WHEREAS by reason of Sickness and other more weighty Occasions of the Province intervening; the Superiour Court of Judicature, Court of Assize and General Goal delivery, could not be held and kept, at the time prefixed by Law for the Sitting of the same at Salem within the County of Essex upon the Second Tuesday in November, in the Year of Our Lord, One Thousand Six Hundred Ninety and Four: For which if due Provision be not made, great delay of Justice, and Consequently great Expences to the Suitors in the said Court will ensue. Therefore for the Continuing and Reviving all manner of Actions or Pleas lately depending, and all manner of Process that were Returnable or depending in the said Court, and which were discontinued and put without day by the not holding the said Court.

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

That all Plea's, Writts, Actions, Suit's, Plaints, Process, Precepts or other things whatsoever, that were Returnable or had day or dayes in the said Superiour Court of Judicature, or Assize and Ge­neral Goal delivery, to have been holden and kept as aforesaid, shall stand continued and be revived, and are hereby continued and adjourned unto, and shall and may be pleaded, heard and proceed­ed upon at the next Superiour Court of Judicature, Court of Assize [Page 98] and General Goal delivery within the said County of Essex to sit at Ipswich on the Third Tuesday in MAY next ensuing.

And that all parties that had day by any Pleas, Writts, Bills, Actions, Suits, Plaints, Process, Precepts or other thing or things whatsoever at or Sin the said Court to have been kept at Salem as aforesaid, shall respectively appear at the said next Court to be holden at Ipswich, under the Penalty of Forfeiting any Obli [...]ations or Recogni­zances conditio [...]ed for th [...] appearance of the said parties at the aforesaid Court in Salem, o [...] un [...]er any other penalty that might have incurred upon [...] said par [...]es, [...]or not appearing at the said Court in Salem, if the same had been there holden and kept.

Provided nevertheless and it is not to be understood by any thing herein con [...]ned, That the Jurors chosen and Summoned to serve at the said Court at Salem are obliged to appear and serve at the said Court to sit at Ipswich; but that new Jurors shall be chosen to serve at said Court [...] of course.

Provided also that where it happens any Person or Persons being Principals that were under Bond Obligation or Recogni [...]ance for appear­ance at the said Court to have been holden at Salem, are since that re­moved and gone beyond Sea or out of this Province, and shall not be returned before the Sitting of the next Court to be held at Ipswich: It shall be in the Power of the Court Sitting at Ipswich, upon motion made on that behalf, and they are accordingly to allow a Continu­ance of any such Bond, Obligation, or Recogniscance to such further time as shall be thought necessary, that no Person concerned may be Surprized or have advantage unreasonably taken against them.

And be it further Enacted by the Authority aforesaid,

That when and so often as it shall happen the Superiour Court of Judicature, Power for Adiourning of Courts. Court of Assize and General Goal delivery, or the Inferiour Court of Pleas, in any of the respective Counties within this Province can­not be held and kept on the day by Law prefixed for holding of the same, by reason of Death or Sickness befalling any of the Justices of such Court or any Providential necessary and unavoidable let or hinderance of their attendance: It shall and may be Lawfull to and for any two of the Justices of such Court respectively by Writt under their hands and Seals directed unto the Sheriff of the County, therein inserting the Oc­casion thereof, to adjourn the said Court unto a further day, as in the said Writ shall be Expressed, at as little distance of time as possibly may be from the day whereon by Law the Court should have sat, that so Justice be not deferred or delayed: And the Sheriff upon receipt of said Writ, shall cause Publication to be made of the same at the usual Place of the said Courts Sitting and some other of the most Publick Places within the same County, and also to cause a Signification of such Adjournment, and the time unto which it is made to be Posted up at or near the house or place where the said Court uses to sit and other Publick Places as aforesaid; to the intent that unnessary Travail, Charge and attendance of all Persons concerned may be prevented; and the Sheriff is to return [Page 99] such Writ with his doings thereon into the Clerks Office of such Court: And all Pleas, Writs, Actions, Suits, Plaints, Process, Pre­ [...]ts, Recognisances and other thing and things whatsoever returna­ble or having day or dayes in said Court, shall stand abide and continue unto the said Adjournment, and be held deemed and ad­judged to be as good, effectual, and available in Law to all intents constructions and purposes, as if such Court had been held and kept on the day by Law for holding of the same, and no Adjournment thereof had been made.

WHEREAS divers Persons that obtain Licence for the Re­tailing of Wine and Strong Liquors cut of Doors onely, and not to be spent or drank in their Houses, do not­withstanding take upon them to give Entertainment to Persons to Sit Drinking and T [...]pling there; and others who have no Licence at all, are yet so hardy as to run upon the Law, in adventuring to Sell without; Tending to the great increase of Drunkenness and other Debaucheries: Such Houses not falling under the inspection of Officers; as those that are Licensed.

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

That from and after the Publication hereof, every Person and Persons now Licensed, or that shall hereafter obtain Licence to Re­tail Wine and Strong Liquors to be spent out of Doors, Retailers to Sell no other Sorts of Drink than what they are Li­censed to nor to suffer per­sons to drink in their Houses &c. and not otherwise, who shall be Convicted of Entertaining or Suffering any Person or Persons to Sit Drinking or Tipling in their Houses, Cellars, Backsides, or within any of the dependences of such Houses; or of Selling any other sort of Drink than what they have Licence for, shall incur and suffer the like Penalties and Forfeitures as may by Law be inflicted upon Persons Selling without Licence: to be recovered and imployed in manner as by said Law is directed.

[Page 100] And all Officers as well Grand-Jurors, Constables, Tything men, as the Officers imployed in and about the Collecting of the Excise, are hereby Authorized and Required diligently to see that this Act be duely observed; Officers to inspect Pub­lick Houses & to present such as Sell without. and to present and inform of all breaches of the same, either at the Court of General Sessions of the Peace, or to some Justice of the Peace; who are hereby respectively impowred to hear and determine the said Offence according to Law: As also alike to present or inform of any that shall presume to Sell any sort of Strong Drink without Licence. And it shall and may be Lawfull to and for any of the aforesaid Officers respectively ex Officio to enter into and inspect the House of any Person having once been Convicted of Selling without Licence, as they may by Law into Licensed Houses. And if any of the before mentioned Officers shall be Convicted of taking or receiving any Bribe, Penalty for Receiving a­ny Bribe, &c Fee or Reward directly or indirectly to connive at, conceal, or not to present or inform against any Person or Persons being Licensed to Retail for spending out of Doors only, that shall suffer Persons to Drink or Tipple in their Houses or any of the dependences thereof; or for any others who shall presume to Sell without Licence; every Officer so offending, shall forfeit and pay three times the Value of all and every such Sum and Sums by him received as a Bribe, Fee or re­ward; 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 of Their Majesties Courts of Record. And if such Officer be one that be imployed about the Excise, over and above the forfeiture aforesaid, he shall ipso facto be discharged of and from his said Office, and be rendred uncapable to be imployed in any Publick Service as an Officer, by the space of three years next following.

And be it further Enacted by the Authority aforesaid,

That if any Person Licensed as a Taverner, Innholder or Retailer of Wine and Strong Liquors out of Doors, Licence to be Forfeited upon a third Conviction. shall transgress this Act or any other Law of the Province made for the Regulation of such Houses, in any of the particulars therein mentioned, and shall be more than twice convicted of such breach of Law within the compass of one year: Every Person so Offending, over and above the penalty in the Law for such transgression, shall forfeit his or her Licence, not to be renewed again by the space of three years next following.

And if any Person or Persons duely convicted of the breach of Law in any of the particulars herein before mentioned, Persons un­able or neg­lecting to pay their Fine how to be Punished. or for Selling without Licence, shall be unable, or neglect to pay and satisfy the Fine imposed by Law for such transgression: It shall and may be Law­full to and for the Court or Justice before whom the Conviction [Page 101] is to Order such Person or Persons either to stand Committed to the Goal of the County by the space of Twenty dayes without Bail or Mainorize, or to be set in the Cage, or Stocks, to re­main there, not exceeding the space of three hours.

And it is further Enacted by the Authority aforesaid,

That the Select men in each Town shall cause to be Posted up in all Publick Houses within such Town, Select men to cause reputed Drunkards &c. to be Posted up. a List of the Names of all Persons reputed Drunkards or Common Tiplers, mispending their Time and Estate in such Houses: And every keeper of such House after notice given him as aforesaid, that shall be Convicted before one or more Justices of the Peace of Entertaining or Suffering any of the Persons named in such List, to Drink or Tipple in his or her House or any of the dependences thereof, Penalty on the keepers of Publick Houses giving them Enter­tain [...]t. shall forfeit and pay the Sum of Twenty Shillings; one Moiety thereof to him or them who shall inform of the same, and the other Moiety to and for the use of the Poor of the Town where such Offence shall be Committed.

WHEREAS Complaint has been made by sundry Inhabitants of this Province that they have Susteined great damage by their Sons and Servants deserting their Service with­out Consent of their Parents or Masters, being Encouraged to enter themselves on board of Private men of War, or Merchants Ships, and there Entertained.

For Redress whereof,

[Page 102] Be it Enacted by the Lieutenant Governour, Council, and Representatives in General Court Assembled, and by the Au­thority of the same,

That no Commander of any Private man of War, or Master of any Merchant Ship or Vessel coming into, Penalty on Commanders or Masters of Ships &c for Entertaining mens Sons or Servants without leave tarrying or abiding in, or going forth of any Port, Harbour or Place within this Province, shall Receive, Harbour, Entertain, Conceal or Secure on board such Ship or other Vessel, or suffer to be there harboured or detained any mans Son being under Age, or Apprentice, or Covenant Servant, (knowing him to be such, or after notice thereof given) without Licence and consent of his Parent or Master in Writing under his hand first had and obtained; on pain of forfeiting the Sum of Five Pounds Per. Week, and so proportionably for a longer or shorter time that any Son, Apprentice or Servant, shall be held, harboured, concealed or detained on board any such Ship or other Vessel as aforesaid, without Licence and consent as aforesaid; the one Moiety thereof unto Their Majesties to be imployed towards the support of the Government of the Province, and the other Moiety unto the Parent or Master of such Son, Apprentice or Servant that shall inform and Sue for the same in any of Their Majesties Courts of Record within this Province, by Bill, Plaint, or Information, wherein no Essoign, Protection or Wager of Law shall be allowed.

And be it further Enacted by the Authority aforesaid,

That every Apprentice or Covenant Servant who shall unlaw­fully absent himself from his Master, and enter himself on board any Ship or Vessel as aforesaid, Penalty on Servants de­serting their Masters Ser­vice. with intent to leave his Masters Service; or continue there more than the space of Twenty-four hours, and be thereof convicted before Their Majesties Justices in General Sessions of the Peace within the same County, shall forfeit unto his Master such further Service from and after the Expiration of the Term which his said Master had in him at the time of his departure, as the said Court shall Order, not exceeding one year.

TO the Intent that due Inquiry and Presentment may be made unto the Court of Quarter Sessions of the Peace within the respective Counties, of all Misdemeanours, Offences, and breaches of Law proper to the Cogniscance of said Court, hapning within such County. For the Suppressing and Punishing of the same; And that Jurors may duely attend the Service for which they are chosen.

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

That the Clerk of the Peace of each several County shall annually, Fifteen dayes at lest before the day for holding of the Court of Quarter Sessions of the Peace for such County, i [...]sue out Writts directed unto the Consta­bles of the respective Towns within the same; Requiring them or one of them forthwith to warn a Meeting of the Inhabitants duly Qualified by Law, for the choosing of one or more Grand Jurors, Grand Jurors to Serve a full year. according to the number such Town has been accustomed to send, or otherwise shall be appointed for them by the Justices of the said Court, and the Person or Persons so chosen, to warn to appear at the next Court, and the follow­ing Courts of Quarter Sessions successively to be holden for the same County within the space of one year, and there to attend the Service belonging to them; and to make return of the said Writt with his do­ings thereon accordingly unto the said Clerks Office, before the open­ing of said Court: And if any Constable shall faile of performing his duty by said Writt required, or seasonably to return the same, he shall forfeit and pay the Sum of Forty Shillings; and the Persons chosen and returned as aforesaid appearing shall be Impaneled and Sworn a Grand Inquest for the body of such County, and shall continue in said Office for the space of one full year, Their duty. and untill others be chosen and Sworn in their stead, whose duty it shall be to Inquire and duly present the breach of all such good and whole-some Laws as are or shall be Established within this Province, and all such misdemeanours as are proper to their Inquiry and the Jurisdiction of said Court.

[Page 104] And if any Person chosen to said Office and Summoned by the Constable and so returned by him, shall make default in appearance without reasonable Excuse made and allowed of by the Court, Forty Shillings Fine for [...] appearance. the said Court shall and may set a Fine upon him, not exceeding the Sum of Forty Shillings. And a new Writt shall issue forth unto the Town to choose another in his room, and so likewise in case of the removal of any by Death or otherwise.

And be it further Enacted by the Authority aforesaid,

That if any Person or Persons legally chosen and Summoned to Serve upon the Petit Jury for Tryals in the Superiour Court of Judi­cature, Petit Jurors making default to be fined not exceeding 20 s. Court of Assize and General Goal delivery, or in any of the Inferiour Courts of Common Pleas, or of General Sessions of the Peace; being so returned by the Constable under his hand, shall make default of appearance, and not attend the said Service, without reasonable Excuse made and allowed of by such Court; every Person and Persons so offending shall be Fined by said Court (who are hereby impowred thereto) not exceeding the Sum of Twenty Shillings.

All Fines and Forfeitures accruing by Virtue of this Act shall be paid into the Treasurer of the County, Fines & For­feitures to come to the County. where the same do arise, and be imployed towards defraying of the Publick charge of such County.

And in case any Person or Persons Sentenced to pay any of the said Fines or Forfeitures shall neglect or refuse so to do, the same shall be levied by distress and Sale of the Offenders Goods or Chattels by Warrant from the Court that awarded the same, how to be levied. to be Signed by the Clerk of said Court; together with the incident charges arising for taking such distress according to the Fees by Law allowed for levying of Execu­tions, and two Shillings for the Warrant to be paid unto the Clerk that granted the same.

And all Grand Jurors shall be allowed by the County Treasurer the Sum of Two Shillings Per diem, each man, during their attendance on any Court; the time to be Certified unto the County Treasurer by the Clerks of the respective Courts. Grand Jurors allowance. And no Grand Juror shall be com­pelled to Serve more than one year in three: Nor any Petit Juror more than at one Court within the compass of a year.

FORASMUCH as since the begining of this present War very Con­siderable Sums of Money have been Expended in the defence and for Preservation of the out Towns and Frontiers of this Province, and in Regard it would greatly Prejudice Their Majesties Interests, and give Encouragement to the Enemy, if any of those Posts should be quitted, or be Exposed by lessening the Strength thereof.

For Prevention whereof.

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

That no Town or Plantation lying Frontier to the Enemy by Land, of which these hereafter named are to be accounted such, That is to say, Wells, Yorke, Kittery, A [...]msbury, Havarhill, Dunstable, Chelmsford, Groton, Lancaster, Marlborough, and Deerfield, shall be broken up, or Voluntarily deserted, without Application first made by the Inhabitants, and allow­ance had, and obtained from the Governour and Council for their drawing off, if it appear to them that it may be of Publick advan­tage, or that the Place is not Tenable: Nor shall any Inhabitant of any such Frontier Town or Plantation having an Estate of Free-hold in Lands, or Tenements within the same, Penalty [...] Free holders being Inhabitants in [...] Frontier that [...]all desert. at the time of Publishing this Act, remove from thence, with intent to Sojourn or Inhabit else where, without special Licence first had and obtained as aforesaid; on Pain of Fofeiting all his Estate in Lands and Tenements lying within the Bounds or Precincts of such Town or Plantation, unto Their Ma­jesties, to be disposed by Grant of the General Assembly, and the pro­duce thereof to be Imployed towards the defence of such Town or Plantation, and support of the Garrisons within the same, and not otherwise.

And the Select men or Chief Military Officer or Officers of such Town or Place, are hereby Enjoyned and Ordered to give notice by Certificate in writing under their hands into the Clerks Office of the Superiour Court of Judicature, of the Removal of any such Person or Persons as aforesaid▪ Select men [...] Military Officers to Cer­tify the same▪ And the Clerk on Receipt thereof, shall issue out a Scire Facias, Requiring the Person or Persons so removing to appear at the next Superiour Court of Judicature, to sit within the same County, or otherwise at Boston, which shall first happen; to shew cause if [Page 106] any there be, why Judgment should not be Entred for the Forfeiture, as by this Act is before directed: And in case any Person being Lawfully Summoned, and Oath thereof made by the Officer, shall make default of appearance by himself or Attourny, or not produce a Licence from the Governour and Council for his removal, Judgment shall be entred against him accordingly.

And be it further Enacted by the Authority aforesaid,

That every Person able and fit for Service who at the beginning of this War or at any time since, that was an Inhabitant in any Frontier Town or Plantation, not yet deserted, and has an Estate of Free hold in Lands or Tenements within the same, Penalty on Per­sons fit for Service that have removed if they return not. &c. and is removed into any other Town or Place in the parts of New-England, shall at or before the first day of July next ensuing, return to such Town or Place from whence he removed, and continue his abode there during the present War, on Pain of Loosing and Forfeiting all his Estate and rights in such Town or Place, to be recovered, disposed and Imployed in manner as aforesaid; Unless such Person shall at or be­fore the said first day of July next ensuing, at his own cost and charge procure and maintain an able sufficient Person, to the accept­ance of the Commission Military Officers, to sojourn and abide in such Town or Plantation in his room, and to perform all duty there with other the Inhabitants, for the defence of the same; Or make reasonable Excuse to the acceptance of the Governour and Council, why he hath not so done.

And be it further Enacted by the Authority aforesaid,

That no Male Person of Sixteen years of Age or upwards, being an Inhabitant of or belonging to any of the said Frontier Towns or Plantations, and not having any Lands or Tenements in such Town or Plantation, Penalty on Persons other than Free-holders that shall remove. shall presume to remove from the same, to sojourn or remain else where, during the present War, without special Licence first had and obtained from the Governour and Council, on Pain of Forfeiting unto Their Majesties the Sum of Ten Pounds, upon Conviction of such removal, before the Justices at the General Sessions of the Peace in the County where such Town or Plantation lyes, to be imployed towards the charge of Prosecuting the War. And the Select men or Chief Military Officers of any Town or Plantation from which any such Person shall remove without Licence as afore­said, are hereby Ordered and Enjoyned to send a Certificate in Writing under their hands of the removal of such Person and time when, unto some of the next Justices of the Peace, or to any other of Their Majesties Justices, where they shall be Informed such Person may be found: And every Justice of the Peace respectively unto whom such Certificate or Complaint shall be brought, is hereby Impowred and Required to grant a Warrent for the apprehending of such Per­son, if he may be found within his Precincts, and conventing of him before himself, or some other of Their Majesties Justices, who shall require sufficient Security for such Persons appearance, to answer [Page 107] for the same, at the next General Sessions of the Peace to be holden for the same County, from whence he did so remove, and transmit the Recogniscance so taken, unto the said Court; and in case the party can find no such Security, Justice his power to com­mit to Prison where Security is not given. then to cause him to be conveyed at his own charge from Constable to Constable, and carryed before one of Their Majesties Justices within the County from whence he came; who is Impowred to commit such Offender unto the Common Goal of the County, unless he can put in Security as aforesaid. And if such Person be Convicted of the said Offence, and Ordered by the Court to pay the Fine or Forfeiture aforesaid, and shall neglect or be unable to pay the same, he shall be Imployed in Their Majesties Service, The offender to answer the Fine by Service, if otherwise unable as the Commander in Chief shall direct, until by his Service as aforesaid, he shall have fully answered and satisfied the said Forfeiture.

Provided this Act and every Clause and Article thereof, shall conti­nue in force unto the end of the Session of the General Assembly to Convene in MAY, One thousand Six hundred Ninety Six (if the present War so long last) and no longer, nor afterwards.

WHEREAS by the Act Entituled, An Act Encouraging the Killing of Wolves, made and passed at the Session of the General Assembly, begun and held at Boston the Thirty first day of MAY, in the Fifth Year of Their present Majesties Reign; there is Provision for payment to be made unto the Person or Persons who shall Kill any grown Wolfe or Wolves whelp, out of the Town Stock, in which such Wolfe is Killed, or of the Town lying next Ad­jacent thereto, and that the said disburst, the same being made to appear, shall be allowed unto such Town, by the General Treasurer of the Province out of the Publick Treasury.

But Forasmuch as there is no particular direction in the said Act how or in what manner such payment out of any Town Stock shall be made appear, so as to justify the Treasurer in allowing of the same; and the better to prevent any fraud therein.

[Page 108] Be it Enacted by the Lieutenant Governour, Council, and Representatives in General Court Assembled, and by the Au­thority of the same,

That every Person or Persons Killing any grown Wolfe or Wolves whelp (other than such as shall be taken out of the Belly of any Bitch Wolfe) within any Town of this Province, Constable and one or more Select men to give Receipt for Wolves Heads. and bringing the head thereof unto the Constable of such Town or of the Town next Adjacent, the Constable in the presence of one or more of the Select men, shall cut both the Ears off the same, and such Select man or men and Constable, shall give the party a Receipt for the said head, expressing whither it be a grown Wolfe or a Whelp; and upon producing such Receipt, the party shall be paid and allowed by the Select men or Treasurer of such Town out of the Town Stock, for the same, as in and by the said Act is directed. And all such Payments so made shall be Certified unto the Treasurer and Receiver General, under the hands of the major part of the Select men in such Town, and Town Treasurer (where any such be) or Town Clerk, in manner following, That is to say,

And be it further Enacted,

That the Treasurer do cause a Competent number of blank Cer­tificates in the Form abovesaid, to be Printed at the Publick charge, and Affix his own Seal thereto, and is hereby Ordered to deliver so many unto the Select men of each Town and Place respectively, or some one of them, as shall be necessary for the use of such Town or Place.

WE the Representatives of Their Majesties Province of the Massachusetts-Bay in New-England, taking into Conside­ration the present distressing Circumstances of the said Pro­vince, and the dayly growing Charge for the Security and defence of Their Majesties Interests and Subjects within the same, besides the other Contingent Charges for the Support of the Government, and other Publick Occasions, and the absolute necessity of granting a Supply for the ends aforesaid, and for Prosecuting of the War against Their Majesties Enemies. Do Grant unto Their most Excellent Majesties, A Rate or Tax of Three Thousand One Hundred Eighty nine Pounds Four Shillings in Money. And Pray that it may be Enacted.

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

That the said Sum of Three Thousand One hundred Eighty nine Pounds Four Shillings, be proportioned unto the several Towns and Precincts within this Province, to be Assessed and Levied in manner as by this Present Act is hereafter directed. That is to say,

And be it further Enacted by the Authority aforesaid,

That the Treasurer do send forth his Warrants directed unto the Select men or Assessors of each Town and Precinct aforesaid, at or before the first day of August next coming, Warrants to be issued by the first of August. requiring them to Assess the afore­mentioned Sum set, and proportioned to such Town or Precinct re­spectively, upon the Polls and Estate within the same, in manner follow­ing, That is to say, All Male Persons Inhabiting or residing within such Town or Precinct, from Sixteen years old and upwards (Except the Praesident, Fellows and Students of Harvard Colledge, Elders of Churches, and such others as are improved in the Work of the Ministry, [...] of Assessing. Grammar Schoolmasters, and those who through Age, Bodily infirmity, or extream Poverty, shall be thought unable to Contribute towards Publick Charges) one Shilling on the Poll, all Negros, Molatto's and Indian Servants, as well Male as Female, after the Rate of one Shil­ling Per Poll; and all Housing and Lands and other Real Estate what­soever, [Page 112] all Goods, Wares and Merchandizes, without Exception, Trading Stock, Neat Cattle, Horses, Sheep, Swine, and all other Personal Estate, particularly Enumerated in an Act made and passed at the first Session of this Court, begun and held the Thirtieth day of MAY, in the Sixth year of Their present Majesties Reign, Entituled, An Act For Granting unto Their Majesties a Tax of Twelve Pence a Poll, and one Penny on the Pound for Estates; and according to the several Rules and Valuations in the said Act expressed and set down, in whose possession or improvment soever any such Estate is or shall be at the time of making this present Assessment, after the Rate of one Penny on the Pound, and after the like Rate for the Income of all Handicrafts men in the discretion of the Assessors; and such Sum of a Penny on the Pound as aforesaid, to be so often multiplied as together with the Polls, shall compleat the whole Sum herein before proportioned to such Town or Precinct: And thereof to make distinct and perfect Lists, Lists to be made and transmitted to the Treasurer by the first of September. therein setting down every particular Persons name and Sum, with a Notification thereon of the name of the several Constables or Collectors of such Town or Precinct, and the Sum which each of them are severally to Collect, and the List so made and perfected to transmit unto the Treasurer, at or before the first day of Septem­ber next.

And the Treasurer upon Receipt of such Returns and Lists of As­sessment is hereby impowred to make and send forth his Warrants, directed unto the Constables or Collectors of the said several Towns and Precincts (together with the said Lists) requiring them respectively, Warrants to be sent forth for Collecting and [...]a [...]ing in the Assessment by the Last of November. to Collect and gather the said Assessments, and to pay in the same unto the Treasurer or his Order at or before the last day of No­vember next ensuing, by which time they are to make up and issue their Accompts of the whole with the Treasurer. Which aforesaid Warrants being sent to the Sheriffs or Marshals of the respective Counties and Places, they are required immediately to disperse and safely to deliver them unto the Constables or Collectors of the several Towns and Precincts, according to the direction thereon.

And be it further Enacted by the Authority aforesaid,

That all the Powers and Authorities given unto the Treasurer. Select men or Assessors, Constables or Collectors, respectively for the enforcing the Collecting and paying in of any former Assessment or Assessments, Powers & Au­thorities grant­ed to the Trea­surer, Select men, Constables &c. as well in and by the before recited Act Entituled, An Act for granting unto Their Majesties a Tax of Twelve Pence a Poll, and One Penny on the Pound for Estates, or any Clause or Ar­ticle therein contained, as in and by any former and other Act of the General Assembly, relating to Publick Assessments; shall be, remain, abide and continue in full force, to be exercised and put forth by the Treasurer, Select men, or Assessors, Constables or Col­lectors respectively, for the making and Collecting of this present Assessment, as if the same were in and by this Act particularly expressed, set forth, and Reenacted.

[Page 113] And be it further Enacted by the Authority aforesaid,

That in all Places lying without the body of any County and so not under the power of a Sheriff, the Tresurer is hereby Autho­rized and impowred to direct his Warrants unto the Marshal of such place or places to distrain upon any defective Constable or Consta­bles, the Arrears of any Publick Assessments committed or that shall hereafter be committed unto them to Collect, for which they have not Accompted, or that hereafter shall not Accompt for, within the time as by Warrant they were or shall be enjoyned. And where any Sheriff or Marshal shall make default in accounting for or returning into the Treasury, the Sum and Sums mentioned in any Warrant or Warrants of Distress by him received or to be received from the Treasurer; Where no Sheriff is, the Marshal to distrain [...] defective Con­stables: the Treasurer is further Authorized and Impowred to make out Warrants directed unto the Coroner of such County where any Sheriff is defective, and to the Constable of the Town in which a defective Marshal lives, The Coroner, on defective Sheriffs &c▪ requiring them respectively to distrain the same, upon the Estate Real or Personal of such defective Sheriff or Marshal, as the Law directs, referring unto defective Constables.

And be it further Enacted by the Authority aforesaid,

That to the ends in this present Act before mentioned, there be further granted unto Their Majesties, the following Additional Rates and Duties of Impost, upon the several sorts of Wines▪ and Strong Liquors, Goods, Wares and Merchandizes, Additional duties of Impost and Tunage. that shall be imported into this Province, and Tonage of Shiping, to be and continue in force from and after the Publication of this Act, unto the Twenty-ninth day of JUNE next ensuing, and no longer. That is to say, For every Pipe of common Fyal, Passada, Madera, Canary, Malaga or Port Wine, over and above the Duties already payable for the same, Ten Shillings Per Pipe, and so proportionably for a greater and lesser quantity. For all Rhum and other Strong Liquors, over and above the Duties already payable for the same, four Pence Per Gallon. For all Goods, Wares and Merchandizes from England, over and above the Duties already payable for the same, Ten Shillings for every Hundred Pound Sterling, Prime cost. For every Hogshead of Sugar, one Shilling: For every Hogshead of Molosses, six pence: For every Hog­shead of Tobacco, two Shillings: For every Tunn of Loggwood, or other dying wood, two Shillings: and so proportionably for a greater or lesser quantity, of each of the said particular Commodities, over and above the Duties already payable for the same.

And for all other Goods, Wares and Merchandizes ( Cotton Wool, Salt, and every Commodity of the growth and production of New-England excepted) over and above the Duties already payable for the same, Ten Shillings for each Hundred Pound in value.

And that for the Additional Duties above mentioned, no Draw-back, be allowed upon Exportation. No Draw back▪ For all Ships and other Vessels [Page 114] that shall Sail from any Port, Haven, River or Creek within this Pro­vince, over and above the Duties already payable for the same, Six pence Per Tun, according to the Computation of Tunage by Law allowed.

And all Officers imployed about the Impost, are to take, use and exercise all the powers and directions, Officers Power. for the Collecting and Re­ceiving of the Additional Duties before mentioned, as by Law they may and ought to do for the other.

And be it further Enacted by the Authority aforesaid,

That for a present supply of the Treasury; the Treasurer be and hereby is impowred to issue forth a certain number of the Bills of Publick Credit, 4000. Pounds in Bills to be Emitted. of the late Colony of the Massachusetts, Endorst by him in manner as is directed by an Act Entituled, An Act for a present Supply of the Treasury, to the value of Four Thousand Pounds, and no more, at the just Sum in each of said Bills set down, to be received back again for all Publick Payments to the Treasury, and in any Office dependant thereon, with the advance of Twelve Pence on the Pound; the Treasurer upon paying out of said Bills to have Credit in his Accompt for the Sum in said Bills, A Fund for the Bills. with the allowance of Five Pounds Per Cent. more, after which Rate they were drawn into the Treasury. And the Monies to be Raised by virtue of this Act is hereby granted as a Fund for the Repayment of the said Credit in Bills.