An Act, For Encouragement of the Prosecution of the Indian Enemy and Rebels.

FOr Encouragement of such as shall voluntarily go forth in greater or lesser Parties by Commission from the Governour and Comman­der in Chief for the time being of this His Majesties Province, in the discovery and pursuit of the Indian Enemy and Rebels.

Be it Enacted by the Lieutenant Go­vernour, Council and Representatives Convened in General Assembly, and by the Authority of the same.

That there shall be paid out of the publick Treasury of this Pro­vince, Fifty Pounds Reward for an Indian Scalp. unto any Party or Parties that shall voluntarily go forth at their own Charge [...] Commission as aforesaid, in the discovery and pursuit of the said Indian Enemy and Rebels, for every man or wo­man of the said Enemy that shall be by them slain the Sum of Fifty Pounds, and for every Child of the said Enemy, Ten Pounds for a Child under 10. years besides Plunder and Prisoners. under the Age of Ten Years, that shall be by them slain, the Sum of Ten Pounds, and that such Party or Parties shall also have and keep unto their own use all Plunder and Prisoners by them taken of the Enemy; and that there shall be likewise paid out of the publick Treasury for every man or woman of the said Enemy that shall be Slain in the defence of any House or Garrison attacked or otherwise, the Sum of Five Pounds. All which aforesaid payments shall be made by order of the Governour and Council, upon producing before them the Scalp of any Indian Slain as aforesaid, and upon Oath made of the time, place and other circumstances relating thereto, and that it is the Scalp of the Indian that was then so Slain. And in case any person or persons shall be wounded in the aforesaid Service, Cure & Pension. he or they shall be cured at the Charge of the Publick, and if mai­med or otherwise disabled, shall have such Stipend or Pension al­lowed unto him or them, as the General Court or Assembly shall think meet. And the Reward herein before granted shall be equal­ly shared and distributed to and among all the persons of any party [Page 230] or parties, that shall be in Company at the Killing any Indian as a­foresaid, only the Captain to have two Shares, and the Lieutenant one Share and half thereof. And the Plunder and Prisoners that shall be taken, to be distributed in like shares and proportion, unless where any party or parties shall otherwise agree among themselves.

And be it further Enacted by the Authority aforesaid,

That if any person or persons shall produce any Scalp not being an Indian Scalp, Penalty for producing a false Scalp. or that shall not be the Scalp of any Indian 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, if convicted before the pay­ment of the reward granted by this Act for an Indian bona fide slain as aforesaid be ordered, shall forfeit and pay the full value of such reward; one moiety thereof unto His Majesty, 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 His Majesties Courts of Record. And if such person or persons so offending shall have payment made of the said Reward unto him or them, and be afterwards convicted as aforesaid, then such person or persons shall forfeit and pay double the value of the Reward paid for such Scalp, three fourth parts thereof unto His Majesty for and towards the Support of the Government; and the other fourth part to him or them that shall inform and sue for the same as before-mentioned. And every person and persons offending and convicted as aforesaid, shall likewise suffer three months Imprisonment without Bail or Mainprize.

Provided always, And be it further Enacted, That the Com­missions to be granted unto any person or persons to go forth upon the said Encouragement, Commissions to be limited to time. shall be limited to a certain time, and that no person or persons so Commissionated shall have or claim any ex­emption or priviledge allowed by Law to persons that have born Commissions.

And all Indians that shall be taken or found on the North side of the Road leading from Marlborough to Springfield, Limits to Indians. or within half a mile on the South side thereof, or within twenty miles on the Westerly side of Connecticut River, shall be deemed Enemies, and treated as such.

Provided also, That this Act shall continue in force until the last day of June next, (if the War so long continue) and not af­terwards.

An Act, For Reviving the Act to prevent the deserting of the Frontiers.

WHEREAS the Act Entituled An Act, To prevent the Deserting of the Frontiers, Made and Passed by the Great and General Court or Assembly, at the Session thereof by Adjournment the Twenty Seventh Day of February, which was in the Year of our Lord, One Thousand Six Hundred Ninety Four, Expired the Twenty Ninth Day of June last past. And it being judged necessary for His Ma­jesties Service, that the said Act be revived and further continued.

Be it therefore Enacted by the Lieute­nant Governour, Council and Represen­tatives Convened in General Assembly, and by the Authority of the same.

That the said afore-mentioned Act Entituled, An Act, To prevent the Deserting of the Frontiers. And all and singular the Paragraphs, Sentences, Clauses and Articles therein contained, be, and hereby are revived and further continued to abide and remain in full force du­ring this War, and not afterwards. Any thing in this or the said Act contained to the contrary thereof notwithstanding.

An Act, For Easing the Charge and the Relief of Prisoners of War.

FORASMUCH as a considerable Charge has been drawn upon His Majesties Subjects within this Province for the Relief and Support of French Prisoners of War that have been brought into the same by His Majesties Ships, and by Private Men of War, and divers others that have been obtruded upon this Province from the Neighbouring Governments; Besides the inconvenience and danger attending by many of the said French going at large.

For Prevention whereof, and to the intent that such Prisoners may be sutably Relieved and Provided for.

[Page 232] Be it Enacted and Declared by the Lieutenant Governour, Council and Re­presentatives in General Court Assem­bled, and by the Authority of the same,

That no Commander of any of His Majesties Ships, or of any Private Man of War, No French Prisoners of War to be landed but by Licence from the Gover­nour. or Master of any other Ship or Vessel bring­ing any French Prisoners of War into this Province [...] or suffer any of them to come on Shore, or be Landed within the same, until such Commander or Master hath first waited upon the Governour and Commander in Chief for the time being, and ob­tained his permission and Licence so to do. And if any Comman­der of any Private man of War or Merchant Ship or Vessel shall presume to act contrary hereunto, he shall Forfeit and pay the Sum of Five Pounds for every such Prisoner that shall be Landed or put on Shore out of any such Ship or Vessel without Permission and Licence as aforesaid. Penalty for landing any without such Licence. One Moiety thereof unto His Majesty, 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 His Majesties Courts of Record; and all such Pri­soners shall be remanded on Board again. And every Commander of any Private Ship of War, or Merchant Ship or Vessel before Li­cence be granted him for the Landing of his Prisoners, shall give sufficient security for their Subsisting and Maintenance during their abode in the Province, Commanders of private Ships of War &c to give Security for the Charge of their Prisoners and to answer the necessary Charges for their Transportation according as the Governour and Commander in Chief with the advice and consent of the Council shall direct and appoint.

And be it further Enacted by the Authority aforesaid,

That all Masters of Merchant Ships or other Vessels Sayling out of this Province from time to time for such Ports and places in Eu­rope, or else where as the Governour and Commander in Chief may think proper to send any French Prisoners unto, Merchant Skips to transport Pri­soners of War as the Gover­nour shall order. in order to their get­ing to some of the French Dominions, before the granting of their Clearings in order to Sayl, shall be obliged to receive on Board such Ship or Vessel so many & such Prisoners as the Governour & Com­mander in Chief by order in Writing under his Hand shall direct and cause to be sent on Board for Transportation, provided the number so ordered do not exceed one sixth part of the Company improved for the Sayling such Ship or Vessel, and that they have their passage for their labour, if capable of Service at Sea; but if otherwise any such Prisoners be impotent, are Gentlemen, Mer­chants, or were Commanders of Ships at the time of their Caption, the passages of such to be paid for after the usual and accustomed rate, out of the Publick Treasury of the Province for so many as were brought in by His Majesties Ships or other Vessels under His Majesties Pay, and for others by them that brought them in. And if any Commander or Master of any Merchant Ship or Vessel af­ter [Page 233] such Prisoners being sent on Board, shall permit or suffer any of them to come on Shore or to be Landed in any part of this Pro­vince, Penalty for permitting any to come on shore af­ter being sent on board. such Commander or Master shall forfeit and pay for such his contempt and neglect, the Sum of Five Pounds for every person put or suffered to come on Shore, to be recovered, imployed and dispo­sed of in manner as is herein before directed.

And be it further Enacted by the Authority aforesaid,

That it any French Prisoners that have been or shall be brought into any of the Neighbouring Governments, shall travel or come by Land or Water into this Province or any part thereof without Li­cence first obtained in Writing from the Governour and Comman­der in Chief, and bearing the same with them, Prisoners coming from the other Go­vernments without Li­cence to be Seized and returned back it shall be lawful for any person or persons whatsoever to seiz and take up such French­men and every of them, and him or them to carry to the next Constable; who is hereby required to convey them before the next Justice of the Peace, and such Justice by Warrant under his Hand and Seal shall cause such Prisoners to be sent from Town to Town, and from Constable to Constable, until they be returned into the Government or place from whence they came.

Provided, That this Act shall continue in Force during the pre­sent War with France, and no longer.

An Act, For the Revival and further continuing of the Act for Establishing of Precedents and formes of Writts & Processes.

WHEREAS the Act Entituled, An Act, For the Establishing of Precedents and Forms of Writs and Processes, and all and singular the Forms, Ar­ticles, Clauses, Matters and things therein contained, with the alterations & amendments heretofore made, and such [...] are contained in an Act of this present General Assembly, passed at their first Session Begun and Held the Twenty sixth day of May last past, Entituled, An Act, For the further continuing of the Act for Writs and Processes, are by the said Act last mentioned, further revived and con­tinued to abide and remain in full force and virtue, until the Tenth Day of December next, and no longer.

To the intent therefore that the Precedents and Forms of Writs & Processes established by the afore recited Act, with the amendments and alterations of the same, made as aforesaid, may be further conti­nued in force until other Provision be made.

[Page 234] It is hereby Enacted and Declared by the Lieutenant Go­ [...]our, Council and Representatives, Convened in General Assembly, and by the Authority of the same,

That the said Act Entituled, An Act, For Establishing of Precedents and Forms of Writs and Processes, and all and singular the Forms, Arti­cles, clauses, matters and things therein contained, with the alterati­ons and amendments heretofore made either by the said after Act, Entituled, An Act, for the further continuing of the Act for Writs and Processes, or by any other Act or Acts of the General Assembly, be, and hereby are further revived and continued to abide and remain in full force and virtue, until the end of the Session of the General Court or Assembly, to be begun and held on the last Wednesday in May next, which will be in the year of our Lord, One Thousand Six Hundred Ninety Eight and no longer.

AN ACT, For ascerteining the value of Coynes Currant within this Province.

WHEREAS for many years past the Money Coyned in the late Massachusetts Colony, hath passed currant at the rate or value it was stampt for, and good Se­vil Pillar or Mexico pieces of Eight of full seventeen penny weight, have also passed currant at six Shil­lings per piece, and half pieces of proportionable weight pro rato, quarter pieces of the same Coyn at sixteen pence per piece, and Reals of the same Coyn at Eight pecce per piece.

Be it therefore Enacted and Declared by the Lieutenant Governour, Council and Representatives Convened in Gene­ral Assembly, and by the Authority of the same.

That all and every the Coynes before-mentioned, shall still be and continue currant Money within this Province, and shall be accepted taken and received at the respective values aforesaid, according as hath heretofore been accustomed.

Provided always, That such of the said Coynes as pass by tale, be not diminished by Washing, Clipping, Rounding, Fileing or Scal­ing.

AN ACT, Against Murder.

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

That whosoever shall commit wilful Murder upon premediated Malice or Hatred, and be thereof convicted, the person or persons so offending shall be put to Death.

AN ACT, Against Ravishment or Rape.

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

That if any man shall Ravish any Woman [...] Carnal Copulation with her by Force against her Will. Or if any man shall unlawfully and carnally know and abuse any Woman Child under the age of Ten Years, every person and persons offending either of the cases before mentioned, being thereof convicted, shall [...] counted Felons, and shall be adjudged to suffer the pains of Death [...] in cases of Felony.

AN ACT, For the punishment of Buggery.

FOr avoiding of the detestable and abominable Sin of Buggery with Mankind or Beast, which is contrary to the very Light of nature.

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

That the same Offence be adjudged Felony, and such Order and Form of Process therein to be used against the Offenders as in cases of Felony. And that every man being duely convicted of lying with mankind as he lyeth with a woman. And every man or wo­man that shall have carnal copulation with any Beast or brute Crea­ture, the Offender and Offenders in either of the cases before menti­oned, shall suffer the pains of Death, and the Beast shall be Slain and Burned.

An Act, Against Atheism & Blasphemy.

BE it Declared and Enacted by the Lieutenant Gover­nour Council, and Representatives, Convened in Ge­neral Court or Assembly, and it is Enacted by the Authority of the same,

That if any person shall presume wilfully to Blaspheme the Holy Name of God; Father, Son, or Holy Ghost; either by Denying, Cursing, or Reproaching the True God; his Creation, or Government of the World: Or by Denying, Cursing, or Reproaching the Holy Word of God; that is the Canonical Scriptures contained in the Books of the Old, and New Testament; Namely, GENESIS, Exo­dus, Leviticus, Numbers, Deuteronomy, Joshua, Judges, Ruth, Samuel, Samuel, Kings, Kings, Chronicles, Chronicles, Ezra, Nehemiah, Esther, Job, Psalms, Proverbs, Ecclesiastes, The Song of Solomon, Isaiah, Jeremi­ah, Lamentations, Ezekiel, Daniel, Hosea, Joel, Amos, Obadiah, Jonah, Micah, Nahum, Habakkuk, Zephaniah, Haggai, Zechariah, Malachi: MATTHEW, Mark, Luke, John, Acts, Romans, Corinthians, Corinthians, Galatians, Ephesians, Philippians, Colossians, Thessalonians, Thessalonians, Timothie, Timothie, Titus, Philemon, Hebrews, James, Peter, Peter, John, John, John, Jude, Revelation: Every one so offending shall be punished by Imprisonment, not exceeding six months, and until they find Sureties for the good Behaviour, by setting in the Pillory, by Whipping, boaring thorow the Tongue with a red hot Iron, or setting upon the Gallows with a Rope about their neck; at the Discretion of the Court of Assize, and General Goal Delivery, be­fore which the Tryal shall be; according to the Circumstances, which may aggravate or alleviate the Offence. Provided that not more than two of the fore-mentioned Punishments shall be inflicted for one and the same Fact.

An Act, For Registring of Deeds & Conveyances.

FOR the Prevention of Clandestine and uncertain Sales of Houses and Lands. And to the intent it may be the better known what right, title or interest persons have in or to such Estates as they shall offer to Sale.

[Page 237] Be it Enacted and Declared by the Lieutenant Governour, Council and Representatives in General Court Assembled, and by the Authority of the same.

That henceforth all Deeds or Conveyances of any Houses or Lands within this Province, Deeds execu­ted by sign­ing sealing acknowledg­ment & Re­cord, to be valid. Signed and Sealed by the Party or Par­ties granting the same, having good and lawful right or authority thereto, and acknowledged by such Granter or Granters before a Justice of the Peace, and Recorded at length in the Registry of the County where such Houses or Lands do lye, shall be valid to pass the same without any other Act or Ceremony in the Law whatsoe­ver.

And that from and after three months next after Publication of this Act, no Bargain, Sale, No Bargain Sale &c. made 3 months next after this Act, to be good against any but the granter, with­out being ac­knowledged & Recorded. Proof of a Deed by wit­nesses, in case, to be equiva­lent to Ac­knowledg­ment. Mortgage or other Conveyance of Houses or Lands made and executed within this Province, shall be good and effectual in Law to hold such Houses or Lands against any other person or persons, but the Granter or Granters, and their Heirs only, unless the Deed or Deeds thereof be acknowledged and Recorded in manner as is before expressed. Provided nevertheless that when and so often as it shall happen any Granter to live in parts beyond Sea, or to be removed out of this Province, or to be dead before any Deed or Conveyance by him or her made, be acknowledged as aforesaid, in every such case, the proof of such Deed or Conveyance made by the Oaths of two of the Witnesses thereto Subscribed, be­fore any Court of Record within this Province, shall be equivalent to the Parties own acknowledgment thereof.

And be it further Enacted by the Authority aforesaid,

That if any Granter or Vender of any Houses or Lands shall re­fuse to acknowledge as is aforesaid, any Grant, Bargain, Sale or Mortgage by him or her Signed and Sealed, Penalty for persons refu­sing to ac­knowledge their Deeds. being thereunto requi­red by the Granter or Vender, his, her or their Heirs or Assigns. It shall be lawful for any Justice of the Peace within the County where such Granter or Vender lives, upon complaint made to send for the Party so refusing, and if he or she persist in such Refusal, to commit him or her to Prison without Bayl or Mainprize, until such Party shall acknowledge the same. It being first made appear and proved to be the Act and Deed of the same Party by the Oath of one or more of the Witnesses thereto Subscribed; and such Gran­tee or Vendee filing a Copy of his Deed so proved in the Registers Office, shall thereby secure his Title in the mean time, and the same shall be accounted sufficient caution to every other person and per­sons against purchasing the Estate in such Deed mentioned to be granted.

Provided, That nothing in this Act shall be construed, deemed or extended to bar any Widow of any Vender or Mortgager of Lands or Tenements from her Dower or Right in or to such Lands or Tenements; Saving for Dower. who did not legally joyn with her Husband in such Sale or Mortgage, or otherwise lawfully bar or exclude her self from such her Dower or Right.

[Page 238] And it is further Enacted by the Authority aforesaid,

That any Mortgagee of any Lands or Tenements, his or her Heirs, Executors or Administrators having received full satisfaction and payment of all such Sum and Sums of money as are really due to him by such Mortgage, How Mort­gages shall be discharged. shall at the request of the Mortgager, his Heirs, Executors or Administrators acknowledge and cause such sa­tisfaction and payment to be Entred in the Margent of the Record of such Mortgage in the Registers Office, and shall sign the same, which shall for ever thereafter discharge, defeat and release such Mortgage, and perpetually bar all actions to be brought thereupon in any Court of Record. And if such Mortgagee his or her Heirs, Executors or Administrators shall not within ten days next after re­quest in that behalf made, and tender of his, her or their reasonable charges, repair to the Registers Office, and there make and sign such acknowledgment as aforesaid, or otherwise sign and seal a discharge of the said Mortgage, and release and quit claim to the Estate there­in mentioned to be granted, and acknowledge the same before a Justice of Peace, he, she or they so refusing, shall be liable to make good all damages for want of such discharge or release to be recover­ed by Action or Suit in any Court of Record, and in case Judgement pass against the Party so Sued, he, she or they so cast, shall pay unto the adverse Party treble costs arising upon such Suit.

And be it further Enacted and Declared by the Autho­rity aforesaid,

That the Clerk of the Inferiour Court of Pleas in each respective County shall also be the Register of Deeds and Conveyances, and shall fairly enter and record at length all Deeds, Clerk of the Inferiour Court to be Register of Deeds. Conveyances and Mortgages of any Lands, Tenements, Rents or other Hereditaments, lying and being within the same County, made, executed, acknow­ledged or proved in manner as is aforesaid, which shall be brought to him to Record, and shall on Receipt thereof into the Office no [...] thereupon the day, month and year when he received the same, and the Record shall bear the same date. And every such Register before he [...] the said Office shall be sworn before one or more of the Justices of such Court, well, truly and faithfully to execute the same. And it shall and may be lawful to and for every Register aforesaid to ask and receive for entring and recording any Deed, to be Sworn. Conveyance or Mortgage, Twelve-pence for the first page, and Eight pence a page for so many pages more as it shall contain and no more, accounting after the rate of twenty eight lines, of eight words in a line to each page, Registers Fees. and proportionably for so much more as shall be under a page, and Six pence for his attestation on the Original of the Time-book and Folio where it is Recorded, and for discharge of a Mortgage as aforesaid, One Shilling and no more.

And be it further Enacted and Declared by the Authority aforesaid, Deeds Exe­cuted accord­ing to former Laws and u­sage Valid. That all Deeds of Bargain, Sale or Mortgage heretofore made and executed, according to former Laws and Usage shall be valid and effectual.

[Publisht. 30 th. October. 1697.]

An Act, Of Limitation for Quieting of Possessions.

WHEREAS a good and beneficial Act was made by the late Governour and Company of the Colony of the Massachusetts Bay, in the Year of [...] God, One Thousand Six Hundred Fifty [...] following: That is to say,

That any person or persons that hath either himself or by his Grantees or Assigns before the Law made for direction about Inhe­ritances, bearing date October the Nineteenth, One Thousand Six Hundred Fifty & Two, possessed and occupied as his or their own proper right in Fee simple, any Houses or Lands within this Juris­diction, and shall so continue, whether in their own persons, their Heirs or Assigns, or by any other person or persons from, by or un­der them, without disturbance lett suit or denial legally made by having [...] Claim of any person thereto [...] with the Recorder of the County where such Houses or Lands do lye, with the names of the persons so claiming, and the quantity, bounds of the Lands or Houses claimed, and such claim prosecuted to effect within the term of Five Years next after the Twentieth of May, One Thousand Six Hundred and Fifty Seven. Every such Proprietor, their Heirs and Assignes shall for ever after enjoy the same without any lawful le [...]t, fuit, disturbance or denial by any after claim of any person or persons whatsoever, any Law or Custom to the contrary notwith­standing Which afore recited [...] been found to be of great benefit and Service to His Majestie Subjects within the said Colony, and prevented many contests and Law [...]its which other­wise would have arisen by reason of a neglect in many persons to ob­serve a legal course and method for the passing and confirmation of Sales and Alienations.

And Whereas sundry persons having a just and equitable right and Title unto Estates in Housing or Lands, either acquired by pur­chase or otherwise accrueing unto or settled upon them since the passing of the afore recited Act, may want formal Conveyances and assuran­ces in the Law for the same, or the Deeds, Instruments or other Writings concerning such Estates may be defective or imperfectly made and executed, whereby such persons may be in danger of being deprived and evicted out of their honest and just Rights and Possessions.

For prevention whereof, and for the further quieting of Posses­sions and Setling of Titles.

[Page 240] Be it Enacted & Declared by the Lieu­tenant Governour, Council and Represen­tatives, in General Court Assembled, and by the Authority of the same,

That every person and persons who were possessed in his and their own proper right [...] Houses or Lands within this Province upon the first day of October, Quiet Posses­sion from the first of October 1692 until the first of October 1704 [...] in the year of our Lord God, One Thousand Six Hundred▪ Ninety Two, and all others deriving from, by or under him or [...], continuing the possession of such Houses or Lands until the first day of October, which will be in the Year of our Lord [...] ▪ One Thousand Seven Hundred and Four, without [...] or disturbance by claim made thereto, and action brought and prosecuted for the same with Effect, shall by virtue of such possession have, hold and enjoy such Houses or Lands unto him or them, his and their Heirs and Assigns for ever in Fee. And all Actions & Process to be thereafter brought for the same, are hereby excluded and for ever debarred.

Saving for the Kings Rights Provided always, That there shall be a Saving of His Majesties Rights, and all publick Lands belonging to the Province, not orderly disposed of.

Provided also, That this Act shall not be understood to ba [...] the Title of any Infant, F [...]me Covert ▪ or person New Compos [...], Im­prisoned or in Captivity, Other Sav­ings. who shall be allowed the [...] of seven years next after such Imperfection removed to pursue their Claim or Challenge to any Houses or Lands wherein they have interest or Title: And the like time of seven years shall be allowed to persons having an Estate in reversion in any Houses or Lands, from the time such reversion falls, to recover their Right, and persons beyond Sea shall be allowed the term of ten years from the publication of this Act to pursue their claim or challenge to any Houses or Lands as aforesaid.

And forasmuch as divers Towns and Settlements in the Eastern Parts of this Province have been deserted and broken up by reason of the Rebellion and War made by the Indians, Five years time allowed from & after the Ending of the War with the Indians, to lay claim to Lands ly­ing to the Eastward of Piscataqua River, & in other, the Frontiers. and sundry persons in other the Frontier Towns, particularly Enumerated in an Act of the General Assembly, have by means thereof been driven from their Habitations and Improvements.

Be it therefore further Provided and Declared by the Authority aforesaid,

That the Limitation of time for the continuance of Possession by this Act prefixed, shall not extend or be understood to extend unto any Houses or Lands lying to the Eastward of Piscataque River, or in other the Frontiers, but the same time shall be, and hereby is en­larged and lengthened out for the space of five years next after the ending of the War with the Indians, during which space all persons [Page 241] may pursue their right and claim to any Houses and Lands lying in those parts and places and every of them. And that no person or persons pretending right or title in or to any Lands lying within this Province purchased of any Indian or Indians, Lands pur­chas'd of Indi­ans without orderly al­lowance &c. not confirm­ed by this Act without orderly allowance and confirmation thereof had, according to former Laws and Usage of the several late Colonies of Massachusetts and New-Plimouth, and Province of Main respectively shall have or receive any benefit by this act with reference to such Lands.

[ Publish't 30 th. October, 1697.]

An Act, For granting unto His Majesty a Tax of Six Thousand & Forty Pounds Ten Shillings, upon Polls and [...]states.

UPON Consideration of the Great [...] and Expence which has necessarily accrued and arisen in the year last past, and this present year, in providing for the safety and defence of His Majesties Subjects and Interests in this Province; For Repairing and Setting in order the Castle and Fortifications about the same, and further Strengthing and Enforcement thereof; The pur­chasing of Provisions, Ammunition, and other Stores of War; The Fitting, Victualling and Manning of the Province Gally, and Fire Ship; The Hire of Transports and other Vessel that have been here taken up and imployed in His Majesties Service; The Wages become due unto the Commanders, Officers, Souldiers and Seamen, that have been imployed in the said Service; The Subsisting of Seamen and Souldiers, posted in Garrisons, and sent forth in pursuit of the Enemy; And for the Support of the Government, and answering of the Incident and Contingent Charges in and about the same. We His Majesties Loyal and Dutiful Sub­jects, the Representatives of this His Majesties Province of the Massachusetts-Bay in New-England, Convened in General Assembly: For and towards the Defreying of the before [...] several Charges and Expences, and of other the just Debts due from this Province; For the Payment of such Salaries, Gratuities and Allowances, as have been or shall be made, by the General Assembly; And all such Allowances and Payments as are directed by any Act of this Province, to be paid out of the publick Treasury; And for the further Support of the Go­vernment, defence of the Province, and Prosecution of the War against His Majesties Enemies; and for no other ends or uses whatever: [Page 242] Do Unanimously grant unto His most Excellent [...] of Six Thousand and Forty Pounds Ten Shillings in Mon [...], [...] upon Polls and Estates, both Real and Personal [...] P [...]vince, as is in and by this present Act for the manner [...] thereof is directed and set forth.

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

That the Treasurer do forthwith send out his Warrants [...] unto the Select-men, Trustees or Assessors of each respective [...] or Precinct within this Province, Requiring them to Assess the [...] herein set and proportioned unto such Town or Precinct upon all Rateable Male Polls above the age of Sixteen Years, (except El­ders of Churches, Setled Ministers, the President, Fellows and Stu­dents of Harvard Colledge, Grammar School Masters, and such [...] through Age, infirmity or extream poverty in the Judgment of the Assessors, Select men, or Trustees are rendred incapable to contribute towards publick Charges) and upon all Estates both real and personal lying within the limits and bounds of such Town or Precinct and next unto the same (not paying elsewhere) in whose hands, possession or occupation soever the same shall be found in just and equal proportion as near as may be according to their best judgment and discretion, making no difference in the Sum to be by them set upon Polls, and having due regard to persons faculties and personal abilities, and to estimate all Indian, Molatto and Negro Slaves as o­ther personal Estate: And to make a fair List of the Assessment of the said Sum upon the Polls and Estate within such Town or Precinct in three distinct Columns, and therein to s [...]t forth what each particular person is to [...] same against his or [...] name respectively, the first Column to contain the number of Polls for which such person is assessed, and the Sum set upon each of them, the second Column to contain the Housing Land or other real Estate, for which such person is assessed, and the Sum set there­upon, and the third Column to contain the Sum by them set upon such person for his or her personal Estate and Faculty. And also requiring the said Select-men, Trustees or Assessors, to commit the said List, so perfected, and signed by them or the major part of them, unto the Collector, Constable or Constables of such Town or Precinct, and also to return a Certificate of the name or names of such Collector, Constable or Constables, together with the Sum total of the List to each of them respectively committed unto the Trea­surer some time before the last day of November next ensuing. And the Treasurer upon Receipt of such Certificate, is hereby impowred and ordered to issue forth his Warrant to the said Collector, Consta­ble or Constables, requiring him or them respectively to collect the [Page 243] total of the said List, and to pay the same into the Treasury, and issue the Accompts thereof with himself or his Successors in said Office, at or before the last day of January next following.

And the Treasurer is hereby also directed to send his aforesaid Warrants inclosed to the Sheriff or Marshal of each respective Coun­ty, who is hereby required immediately to disperse and transmit the same unto the Select-men, Trustees, Assessors, Constables or Col­lectors of the several Towns and Precincts according to the directi­ons thereof▪ and for his said Service, Charge and Expences therein, shall have a reasonable allowance ordered him by the Court of Quarter Sessions in such County, out of the County Treasury upon his laying the Accompt thereof before them.

And be it further Enacted by the Au­thority aforesaid

That each Town and Precinct within this Province shall be as­sessed, and pay as its proportion to this present Tax, the Sums here­after following. That is to say,

And be it further Enacted by the Au­thority aforesaid,

That the Select men or Trustees of each of the said Towns and Precincts before mentioned, shall forthwith grant their Warrants for the convening the Inhabitants of such Town or Precinct, to choose three, five or seven able and discreet persons being Freeholders with­in the same (each person by common esteem to be worth at least [Page 246] One Hundred and Fifty Pounds in real and personal Estate) to be the Assessors of such Town or Precinct for the Sum proportioned and set upon them by this Act. And all and every person and per­sons so chosen for Assessors, and accepting thereof, shall take the Oath following. That is to say, ‘YOU A. B. being Chosen an Assessor for the Town of C. for this pre­sent Tax: Do Swear, That you will impartially and equally dis­charge the said Trust in proportioning the Sum to be assessed upon the said Town after the best of your discretion and judgment. So help you God, &c.’

Which Oath the Clerk of each Town or Precinct where there is no Justice of the Peace, is hereby impowred to administer. And if the Select-men or Trustees of any Town or Precinct shall not con­vene the Inhabitants thereof for the choosing Assessors as aforesaid, within the space of seven days next after receipt of the Treasurers Warrant, or the Inhabitants being so convened, shall refuse to choose▪ any, or that if the Assessors chosen by any Town or Precinct, shall refuse to accept of the said Trust, the Select men or Trustees for the time being of such Town or Precinct, shall be, and are hereby de­clared the Assessors of the same, and shall severally take the Oath before mentioned. And every Assessor attending the Service afore­said, shall be paid by the Town Treasurer, or out of the Town­stock, Two Shillings Per Diem for each day he necessarily attends said Service.

Provided always, And be it further E­nacted by the Authority aforesaid,

That as well the Sum herein before set and proportioned to the Farms or Precinct called Framingham, as the Sum of Eight Pounds set and proportioned to said Precinct, by the Act, For granting unto His Majesty a Tax upon Polls and Estates: Passed by this Court at their Session in May last (which is yet unassessed and not collected) shall be assessessed upon the Polls and Estates in said Precinct, by the As­sessors of the adjacent Town of Marleborough, and that the Inhabi­tants of said Farms or Precinct, shall have liberty, and are hereby impowred to choose one Assessor from amongst themselves to joyn with the Assessors of said Town of Marlborough in assessing and pro­portioning the aforesaid Sums set upon said Precinct, and also to ap­point a Collector for the gathering in and collecting of the same. And the Treasurer is hereby ordered and directed in his Warrant to be sent to the Assessors of Marlborough aforesaid, to require them to assess as well the Sum herein set upon said Town, as the above-men­tioned Sums set upon Framingham aforesaid, and to make return as above directed, with the name likewise of the Collector to be ap­pointed by said Precinct, whom the Treasurer shall impower, to col­lect and pay in the said Sums in manner and time as is before expres­sed for this present Tax. And in case the Inhabitants of said Pre­cinct, [Page 247] shall not appoint a Collector as aforesaid, for collecting the Sums set upon said Precinct, the same shall be committed unto the Constable or Collector of the said Town of Marlborough, who shall be impowred by the Treasurer for the collecting thereof. Any thing herein contained to the contrary notwithstanding.

And be it further Enacted by the Au­thority aforesaid,

That the Assessors in each Town or Precinct, shall Assess the Estates lying within the same, by one general Rule as near as may be. And if any person be agrieved at the Sum set upon him as his proportion towards this Tax, such person making ap­plication unto the Assessors, and demonstating that he is rated more than his proportion to the Sum set upon their Town, said Assessors shall ease him; and if they refuse so to do, then the person agrieved, complaining unto the next General Sessions of the Peace within that County, and making appear that he is assessed more than his proportion as aforesaid, shall be heard and relieved by the Justices in said Sessions, and such person shall be reimbursed out of the Town Treasury, so much as the said Justices or Assessors respectively shall see cause to abate him. And the Fe [...]mer or Occupier of any Houses, Lands or other Real E­state, shall be allowed and paid by the Landlord or Owner thereof, one half part of all such Sum and Sums of mony as he shall pay for the said Houses, Lands,, or other Real E­state, towards this present Tax, upon Certificate from the As­sessors, how much the same are assessed or rated at thereto, unless where there is any agreement to the contrary between any Landlord and Tenant.

And be it further Enacted by the Authority aforesaid,

That all Select men, Trustees, Assessors, Sheriffs, Constables or Collectors failing of performing the Duty and Service of them respectively required by virtue of this Act, shall be liable and subject unto the pains, penalties and forfeitures, as are in or by any Act or Acts of the General Assembly, or any clause, branch or article thereof in like cases set and declared to be prosecuted and recovered of them in the same way, and manner as in and by such Act or Acts is direct­ed and prescribed. And that the Treasurer be, and hereby is also impowred, to take, use, and exercise all such rules, directions, powers and authorities, for enforcing the collecting and paying in this present Tax as is unto him given and granted by the Act of this present General Assembly, made and passed at the first Session thereof begun and held the Twenty sixth day of May last, Entituled, An Act, For granting unto His Majesty a Tax upon Polls and Estates, to enforce the Collecting and paying in of the Tax therein granted.