An Act, For Discontinuing the Duties of Impost, Granted at the Session of the General Assembly begun and held the Twen­ty Fifth day of May, One Thousand Six Hundred Ninety Eight, and for granting of other Duties of Impost in­stead thereof.
For the better Encouragement of Trade and Commerce within this Province.

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

That all and singular the Rates and Duties of Impost upon all Wines, Liquors, Goods, Wares and Merchandize that shall be Im­ported into this Province, granted unto His Majesty in and by an Act made and passed by the Great and General Court or Assembly, at their Session begun and held the Twenty Fifth Day of May in this present Year of our Lord, One Thousand Six Hundred Ninety Eight, Entituled, An Act, For Granting unto His Majesty several Duties of Impost, Excise and Tunnage of Shipping. Be, and hereby are discon­tinued; And that all and singular the clauses, paragraphs and articles in the said Act contained any [...]ayes relating to the said Duties of Impost. Be and hereby are repealed and made void and of none effect.

And be it further Enacted by the Authority aforesaid,

That in lieu and stead of the said Duties of Impost granted by the said recited Act, and discontinued as aforesaid, (over and above the provision made by the Tax granted by this Court to make good the abatement upon the said Impost) There shall be, and hereby is given and granted unto His Most Excellent Majesty to and for the [Page 302] ends, uses, and intents following: That is to say, For and towards the subsisting and paying of Wages to Seamen and Souldiers that are or 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 the upholding and supplying of His Majesties Castle upon Castle-Island near Boston, and His Majesties Fort Mary, at Saco; For maintaining of the Province-Galley; For the payment of such Salaries, Gratuities and Allowances as have been or shall be made by the General Assembly, and for defraying of the incident and contingent Charges in and about the Support of the Government within this His Majesties Province, and for no other uses or intents whatsoever; the several Duties and Impositions here­after mentioned upon all Wines, Liquors, Goods, Wares and Mer­chandizes that shall be Imported into this Province from and after the Publication of this Act, for and during the continuance thereof,

That is to say,

For every Pipe of common Wine of the Western Islands, the Sum of Ten Shillings.

For every Pipe of Canary, Malago or Sherry Wine, the Sum of Twenty Shillings.

For every Pipe of Madera or Passado Wine, the Sum of Fifteen Shillings.

For every Pipe of Port Wine, or Wine of any of the sorts not before mentioned, the Sum of Ten Shillings.

And so proportionably for greater or lesser quantities, and for e­very Gallon of Rhum or other Spirits, the Sum of Three half pence.

For every Hundred Pound Sterling in English Merchandizes, at the prime Cost in England, the Sum of Ten Shillings.

For every Hogshead of Sugar, Two Shillings.

For every Hogshead of Molosses, One Shilling.

For every Hogshead of Tobacco, Two Shillings Six-pence.

For every Tun of Logwood, Three Shillings.

And for all other Commodities, Goods, Wares and Merchandizes (Salt, Cotton, Wool, Provisions, and every other thing of the growth and product of New-England excepted) One penny for every Twenty Shillings value here.

And be it further Enacted by the Authority aforesaid,

That all the aforesaid Imposts, Rates and Duties shall be paid in currant money of this Province by the Importer of any Wines, Impost to be paid before Landing. Li­quors, Goods or Merchandizes, unto the Commissioner or Receiver, to be appointed as is herein after directed for entring and receiving of the same at or before the Landing of any Wines, Liquors, Goods or Merchandizes, 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 be it further Enacted by the Authority aforesaid,

That all Masters of Ships or other Vessels coming into any Har­bour [Page 303] or Port within this Province from beyond Sea, or from any other Province or Colony, before Bulk be broken, Master to make Report of the contents of his Load­ing. and within Twen­ty four hours after his Arrival in such Harbour or Port, shall make a Report to the Commissioner or Receiver of the Impost to be ap­pointed as hereafter mentioned, of the Contents of the Loading of such Ship or Vessel, without any charge or Fee to be demanded or paid for the same: Which Report such Master shall give in to the said Commissioner or Receiver under his hand, and shall therein set down and express the quantities and species of the Wines, Li­quors, Goods and Merchandizes Laden on such Ship or Vessel, with the marks and numbers thereof, and to whom the same is consigned, and shall also make Oath, That the said Report or Manifest of the Contents of his Loading so to be by him given in under his hand as aforesaid, Upon Oath contains a just and true accompt to the best of his knowledge, of the whole Lading taken on board and Imported in said Vessel from the Port or Ports such Vessel came from, and that he hath not broken Bulk, nor delivered any of the Wine, Rhum or other distilled Liquors Loaden on said Ship or Vessel directly or indirectly: And that if he shall know of any more Wines, Liquors, Goods or Merchandizes to be Imported therein, before the Landing thereof, he will cause it to be added to his Manifest. Which Oath the Commissioner or Receiver is hereby Impowred to administer, Penalty for neglect. after which such Master may unload and not before, on pain of One Hundred Pounds to be forfeited and paid by each Master that neglects his Duty in this behalf.

And be it further Enacted by the Authority aforesaid,

[...], Factors or other persons, Importers being Ow­ners [...], or having any of the Wines, Liquors, Goods, Importers to make Entry. Wares or Mer­chandizes consigned to them that by this Act are liable to pay Impost [...] shall by themselves or order, make Entry thereof in Wri­ting under their hands with the said Commissioner or Receiver, and produce unto him the Original Invoice thereof, and pay the Duty and Impost by this Act required, before such Wines, Liquors, Goods, Wares or Merchandizes be Landed or taken out of the Vessel in which the same shall be Imported, on pain of forfeiting all such Wines, Li­quors, Goods, Wares or Merchandizes so Landed or taken out of the Ves­sel in which they are Imported. And no Wines, Liquors, Goods, Wares or Merchandizes that by this Act are liable to pay Impost or Duty, shall be Landed on any Wharf or into any Warehouse or other place but in the day time only, and that after Sun rise and before Sun set, unless in the presence of and with the consent of the Commissioner or Receiver, on pain of forfeiting all such Wines, Liquors, Goods, Wares and Merchandizes, and the Lighter, Boat or Vessel out of which the same shall be Landed or put into any Warehouse or other place. And if the Commissioner or Receiver shall suspect that any Merchant, Factor or other person to whom any Wines, Liquors, Goods or Merchandizes comes consigned does not in the Entry or Writing thereof to be given under his hand as aforesaid, make a full and perfect Entry of such Wines, Liquors Goods and Merchandizes, [Page 304] or that the Invoices thereof produced and shewn by any person or persons as by this Act is directed, are not really and bona fide the Original Invoices of the Wines, Liquors, Goods or Merchandizes such person or persons would then Enter. In every such case, the Commissioner or Receiver is hereby ordered and directed not to admit such person or persons to an Entry of the said Wines, Liquors, Goods or Merchandizes, until he or they shall have made Oath to the truth of said Writing or Invoice by him or them presented as aforesaid. Which Oath the Commissioner or Receiver is hereby impowred to administer, and if such person or persons shall not have and produce any Invoice of the quantity of the Rhum or Liquors to him or them consigned, then the Cask wherein the same is shall be gaged, at the charge of the Importer, that the quantity thereof may be known.

And be it further Enacted by the Authority aforesaid,

That every Merchant or other person Importing any Wines into this Province, shall be allowed Twelve Per Cent Leakage, provided such Wines have not been filled up on Board, Allowance for Leakage and that every Hogs­head, Butt or Pipe of Wine that hath two third parts thereof leaked out, shall be accounted for outs, and the Merchant or Importer to pay no Impost or Duty for the same. And no Master of any Ship or other Vessel shall suffer any Wines to be filled up on Board, without giving a Certificate of the quantity so filled under his hand before the Landing thereof to the Commissioner or Receiver of the Impost in such Port, on pain of forfeiting the Sum of Fifty Pounds.

And if it be made appear, That any Wines Imported in any Ship or Vessel be decayed at the time of Landing thereof, or in seven days afterwards, Oath being made (if required) before the Commis­sioner or Receiver that the same hath not been Landed above that time, Allowance for decayed Wines. the Duty and Impost paid for such Wine shall be repaid unto the Importer thereof.

And be it further Enacted by the Authority aforesaid,

That the Master of every Ship or Vessel Importing any Wines, Liquors, Goods, Wares or Merchandizes, shall be liable to and shall pay the Impost for such and so much thereof contained in his Mani­fest, Master liable to pay Impost as shall not be duely Entred, and the Duty paid for the same by the person or persons to whom such Wines, Liquors, Goods, Wares or Merchandizes are or shall be consigned. And it shall and may be lawful to and for the Master of every Ship [...] other Vessel, to secure and detain in his hands, at the Owners [...], all such Wines, Liquors, Goods, Wares or Merchandizes Imported in such Ship or Vessel, until he shall receive a Certificate from the Commis­sioner or Receiver of the Impost, that the Duty for the same is paid, and until he be repaid his necessary charges in securing the same▪ Or such Master may deliver such Wines, Liquors, Goods, Wares or Merchandizes as are not Entred, unto the Commissioner or Receiver of the Impost in such Port, or his order, who is hereby impowred and directed to receive and keep the same, at the Owners risque, until the Impost thereof with charges be paid, and then to deliver [Page 305] such Wines, Liquors, Goods, or Merchandizes as such Master shall direct.

And be it further Enacted by the Authority aforesaid,

That the Commissioner or Receiver of the Impost in each Port, shall be, Commissio­ner impow­red to Sue for the Impost. and hereby is impowred to Sue the Master of any Ship or Vessel for the Impost or Duty for so much of the Lading of Wines, Liquors, Goods, Wares and Merchandizes Imported therein accord­ing to the Manifest by him to be given upon Oath as aforesaid, as shall remain not Entred, and the Duty or Impost thereof not paid, and where the Goods, Wares or Merchandizes are such as that the value thereof is not known, whereby the Impost to be recovered of the Master for the same cannot be ascertained, the Owner or person to whom such Goods, Wares or Merchandizes are or shall be con­signed, shall be Summoned to appear as an Evidence at the Court where Suit for the Impost and Duty thereof shall be brought, and be there required to make Oath to the value of such Goods, Wares or Merchandizes.

And be it further Enacted by the Authority aforesaid,

That the Ship or Vessel with her Tackle, Apparrel and Furniture, the Master of which shall make default in any thing by this Act required to be performed by him, Vessel the Master of which shall make default to be liable to make good the penalty &c. shall be liable to answer and make good the Sum or Sums forfeited by such Master, according to this Act for any such default, as also to make good the Impost or Duty for any Wines, Liquors, Goods, Wares or Merchandizes not Entred as aforesaid, and upon Judgment recovered against such Master, the said Ship or Vessel, or so much of the Tackle or Appurtenances there­of as shall be sufficient to satisfie said Judgment may be taken in Execution for the same, and the Commissioner and Receiver of the Impost, shall, and hereby is impowred to make Seizure of such Ship or Vessel, and detain the same under Seizure, until Judgment be gi­ven in any Suit to be commenced and prosecuted for any of the said forfeitures or Impost, to the intent that if Judgment be rendred for the Prosecutor or Informer; such Ship or Vessel and Appurtenances may be exposed for satisfaction thereof, as is before provided: Un­less the Owners or some on their behalf for the releasing of such Ship or Vessel from under Seizure and restraint, shall give sufficient security to the Commissioner or Receiver of the Impost that Seized the same, to respond and satisfie the Sum or value of the forfeiture and Duties with charges that shall be recovered against the Master thereof upon Suit to be brought for the same as aforesaid, and the Master occasioning such loss and damage unto his Owners through his default or neglect shall be liable unto their action for the same.

And the Commissioner or Receiver of the Impost is hereby fur­ther impowred to allow Bills of Store to the Masters of any Ships or Vessels importing any Wines or Liquors for such private adventures as shall belong to the Master and Seamen of such Ship or other Ves­sel at the discretion of the Commissioner or Receiver, Commissio­ner to allow Bills of Store. not exceeding Three Per Cent of the Lading, and the Duties payable by this Act for such Wines or Liquors in such Bills of Store mentioned and expres­sed shall be abated▪

[Page 306] And be it further Enacted by the Authority aforesaid,

That all penalties and forfeitures accruing or arising by virtue of this Act, shall be one half to His Majesty for the uses and intents for which the afore mentioned Duties of Impost are granted, and the other half to him or them that shall seiz, Penalties how to be recovered & disposed. inform and sue for the same by Action, Bill, Plaint or Information, in any of His Majesties Courts of Record, wherein no Essoign, Protection or Wager of Law shall be allowed, the whole charge of Prosecution to be taken out of the half belonging to the Informer.

And be it further Enacted by the Authority aforesaid,

A Commis­sioner & Re­ceiver to be appointed.That there be one fit person and no more nominated and appoin­ted by this Court, as a Commissioner and Receiver of the aforesaid Duties of Impost, and for the Inspection, care and management of the said Office, and whatsoever relates thereunto; To receive Com­mission for the same from the Governour or Commander in Chief for the time being, with Authority to Substitute and Appoint a De­puty Receiver in each Port, besides that wherein he resides, and to grant Warrants to such Deputy Receivers for their said place, and to collect and receive the Imposts for all Wines, Liquors, Goods and Merchandizes that shall be Imported into such Port, and to render the Accompts thereof, and pay in the same to the said Commissioner and Receiver; Which said Commissioner and Receiver shall keep fair Books of all Entries and Duties arising by virtue of 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 shall accompt for all Collections and Payments, and pay in all such Monies as shall be in his hands as the Treasurer shall de­mand it: and Sworn And the said Commissioner and Receiver, and his Deputy and Deputies before their entring upon the Execution of their said Office, shall be Sworn to deal truly and faithfully therein, and shall attend in the Office from nine to twelve of the Clock in the Fore­noon, and from two to five of the Clock in the Afternoon. And the said Commissioner & Receiver for his labour, care & expences in the said Office, shall have and receive out of the Province Treasury, Sixty Pounds in Money Per Annum, his allowance and his Deputy or Deputies to be paid for their Service such Sum and Sums as the said Commissioner and Receiver with the Treasurer shall agree upon reasonable Terms.

Provided nevertheless, That the present Commissioner and Re­ceivers of the Duties of Impost, be and hereby are continued for collecting and receiving of the Duties granted by this Act, Present Com­missioner and Receivers to continue till the first of March. and for the inspection, care and management of the said Office, and what relates thereunto, until the first day of March next coming, and then the person that shall be nominated and appointed by this Court to be the Commissioner or Receiver of the aforesaid Duties to receive his Commission for the same, and to enter upon the exercise thereof. And that the said Commissioner and Receiver of the Im­post, and his Deputy or Deputies shall also be Receivers of the Duty of Tunnage of Shipping or Powder Duty, granted by the before recited Act, Entituled, An Act, For Granting unto His Majesty [Page 307] several Duties of Impost, Excise and Tunnage of Shipping. Any thing therein contained to the contrary notwithstanding.

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

That in case any Wines or Liquors Imported and Landed within this Province at any time before the publication of this Act, Draw back to be allowed for Wines & Liquors im­ported before this Act. (the Impost and Duty of which hath been well and truly paid or secu­red to be paid, according to the before recited Act) be afterwards Exported out of the Province within twelve months after Importati­on thereof, and be so made appear unto the Commissioner or Re­ceiver of the Impost in such manner and form as by the Act or Acts for granting the said Duties of Impost is directed. Then, and in e­very such case there shall be repaid or discounted by the said Com­missioner or Receiver unto the Importer or his Assigns the respective Sums and Drawbacks mentioned and expressed in the said before re­cited Act, Entituled, An Act, For Granting unto His Majesty several Duties of Impost, Excise and Tunnage of Shipping.

Provided also, That this Act shall continue in force from the publication thereof until the Twenty ninth day of June, which will be in the year of our Lord, One Thousand Seven Hun­dred, and no longer.

An Act, For Regulating & Inspecting the Build­ing of Ships.

FORASMUCH as the Building of Ships is a business of great Im­portance for the common good, and not only the safety of mens E­states, but Lives are nearly concerned in the well and orderly per­forming of the same. And forasmuch as Builders and Workmen [...] under them, are oft-times remiss and negligent of their duty in that regard, as has been found by experience; and it being therefore necessary and agreeable to the course and practice of His Majesties Kingdom of England; That suitable provision be made, and effectual care taken therein.

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

That when and so often as any Ship or Vessel of Thirty Tuns or upwards, Warrant to be obtained & Survey made before Planking. is to be built and set up in any Town or Place within this Province, before any Plank be brought on, the Carpenter or Undertaker shall repair unto one of the Justices of the Peace within the same County, who, upon request made is hereby impowred to appoint [Page 308] and authorize one or more able Shipwrights to be Overseers and Surveyers of the said Building, and of all the materials and work­manship to be improved, made use of, done and to be done to, on and about the same from time to time, as often as the Carpenter or Undertaker shall see cause to call them thereto, and especially at such times as in and by this Act is hereafter directed and appointed; That is to say, Every Tear of Timbers shall be Surveyed before they be inclosed or covered with Plank, Special times for a Survey. and the Floor Timbers before the Kealson be bolted down; The Beams and Timbers for the Decks shall be Surveyed after laying, before any Plank be fastned on, and the Bottom to be Surveyed before Calking: Which Overseers and Surveyers to be appointed as aforesaid, shall take care that all the materials in said Building be sound, sufficient and suitable for the occasion, and that the works be done and performed strong, substan­tial and in workman-like manner, according to the Rules of the Ship­wrights art, and that all Trunnels be not only found and well season­ed, No Timber or Plank of Oak, other than white Oake to be used. but also without Sap. And shall have a particular care and regard that such Ship or Vessel be well Calked, and not to allow any Tim­ber or Plank of Oak to be used therein other than white Oak, and shall direct that all insufficient Materials be taken out, and that de­fective Workmanship be amended.

And the Surveyers and Overseers to be appointed as aforesaid, shall have an Oath administred unto them to be faithful and indiffe­rent between the Carpenter or Builder, Surveyers to be Sworn. and the Undertaker, and to observe the directions given them by this Act.

And be it further Enacted by the Authority aforesaid,

Penalty on Builders neg­lecting to have a SurveyThat if any Carpenter or Builder shall bring to, and fasten any Plank upon any Ship or Vessel of the burthen aforesaid, before a Warrant of Survey be obtained as aforesaid, and the Surveyers and Overseers have been to view the Frame; Every such Carpenter or Builder offending herein, shall forfeit & pay the Sum of Ten Pounds: One Moiety, thereof unto His Majesty, for and towards the Support of the Government of this Province, and the contingent Charges thereof, and the other Moiety to him or them that shall inform and sue for the same, by Bill, Plaint or Information in any of His Ma­jesties Courts of Record within this Province.

And if any Carpenter or Builder upon the advice and direction of such Surveyers or Overseers shall neglect to take out, Builders pe­nalty for not attending the advice of the Surveyers. reform and amend what is judged by them to be defective or amiss in any ma­terials or workmanship, he shall forfeit and pay the Sum of Five Shil­lings Per Diem, to the use of the poor of that Town, where such Ship or Vessel shall be in Building, until the defects be amended; being convicted of such neglect before one or more Justices of the Peace, or before the Court of General Sessions of the Peace, unless such Justice or Court upon hearing of the Carpenter or Builder shall see cause to allow him some further reasonable time for doing of the same.

[Page 309] And be it further Enacted by the Authority aforesaid,

That when any Surveyers and Overseers are called upon by the Carpenter or Undertaker respectively to Survey the work or materi­als as is provided in this Act; Every such Surveyer or Overseer shall have for his care and attendance when called, Overseers al­lowance. Three Shillings for eve­ry Survey; Which Charge of Surveying is to be born by the Carpenter when he is in fault or defective; But when the Carpenter is not in fault, then by the Undertaker. And when the Surveyers or Over­seers shall give their advice or judgment on or about any work un­finished, that the same is faulty or defective, the Carpenter shall not thereby incur the Charge of Surveying, but only when the Survey­ers or Overseers see reason to direct the taking out or shifting any Timber or Plank.

And in case the Surveyers and Overseers are occasioned to Travail out of Town for the Surveying any Ship or Vessel in Building, they shall be further allowed for their time and necessary Charge.

AN ACT, In Addition to, and Explanation of the Act against Adultery and Polygamie, made in the Sixth Year of the Reign of King William and Queen Mary.

WHEREAS in the Act Entituled, An Act against Adultery and Polygamie, It is Provided in these Words; Provided always that this Act or any thing therein contained shall not extend to any person or persons whose Husband or Wife shall be continually remaining beyond the Seas by the space of Seven Years together: or whose Husband or Wife shall absent him or her self the one from the other by the space of Seven Years together, in any part within Their Majesties Dominions or else where, the one of them not knowing the other to be Living within that time. Which Limitation of Seven Years is in some Cases found to be Excessive and Inconvenient.

Therefore for the better preventing the Violation of the Seventh Com­mandment, and for obtaining the Blessings God is wont to bestow upon the Keepers of the same.

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

[Page 310]That if any married person; Man or Woman has lately, or shall hereafter go to Sea in any Ship or other Vessel bound from [...] to another where the Passage is usually made in three months time; and such Ship or other Vessel has not been, or shall not be heard of within the space of Three full Years next after their putting to Sea from such Port; Limitation of Three Years in case. or shall only be heard of under such circumstances, as may rather confirm the opinion commonly received of the whole Companys being utterly lost: In every such case, the matter being laid before the Governour and Council, and made to appear; The man or woman whose Relation is in this manner parted from him or her, may be esteemed single and unmarried; and upon such De­claration thereof, and Licence obtained from that Board, may law­fully marry again. Any Law, Usage or Custom to the contrary notwithstanding.

An Act, Enabling Sheriffs, Constables, &c. [...] r [...]quire aid and assistance in the Execu­tion of their Respective Offices refer­ring to Criminals.

FORASMUCH as it is oftentimes necessary, That Sheriffs, Under-She­riffs and Constables be aided and assisted in the Execution of their re­spective Offices.

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

That when and so often as any Sheriff, Under Sheriff or Consta­ble shall be in the Execution of his Office for the preservation of the Peace, or for apprehending or securing any person or persons for violating the same, or for any other criminal matter or cause. It shall and may be lawful to and for such Sheriff, Penalty for refusal or neglect to aid or Assist the Sheriff &c Under Sheriff or Constable to require suitable aid and assistance therein. And if any person or persons being required by any Sheriff, Under-Sheriff or Constable in His Majesties Name to aid or assist him in the Execu­tion of his Office as aforesaid, shall neglect or refuse so to do, and be thereof convicted before one or more of His Majesties Justices of the Peace, such Offender or Offenders shall be fined, to the use of the poor of the Town where the Offence shall be committed, not exceeding Forty Shillings, at the discretion of such Justice or Justices, according to the circumstances aggravating or lessening such Offence. [Page 311] And if such Offender or Offenders be unable, or shall not forthwith pay the said Fine, such justice or Justices may punish him or them by Imprisonment, not exceeding forty eight hours, or by setting in the Stocks not exceeding four hours.

And if any person or persons not being really and bona fide a She­riff, Under-Sheriff or Constable, Penalty for pretending to to be a She­riff &c. and not so bona fide. shall presume to abuse His Maje­sties Name and Authority in pretending him or themselves to be a­ny or either of the said Officers, and take upon him or themselves to act as such, or to require any other person or persons to aid or assist him or them in any matter or thing belonging to the duty of a Sheriff, Under-Sheriff or Constable: Every person or persons so offending, and being thereof convicted, shall forfeit and pay a Fine not exceeding One Hundred Pounds, according to the nature and cir­cumstances aggravating his offence, at the discretion of the Court, before whom the Conviction shall be; one Moiety of the said Fine or Forfeiture to be unto His Majesty, towards the Support of the Government within this His Majesties Province, & the other Moiety to him or them that shall inform and prosecute for the same.

And be it further Enacted by the Authority aforesaid,

That any of His Majesties Justices of Peace, for the preservation of the same, or upon view of the breach thereof, Justices may Command any person to apprehend an offender in case. or of any other transgression of Law proper to his Cognizance done or committed by any person or persons whatsoever, shall, and hereby is impowred (in the absence of a Sheriff, Under-Sheriff or Constable) to require any person or persons to apprehend and bring before him such Offender or Offenders. And every person and persons that shall neg­lect or refuse to obey any Justice or Justices in apprehending such Offender or Offenders, being thereunto required as aforesaid, shall incur and suffer the like pains and penalties as is before provided for refusing or neglecting to assist any Sheriff, Penalty for neglect or refusal. Under-Sheriff or Consta­ble in the Execution of his Office as before mentioned.

And no person or persons so offending, unto whom such Justice is known or shall declare himself so to be, shall be admitted to plead excuse on pretence of ignorance of his Office.

AN ACT, For the better Preservation & Increase of Deer within this Province.

WHEREAS the Killing of Deer at unseasonable times of the year hath been found very much to the prejudice of this Province, great numbers thereof having been hunted and destroyed in deep Snows when they are very poor, and bigg with young, the flesh and skins of very little value, and the increase thereof greatly hindred.

[Page 312] Be it therefore 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 within this Province, from and after the last day of December, in this present year One Thousand Six Hundred Ninety Eight, till the first day of August, One Thou­sand Six Hundred Ninety Nine, No Deer to be killed be­twixt Decemb. & August yearly, on penalty. and so from the last day of December to the first day of August following annually for ever hereafter, shall any ways whatsoever, Kill any Buck, Doe or Fawn, on pain that such person or persons so Offending, shall forfeit the Sum of Forty Shillings for the first Offence, Three Pounds for the second Offence, and Five Pounds for the third Offence, and so for every Offence after: One Moiety thereof unto His Majesty, to be imployed towards Support of the Government of this His Majesties Province, and the other Moiety to him or them that shall inform and sue for the same, in any Court of Record within the said Province.

And if any person or persons Offending as aforesaid, shall not have wherewithal to pay his or their Fine or Fines, Persons una­ble to pay the Penalty, to satisfy by work. he or they shall for the first Offence work twenty days, for the second thirty, and for the third Offence fifty days, as shall be directed by the Justices, before whom the cause shall be heard and determined; and the Wa­ges or Earnings for his or their work to be imployed to and for the uses before mentioned.

And if any Venison, Skin or Skins of any Buck, Doe or Fawn newly killed, The flesh or skin of any Deer found to be suffici­ent convicti­on unless &c. shall, at any time in any of the aforesaid months wherein they are by this Act prohibited to be killed, be found with, or in possession of any person or persons whatsoever, such person or persons shall be held and accounted in the Law to be guilty of killing Deer contrary to the incent of this Act, as fully as if it were proved against such person or persons by sufficient witness viva voce; except such person or persons do bring forth and make proof who was the person, or who were the persons that Sold or Killed the same.

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

That it shall and may be lawful for any person or persons what­soever, Tame Deer may be kill'd at any time. who shall keep or breed any Deer, tame, or in any Park or Island, at any time to kill any Buck, Doe or Fawn so kept and bred. And that any person or persons whatsoever, shall have free liberty of Hunting as formerly to the Eastward of Piscataqua River. Any thing in this Act to the contrary notwithstanding.

An Act, For hearing and determining of Cases in Equity.

WHEREAS the Respective Courts of Justice within this Province are by Law Impowred, where the Forfeiture of any Paenal Bond shall be found, in the Entring up of Judgment in such case to chancer the same unto the just debt and damages. The Practice whereof is found to give great ease and satisfaction unto His Majesties Sub­jects; whereby Oppression, Delay, and great Costs and Charges are prevent­ed; which otherwise would unavoidably arise. And Applications having been unto this Court, That further provision may be made for releife in E­quity, in cases not releivable by the Rules of the common Law.

To the intent therefore that Justice and Equity may be joint­ly Administred.

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

That in all cases brought or to be brought for Tryal in the Supe­riour Court of Judicature, Courts of Justice Im­powred to chancer Pe­nalties an­nexed to spe­cialties and forfeitures of Estates grant­ed on condi­tion. or in the Inferiour Court of Common Pleas within the several Counties; where the Forfeiture or Penalty annexed unto any Articles, Agreement, Covenant, Contract, Charter-party, or other Specialties or Forfeiture of Estates on Condition Executed by Deed of Mortgage, or Bargain and Sale with Defeasance, shall be found by Verdict of Jury, or Confession of the Obligor, Mortgager or Vender; The Justices of the said Courts respectively where the Tryal is had, are hereby Impowred and Authorized, to moderate the rigour of the Law, and on consideration of such cases according to Equity and good Conscience to Chancer the Forfeiture, and Enter up Judgment for the just debt and damages, and to award Execution accordingly; Only in real actions upon Mortgage or Bargain and Sale, with Defeasance, the Judgment to be conditional; That the Mortgager or Vender, or his Heirs, Executors or Admini­strators do pay unto the Plaintiff, such Sum as the Court shall deter­min to be justly due thereupon, within two months time after Judg­ment Entred up for discharging of such Mortgage or Sale; Or that the Plaintiff recover possession of the Estate Sued for, and Executi­on to be awarded for the same.

And be it further Enacted by the Authority aforesaid,

That in all cases of like nature heretofore heard and tryed in any of the Courts of Justice within this Province, since the month of [Page 314] April in the Year of Our Lord God, One Thousand Six Hundred Eighty Six, where the whole Forfeiture or Penalty of any Bond or Obligation, Conditioned for the payment of Money, [...]formance of Articles, Covenants, Agreements, Charter-parties or other Speci­alties has been Recovered and Exacted; Provision for cases of like nature heard & tryed since April. 1686. Or where any Estate grant­ed on condition by Mortgage, or Bargain and Sale, with Defeasance hath been recovered, and the Mortgager or Vender by himself or assigns hath entred into, or by any ways or means whatsoever obtain­ed possession thereof for default of the Mortgager or Venders paying the Money, or otherwise performing what according to such Con­dition or Defeasance he ought to have done, the party agrieved and oppressed by such Exaction, or to whom the Right or Equity of redemption of any such Estate does belong, may bring his Suit for remedy and relief therein, by filing a Bill, Plaint or Declaration, either in the Superiour Court of Judicature, or the Inferiour Court of Common Pleas, at his pleasure, and shall cause the adverse party to be served with a Writ or Process out of such Court, fifteen days before the day of the sitting of the same; briefly notifying the im­port of the said Bill, Plaint or Declaration, and requiring him to ap­pear at said Court, to make his Answer and Defence. And in case of the Defendants Non-appearance, or on motion made to the Court, and reasonable cause therefore shewn, the Court may continue such Suit unto the next Court and no longer. Provided no such Suit shall be brought, after the Tenth Day of December, which will be in the Year of Our Lord, One Thousand Seven Hundred and One.

And the Justices in the before mentioned Courts respectively are hereby Impowred and Authorized to receive and hear every such case and cases that shall be orderly brought before them as aforesaid, The Justices of the several Courts im­powred to receive and hear such cases and to grant releife in Equity. and on consideration of the several pleas and allegations made by ei­ther party to decree and enter up Judgment therein agreeable to E­quity and good Conscience, and to award Execution accordingly. And where any Mortgager or Vender of any Houses or Lands gran­ted on condition hath recovered, or entred into, and taken possession of the same for the condition broken, the Mortgager or Vender, or his Heirs tendring payment of the Original Debt and Damages, or such part thereof as was remaining unpaid, at the time of Entry; with reasonable costs and allowance for any disbursements afterwards laid out on such Housing or Lands for the advancement and better­ing of the same, over and above what the Rents, profits or improve­ments thereof made shall amount unto, upon a just computation thereof by the Court, as on hearing of the parties shall be made to appear; The Mortgager or Vender, or his Heirs, or the present Te­nant in possession (being the purchaser and holding in his own right) shall be obliged to accept such payment, and to restore and deliver possession of the Estate unto the Mortgager or Vender, or his Heirs, and Seal Execute, and Acknowledge a good and sufficient Deed in the Law of Release and Quitclaim to the same. But in case of his not appearing in Court, or refusal to accept such payment ten­dred, [Page 315] [...] whole of said Moneys which the Court shall enter Judg­ment [...] [...]ing left in custody of the Court on behalf, and for the use of the Mortgagee or Vendee, his Heirs or Assigns, Judgment shall be Entred up for the Mortgager or Vender, or his Heirs, to recover p [...]session of such Houses or Lands and Execution be accor­dingly awarded. And further it is Enacted, That at any time hereafter where the Mortgagee or Vendee shall be in actual possession of any Estate granted on condition, It shall be in the liberty of the Mortgager or Vender, or his Heirs, to bring his Suit in manner as aforesaid, for redemption thereof, within the space of three years next after the term therein expired, and not afterward.

Provided always, That the party agrieved at any Judgment to be given as aforesaid, shall have the same liberty of Appeal and Re­view as in other cases is provided at the common Law.

AN ACT, For Establishing the Form of an Oath to be administred unto the Justices of the Superiour Court of Judicature, & the Justices of the Inferiour Court of Common Pleas respectively.

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

That the Oath following shall be administred unto each of the Justice of the Superiour Court of Judicature, and also to each of the Justice of the respective In [...]eriour Courts of Common Pleas within this Province, by the Governour or Commander in Chief for the time being of the same, or such as shall be by him thereto appointed.

That is to say, ‘ YOU Swear, That well and truly You shall Serve Our Soveraign Lord the King and his People in the Office of a Justice of the [...] Court of [...] and that you will do equal Law and Execution of right to all People, poor and rich after the Laws and Usage of this Province, and in such cases as the Law does especially provide to be relieved in Equity, there to proceed according to Equity and good Conscience, without having re­gard to any person. So help you God.’

Which before-recited Oath shall also be administred as aforesaid unto the Justices that shall be appointed and commissioned, for the re­s [...]ctive Courts aforesaid from time to time, before their entring up­on the Execution of their Office.

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, having had before us the Accompts of the Treasury. Whereby we are sensible of the ne­cessity of granting a further supply of Money as well for the paying and discharging of the Debts already due and owing from the Province, as of the future growing Charge thereof; For Subsisting & Paying of wages to Souldiers and Seamen, and Vessels hire, that are or shall be imployed in His Ma­jesties Service, and for the prosecuting and subduing of the Indian Rebels, and other Charges and Expences that shall arise thereupon, or for any Ne­gotiation concerning them. For the paying 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, and for Support of the Government, and answering of the incident and contingent Charges thereof. Do unanimously grant unto His Most Excellent Majesty for the ends, uses and intents before-mentioned; As also, For making good so much of the Publick Revenue as shall fall short by the abatement of part of the Duties of Impost discontinued, For the better Encou­ragement of Trade. And for no other uses or intents whatsoever; A Tax of Five Thousand, One Hundred and Eighteen Pounds, Fifteen Shil­lings in Money, to be Levied 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 & Representatives in General Court Assembled, and by the Authority of the same.

That the Treasurer do forthwith 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 [...] Churches, Settled Ministers, the President, Fellows and Students [...] Harvard Colledge, Grammar School Masters, and 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 Three Shillings on the Poll, and on 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) [Page 317] [...], possession Tenure or Occupation soever the same [...] One Penny on the Pound, and to abate or [...] (if need be) so as to make up, together with what [...] arise upon Polls, the full Sum hereby set and proportioned [...] Town or Precinct, Houses and Lands to be Estimated at the [...] Rent o [...] Income whereat they usually are, or may reaso­nably be [...] for in the places where they lye and not otherwise; and the Tenant or Occupant thereof to be assessed for the same. All Indian Molatto and Negro Servants to be Estimated 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 a fair List or Lists of the said Assessment setting forth in distinct Columns against each particular persons name how much he is Assessed at for Polls, how much for Houses and Lands, and how much for personal Estate and 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 to each of them respectively committed, unto himself some time before the last day of January next ensuing. And the Treasurer upon Receipt of such Certificate, is hereby Impowred 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 him o [...] 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 Thirtieth day of April next follow­ing.

And the Treasurer is hereby also directed to send his aforesaid Warrants inclosed to the Sheriff or Marshal of each respective Coun­ty, who i [...] [...]quired immediately to disperse and transmit the same unto the Select men, Trustees, Assessors, Constables or Collectors of the several Towns and Precincts within such County, according to the [...] thereof▪ And for his Service, Charge and Expence the [...] reasonable allowance ordered him by the [...] of the Peace in the same County, to be [...] Treasury, upon his laying the Accompt [...] them.

And be it further Enacted by the Authority aforesaid,

That each Town and Precinct within this Province shall be As­ses [...]ed and Pay as its proportion to this present Tax the Sum here [...] 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 Assessors of such Towns or Precincts proportion herein before set unto this present Tax (where any others specially Chosen or to be Chosen for that [Page 320] purpose, refuse to accept thereof) And all Assessors before they en­ter upon the said work, shall take the Oath following.

That is to say, ‘YOU A. B. being an Assessor of the Town of C. for this present Tax, Do Swear, That in the Discharge of said Trust, you will deal impartially and equally in proportioning the Sum to be Asses­sed upon the Inhabitants of said Town after the best of your discretion and judgment, and in so doing attend the rules and directions prescribed by this Act. So help you God.’

Which Oath every Justice of the Peace, and Town Clerk respect­ively of each Town where no Justice does reside, is hereby impow­red to administer.

And every Assessor attending the Service aforesaid, shall be paid out of the Town Treasury, Two Shillings Per Diem for each day he is necessarily imployed thereabout.

And be it further Enacted by the Authority aforesaid,

That if the Selectmen or Trustees of any Town or Precinct (or other Assessors 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 required by virtue of this Act▪ shall be liable and subject unto the pains, pe­nalties and forfeitures as are in or by any Act or Acts of the General Assembly, or any clause, branch or article thereof in like cases set and declared, to be prosecuted and recovered of them in the same way and manner as in and by such Act or Acts is directed and prescribed.

And the Treasurer, and the Select-men or Assessors, shall be, and are hereby also respectively impowred to take, use and exercise all such rules, directions, powers and authorities, for enforcing the collecting and paying in this present Tax as is unto him or them re­spectively 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 reenacted, and notwithstanding any limitation or restraint thereof in or to the particular Act or Acts wherein the same are enumerated, set down and expressed.

[Page 321] 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 the Fermer or Occupier of any Houses or Lands, shall be reimburst and allowed by the Owner or Landlord thereof, one moiety or half part of such Sum and Sums as he shall pay for such Houses or Lands unto this present Tax (where no particular Con­tract is to the contrary between any Landlord and Tenant) upon producing a Certificate from the Assessors or Town Clerk of the Sum or Sums such Houses or Lands are set at and assessed unto the said Tax. Any Law or Usage to the contrary notwithstanding.