An Act, For Reviving and further continuation of several Acts that are Expired and near Expiring.

FORASMUCH as notwithstanding the Peace lately Ratifyed and Confirmed betwixt the Crowns of England and France, the Indians in these His Majesties Territories, do still lye out in Rebellion and continue their Hostilities, and to make incursions, and commit Out-rages & Murders upon His Majesties Subjects. For the Suppressing of which Rebels, and the Defence and Security of His Majesties Subjects and Interests, there may be Occasion from time to time of Levying and sending forth of Souldiers, and Guarding of the Frontiers, and giving Assistance His Majesties Neighbouring Governments.

Be it Enacted and Declared by the Lieutenant Governour, Council and Assembly, in General Court Gonvened, and by the Authority of the same,

That the several Acts and Law, herein after mentioned, That is to say, An Act Entituled, An Act, For Levying Souldiers, made and passed in the Fifth year of the Reign of His present Majesty and the late Queen MARY of Blessed Memory. An Act Entituled, An Act, For giving Succours and Assistance to the Relief of His Majesties Subjects in the Neighbouring Provinces or Colonies. An Act Entituled, An Act, For put­ing the Militia of this Province into a Readiness for defence of the same: And An Act Entituled, An Act, For Reviving the Act to prevent the deserting of the Frontiers (these three last made and passed in the Ninth year of His present Majesties Reign.) And all and every the Branches, Articles, Clauses, Powers, Penalties and Proviso's contained in the said Acts, and in each and every of them, (Excepting what is therein mentioned relating to the French) Be and are hereby revived and further continued to abide and remain in full force and Effect, until the thirty first day of October next coming, and to the end of the Sessions of the General Assembly thence next following, and no longer. And for and during that term, shall be used, applyed, practised and executed according to the Tenor true intent and meaning of the same, as fully and effectually to all intents and pur­poses, as it the before recited Acts, and every of them had been particularly Re Enacted.

An Act, To prevent Incroachments upon High Wayes, Streets, &c.

FOrasmuch as divers▪ Incumbrances and Incroachements have been made, in and upon the Common Roads, High-ways and Streets here­tofore Laid out in several Towns within this Province.

For Redress whereof,

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

That henceforth no Edifice, Building or Fence whatsoever, shall be Raised, Erected, Built or Set up, in, upon or over any of the said Roads, High-ways, Streets, Lanes, or Alleys, in any Town, within this Province, or any part of any of them, whereby to straighten the passage, or any ways lessen the full breadth, of any such Roads, High­ways, Streets, Lanes or Alleys; and if any Edifice, Building or Fence whatsoever shall be Raised, Erected, Built, or Set up, upon, in or over any such Road, High way, Street or Alley, contrary hereunto, every such Edifice, Building or Fence, shall be deemed and held to be a common Musance; and the Court of General Sessions of the Peace for the Country, in which such Town doth Lye upon complaint, and making out the same before them, are hereby Impowered to order and cause such Edifice, Building or Fence to be taken down, Demo­lished and removed, and also to cause to be removed all such Incroach­ments, or Incumbrances as heretofore have been made, upon, in or over any common Road, High-way or Street as aforesaid, and the Charge thereof to be answered and paid by disposing of so much of the Materials, as shall be necessary to satisfie the same.

Provided nevertheless, That this Act shall not be intended or construed to intend the prohibiting of the setting up of any Conduit, Watch-house, Cage or Stocks, for publick use in or upon any High­way or Street within any Town.

An Act, For Regulating of Tanners, Curriers, and Cordwainers.

FOR the better preventing of Deceits and Abuses by Tanners, Curriers, and Dressers, or Workers up of Leather.

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

That no person or persons whatsoever using or occupying the Feat or Mystery of a Butcher, Currier, or Shoe-maker, No Butcher, Curryer or Shoemaker, to be a Tanner. by himself or any other, shall use or exercise the Feat or Mystery of a Tanner, on pain of the forfeiture of Six Shillings and Eight-pence for every Hide or Skin by him or them so Tanned, whilst he or they shall use or occupy any of the Mysteries aforesaid. No Tanner to use the Trade of Butcher, Cur­rier or Shoe-maker. Nor shall any Tanner during his using the said Trade of Tanning by himself or any other, use or occupy the Feat or Mystery either of Butcher, Currier or Shoe-maker, upon pain of the like forfeiture as aforesaid. And no Butcher whatsoever by himself or any other person, shall gash or cut any Hide of Ox, Bull, Steer or Cow in fleaing thereof or otherwise, whereby the same shall be impaired or damaged, on pain of forfeiting Twelve-pence for every gash or cut in any such Hide or Skin.

And be it further Enacted by the Authority aforesaid,

That no person or persons whatsoever using or which shall use the Mystery or Faculty of Tanning, shall at any time or times hereafter, No Tanner to offer or put to Sale any Leather insufficiently Tanned. offer or put to Sale any kind of Leather which shall be insufficiently Tanned, [...] which hath been over limed, or burnt in the Limes, or which shall not have been after the Tanning thereof well & through­ly dried, or that shall not be Sealed as in and by this Act is hereafter directed, upon pain of forfeiting the whole Hide, half Hide or other piece of such Leather, so offered or put to Sale. And no person or persons whatsoever using, or that shall hereafter use the Mystery or Faculty of Tanning, No unkind heats to be used in Tan­ning. shall set any of his or their Fatts in Tan-hills or other places where the Woozes or Leather put to Tann in the same, shall or may take any unkind heats, nor shall put any Leather into any hot or warm Woozes whatsoever, on pain of forfeiting Twenty pounds for every such Offence.

And be it further Enacted by the Authority aforesaid,

That no person or persons whatsoever, using or occupying, or that [...] [Page 255] or out of the possession of a Currier not being Sealed with the Mark or Seal to be used for [...] Curried: In every such case it shall and may be lawful for [...] and Sealers, or any of them, to Seiz all such insufficient or unsealed Leather, whether it be wrought up into Wares or not. To Seize all insufficient or unsealed Lea­ther. And if the Owner or Claim­er thereof shall not submit to the Judgment of the Officer or Officers that Seized the same, such Officer or Officers shall retain such Lea­ther in his or their Custody, until Tryal thereof be had as is hereafter directed, and Judgment thereon given. And in such case the said Officer or Officers shall within three days next after such. Seizure, in­form some Justice of the Peace thereof, Tryors to be appointed. who shall thereupon appoint [...] or six men, honest and skilful in Leather, to view the same in the presence of the Owner or Claimer, or without him (if having notice) he does not appear, and to report unto him upon their Oaths the defects which they find in said Leather: Which Report such Justice shall return unto the Court or Justice respectively before whom the Tryal of said Leather shall be. But in case the said Viewers shall report that they do not find such Leather or Wares so Seized in any respect defective according to the intent of this Act, the Justice that appointed such Viewers shall cause the same▪ to be forthwith discharg­ed from the Seizure made by such Officer or Officers.

And be it further Enacted by the Authority aforesaid,

That no person or persons whatsoever shall or may withstand or resist the Searchers and Sealers in the due Execution of their Office, Penalty for resisting the Searchers. nor in the Seizing of any insufficient Leather or Wares, on pain of forfeiting the Sum of Five Pounds for every such Offence. And the Fee for Searching and Sealing of Leather shall be One Pe [...]ny per Hide for any parcel less than five, and for all other parcels, after the rate of Six pence a Dickar; which Fee the Tanner and Currier respectively shall pay upon Sealing of the said Leather from time to time; Fee for Seal­ing. and shall also pay Three pence per mile for every mile any Sealer or Searcher shall travel above one for which he is not to be allowed a­ny thing.

And no Sealer or Searcher of Leather shall refuse within conveni­ent time to do his Office, Penalty on Sealers for neglect of duty. or shall allow any Leather or Wares which we not suffici [...] on pain of forfeiting Forty Shillings, no [...] shall take any bribe, or exact more than his due Fees, on pain of forfeiting the Sum of Ten Pounds for every such Offence.

And be it further Enacted by the Authority aforesaid,

That all Fines, Fines & For­feitures how to be disposed. Penalties and Forfeitures that shall arise and grow due by virtue of this Act or any Clause therein contained, shall ac­crue and be disposed of in manner following, viz. one third part thereof to the Treasurer of the County where the offence is commit­ted, for the defraying of County Charges, one third part thereof to the Treasurer or Select men of the Town where the Offender inha­biteth, to the use of the poor of such Town, and the other third part to the Seizer or Seizers of such insufficients Leather or [Page 256] to him or them that shall inform & sue for the said Fines, Penalties or Forfeitures to be recovered by Action, Bill, Plaint or Information in any Inferiour Court of Common Pleas, or before any Justice of Peace, when the matter doth not exceed the value of Forty Shillings.

And be it further Enacted by the Authority aforesaid,

That when and so often as any Leather belonging to any Tanner or other person shall be Seized and become forfeit for any defect of the Currier in his Workmanship about or handling of the same, Curriers lia­ble to make good the va­lue of all Lea­ther Seized for ill work­manship. such Currier shall be liable to make good unto the Tanner or other Owner of such Leather so seized and forfeited, the full value thereof, with his just Costs and Damages, to be recovered by Action to be there­fore brought against such Currier in any Inferior Court of Com­mon Pleas, or before any Justice of Peace, If the value exceed not Forty Shillings: For the better ascertaining of which value, the per­sons to be appointed as aforesaid for viewing the defects in Leather, shall (when the same is seized for being marred or spoyled by the Currier) through his ill workmanship or handling, be also appointed to estimate and judge the value thereof, and make report of the same together with the defects.

An Act, For Establishing the forme of the Writt and Precept, for calling a Great and General Court or Assembly.

BE it Enacted and Ordained by the Lieutenant Governour, Council and Representatives, Convened in Gene­ral Assembly, and it is hereby Enacted & Ordained by the Authority of the same,

That the Writt to be at any time hereafter issued by the Gover­nour or Commander in Chief of this Province, for calling a Great and General Court or Assembly, as also the Preceipt to be issued by the Sheriff or Marshal in Observance thereof, to the Select men of the several Towns, and their Return thereupon (when any Person or Persons shall be chosen to represent them in said Court) shall be in the formes following. Writt for calling a Great & Ge­neral Court or Assembly.

That is to say,

An Act, For the Establishing of Precedents and Forms of Writts and Processes, in Civil Causes.

BE it Enacted and Ordained by the Lieutenant Governour, Council and Representatives, Convened in Gene­ral Assembly, and it is hereby Enacted & Ordained by the Authority of the same,

[Page 259]That the several Forms of Writts and Processes in Civil Causes hers under written, be, and hereby are Established to be the Forms which the respective Officers that are or shall be appointed to grant the same, shall observe and use.

That is to say,

The like Form of a Replevin to be observed for matters cognizeable before a Justice of Peace, Mutatis mutandis.

And the like Form of a Warrant shall be used for the Collecting of County Rates or Assessments, Mutatis mutandis.

[Page 267] And be it further Enacted,

That when the Officer appointed for Collecting any Rates by virtue of such Warrant as aforesaid, Copy of the Warrant to be left with the keeper when any persons are imprisoned by virtur thereof. shall Seize the Body of any per­son or persons for want of Goods or Chattels whereon to make distress, and shall commit him or them to Prison. A Copy of said Warrant with the Sum or Sums such person or persons are to pay, Sign'd by the said Officer, shall be a sufficient Warrant for the Goaler to receive and hold such person or persons, until he or they shall pay the said Rate, and his or their Charges of Imprisonment, with One Shilling for the Copy of said Warrant.

And be it further Enacted by the Authority aforesaid,

That every person bringing a Writ of Error for the removal of a­ny Case out of the Inferiour Court of Common Pleas for another hearing and Tryal in the Superiour Court of Judicature, Proceedings upon a Writt of Error. shall assign the Errors in the proceedings and Judgment given in the Inferiour Court, in writing under his own or Attorneys Hand, and file the same in the Clerk's Office of such Inferiour Court, fourteen dayes in­clusive before the Sitting of the Superiour Court, at which the Case is to be heard, to the intent the adverse party may have a Copy thereof (if desired) And shall also cause him to be notified of the said Writ of Error, and Served with Summons out of the Clerk's Office of the Superiour Court, by the like space of fourteen dayes to appear and defend the said Suit: And the party taking out such Writ of Error, shall at his own Cost and Charge cause the Record and Process of the Case in the Inferiour Court, and all the proceedings thereon, together with the Errors assigned therein, to be Certified unto the Superiour Court of Judicature; which cost and charge shall be repaid by the Defendant if upon such Tryal the Judgment given in the Inferiour Court be reversed. Clerks of Courts to grant an alias Execution ex Officio, upon return of the former Exe­cution being satisfyed in part only. Costs to be allowed a­gainst persons discontinuing their Suit or becoming non-suit. Writts out of the Superiour Court to bear the test of the chief Justice.

And it is further Declared and Enacted,

That where any Execution shall be returned satisfied in part only, the Officer who granted the same may Ex Officio renew or make out an alias Execution for the Remainder; Provided it be done within the space of twelve months next after Judgment given, without a Scire Facias being Sued forth by the party that recovered the Judgment.

And be it further Enacted by the Authority aforesaid,

That whosoever shall cause Process to be Served upon any person or persons on pretence of Debt, Trespass or other matter or cause, and discontinue his or their Suit, or be Non-Suited, the person or per­sons on whom Process shall be so Served, making it appear to the Justices of the Court where such Process is returnable, shall be allowed his or their reasonable Costs and Charges.

And all Writs, as well Original as Judicial issuing out of the Clerk's Office of the Superiour Court of Judicature shall bear the Test of the Chief Justice, and upon any vacancy of such Chief Justice, then [Page 268] of the Senior Justice of the said Court for the time being. And all Writs as well Original as Judicial issuing out of the Clerk's Office of the several Inferiour Courts of Common Pleas, Writts out of the Inferi­our Court to bear the test of the first Justice named in the Com­mission. shall bear the Test of the first Justice named in the Commission for holding of said Court; And upon any vacancy by his death or removal then of the next Justice in such Commission named for the time being.

Any Law, Usage or Custom to the contrary of any thing herein before contained notwithstanding.

An Act, For providing of Pounds, and to prevent Rescous and Pound breach.

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

That there shall be a sufficient Pound or Pounds made and main­tained, Each Town to maintain a sufficient Pound. from time to time in every Town and Precinct within this Province, in such part or places thereof, as the Select-men shall di­rect and appoint, at the cost and charge of such Town or Precinct, for the impounding and restraining of all Swine, Cattle or Sheep, liable to be impounded or restrained, for any of the causes herein after mentioned.

For what causes Cattle &c. to be impounded.And that it shall and may be lawful to and for any other Person or Persons, as well as the Hawards or Field drivers, to take up and impound or cause to be impounded, any Swine, Neat Cattle, Horses or Sheep, as shall be found damage feasant in any Corn-field, or other inclosure; or Swine found unyoked or unringed; Neat Cattle, Horses or Sheep going upon the Common, not allowed to feed there by the major part of the Propriety, who are impow­ed to permit the same; any Law to the contrary notwithstanding. And the Owners or Claimers of any such Creatures impounded as aforesaid, shall pay the Fees Set in and by an Act Entituled, An Act, For Regulating of Fences, Cattle, &c. unto the Pound keeper, before they be delivered out of Pound, as also the Fee to the party im­pounding and damage to the party injured, unless such Owner or Claimer shall think [...] to Replevie his Creatures impounded, and give sufficient Bond with one or more Sureties to prosecute his Replevin with Effect in Law, either before a Justice of the Peace, within fifteen dayes inclusive from the date of such Replevin, or at the next Inferiour Court of common Pleas to be holden within the same County, according to the value of the damages alledged to be suffered, and to pay all such costs and damages as shall be awarded against him.

[Page 269]And every Person impounding any Swine, Neat Cattle, Horses or Sheep, shall give present notice thereof unto the Owner, if known, The owner of Creatures impounded, to be notify­ed thereof (if known) if not the Creatures to be cryed and posted up. or leave a Notification thereof in writing at his house or place of usu­al abode, or if unknown, shall cause the same to be publickly cryed or posted up in some publick place in such Town and in the two next Neighbouring Towns, from whence it may be most likely such Creatures came. And shall also cause the Creatures so impounded, to be relieved with suitable meat and water, the charge whereof shall be paid by the Owner or Owners, as also of the crying of them after the rate of Three pence per Head, for a number not exceeding Twelve, & no more than Three Shillings for a greater number. And if no Owner or Claimer appear within the space of three days next after the impounding of any such Creatures, Fee for cry­ing. then the person or persons so restraining of them shall proceed with them as the Law provides respecting Strays. after three dayes to be proceeded with as Strays.

And be it further Enacted by the Authority aforesaid,

That if any person or persons shall Rescue any Swine, Neat Cat­tle, Horses or Sheep taken up as aforesaid, out of the hands of the Haward or other person being about to drive them to the Pound, whereby the party injured may be liable to lose his damages, Penalty for a Rescous. and the Law be eluded, the party so offending, shall for such Rescous, forfeit and pay the Sum of Forty Shillings to the use of the poor of the Town or Precinct where the Offence is committed; besides all just damages unto the party injured, to be recovered by Action, Bill, Plaint or Information in any of His Majesties Courts of Record. And if any person or persons shall make any Pound breach, or by any other indirect ways or means howsoever, convey or deliver any Creatures impounded out of the Pound, the party so offending being duly con­victed thereof, Penalty for pound breach shall forfeit and pay the Sum of Five Pounds to the use of the Poor of the Town or Precinct where the Offence is committed, as also all just damages to the party injured by such Crea­tures to be had and recovered in manner as aforesaid. And if such Rescous Pound breach or conveying of Creatures out of the Pound happen to be committed by any Apprentices or persons under Age, not having of their own wherewith to satisfie the Law, and their Parents or Masters refuse to pay the Fine and Damages, which the Law in such case does inflict. It shall and may be lawful to and for the Justices before whom such Action or Plaint shall be depending, upon a due conviction of the person or persons complained of, Committed by Appren­tices or per­sons under age, how to be punished. and prosecuted for such Offence, to Commit him or them to the next Goal in the County where the Offence is done, there to remain till Satisfaction be made as above-said: Or otherwise may punish such Offender by Imprisonment, not exceeding sixty dayes, in lieu of the Fine, and leave the party injured to his remedy at Law, to recover his damage of the Parent or Master of such Child or Apprentice; which such Parent or Master respectively shall be liable to have recovered of him upon Action to be therefore brought, and Execution to be accordingly awarded upon Judgment given in that respect.

[Page 270] And be it further Enacted by the Authority aforesaid,

That when and so often as any Trespass or Trespasses shall be done in Common or General Fields, Trespass done in com­mon or ge­neral Fields· not being sufficiently F [...]ced in as the Law directs, the party injured shall forthwith procure two suffici­ent persons of good repute and credit, to view and adjudge of the damage done, giving notice of such Trespass unto the Owner or Claimer of the Beast or Cattle that did the same (if known and re­sident in the same Town, or near by,) that he may be present, and nominate one of the Apprizers if he see cause, and the damage to be answered according to such Estimation.

the owner of defective Fence to make good damages.And where damage happens through the insufficiency of the Fence the Owner or Occupier of the Land to which the defective Fence belongs, shall be liable to answer and make good all such Damage.

An Act, For preventing of Trespasses.

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

That all and every person and persons which shall unlawfully cut or take away any Grass, Robbers of Orchards, Gardens &c. How to be punished. Corn or Grain, growing, or rob any Orchard or Garden, or break or cut, pull down or remove any Hedge, Pale, Rail or Fence, or that shall hurt or digg, or pull up, or take away any Grafts or Fruit Trees, and their Procurers or Receivers [...]nowing the same, being thereof convict by confession of the party, or by the testimony of sufficient Witnesses upon Oath before any Court, or any one Justice of the Peace in the County where the Offence shall be committed, shall pay unto the party injured, such recompence as by the Court or Justice before whom the Trespass is found shall be awarded.

And be it further Enacted by the Authority aforesaid,

That if any person or persons shall cut or carry off any manner of Wood, Penalty for cutting or carrying off any Trees, wood &c. from off ano­ther mans Land, or off the common. Underwood, Timber, Poles, or Trees standing, lying or growin [...] [...]n the Land of any others, or off or from the Commons of any [...]wn, other than that to which he doth belong, or within the same Town, having no right or priviledge there, without leave or licence from the major part of the Propriety of such Commons, or the Owner or Owners of the Land whereon such Wood, Under­wood, Timber, Poles or Trees were standing▪ lying or growing: E­very person so offending, shall forfeit and pay unto the party or par­ties injured or trespassed upon, the Sum of Twenty Shillings for e­very Tree of one foot over, and Ten Shillings for every Tree or [Page 271] Pole under that bigness, and for other Wood or Underwood treble the value thereof; to be recovered by Action, Bill, Plaint or Infor­mation before any Justice of the Peace in the County where the Offence is committed, if the forfeiture exceed not Forty Shillings, but if it be above that value, then before the Inferiour Court of Common Pleas within the same County. Forfeiture upon a se­cond con­victon. And if any person shall be convict of such Offence a second time, he shall forfeit and pay to the use of the poor of the Town where the Offence is committed, the Sum of Twenty Shillings, or suffer one months Imprisonment over and above the forfeiture above said, or damages to the party injured.

And be it further Enacted by the Authority aforesaid,

That if any Children or Servants shall offend against this Act in any of the particulars therein mentioned, Children or Servants of­fending a­gainst this Act, how punished. and their Parents or Masters refuse to answer the forfeiture or damage awarded against them, they shall be punished by Whipping, setting in the Stocks or Cage, or by Imprisonment, at the discretion of the Court or Justice before whom the prosec [...]tion shal [...] be, according to the nature and degree of the Offence and circumstances aggravating.

And be it further Enacted by the Authority aforesaid,

That when in Action of Trespass brought before a Justice of Peace, In action of Trespass be­fore a Justice of Peace, if the Defendant justify on Plea of Title, the case to be removed and be [...]d given. the Defendant shall justify and demur upon plea of Title, a Record shall be made thereof, and the matter of Fact be taken pro confesso, and the party making such Plea shall become bound with one or were Sureties by way of Recogniscance unto the adverse party in a reasonable Sum, not exceeding Twenty Pounds; on condition that, he shall pursue his Plea, and bring forward a Suit for a Tryal of his Title, at the next Inferiour Court of Common Pleas to be holden for the County in which such Trespass is alleadged to be done, and pay and sati [...]fie, be all such damages and costs as by the said Court shall be awarded against him; which Recogniscance the Justice is hereby Impowered to require and take, and shall be paid for the same by the Reconuscer, Two Shillings, and One Shilling for Recording his plea, and at the Charge also of the same party shall certifie the Process and Record of such plea, together with the Recogniscance, unto the said Inferiour Court of Common pleas. And if such Reconuscer shall neglect to bring forward such Suit at the Inferiour Court accor­ding to the tenour of his Recogniscance, the default shall be Record­ed, and a Writ' of Scire Facias be issued out of the Clerk's Office of [...] same Court, in manner as by Law is directed for the recovery of th [...] Sum or penalty in the Recogniscance mentioned of him, his Surety or Sureties. Or if upon Tryal before the said Court he shall not make out a Title to the Land or Tenement on which the Trespass is laid to be done paramount to the possession or other Title of the [...] adverse party, Upon neg­lect or refusal to give bond, the case to proceed. Judgment shall be rendred for the party trespas­sed upon, for treble damages and costs of Suit. But if the Defendant in Tres [...]pass justifying on plea of Title shall refuse or neglect to be­come be and in manner as aforesaid, then his plea shall abate, and [Page 272] the Justice notwithstanding the same shall proceed to try the cause, and upon due proof or the Trespass committed by him shall award damages against him according to what shall be made out, and cost of Suit.

And be it further Enacted,

That it in the opening and pleading of any Action of Trespass there be disclosed and proved any breach of the Peace, breach of the Peace to be punished. the party or parties guilty thereof, shall be Fined to the King, or otherwise pu­nished as the Law in such case provides.

An Act, Against Receiving of Stol'n Goods.

WHEREAS divers leud and evil minded Persons for the sake of filthy Lucre, do frequently receive from Indians, Molato's, Negro's and other suspected Persons, Money and Goods Stoln, or obtained by other indirect and un­lawful wayes and means, thereby Encouraging of Theft.

For Redress whereof,

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

That every person whomsoever which shall presume either openly or privatly, to buy or receive of or from any Indian, Molato or Negro Servant or Slave, Persons re­ceiving or buying Stol'n Goods &c. to make re­stitution. or of other known dissolute, leud and disor­derly person, of whom there is just cause of Suspicion, any Money, Goods, Wares, Merchandizes or Provisions: And it appear the same Money, Goods, Wares, Merchandizes or Provisions to have been Stol'n, gotten or obtained by any indirect or unlawful wayes or means; every person so offending and being thereof convicted, shall be sentenced to restore all such Money, Goods, Wares, Mer­chandizes or Provisions, unto the party injured in Specie (if not altered) and also Forfeit to the said party the value thereof over and above; or double the value, where the same are disposed of or made away. And if the person so offending be unable, or shall not make restitution as awarded, then to be openly Whip't with so ma­ny stripes, not exceeding Twenty, as the Justice or Court that may have Cognizance of the Offence shall order, or to make Satifaction by Service. And the Indian, Negro, Molato or other suspicious person as aforesaid of or from whom such Money, Goods, Wares, Merchandizes or Provisions shall be received or bought, If unable to make restitu­tion, to be corporally punish't. shall be punished by Whipping, not exceeding Twenty Stripes, and be further prosecuted as the Law directs in case of Theft, unless where such Money, Goods, or Provisions shall be taken from the Master of such person.

An Act, Relating to Stray's and lost Goods, &c.

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

That whosoever shall find any Money or Goods lost, Money or Goods found to be Entred with the Town Clerk in 6 dayes af­ter finding. whereof the Owner is not known, the finder within Six days at the farthest next after, shall give notice thereof in writing, unto the Clerk of the Town in which they were found, to be entred in a Book to be kept for that purpose; and shall also cause the same to be Cryed by the Constable or Publick Cryer in such Town, on three several day's, at a Publick Meeting of the Inhabitants thereof; and to be Posted up in some publick place: And if the Money or Goods so found be of the value of Twenty Shillings or upwards, to be cryed and posted. then to be Cryed and Posted up in like manner at the two next adjacent Town's.

And be it further Enacted by the Authority aforesaid,

That every person who shall find and take up any Stray beast, shall cause the same to be entred with the colour and marks natural and artificial, Stray beasts to be cryed posted and wythed. and also to be posted up and cryed in manner and time as aforesaid, and likewise within Twenty four hour's shall put, and from time to time keep a Wyth about the neck of such Stray Beast, on pain of losing all his Charges about it afterwards.

And the finder of any lost Goods or Stray Beast shall also within the time before mentioned, The next Justice to be notifyed of lost Goods & Strays the same to be apprized Notify the next Justice of the Peace with in the same County thereof, and such Justice shall forthwith there­upon order the same to be apprized by two meet persons by him to be appointed, and shall administer an Oath unto them to deal justly and indifferently therein.

And if the finder of any lost Goods or stray Beast shall neglect to cause the same to be entred, cryed and posted up in manner and time as before is exprest, or to wyth such Beast, Penalty on the finder for neglect of entring, cry­ing & post­ing, and on the Town Clerk for his neglect. or if the Town Clerk shall neglect to enter any lost Money, Goods or Stray, whereof he shall be Notifyed, and have tendred unto him the Fee of Six pence, (which he may demand and receive, and no more) such Finder or Town Clerk for such omission and default respectively shall forfeit and pay to the use of the Poor of such Town, one third part of the full value of such lost Money, Goods or Stray [...]

And it is further Enacted,

That if the Owner of any such lost Money, Goods or stray Beast appear within the space of one year next after such publication as a­foresaid, and make out his right and title thereto, Restitution to be made to the owner. he shall have resti­tution of the same, or the full value thereof; allowing and paying [Page] Three pence for each time it was Cryed, Six pence for Entring thereof as aforesaid; as also paying such necessary Charges as shall have ari­sen for the keeping of such Strays, lost Money or Goods, or necessary Travel about them to be adjusted and determined by the Justice that ordered the apprizal thereof, or by some other Justice in the same County.

And if no Owner appear within one year as aforesaid, then such Strays, [...] lost Money or Goods shall be to the Finder, he paying one half of the value thereof (all necessary charges being first deducted) according to apprizment, unto the Treasurer or Overseers of the Poor for such Town, for the use of the Poor thereof, and to be re­covered by the Town Treasurer, Select men or Overseers of the Poor respectively as in other Cases, upon neglect or refusal to pay the same.

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

That if any Owner of any Stray Beast, or other person shall take the Wyth off from the same, Penalty for taking off the Wyth, or taking away any Stray. or take away such Stray before all the necessary Charges arisen for the entring, crying and keeping thereof be defreyed, such person so offending shall forfeit and pay unto the Finder of such Stray, the full value of the same.

All the Penalties and Forfeitures in this Act mentioned, to be re­covered by Action, Penalties &c. how to be recovered. Bill, Plaint or Information before a Justice of the Peace, where the value exceeds not his Cogniscance, or in any other of His Majesties Courts within this Province.

Provided, That no person from the first day of March to the first day of December yearly, No Strays to be made from the first of March to the first of December. shall take up any Horse, Gelding, Mare or other Beast for a Stray, or account or use them as Strays, tho' the Owner thereof be not known, unless such Beast be taken damage feasant in Inclosures.

An Act, For the Inspecting and Suppressing of Disorders in Licensed Houses, &c.

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

That all Inholders, Taverners and Common Victuallers shall at all times be furnished with suitable Provisions and Lodging for the Re­freshment and Entertainment of Strangers and Travellers, Inn-holders &c. to be pro­vided for en­tertainment of men and horses. Pasturing, Stable Room, Hay and Provender for Horses, on pain of being de­prived of their Licence.

And that no person who is o [...] shall be Licenced to be an Inn-hol­der, [Page 275] Taverner, Common Victualler or Retailer, shall suffer any Apprentice, Servant or Negro to sit Drinking in his or her House, Penalty for entertaining of Servants or Negro's. or to have any manner of Drink there, without special order or allowance of their respective Masters, on pain of Forfeiting the Sum of Ten Shillings for every such Offence. Neither shall any Licensed person suffer any Inhabitant of such Town where he dwells, or coming thither from any other Town, None to con­tinue in pub­lick houses above one hour, unless &c. to sit Drinking or Tipling in his or her House, or any of the Dependencies thereof, or to continue there above the space of one hour (other than Travellers, persons upon bu­siness or extraordinary occasions) on the like penalty of Ten Shil­lings for every Offence.

And every person who contrary to this Act, shall continue in any such House Tipling or Drinking, or otherwise misordering him or her self, or above the space of one hour (other then as aforesaid) shall forfeit and pay the Sum of Three Shillings and four pence, or be set in the Stocks, not exceeding four hours time.

And no person or persons Licensed as aforesaid, None to be suffered to be drunk there or to be there on the Lords day, unless &c shall suffer any person to Drink to Drunkenness, or excess in his or her House, nor shall suffer any person as his or her Guest to be and remain in such House, or any the Dependencies thereof, on the Lords Day (other than Strangers, Travellers, or such as come thither for necessary refreshment,) on pain of forfeiting the Sum of Five Shillings for e­very Offence in that kind.

And be it further Enacted by the Authority aforesaid,

That all Fines and Forfeitures arising for any of the Offences before mentioned, Penalty &c. how to be imployed. shall be one moiety thereof to the use of the poor of the Town where the Offence is committed, and the other moiety to him or them that shall inform and prosecute for the same, (except where such Offences are presented by a Grand jury, in which case, the whole forfeiture to be to the use of the Town) and every Justice of the Peace within his Precincts is hereby impowered to hear and determine concerning any of the Offences aforesaid, Justice of the Peace his power. and to restrain and commit the Offender to Prison, until he pay and satisfie the pe­nalty or forfeiture, or otherwise by Warrant cause the same to be levied by Distress and Sale of the Offenders Goods.

And be it further Enacted by the Authority aforesaid,

That before any person shall receive Licence to be an Inn holder, No Inn-hold­er &c to re­ceive Licence before en­tring into Re­cogniscance. common Victualler, Taverner or Retailer, every such person shall become bound by Recogniscance to His Majesty, in the Sum of Ten Pounds, the Principal, and two Sureties in Five Pounds a piece, before one or more of the Justices of the General Sessions of the Peace, On Condition following.

That is to say,

THE Condition of this Recogniscance is such, That whereas the above bounden A. B. is admitted and allowed by the Justices of the Court of General Sessions of the Peace, to keep a Common Inn, Ale-house, or Victualling house, & to use common Selling of Wine, [Page 276] Beer, Ale, Cyder, and other strong Liquors by Retail for the space of one whole year next ensuing, and no longer, in the now Dwelling House of the said A. B. in C. commonly known by the Sign of [...] and no other: If therefore the said A. B. during the time aforesaid, shall not permit, suffer or have any playing at Dice, Cards, Tables, Quoits, Loggets, Bowles, Shuffle-board, Nine pins, Billiards, or any other unlawful Game or Games in his House, Yard, Garden, Back side, or any of the Dependencies thereof, Recognis­cance for Inn-holders &c. nor shall suffer to be or remain in his House any person or persons (not being of his ordinary House­hold or Family) on the Lords Day or any part thereof, contrary to Law, nor shall Sell any Wine, Liquors, or other Strong Drink to any Apprentices, Servants, Indians, or Negro's, nor shall suffer any person or persons to be there Tipling, Drinking, or continue there after nine of the Clock in the night time, or otherwise contrary to Law. And in his said House, shall and do use, maintain and uphold good order and Rule, and do endeavour the due Observance of the Laws made for Regulation of such Houses. Then this present Re­cogniscance to be void, but on default thereof, to abide and remain in full force and virtue.

And before any person shall receive Licence to Retail any Wine or Strong Liquors, to be spent out of Doors, and not otherwise, such person shall become bound by Recogniscance as aforesaid, On Conditi­on following.

That is to say,

THE Condition of this Recogniscance is such, That whereas the above bounden A. B. is Licensed and allowed by the Justices of the Court of General Sessions of the Peace, to Retail for the space of one whole year next ensuing, and no longer, out of his now Dwelling House in C. [...] fort of Strong Liquors, [...] to be spent out of Doors and not otherwise: If therefore the said A. B. shall not en­tertain or suffer any person or persons to sit Drinking or Tipling in his House, Recognis­cance for Retailers out of doors. Cellar, Back sides, or any of the Dependencies of said house, nor shall Sell any other sort of drink than what he is Licensed for as above said. And shall and do in and by all things observe the directions of the Law relating to persons Licenced for Retailing out of Doors only. Then this present Recogniscance to be void, but on default thereof to abide and remain in full force and virtue.

For each of which aforesaid Recogniscances the party to whom such Licence shall be granted shall pay Two Shillings, to be divided betwixt the Justice & the Clerk.

And for the better Inspecting of Licensed Houses, and the discovery of such persons as shall presume to Sell without Licence.

Be it Enacted by the Authority aforesaid,

That the Select men in each Town respectively shall take due care, That Tything men, be annually chosen at the General Meeting for Choice of Town Officers as is by Law provided, Tythingmen to be annual­ly chosen. & upon any vacancy to fill up the number at any other Town Meeting, which Tyingmen [Page 277] shall have power, and whose Duty it shall be carefully to inspect all Licensed Houses, and to inform of all disorders or misdemeanours which they shall discover or know to be committed in them or any of them to a Justice of the Peace, or Sessions of the Peace within the same County, as also of all such as shall Sell by Retail, Tythingmen their Power and duty. without Licence, and other disorders or misdemeanours committed in any such House; and in like manner to present or inform of all idle and disorderly persons, prophane Swearers or Cursers, [...] [...]th-breakers, and the like Offenders, to the intent such Offences and misdemeanours may be duely punished and discouraged: Every of which Tything-men shall be Sworn before a Justice of the Peace, or at the Sessions of the Peace, to the faithful discharge of his Office, in manner following.

That is to say, ‘YOU A. B. being Chosen a Tything-man within the Town of C. for one year next ensuing, Oath. and until another be Chosen and Sworn in your stead: Do Swear, That you will faithfully endeavour and intend the Duty of your Office. So help you God.’

Which Tything men shall have a black Staff of two foot long, Staff. tip't at one end with brass about three inches, as a badge of their Of­fice, to be provided by the Select men, at the Charge of the Town.

And be it further Enacted by the Authority aforesaid,

That if any person being duely Chosen to the said Office, shall refuse to take his Oath, or Serve therein, he shall forfeit and pay the Sum of Forty Shillings to the use of the Poor of the Town whereto he belongs, Penalty for not serving. upon Conviction of such refusal before the Ju­stice of the Peace, or. Sessions of the Peace where he is Summoned to be Sworn, Certificate being produced under the Hand of the Town Cleck, that such person was legally Chosen to that Office. And the said Forfeiture to be Levied by Distress and Sale of such persons Goods, by Warrant from a Justice of the Peace, or Sessions of the Peace respectively, and delivered to the Town Treasurer or Overseers of the Poor, for the use aforesaid. And for want of such Goods whereon to make Distress, the Officer in the said War­rant shall be required to Seiz the Body of the Offender, and him com­mit unto Prison, to be there kept, until he shall answer and pay the said Fine or Forfeiture, with the Charges of levying the same.

And all Tything men that shall inform and prosecute for the breach of any penal Act, shall have the benefit of such part of the Forfeiture as does by Law accrue unto the Informer. Tythingmen allowed the benefit of Informers. And all per­sons prosecuted for breach of any Act relating to Retailing without Licence, the penalty whereof for one Offence exceeds not Forty Shillings, besides Charges may be convicted by two single Evi­dences upon Oath, tho' but one to one breach of such Act, so as both the breaches be within one month, the person accused or com­plained of not plainly and positively denying the Fact.

[Page 278] And be it further Enacted by the Authority aforesaid,

That every person to whom any Licence shall be granted be­fore the receiving or exercising of the same, Licensed per­sons also to enter into Recogni­scance, for paying their Excise. over and above the Re­cogniscance required for the due observation of the Laws, and keep­ing of good Rule and Order as aforesaid, shall also become bound unto His Majesty in a distinct Recogniscance, with sufficient Sureties, in manner as aforesaid, and in such Sum as the Justices in Sessions shall appoint. On Condition that the person so Licensed shall duly and truly pay the Duties of Excise for his Draught, according to the Rates by Law Established, or otherwise perform such Agreement for the same as shall be made with the Officer or Officers, that shall from time to time be appointed to agree for, and receive the said Duties. For which Recogniscance he shall pay the like Foe before mentioned.

And be it further Enacted,

Licences to be granted at the next General Ses­sions of the Peace, after the 29 of June annual­ly.That for the future the time of granting of Lincences to Inn-hol­ders and Retailers of Drink, shall be at the first General Sessions of the Peace that shall be held and kept in course within the several Coun­ties at or next after the nine and twentieth day of June annually, and that such as have already obtained Licences, shall hold them (unless they forfeit the same by breach of Law) until the General Sessions of the Peace to be held in the respective Counties as aforesaid, next after the nine and twentieth day of June, One Thousand Six hun­dred Ninety and Nine. Any Law or Usage to the contrary not­withstanding.

And the better to prevent Nursery's of Vice and Debauchery.

No more persons to be Licensed to keep Publick houses, than what are ne­cessary for refreshment of Trav [...]ll [...]rs &c. It is further Declared,

That the Justices of the General Sessions of the Peace in each County respectively, be, and hereby are directed not to Licence more persons in any Town or Precinct to keep Houses for common En­tertainment, or to Retail Ale, Beer, Cyder, Wine or strong Liquors within or out of doors, than the said Justices shall judge necessary for the receiving and refreshment of Travellers and Strangers; and to Serve the publick occasions of such Town or Precinct, having regard to the Law for the Qualification and Approbation of the persons so to be Licensed. And all publick Houses shall be on or near the high Streets, Publick hou­ses to be on high streets &c. Roads, and places of great Resort.

And be it further Enacted by the Authority aforesaid,

That the Clerk of the Inferiour Court of Common Pleas in each several County; And the Clerk of the Superiour Court of Judica­ture respectively, Clerks of the several Courts to put in suit Recogni­scences. by direction of the Court from time to time, shall by Wr [...]t of Scire Facia [...] prosecute to effect all such Recogniscances as shall be taken in Court, or before any Justice, whereof default is or shall be made in not performing the Condition of the same. And upon Execution awarded, to make out such Execution unto the She­riff of the County or his Deputy; who are accordingly to Levy the [Page 279] Sum therein expressed; and to account for the Monies or Estate Levyed for Satisfaction thereof, unto the Treasury, as by Law he is obliged. And no Recogniscance for the keeping of good Rule and Order in publick Licensed Houses, or for Retailing out of doors, shall be put in Suit for any breach thereof made, after the Expiration of two years from the time of taking such Recogniscance.

An Act, For the Relief and Release of poor Prisoners for Debt.

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

That it shall and may be lawful to and for any Justice of the Peace by Warrant under his Hand and Seal, Justice of Peace on the Petition of Prisoners for Debt to Ad­minister an Oath to them to require the Goaler or Keeper of any Prison within his Jurisdiction, from time to time to bring without delay the Body of any person being in Prison for Debt or Damages upon Execution (and petitioning such Justice to be discharged) to some convenient place not exceeding the distance of one mile from the said Prison, and to certifie the cause and causes of the Imprisonment before the same Justice, which Warrant every such Goaler and Keeper is hereby commanded to obey.

And in case such Prisoner coming before such Justice shall take an Oath to this Effect, viz. ‘ I A. B. do upon my Oath solemnly profess and declare before Al­mighty God, That I have not any Estate re [...] or personal in pos­session, Oath reversion or remainder of the value of Ten Pounds in the whole or sufficient to pay the Debt or Damages, for which I am Im­prisoned, and that I have not directly or indirectly Sold, Leased or otherwise conveyed, disposed of or entrusted all or any part of my Estate thereby to secure the same, to receive or expect any profit or advantage thereof to defraud or deceive any Creditor or Creditors whatsoever, to whom I stand Indebted.’

Then after the taking of such Oath the said Justice shall Remand the Prisoner to Prison, Notice of such Oath being taken to be given to the Credi­tor. and shall give a Certificate thereof in Wri­ting under his Hand and Seal to the same Prisoner, to be Served upon such person or persons, his or her Executors or Administrators, or to be left at the place of the usual abode of such person or persons, at whose Suit the Prisoner standeth charged and imprisoned, thereby appointing as well the said person or persons as the said Prisoner to appear before the Justices at the next General Sessions of the Peace, to be holden [Page 280] for the same County. And if it shall then appear upon Oath, (which Oath the said Justices are impowered to administer) that the said Certificate was so served or left fifteen days or more before the said Sessions, and that the said Oath taken by such Prisoner, be not dis­proved by good testimony of any credible person or persons upon Oath to be administred by the said Justices by virtue of this Act. Court of Ge­neral Sessions to set at liber­ty prisoners for Debt. Then the said Justices being satisfied therein, shall direct their War­rant under their Hands and Seals to the said Goaler or Keeper of the Prison, Commanding him to set at liberty, and discharge the said Prisoner, if imprisoned for the Causes aforesaid, and no other, without paying any thing for Fee or Chamber Rent, which War­rant shall be a sufficient discharge to the same Goaler or Keeper of Prison, and no Action of Escape, or other Action shall be brought against such Justice or Justices, Goaler or Keeper of Prison for the same in any wise, and upon any such Action or Suit brought, he or they may plead the general issue, and give this Act in Evidence which shall be a good and sufficient Discharge, and shall save harmless every such Justice or Justices, Goaler or Keeper, pleading the same. And if the Plaintiff in any such Action, shall be Non suited, or Verdict pass against him, the Defendant shall have double Costs to be taxed by the Court where such Action is brought.

Provided always, and be it Enacted by the Authority a­foresaid,

That when such Prisoner or Prisoners for Debt shall have legal­ly taken the said Oath in this Act proposed to be taken, Creditors to make an al­lowance for the maintain­ance of such Prisoners for Debt, as they shall desire to be continued in prison, not­withstanding their having taken the Oath as a­foresaid. and shall have duely Summoned his or their Creditor or Creditors, if such Creditor or Creditors after the said fifteen days time shall make no discovery of any Estate of such Prisoner or Prisoners, nor dis­prove the said Oath, and detect him or them of forswearing him or themselves, and notwithstanding will not be satisfied therewith (that the said prisoner or prisoners may be set at liberty) or will insist to have the said prisoner or prisoners continued in Goal. Then the said Creditor or Creditors shall at his and their own Costs and Char­ges allow and pay weekly a reasonable maintainance to the said pri­soner or prisoners themselves, such as the said Justices shall order and appoint, not exceeding Two Shillings & Six-pence a week, & upon non-payment of the same weekly, the said prisoner or prisoners shall be set at liberty according to the true intent and meaning of this Act. And if within the space of three months after such weekly allowance by any Creditor, no Estate of the prisoner shall be discovered or made out before two Justices of the Peace of that County where the said prisoner is kept in prison, The Prisoner upon default of having such main­tainance al­lowed him, to be set at liberty. then the said prisoner shall forthwith be discharged by Warrant under the Hands & Seals of any two Justices of the Peace in the County where said prisoner shall be so in prison, to the Keeper of such prison in that behalf directed, as fully and amply as if such prisoner had been discharged by the Justices of the Peace at the General Sessions of the Peace, as is herein before direct­ed, and from thenceforth the said weekly allowance shall cease and determine, as if the same had never been made.

[Page 281] Provided also, That if at any time after the taking of the aforesaid Oath, Penalty on Prisoners convicted of false Swear­ing. the s [...]id prisoner or prisoners shall upon any Indictment or Indictments, or by his or their own confession or verdict of twelve men, be convicted of false Swearing in any point or article contained in the said Oath, then such prisoner or prisoners so convicted as aforesaid, shall suffer the pains and forfeitures as by Law are to be in­flicted upon any person convicted of wilful Perjury. And also the Court by Process out of which the prisoner was imprisoned, shall award a new Process directed to the Sheriff or his Deputy of such County, and shall remand the said Prisoner into the prison whence he or she was dismissed, there to remain in Execution in such manner and condition as he or she was before his or her said Enlargement, and then and from thenceforth shall be adjudged to be in Execution fully, as if he or she had never been dis­charged thereof. And the Execution and Executions upon his or her Lands, Tenements, Hereditaments, Goods and Chattels, it a­ny such happen to be, after his or her said Discharge out of Pri­son, and before he or she shall be remanded, shall stand also good and effectual in Law. Any Law, Usage or Custom to the contrary notwithstanding.

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

That notwithstanding the discharge of the person of such Prisoner as aforesaid upon taking the Oath aforesaid, Judgments a­gainst the Lands &c. of any Prisoner to stand good, not­withstanding his discharge upon taking the Oath a­foresaid. all and every Judg­ment had and given against him or her, shall be and stand good and effectual in Law to all intents and purposes against the Lands, Tenements, Goods and Chattels only, of the said Prisoner so discharged as aforesaid; and it shall, and may be lawful, to and for such Creditor of such P [...]isoner or Prisoners so discharged as aforesaid, his Executors, Administrators or Assigns, to take out any new Execution against the Lands, Tenements, Hereditaments, Goods and Chattels of such Prisoner or Prisoners (his or her wearing Apparrel, Bedding for him and his, or her Family, and Tools necessary for his or her Trade and Occupation only excepted) for the satisfaction of his or their said Debt, in such sort, manner and form as he or they might have done if the person or persons of such prisoner or prisoners had never been taken in Execution. Any Law or Custom to the contrary notwithstand­ing.

Provided also, in case any Goaler or Keeper of Prison shall re­fuse or delay to bring or discharge and set at liberty any prisoner according to the order of the Justice or Justices, Penalty on any Goaler refusing to set any Prisoner at liberty when duely required. to be made in man­ner as aforesaid. Every such Goaler or Keeper of Prison shall forfeit and pay to such Prisoner detained contrary to such Or­der, the Sum of Twenty Pounds, to be recovered by Action of Debt in any Court of Record, and shall also be subject to such Fine and punishment as the said Justices of the Peace shall upon Com­plaint thereof to them made, order and award.

[Page 282] Provided also, And be it further Enacted, That no person shall be discharged by this Act that hath not or shall not before such Oath made, No person to be discharged that hath not been in Pri­son one month, &c. have remained in prison by the space of one month, nor shall any person be discharged by this Act, who shall stand charged in Execution, with more than the Sum of Five Hundred Pounds to any one person, principal money and damages.

Provided also, That no Creditor insisting to have his Debtor continued in Prison, shall be bound to make any weekly allowance for the subsistance of the Prisoner where the Father, Creditor not obliged to maintain Pri­soners having able Relati­ons. Mother, Son or Daughter, or other person who by the Law of this Province, are bound to maintain him in discharge of the Town, if he were at large, are of sufficient ability to maintain such Prisoner.

And if any Creditor insisting to have his Debtor continued in Pri­son, and ordered to make allowance towards his maintainance, shall desire to have his Debtor, Debtors used to labour &c. to satisfy their Debts by Ser­vice, if desi­red by the Creditor. (being a person formerly using any Han­dicraft or day labour, and not having a Wife or Family) to satisfie such Debt by Service; the Justices at the General Sessions of the Peace within the same County, shall direct and order the Term for which such Debtor shall Serve, and the Creditor shall, and hereby is im­powered to detain and hold him in Service, during such Term.

Provided also, That this Act shall not extend to any person or persons in Execution for any Fine on him or her imposed.

And be it further Provided and Enacted.

Persons liable to answer the Debt of any Prisoner, not to be freed there from by the Discharge of the Priso­ner.That the discharge of any person or persons by virtue of this Act, shall not amount unto or be construed to free or discharge any other person or persons joyntly or severally bound for, or liable to answer or satisfy the said Debt, or any part thereof, either as Principal or Surety, but that such other person or persons shall be liable to answer the said Debt and Damages in such manner to all intents and purposes, as they were before the discharge of such Pri­soner.

Provided also, That no Prisoner shall be discharged by virtue of this Act, Prisoners when dischar­ged to give in a Schedule upon Oath of Debts &c. to them ow­ing. until he shall before the Justices of the Peace, who are by this Act impowered to discharge him; declare upon his Oath (which Oath the said Justices are hereby impowred to administer) what Effects are belonging to him, or what Debt or Debts are then owing to him within any of His Majesties Dominions or elsewhere, and by whom, and for what cause, and upon what security; of all which a Schedule shall be made in the presence of such Justices, and subscribed by the Prisoner, and shall be by such Justices returned to the next Sessions, there to be kept for the better Information of the Creditors of such Prisoner, who or such of them as will joyn may thereupon Sue for such Debt, or so much thereof, as will reasonably satisfie them in the name of the Prisoner, and after the same re­covered, to render the Overplus (their own Debts and Charges subducted) to the Prisoner.

An Act, For Explanation & Addition to the Act for Regulating of Fences, Cattle, &c.

FORASMUCH as in and by an Act of this Province, Entituled, An Act For Regulating of Fences, Cattle, &c. made and passed in the Fifth Year of the Reign of His present Majesty, and His late Royal Confort, Queen Mary, of blessed Memory, amongst other things there­in contained, It is Enacted, That in every Town and Peculiar within this Province, there be annuall [...] [...]hosen by the Inhabitants thereof, two or more meet persons to be viewer. [...] Fences; but no penalty provided by the said Act, in case the persons so Chosen refuse to accept thereof.

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

That every meet person that shall hereafter be chosen a Viewer of Fences within any Town, or Peculiar in this Province, Penalty for not Serving as a Fence Viewer. Refusing to accept thereof, or to be Sworn to the faithful discharge of that Office, shall forfeit and pay to the use of the poor of such Town or Pecu [...]iar, the Sum of Twenty Shillings, and another shall be forth­with chosen in his room. And every person from time to time, chosen and sworn to the said Office, upon due notice given him, and being requested by any person or persons interested to view any in­sufficient and defective Fence in and about any general or common Fi [...]ld, or in and about any particular Field or Inclosure, Penalty for not attending his duty. shall forth with attend the same: On pain of Forfeiting the Sum of Twenty Shillings, one moiety thereof to the use of the poor of the Town or Peculiar, and the other Moiety to him that shall inform or sue for the same. And each Fence Viewer shall be allowed Three Shil­lings a day, and proportionably for half a day, Allowance. and under that Six pence an hour for his time spent in Viewing of any Fence or Fences, to be paid him by the party that sets him on work, who shall be reimburst the same by the Owner or Owners of the defective Fence. And when and so often as it shall happen, a­ny Fence to be broken or fal'n down, or to be otherwise defective, the Owner or Occupant of the Land to which such Fence belongs, upon notice thereof given him shall forthwith repair the same. And in case he refuse or neglect so to do, the Fence Viewers shall cause the same to be sufficiently repaired as the Law directs. And ail divisional Fences betwixt man and man shall be kept up in good repair for the whole year, unless the Proprietors of the Lands shall otherwise agree.

[Page 284] And be it further Enacted by the Authority aforesaid,

That for the better enabling of the Fence Viewers to discharge their Duty according to the true intent of the Law, Fence View­ers to be im­powred by a Warrant to impress work men &c. It shall and may be lawful to and for any Fence Viewer by Warrant from the next Justice of the Peace, or Select men, (in such Towns where no Justice dwells) or the major part of them, who are hereby respectively im­powered to make out such Warrant, to impress Workmen and Teams for the speedy repairing and making up of Fences that are defective or wanting; paying double the usual and accustomed Rates for such Teams and Workmanship and to the Fence Viewer for his time, to be adjusted and determined by the Select men, and to be by him re­covered against the Owner or Occupier of the Land about which such Fence is set down or repaired, in manner as the Law directs.

And be it further Enacted by the Authority aforesaid,

That every party interested in any common or general Field shall from time to time make and maintain his just and due part and pro­portion of the Fence for enclosing the same according to his interest therein, Fence of common fields to be maintained by the Pro­p [...]ietors in proportion. in such manner as hath or shall be agreed on by the major part of the Propriety, the whole being duely warned and met to order the same, and the Orders so made shall be binding and obli­ging upon the Proprietors absent. And a third part of the propriety in such common or general F [...]eld, shall and may call and summon a Meeting of the whole from time to time, as there shall be cause.

And no Proprietor in any such Field shall put or cause to be put any Beast, Cattle or Sheep thereinto, over and above the number al­lowed him, or keep them longer there than the time set and limited by the major part of the Propriety or Interested, on penalty of an­swering double the damages that shall happen or accrue thereby, to be recovered in any Court proper to try the same.

And it is further Enacted,

That all partition Fences betwixt Lands under improvement, shall be made and maintained from time to time in equal halves by the Owners or Proprietors of such Lands respectively. Parti [...]on Fences to be maintained by the Pro­prietors in equal halves. And in case any Proprietor of Land shall improve his Land (the Land adjoyning not being under improvement) and so make the whole partition Fence; When & so soon as the Owner or Proprietor of the adjoyning Land shall also improve his, he shall pay for the one half of such partition Fence, according to the value thereof at that time, and keep up and maintain his half part thereof from thence­forward; But if either of such Proprietors adjoyning do cease to make improvement of his Land, he that continues so to do, shall have liberty to purchase the other part of such partition Fence, as it shall then be valued to be worth, by persons indifferently chosen by each party for that purpose: And in case any person Improving as aforesaid, shall neglect or refuse to make and main­tain one half of the partition Fence betwixt his Land and the Land next adjoyning, the Owner or Proprietor of such Land adjoyning, [Page 285] shall be liable to a [...] and to have recovered of him in any Court proper to try the same the full value of the one half of such parti­tion Fence according to Estimation thereof upon apprizment, by the other party who makes and maintains the whole Fence, together with his damage sustained by such neglect or refusal as aforesaid, saving always to every person and persons any particular Agree­ment or Agreements touching the making and maintaining of such divisional Fence between their Lands. Fines & Pe­nalties where to be reco­vered.

All Fines, Penalties, Forfeitures or Payments accruing by virtue of this Act from time to time to be had, sued for and recovered in any Court proper to try the same.

Provided, Proviso for house Lots not exceed­ing ten acres. This Act shall not extend to House Lots not exceeding ten acres, but if the Owner or Owners of such Lots shall im­prove, his Neighbour shall be compell [...]ble to make and maintain one half of the Fence between them, whether he improve or not.

Provided also, That it shall and may be lawful, major part of the propriety in general field to lay down the same at plea­sure. to and for the major part of the Interests or Propriety in any common or ge­neral Field, to dissolve & lay down the same at pleasure; All the Propri [...]to [...]s being first duely warned, and there being six months time given b [...]fore any such Field is laid down

An Act, To prevent Default in the appearance of Jurors.

WHEREAS the Issues or Fine set upon Jurors for default of appearing and attending the Service of the several Courts of Justice within this Province whereto they are respectively Summoned, is by Law limited unto Twenty Shillings; whereby persons most able, and suffficient oftimes decline the Service, choosing rather to incur and vndergo so small a penalty; which may prove a general in­convenience▪ and tend greatly to the damage of particular personsin cases of the greatest moment and concern. For Remedy whereof,

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

That it shall and may be lawful to and for the Justices of the Su­periour Court of Judicature, Court of Assize and General Goal deli­very, and the Justices of the General Sessions of the Peace, and of the Inferiour Court of Common Pleas respectively, to set reasonable Fines upon Jurors duely returned to Serve in the said several Courts, and making default, at the discretion of the said Justices, not exceed­ing the Sum of Forty Shillings each; And to cause the same to be Le­vyed. Any Law Usage or Custom to the contrary notwithstanding.

An Act, For granting unto His Majesty a Tax upon Polls and Estates.

WEE 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 payment of the Debts justly due and owing from this Province, For the Subsistance and paying of Wages to Souldiers and Seamen that have been, are, or shall be imployed in His Majesties Ser [...]ice, & for the prosecuting and subduing of the Indian Rebels, and other Charges and Expences that shall arise thereupon; For the payment of such Salaries, Gratuities and Allowan­ces as have been or shall be made by the General Court or Assembly, and all such Allowances and payments as are directed by any Act of this Pro­vince to be made out of the Publick Treasury; For the Support of the Go­vernment, and answering of the incident and contingent Charges thereof, and for no other ends, uses or intents whatsoever: Do unanimously Grant unto His Most Excellent Majesty, A Tax of Three Thousand Forty Nine Pounds, Ten Shillings in Money to be Levyed upon Polls and E­states both real and personal within the said Province, as in and by this present Act for the manner and proportion 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 seasonably send out his Warrants, directed unto the Select men, Trustees or Assessors of each respective Town or Precinct within this Province, Requiring them to Assess the Sum 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 Praesident, Fellows and Students of Harvard Colledge, Grammar School Masters, & such who through Age, Infirmity or extream poverty in the judgment of the Select-men, Trustees or Assessors are rendred incapable to contribute to­wards publick Charges) at Two Shillings on the Poll, & 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, Tenure or Occupation soever the same shall be found, at One Penny on the Pound, and to be abated or multiplied (if need be) so as to make up, together with what shall arise upon Polls, the full Sum hereby proportioned and set upon such Town or Precinct, Houses and Lands to be Estimated at the yearly Rent or Income, whereat they usually are or may reasonably be Let for in the places where they lye; All Indian, Molatto, and Negro Servants, to be Esti­mated [Page 287] as other personal Estate, according to the sound judgment and discretion of the Assessors, not excluding Faculties: Also Requiring the said Select men, Trustees or Assessors to make fair Lists of the said Assessment, setting forth in distinct Columns against each par­ticular persons name how much he is assessed at for Polls, Houses and Lands, and personal Estate or Faculty; and the List or Lists so perfected and signed by them or the major part of them, to commit to the Collector, Constable or Constables of such Town or Precinct: And 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 himself some time before the Tenth Day of August next en­suing: And the Treasurer upon receipt of such Certificate is hereby Impowered and Ordered to issue forth his Warrants to the Collector Constable or Constables of such Town, requiring him or them re­spectively to Collect the Sum Total of the List or Lists to them committed, and to pay the same into the Treasury, and issue the Accompts thereof with himself or his Successor in said Office, at or before the last da [...] o [...] October next coming. And the Treasurer is hereby also directed to send his aforesaid Warrants inclosed to the Sheriff or Marshal of each respective County, who is [...]equired im­mediately to disperse and transmit the same unto the Select men, Trustees, Ass [...]ssors, Constables, or Collectors of the several Towns and Precincts wi [...]hin such County, according to the directions there­of; And for his Service, Charge and Expence therein, shall have a reasonable allowance ordered him by the Justices of the General Sessions of the Peace in the same County, to be paid 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 Sum hereafter following.

That is to say,

And be it further Enacted by the Authority aforesaid,

That the Select men or Trustees in each and every of the several Towns and Precincts before mentioned, shall be the Ass [...]ss [...]rs of such Towns or Preci [...]s proportion herein before set unto this present Tax (where [...]ny others specially chosen or to be chosen for that pur­pose refuse to accept thereof) and all Ass [...]ss [...]s before they enter upon the said work shall take the Oath following

That [...] say, ‘ [...]’

Which [...]ath every Justice of the Peace and Town Clerk respect­ively [...] Town where no Justice does reside is hereby im­powered [...] Assessor [...] the Service [Page 290] aforesaid, shall paid out of the Town Treasury, Two Shillings Per Diem for each day he is necessarily imployed there-about.

And be it furthet Enacted by the Authority aforesaid,

That if the Select-men, or Trustees of any Town or Precinct, (or other Assessor accepting that Trust) shall neglect or refuse to perform the Service required of them by this Act or to take the Oath appointed as aforesaid for the due performance thereof, they shall Forfeit and pay the Sum herein before set and proportioned up­on such Town or Precinct, to be Levied by Distress and Sale of the Estates real or personal of such defective Select men, Trustees or Assessors by Warrant from the Treasurer directed to the Sheriff or Marshal of the County in which such Town or Precinct lyes, and for want of Estate, their Bodies to be taken and imprisoned, until they pay the same. And all Sheriffs, Constables or Collectors fail­ing of performing the Duty and Service of them respectively hereby required, 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 the Treasurer shall be, and is hereby also impowered 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 any Act or Acts of the General Assembly, or any clauses, branches or articles thereof, to enforce the collecting and paying in of any former Tax or Taxes whatsoever, as fully and effectually as if the same rules, directions, powers and authorities had herein been again particularly recited and re-enacted, and notwithstanding any limitation or re­straint thereof in or to the particular Act or Acts wherein the same are enumerated, set down and expressed.

And be it further Enacted by the Authority aforesaid,

That if any person be agrieved at the Sum set upon him as his proportion towards this Tax, such person making application to the Select men or Assessors, and demonstrating that he is rated more than his proportion to the Sum set upon their Town, said Select-men or 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 whereas divers Towns or Precincts within this Province are behind and in Arrear of their proportion to several former publick Taxes and Assessments some years since granted, and set upon them; and by reason of the Calamities of the War, and other adversities [Page 291] and difficulties befalling of them; by the removal and death of Constables, Collectors and other Inhabitants, alteration of the pro­perties of Estates, and otherwise they are rendred incapable to make good the same.

Wherefore for the final Settlement and issuing of the Accompts thereof,

It is Enacted and Declared by the Authority aforesaid,

That the Towns and Precincts herealter named, be abated, remitted and forgiven the Sums herein mentioned of their respective proportions unto former Taxes and Assessments unpaid.

That is to say,

Southfield, Two Hundred Twenty Eight Pounds, Four Shillings & Nine-pence. Enfield, Forty One Pounds, Three Shillings. Oxford, Thirty Three Pounds, Six Shillings. Isles of Sholes, Twenty Two Pounds. Northamp­ton, Eight Pounds, Six Shillings. Salisbury, Fifteen Pounds, Fourteen Shillings and Six pence. Dedham, Thirty Pounds, Fourteen Shillings and Eight pence. Kitterey, Thirty Six Pounds. York, Twelve Pounds. Manamoit, One Pound Seven Shillings and Six pence. Salem, Thirty Nine Pounds, which is Resting in Simon Willards hands, and is to be discounted and set off with said Willard, for what he claims to be due to him for Service as a Captain by Commission from Sir Edmund Andros when those claims shall he paid. Cambridge, Forty Four Pounds, Three Shillings and Seven p [...]nce. And Charlstown, One Hundred Forty Four Pounds, Eleven Shillings and Six pence, saving only Ten Pounds thereout, which the said Town of Charlstown is to pay unto Samuel Gookin, late Collector, there over and above what he has already re­ceived; and the said Town shall have the benefit of what is lying in the hands of [...] Frost, late Constable in the same, of the Col­lections made by him: upon payment whereof his Estate taken in Execution for the same shall be discharged.

And it is further Enacted and Declared,

That the Select men of the Towns of Charlstown, Cambridge and Dedham, and of each of them, be, and hereby are respectively im­powred to nominate and appoint one or more Collectors within their several Towns, to gather in such and so much of the said Ar­rears herein remitted of their proportion to former Taxes as are outstanding and unpaid by their particular Inhabitants according to the Lists thereof, to the use of the said Towns respectively; And to call in all Lists and Papers in whose hands soever the same be relating thereunto.

And Whereas notwithstanding the above mentioned Abatements, there rests due from some of the said Towns in Arrears to their proportion of formar Taxes, the Sums following, to be paid into the Treasury.

That is to say,

From Charlestown, Sixty Pounds, from Cambridge, Sixty Pounds, from Dedham, Seventy Pounds, and from Salisbury, Eleven Pounds Four Shillings and Eight Pence.

[Page 292] Be it therefore Enacted and Declared by the Authorirty aforesaid,

That the Treasurer in his Warrant to be issued to the Select-men, Trustees or Assessors of the aforesaid Towns of Charlestown, Cam­bridge, Dedham and Salisbury, for Assessing the Sums in and by this Act set and proportioned unto them respectively, shall require them to Assess together therewith the aforesaid Sums remaining due from each of the said Towns, and to commit the same also to the Collector, Constable or Constables of such Town, who shall be enabled by the Treasurers Warrant to collect and pay in the same in manner and time as is directed for the Tax herein granted.

Provided nevertheless, That forasmuch as John Phillips Esq. late Treasurer, heretofore drew an Order on the then Collectors in said Town of Cambridge, for the payment of Thirty Pounds unto Captain Andrew Belcher, which is part of the Sixty Pounds before-mentioned: The said Order with Capt. Belchers Receipt thereon being brought in, shall be accepted in discharge of the said Town of Cambridge in the Treasury from so much of the said Sixty Pounds, and only the remaining Thirty Pounds of the said Arrear to be Assessed & Collected upon them.

And whereas there is outstanding & unpaid the several propor­tions of the Towns of Bristol, Dartmouth, and Little Compton with­in the County of Bristol, unto the Tax or Assessment granted by the General Assembly, at their Session in October last past, viz. From Bristol, Fifty Two Pounds, Ten Shillings. From Dartmouth, Eighty One Pounds. From Little Compton, Fifty Four Pounds; which Sums were assessed upon the Inhabitants of said Towns respectively, by the Select men, and committed unto the Constables then in being, to be Collected, but through some failure not perfected by them.

Be it therefore Enacted by the Authority aforesaid,

That the Treasurer do forthwith send Warrants unto Usal Wardel, and John Allen, late Constables of Bristol To John Spooner and John Soale, late Constables of Dartmouth, and to John Cox and George Peirce, late Constables of Little Compton. Impowring and requiring them, and every of them respectively, to collect of the Inhabitants of their several Towns, the before-mentioned Sum assessed upon them as aforesaid, being their Towns proportion to the said for­mer Tax, and to pay in the same to the Treasury on or before the Twenty Sixth Day of August next ensuing.

And upon their or either of their failure or neglect to perform their duty in that behalf, the Treasurer is hereby Impowred by Warrant under his Hand and Seal, to c [...]se the said Sum and Sums respective­ly to be Levyed upon the Estate or Person of such of the said Con­stables that shall make default as the Law does provide in like cases.

An Act, For Granting unto His Majesty several Duties of Impost, Excise and Tunnage of Shipping.

WEE His Majesties Loyal and Dutiful Subjects, the Representatives of this His Majesties Province of the Massachusetts Bay in New England, Taking into Consideration the necessity of granting a Supply of Money, for the discharge and payment of the Debts already contracted, and for defreying of the future growing Charge in Support of the Government within this His Majesties Province, and for answering of the incident and contingent Charges in and about the same; For the subsisting and paying of Wages to Souldiers that are and shall be imployed in His Majesties Service for the defence of His Majesties Sub­jects and Interests within this Province, and the Suppressing of the Indian Rebels: For payment of the Salaries and Allowances to the Officers imployed in and about the Execution of this Act, and such other Salaries, Gratuities and Allowances as have been or shall be made by the General Assembly: Have cheerfully and unanimously given and granted, and do hereby give and grant unto His Most Excellent Majesty, to the ends and intents afore­said, the several Duties and Impositions upon all Wines, Liquors, Goods, Wares and Merchandizes that shall be Imported into this Province, Excise, and Tunnage of Shipping herein after-mentioned and expressed: And pray that it may be Enacted.

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

That from and after the Twenty Ninth Day of June, Continuati­on of the late duties on Wines &c. unto the 29. of October 1698. in this pre­sent year of our Lord, One Thousand Six Hundred Ninety Eight, until the Twenty Ninth Day of October thence next fo [...]lowing, the several Rates and Duties set upon all Wines and Liquors that shall be Imported into this Province, in and by the Act Entitu­led, An Act, For granting unto His Majesty, several Duties of Impost, Ex­cise and Tunage of Shipping, made and passed by the General Assembly begun and held at Boston, the Twenty Sixth Day of May in the ninth year of His present Majesties Reign, be, and hereby are continued to be paid by the Importer thereof, as in and by the said Act i [...] directed.

And that from and after the said Twenty Ninth Day of October for and during the continuance of this present Act there shall be paid, by the Importer of all Wines and Liquors that shall be Imported into this Province, the Rates and Duties in and by this present Act here under set and expressed, and no other or greater.

[Page 294] That is to say,

For every Pipe of Common Wine of the Western Islands, the Sum of Twenty Shillings.

For every Pipe of Passado Wine, Forty Shillings.

Duties to be paid for Wines & Li­quors.For every Pipe of Madera Wine, Thirty Shillings.

For every Pipe of Canary, Malmsey, Malago or Sherry Wines, Forty Shillings.

For every Pipe of Port Wine, Thirty Shillings.

For every Pipe of Wine not of any of the sorts before-mention­ed, Thirty Shillings.

And so proportionably for greater or lesser quantities.

And for every Gallon of Rhum or other Spirits Imported as afore­said, Six pence.

And be it further Enacted,

That from and after the Twenty Ninth Day of June aforesaid, in this present year of our Lord, One Thousand Six Hundred Nine­ty Eight, for and during the continuance of this present Act, there shall be paid by the Importer, For all Goods, Wares and Merchan­dizes that shall he Imported as aforesaid (Salt, Cotton Wool, Pro­visions, and every other thing of the growth and product of New-England excepted) the several Duties and Impositions following.

That is to say,

For every Hundred Pound Sterling in English Merchandizes at the prime Cost in England (the Original Invoices thereof to be produced and shewn) the Sum of Ten Shillings. Duties to be paid for Goods & Merchandi­zes.

For every Hogshead of Sugar, Two Shillings.

For every Hogshead of Molasses, One Shilling.

For every Hogshead of Tobacco, Two Shillings Six pence.

For every Ton of Logwood, Three Shillings.

And for all other Commodities, Goods, Wares & Merchandize (except as before excepted) One penny for every Twenty Shillings value here.

All which aforesaid Imposts, Rates and Duties shall be paid in currant Money of this Province, unto the Commissioner for Impost to be appointed as in and by this Act is hereafter menti­oned & expressed, One half of the Duties on Wines &c. to be paid before land­ing, the other half in three months. or to his Sub-receiver, the one half thereof for Wines and Liquors, and the whole for Goods and Merchandizes, at or be­fore the Landing of any Wines, Liquors or Goods, and three months time to be allowed to the Importer for payment of the other half for Wines and Liquors if he shall desire the same, and give Bond with sufficient Security to the Commissioner or Receiver, to be by him appointed, for payment thereof accordingly; otherwise the whole to be paid at or before the Landing of any such Wines or Liquors. And all Entries where the Impost or Duty to be paid doth not exceed Four Shillings, shall be made without Charge to the Importer, Fee for entry. and not more than six pence to be paid for any other single Entry to what value soever. And for every Bond to be given as aforesaid, Fee for bond there shall be paid Twelve pence and no more.

And be it further Enacted by the Authority aforesaid,

[Page 295]That if all or any Wines or Liquors as aforesaid shall be Landed within this Province, and afterwards be Exported out of the same within twelve months after Importation thereof (being so made to appear) there shall be repaid or discounted by the said Commissioner or his Order unto the Importers or their Assigns, the respective Sums following. That is to say,

For every Pipe of Common Wine of the Western Islands, the Sum of Ten Shillings. Draw back for Wines & Liquors ex­ported.

For every Pipe of Passado, Canary, Maimsey, Malago or Sherry Wines, Twenty Five Shillings.

For every Pipe of Madera, Port Wine, or Wines not of any of the forts before mentioned, Twenty Shillings.

For every Gallon of Rhum or other distilled Liquors Imported as aforesaid, Four pence half penny.

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

That there shall be given granted and paid unto His Majesty for the use before mentioned, in currant money of this Province, Duties of Ex­cise. from & after the said Twenty Ninth Day of June, in this present year, One Thousand Six Hundred Ninety Eight, during the continuance of this Act, An Excise upon all Wines, Brandy, Rhum, and o­ther distilled Liquors, Beer, Ale, Perry, and Cyder that shall be Sold by Retail in any Town or place within this Province by those that shall Retail the same, according to the several Rates herein after mentioned and expressed. That is to say,

For every Gallon of Common Wines of the Western Islands, the Sum of Six pence.

For every Gallon of Passado, Malago, Malmsey, Canary or Sherry Wines; the Sum of Twelve pence.

For every Gallon of Madera, Port Wine, or other Wines not of any of the sorts before mentioned, the Sum of Eight pence.

For every Gallon of Rhum, and all other sorts of distilled Spirits, the Sum of One Shilling.

For every Barrel of Beer, Ale, Perry and Cyder, the Sum of One Shilling and Six pence.

And after the same rate for any greater or lesser quantities.

And be it further Enacted by the Authority aforesaid,

That from and after the said Twenty Ninth day of June in this present year, One thousand six hundred ninety eight, during the continuance of this Act there shall be paid by the Master of every Ship or other Vessel above Twelve Tuns coming into any Port or Ports of this Province to Trade or Traffick the major part of the Owners whereof are not belonging to this Province; Tunage of Powder duty every Voyage such Ship or Vessel do's make the Sum of Twelve-pence per Ton, or one pound of good and new Gunpowder for every Ton such Ship or Vessel is in burthen, to be imployed for the supply of His Ma­jesties Castle and Forts within this Province.

[Page 296] And be it further Enacted by the Authority aforesaid,

That all and every the Sections, Paragraphs, clauses, articles, pow­ers, authorities, penalties and proviso's mentioned, expressed and contained in the afore recited Act passed by the General Assembly, at their Session begun and held the Twenty Sixth Day of May. Continuati­on of former Powers to the Officers In the Ninth Year of His Majesties Reign, Entituled, An Act, For Granting unto His Majesty, several Duties of Impost, Excise and Tunnage of Shipping, which any ways relate to the managing, levying or collecting of the Duties of Impost, Excise and Tunage of Ship­ping therein granted, or for the preventing of Frauds, be, and hereby are revived to abide, remain and continue in full force for and during the continuance of this Act, and shall be applied, practised, executed and observed by the respective Offi­cers and persons whom they may concern, for the managing, levy­ing and collecting of the Duties of Impost, Excise and Tunnage of Shipping, granted in and by this Act as fully and effectually to all in [...]ents and purposes, as if the same had herein been again particularly recited and re enacted.

And be it further Enacted by the Authority aforesaid,

That when and so often as any Wines or Liquors shall be Seized for being Landed before the Duty and Impost thereof be paid or se­cured to be paid as by this Act is provid [...]d: Onus probandi The p [...]oof whether the Duties for such Wines or Liquors be paid, or secured to be paid, shall lye upon the Claimer, whose Oath shall be accounted suffi­cient proof. And any one Justice of the Peace shall, and hereby is Impowred to make out his Warrant for searching of any Houses, Power to S [...]arch and break open dores. Cellars or Ware houses for Wines or Liquors, that he shall be infor­med where they are carried to be concealed, in prejudice of this Act, and in the presence of the chief Officer of the Impost in the same Port, to break open the doors of such Houses, Cellars or Ware houses, where entrance shall be denied, in such manner and sort and under the same Provisos as any two Justices of the Peace by virtue of the afore-recited Act, could or might have done.

Penalty on Masters Suf­fering Wines or Liquors to be fil'd up on board.And no Master of any Ship, or other Vessel, shall suffer any VVines to be filled up on Board, without giving a Certificate of the quantity so filled, under his Hand before the Landing there­of to the chief Officer of the Impost in such Port; on pain of Forfei [...]ing the Sum of Fifty Pounds, one half thereof to His Ma­jesty, for the uses and intents for which the afore mentioned Du­ties of Impost, Excise, and Tunnage of Shipping are granted, and the other half to him or them that shall inform and sue for the same in any Court of Record.

Wines and Liquors to be entred & du­ties paid within four day [...]s after entry of the Ship. And be it further Enacted by the Authority aforesaid,

That all VVines and Liquors liable to the aforesaid Duties of Impost, which shall not be Entred, and the Duties thereof paid or secured to be paid within the space of four days, from and next a [...]ter the Entry of the Ship or other Vessel whereon the same [Page 297] are Imported, may by the Officer of the Impost in such Port, be brought on Shore and put into the publick Store-House, until the Duty and Charge be satisfied; and such Officer or Officers of the Impost shall be, and hereby are Impowred to Enter any Ship or Vessel, and cause such Wines or Liquors, not Entred as aforesaid, to be brought on Shore and secured.

Provided nevertheless, That when and so often as any Wines or Liquors shall by the Importer, Wines or Li­quors export­ed on the same bottom, with intent not to be landed, to be free from Impost. be really and bona fide designed and intended not to be Landed within this Province, but Transported to some Port or place in another Plantation or Government, upon the same Ship or Vessel whereon they were Imported & upon the Accompt or Risque at the Importer or Owner without altering or transferring the property thereof to any other person; And such Importer making Oath before the Commissioner or chief Officer of the Im­post in the same Port where such Ship or Vessel is Entred, that such Wines or Liquors shall be so Transported as aforesaid, for the pro­per account and Risque of the Importer, Oath thereof to be made. or person that Ship't the same, and not be Landed or put on Shore within this Province by his Order, privity or procurement (which Oath the Commissioner or chief Officer of the Impost in that Port are respectively impow­red to Administer:) In every such case it shall and may be lawful to and for such Importer, to be Entred. to keep such Wines or Liquors on Board the same Ship or Vessel, without paying Impost for the same, or being liable to Seizure; So as Report and due Entry thereof be made as of other Wines or Liquors that are to be Landed.

And it is further Enacted,

That all Oaths appointed by this or any other Act to be made at the Impost Office, shall be taken before the Commissioner, Oaths to be administred by the Com­missioners or chief Officer of Impost. or chief Officer of the Impost in each respective Port, and not otherwise. Any Law or Custom to the contrary notwithstanding.

And be it further Enacted: [...] the Authority aforesaid,

That there be one fit person and no more nominated and appoint­ed by this Court as a Commissioner & Collector to have the general Inspection care and management of the said Office of Impost, Commissio­ners for ma­naging. & Tun­age of Shiping or Powder duty aforesaid, & whatsoever relates unto the same; and that there be two n [...] persons and no more, nominated and appointed by th [...] Court as Commissioners or Collectors, to have the general inspect [...], care and management of the said Office of Excise, and whatsoever [...]elates thereunto; which Commissioner and Commis­sioners respectively shall receive Commission for their said respective Offices, from the Governour or Commander in Chief for the time being, with authority to nominate, appoint, imploy and impower such and so many Officers under him and them respectively, as with the advice of the Treasurer for the time being, of this His Majesties Province, he and they shall think neccessary, for the well-order­ing and managing of the Affairs relating to each of the said Offices, and the better to prevent Frauds, and to grant them War­rants [Page 298] for executing of the same. And the said Commissioner and Commissioners respectively, and all other Officers under him and them, before their entring upon the Execution of their respective Offices, shall be Sworn to deal truly and faithfully therein, which said Commissioner and Commissioners respectively, Commissio­ners & other Officers to be Sworn. shall keep fair Books of all Entries and Duties arising by this Act, and the same to lye open at all seasonable times, to the view and perusal of the Treasurer and Receiver General of this Province with whom he and they shall also Accompt for all Collections and Payments, and pay in all such Monies as shall be in his and their Hands as the Treasurer shall demand it; to keep fair Accompts. and the said Commissioners shall have and receive such Sum and Sums as the General Assembly shall think [...] to allow him and them, for his and their labour, care and expences in the said Affair, and all other Officers, imployed under the said Commissioner and Commissioners respectively, shall be paid for their Service, as he and they, together with the Treasurer shall agree upon reasonable Terms. And the said Commissioner for Impost and Tunnage of Shipping, their power. or Powder Duty aforesaid; and the said Commissioners for Excise respectively, and their Under Offi­cers, shall have as large and ample power and authority, in all mat­ters and things relating to their said respective Offices, as by the afore reci [...]ed Act is given and granted to the Commissioner for Impost and Tunnage of Shipping, and Commissioners for Excise respectively, and their Under Officers, And it shall and may be lawful, Commissio­ners allowed to ferm out the Excise. to and for the Commissioners for Excise, to agree for, or to lo [...]t o [...] ferm out the same, or any part or parcel thereof, or to collect it themselves, and by their Under Officers, according as they shall judge to be most of advantage to the Province. And in case they shall lett or farm out the same, or any part thereof, such Fermer or Fermers respectively, and the Officers to be im­ployed under him or them, shall have as full power and authori­ty to enforce the collecting thereof, and for preventing Frauds as is herein before given and granted to the said Commissioners, and their Under Officers.

Provided this Act shall continue in force for the space of one whole year, from and after the said Twenty Ninth Day of June, in this present year One Thousand Six Hundred Ninety Eight, This Act to continue for one year. and no longer.

Provided also, That for all Wines & Liquors Imported & Landed within this Province, Draw back on Wines & Liquors im­ported before the 29 th of October, to be the same as before. before the Twenty Ninth Day of October next, and afterwards Exported out of the same within twelve months af­ter the Importation thereof (being so made to appear) there shall be repaid or discounted to the Importers or their Assigns, two third parts of what they paid, or secured to be paid upon Im­portation of the same, according to the direction of the afore-recited Act. Any thing herein contained to the contrary not­withstanding.

An Act, Establishing of Sea Ports within this Province, and for ascertaining the Fees for entring and clearing of Vessels inward & outward bound.

FOR the better preventing of undue and unlawful Trading, and of Frauds and Abuses in the Duties and Impositions that are or shall be laid upon all Goods, Wares or Merchandizes, Wines, Liquors, or o­ther Commodities that shall be Imported or Exported out of this Province, as also for the remedying and preventing the demanding or taking of exces­sive and unallowed Fees.

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

That t [...]e Maritine Towns and places here after named, and no other, shall be held, deemed and adjudged to be lawful Ports within this Province: That is to say, Boston, (of which Charlstown is to be accounted a Member) Salem, Ports. (whereof Marblehead is to be a [...]nted a Member,) Ipswich, Newbury, (of which Salisbury is to be accounted a Member,) Kittery, Plimouth and Swansey, at every of which aforesaid Ports, an Office shall be held and kept for the Entring and Clearing of all Ships and other Vessels Trading to or from this Province, For Lading & unlading. to be called and known by the name of the Naval Office, as hath been heretofore accustomed; and at one of the Ports aforesaid, or some Member thereof, and not elsewhere, all Ships or other Vessels Trading to or from this Province, shall Lade and Unlade all Goods, Commodities, Wares and Merchandizes whatsoever, which they shall Import or Ex­port. And that an Office be held and kept at Marthas Vineyard and another at Nantuckett, to Enter and Clear all Vessels passing to and from thence, but not to be accounted Ports for the Un­livery or Lading of any of the Enumerated Commodities.

And be it further Enacted by the Authority aforesaid,

That the Fees in the said Office to be demanded and recei­ved, shall be these following, and no other, viz.

And be it further Enacted by the Authority aforesaid,

That if any Person imployed in any of the said Offices shall demand or take any other or greater Fees than by this Act are now made due, Penalty for taking exces­sive Fees, and illegal delay of Entry and clearing. or shall illegally delay and defer the Entring and Clearing any Ship or other Vessel, such Officer shall be liable to double Costs and Damages, being thereof duly convicted in any of His Majesties Courts of Record within this Province.