or remain in his or her house, any Person or Persons not being of his or her ordinary Houshold or Family, on the Lords day or any part thereof contrary to Law; nor shall Sell any Wine, Liquors, or other Strong drink, to any Apprentices, Servants, Indians or Negros; nor shall suffer any Person or Persons to be there Tipling, Drinking, or continue there after Nine of the Clock in [Page 56] the night time, or otherwise contrary to Law: And in his or her said House, shall and do use, maintain and uphold good Order and Rule, and do Endeavour the due Observance of the Laws made for Regulation of such Houses. Then this present Recogniscance to be void, or else to stand and abide in full force and Virtue.
For which Recogniscance, the party to whom such Licence is granted, shall pay Two Shillings, Fe▪ to be divided betwixt the Justice and the Clerk.
AND for the better Inspection of Licensed Houses, and the discovery of such Persons as shall presume to Sell without Licence; Tythingmen their power & duty. The Select men in each Town respectively, shall take due care, That Tythingmen be annually chosen at the general Meeting for choise of Town Officers, as is by Law provided; who shall have power and whose duty it shall be carefully to inspect all Licensed Houses and to Inform of all disorders or misdemeanours, which they shall discover or know to be committed in them or any of them, to a Justice of the Peace or the Sessions of the Peace within the same County; As also such as shall Sell by Retail without Licence, and other disorders or misdemeanours committed in any such House: And in like manner to present or inform of all Idle and disorderly Persons, prophane Cursers or Swearers, Sabbath breakers and the like offenders; to the intent such offences and misdemeanors may be duely punished and discouraged. Every of which Tythingmen shall be sworn before a Justice of the Peace, or at the Sessions of the Peace; to the Faithful discharge of his Office, in manner following.
That is to say.
YOU A. B. being chosen a Tythingman within the Town of C. for one year next ensuing and until another be chosen and Sworn in your stead, Do Swear that you will faithfully Endeavour and intend the duty of your Office, Oath. according to Law. So help you God.
Which Tythingmen shall have a black Staffe of two foot long, Tip't at one end with brass about three Inches, Staffe. as a badge of their Office.
And if any Person being duely chosen to the said Office, shall refuse to take his Oath or Serve therein he shall forfeit and pay the Sum of Forty Shillings to the use of the poor of the Town whereto he belongs, Penalty for not serving. upon conviction of such refusal before the Justice of the Peace or Sessions of the Peace, where he is summoned to be Sworn; Certificate being produced under the hand of the Town Clerk, that such Person was legally chosen to that Office. And the said forfeiture to be levied by distress and Sale of such Persons goods, by Warrant from a Justice of the Peace or Sessions of the Peace respectively, and delivered to the Town Treasurer or overseers of the Poor for the use aforesaid.
[Page 57] And all Tythingmen that shall Inform and Prosecute for the breach of any Penal Act, shall have the benefit of such part of the forfeiture as does by Law accrue to the Informer. Tythingmen allowed the benefit of Informers. And all Persons prosecuted for breach of the Act relating to Excise and Retailers without Licence, the penalty whereof for one offence exceeds not Forty Shillings besides charges, may be convicted by two single Evidences upon Oath though but one to one breach of said Act and both the breaches be within one Month, the Person accused or complained of, not plainly and positively denying the Fact.
And further it is Enacted,
That the Clerk's of the Peace respectively in each County by direction of the Court, shall by Writt of Scire Facias, Clerk of the Peace to put in Suit Recogniscances where default is made put in S [...]i [...] all such Recogniscances as shall be taken in Court, or before any Justice of the Peace for such County, whereof default is made in not performing the Condition of the same, and upon Execution awarded, the Sheriff of the County is to levy the same, and to account for the Monyes or Estate received thereon, as by Law he is Obliged.
And in Addition to the Act Entituled, An Act, For the Punishing of Criminal Offenders.
IT is Declared and Enacted by the Authority aforesaid, That every Justice of the Peace according to the power given him by the said Act for the Enquiry and Removing of Forceible Entryes and detainer; Laws of England to be attended in removing forceable Entry &c. do therein proceed according to the Rules and Methods in such case provided by the Laws of England.
AND for the Preventing of Trespasses by ill disposed Persons, coming upon other mens Lands, and cutting and carrying away the Wood & Timber thereof, to the great hurt and damage of the Owner.
It is Enacted by the Authority aforesaid, Penalty for cutting or carrying of wood or Timber from another persons Land.
That if any Person or Persons hereafter, shall cut or carry off any manner of Wood or Timber from another Person or Persons Land, or the Commons of an other Town then which he doth belong to, without the leave or Licence of the owner or owners of the Land where such [Page 58] Wood or Timber shall be fallen, cut down or carryed off; every Person so offending, shall forfeit the Sum of Twenty Shillings, for every Tree above one Foot over, and Ten Shillings for every Tree under that bigness, to be recovered by due Process of Law: And if any Person shall be convict of such offence the Second time besides the above damage to the party; shall forfeit and pay to the use of the poor of such Town where the offence is committed the Sum of Twenty Shillings, or suffer one Months imprisonment. And every Justice of the Peace within the County, is hereby Impowred to hear and determin all offences against this Act, where the forfeiture does not exceed Forty Shillings.
And be it further Enacted by the Authority aforesaid,
That if any Person or Persons, shall presume either openly or privately to receive or buy of or from any Indian Servant, Penalty for receiving or buying of Negros &c. or Negro, or Molatto Servant or Slave, any Goods, Wares, Merchandizes, or Provisions; and it appear such Goods, Wares, Merchandizes or Provisions to have been Stol'n: Every Person and Persons convicted of receiving or buying such Stol'n Goods, Wares, Merchandizes or Provisions, or any part or parcel thereof, shall restore the same in Specie if not altered, and the value thereof over and above, unto the party injured; Or double the value where the Goods or Provisions so Stol'n are made away. And such Indian, Negro or Molatto Servant or Slave shall be openly Whiped, not exceeding Twenty Lashes.
And in Addition to the Act Entituled, An Act, For Enabling the Treasurer to call in the Arrears of Publick Rates, and discharging of Publick Debts.
IT is further Enacted, That the Select men, Constables and Collectors in the several Towns and Places within this Province, Constables &c. power about the Arrears of Publick Rates. be and hereby are fully Impowred and Authorized to take and use the same Methods and Directions in all Respects, for the Collecting of the Arrears of all former Rates or Assessments, by making of distress or granting a Warrant of Commitment in case no distress can be found; as is provided and directed by the Act Entituled, An Act, For Regulating the former Assessment, and for granting an Additional Supply of Money.
And in Addition to the Act Entituled, An Act, For Regulating of Town-ships; Choice of Town Officers, and Setting forth their Power.
IT is further Enacted by the Authority aforesaid,
That there be annually chosen in each Town at the time, and in the same manner, as other Town Officers; Town Treasurer how to be chosen & his power. a suitable Person for Town Treasurer, who shall have Power to demand and receive all Debts and dues belonging or owing to such Town or the poor thereof; and to Sue for and Recover the same by due Process of Law: And shall pay out such Monies according to Order from the Select men or overseers of the Poor, as they shall receive Instructions from the Town; and such Treasurer shall make a true account to the Town of all his Receipts and payments annually, when required: to be under Oath. Every such Treasurer to be Sworn before a Justice of the Peace to the faithful discharge of his Trust, and shall have such allowance for his Service, as the Town shall agree to.
In Addition to the Act Entituled, An Act, For Establishing of Judica [...]ies and Courts of Justice within this Province.
IT appearing that the time Stated by Law for the holding of the Superiour Court of Judicature, Court of Assize and general Goal delivery, in some Counties doth fall inconvenient in respect of the season of the year, and otherwise.
It is therefore Ordained and Enacted by the Authority aforesaid,
That the Superiour Court of Judicature, Court of Assize and general Goal delivery, for the County of Essex, to be holden at Ipswich, The time for sitting of the Superiour Court &c. at Ipswich, Kettery, Plymouth and Bristol. be hence-forth holden upon the third Tuesday in May annually: And for the County of York, at Kettery upon Thursday in the week immediately preceeding the sitting of said Court at Ipswich: For the Counties of Plymouth, Barnstable and Bristol, to be holden at Plymouth, upo [...] the second Tuesday in March annually, and at Bristol upon the second Tuesday in September annually.
And it is further Enacted,
That the Superiour Court of Judicature, Court of Assize and General Goal delivery, for the County of Middlesex, Superiour Court &c. for Middlesex, to be held at Cambridge be hence forth holden and kept at Cambridge, the Shire Town, upon the last Tuesday in July, and on the last Tuesday in January annually, any Law usage or custom to the contrary notwithstanding.
[Page 60] And for the better Preventing of Fraud in Cord Wood.
It is further Enacted by the Authority aforesaid,
That all Cord Wood brought into any Town and exposed to Sale, shall be four foot long one with another, and when Corded up, Measure of Cord Wood. shall measure Eight foot in length, and four foot in height. And all Fire Wood (except Faggots) brought in Carts, shall be Sold after the same Rate as Wood is Sold for by the Cord in proportion: And if it hold not out such part of a Cord as it is Sold for, it shall be forfeited; one half thereof to the party injured, who shall Inform and Prosecute for the same before a Justice of the Peace within the same County, and the other half to the use of the poor of the Town where it is exposed to Sale.