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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 Thirtieth Day of MAY, 1694. And Continued by Adjournment unto Wednesday the Fifth Day of September following: Being the Second Sessions.

Anno Regni GUILIELMI, et MARIAE, Regis et Reginae, Angliae, Scotiae, Franciae, et Hiberniae, Sexto.

BOSTON. Printed by Bartholomew Green, Printer to His Excellency, the Governour and Council. 1694.

[Page 77]

Anno Regni Regis et Reginae, Gulielmi et Mariae, Sexto. AN ACT, For Encouraging the Prosecution of the Indian Enemy & Rebels; and preserving such as are Friends.

FOR the better securing of the Indians of the several Plantations with­in the Western parts of this Province, who have put themselves under the Rule and Protection of Their Majesties Government, within the same: And for the Preventing of Mischief that might happen to befall any of them by the English in their pursuit of the Common Enemy: As also to the intent that their Majesties Subjects be not put in fear or exposed by any false Indians, pretending to be Friends.

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

That all the Indians of the several Plantations lying to the Westward or right hand of the Common and usual Road or high-way leading from Boston to Rehoboth, Friend Indians Circumscribed within certain Limits. be forthwith removed unto such place or places as the Governour with the advice of the Council shall appoint, to the Eastward of the said Road or high-way; except the Indians belonging to the Plantation of Kekamoochock near Woodstock, who are to be under such Regulations and Circumscribed within such Limits, as the Governour with advice of the Council shall appoint.

And that the Indians within the several Counties of Plymouth, Barn­stable, and Bristol, shall not pass out of the Bounds of the respective Coun­ties, where they reside; but upon special Occasion, and that Certified under the hand of a Justice of the Peace; On pain of Forfeiting three Months Service, to whomsoever shall apprehend and convict any of them of such Transgression, before any of Their Majesties Justices.

And all Indians that from and after the last day of this present Month of September, Boundaries set to the Indians. shall be discovered of found to the Westward of the a­foresaid Road or high-way, or within half a Mile of the Easterly side of the said Road or any part thereof; or without any other of the Limits, and Boundaries that shall be appointed, and set them by the Governour and Council as aforesaid. Shall be deemed and accounted as Enemies. And it shall and may be lawfull to and for any of Their Majesties Sub­jects to treat and prosecute them as such: Unless they be Indians improv­ed in Service by the Governour, with the advice of the Council; and have one or more English-men Conduct and accompany them.

[Page 78] This Act to be made known to the Indians of the several Plantations, by the care of the Select men of the English Towns next Adjacent.

Saving all the Land lying within the County of Hampshire on the West side of Connecticut River, Saving. and Five Miles on the Easterly side of the same; Unless the Governour and Council shall otherwise direct, and set such other boundaries for those parts, as they shall see cause.

And be it further Enacted by the Authority aforesaid,

For Encouragement to such as shall Voluntarily go forth, in greater or lesser Parties, in the discovery and pursuit of the Common Enemy, That they be paid out of the Publick Treasury, Reward for Service done by Voluntiers. for every Indian great or small which they shall kill or take and bring in Prisoner, the Sum of Fifty Pounds Per. Head: And shall likewise have and keep [...] own use, all Plunder by them taken from the Enemy. And if any Person hap­pen to be Wounded in such Service, he shall be cured at the charge of the Publick: and [...] Maimed or otherwise disabled, have such meet Stipend or Pension allowed, as this Court shall Order. And for e­very Indian that shall be Slain in the defence of any House or Gar­rison Attacked, there shall be paid the Sum of Five Pounds Per. Head.

And be it further Enacted by the Authority aforesaid,

Reward for Service done by Souldiers under Pay.That all Souldiers Detached or Impressed, and Listed in Their Ma­jesties Service, shall have and receive, over and above their Stated Pay; the Sum of Ten Pounds Per. Head, for every Indian, as aforesaid; which they or any of them shall kill or take Prisoner; whilst they are abroad upon Service, and bring in. And the Commissionours for the War are hereby Impowred and Ordered, upon the producing and de­livering unto them the Scalp of any Indian killed as aforesaid, or any Indian taken and brought in Prisoner, to grant a Debenture upon the Treasurer, for payment of the Sum herein before mentioned, as a Reward for such Service respectively; which Reward shall be equally Shared and distributed to and among all the Persons of any such party, as are in Company at the killing or taking any Indian as aforesaid; be they in pursuit of the Enemy, or in the defence of any House or Garrison. And the Plunder taken to be alike Shared and distributed.

And further it is Enacted by the Authority aforesaid,

That if any Person or Persons shall produce any Scalp not being an Indians Scalp, or the Scalp of some Indian being not bona fide Slain in Service as aforesaid; with intent to deceive, and obtain the Reward here­in before granted, and be thereof legally Convicted: Every Person and Persons so offending, shall suffer three Months Imprisonment, and also Forfeit double the Sum that should have accrued to him or them by Vertue of this Act for an Indian bona fiede Slain as aforesaid: One Moiety thereof unto Their Majesties, for and towards the support of the Government; and the other Moiety to him or them that shall Inform and Sue for the same, in any Court of Record within this Province.

Provided this Act shall continue in force unto the End of the Session of this Court in May next, and no longer.

[Page 79]

AN ACT, For the giving Succours and Assistance to the Neighbouring Provinces and Colonies, against Their Majesties Enemies.

FORASMUCH as during the time of War, there may be Occasion for the Raising and Sending of Souldiers to the Succours and As­sistance of the Neighbouring Provinces and Colonies of New-Hamp­shire, Rhode Island, Kings Province, Connecticut or New-York, for the defence of Their Majesties Subjects and Interests, and the Prosecution of the French or Indian Enemy.

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

That in the Vacancy of the General Assembly, it shall be in the Power of the Governour, by and with the advice and consent of the Council, to transport such part of the Militia of this Province; as they shall find needfull, or oblige them to March into any of the before named Provinces or, Colonies, for the Ends aforesaid, at any time or times as there shall be Occasion, untill the End of the Session of this Court in May next, and at no time afterward, this present Act or any thing therein notwithstanding.

[Page 80]

AN ACT, For Regulation of the late Tax, and for Granting an Additional Supply of Money.

WHEREAS in Prosecution of an Act of this Assembly made at their last Session, begun and held at Boston, the Thirtieth day of May past, Entituled, An Act, For granting unto Their Majesties, A Tax of Twelve Pence a Poll, and One Penny on the Pound for Estates; It appears by the Lists Returned, that the Assessors in several Towns have not rightly understood, or not duely attended the Rules in said Act prescribed; which [...] Occasioned an Inequality and disproportion betwixt Town and Town, and the Sum thereby Raised to fall short of what was expected, and is neces­sary, for a Supply of the Publick Occasions. Therefore to the intent that there may be a Regulation of the said Tax or Assessment to a due Proportion, and [...] further supply of the Treasury.

We the Representatives of Their Majesties Province of the Massachu­setts-Bay in New-England, in General Court Assembled, Do cheerfully Grant unto Their most Excellent Majesties, to the Ends in the before recited Act mentioned, and for the Vigorous Prosecution of the War, An Additional sum of Six Thousand Five Hundred Seventy One Pounds Eight Shillings Four-pence, to make up the Sum of Nine Thousand Five Hun­dred and Fifty Nine Pounds in the whole, upon this and the former Grant: One Thousand Pounds whereof out of the first Collection, to be sequestred and set a part by the Treasurer, towards answering of the Rewards granted by the Act of this Court, as Encouragement to the Prosecution of the Indian Enemy.

And pray that it may be Enacted, and it is accordingly Enacted and Ordained by the Governour, Council, and Repre­sentatives, in General Court Assembled, and by the Authority of the same,

That the said whole Sum of Nine Thousand Five Hundred and Fifty [...] Pounds, be proportioned upon the several Towns and Precincts [...], in manner following.

[...] is to say,

[Page 81]

In the County of Suffolk. l. s. d.
Boston, Sixteen hundred sixty six Pounds thirteen Shillings. 1666 13 00
Roxbury, One hundred sixty one Pounds eighteen Shillings. 161 18 00
Dorchester, Two hundred fifty seven Pounds six Shillings. 257 06 00
Milton, Eighty nine Pounds eight Shillings. 89 08 00
Brantry, One hundred thirty one Pounds thirteen Shillings. 131 13 00
Heymouth, One hundred and twenty Pounds. 120 00 00
Hingham, One hundred and sixty Pounds. 160 00 00
Hu [...]t, Forty three Pounds. 43 00 00
Dedham, One hundred and three Pounds nineteen Shillings. 103 19 00
Medfield, Seventy two Pounds five Shillings. 72 05 00
Wrentham, Twenty nine Pounds. 29 00 00
Mend [...]n, Twenty nine Pounds ten Shillings. 29 10 00
Oxford, Eight Pounds six Shillings. 08 06 00

In the County of Essex.      
Salem, Three hundred sixty two Pounds fourteen Shillings. 362 14 00
Ipswich, Four hundred sixty six Pounds eight Shillings. 466 08 00
Newbury, Three hundred twenty one Pounds sixteen Shillings. 321 16 00
Rowley, One hundred and nine Pounds fourteen Shillings. 109 14 00
Salisbury, Sixty Pounds. 60 00 00
Almsbury, Thirty Pounds. 30 00 00
Haverhill, Eighty six Pounds four Shillings. 86 04 00
Andover, Ninety six Pounds nine Shillings. 96 09 00
Bradford, Thirty six Pounds three Shillings. 36 03 00
Boxford, Forty seven Pounds two Shillings. 47 02 00
Topsfield, Eighty Pounds fifteen Shillings. 80 15 00
Marblehead, One hundred eighty three Pounds ten Shillings. 183 10 00
Lynn, One hundred eighty two Pounds thirteen Shillings, 182 13 00
Wenham, Ninety one Pounds eleven Shillings. 91 11 00
Beverly, One hundred thirty eight Pounds fifteen Shillings. 138 15 00
Glocester, Seventy five Pounds five Shillings. 75 05 00
Manchester, Twenty one Pounds five Shillings. 21 05 00

In the County of Middlesex.      
Charlestown, Three hundred and four Pounds three Shillings. 304 03 00
Waterown, Two hundred thirty three Pounds fifteen Shillings. 233 15 00
Cambridge, One hundred and eighty Pounds three Shillings. 180 03 00
Concord, One hundred and thirty Pounds thirteen Shillings. 130 13 00
Woburn, One hundred seventy six Pounds five Shillings. 176 05 00
Marlborow, Eighty Pounds two Shillings. 80 02 00
Groton, Fifty Pounds. 50 00 00
Reading, One hundred and one Pounds seventeen Shillings. 101 17 00
Chelmsford, One hundred and ten Pounds five Shillings. 110 05 00
Malden, One hundred Pounds two Shillings. 100 02 00
Medford, Thirty three Pounds seven Shillings. 33 07 00
Bilierica, Sixty six Pounds two Shillings. 66 02 00
Lancaster, Thirty Pounds fifteen Shillings. 30 15 00
Stow, Nineteen Pounds ten Shillings. 19 10 00
Newtown, Ninety Pounds seven Shillings. 90 07 00
Sherbourn, Fifty four Pounds seventeen Shillings. 54 17 00

In the County of Hampshire.      
Springfield, One hundred & nineteen Pounds seventeen Shillings. 119 17 00
Northampton, One hundred & fifteen Pounds thirteen Shillings. 115 13 00
Hadley, Seventy Pounds three Shillings. 70 03 00
Hatfield, Sixty three Pounds nine Shillings. 63 09 00
Southfield, Twenty four Pounds three Shillings. 24 03 00
Westfield, Thirty nine Pounds fourteen Shillings. 39 14 00
Enfield, Six Pounds thirteen Shillings. 06 13 00

In the County of Plymouth.      
Plymouth, One hundred and six Pounds eleven Shillings. 106 11 00
Situate, One hundred sixty seven Pounds eleven Shillings. 167 11 00
Duxburo, Sixty Six Pounds. 66 00 00
Marshfield, Eighty three Pounds fifteen Shillings. 83 15 00
Bridgwater, Seventy Pounds. 70 00 00
Middleboro, Thirty one Pounds thirteen Shillings. 31 13 00

In the County of Barnstable.      
Barnstable, One hundred thirty two Pounds. 132 00 00
Yarmouth, Ninety Pounds. 90 00 00
Eastham, One hundred and twelve Pounds. 112 00 0 [...]
Sandwich, One hundred and ten Pounds thirteen Shillings. 110 13 00
Falmouth, Twenty two Pounds eight Shillings. 22 08 0 [...]
Manamoit, Twenty three Pounds twelve Shillings. 23 12 0 [...]
Rochester, Eighteen Pounds one Shilling. 18 01 0 [...]

In the County of Bristol.      
Bristol, Seventy six Pounds. 76 00 0 [...]
Taunton, One hundred thirty one Pounds sixteen Shillings. 131 16 0 [...]
Dartmouth, Ninety eight Pounds three Shillings. 98 03 0 [...]
Freetown, Twenty one Pounds one Shilling. 21 01 0 [...]
Rehoboth, One hund [...]d and twenty Pounds. 120 00 0 [...]
Swansey, Eighty four Pounds fifteen Shillings. 84 15 0 [...]
Little Compton, Fifty one Pounds two Shillings. 51 02 0 [...]
Tiverton, Twenty five Pounds eleven Shillings. 25 11 0 [...]

In the County of York.      
York, Twelve Pounds. 12 00 0
Wells, Twelve Pounds. 12 00 0
Kittery, Twenty eight Pounds. 28 00 0
Isles of Sholes, Twelve Pounds. 12 00 0
Nantucket, Ninety Pounds. 90 00 0
Edgar Town, Forty four Pounds two Shillings. 44 02 00 on Martha Vineyard.
Tisbury, Thirty one Pounds three Shillings. 31 03 00 on Martha Vineyard.
Chilmark, Thirty one Pounds three Shillings. 31 03 00 on Martha Vineyard.

[Page 83]And be it further Enacted by the Authority aforesaid,

That the Treasurer do forthwith send his Warrants unto the Assessors of each Town and Precinct aforesaid, The Treasurer forthwith to send his war­rants to the assessors: that were lately chosen by virtue of the before recited Act, requiring them to Assess the before mentioned Sum set and proportioned upon such Town or Precinct respectively (Sub­ducting therefrom the Sum Total of their List already returned unto the Treasurer) upon the Polls and Estate lying within such Town or Precinct, in manner following, That is to say, Two Shillings on each Poll, qualified as in the said forerecited Act is expressed; And the remaining part upon such Ratable Estate, as in the said Act is particularized and set down, according to the several Rates therein mentioned, so often multiplied as to Compleat their whole Sum proportioned unto them: All Goods, Rule of the Assessment. Wares and Merchandizes Imported, to be Assessed at One Penny on the Pound towards this Additional Grant, any thing in the said Act for Excepting the same notwithstanding.

And where the Assessors in any Town or Precinct have not already made and returned the List of their Assessment unto the Treasurer, Lists of As­sessment to be transmitted unto the Trea­surer at or be­fore the last of October. they are forthwith to attend the same according to the directions in the Trea­surers Warrant formerly sent unto them for the first part of their pro­portion, and the directions in this present Act for the Remainder. And the Lists of this whole Assessment so made and perfected as aforesaid, are to be transmitted by the Assessors in each Town and Precinct, and de­livered unto the Treasurer at or before the last day of October next ensu­ing: And the Treasurer is hereby Ordered to 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 pay in the same unto himself, his Successor or Order, at or before the last day of January thence next following, Constables & Collectors to issue their Ac­compts at or be [...]ore the last of January. by which time they are to make up and issue their Accompts of the whole; And for such Towns and Places as have not yet made any return, to pay in one third part of their respective proportion, at or before the first day of November, the time set by the former Act, and the full remainder at or before the said last day of January next. And if the Assessors in any Town or Precinct shall neglect or fail of performing their duty or Trust herein committed unto them, Penalty for Assessors neglect. by not making or not returning of their Lists within the time before prefixed, being thereof convicted before the Court of General Sessions of the Peace within the same County, upon Complaint made by the Treasurer or any on his behalf, they shall forfeit and pay unto Their Majesties, for the ends and uses for which this Tax is grant­ed, the full Sum proportioned to such Town or Precinct, to be levied by distress and Sale of such defective Assessors Goods or Estate. And all Assessors shall be paid by the Treasurer of their respective Towns, Two Shillings and Six pence Per. diem, Each, for every days time, they spend in said Service.

[Page 84] And be it further Enacted by the Authority aforesaid,

That the Treasurer, the Assessors, Constables and Collectors in the seve­ral Towns and Precincts, Penalty for default in Constables or Collectors. be and hereby are respectively Authorized and Im­powred to take, use, and Exercise the same Methods, directions and powers contained in the several Sections and Paragraphs in the said Act, Entitu­led, An Act; For granting unto Their Majesties a Tax of Twelve Pence a Poll, and One Penny on the Pound for Estates, for the Collecting and gathering of the Additional Sum herein granted; and shall lye under the same Obli­gation to duty, and suffer the like Penalties in case of default, as is thereto respectively annexed.

AN ACT, For Granting a Township in the County of Barnstable, to be called Harwich.

WHEREAS [...]ere are a Competent number of Inhabitants al­ready sett [...]d upon that Tract of Land commonly called and known by [...]he name of Satucket within the County of Barnstable, containing a Sufficient quantity of Land and lying convenient for a T [...]ship: Therefore for Encouragement of the said Settlement.

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

That all the said Lands lying betwixt the bounds of the Town of Yarm [...]uth upon the West, and the Town of Estham on the East, running from the head of Bound-brook, to the head of Namskeket, about Ten Miles in Length, and about Seven Miles in Breadth, extending from Sea to Sea; [...]e and henceforth shall be a Township, the Town to be called Ha [...]ich, and shall have and enjoy all such Immuni­ties, Priviledges and Powers, as generally other Towns within this Pro­vince have and do by Law enjoy. Provided, it doth not Intrench upon former Grants referring to Townships.

And that for all Arrear's of Publick Taxes, and for the late Tax and Addition thereto now granted by this Court, the Inhabitants of said Place do remain and continue under the same Regulations, Di­rections, and Officers as before the making of this Act.

[Page 85]

AN ACT, To Restrain the Exportation of Pitch, Tar, Rozin, Plank and Ship-Timber.

WHEREAS His Majesty has Signified His Pleasure, That a Tryal be made of the Stores Raysed within these Parts of His Dominions, for the furnishing of His Royal Navy; To the intent therefore, That Satisfaction be given unto His Majesty herein.

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 October next, no Per­sons whomsoever, shall carry convey or transport by Land or Water, or lade and put on board any Ship or other Vessel whatsoever, or into any Cart or other Carriage, with intent to carry convey or trans­port, any Pitch, Tar, Rozin▪ Plank or Ship-Timber out of this Province▪ other than by special Licence of the Governour and Council, or for the necessary Stores of Merchants Ships of Vessels; On pain of forfeiting all such Pitch, Tar, Rozin, Plank and Ship Timber, and the Ship or Vessel with all the Tackling, Apparrel, Furniture and Appurtinances to her be­longing, in which any Pitch, Tar, Rozin, Plank or Ship-Timber shall be so laden and put on board for transportation; the one Moiety thereof unto Their Majesties for and towards the support of the Government of the Province; and the other Moiety to him or them who shall inform and sue for the same, in any Court of Record within this Province, by Bill, Plaint or Information. And all Officers imployed in and about the Impost, are hereby Ordered and Authorized to take care that this Act be duely observed.

Provided, That this Act shall continue in Force unto the end of the Session of this Court in May next, and no longer.

FINIS.

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