AN ACT, For the Reviving and continuing of the Duties upon Goods, Impost, Excise and Tunnage of Shipping, and the Acts for granting of the same.

B e it Enacted by His Excellency the Governour Council, and Representatives, Convened in General Court, and it is Ordeined and Enacted by the Authority of the same,

That the several Rates, Duties, Impost, Excise and Tunnage of Shipping mentioned to be granted unto Their Majesties in and by one Act made and passed, at the Session of the Great and General Court be­gun and held at Boston, the Eight day of June, in the Fourth Year of the Reign of Their present Majesties KING WILLIAM and QUEEN MARY, Entituled An Act, For Impost, Excise and Tunnage of Shiping, Be and hereby are continued and further granted unto Their said Majesties, to the ends and intents in the said Act mentioned from and after the Twenty ninth day of June, Reviving and Continuation of the Duties upon Goods, Impost, Excise & Tun­nage of Ship­ping unto the 29 th. day of June 1695. &c in this present year, One Thousand Six hundred ninety four, unto the Twenty-ninth day of June, in the year, One Thousand Six hundred ninety five, and no longer. And the before recited Act, for Impost, Excise and Tunnage of Shipping, and all and every the Branches, clauses, powers and parts thereof (other than such as in and by this present Act shall be repealed, altered, or in any other manner provided or directed) As also one other Act, Entituled, An Additional Act, for Impost and Excise, made and passed in the Fourth Year of Their said Majesties Reign. And one other Act, Entituled, An Act, for [Page 62] the better Collecting the Impost and Excise and preventing Frauds, made and passed in the Fifth Year of Their said Majesties Reign, and every the Branches, Articles and Powers therein contained, be and are hereby Revived and continued to abide and remain in full force and virtue, from and after the said Twenty-ninth day of June, One Thousand Six hundred ninety four, unto the aforesaid Twenty-ninth day of June, One Thousand Six hundred ninety five, and not afterwards, any thing herein contained to the contrary notwithstanding.

Provided nevertheless, That the Clause or Branch in the first recited Act, Repeal of the Governour and Councils power to appoint Com­missioners and the Allowance to such Com­missioners. for Impost, Excise and Tunnage of Shipping, relating to the Gover­nour and Council, their nominating and appointing Commissioners, to transact and manage the same, and the allowance thereby granted to the Commissioners, shall and from and after the said Twenty-ninth day of June, in this present year, One Thousand Six hundred ninty four, be and hereby is repealed and discontinued.

And be it further Enacted by the Authority aforesaid,

That there he one fit Person and no more nominated and appointed by this Court as a Commissioner and Collector to have the general In­spection, care, and management of the said Office of Impost Excise and Tunnage of Shipping, To General Court to nomi­nate & appoint one Commissioner & no more. and whatsoever relates thereunto, who shall receive Commission for the same from the Governour for the time be­ing, with power to nominate appoint and imploy such and so many Officers under him, as the said Commissioner with the advice of the Treasurer for the time being of this Their Majesties Province, shall think necessary for the well ordering and managing of the Affayres relating to said Office and the better to prevent Frauds; And to grant them warrants for Executing of the same; The Commissio­ner with advice of the Treasurer to appoint under Officers and grant them warrants. which Commissioner and all other under Officers before their entring upon the Execution of their respective Offices, shall take the Oaths appointed to be taking instead of the Oaths of Supremacy and Allegiance, and repeat and subscribe the Declaration before the Governour or Lieutenant Governour, or two members of the Council: As also shall be Sworn to deal truely and faithfully in the Execution of their respective Offices. And the said Commissioner shall have and receive for his Service, Labour, Care and Expences in this affayre, Commissioners allowanc. the Sum of the Hundred and Thirty Pounds, and no more: All other Officers to be paid for their Service as the Commissioner with the Treasurer shall agree upon reasonable Terms. The said Commissioner to keep fair Books of all entryes and duties arising by virtue of this Act; which Books shall lye open at all seasonable times, Commissioner to account with the Treasurer. to the view and perusal of the Treasurer; and the said Commissioner shall also account with the Treasurer upon Oath for all Collections and Payments at the end of every three Months, the said Oath to be Administred before the Go­vernour and Council, and pay in all such Monies, as shall be in his hands, as the Treasurer shall demand it.

[Page 63] And for and towards the Reimbursing of the Charge of building and setting forth of the Province Galley, and towards the defraying of the charge of maintaining her abroad, to Cruise on this Coast, for the securing of Trade and Navigation, and to no other end.

It is further Enacted by the Authority aforesaid,

(Oyer and above the Tunnage or Powder duty mentioned in the before recited Act Entituled, An Act, For Impost, Excise and Tunnage of Shipping, to be paid for all Ships or other Vessels arriving within this Province, whereof the Major part of the Owners do not belong to the Province) That from and after the said Twenty-ninth day of June in this present year, One Thousand Six hundred ninety four, until the Twenty-ninth day of June, Duty upon Ships &c of Six pence per Tun, One thousand Six hundred ninety five, and no longer nor at any time afterwards; there shall be paid by the Master or Owners respectively of all Merchant Ships or other Vessels whatsoever (Ex­cept Boats imployed for the fetching of Wood, Timber, Stones, or Fish to be made use of and spent in the place only) that shall Saile from any Port, Haven, River or Creek within this Province, the Sum of Six Pence Per. Tun, for every Tun such Ship or other Vessel doth measure according to her dimentions of length, breadth and depth within board (the length to be reckoned from the inside of the Post, Computation of Tunnage unto the first rising of the Stem, computing after the usual manner of multiplying and dividing the product by one hundred) for every time and so often as such Ship or Venel shall go forth; which payment is to be made unto the Com­missioner for the time being for managing of the Impost Office, his De­puty or Deputies, to be paid be­fore Clearing. who on receipt thereof shall give a Certificate that the said duty is paid, and such Certificate to be produced and delivered unto the Naval Officer before he grant any Cleering for such Ship or other Vessel.

Provided nevertheless, That no Coasting Vessels within this Pro­vince, or Vessels arriving from the Province of New-Hampshire, the Colonies of Connecticut or Rhode Island, the Province of New-York, or East or West Jearsy, shall be obliged to pay the said Sum of Six pence Per. Tun more than twice in the said year.

And for the better ascertaining of the Tunnage of any Ship or other Vessel liable to the duty aforesaid, Masters or Owners to ren­der an accompt under bind of their Vessels dimentions be­fore they begin to lade. every Master or Owner of such Ship or Vessel before any lading be taken on board her shall give an accompt under his hand of her dimentions as aforesaid, to the said Commissioner his Deputy or Deputies; and if such Officer does appre­hend and suspect that the accompt given is short of the true dimen­tions, the said Officer repairing unto one of the next Justices of the Peace, such Justice shall and hereby is impowred to grant his War­rant to some able Ship Carpenter, requiring him to repair on board such Ship or other Vessel, and to measure the same in manner as is before expressed, A Justice to Impower a measurer. and to make his report thereof unto the Commissio­ner for the Impost Office his Deputy or Deputies; and such Justice [Page 64] is further Impowred to Administer an Oath unto the measurer to deal truely and faithfully therein, for which Warrant and Oath Administred there shall be paid unto the Justice two Shillings, Fee for the Warrant to a measurer and his Oath. and the measurer for his Service shall have and receive the Sum of Five Shillings, all which charge (where the Master or Owner is found to have given a short ac­compt of the dimentions) shall be paid by the Master or Owner before such Ship or Vessel be cleared; if otherwise by the Officer for managing of the Impost Office, who is allowed to bring such charge to accompt of the Publick. And for Vessels not obliged by Law to clear at the Naval Office, and all others for which clearings may be taken out there before the time of this Act taking place, that shall then be in Port: Officers Power to Sue in Case In case of neglect or refusal of the Master or Owner of any such Vessel to pay the aforesaid duty of Tunage, the Commissioner for managing the Impost Office his Deputy or Deputies may recover the same by Action or Information before any Justice of the Peace within the County, so that the Sum sued for exceed not Forty Shillings, if it be above Forty Shilling, before the In­feriour Court of Pleas.

And further it is Enacted by the Authority aforesaid,

That the Fifteen hundred Pounds in Endorst Bills of Publick Credit lately Ordered by an Act of this Court to be Emitted for a present supply of the Treasury, shall from and after the Twenty-ninth day of June in this present year, One Thousand Six hundred ninety four, be accepted and received in all Publick payments, as well for Impost, Excise and Tunnage of Shipping, as for any Province Tax or Assess­ment, at the just Sum therein mentioned and no more: And Seven hundred Pounds more of said Bills over and above the Five hundred Pounds formerly applyed, A further grant of 700 Pound for setting forth the Galley. are hereby granted for the Equipping and seting forth of the said Province Galley built for the securing of Navi­gation: And the Treasurer is hereby Ordered to take care to call in the said Bills that shall be in the hands of particular Persons and to pay them the full Sum thereof in Money out of the first Monies coming into the Treasury from and after the aforesaid Twenty-ninth day of June, One Thousand Six hundred ninety four, for Impost, Excise Tunnage of Shipping or Taxes.

AN ACT, For granting unto Their Majesties a Tax of Twelve Pence a Poll, and One Penny on the Pound for Estates.

WEE Their Majesties Loyal and dutiful Subjects the Representatives of Their Province of the Massachusetts-Bay in New-England, Assembled in General Court, do Unanimously grant unto Their most Excellent Maje­sties, for and towards the repair of Their Majesties Castle, upon Castle Island, near Boston, and the support of the Garrison there: For the subsistence and paying of Wages to Seamen and Souldiers, that are and shall be imployed in Their Majesties Service, for the defence of this Their Province: For a Stock to manage the Indian Trade: For payment of Salaries and other grants made and to be made by this Court: For the discharging the Publick Debts now due from this Province, and for answering of other Contingent Charges of this Government, and to no other ends and intents; A Rate or Tax of Twelve Pence on the Poll, and One Penny on the Pound, upon all Estate herein after mentioned, to be Assessed on the Freeholders, Inhabitants, and other Their Majesties Subjects Resident within this Province, according to the Rules hereafter set down, and pray that it may be Enacted.

And it is Enacted by the Governour, Council and Representatives in General Court Assembled, and by the Authority of the same,

That the Treasurer do forthwith send his Warrants to the Select men or Trustees of each Town or Precinct requiring them to cause the Inhabitants of such Town or Precinct who are by Law qualified to Vote in Town Affaires, Treasurer to send forth war­rants for choice of Assessors to Assemble and meet together sometime in July next, who being so Assembled are required to choose Three, Five or Seven able and discreet men of good Conversation being Freeholders and Inhabitants within such Town or Precinct, to be As­sessors, and no Person shall be capable to serve in said betrustment, Qualifications of Assessors. in any Town or Precinct under Forty Families, unless reputed worth Fifty Pounds Estate, no▪ in any other Towns, unless of One hundred Pounds Estate, nor in Boston under Three hundred Pounds Estate: And if any Person be chosen to said place, Penalty for not serving. and refuse to attend said Service (which he shall forthwith declare whether he accept or no) he shall pay as a fine Five Pounds, if in Boston, Charlstown, Salem, Ipswich or New­bury, and in any other Town Forty Shillings; and the said Town or [Page 66] Precinct shall choose others, untill some do accept; which fines shall be to the use of the Poor of said Town or Precinct, to be reco­vered by the Town Treasurer, before the Inferiour Court of Pleas, or a Justice of the Peace within the same County respectively; and if any Town or Precinct shall neglect to chuse such Assessors Fourteen dayes after Receipt of the Treasurers Warrant, they shall forfeit and pay the Sum of Twenty Pounds to Their Majesties, [...] for and towards the support of the Government of the Province, to be recovered of the Select men, Trustees or Town Treasurer, by Action, Bill, Plaint or Information at the Inferiour Court of Pleas within the same County, and such Select men, Trustees or Town Treasurer shall be reimbursed the Sum of said [...] with charges, to be Assessed and Proportioned upon the Inhabitants of such Town or Precinct as by Law is directed for other Town Rates. And upon Information to the Justices of the County (in which such Town or Precinct lyes) of such neglect, Two Justices to appoint As­sessors in case. the said Justices or any two of them ( Quorum unus) shall have Power to ap­point three or more Assessors for said Town, and Administer the Oath for the due Execution of their Office, who shall be also obliged to attend the said Service, being so appointed, under the penalty in this Act provided.

And be it further Enacted,

That every Person chosen to be an Assessor in any Town or Pre­cinct and accepting said Office, shall take the Oath following.

That is so say.

Y OU A. B. being chosen on Assessor for the Town of C, for this pre­sent year, Oath of As­sessor do Swear, that is the discharge of said Trust, you will deal Im­partially and equally therein, recording to the Rules and directions set down on this Act, after the best of your discretion and judgment, So help you Bob.

Be it further Enacted,

That in any Town or Precinct, where there is no Justice of Peace, the Town Clerk is hereby allowed and Impowred to Administer said Oath to the Assessors, of such Town or Precinct.

And every such Assessor attending that Service, shall be paid by the Town Treasurer, Two Shillings and Six pence Per day, their allowance for each day he spends in said Service.

And be it further Enacted by the Authority aforesaid,

That the said Assessors at or before the Sixteenth day of August next ensuing shall make a true List of all Male Persons in their respective Towns and Precincts, from Eighteen years old and upwards (Except Elders of Churches, Assessors work. setleds Ministers and others devoted to the Ministry, the Praesident, Fellows and Students of Harvard Colledge, Grammer School-Masters, and such who through Age, Infirmity or extream Poverty in the discretion of the Assessors are rendred uncable to contribute towards the Publick charge) And a true Estimation of all Estates both Real and Per­sonal, being or reputed to be the Estate of all and every the Persons of the same Town or Precinct, or otherwise under their custody or Manage­ment, [Page 67] according to the Valuations hereafter mentioned. That is to say, All Male Persons of the Age above said (Except as is before Excepted) and all Negro's, Molatto's and Indian Servants as well Male as Female of Sixteen years old and upwards, Twelve Pence Per. Poll. at the Rate of Twelve Pence Per. Poll; All Real Estates, as Houses, Ware-houses, Mills, Cranes, Wharffes, Tan yards, Arable, Pasture, and Meadow ground, and all other Lands inclosed or under improvement, other than such as lye common to the use of the Inhabitants in general, Horses &c. at one Penny on the Pound for Fourteen years income, Lands for Twenty years income. that the owners have not particular benefit by, at the Rate of One Penny on the Pound for the value thereof; which value is to be computed and reckoned according as they are or may be let for in the places where they lye. Viz. Houses, Ware­houses, Tan yards, Mills, Cranes and Wharffes, at Fourteen years Rent or income without any allowance or subduction for Repairs; All Lands at Twenty years Rent or Income. The Fermer or Occupier of any Houses or Lands being Assessed for the same in his Occupation, to be reimbursed the one half of what he shall so pay towards the said As­sessment by the Land lord or Lessor, The Fermer to be allowed one half of the As­sessment. where there is no particular Contract to the contrary, and shall be allowed to discount the same out of his Rent, producing a Certificate from the Assessors, Collector or Constable what the whole amounts unto.

All Goods, Wares, Merchandizes (Except such as have or shall have paid Impost, lying in the Importers hand undisposed of) Trading Stock, Goods &c. to be Assessed by the Rule of com­mon Estimation. Money at Interest; in whose hands soever it be, and all Boats and small Vessels not liable to the duty of Tunage; every of the Par­ticulars aforesaid, at one Penny on the Pound by the Rule of com­mon Estimation, at the discretion of the Assessors; endeavouring the best Information they may (where no particular Invoyce of the Species and worth is presented to them) Every handicraft man at one Pen­ny on the Pound for his Income at the discretion of the Assessors.

Each Ox and Horse Beast exceeding four years of Age, at Forty Shillings: Each Cow exceeding three years at Thirty Shillings; Rate of Cattle; All Sheep above one year old at Four Pound Per. Score; All Swine above one year old at Six Pounds Per. Score; to be Assessed at one Penny on the Pound after the said Estimation.

Provided nevertheless, That no Estate belonging to any Minister in the Town where he lives, being in his own actual improvement; Ministers E­states exempted or belonging to the Widow of any Minister deceased, in the Town where she lives, and under her own improvement, shall be Rated unto the said Tax.

Provided also, That all such Town's and Places, Allowance for­merly ordered to Towns. as by the Vote of this Court at their Sessions in May or November the last year, were judged to have been Assessed over and above their due proportion to the last Tax, shall have the allowance and abatement then Ordered them respectively, out of the next Tax or Assessment that should be granted; which is this present Tax. Assessors to call in a parti­cular List of each persons Ratable Estate.

Be it further Enacted by the Authority aforesaid,

That the Assessors in each Town and Precinct, be and are hereby are Impowred and Required to call for a particular List of each Persons [Page 68] Ratable Estate within the same, and of those dwelling next them not belonging to any Town-Ship, by posting up the notification of the time of their meeting, ten dayes at the least before hand in some Pub­lick Places of the Town: Penalty for not giving in a List And if any person shall neglect to give in a List of his Ratable Estate aforesaid, every such Person shall be rated at the discretion of the Assessors; And if any Person shall give in a false List of the same, For giving in a False Last. he shall be alike Assessed at discretion, and pay Five Shillings Fine, one Moiety thereof to the use of the poor of the Town or Pre­cinct, and the other Moiety to him or them that shall Inform and pro­secute the same before any Justice of the Peace within the same County; and be further Assessed to the said Tax four times so much in value as the Estate left out should have been Rated.

And if any Person having given in a true List of his Ratable Estate complain to the Assessors and make it appear that he is over Rated, so much shall be abated him by them, Persons over­rated to be a­bated upon ma­king Oath &c. he making Oath to his List; and in case they refuse to abate him, he shall be heard and relieved by the Quarter Sessions shewing just cause for the same. And the Assessors in each Town and Place are hereby required to finish and perfect the Assessment of their several Towns or Precincts and to transmit and safely deliver the same unto the Treasurer, together with the names of each Collector or Constable in the said Town or Precinct, The Tax to be made & trans­mitted to the Treasurer by the first Wednes­day in September and the respective Sums to them committed to gather, at or before the first Wednesday in September next. And the Treasurer upon Receipt thereof, shall issue out his Warrants directed to the Constables or Collectors of the several Towns and Precincts, requiring them forthwith to Collect and gather the said Assessments and to pay in the same unto the Treasurer or his order at or before the first day of November next ensuing, to be paid in & accounts issued by the first of November. by which time they are to make up and issue their accounts of the whole with the Treasurer; which aforesaid Warrants being sent to the Sheriffs of the respective Counties, they are required immediatley to disperse and safely transmit them to the Constables or Collectors of the several Towns and Precincts, according to the direction thereon.

And it is further Enacted,

That the Select men in each Town be and hereby are Impowred (if they think fit) to nominate and appoint one or more able and sufficient Persons within the bounds and Limits of such Town to be Collectors of the Money due to Their Majesties by this Act, Select mens power to appoint Collectors for whose paying in the same to the Treasury, the Town by whom they are so im­ployed shall be answerable for their proportion thereof.

And if any Constable or Collector shall be remiss and negligent of his duty, Penalty on de­fective Collect­ors or Constables by not levying or paying into the Treasury such Sum and Sums of Money as from time to time he shall have received and as ought by him to have been paid within the time set and limited by the Warrant or Estreat to him committed pursuant to this Act, and is not paid by reason of his failing of doing his duty according to the di­rections and Command therein; the Treasurer is hereby Impowred af­ter the Expiration of the time so set, by Warrant under his hand and Seal directed unto the Sheriff his Deputy, or Deputies, to cause all such Sum [Page 69] and Sums of Money to be levyed by distress and Sale of such defective Constables or Collectors Goods and Chattels, and if none such, or not suf­ficient can be found, then upon his Lands or Tenements, returning the [...] (if any be) And for want of such distress to commit the offender to the common God of the County, there to remain until full payment be made.

Be it further Enacted,

That if any Person or Persons shall refuse or neglect to pay the several Sum or Sums whereat he shall be set to this present Assessment, Constables or Collectors Power to dis­trein and is to pay towards the same, upon demand made by the Constable or Collector of the Town Place or Precinct where such person hath his dwelling or Residence, according to the Precept or Estreat to him deli­vered; It shall and may be Lawful to and for such Constable or Col­lector who is hereby thereunto Authorized and required for non pay­ment to distrein the Person or Persons so refusing of neglecting by his or there Goods or Chattels, and the distress or distresses so taken to keep by the space of four dayes at the cost and charges of the Owner thereof; and if the said Owner do not pay the Sum and Sums of Money so Assessed upon him within the said four dayes, then the said distress or distresses to be apprized by two or three of the Inhabitants where the same is taken, and to be Sold by the said Officer for payment of the said Money, and the overplus coming by the said Sale (if any be) over and above the charges of taking and keeping the said distress or distresses, to be immediatly restored to the Owner. And if any Person or Persons Assessed as aforesaid, shall refuse or neglect to pay the Sum or Sums so Assessed, by the space of Twenty dayes after demand thereof where no sufficient distress can or may be found whereby the same may be levied, in every such case two or more of the Assessors in each Town or Precinct, are hereby Authorized by Warrant under their hands and Seals, to commit such Person or Persons to the common Goal of the County, there to be kept without Baile or Mainprize until payment shall be made of the Sum or Sums so Assessed, with the incident charges.

And it is further Enacted,

That where any Person or Persons shall remove from the Town or place were he or they lived or had their Residence at the time of making the List of said Tax or Assessment, To distress per­sons removing. not having first paid the re­spective Sums or proportion set upon him or them thereby: It shall and may be Lawful to and for the Constable or Collector to whom the said Tax or Assessment is committed with Warrant to collect the same, and they are hereby Authorized and Impowred to demand the Sum or Sums Assessed upon such Person or Persons, in what Town or Place soever he or they may be found within this Province, and upon refusal or neglect to pay the same, to distrein the said Person or Persons by his or their Goods and Chattels as aforesaid, and for want of such distress to commit the par­ty to the common Goal, there to remain as aforesaid, until payment he made of the Sum or Sums so set upon him with all charges arising by rea­son of such commitment.

[Page 70] And further it is Enacted by the Authority aforesaid,

That the Treasurer do pursue the calling in the Arrears of all former Publick Rates or Assessments by all such wayes and methods as the Laws in that case made and provided do direct, Treasurer to pursue the ga­thering in of Mercers. having respect to the allow­ances made by this Court upon the Report of their Committee formerly appointed, as well to Towns, Constables or particular Persons, and where any allowance is made to any Constable or particular Person and judged by this Court to be the Town's due to make good, the Treasurer is here­by Impowred and Ordered to issue forth his Warrants to the Assessors to be appointed for such Town to Assess and proportion the Sum thereof upon their Inhabitants: As also the Assessors of such Towns upon which any Additional Sum was formerly set and not hitherto Assessed, forthwith to Assess the same, requiring them to return the Lists thereof unto him­self together with the List of this present Tax, and the Treasurer shall therewith make out his Warrants for the speedy Collecting and paying in the same into the Treasury.

An Addition to the Act Entituled, AN ACT, For the setting forth of General Priviledges.

Be it Enacted by the Governour, Council and Representa­tives, in General Court Assembled, and by the Authority of the same,

That the House of Representatives of the People of this Province being a part of the Great and General Court or Assembly, have by Their Majesties most Gracious Charter, undoubted right to all the Liberties and Priviledges of an English Assembly, and to have and use Freedom of debate and suffrages in all matters proper to them as such; and the choice and appointment of all Civil Officers not particularly directed to and Enumerated in the Charter, doth of right belong to the Great and General Court or Assembly: And that when and so often as any motion is made to the house of Representatives, for the granting of any Money to be levyed of the People of this Province, the said House of Representatives ought particularly to be advised what uses and improve­ment such Money is to be raised for.

And further be it Enacted,

That the Appointment and Establishment of all Salaries of any Officers within this Province, be and hereby is declared to belong to the said General Court or Assembly; and that no publick Money be or ought to be disposed of by His Excellency the Governour and Council, but [Page 71] for the uses and intents of and according to the Acts by which the said Money is raised: Orders for pay­ment of Moneys to express the Act by which the same was raised & the particular Ser­viced designed for. And that no Money may or ought to be drawn or paid out of the Publick Treasury of this Province, but by Warrant or Order of the Governour with the advice and consent of the Coun­cil for the time being, expressing particularly the Act by which the said Money was raised, and for what particular Service the same is designed, and to be applyed pursuant to the said Act or Acts (other than Con­tingent charges for the support of the Government of this Province for the time being)

AN ACT, For Ascertaining the Fees of the Messenger attending the House of Representatives.

B e it Enacted and Ordained by the Excellency the Governour, Council and Representatives in General Court Assembled, and it is Enacted by the Authority of the same,

That there shall be paid to the Messenger attending upon the House of Representatives for the time being, Messengers Fee 3 Shillings Per. Diem. out of the Publick Revenue of this Their Majesties Province, the Sum of 'three Shillings Per. diem for every day that the said Messenger shall attend upon, or be imploy­ed in the Service of the said House of Representatives: 3 Shillings for Service of a Warrant of Arrest. And further that the said Messenger shall and may demand, recover and receive, of all and every Person Arrested, Imprisoned or taken into Custody by Warrant from the House of Representatives, three Shillings for the Service of such Warrant of Arrest, Traviling Fees 3 Pence Per. [...] out. with travelling Fees after the Rate of three Pence Per. Mile out, and also three Shillings Per. Diem for safe keeping and providing for such Person so apprehended and taken into Custody; 3 Shillings Per. Diem for each Person in Custo­dy &c. and three Shillings more upon the dismission or release of the party, any Law Custom or usage to the contrary notwith­standing, except it be a member of the House that is so sent for, and then the Fees to be paid, shall be less, as the House shall appoint.

And it is hereby further Declared, That the Travailing Fees mentioned in the Act for Regulating Fees, Sheriffs &c travaling Fees, onely 3 Pence Per. Mile out. allowed to Sheriffs, Marshals, or Constables for the Service of Writts, is to be alike understood of three Pence Per. Mile from home, and no more.

AN ACT, Against Adultery and Polygamie.

W HEREAS the Violation of the Marriage Covenant is highly Pro­voking to GOD, and destructive to Families.

Be it Therefore Enacted by the Governour, Council, and Re­presentatives in General Court Assembled, and by the Autho­rity of the same,

That if any man be found in Bed with another man's Wife, the man and Woman so Offending being thereof convicted, shall be severely Whip'd, not exceeding Thirty Stripes, unless it appear upon Tryal that one party was Surprized and did not consent; which shall abate the Punishment as to, such party.

And if any man shall commit Adultery, Punishment for Adulterers. the man and Woman that shall be Convicted of such Crime before Their Majesties Justices of Assize and general Goal delivery, shall be set upon the Gallows by the space of an Hour, with a Rope about their Neck, and the other end cast over the Gallows: And in the way from thence to the com­mon Goal, shall be Severely Whip'd, not exceeding Forty Stripes each: Also every Person and Persons so Offending, shall for ever after wear a Capital A of two Inches long and proportionable bigness, cut out in Cloath of a contrary Colour to their Cloaths, and Sewed upon their upper Garments, on the out side of their Arm, or on their Back, in open view. And if any Person or Persons, having been Convicted and Sentenced for such Offence, shall at any time be found without their Letter so worn, during their abode in this Province; they shall by Warrant from a Justice of Peace, be forthwith apprehended and ordered to be Publickly Whip'd, not exceeding Fifteen Stripes; and so from time to time toties quoties.

And be it further Enacted by the Authority aforesaid,

That if any Person and Persons within this Their Majesties Pro­vince, being Married, or which hereafter shall Marry, do at any time after the first of July in this present year, Polygamie to be Punished as Felony. One thousand Six hundred ninety four, presume to Marry any Person or Persons, the former Hus­band or Wife being alive, or shall continue to live so Married; That then every such Offence shall be Felony, and the Person and Persons so offending shall suffer Death as in cases of Felony. And the par­ty and partios so offending shall receive such and the like Proceeding, Tryal and Execution in such County, where such Person or Persons [Page 73] shall be apprehended, as if the Offence had been Committed in such County where such Person or Persons shall be taken or apprehended.

Provided always, Saving for Per­sons where Hus­band or wife shall be absent Seven years &c That this Act or any thing therein contained shall not extend to any Person or Persons whose Husband or Wife shall be continually remaining beyond the Seas, by the space of Seven years together; or whose Husband or Wife shall absent him or her self the one from the other by the space of Seven years together in any part within Their Majesties Dominions, or else where, the one of them not knowing the other to be living within that time.

Provided also that this Act or any thing therein contained shall not Extend to any Person or Persons, Saving for Per­sons divorced, or Married within the Age of Consent. that are or shall be at the time of such Marriage, Divorced, by any Sentence had, or hereafter to be had, as the Law of the Province in that case has provided: Or to any Person or Persons, where the former Marriage has been or hereafter shall be, by such Sentence had, declared to be void and of no Effect. Nor to any Person or Persons, for or by reason of any former Mar­riage had or made; or hereafter to be had or made within the Age of Consent, That is to say, the Man Fourteen years of Age, the Woman Twelve.

AN ACT For Regulating of Trade with the Indians.

W HEREAS the Indians within the Eastern Parts of this Province under the Obedience of the Crown of England have dependance upon the English for supplies of Clothing and other necessaries, as formerly they have been accustomed; which that they may not want, and to the intent that the Christian Re­ligion be not Scandalized nor any Injustice done to the Indians by Extortion in the taking of Unreasonable and Excessive Prices for the Goods and Sup­plyes Sold unto them.

Be it Enacted by the Governour, Council, and Representatives in General Court Assembled, and by the Authority of the same,

That all Trade with the said Eastern Indians be managed and carryed on at the charge of and with the Publick Stock in Their Majesties Treasury within this Province, Indian Trades to be managed by the Treasurer &c. with the Publick Stock and for the benefit and advantage of the same, by Suitable Truck Masters, such as the Treasurer of this Their Majesties Province and the Commissioner for the Impost Office [Page 74] for the time being shall appoint and agree with under a certain Sa­lary, and to be no otherwise concerned or interested; who shall be Sworn to the faithful management of the said Trade according to such Instructions as shall be given them by the said Treasurer and Commissioner in that behalf; by direction and approbation of the Governour and Council, and to render and deliver a just and true Account of the same, with all the proceeds and profits arising thereby from time to time unto the Treasurer; the said Accompts to be ex­hibited and laid before this Court for their perusal when required. The Stock to be advanced for beginning of said Trade, not to exceed the Sum or Value of Five hundred Pounds; which may be continued and made good out of the returns and proceeds thereof: No Trading al­lowed within any Fort or Ga­rison. And the profits arising thereby to be imployed for and towards the support of the Government of this Province. No Trading to be allowed within any of Their Majesties Forts or Garrisons, but near to the same and under Command thereof; nor shall any Officer or private Souldier imployed in Their Majesties Service be imployed in the management of said Trade. Nor shall any Powder, Ammunition & Liquors forbid­en in any Quan­tity &c. Shot, Lead, or any kind of Ammunition (more than may be necessary for their hunting) nor any Quantity of Strong Liquors of any sort, where with they may be made Drunk or exposed to Quarrelings and Fightings, be Traded with or delivered to any Indian or Indians or any others for them.

And be it further Enacted by the Authority aforesaid,

That no Person or Persons whatsoever other than those to be im­ployed as aforesaid, Penalty for per­sons Trading, other than such as shall be ap­pointed. shall or may presume by themselves or any other for them directly or indirectly to Truck, Barter, Buy, Sell, deal or Trade with any Indian or Indians, within any of the Eastern Parts of this Province, under the penalty of Fifty Pounds over and above the Forfeiture of all such Goods of any sort or kind, and the Vessel and Vessels, as any Person or Persons shall have been or are found Trading in or with, or the value thereof; one Moiety of all such pe­nalties and Forfeitures to be unto Their Majesties for and towards the support of the Government of this Province, and the other Moiety to him or them that shall inform and Sue for the same in any of Their Majesties Courts within this Province, that shall have proper Cogni­scance thereof.

Provided, That this Act shall continue in force during one whole year from the Publication thereof, and until the next Sitting of the Great and General Court and no longer, any thing therein contained notwithstanding.

AN ACT, For better Enabling the Treasurer to answer present demands.

W HEREAS this Court have provided to Raise Monies for supplying the Publick Occasions of this Their Majesties Pro­vince and Government, and paying of the just Debts Owing from the same, by reviving and continuing of the Duties upon Goods, Impost, Excise and Tunnage of Shipping, and further granting of the same for one year yet to come: And by granting of a Tax of Twelve Pence a Poll and one Penny on the Pound for all Estates: But forasmuch as the same cannot be Collected and drawn into the Treasury timely enough to answer the demands there. Wherefore upon the Fund and Credit of the said Duties upon Goods, Impost, Excise and Tunnage of Shipping, and the said Tax or Assessment; As also upon the Arrears of all Taxes formerly granted and not yet paid in. And to the ends and uses in the said several Acts mentioned for granting of the said Monies.

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 the Treasurer for the time being, do Issue forth and pay out of the Treasury in the Bills of Publick Credit of the late Colony of the Massa­chusetts to such Value as shall be needful, not exceeding the Sum of Five thousand Pounds (including the Sum of Fifteen hundred Pounds formerly Ordered by this Court) said Bills to be Endorst by the Treasurer in manner as is directed by the Act, Entituled, An Act, For a present supply of the Treasury, made and passed at the Sessions of the Great and General Court begun and held at Boston the Eighth day of November, in the Fifth year of the Reign of Their present Majesties; to be paid out according to the Or­ders of the Governour and Council at the Sum in each Bill respectively set down and no more, and shall be Received by the Treasurer and all Sub­ordinate Receivers whomsoever, in all Publick payments whatsoever (Except for such and so much Money as is or shall be Owing for Impost and Excise, at or before the Twenty-ninth day of this present Month of June) at the same Value, with the advance of one Shilling more on the Pound, any Law Custom or usage to the contrary notwithstanding.

And all Persons having any of the said Bills in their possession not being Endorst in manner as before directed, shall return the same unto the Trea­surer to be Endorst or Exchanged for such, within the space of three Months next after Publication of this present Act, on pain of loosing the same, which are hereby declared to be of no Value or worth after the Expi­tation of the said three Months.

AN ACT For Granting a Township in the County of Bristol, to be Called Tiverton.

W HEREAS there is a certain Tract or Tracts of Land called by the Indians Pocasset and Puncateese, Scituate lying and being between the Bounds of Little Compton, and Freetown, within the County of Bristol, bordering upon the Sea, or Salt Water towards the West, extending along the Shore between the Towns aforesaid, about Twelve Miles Northerly and Southerly, and from the Salt Water towards the East into the Country about four Miles till it meet with Dartmouth line; which Land belongs to sundry Persons the Proprietors thereof, and was put un­der the Constablewrick of Little Compton aforesaid, who upon their Petition to this Court are reduced to their former State. Now forasmuch as there are already a Competed member of Inhabitants, and a good quantity of Land Conve­nient for a Township.

Be it therefore Enacted by the Governour, Council, and Re­presentatives, in General Court Assembled, and by the Autho­rity of the same it is Enacted,

That hence-forth the said Tract or Tracts of Land as now Bounded by the Limits and Bounds of Little Compton, Freetown and Dartmouth afore­said, is and shall be a Township, and called by the name of Tiverton; and shall have and enjoy all such Immunities, Priviledges, and Powers as ge­nerally other Towns within this Province have and do enjoy: And Joseph Palmer the late Constable is hereby Required forthwith to warn the Inhabitants of the said Town to meet together to choose Se­lect men, Constables and other Town Officers, to carry on and manage their Prudential Affaires in an orderly way as the Law directs, until the next annual day of Election for Town Officers: and the said Inhabitants are enjoyned accordingly to Assemble and attend the work.

And it is further Declared, That the Constable or Constables of said Tiverton, shall Collect all such Arrears of Publick Rates, as were Assessed and Proportioned upon the Inhabitants of said Town by the Select men of Little Compton, whilest they were annexed to that Town according to the Lists then made, which the said Select men are to furnish them with; and the Treasurer is Ordered to Issue out his Warrant to the Constable or Constables of said Trverton, for Collecting the same accordingly.